The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924016985586 Cornell University Library KEN54441907 The ordinances of the North-west Territo 3 1924 016 985 586 THE OEDIMICES NORTH-WEST TERRITORIES Being an official consolidation of the Ordinances of the North-West Territories in force on August 31st, 1905, as the same appear in the Consolidation of 1893, and the amendments thereto, together with the Public General Ordinances, enacted by the Legislature of the North -West Territories, after the year 1898. Compiled in the Department of the Attorney General of the Provirce of Alberta at Edmonton. EDMONTON : Jas. E. "Richards, Government Printer 190 7 id^of^-H THE ORDINANCES NOETH-WEST TEEEITOEIES TABLE OF CONTENTS AGE Chronological table ix Autonomy Act xiii Errata, and note re amendments xxxi TITLE I. Interpretation. CHAPTER 1. An Ordinance respecting the Form and Interpretation of Ordinances 1 TITLE II. Legislature, Executive and General Gonernment. 2. An Ordinance respecting the Legislative Assembly of the Territories , . 13 3. An Ordinance respecting Elections 36 4. An Ordinance respecting Controverted Elections 86 5. An Ordinance respecting the Public Service of the Territories 95 6. An Ordinance respecting the Department of the Attorney General. . . 101 7. An Ordinance respecting the Department of the Territorial Secretary 103 8. An Ordinance respecting the Department of Agriculture 105 9. An Ordinance respecting the Department of Public Works 107 10. An Ordinance respecting the Treasury Department and the Auditing of the Public Accounts 123 11. An Ordinance respecting Public Printing 140 12. An Ordinance respecting Inquiries concerning Public Matters 142 13. An Ordinance respecting Security to be given by Public Officers 143 14. An Ordinance respecting the Registration of Births, Marriages and Deaths 152 15. An Ordinance respecting the Expropriation of Lands (repealed 1901, c. 4, s. 78) 162 16. An Ordinance to make regulations with respect to Coal Mines 163 17. An Ordinance respecting the Inspection of Steam Boilers, and the examination of Engineers operating the same 184 18. An Ordinance respecting Ferries (repealed 1901, c. 4, s. 78) 193 19. An Ordinance respecting Public Health 194 20. An Ordinance to regulate Public Aid to Hospitals. . . . 205 IV TABLE OF CONTENTS TITLE III. Relating to the Administration of Justice. CHAPTER PAGE 21. An Ordinance respecting the Administration of Civil Justice 207 22. An Ordinance respecting Clerks and Deputy Clerks. 356 23. An Ordinance respecting Sheriffs and Deputy Sheriffs 364 24. An Ordinance respecting Commissioners to Administer Oaths 371 25. An Ordinance respecting Notaries Public 372 26. An Ordinance to Abolish Priority among Execution Creditors 373 . 27. An Ordinance Exempting certain Property from seizure, and Sale under Execution 380 28. An Ordinance respecting Juries 382 29. An Ordinance respecting Alimony 387 30. An Ordinance to amend the law relating to Slander 388 31. An Ordinance respecting Limitation of Actions in certain Cases 389 32. An Ordinance respecting Justices of the Peace 390 33. An Ordinance respecting Constables 396 34. An Ordinance respecting Distress for rent, and Extras-Judicial Seizin-e 397 35. An Ordinance respecting Arbitration 400 36. An Ordinance respecting the Investigation of Accidents by Fire 405 TITLE IV. Relating to Real Property. 37. An Ordinance respecting Land held by two or more Persons 407 38. An Ordinance respecting the holding of Lands in Trust for Religious Societies and Congregations 408 TITLE V. Relating to Mercantile LaiL. 39. An Ordinance respecting the Sale of Goods 412 40. An Ordinance respecting Factors and Agents 430 41. An Ordinance respecting Choses.in Action 434 42. An Ordinance respecting Preferential Assignments 436 43. An Ordinance respecting Mortgages and Sales of Personal Property. . 437 44. An Ordinance respecting Hire Receipts and Conditional Sales of Goods 450 45. An Ordinance respecting Partnerships 452 TITLE VI. Relating to Special Relationships. 46. An Ordinance respecting Marriages 457 47. An Ordinance respecting the Personal Property of Married Women. . 466 48. An Ordinance respecting Compensation to the Families of Persons killed by Accidents .an 49. An Ordinance respecting Insurance for the Benefit of Wife and Children .„„ 60. An Ordinance respecting Masters and Servants 475 TABLE OF CONTENTS V TITLE VII. Relating to Professions, Trades, etc. CHAPTER PAOB ■ 61. An Ordinance respecting the Legal Profession and the Law Society of the Territories. 478 52. An Ordinance respecting the Medical Profession. 493 53. An Ordinance respecting Dentistry 507 54. An Ordinance respecting Chemists and Druggists 522 55. An Ordinance respecting Veterinary Surgeons 531 56. An Ordinance respecting Hotel and Boarding House Keepers 532 67. An Ordinance respecting Keepers of Livery, Boarding and Sales Stables 634 68. An Ordinance respecting Auctioneers, Hawkers, and Pedlers 537 69. An Ordinance respecting Liens in favour of Mechanics and others .... 539 60. An Ordinance respecting Threshers' Liens 551 TITLE VIII. Relating to Companies and Kindred InstitiUions. 61. An Ordinance respecting the Incorporation of Joint Stock Companies 552 62. An Ordinance to Authorize the Changing of the names of Incorporated Companies (repealed 1901, c. 20, s. 150) 630 63. An Ordinance respecting Foreign Corporations 631 64. An Ordinance respecting Mining Companies (repealedl901,c.20,s.l50) 637 65. An Ordinance' respecting the Manufacture of Butter and Cheese 638 66. An Ordinance respecting Benevolent and other Societies 645 67. An Ordinance respecting Mechanics' and Literary Institutes 650 68. An Ordinance respecting Cemeteries 654 69. An Ordinance respecting Agricultural Societies 661 TITLE IX. Relating to Municipalities, Schools, Irrigation Districts, etc. 70. An Ordinance respecting Mimicipalities 672 71. An Ordinance respecting the Assessment of Railways 768 72. An Ordinance respecting Villages 770 73. An Ordinance respecting Local Improvement Districts 795 74. An Ordinance respecting Irrigation Districts 820 75. An Ordinance respecting Schools 848 TITLE X. Relating to Agriculture, Stocl-, Game, etc. 76. An Ordinance respecting Brands 898 77. An Ordinance respecting Fences 905 78. An Ordinance respecting Stallions and Bulls 908 79. An Ordinance respecting Pound Districts 913 80. An Ordinance respecting Estray Animals 926 81. An Ordinance respecting the Herding of Animals , 934 82. An Ordinance for the Protection of Sheep and other Animals from Dogs 947 83. An Ordinance respecting Stock injured by Railway Trains 948 84. An Ordinance respecting Noxious Weeds , 949 85. An Ordinance for the Protection of Game 953 VI TABLE OF CONTENTS TITLE XI. Relating to Protection of Person and Property. CHAPTER PAGE 86. An Ordinance to Prevent the Pollution of Running Streams. 961 87. An Ordinance for the Prevention of Prairie and Forest Fires 962 88. An Ordinance respecting the Construction of Chimneys 967 TITLE XII. Relating to Intoxicants. 89. An Ordinance respecting the Sale of Intoxicating Liquors and the Issue of Licenses Therefor 968 TITLE XIII. Miscellaneous. 90. An Ordinance respecting Insane Persons 1032 91. An Ordinance to Prevent Profanation of the Lord's Day 1035 92. An Ordinance respecting the use of Tobacco by Minors 1036 93. An Ordinance respecting the General Trust Corporation of Canada. . . 1037 PUBLIC GENERAL ORDINANCES. Enacted after 1898. 94. An Ordinance to Declare and Amend the Law of Partnership (c. 7, 1899) 1039 95. An Ordinance respecting the Inspection of Stock (c. 19, 1899) 1054 96. An Ordinance respecting the Remission of Certain Penalties (c. 9, 1900) 1058 97. An Ordinance respecting Assignments for the General Benefit of Creditors (c. 11, 1900) 1059 98. An Ordinance to secure Compensation to Workmen (c. 13, 1900) 1060 99. An Ordinance to Legalize certain Municipal Grants for Patriotic Purposes (c. 24, 1900) '. 1061 100. An Ordinance for Expediting the Decision of Constitutional and other Legal Questions (c. 11, 1901) 1062 101. An Ordinance respecting the Devolution of Estates (c. 13, 1901) 1063 102. An Ordinance respecting Official Auditors (c. 15, 1901) 1064 103. An Ordinance respecting Water, Gas, Electric and Telephone Com- panies (c. 21, 1901) 1065 104. An Ordinance respecting the Exemption from Taxation of Beet Sugar Factories (c. 24, 1901) 1071 105. An Ordinance respecting Assessment and Taxation in School Districts (c. 31, 1901) 1072 106. An Ordinance to regulate Public Aid to Schools (c. 31, 1901) 1110 107. An Ordinance for the Protection of useful Birds (c. 11, 1902) 1115 108. An Ordinance respecting Drainage (c. 6, 1903, 1st session) 1116 109. An Ordinance respecting the Confirmation of Sales of Land for Taxes (c. 12, 1901) ^ 1123 110. An Ordinance respecting Hail Insurance (c. 7, 1903, 1st session) 1125 111. An Ordinance respecting the voluntary Winding Up of Joint Stock Companies (c. 13, 1903, 1st session) 1130 112. An Ordinance respecting Trust Companies (c. 15, 1903, 1st session). . 1147 TABLE OF CONTENTS Vll CHAPTER PAGE 113. An Ordinance to Secure Uniform Conditions in Policies of Fire Insurance (c. 16, 1903, 1st session) 1151 1 14. An Ordinance to amend Chapter 30 of the Ordinances of 1901, intituled "An Ordinance respecting Assessment and Taxation in School Districts'' (c. 21, 1903, 1st session) 1158 N.B. — This Chapter was inserted in error. Its provisions will be found consolidated in Chapter 105 115. An Ordinance to Protect Horse Breeders in the North- West Territories (c. 23, 1903, 1st session) 1160 116. An Ordinance to Provide for the payment of Succession Duties in Certain Cases (c. 5, 1903, 2nd session) 1164 117. An Ordinance respecting theAction for Seduction(c. 8, 1903,2nd session) 1175 118. An Ordinance respecting the Support' of Illegitimate Children (c. 9, 1903, 2nd session) 1176 119. An Ordinance respecting Trustees and Executors and the Administra- tion of Estates (c. 11, 1903, 2nd session) 1177 120. An Ordinance respecting Mutual Fire Insurance (c. 21, 1903, 2nd session) 1195 121. An Ordinance to Establish and Incorporate a Uni\ersity for the North-West Territories (c. 26, 1903, 2nd session) 1210 Index 1218 CHEONOLOGICAL TABLE OF THE ORDINANCES OF THE NORTH-WEST TERRITORIES Showing how the same have been affected by the Statutes of Alberta 1906 and 1907. LIST OF ABBREVIATIONS:— aff.— affecting; am.— amending; rep.— repealing. Year and Chapter of Ordinance SUBJECT MATTER Year and Chapter of Ordinance affecting, amending or repealing C. 0. 1905 Chap. 1 Interpretation 2 Legislative Assembly 3 Elections 4 Controverted Elections 5 Public Service 6 Department of Attorney General 7 Department of Territorial Secretary 8 Department of Agriculture 9 Department of Public Works 10 Treasury Department and Auditing 11 Public Printing 12 Public Inquiries 13 Security by Public Officers 14 Vital Statistics 15 Expropriation (repealed 1901, c. 4.) 16 Coal Mining Regulations 17 Steam BoUers Inspection 18 Ferries (repealed 1901, c. 4.) 19 PubUc Health 20 Hospitals 21 Judicature 22 Clerks 23 Sheriffs 24 Commissioners 25 Notaries Public 26 Creditors' Relief 27 Exemptions 28 Juries 29 Alimony 30 Slander 31 Limitation of Actions 32 Justices of the Peace 33 Constables 34 Distress 35 Arbitration 36 Investigation of Fires 37 Tenancy in Common 38 Religious Societies, Lands 39 Sales of Goods 40 Factors and Agents 41 Choses in Action 42 Preferential Assignments 43 Mortgages and Sales of Personal Property. 1906 4 rep. 6 rep. 7 rep. 8 rep. 10 rep. 5 rep. 9 rep. 26 rep. 23 rep. .40 am. 18 rep. 17 rep. 14 aff. 16 aff. 13 aff. 1907 6 am. '2'afl!' 14 rep. 12 rep. 5 am. 6 am. 22 am. 6 rep. 6 rep. 5 am. CHRONOLOGICAL TABLE Year and Chapter of Ordinance SUBJECT MATTER Year and Chapter of Ordinance affecting, amending or repeahng C. O. 1905 Chap. 44 Conditional Sales 45 Partnerships 46 Marriages 47 Married Women's Property 48 Compensation for Injuries 49 Insurance for Wife and Children 50 Masters and Servants 51 Legal Profession 52 Medical Profession 53 Dentistry 54 Chemists and Druggists 55 Veterinary Surgeons 56 Hotels and Boarding Houses 57 Livery Sales Stables 58 Auctioneers, Hawkers and Pedlers 59 Mechanics' Liens 60 Threshers' Liens 61 Companies 62 Changing Names of Companies (repealed 1901 c. 20, s. 150) : 63 Foreign Companies 64 Mining Companies (repealed 1901, c. 20, s. 150). . 65 Dairy Associations 66 Benevolent Societies 67 Mechanics Institutes 68 Cemeteries -. . 69 Agricultural Societies 70 Municipalities ■ . . 71 Assessment of Railways 72 Villages 73 Local Improvement Districts 74 Irrigation Districts 75 Schools 76 Brands 77 Fences 78 Entire Animals , . . 79 Pound Districts 80 Stray Animals 81 Herd Districts 82 Protection of Sheep 83 Stock injured by Railways 84 Noxious Weeds 85 Game 86'Pollution of Running Streams 87 Prairie Fires 88 Construction of Chimneys 89 Liquor Licenses 90 Insanity 91 92 93 94 95 96 97 1906 1907 20aff. 28aff. 22 aff. 57aff. 21 rep. 5 am. 5 am. 16 rep. 31 aff. 30 aff. 12 am. 11 am. 5 am. 5 am. 10 rep. 11 rep. 32 am. 34 am. 29 am. 33 am. 70 am. 15 rep. 14 rep. 99 100 101 102 103 104 105 106 Lord's Day Use of Tobacco by Minors General Trust Corporation of Canada Partnership Stock Inspection Remission of Penalties Assignments for the general benefit of Creditors. . Workmen's Compensation Confirming of Certain Patriotic Grants . . Expediting of Decision of Constitutional Question Devolution of Estates Official Auditors Water, Gas, Electric and Telephone '. . Exemption of Sugar Beet Factories School Assessment School Grants 9 am. 7 rep. 8 rep. 19 aff. CHRONOLOGICAL TABLE XI Year and Chapter of Ordinance SUBJECT MATTER Year and Chapter of Ordinance affecting, amending or repeahng CO. 1905 Chap. 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 Protection of Useful Birds Drainage Confirmation of Sales of Land for Taxes Hail Insurance Companies Winding Up Trust Companies Uniform Conditions in Policies of Fire Insurance Assessment and Taxation in School Districts. . . . Horse Breeders Succession Duties Seduction Support of Illegitimate Children. Trustees and Executions Mutual Fire Insurance University 1906 1907 14 rep. (This Chapter was in- cluded in error. Its provisions will be found consolidated in Chapter 105.) 4-5 EDWARD VII. CHAPTER 3. An Act to establish and provide for the Government of the Province of Alberta. (Assented to 20th July, 1905.) WHEREAS in and by The British North America Act, 1871, ^^ being chapter 28 of the Acts of the Parhament of the United Kingdom passed in the session thereof held in the 34th and 35th years of the reign of her late Majesty Queen Victoria, it is enacted that the Parliament of Canada may from time to time establish new provinces in any territories forming for the time being part of the Dominion of Canada, but not included in any province thereof, and may, at the time of such establishment, make provision for the constitution and administration of any such province, and for the passing of laws for the peace, order and good government of such Province and for its representation in the said Parhament of Canada; And whereas it is expedient to estabUsh as a province the territory hereinafter described, and to make provision for the government thereof and the representation thereof in the Par- hament of Canada: Therefore His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as foUows: — 1. .This Act may be cited as The Alberta Act. 2. The territories comprised within the foUowing boundaries, that is to say, — commencing at the intersection of the inter- national boundary dividing Canada from the United States of. America by the fourth meridian in the system of Dominion lands surveys: thence westerly along the said international boundary to the eastern boundary of the province of British Columbia; thence northerly along the said eastern boundary of the province of British Columbia to the north-east corner of the said province; thence easterly along the said parallel of the sixtieth degree of north latitude to the fourth meridian in the system of Dominion lands surveys as the same may be hereafter defined in accordance with the said system; thence southerly along the said fourth meridian to the point of commencement — is hereby established as a province of the Dominion of Canada, to be called and known as the province of Alberta. 3. The provisions of The British North America Acts, 1867 to 1886, shall apply to the province of Alberta in the same XIV ALBERTA ACT way and to the like extent as they apply to the provinces here- tofore comprised in the Dominion, as if the said province of Alberta had been one of the provinces originally united, except in so far as varied by this Act and except such provisions as are in terms made, or by reasonable intendment may be held to be, specially applicable to or only to affect one or more and not the whole of the said provinces. 4. The said province shall be represented in the Senate of Canada by four members: Provided that such representation may, after the completion of the next decennial census, be from time to time increased to six by the Parliament of Canada. 5. The said province and the province of Saskatchewan shall, until the termination of the Parliament of Canada existing at the time of the first readjustment hereinafter provided for, continue to be represented in the House of Commons as pro- vided by chapter 60 of the statutes of 1903, each of the electoral districts defined in that part of the schedule to the said Act which relates to the North- West Territories, whether such district is wholly in one of the said provinces, or partly in one and partly in the other of them, being represented by one member. 6. Upon the completion of the next quinquennial census for the said province, the representation thereof shall forthwith be readjusted by the Parliament of Canada in such a manner that there shall be assigned to the said province such a number of members as will bear the same proportion to the number of its population ascertained at such quinquennial census as the number sixty-five bears to the number of the population of Quebec as ascertained at the then last decennial census; and in the computation of the number of members for the said province a fractional part not exceeding one-half of the whole number requisite for entitling the province to a member shall be disregarded, and a fractional part exceeding one-half of that number shall be deemed equivalent to the whole number, and such readjustment shall take effect upon the termination of the Parliament then existing. 2. The representation of the said province shaU thereafter be readjusted from time to time according to the provisions of section 51 of The British North America Act, 1867. 7. Until the Parliament of Canada otherwise provides, the qualifications of voters for the election ef members of the House of Commons and the proceedings at and in connection with elections of such members shall, mutatis mutandis, be those prescribed by law at the time this Act comes into force with respect to such elections in the North- West Territories. 8. The Executive Council of the said province shall be com- posed of such persons, under such designatioas, as the Lieutenant Governor from time to time thinks fit. ALBERTA ACT XV 9. Unless and until the Lieutenant Governor in Council of the said province otherwise directs, by proclamation under the Great Seal, the seat of government of the said province shall be at Edmonton. 10. All powers, authorities and functions which under any law were before the coming into force of this Act vested in or exercisable by the Lieutenant Governor of the North-West Territories, with the advice, or with the advice and consent, of the Executive Council thereof, or in conjunction with that Coimcil or with any member or members thereof, or by the ^ said Lieutenant Governor individually, shall, so far as they are capable of being exercised after the coming into force of this Act in relation to the government of the said province, be vested in and shall or may be exercised by the Lieutenant Governor of the said province, with the advice or with the advice and consent of, or in conjunction with, the Executive Council of the said province or any member or members thereof, or by the Lieutenant Governor individually, as the case requires, subject nevertheless to be abolished or altered by the legislature of the said province. 11. The Lieutenant Governor in Council shall, as soon as may be after this Act comes into force, adopt and provide a Great Seal of the said province, and may, from time to time, change such seal. 13. There shall be a legislature for the said province con- sisting of the Lieutenant Governor and one house, to be styled the Legislative Assembly of Alberta. 13. Until the said Legislature otherwise provides, the Legislative Assembly shall be composed of twenty-five members to be elected to represent the electoral divisions defined in the Schedule to this Act. 14. Until the said Legislature otherwise determines, all the provisions of the law with regard to the constitution of the Legislative Assembly of the North- West Territories and the election of members thereof shall apply, mutatis mutandis, to the Legislative Assembly of the said province and the elections of members thereof respectively. 15. The writs for the election of the members of the first Legislative Assembly of the said province shall be issued by the Lieutenant Governor and made returnable within six months after this Act comes into force. 16. All laws and all orders and regulations made there- under, so far as they are not inconsistent with anything con- tained in this Act, or as to which this Act contains no provision intended as a substitute therefor, and all courts of civil and XVI ALBERTA ACT criminal jurisdiction, and all commissions, powers, authorities and functions, and all officers and functionaries, judicial, administrative and ministerial, existing immediately before the coming into force of this Act in the territory hereby estab- lished as the province of Alberta, shall continue in the said province as if this Act and The Saskatchewan Act had not been passed; subject nevertheless, except with respect to such as are enacted by Or existing under Acts of the Parliament of Great Britain, or of the ParUament of the United Kingdom of Great Britain and Ireland, to be repealed, abohshed or altered by the Parliament of Canada, or by the legislature of the said province, according to the authority of the ParUament or of the said legislature: Provided that all powers, authorities and functions which under any law, order or regulation were, before the coming into force of this Act, vested in or exercis- able by any public officer or functionary of the North-West Territories shall be vested in and exercisable in and for the said province by Uke pubhc officers and functionaries of the said province when appointed by competent authority. 2. The legislature of the province may, for all purposes affecting or extending to the said province, abolish the Supreme Court of the North- West Territories, and the offices both judi- cial and ministerial thereof, and the jurisdiction, powers and authority belonging or incident to the said court: Provided that, if, upon such abolition, the Legislature constitutes a superior court of criminal jurisdiction, the procedure in criminal matters then obtaining in respect of the Supreme Court of the North- West Territories shall, until otherwise provided by competent authority, continue to apply to such superior court, and that the Governor in Council may at any time and from time to time declare all or any part of such procedure to be inappUcable to such superior court. 3. All societies or associations incorporated by or under the authority of the legislature of the North- West Territories ex- isting at the time of the coming into force of this Act which include within their objects the regulation of the practice of, or the right to practise, any profession or trade in the North- West Territories, such as the legal or the medical profession, dentistry, pharmaceutical chemistry and the Hke, shall con- tinue, subject, however, to be dissolved and abohshed by order of the Governor in Council, and each of such societies shall have power to arrange for and effect the payment of its debts and habilities, and the division, disposition or transfer of its property. 4. Every joint stock company lawfully incorporated by or under the authority of any ordinance of the North- West Ter- ritories shaU be subject to the legislative authority of the Province of Alberta if — (a) The head office or the registered office of such company is at the time of the coming into force of this Act situate in the Province of Alberta; and ALBERTA ACT XVU (b) The powers and objects of such company are such as might be conferred by the legislature of the said province and not expressly authorized to be executed in any part of the North- West Territories beyond the limits of the said province. 17. Section 93 of The British North America Act, 1867, shall apply to the said province, with the substitution for paragraph (1) of the said section 93, of the following paragraph: — " (1) Nothing in any such law shall prejudicially affect any right or privilege with respect to the separate schools which any class of persons have at the date of the passing of this Act, under the terms of chapters 29 and 30 of the Ordinances of the North- West Territories, passed in the year 1901, or with respect to religious instruction in any public or separate school as provided for in the said ordinances." 2. In the appropriation by the Legislature or distribution by the Government of the province of any moneys for the support of schools organized and carried on in accordance with the said chapter 29, or any Act p'assed in amendment thereof or in substitution therefor, there shall be no discrimination against schools of any class described in the said chapter 29. 3. Where the expression "by law" is employed in paragi-aph (3) of the said section 93, it shall be held to mean the law as set out in the said chapters 29 and 30; and where the expression "at the union," is employed, in the said paragraph (3), it shall be held to mean the date at which this Act comes into force. 18.. The following amounts shall be allowed as an annual subsidy to the Province of Alberta, and shall be paid by the Government of Canada, by half yearly instalments in advance, to the said province, that is to say: — (a) For the support of the Government and Legislature, fifty thousand dollars; (&) On an estimated population of two hundred and fifty thousand, at eighty cents per head, two hundred thousand dollars, subject to be increased as hereinafter mentioned, that is to say : — a census of the said province shall be taken in every fifth year reckoning from the general census of one thousand nine hundred and one, and an approximate estimate of the population shall be made at equal intervals of time between each, quinquennial and decennial census; and whenever the population by any such census or estimate, exceeds two hundred and fifty thousand, which shall be the minimum on which the said allow- ance shall be calculated, the amount of the said allowance shall be increased accordingly, and so on until the population has reached eight hundred thousand souLs. 19. Inasmuch as the said province is not in debt, it shall be entitled to be paid and to receive from the Government of XVUl ALBERTA ACT Canada, by half-yearly payments in advance, an annual sum of four hundred and five thousand three hundred and seventy- five dollars, being the equivalent of interest at the rate of five per cent, per annum on the sum of eight million one hundred and seven thousand five hundred dollars. 30. Inasmuch as the said province will not have the public land as the source of revenue, there shall be paid by Canada to the province by half-yearly payments, in advance, an annual sum based upon the population of the province as from time to time ascertained by the quinquennial census thereof, as follows : — The population of the said province being assumed to be at present two hundred and fifty thousand, the sum payable until such population reaches four hundred thousand, shall be three hundred and seventy thousand dollars; Thereafter, until such population reaches eight hundred thousand, the sum paj^able shall be five hundred and sixty-two thousand five hundred dollars; Thereafter, until such population reaches one million two hundred thousand, the sum payable shall be seven hundred and fifty thousand dollars; And thereafter the sum payable shall be one million one hundred and twenty-five thousand dollars. 2. As an additional allowance in lieu of public lands, there shall be paid by Canada to the province annually by half-yearly payments, in advance, for five years from the time this Act comes into force, to provide for the construction of necessary public buildings, the sum of ninety-three thousand seven hundred and fifty dollars. 31. All Crown lands, mines and minerals and royalties incident thereto, and the interest of the Crown in the waters within the province under The North-West Irrigation Act, 1898, shall continue to be vested in the Crown and administered by the Government of Canada for the purposes of Canada, subject to the provisions of any Act of the ParUament of Canada with respect to road allowances and roads or trails in force immediately before the coming into force of this Act, which shall apply to the said province with the substitution therein of the said province for the North- West Territories. 33. All properties and assets of the North- West Territories shall_ be divided equally between the said province and the province of Saskatchewan, and the two provinces shall be jointly and equally responsible for all debts and liabilities of the North- West Territories : Provided that, if any difference arises as to the division and adjustment of such properties, assets, debts and liabilities, such difference shall be referred to the arbitrament of three arbitrators, one of whom shall be chosen by the Lieutenant Governor in Council of each province and the .A.LBERTA ACT XIX third by the Governor in Council. The selection of such arbi- trators shall not be made until the legislatures of the provinces have rnet, and the arbitrator chosen by Canada shall not be resident of either province. 33. Nothing in this Act shall in any way prejudice or affect the rights or properties of the Hudson's Bay Company as con- tained in the conditions under which that company surrendered Rupert's Land to the Crown. 34. The powers hereby granted to the said province shall be exercised subject to the provisions of section 16 of the con- tract set forth in the schedule to chapter 1 of the statutes of 1881, being an Act respecting the Canadian Pacific Railway Company. 35. This Act shall come into force on the first day of Sep- tember, one thousand nine hundred and five. SCHEDULE. {Section 13.) The province of Alberta shall be divided into twenty-five electoral divisions which shall respectively comprise and consist of the parts and portions of the province hereinafter described. In the following descriptions where "meridians between ranges" and "boundaries of townships" or "boundaries of sections" are referred to as the boundaries of electoral divisions, these expressions mean the meridians, boundaries of townships or boundaries of sections, as the case may be, in accordance with the Dominion Lands system of surveys, and include the extension thereof in accordance with the said system. Names and Descriptions of Divisions. (1) The electoral division of Medicine Hat, bounded as follows : — Commencing at the intersection of the eastern boundary of the said province of Alberta by the north boundary of the 38th township; thence westerly along the north boundary of the 38th townships to the meridian between the 10th and 11th ranges, west of the 4th meridian; thence southerly along the meridian between the 10th and 11th ranges to the southern boundary of the said province of Alberta; thence easterly along the said southern boundary of the province of Alberta to the southeast corner thereof; thence northerly along the eastern boundary of the said province of Alberta to the point of commencement. XX ALBERTA ACT (2) The electoral division of Cardston, bounded as follows : — Commencing at the southern boundary of the said province of Alberta where it is intersected by the meridian between the 10th and 11th ranges, west of the 4th meridian; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of the 5th township; thence westerly along the north boundary of the 5th township to the St. Mary river; thence along the St. Mary river up stream to the south boundary of the Blood Indian Reserve; thence westerly along the said south boundary of the Blood Indian Reserve to the meridian between the 27th and 28th ranges west of the 4th meridian; thence southerly along the said meridian between the 27th and 28th ranges to the north boundary of the 2nd township; thence westerly along the north boundary of the 2nd townships to the meridian between the 29th and 30th ranges west of the 4th meridian; thence southerly along the said meridian between the 29th and 30th ranges to the southern shore of the Waterton Lakes; thence in a westerly and southerly direction and following the southerly and eastern shores of the said Waterton Lakes to the southern boimdary of the said province of Alberta; thence easterly along the said southern boundary of the province of Alberta to the point of commencement. (3) The electoral division of Lethbridge, bounded as follows : — Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 5th township; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of the 14th township; thence westerly along the north boundary of the 14th townships to the Bow river; thence along the Bow river up stream to the north boundary of the 19th township; thence westerly along the north boundary of the 19th townships to the meridian between the 22nd and 23rd ranges, west of the 4th meridian; thence south- erly along the said meridian between the 22nd and 23rd ranges to the Belly river; thence along the Belly river down stream to the St. Mary river; thence along the St. Mary river up stream to the north boundary of the 5th township, thence easterly along the north boundary of the 5th townships to the point of com- mencement. (4) The electoral division of Macleod, bounded -as follows : — Commencing at the south boundary of the Blood Indian Reserve where it is intersected by the St. Mary river; thence along the said St. Mary river down stream to the Belly river; thence along the said Belly river up stream to its most northerly intersection with the meridian between the 22nd and 23rd ranges, west of the 4th meridian; thence northerly along the said meridian between the 22nd and 23rd ranges to the north boundary of the 14th township; thence westerly along the north ALBERTA ACT XXI boundary of the 14th townships to the western boundary of the province of Alberta; thence in a southerly direction and along the said western boundary of the province of Alberta to the north boundary of the 11th township; thence easterly along the said north boundary of the 11th township to the 5th mer- idian; thence southerly along the said 5th meridian to the north boundary of the 10th township; thence easterly along the said north boundary of the 10th township to the meridian between the 29th and 30th ranges, west of the 4th meridian; thence southerly along the said meridian between the 29th and 30th ranges to the north boundary of the 8th township; thence easterly along the said north boundary of the 8th township to the west boundary of the Peigan Indian Reserve; thence southerly along the west boundary of the Peigan Indian Re- serve to the south-west corner of the said Peigan Indian Re- serve; thence easterly along the south boundary of the said Peigan Indian Reserve to the south-east corner of the said Reserve; thence in a straight line south-easterly to the north- east corner of section 14 in the 6th township in the 27th range, west of the 4th meridian; thence along the north boundary of section 13 in the said 6th township and in the 27th range to the meridian between the 26th and 27th ranges west of the 4th meridian; thence southerly along the said rneridian between the 26th and 27th ranges to the Belly river; thence along the Belly river up stream to the south boundary of the said Blood Indian Reserve; thence easterly along the said south boundary of the Blood Indian Reserve, to the point of commencement. (5) The electoral division of Pincher Creek, bounded as follows : — Commencing at the southern boundary of the said province of Alberta, where it is intersected by the eastern shore of the Waterton Lakes, thence northerly and easterly and along the said eastern shores and the southern shores of the Waterton Lakes to the meridian between the 29th and 30th ranges west of the 4th meridian; thence northerly along the said meridian between the 29th and 30th ranges to the north boundary of the 2nd township; thence easterly along the said north boundary of the 2nd townships to the meridian between the 27th and 28th ranges west of the 4th meridian; thence northerly along the said meridian between the 27th and 28th ranges to the south boundary of the Blood Indian Reserve; thence westerly along the said south boundai-y of the Blood Indian Reserve to the Belly river; thence along the said Belly river down stream to the meridian between the 26th and 27th ranges west of the 4th meridian; thence northerly along the said meridian between the 26th and 27th ranges to the north-east corner of section 13 in the 6th township in the said 27th range; thence westerly along the north boundary of the said section 13 to the north-east corner of section 14 in the said 6th town- ship in the 27th range; thence in a straight line north-westerly to the south-east corner of the Peigan Indian Reserve; XXU ALBERTA ACT thence westerly along the south boundary of the said Peigan Indian Reserve to the southwest corner of the said Indian Reserve; thence northerly along the west boundary of the said Indian Reserve to the north boundary of the 8th township; thence westerly along the said north boundary of the 8th town- ships to the meridian between the 29th and 30th ranges west of the 4th meridian; thence northerly along the said meridian between the 29th and 30th ranges to the north boundary of the 10th township; thence westerly along the said north boundary of the 10th township to the 5th meridian; thence northerly along the said 5th meridian to the north boundary of the 11th township; thence westerly along the said north boundary of the 11th townships to the western boundary of the said province of Alberta; thence in a southerly direction and along the said western boundary of the province of Alberta to the southern boundary of the said province of Alberta; thence easterly along the said southern boundary of the province of Alberta to the point of commencement. (6) The electoral division of Gleichen, boimded as follows : — Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the northern boundary of the 14th township; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of the 28th township; thence westerly along the said north boundary of the 28th townships to the meridian between the 2nd and 3rd ranges, west of the 5th meridian; thence southerly along the said meridian between the 2nd and 3rd ranges, to the north boundary of the 22nd township; thence easterly along the said north boundary of the 22nd townships to Bow river; thence along the said Bow river down stream to the north boundary of the 14th township; thence easterly along the said north boundary of the 14th townships to the point of commencement. Excepting and reserving out of the said electoral division the city of Calgary, as incorporated by ordinances of the North-West Territories. (7) The electoral division of Calgary City, comprising the city of Calgary as incorporated by ordinance of the North- West Territories. (8) The electoral division of Rosebud, bounded as follows: — Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 28th township; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of the 33rd township; thence westerly along the said north boundary of the 33rd townships to the western boundary of the province of Alberta; thence in a southerly direction and along the said western boundary of the province of Alberta to the north boimdary of the 28th township; ALBERTA ACT XXlll thence easterly along the said north boundary of the 28th townships to the point of commencement. (9) The electoral division of High River, bounded as follows — Commencing at the meridian between the 22nd and 23rd ranges, west of the 4th meridian, where it is intersected by the north boundary of the 14th township; thence northerly along the said meridian between the 22nd and 23rd ranges to the north boundary of the 19th township; thence easterly along the said north boundary of the 19th townships to the Bow river; thence along the said Bow river up stream to the north boundary of the 22nd township; thence westerly along the said north boundary of the 22nd townships to the western boundary of the province of Alberta; thence in a southerly direction and along the said western boundary of the province of Alberta to the north boundary of the 14th township; thence easterly along the said north boundary of the 14th townships to the point of commencement. (10) The electoral division of Banff, bounded as follows: — Commencing at the meridian between the 2nd and 3rd ranges, west of the 5th meridian, where it is intersected by the north boundary of the 22nd township; thence northerly along the said meridian between the 2nd and 3rd ranges to the north boundary of the 28th township; thence westerly along the said north boundary of the 28th townships to the western boundary of the province of Alberta; thence in a south- erly direction and along the said western boundary of the province of Alberta to the rujrth boundary of the 22nd town- ship; thence easterly along the said north boundary of the 22nd townships to the point of commencement. (11) The electoral division of Innisfail, bounded as 'oUows : — Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 33rd township; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of section twenty-four in the 36th town- ship; thence westerly along the section line which bounds on the north the section comprising the most southerly two-thirds of the 36th townships to the Red Deer river, in the 28th range, west of the 4th meridian; thence along the said Red Deer river down stream to the north boundary of section twenty-two, in the 37th township; thence westerly along the section line which bounds on the north the sections comprising the most southerly two-thirds of the 37th townships to the western boundary of the province of Alberta; thence in a southerly direction and along the said western boundary of the province of Alberta to the north boundary of the 33rd township; thence easterly along the north boundary of the 33rd townships to the point of commencement. XXIV ALBERTA ACT (12) The electoral division of Red Deer, bounded as follows :— Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north boundary of section 24, in the 36th township; thence northerly along the said meridian between the 10th and 11th ranges to the said north boundary of the 38th township; thence westerly along the said north boundary of the 38th townships to where the said north boundary of the 38th townships is intersected by the Red Deer river in the 26th range, west of the 4th meridian; thence along the said Red Deer river up stream to the Bhndman river; thence along the said Blindman river up stream to the north boundary of the 39th township; thence westerly along the said north boundary of the 39th townships to the North Saskatchewan river; thence along the North Saskatchewan river up stream to the section line which bounds on the north the sections comprising the most southerly two-thirds of the 37th townships; thence easterly along the said section line which bounds on the north the sections com- prising the most southerly two-thirds of the 37th townships to the Red Deer river; thence along the Red Deer river up stream to the north boundary of section twenty, in the 36th township; thence easterly along the section line which bounds on the north the sections comprising the most southerly two- thirds of the said 36th townships to the point of commencement. (13) The electoral division of Vermilion, bounded as follows : — Commencing at the eastern boundary of the province of Alberta where it is intersected by the north boundary of the 38th township ; thence northerly algng the said eastern boundary of the province of Alberta to the North Saskatchewan river; thence along the North Saskatchewan river up stream to the meridian between the 10th and 11th ranges, west of the 4th meridian; thence southerly along the said meridian between the 10th and 11th ranges to the north boundary of the 54th township; thence westerly along the said north boundary of the 54th townships to the meridian between the 19th and 20th ranges, west of the 4th meridian; thence southerly along the said meridian between the 19th and 20th ranges to the north boundary of section twenty-four, in the 47th township; thence easterly along the section hne which bounds on the north the sections comprising the most southerly two-thirds of the 47th townships to the meridian between the 10th and 11th ranges, west of the 4th meridian; thence southerly along the said meridian between the 10th and 11th ranges to the north boundary of the 38th township; thence easterly along the said north boundary of the 38th townships to the point of commencement. (14) The electoral division of Lacombe, bounded as follows: — Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the ALBERTA ACT XXV north boundary of the 38th township; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of the 41st township ; thence westerly along the said north boundary of the 41st townships to the North Saskatchewan river; thence along the said North Saskatche- wan river up stream to the north boundary of the 39th town- ship; thence easterly along the said north boundary of the 39th townships to the Blindman river; thence along the said Blindman river down stream to the Red Deer river; thence along the said Red Deer river down stream to the north boundary of the 38th township; thence easter'.y along the said north boundary of the 38th townships to the point of commencement. (15) The electoral division of Ponoka, bounded as follows: — Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 41st township; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of the 44th township; thence westerly along the north boundary of the 44th townships to the North Saskat- chewan river; thence along the said North Saskatchewan river up stream to the north boundary of the 41st township; thence easterly along the said north boundary of the 41st townships to the point of commencement. (16) The electoral division of Wetaskiwin, bounded as follows : — Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 44th township; thence northerly along the said meridian between the 10th and 11th ranges to the section line which bounds on the north the sections comprising the most southerly two-thirds of the 47th township; thence westerly along the said section line which bounds on the north the sections comprising the most southerly two-thirds of the 47th townships to the North Saskatchewan river; thence along the said North Saskatchewan river up stream to the north boundary of the 44th township; thence easterly along the said north boundary of the 44th townships to the point of commencement. (17) The electoral division of Leduc, bounded as follows : — Commencing at the meridian between the 19th and 20th ranges, west of the 4th meridian, where it is intersected by the section line which bounds on the north the sections com- prising the most southerly two-thirds of the 47th townships; thence northerly along the said meridian between the 19th and 20th ranges to the north boundary of the 50th township; thence westerly along the said north boundary of the 50th townships to where the said north boundary of the 50th townships first intersects the North Saskatchewan river; thence along the North Saskatchewan river up stream to the section line XXVI ALBERTA ACT which bounds on the north the sections comprising the most southerly two-thu-ds of the 47th township; thence easterly along the said section line which bounds on the north the sections comprising the most southerly two-thirds, of the 47th town- ships to the point of commencement. (18) The electoral division of Strathcona, bounded as follows — Commencing at the meridian between the 19th and 20th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 50th township; thence northerly along the said meridian between the 19th and 20th ranges to the north boimdary of the 53rd township; thence westerly along the said north boundary of the 53rd townships to the North Saskatchewan river; thence along, the said North Saskatchewan river up stream to the north boundary of the 50th township; thence easterly along the said north boundary of the 50th townships to the point of commencement. (19) ThC' electoral division of Stoney Plain, bounded as follows : — Commencing at the meridian between the 24th and 25th ranges, west of the 4th ' meridian, where it is intersected by the north boundary of the 53rd township; thence westerly along the said north boundary of the 53rd township to the rear line of lots fronting on the east side of the Sturgeon river' in the Saint Albert Settlement; thence in a southerly and westerly direction and along the said rear line to Big Lake; thence in a westerly direction and along the southerly, westerly and northerly shores of Big. Lake to the sOuth-west corner of lot D in the Saint Albert Settlement; thence. westerly and along the southerly limit of lots E,F, G, H and I in the said Saint Albert Settlement to the south-east corner of the Indian Reserve Chief Michel Calahoo; thence westerly along the south boundary of the said Indian Reserve to the south west corner thereof; thence northerly along- the west boundary of the said Indian Reserve to the north boundary of the 54th township; thence- westerly along the said north boundary of the 54th townships to the 5th meridian; thence northerly along the said 5th meridian to the south boundary of the Indian Reserve Chief Alexander; thence westerly along the south boundary of the Indian Reserve Chief Alexander to the south-west corner of the said Reserve; thence northerly along the west boundary of the said Reserve Chief Alexander to the north boundary of the 55th township; thence westerly along the north boundary of the 55th town- ships to the western boundary of the province of Alberta; thence in a southerly direction and along the said western boundary of the province of Alberta to the section line which forms the north, boundary of the sections cohaprising the most southerly two-thirds of the 37th township; thence easterly along the said section line which forms the north boundary of the sections comprising the most southerly two-thirds of ALBERTA ACT XXVU the 37th townships to the North Saskatchewan river; thence along the said North Saskatchewan river down stream to its most northerly intersection with the meridian between the 24th and 25th ranges west of the 4th meridian; thence northerly along the said meridian between the 24th and 25th ranges to the point of commencement. (20) The electoral division of Edmonton City, comprising the city of Edmonton as incorporated by ordinance of the North- West Territories. (21) The electoral division of Victoria^ bounded as follows : — • Commencing at the 4th meridian where it is intersected by the North Saskatchewan river; thence northerly along the said 4th meridian to the north boundary of the70th township; thence westerly along the said north boundary of the 70th townships to the meridian between the ■ 10th and 11th ranges west of the 4th meridian ; thence southerly along the said meridian between the 10th and 11th ranges to the north boundary of the 58th township; thence westerly along the said north boundary of the 58th townships to the North Saskatchewan river; thence along the said North Saskatchewan river up stream to the north boundary of the 53rd township; thence easterly along the said north boundary of the 53rd township to the meri- dian between the 19th and 20th ranges, west of the 4th meridian; thence northerly along the said meridian between the 19th and 20th ranges to the north boundary of the 54th township; thence easterly along the said north boundary of the 54th townships to the meridian between the 10th and 11th ranges, west of the 4th meridian; thence northerly along the said meridian between the 10th and 11th ranges to the North Sas- katchewan river; thence along the said North Saskatchewan river down stream to the point of commencement. (22) The electoral division of Sturgeon; bounded as follows : — Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 58th township; thence northerly along the said meridian between the- 10th and 11th ranges to the north boundary of the 70th township; thence westerly along the said north boundary of the 70th townships to the meridian between the 24th and 25th ranges, west of the 4th meridian; thence seutherly along the said meridian between the 24th and 25th ranges to the North Saskatchewan- river; thence along the said North Saskatchewan river down stream to the north boundary of the 58th township; thence easterly along the said north boundary of the 58th townships to the point of com- mencement. Excepting and reserving out of the said electoral division the city of Edmonton as incorporated by ordinance of the North- West Territories. XXVUl ALBERTA ACT (23) The electoral division of Saint Albert, bounded as follows : — Commencing at the meridian between the 24th and 25th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 53rd township; thence northerly along the said meridian between the 24th and 25th ranges west of the 4th meridian to the north boundary of the 70th township; thence westerly along the said north boundary of the 70th townships to the western boundary of the province of Alberta; thence in a southerly direction and along the said western boundar)' of the province of Alberta to the north boundary of the 55th township; thence easterly along the said north bound- ary of the 55th township to the Indian Reserve Chief Alex- ander; thence southerly along the western boundary of the said Indian Reserve Chief Alexander to the south-west corner of the said reserve; thence easterly along the south boundary of the said Indian Reserve Chief Alexander to the 5th meridian; thence southerly along the said 5th meridian to the north boundary of the 54th township; thence easterly along the said north boundary of the 54th township to the west boundary of the Indian Reserve Chief Michel Calahoo; thence southerly along the west boundary of the said Indian Reserve Chief Michel Calahoo to the south-west corner thereof; thence east- erly along the south boundary of the said Indian Reserve Chief ijichel Calahoo to the south-east corner thereof; thence in an easterly direction and along the southern limit of lots I, H, G, F a-nd E, in the Saint Albert Settlement to the south-west corner of lot D in the said Settlement; thence along the westerly and southerly shores of Big Lake in a westerly, southerly and easterly direction to the rear line of lot 55 in the said Saint Albert Settement; thence in an easterly direction and along the rear line of lots fronting on the east side of the Sturgeon river in the said Saint Albert Settlement to the north boundary of the 53rd township; thence easterly along the north boundary of the 53rd township to the point of commencement. (24) The electoral division of Peace River, bounded as f ol ows : — Commencing at the meridian between the 19 th and 20th ranges, west of the 5th meridian, where it is intersected by the north boundary of the 70th township; thence northerly along the said meridian between the 19th and 20th ranges to the north boundary of the 80th township; thence easterly along the said north boundary of the 80th townships to the meridian between the 13th and 14th ranges, west of the 5th meridian; thence northerly along the said meridian between the 13th and 14th ranges to the north boundary of the 92nd township; thence easterly along the said north boundary of the 92nd townships to the meridian between the 20th and 21st ranges, west of the 4th meridian; thence northerly along the said meri- dian between the 20th and 21st ranges to the northern boundary of the province of Alberta; thence westerly along the said ALBERTA ACT XXIX northern boundary of the province of Alberta to the north-west corner of the said province; thence in a southerly direction and along the western boundary of the said province of Alberta to the north boundary of the 70th township; thence easterly along the said north boundary of the 70th townships to the point of commencement. (25) The electoral division of Athabasca, bounded as follows : — Commencing at the eastern boundary of the province of Alberta where it is intersected by the north boundary of the 70th township; thence northerly along the said eastern boundary of the province of Alberta to the northern boundary of the said province; thence westerly along the said northern boundary of the province of Alberta to the meridian between the 20th and 21st ranges, west of the 4th meridian; thence southerly along the said meridian between the 20th and 21st ranges to the north boundary of the 92nd township; thence westerly along the said north boundary of the 92ud townships to the meridian between the 13th and 14th ranges, west of the 5th meridian; thence southerly along the said meridian between the 13th and 14th ranges, west of the 5th meridian to the north boundary of the 80th township; thence westerly along the said north boundary of the 80th townships to the meridian between the 19th and 20th ranges, west of the 5th meridian; thence southerly along the said meridian between- the 19th and 20th ranges to the north boundary of the 70th township; thence easterly along the said north boundary of the 70th townships to the point of commencement. EEEATA. LEGISLATIVE ASSEMBLY. Page 13. — Section la, line 1, for. "person" read "persons." Page 35. — Insert: "SCHEDULE 2. "FORM A. "The e\'idence you shall give on this examination shall be the truth, the. whole truth, and nothing but the truth. So help me God. "FORM B. "You do solemnly, sincerely and truly affirm and declare that the evidence you shall give on this examination shall be the truth, the whole truth, and nothing but the truth. " CONTROVERTED ELECTIONS. Page 90. — Section 16, for Une 2 read " petitioner may apply to the judge to appoint a time and place for." JUDICATURE. Page 259.— Rule 207, line 2, for "produced" read "produce." Page 263.— Rule 229, Une 4, for "as" read "he." Page 285.— Rule 348,- marginal note, for "eay" read "may." Page 286.— Rule 352, line 1, for "quercle" read "querela." EXEMPTIONS. Page 381.— In last line for "1901, c. 6, s. 1," read "1901, c. 16, s. 1." V ;', . , . ■ MEDICAL PROFESSION. Page 500. — Section 37, interchange lines 12 and 13. XXXU ■ ERRATA MUNICIPAL ACT. Page 674. — Insert as section 8 (a): "Subject to the provisions of this Ordinance the Lieutenant Governor in Council may, from time to time, by Order in Council — "1. Sever any portion of the . Territories forming part of a municipality from such municipality; "2. Annex to any municipality any outlying area forming one continuous area with such municipality; "3. Settle and adjust any rights, labilities or matters which in consequence of the exercise of an^ of the foregoing powers, require to be adjusted. " (2) Every such order shall bw published in the Gazette, and shall take effect according to ios tenor. " (3) A municipality shall not be severed unless a petition of the council of the municipality and of a majority of the resident ratepayers of the portion proposed to be severed have been presented to the Lieutenant Governor in Council, nor shall any area be annexed to any municipality unless a petition of the council of the municipality and of the majority of the owners of land in the area proposed to be annexed have been presented to the Lieutenant Governor in Council." (See 1904, chapter 6, section 5.) Page 717. — ^After clause 11, section 121, insert " 12 (repealed)." Page 742. — In the tenth line of section 213, strike out tne word "assessable," and substitute therefor the word "rateable." (See 1904, chap. 6, sec. 1.) Page 743.— Strike out section 218. (See 1904, chap. 6, sec. 3.) Page 744. — Insert as section 218 (a): "Any by-law to be passed for contracting a debt by borrowing money for any purpose may provide if the municipal coimcil sees fit — "(a) For the repayment of the principal of the debt, and interest in equal aggregate yearly sums, during the currency of the period, within which the debt is to be discharged, or during the years in which principal is payable; or "(6) For the repayment of the principal of such debt by equal annual instalments or principal during the years in which principal is payable, and in such case the municipal council shall issue one or more of the debentures or the municipal corporation for the amounts and payable at the times corres- ponding with such instalments of principal and such of each debentures shall have coupons attached for payment of the interest annually, or semi-annually, as the by-law may provide, on the principal sum secured by such debenture during the currency thereof." (See 1904, chap. 6, section 3.) ERRATA XXXIU Insert as section 218 {b) : "The powers conferred by this Ordinance are not to be accounted as diminishing the powers now possessed by any municipal corporation under any existing Ordinance." (See 1904, chap. 6, section 4.) Page 767. — Insert: "FORM H. (Section 82j). "I, A. B., hereby declare that I am of the full age of twenty- one years, and have ownefl or occupied land situate within the limits of the town M: ' for a period of at least^three Snonths, immediately prior to the date of this election. 9'' It' Voter. Returning OfHccir. (See 1901, chap. 23, section 19.) tb SCHOOL ASSESSMENT. Page 1158. — Chapter 114 was included in error. Its provisions r . \yLll be found consolidated in chapter 186. f V, Note. — Amendments are inserted in brackets, thus: [ ]. THE CONSOLIDATED ORDINANCES OF THE North/ West Territories of 1898 And Amendments TITLE I. PRELIMINARY CHAPTER 1. An Ordinance respecting the Form and Interpretation of Ordinances. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories en- acts as follows : SHOKT TITLE. 1. This Ordinance may be cited as " The Interpretation Or- Short title dinance." CO. c. 1, s. 1. THE CONSOLIDATED ORDINANCES— CITATION. 2. This Ordinance and following series of Ordinances shall what constitute and may be cited for all purposes as " The Consoli- consoHdated dated Ordinances of the Territories 1898" and any chapter of Ordinances the said consolidated Ordinances may be cited and referred to for all purposes whatever either by its title as an Ordinance or by its short title or by using the expression " The Ordinance (or The Consolidated Ordinance) respecting " (adding the remainder of the title given at the beginning of the par- 1 Cap. 1 INTEHPEETATION. S. ticular chapter) or by using the expression " The Consolidated Ordinances" or " The Consolidated Ordinances of the Territor- ies" together with a reference to the number of the particular chapter in the copies printed by authority. C.O. c. 1, s. 2. APPLICATION. Application of this Ordinance 3. This Ordinance and every provision thereof shall extend and apply to every Ordinance of the Territories now or here- after passed except in so far as the provision is inconsistent with the intent and object of such Ordinance or the interpreta- tion which such provision would give to any word, expression or clause is inconsistent with the context and except in so far as any pro'^Tision hereof is in any such Ordinance declared not applicable thereto; and the omission in any Ordinance of a declaration that The Interpretation Ordinance applies thereto shall not be construed to prevent it so applying although such express declaration is inserted in some other Ordinar.ce or Or- dinances of the same session. C.O, c. 1, s. 3. FORM OF ENACTING. Form of enacting: clause 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 Governor by and with " the advice and consent of the Legislative Assembly of the " Territories enacts as follows." CO., c. 1, s. 4. Preamble and operative part of Ordinances 6. After the insortion of the words aforesaid, which shall follow the setting forth (if any) of the considerations or reasons upon which the law is grounded and which shall with these considerations or reasons constitute the entire preamble, the various clauses of the Ordinance shall follow in a concise and enunciative form. C.O. c. 1, s. 5. TIME OF COMMENCEMENT OF ORDINANCES. Indorsement of assent 6. The clerk of the Legislative Assembly shall indorse on every Ordinance of the Territories immediately af tet-the- titl« of such Ordinance, the day, month and year when the same was by the Lieutenant Governor assented to or reserved by him for the assent of the Governor General ; and in the latter case such clerk shall also indorse thereon the day, month and year when the Lieutenant Governor has signified (either by speech or message to the Legislative Assembly or by proclamation) that the same was laid before the Governor General and that the Governor General was pleased to assent to the same ; and such indorsement shall be taken to be a part of such 2 S. 8 (8) INTERPRETATION Cap. 1 3 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. CO. c. 1, s. 6. AMENDMENT OR REPEAL. 7. Any Ordinance of the Territories may be amended, altered Amendment or repealed by any Ordinance passed in the same session. CO. gaj*?^'" ^*"® c. 1, s. 7. INTERPRETATION. 8. In every Ordinance unless the context otherwise re- interpretation quires : 1. The law shall be considered as always speaking; and Law always whenever any matter or thing is expressed in the present tense the same shall be applied to the circupistances as they arise so that effect may be given to each Ordinance and every part thereof according to its spirit, true intent and meaning ; 2. The expression " shall " shall be construed as imperative, " shaU " and the expression "may" as permissive; "May" 3. Whenever the expression "herein" is used in any section "Herein" of an Ordinance it shall be understood to relate to the whole Ordinance and not to that section only ; 4. The expression " Her Majesty," " the Queen," or " the The Sovereign Crown," means Her Majesty, her Heirs and Successors. Sove- reigns of the United Kingdom of Great Britain and Ireland ; 5. The expression "Lieutenant Governor" means the Lieu- "Lieutenant tenant Governor for the time being or other chief _ executive Governor" officer or administrator for the time being carrying on the government of the Territories by whatever title he is desig- nated; 6 The expression "Lieutenant Governor in Council" means "Lieutenant i^ _ 1 ■ • J. • i.1, ,,.„„ Governor m the Lieutenant Governor or person administering the govern- council" ment of the Territories for the time being acting by and with the advice of or by and with the advice fend consent of or in conjunction with the Executive Council of the said Territories; 7. The expression "Government," "Government of the Ter- .< Q^^^^„^^„t , ritories" or "North-West Government" used in any Ordinance whenever enacted means Her Majesty the Queen acting for the Territories ; 8. The expression "the United Kingdom" means the United Kingdom of Great Britain and Ireland ; <. united 3 Kingdom " Cap. 1 INTERPEETATION S. 8 (9) " United States " ' Territories " Name of country, place, officer, etc. " Procla- mation " Acts by proclamation Number and gender ' Person " ' Writing " 'Now- ' Next " "Month " "Year " ' Holiday " 9. The expression " the United States " means the United States of Ambrica ; 10. The expression "the Territories" means the North- West Territories as defined by The North-West Territories Act excepting that portion of the said Territories declared by The Yukon Territory Act to constitute the Yuikon Territory ; 11. The name commonly applied to any country, place, body, corporation, society, officer, functionary, person, party or thing means such country, place, body, corporation, society, officer, functionary, person, party or thing, although such name is not the formal and extended designation thereof ; 12. The expression "proclamation" means a proclamation under the seal of the Territories ; 13. When the Lieutenant Governor is authorized to do any act by proclamation such proclamation is to be understood to be a proclamation issued under an Order of the Lieutenant Governor in Council but it shall not be necessary that it be mentioned in the proclamation that it is issued under such Order; 14. Words importing the singular number or the masculine gender only include more persons, parties or things of the same kind than one and females as well as males and the con- verse ; 15. The expression " person" includes any body corporate and politic or party and the heirs, executors, administrators or other legal representatives of such person to whom the con- text can apply according to law ; 16. The expression "writing," " written" or any terms of like import includes words printed, painted, engraved, litho- graphed or otherwise traced or copied ; 17. The expression " now" or "next" shall be construed as having reference to the time when the Ordinance was assented to; 18. The expression "month" means a calendar month; and the expression "year" means a calendar year; and the number of any year (unless the contrary is indicated) means "the year of our Liord" without the mention of "the year of our Lord;" 19. The expression "holiday" includes Sunday, New Year's day. Ash Wednesday, Good Friday, Easter Monnay, the second Friday in May to be known as Arbour Day, Tthe twenty-fourth day of May or when such day falls on a Sunday the twenty-fifth day of May to be known as "Victoria Day"] Christmas day, the birthday or the day Ixed by proclamation 4 s. 8 (25) INTERPRETATION Cap. 1 for the celebration of the birthday of the reigning Sovereign, Dominion day, Labour day and such day as may in each year be proclaimed a public holiday for the planting of forest and other trees and any other day appointed by proclamation for a general fast or thanksgiving ; 20. The term "gazette" or "of&cial gazette" whenever enacted means The North-West Territories Gazette published by the Queen's printer under the authority of the Lieutenant Grovenor in Council; 21. If the time limited by any Ordinance for any proceed- ing or the doing of anything under its provisions expires or falls upon a holiday, the time so limited shall be extended to and such thing may be done the day next following which is not a holiday; 22. The time used upon the Canadian Pacific railway and known as "mountain standard time" (being the local time at the one hundred and fifth meridian of longitude) is hereby de- clared to be the standard time of the Territories ; and when any Ordinance refers to any particular time of day such standard time shall be considered to be meant ; 23. The expression "felony" shall mean any crime which before the passing of The Criminal Code 1892 would have been a felony under the law of Canada; and "misdemeanor" shall mean any crime or offence which before the passing of the said Code would have been a misdemeanor under the said law; 24. 'JDhe expression "oath" includes a solemn affirmation or declaration whenever the context applies to any person and case by whom and in which a solemn affirmation or declara- tion may be made instead of an oath; and in like cases the expression "sworn" includes the expression "affirmed" or "de- clared;" 25. Whenever (by any Ordinance or by any Order, regu- lation or commission made or issued by the Lieutenant Gover- nor or Lieutenant Governor in Council under any law authoris- ing him to require the taking of evidence under oath) an oath is authorised or directed to be made, taken or administered, such oath may be administered and a certificate of its having been made, taken or administered may be given by any one named in any such Ordinance, Order, regulation or commis- sion, 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 ; 6 ' Gazette ' Time expiring on holiday Standard time ' Felony ' ' Oath ' ' Sworn ' Officers to take oaths (Jap. 1 INTEBPEETATION S. 8 (26) " Sureties ' " Security ' " Magistrate ' " Justice " OCBcial jurisdiction. Implied powers Imprisonment Public expenditure Appointment, removal, etc., of officials ,26. The expression "sureties" means sufficient sureties and the expression "security" means sufficient security; and when- ever these words are used one person shall be sufficient there- for unless otherwise expressly required; 27. The expression "magistrate" means justice of the peace; 28. The expression " justice" means a justice of the peace and includes two or more justices if two or more justices act or have jurisdiction and also any person having the power or authority of two or more justices of the peace ; 29. If anjdihing is directed to be done by or before a magis- trate or a justice of the peace or other public functionary 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 ; 30. Whenever power is given to any person, officer or func- tionary to do or to enforce the doing of any act or thing, all such powers shall be understood to be also given as are neces- sary to enable such person, officer or functionary to do or en- force the doing of such act or thing ; 31. If in any Ordinance any person is directed to be im- prisoned or committed to prison, such imprisonment or com- mittal 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 comman gaol which is nearest to such locality ; and the keeper of any such common gaol shaU 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 ; 32. If any sum of the public money be by any Ordinance appropriated for any purpose or directed to be paid by the Lieutenant Governor, the Lieutenant Governor in Council or the North-West Government, then (if no other provision be made respecting it) such sum shall be payable under warrant of the Lieutenant Governor directed to the Treasurer of the Ter- ritories out of the general revenue fund of the Territories ; and all persons entrusted with the expenditure of any such sum or any part thereof shall account for the same in such manner and form with such vouchers at such periods and to such officers as the Lieutenant Governor may direct ; 33. Words authorizing the appointment of any public officer or functionary or any deputy incluae the power of re- moving or suspending him, reappointing or reinstating him or appointing another in his stead in the discretion of the author- ity in whom the power of appointment is vested ; 6 incorporation S. 8 (42) INTERPRETATION Cap. 1 34. Words directing or empowering any public officer or SuooeBsors and functionary to do any act or thing or otherwise applying to o^lair ° him by his name of ofB.ce include his succesor in such office and his or their lawful deputy ; 35. Words directing or empowering a minister of the Crown Minister of to do any act or thing or otherwise applying to him by his name of office include a minister acting for or (if the office is vacant) in the place of such minister under the authority of The Terri- tories Public Service Ordinance or an Order in Council and also his successors in such office and his or their lawful deputy ; 36. All officers now appointed or hereafter appointed under Officers the authority of an Ordinance (whether by commision or other- during wise) shall remain in office during pleasure only unless other- pleasure wise authorised by law; 37. When any act or thing is required to be done by more When than two persons a majority of them may do it; ^t''"'^'*^ "''^ 38. Words making any association or number of persons Effect of a corporation or body politic and corporate shall vest in such corporation power to sue and be sued, contract and be con- tracted with by their corporate name; to have a common seal and to alter or change the same at their pleasure ; and to have perpetual succession ; and power to acquire and hold personal property or movables for the purposes for which the corpora- tion is constituted and te alienate the same at pleasure; and shall also vest in any majority of the members of the corpora- tion the power to bind the others by their acts ; and shall exempt the individual members of the corporation from personal lia- bility for its uebts or obligations or acts provided they do not violate the provisions of the Ordinance incorporating them ; 39. Whenever forms are prescribed slight deviations there- Forma from not affecting the substance or calculated to mislead shall not vitiate them ; 40. Whenever power to make by-laws, regulations, rules or ^^ ^^^ ^^ orders is conferred it shall include the power from time to time by-laws, etc to alter or revoke the same and make others ; 41. No provision or enactment in any Ordinance which is Private of the nature of a private Ordinance shall affect the rights of Ordinances any person or of any body politic, corporate or collegiate, such only excepted as are therein mentioned or referred to ; 42. Every Ordinance shall be so construed as to reserve to p^^g^ ^.f the Legislative Assembly the power of repealing or amending repeal it and of revoking, restricting or modifying any power privi- lege or advantage thereby vested in or granted to any person or party whenever such repeal, amendment, revocation, restric- 7 reserved 8 Cap. 1 INTEEPEETATION s. 8 (42) Effect of repeal limited Bepeal no declaration as to law previously Repeal : Continuation of previous officers, etc. Bepeal : By-laws, etc., continued Repeal : Reference to old law tion or modification is deemed by the Legislative Assembly to be required for the public good; 43. The repeal of any Ordinance or part of an Ordinance shall not revive any Ordinance or provision of law repealed by such Ordinance or part of an Ordinance or prevent the effect of any saving clause therein ; 44. The repeal or amendment of any Ordinance shall not be deemed to be or to involve any declaration whatsoever as to the previous state of the law ; 45. Whenever any Ordinance is repealed (wholly or in part) or other provisions are substituted and whenever any regulation is revoked and other provisions substituted all offi- cers, persons, bodies politic or corporate acting under the old law or regulation shall continue to act as if appointed under the new law or regulation until others are appointed in their stead; and all proceedings taken under the old law or regu- lation shall be taken up and continued under the new law or regulation when not inconsistent therewith; and all penalties and forfeitures may be recovered and all proceedings had in relation to matters which have happened before the repeal or revocation in the same manner as if the law or regulation was still in force, pursuing the new provisions as far as they can be adapted to the old law or regulation ; 46. Whenever any Ordinance is repealed (wholly or in part) and other provisions are substituted all by-laws, orders, regulations and rules made under the repealed Ordinance shall continue good and valid in so far as they are not inconsistent with the substituted Ordinance, enactment or provision until they are annulled or others made in their stead ; 47. Whenever any Ordinance or part of an Ordinance is repealed and other provisions are substituted by way of amend- ment, revision or consolidation, any reference in any unre- pealed Ordinance (or in any rule, order or regulation made thereunder) to such repealed Ordinance or enactment shall as rogarus any subsequent transaction, matter or thing be held and construed to be a reference to the provisions of the substi- tuted Ordinance or enactment relating to the same subject matter as such repealed Ordinance or enactment : Provided always that where there is no provision in the substituted Ordinance or enactment relating to the same sub- ject matter, tne repealed Ordinance or enactment shall stand good and be read and construed as unrepealed in so far (but in so far only) as is necessary to support, maintain or give effect to such unrepealed Ordinance or such rule, order or regulation made thereunder ; 8 S. 8 (52) INTERPRETATION Cap. 1 9 48. The repeal of an Ordinance or the revocation of a regu- |=pe?^ _.. ^ lation at, any time shall not affect any act done or any right or resi^rvcd right of action existing, accruing, accrued or established or any proceedings commenced in a civil cause before the time when such repeal or revocation takes effect; but the proceed- ings in such case shall be conformable when necessary to the repealing Ordinance or regulation. [48a (1) But where there is no provision in the repealing Ordinance or reguJa..ion relating to the same subject matter the repealed Ordinan^.e or regulation 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 right or right of action and the enforcement thereof. (2) The above section shall, except in respect of any action now pending, be deemed to have been in force from the 15th day of March, 1899.] 49. Unless otherwise therein specially provided, proceedings Enforcement of for the imposition of punishment by fine, penalty or imprison- ment for enforcing any Territorial Ordinance or municipal by-law may be brought summarily before a justice of the peace under the provisions of part LVIII of The Criminal Code 1892; and the words "on summary conviction" whenever they occur in any Ordinance shall refer to and mean under and by virtue of part LVIII aforesaid; 50. Any, duty, penalty, fine or sum of money or the proceeds fi„PP'''i.^c''" °^ of any forfeiture under any law of the Territories shall (if no other provision be made respecting it) belong to the Crown for the public uses of the Territories and form part of the general revenue fund of the Territories; 51. Where a pecuniary penalty or a forfeiture is imposed ^^ecovery^ot for the contravention of any Ordinance then (if the provisions unprovided of part LVIII aforesaid are not applicable to the case and if"'"'''^ no other mode is prescribed for the recovery of such penalty or forfeiture or if the mode prescribed is hot applicable to the case) the penalty or forfeiture shall be recoverable with ts by civil action or proceeding at the suit of the Attorney General or of a private party suing as well for the Crown as himself in the Supreme Court in any judicial district of the Territories; if no other provision is made for the appropriation of the penalty or forfeiture one-half thereof shall belong to the Government of the Territories and the other half shall belong to the private plaintiff if any there be and if there be none the whole shall iielong to the Crown; 52. No offence committed and no penalty or forfeiture in- «■=?«»! curred and no proceeding pending under any Ordinance at 9 10 Cap, 1 INTERPRETATION s. 8 (52) forfeiture not ^^Y *™^ repealed or under any regulation at any time re- affected voked shall be affected by the repeal or revocation, except that the proceeding shall be conformable when necessary to the repealing Ordinance or regulation; and whenever any penalty, forfeiture or punishment is mitigated by any of the provisions of the repealing Ordinance or regulation, such provisions shall be extended and applied to any judgment to be pronounced after such repeal or revocation. Ordinances public 53. 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 Judicial notice ^f ^j^^ ^^^^^ ^^^ ^^^^^^. 54. Every copy of any Ordmance (public or private) printed Printed copie. by authorfty of law shall be evidence of such Ordinance and of its contents; and every copy purporting to be so printed shall be deemed to be so printed unless the contrary is shown; of Ordinances Evidence o Orders in Council 55. A copy of any regulation or Order of the Lieutenant Governor in Council printed by the Queen's Printer or a written copy thereof attested by the signature of the clerk of the Execu- tive Council shall be evidence of such regulation or Order; and any Order in writing signed by the member of the Execu- tive Council fulfilling the duties of the Territorial Secretary and purporting to be written by command of the Lieutenant Governor shall be received in evidence fs the Order of theLieu- tena^it Governor; Construction Ordinances of 56. The preamble of every Ordinance shall be deemed a part thereof intended to assist in explaining the purport and object of the Ordinance and every Ordinance and every pro- vision or enactment thereof shall be deemed remedial (whether its immediate purport is to direct the doing of any thing which the Legislative Assembly deems to be for the public good or to prevent or punish the doing of any thing which it deems contrary to the public good) and shall accordingly receive such fair, large and liberal construction and interpretation as will best insure the attainment of the object of the Ordinance and of such provisions or enactment according to its true intent, meaning and spirit, Reference t^> sections 57. Where reference is made to any Ordinance by number to two or more sections, subsections, clauses of paragraphs of any Ordinance or Statute, the number first mentioned and the number last mentioned shall both be deemed to be included in the reference. 58. Reference by number to any section, subsection, para- graph, clause or line of any other Ordinance shall be deemed 10 s. 12 INTEEPEETATION. Cap. 1 11 to be a reference to such section, subsection, paragraph, clause or line of such other Ordinance as printed by authority of law ; 69. Where an Ordinance is not to come into operation im- Proceedings mediately on the passing thereof and confers power to hold any ordinance election, to make any appointment, to make, grant or issue any preliminary to instrument. Order in Council, order, warrant, scheme, letters foree"^ '"*° patent, rules, regulations or by-laws, to give notices, to pre- scribe forms or to do any other thing for the purposes of thd Ordinance, that power may (unless the contrary intention ap- pears) be exercised at any time after the passing of the Ordi- nance so far as may be necessary or expedient for the pur- pose of bringing the Ordinance into operation at the date of the conmiencement thereof, subject to this restriction that any such instrument. Order in Council, order, warrant, scheme, letters patent, rules, regulations or by-laws shall not (unless a contrary intention appears in the Ordinance or the contrary is necessary for bringing the Ordinance into operation) come into operation until the Ordinance comes into operation ; 60. Nothing in this section shall exclude the application to General rules any Ordinance of any rule of construction applicable thereto of construction and not inconsistent with this section. CO. c. 1, s. 8 ; 1901, c. 2, s. 1 ; 1903, c. 3, s. s. 1 and 2. CUSTODY OF ORDINANCES. 9. All Ordinances heretofore passed, now passed and here- ordinances to after to be passed shall be and continue to remain of record in ^e of record the custody of the clerk of the Legislative Assembly. CO. c. 1, B. 9. CERTIFIED COPIES OF ORDINANCES. 10. The clerk of the Legislative Assembly shall affix the seal Authenti- of the Territories to certified copies of all Ordinances intended cophis ° for transmission to the Secretary of State or required to be produced before courts of justice and in any other case which the Lieutenant Governor in Council 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. CO. c. 1, s. 10. 11. The clerk of the Legislative Assembly shall furnish a Certified certified copy of any Ordinance to any person applying for the ™p'®° same upon receiving from such person such fee (not exceeding ten cents for every hundred words) as the Lieutenant Governor in Council may from time to time direct. CO. c. 1, s. 11. 12i. The clerk of the Legislative Assembly shall insert at Certificate the foot of every such copy so required to be certified a writteii 11 12 Cap. 1 INTEEPBETATION. 12 Disallowance certificate duly signed and authenticated by him to the effect that it is a true copy ; and in case of any Ordinance disallowed after it came into force, " but disallowed by the Governor Gen- eral in Council, which disallowance took effect on the day of A.D. 1 ." CO. c. 1, s. 12. CONSTEUCTION OF THIS ORDINANCE. Interpretation thereof 13. The provisions of this Ordinance shall apply to the con- struction thereof and to the words and expresions used there- in. CO., c. 1, s. 13. 12 s. Id (2) LEGISLATIVE ASSEMBLY Cap. 2 TITLE II. LEGISLATURE; EXECUTIVE AND GENERAL GOVERNMENT. CHAPTER 2. An Ordinance respecting the Legislative Assembly of the Territories. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : LEGISLATURE. 1. The Legislative Assembly shall be composed of [thirty- LegisiatiTe five] members elected to represent the electoral districts set forth ^''""""^ m schedule 1 appenuea to this Ordinance. CO. c. 2, s 1 • 1902 c. 2, s. 1. ' ' [ la. The person entitled to vote at an election for the Le- gislative Assembly shall be the male British subjects by birth or naturalisation (other than unenfranchised Indians) who have attained- the full age of twenty-one years, who have resid- ed in the Territories for at least twelve months and in the elec- toral district for at least the three months respectively immedi- ately preceding the time of voting.] 1903 2nd session, c. 2, s. 4. [lb. Any male British subject by birth or naturalisation shall be eligible for nomination and election.] 1903, 2nd ses- sion, c. 2, s. 5. Who may vote for members of Assembly Who eligible for election [ Ic. Members of the Legislative Assembly shall take and °^'^ *° ^^ subscribe before the Lieutenant Governor or before such per- members son as is designated by the Lieutenant Governor in Council the following oath of allegiance : " I, A.B. do swear that I will be faithful and bear true alle- giance to His Majesty, his heirs and successors."] 1903, 2nd session, c. 2, s. 6. Ij Id. The Legislative Assembly on its first assembling after a Election of general election shall proceed with all practicable speed to elect *^®°' ^"^ one of its members to be speaker. (2) In case of a vacancy happening in the office of speaker Vacancy in by death, resignation or otherwise the Legislative Assembly speaker 13 Cap. 2 LEGISLATIVE ASSEMBLY Id (2) Speaker to preside Persons holding office not to be members Members ot Executive Council holding office not disqualified Certain officers qualified Seat not to be vacated by ministers changing office Persons interested in contract with Government not to be member Member, becoming interested in shall proceed with all practicable speed to elect another of its members to be speaker. (3) The speaker shall preside at all meetings of the Legis- lative Assembly.] 1903, 2nd session, c. 2, 6. 7. [ le. No person except the persons hereinafter menitoned who shall hold any office or place of profit under the Government or who shall be in any manner employed in the public service of the Territories for salary, wages, fees or emolument shall sit or vote in the Legislative Assembly; and the election of any such person to be a member of the Legislative Assembly shall be null and void out nothing in this section shall be construed to apply to the speaker or deputy speaker of the Legislative Assembly.] 1903, 2nd session, c. 2, s. 8. [if. Notwithstanding the provision hereinafter contained it shall be lawful for the Lieutenant Governor from time to time to appoint any number of ofilcers who shall be capable of being elected members of the Legislative Assembly and of sitting and voting therein : Provided always that such officers shall be members of the Executive Council.] 1903, 2nd session, c. 2, s. 9. [ Ig. Until such appointments as aforesaid have been made the persons for the time being holding the offices of President of the Council, Attorney General, Territorial Treasurer, Terri- torial Secretary, Commissioner of Education, Commissioner of Public Works and the Commissioner of Agriculture shall be capable of sitting and voting in the Legislative Assembly.] 1903, 2nd session, c. 2, s. 10. [ 1 h. Where a person has been elected a member of the Legislative Assembly since his appointment as an officer cap- able of being elected a member of the Legislative Assembly the subsequent acceptance by him from the Crown of an appointment as any such officer in lieu of and in immediate succession the one office to the other shall not vacate his sea/t.] 1903, 2nd session, c. 2, s. 11. [ li. No person who shall either directly or indirectly be con- cerned or interested in any bargain or contract entered into by or on behalf of the Government or who shall participate or claim to be entitled to participate either directly or indirectly in the profit thereof or in any benefit or emolument arising from the same shall sit or vote in the Legislative Assembly and the election of any such person to be a member of the Legislative Assembly shall be absolutely null and void.] 1903, 2nd session c. 2, s. 12. [ Ij. If any member of the Legislative Assembly shall either directly or indirectly become concerned or interested in anv 14 s. 3 LEGISLATIVE ASSEMBLY Cap. 2 bargain or contract entered into by or on behalf of the Govern- contract or ment or shall part-'cipate or claim to) be entitled to par- Xfi"^ ticipate whether directly or indirectly in the profit thereof or emolument to in any benefit or emolument arising from the same or shall accept any office or place of emolument under the Government or shall in any character or capacity for or in expectation of any fee, gain or reward perform any duty, transact any busi- ness or do anything whatsoever for or on behalf of the Govern- ment his seat shall thereupon be vacant.] 1903, 2nd session, c. 2, s. 13. Certain [ Ifc. JSIothing hereinbefore contained shall apply to any bar- gain or contract entered into by or with any company where contracts such bargain or con'tract shall be entered into for the general excepted benefit of such company or to any lease, sale or purchase of any land or to any agreement for any such lease, sale or pur- chase of any building or land or for the loan of money or to any security for the payment of money only.] 1903, 2nd ses- sion, c. 2, s. 14. [ 11. Any person who shall wilfully offend against any of the provisions hereof shall forfeit and pay for every such offence the sum of not less than $100 and not more than $600 on con- viction thereof in a summary way before two justices of the peace.] 1903, 2nd session, c. 2, s. 15. Penalties QUORUM. 2. The quorum required for the transaction of business in Quorum the Legislative Assembly shall be ten, of whom the speaker may be one. CO. c. 2, s. 2. SPEAKER AND DEPUTY SPEAKER. 3. The Legislative Assembly may elect a deputy speaker; Deputy and whenever the speaker from illness or other cause finds it speaker necessary to leave the chair during any part of the sitting of Powers and the House on any day he may call upon the deputy speaker (or " '®° in his absence upon any member of the Houtee) to take the chair and act as speaker during the remainder of such day unless the speaker himself resumes the chair before the close of such sitting of that day ; and the deputy speaker or the mem- ber so called upon shall take the chair and act as speaker ac- cordingly; and any Ordinance passed and every order made and thing done by the said Legislative Assembly while such deputy speaker or member is acting as speaker as aforesaid shall be valid and effectual to all intents and purposes as if done while the speaker himself was presiding in the chair. CO. c. 2, s. 3. 15 Cap. 2 LEGISLATIVE ASSEMBLY S. 4. Absence of speaker 4. Whenever the House is informed by the clerk at the table of the unavoidable absence of the speaker, the deputy speaker (if present) shall take the chair and shall perform the duties and exercise the authority of speaker in relation to all the pro- ceedings of the House until the meeting of the House on the next sitting day and so on from day to day on the like infor- mation being given to the House until the House otherwise orders. CO., c. 2, s. 4. Absence of speaker and deputy speaker Acts done absence of speaker 5. "Whenever the House is informed by the clerk at the table of the unavoidable absence of both the speaker and the deputy speaker, it shall be lawful for the said Assembly +o elect a member to take the chair and act as speaker for that day. CO., c. 2, s. 5. 6. Every Ordinance passed and every order made and thing done by the said Assembly while such deputy speaker or member is acting or presiding as speaker as aforesaid shall be as valid and effectual to all intents and purposes as if done while the speaker himself was presiding in the chair. CO. c. 2, s. 6. Votes on questions in Assembly 7. Questions arising in the Legislative Assembly shall be decided by a majority of voices other than that of the speaker or acting speaker; and when the voices are equal (but not otherwise) the speaker or acting speaker shall have a vote. CO. c. 2, s. 7. Speaker's allowance 8. An allowance of $500 shall be paid to the speaker of the Legislative Assembly for each session of the Legislature. CO., c 2, s 8. VACATING OF SEATS. Resignation of members In House To speaker 9. Any member of the Legislative Assembly may vacate his seai therein in the manner herein provided : il. He may openly in his place in the Legislative Assembly declare his wish to vacate his seat as a member : and in such case the clerk of the Legislative Assembly shall record the same in the journals and the seat of such member shall be forthwith vacated; or 2. He may deliver to the speaker a statement in writing under his hand attested by two witnesses declaring his resit;- nation of such seat; upon a receipt whereof by the speaker (whether during a session of the Assembly or not) the seat of such member shall become vacant. CO. c. 2, s. 9. To two Members 10. If any member of the Legislative Assembly wishes to 16 S. 14 (14a) LEGISLATIVE ASSEMBLY Cap. 2 5 resign his seat (whether during or before any session or in the interval between two sessions of the Assembly) and there be then no speaker or such member be the speaker he may address and cause to be delivered to any two members of the Legis- * lative Assembly a statement in writing under his hand attested by two witnesses declaring his resignation of such seat; and upon the receipt thereof by such two members the seat shall become vacant. CO. c. 2, s. 10. 11. The speaker o^- such two members as the case may be i^s^e of writ upon receiving such declaration or resignation shall forthwith ° address his or their warrant under his or their hand and seal or hands and seals to the clerk of the Executive Council for the issue of a new writ for the election of a member in the place of the member so notifying his intention to resign and such writ shall issue accordingly. CO. c. ?, s. 11. 13. Upon the vacancy in the representation of any electo'-al ^ther"than by district created by death or in any way other than by resigna- resiirnation tion, any two members of the Legislative Assembly may give notice of the vacancy to the clerk of the Executive Council and require the issue of a writ to fill the same: Provided that in case such vacancy shall occur subsequently to a general election and before the first meeting of the Legis- lative Assembly thereafter such notice and requisition to the clerk of the Executive Council may be given by two members elect of the said Legislative Assembly of whose election the said clerk as such shall have had due notice ; and such notice and every such notice and requisition given under this section shall be submitted forthwith after its receipt by the said clerk to the Lieutenant Governor; and upon its return by him to the said clerk endorsed as approved the necessary proceeding shall be taken in pursuance thereof as in the case of a warrant under the next preceding section. CO. c. 2, s. 12. 13. No member elect to the Legislative Assembly shall be designation not . , . , ,1 • ■ r , 1 ■ /^ 1 • allowed pending; permitted to resign under the provisions of this Ordinance so election^ ^ long as any proceedings are pending under any of the pro- ''"'"'^ '"^^ visions of The Territories Elections Ordinance nor until he has been fully delared elected. CO. c. 2, s. 13. 14. The resignation of a member shall in~no way affect the ^„7t|"^^™ conduct or result of any proceedings taken under the provi- p"oce'edings sions of any Ordinance of the Territories respecting contro- verted elections. CO. c. 2, s. 14. SP[14a. No person who, having been a member of the Legis- ^°iP^[^°",^^t lative Assembly, has resigned his seat therein, shall within J° ^I^^pp'''"'^'^ such portion of the term for which he was elected as shall at 17 Gap. 2 LEGISLATIVE ASSEMBLY S. 14 (14a) the time of such resignation remain unexpired be appointed to hold or enjoy any office, commission or employment Under the Government of the Territories to which any salary or remuu- eration is attached.] 1899, c. 2, s. 1. iNtoBMNlTY TO MEMBERS. Member's indemnity 15. In each session of the Legislative Assembly there shall be allowed and payable to each member attending such session an allowance of $500 and no more: Provided always a deduction at the rate of $10 per day shall be made from the said sessional allowance for every day on which the member does not attend a sitting of the House or of some committee thereof provided the House sits on such day; but each day during the session (after the first and before the last day on which the member attends as aforesaid) on which there has been no sitting of the House in consequence of its having adjourned over such day or on which the member was prevented by sickness from attending, any such sitting as aforesaid shall be reckoned as a day of attendance at such session. CO. c. 2, s. 15. How paid 16. The said compensation may be paid from time to time as the member becomes entitled to it to the extent of $10 for each day's attendance as aforesaid, but the remainder shall be retained by the Territorial Treasurer until the close of the session when the final payment shall be made. CO. c. 2, s. 16. Member for only part of session 17. If any member be elected a,nd take his seat in the Assembly after the commencement of the session or if during the session any member cease to be a member, he shall be entitled to the regular sessional allowance subject to a deduc- tion of $10 per day for each day of the session before taking his seat or after he ceased to be a member or both as the case may be. CO. c. 2, s. 17. Travellings expenses [18. There shall be allowed to each member five cents for each mile of the distance between the ne&rest railway station to the place of residence of such member and the place at which the session is held reckoning such distance going and coming according to the shortest railway route together with his actual travelling expenses between his place of residence and such I'&il^ay station when such distance is gteater than five miles. (2) This section shall only apply in the case of &fly session held after the passing of this Ordinance.] 1903, c. 4, s. 1. Dedlahatioli of attidunt due 19. The sum due to every membef at the close of a session shall be calculated and paid to him on his making and signing 18 Sched. 1 LEGISLATIVE ASSEMBLY Cap. 2 7 before the clerk of the Legislative Assembly or a justice of the for indemnity peace a solemn declaration to be kept by the Territorial Trea- ''"'' ^"p™"' surer showing; (a) The number of days on which he has attended the session; (b) The number of days (if any) for which a deduction from the amount of his sessional allowance has to be made under any preceding section of this Ordi- nance; and (c) The amount of his actual travelling expenses as de- termined and certified by the speaker. CO., c. 2, s. 19. EXAMINATION OF A WITNESS. 30. The Legislative Assembly may at all times command Attendance of ^"^ witnesses and compel the attendance before the Assembly or before any committee thereof of such persons and the production of such papers and things as the Assembly or committee may deem necessary for anv of its proceedings or deliberations. CO., c. 2, s. 20. 21. Whenever the Legislative Assembly requires the atten- speakers dance of any person before the said Assembly or before a com- Tubplena""^ mittee thereof, the speaker may issue his warrant or subpoena directed to the person named in the order of the Legislative Assembly requiring the attendance of such person before the Legislative Assembly or a committee thereof and the produc- tion of such papers and things as may be ordered. CO., c. 2, s. 21. OATHS TO WITNESSES. 22. Any standing or select committee of the Legislative ^^^^^^j^'^o" Assembly may require the facts, matters and things relating to the subject of inquiry to be verified or otherwise ascertained by the oral examination of witnesses and may examine such witnesses upon oath and for that purpose the chairman or any other member of the committee may administer to any witness an oath or affifmation in form A or form B of schedule 2 append- ed to this Ordinance. CO., c. 2, s. 22. SCHEDULE 1. The electoral district of Souris shall consist of that portion Of souri» the provisional district of Assiniboia bounded on the south by the forty-ninth parallel of latittide, being the International boundary line: on the east by the western boundary of thef 19 Cap. 2 LEGISLATIVE ASSEMBLY Sched. 1 Province of Manitoba; on the west by the line between ranges ten and eleven west of the second meridian in the Dominion lands system of survey; and on the north by the line between townships six and seven being the second correctioii line in the said system of survey; and such electoral district shall return one member. cannington The electoral district of Cannington shall consist of that portion of the provisional district of Assiniboia bounded on the north by the line between townships eleven and twelve in the Dominion lands system of survey; on the east by the west- ern boundary of the Province of Manitoba; on the south by the line between townships six and seven being the second cor- rection line in the said system of survey and on the west by the line between ranges ten and eleven west of the second meridian in the said system of survey; and such electoral dis- trict shall return one member. Moosomin The electoral district of Moosomin shall consist of that por- tion of the provisional district of Assiniboia bounded on the east by the western boundary of the Province of Manitoba; on the north by the line between townships nineteen and twenty in the Dominion lands system of survey; on the south by the line between townships eleven and twelve in the said system of survey; and on the west by the second meridian in the said system of survey; and such electoral district shall return one member. Whitewood The electoral district of Whitewood shall consist of that portion of the provisional district of Assiniboia bounded on the east by the second meridian in the Dominion lands system of survey; on the south by the line between townships eleven and twelve in the said system of survey; on the west by the line between ranges four and five west of the said second meri- dian; and on the north by the line between townships twenty and twenty-one being the sixth base line in the said system of survey; and such electoral district shall return one member. Grenfell The electoral district of Grenfell shall consist of that portion of the provisional district of Assiniboia bounded on the west by the line between ranges eight and nine west of the second meridian in the Dominion lands system of survey; on the south by the line between township eleven and twelve in the said system of survey and on the east and north as follows: Commencing at the intersection of the said line between town- ships eleven and twelve with the line between ranges four and five west of the said second meridian, thence northerly along the said line between ranges four and five to the line between townships twenty and twenty-one, being the sixth base line in 20 Sched. 1 LEGISLATIVE ASSEMBLY Cap. 2 the said system of survey, thence westerly along the said base line to the meridian, thence northerly along the said line be- tween ranges six and seven to the northern boundary of town- ship tw6nty-one in the said system of survey, thence westerly along the said northern boundary of township twenty-one to the line between ranges seven and eight west of the said second meridian, thence northerly along the said line between ranges seven and eight to the northern boundary of township twenty- two in the said system of survey, and thence westerly along the said northern boundary of township twenty-two to the afore- said line between ranges eight and nine west of the second meri- dian; and such electoral district shall return one member. The electoral district of Wolseley shall consist of that portion Woiseiey of the provisional district of Assiniboia bounded on the east by the line between ranges eight and nine west of the second meridian in the. Dominion lands system of survey; and on the south by the line between townships eleven and twelve in the said system of survey; and on the west and north as follows: Commencing at the intersection of the line between ranges eleven and twelve west of the said second meridian with the northern boundary of township eleven in the said system of survey, thence northerly along the said line between ranges eleven and twelve to the northern boundary of township nine- teen in the said system of survey, thence easterly along the said northern boundary of township nineteen to the line between ranges ten and eleven west of the said second meridian, thence northerly along the said line between ranges ten and eleven to the northern boundary of township twenty-two being the sixth correction line in the said system of survey, thence easterly along the said correction line to the aforesaid line between ranges eight and nine west of the second meridian: and such electoral district shall return one member. The electoral district of Saltcoats shall consist of those por- Saitcoats tions of the proivsional districts of Assiniboia and Saskatche- wan bounded on the east by the western boundary of the Province of Manitoba; on the north by the line between town- ships thirty-eight and thirty-nine being the tenth correction line in the Dominion lands system of survey; and on the west and south as follows: Commencing at the intersection of the said tenth correction line with the line between ranges three and four west of the second meridian in the said system of survey, thence southerly along the said line between ranges three and four west of the second meridian to the line between townships twenty and twenty-one being the sixth base line in the said system of survey, thence easterly along the said base line to the said second meridian, thence south along the said second meri- dian to the line between townships nineteen and twenty in 21 10 Cap. 2 LEQIGLATIYE ASSEMBLY Sched. 1 the sfiifj system of survey and thence easterly along the said line bewteen townships nineteen and twenty to the western boundary of the Province of Manitoba; and such electoral district shall return one member. Vorkton The electoral district of Yorkton shall consist of those por- tions of the provisional districts of Assiniboia and Saskatche- wan bounded on the east by the line between ranges three and four west of the second meridian in the Dominion lands system of survey; on the north by the line between townships thirty- eight and thirty-nine being the tenth correction Une in the said system of survey; and on the west and south as follows: Com- mencing at the intersection of the said tenth correction Une with the line between ranges ten and eleven west of the said second meridian, thence southerly along the paid line between ranges ten and eleven to the northern boundary of township twenty-two being the sixth correction line in the said system of survey, thence easterly along the said correction line to the line between ranges seven and eight west of the said second meridian, thence southerly along the said line between ranges seven and eight to the northern boundary of township twenty- one in the said system of survey, thence easterly along the said northern boundary of township twenty-one to the line between ranges six and seven west of the said second meridian, thence southerly along the said Une between ranges six and seven to the line between townships twenty and twenty-one being the sixth base Une in the said system of survey, and thence east^ erly along the said base Une to the aforesaid line between ranges three and four west of the second meridian; and such electoral district shall return one member. South Qu'Appelle The electoral district of South Qu'Appelle shall consist of that portion of the provisional district of Assiniboia bounded on the west by the line between ranges sixteen and seventeen west of the second meridian in the Dominion lands system of survey;, on the south by the forty-ninth parallel of latitude be- ing the International boundary line; and on the east and north as follows: Comniencing at the intersection of the said Inter- national boundary line with the line between ranges ten and eleven west of the said second meridian, thence northerly along the said line between ranges ten and eleven to the Une between townships eleven and twelve in the said system of survey, thence westerly along the said line between townships eleven and twelve to the line between ranges eleven and twelve west of the said second meridian, thence northerly along the said line between ranges eleven and twelve to the line between townships nineteen and twenty in the said system of survey and thence westerly along the said line between townships nineteen and twenty to the aforesaid line between ranges six- 22 Scbed. 1 LEGISLATIVE AS6EMBLY Cap. 2 11 teen and seventeen west of the second meridian; and such electoral district shall return one member. The electoral district of North Qu'Appelle shall consist of North that portion of the provisional district of Assiniboia bounded '^" '^''''^ " on the south by the line between townships nineteen and twenty in the Dominion lands system of survey; on the east by the line between ranges ten and eleven west of the second meridian in the said system of survey; on the north by the line between townships thirty-four and thirty-five, being the ninth correc- tion line in the said system of survey; and on the west by the line between ranges sixteen and seventeen west of the said second meridian; and such electoral district shall return one member. The electoral district of South Regina shall consist of that South portion of the provisional district of Assiniboia bounded on the ''^""' south by the forty-ninth parallel of latitude being the Inter- national boundary line; on the east by the line between ranges sixteen and seventeen west of the second meridian in the Do- minion lands system of survey; on the north by a line drawn through the centre of the track of the main line of the Cana- dian Pacific wailway; and on the west by the line between ranges twenty-three and twenty-four west of the said second meridian; and such electoral district shall return one mem- ber. The electoral district of North Regina shall consist of that North_^ portion of the provisional district of Assiniboia bounded on the east by the line between ranges sixteen and seventeen west of the second meridian in the Dominion lands system of survey; pn the south by a line drawn through the centre of the track of the main line of the Canadian Pacific Railway; on the north by the line between townships thirty-four and thirty-five, being the ninth correction line in the said system of survey; and on the west by the line between ranges twenty-three and twenty- four west of the said second meridian; and such electoral dis- trict shall return one member. The electoral district -of Kinistino shall consist of that por-r Kinistino tion of the provisional district of Saskatchewan bounded on the north by the line between townships seventy and seventy- one in the Dominion lands system of survey, being the north- ern boundary of the said provisional district of Saskatchewan; and on the west, south and east as follows: Commencing at the intersection of the northern boundary of the said provi- sional district of Saskatchewan with the line between ranges twentv-one and twenty-two west of the second meridian in the said system of survey,' thence southerly along the said line be- 23 12 Cap. 2 LEGISLATIVE ASSEMBLY Sched. 1 tween ranges twenty-one and twenty-two to the line between towaships forty-seven and forty-eight in the said system of survey, thence westerly along the said line between townships forty-seven and forty-eight to the line between ranges twenty- three and twenty-four west of the said second meridian, thence southerly along the said line between ranges twenty-three and twenty-four to its intersection with the line between townships thirty-four and thirty-five, being the ninth correction line in the said system of survey, thence easterly along the said cor- rection Une. to its intersection with the line between ranges ten and eleven west of the said second meridian, thence northerly along the said line between ranges ten and eleven to the line between townships thirty-eight and thirty-nine, being the tenth correction line in the said system of survey; thence easterly along the said tenth correction line to its intersection with the western boundary of the Province of Manitoba, thence north- erly along the said western boundary of the Province of Mani- toba to its intersection with the northern boundary of the Pro- vince of Manitoba, thence easterly along the said northern boudnary of the Province of Manitoba to the eastern boundary of the said provisional district of Saskatchewan, at the west- ern shore of Lake Winnipeg, and thence in a generally north- erly direction following the western shore of Lake Winnipeg and the Nelson river, being the eastern boundary of the said provisional district of Saskatchewan to the aforesaid line between townships seventy and seventy-one in the said system of survey; and such electoral district shall return one member. Batoche The electoral district of Batoche shall consist of that portion of the provisional district of Saskatchewan bounded on the south by the line between townships thirty-four and thirty-five, being the ninth correction line in the Dominion lands system of survey; on the east by the line between ranges twenty-three and twenty-four west of the second meridian in the said system of sui-vey; and on the west and north as follows: Commencing at the intersection of the line between ranges one and two west of the third meridian in the said system of survey with the said ninth correction line, thence northerly along the said line between ranges one and two to the line between townships forty and forty-one, being the eleventh base line in the said system of survey, thence westerly along the said base line to its intersection with the eastern or right bank of the South Sas- katchewan river, thence northerly and easterly along the said eastern or right bank of the South Saskatchewan river with the stream to its intersection with the line between townships forty-five and forty-six in the said system of survey, and thence easterly along the said line between townships forty-five and forty-six to the aforesaid line between ranges twenty-three and 24 Sched. 1 LEGISLATIVE ASSEMBLY Cap. 2 13 twenty-four west of the second meridian; and such electoral district shall return one member. The electoral district of Prince Albert shall consist of thatPr'"':<= portion of the provisional district of Saskatchewan bounded as follpws: Commencing at the intersection of the line be- tween townships seventy and seventy-one in the Dominion lands system of survey, being the northern boundary of the said provisional district of Saskatchewan, with the line be- tween ranges twenty-one and twenty-two west of the second meridian in the said system of survey, thence southerly along the said line between ranges twenty-one and twenty-two to the line between townships forty-seven and forty-eight in the said system of survey, thence westerly along the said line be- tween townships forty-seven and forty-eight to the line between ranges twenty-three and twenty-four west of the said second meridian, thence southerly along the said line between ranges twenty-three and twenty-four to the line between townships forty-five and forty-six in the said system of survey, thence westerly along the said line between townships forty-five and forty-six to the southern or right bank of the South Saskatche- wan river, thence westerly along the said bank of the South Saskatchewan river against the stream to its intersection with the third meridian in the said system of survey, thence north along the said third meridian to the northern boundary of township forty-six in range one west of the said third meri- dian, thence westerly along the said northern boundary of township forty-six in range one to the line between ranges one and two west of the said third meridian, thence nortlierly along the said line between ranges one and two to the north- em boundary of township forty-seven in range two west of the said third meridian, thence westerly along the northern boudnary of township forty-seven in ranges two and three west of the said third meridian to the line between ranges three and four west of the said third meridian, thence north- erly along the said line between ranges three and four to the aforesaid northern boundary of the provisional district of Sas- katchewan and thence easterly along the said northern bound- ary of the provisional district of Saskatchewan to the place of beginning; and such electoral district shall return one mem- ber. The electoral district of Saskatoon shall consist of that por- saskatoon tion of the provisional district of Saskatchewan bounded on the south by the line between townships thirty-four and thirty- five, being the ninth correction line in the Dominion lands sys- tem of survey; on the west by the line between ranges thirteen and fourteen west of the third meridian, in the said system^ of survey; and on the north and east as follows: Commencing 25 14 Cap. 2 LEGISLATIVE ASSEMBLY Sched. 1 at the intersection of the said line between ranges thirteen and fourteen west of the third meridian with the line between town- ships forty-four and forty-five, being the twelfth base line in the said system of survey, thence easterly along the said base line to the line between ranges four and five west of the said third meridian, thence southerly along the said line between ranges four and five to the line between townships forty-one and forty-two in the said system of survey, t];ence easterly along the said line between townships forty-one and forty-two to the eastern or right bank of the South Saskatchewan river, thence southerly and westerly along the said eastern or right bank_ of the South Saskatchewan river against the stream to the line between townships forty and forty-one, being the eleventh base line in the said system of survey, thence easterly along the said eleventh base line to the line between ranges one and two west of the said third meridian and thence southerly along the said line between ranges one and two to the aforesaid ninth cor- rection line; and such electoral district shall return one mem- ber. Mitchell The electoral district of Mitchell shall consist of that por- tion of the provisional district of Saskatchewan bounded as follows: Commencing at the intersection of the southerly or right bank of the South Saskatchewan river with the third Meridian in the Dominion lands system of survey, thence north along the said third meridian to the northern boundary of township forty-six in range one west of the said third meri- dian, thence westerly along the said northern boundary of township forty-six in range one to the line between ranges one and two west of the said third meridian, thence northerly along the said line between ranges one and two to the northern boundary of township forty-seven in range two west of the said third meridian, thence westerly along the northern boundary of township forty-seven in ranges two and three west of the said third meridian to the line between ranges three and four west of the said third meridian, thence northerly along the said line between ranges three and four to the line between town- ships seventy and seventy-one in the said system of survey, being the northern boundary of the provisional district of Sas- katchewan, thence westerly along the said northern boundary of the provisional district of Saskatchewan to the line between ranges thirteen and fourteen west of the said third meridian, thence southerly along the said line between ranges thirteen and fourteen to the line between townships forty-four and forty-five, being the twelfth base line in the said system of survey, thence easterly along the said base line between ranges four and five west of the said third meridian, thence southerly along the said line between ranges four and five to the line between townships forty-one and forty-two in the said system of 26 Sched. 1 LEGISLATIVE ASSEMBLY Cap. 2 15 survey, thence easterly along the said line between townships forty-one and forty-two to the eastern or right bank of the South Saskatchewan river and tbence northerly and easterly along the said eastern or right bank of the South Saskatchewan river with the stream to the place of beginning ; and such electoral district shall return one member. The electoral district of Battleford shall consist of that por- Battieford tion of the provisional district of Saskatchewan bounded on the east by the line between ranges thirteen and fourteen west of the third meridian in the Dominion lands system of survey; on the south by the line between townships thirty-four and thirty-five, being the ninth correction line in the said system of survey; on the west by the line between ranges ten and eleven west of the fourth meridian in the said system of survey; and on the north by the line between townships seventy and seventy-one in the said system of survey; and such electoral district shall return one meinber. The electoral district of Moose Jaw shall consist of that por- Moose jaw tion of the provisional district of Assiniboia bounded on the east by the line between ranges twenty-three and twenty-four west of the second meridian in the Dominion lands system of survey; on the west by the line between ranges seven and eight west of the third meridian in the said system of survey; on the south by the forty-ninth parallel of latitude being the Inter- national boundary line; and on the north by the line between townships thirty-four and thirty-five, being the ninth correc- tion line in the said system of survey; and such electoral dis- trict shall return one member. The electoral district of Maple Creek shall consist of that '^^p''= '^"■^^ portion of the provisional district of Assiniboia bounded on the north by the line between townships thirty-four and thirty- five, being the ninth correction line iri the Dominion lands System of survey; on the east by the line between ranges seven and eight west of the third meridian in the said systeni of survey; on the south by the forty-ninth parallel of latitude, being the International boundary line; and on the west by the fourth meridian in the said system of survey; and such electoral district shall return one member. The electoral district of Medicine Hat shall consist of that Medicme Hat portion of the provisional district of Assiniboia bounded on the north by the line between townships thirty-fous-and thirty- five, being the ninth correction line in the Dominion _ lands system of survey; oh the east by the fourth meridian in the said system of survey; on the south by the forty-ninth parallel of latitude, being- the International boundary line; and on the 27 16 Cap. 2 LEGISLATIVE ASSEMBLY Sched. 1 west by the line between ranges ten and eleven west of the said fourth meridian; and such electoral district shall return one member. Cardston The electoral district of Cardston siall consist of that por- tion of the provisional district of Alberta bounded on the east by the line between ranges ten and eleven west of the fourth meridian in the Dominion lands system of survey; and on the north, south and west as follows : Commencing at the in- tersection of the said line between ranges ten and eleven west of the fourth meridian with the line between townships five and six, thence westerly along the said line between townships five and six to its first point of intersection with the eastern or right bank of the St. Mary river, thence in a generally south- erly and westerly direction along the said bank of the St. I\Iary river against the stream to the intersection of the said bank of the St. Mary river with the most southern boundary of the Blood Indian Reserve produced easterly, thence westerly along the said production and along the said southern boundary of the Blood Indian Reserve to its intersection with the eastern or right bank of the Belly river, thence southerly along the said bank of the Belly river against the stream to the line between townships two and three, being the first correction line in the said system of survey, thence westerly along the said first cor- rection line to the eastern boundary of the Province of British Columbia, thence southerly along the eastern boundary of the Province of British Columbia to the forty-ninth parallel of latitude, being the International boundary line, and thence easterly along the said forty-ninth parallel of latitude to the aforesaid line between ranges ten and eleven west of the fourth meridian; and such electoral district shall return one mem- ber. Lethbridge The clectoral district of Lethbridge shall consist of that por- tion of the provisional district of Alberta bounded as follows; Commencing at the intersection of the line between townships sixteen and seventeen, being the fifth base line, with the line between ranges ten and eleven west of the fourth meridian in the Dominion lands system of survey, thence southerly along the said line between ranges ten and eleven to the line between townships five and six in the said system of survey, thence westerly along the said line between townships five and six to its first point of intersection with the eastern or right bank of the St. Mary river, thence in a generally northerly direction along the said bank of the St. Mary river with the stream to the confluence of the St. Mary river with the Belly river, thence crossing the said confluence to the northern or left bank of the Belly river, thence in a generally northerly direction along the said bank of the Belly river against the stream to 28 Sched. 1 LEGISLATIVE ASSEMBLY Cap. 2 17 its last point of intersection with the line between ranges twenty-two and twenty-three west of the said fourth meridian, thence northerly along the said line between ranges twenty- two and twenty -three to the northern boundary of township nineteen in the said system of survey, thence easterly along the said northern boundary of township nineteen to the western or right bank of the Bow river, thence southerly and easterly along the said bank of the Bqw river with the stream to its intersection with the aforesaid fifth base Une, and thence east- erly along the said baseline to the place of beginning; and such electoral district shall return one member. The electoral district of Macleod shall consist of that portion M.cieod of the provisional district of Alberta bounded as follows : Com- mencing at the intersection of the line between ranges twenty- two and twenty-three west of the fourth meridian with the line between townships fourteen and. fifteen, being the fourth correction line in the Dominion lands system of survey, thence southerly along the said line between ranges twenty-two and twenty-three to its first point of intersection with the north- ern or left bank of the Belly river, thence in a generally south- erly direction along the said bank of the Belly river with the stream to the confluence of the St. Mary river with the Belly river, thence crossing the said confiunece to the eastern or right bank of the St. Mary river, thence in a generally southerly direction along the said bank of the St. Mary river against the stream to the intersection of the said bank of the St. Mary river with the most southern boundary of the Blood Indian Reserve produced easterly, thence westerly along the said production and along the said southern boundary of the Blood Indian Reserve to its intersection with the eastern or right bank of the Belly river, thence southerly along the said bank of the Belly river against the stream to the line between town- ships two and three, being the first correction line in the Pro- vince of British Columbia to the aforesaid fourth correction said system of survey, thence westerly along the said first cor- rection line to the eastern boundary of the Province of British Columbia, thence northerly along the eastern boundary of the line and thence easterly along the said fourth correction line to the place of beginning; and such electoral district shall return one member. The electoral district of High River shall consist of that High River portion of the provisional district of Alberta bounded as fol- lows: Commencing at the intersection of the line between ranges twenty-two and twenty-three west of the fourth meri- dian with the line between townships fourteen and fifteen, being the fourth correction line in the Dominion lands system of survey, thence northerly along the said line between ranges twenty- 29 18 Cap. 1 LEGISLATIVE ASSEMBLY Sched'. 1 two and twenty-three to the northern boundary of township nineteen in the said system of survey, thence easterly along the said northern boundary of township nineteen to the western or right bank of the Bow river, thence in a generally northerly and westerly direction along the said bank of the Bow river against the stream to its intersection with the line between township twenty-two and twenty-three, being the sixth cor- rection line in the said system of survey, thence westerly along the said sixth correction line to the eastern boundary of the Province of British Columbia, thence southerly along the eastern boundary of the Province of British Columbia to the aforesaid fourth correction line and thence easterly along the said fourth correction line to the place of beginning; and such electoral district shall return one member. East The electoral district of east Calgary shall consist of that Calgary portlon of the provisional district of Alberta bounded on the east by the line between ranges ten and eleven west of the fourth meridian in the Dominion lands system of survey, on the north by the line between townships twenty-four and twenty-five, being the seventh base line in the said system of survey; and on the west and south as follows: Commencing at the inter- section of the said seventh base line with the line forming the eastern boundary of sections thirty-three, twenty-eight and twenty-one in township twenty-four range one west of the fifth meridian in the said system of survey, thence southerly along the said hne forming the eastern boundary of the said sections to the southern or right bank of the Bow river, thence easterly along the said bank of the Bow river with the stream to its intersection with the production northerly of the western limit of Centre street in the City of Calgary as shown on the regis- tered plan of the said city on file in the Land Titles Office in and for the South Alberta land registration district, thence southerly along the said production and along the said western limit of Centre street and its production southerly to its first point of intersection with the western or left bank of the Elbow river, thence southerly and westerly along the said bank of the Elbow river against the stream to its intersection with the northern boundary of the southerly tier of sections in the aforesaid township twenty-four in range one west of the fifth meridian, thence easterly along the said northern boundary of the said southerly tier of sections to the western or right bank of the Bow river, and thence in a generally southerly and easterly direction along the said bank of the Bow river With the stream to the line between townships sixteen and seventeen, being the fifth base line in the sfild systeni of survey and thence easteriy along the said fifth base line to the afotesaid line between ranges ten and elevefi west of the fourth meridian; aiid ^Uch electoral district shall retufii one mefnbef. 30 Sched. 1 LEGISLATIVE ASSEMBLY Cap, 2 19 The electoral district of West Calgary shall consist of that^^est^^ portion of the provisional district of Alberta bounded on the "^"'^ north by the line between townships thirty-two and thirty-three being the ninth base line in the Dominion lands system of sur- A^ey; and on the east, south and west as follows: Commencing at the intersection of the said ninth base line with the line be- tween ranges ten and eleven west of the fourth meridian in the said system of survey, thence southerly along the said line be- tween ranges ten and eleven to the line between townships twenty-four and twenty-five, being the seventh base line in the said system of survey, thence westerly along the said seventh base line to its intersection with the lihe forming the eastern boundary of sections thirty-three, twenty-eight and twenty-one in township twenty-four range one west of the fifth meridian in the sElid system of survey, thence southerly along the said line forming the eastern boundary of the said sections to the south- ern or right bank of the Bow river, thence easterly along the said bank of the BoW river with the stream to its intersection with the production northerly of the western limit of Centre street in the City of Calgary as shown on the registered plan of the said city on file in the Land Titles Office in and for the South Alberta land registration district, thence southerly along the said production and along the said western limit of Centre street and its production southerly to its first point of inter- section with the western or left bank of the Elbow river, thence southerly and westerly along the said bank of the Elbow river against the stream to its intersection with the northern bound- ary of the southerly tier of sections in the aforesaid township twenty-four in range one west of the fifth meridian, thence easterly along the said northern boundary of the said southerly tier of sections to the western or right bank of the Bow river, thence in a generally southerly direction along the said bank of the Bow river with the stream to the line between townships twenty-two and twenty-three, being the sixth correction line in the said system of survey, thence westerly along the said cor- rection line to the line between ranges three and four west of the said fifth meridian and thence northerly along the said line be- tween ranges three and four to the aforesaid ninth base line; and such electoral district shall return one member. The electoral district of Banff shall consist of that portion of Bans the provisional district of Alberta bounded on the north by the line between townships thirty-two and thirty-three, being the ninth base line in the Dominion lands system of survey; oii the east by the line between ranges three and four west of the fifth meridian in the said system of survey; and on the south and west as follows; Commencing at the intefsectiafl of the line between the said ranges three and foUf west of the fifth meri- dian with the line between townships tweuty-two and twcnty- 31 20 Cap. 2 LEGISLATIVE ASSEMBLY Sched. 1 three being the sixth correction line in the said system of sur- vey, thence westerly along the said sixth correction line to the eastern boundary of the Province of Britsih Columbia and thence northwesterly along the eastern boundary of the Pro- vince of British Columbia to the aforesaid ninth base line; and such electoral district shall return one member. Innisfail The electoral district of Innisfail shall consist of that por- tion of the provisional district of Alberta bounded on the north by the line between townships thirty-seven and thirty-eight in the Dominion lands system of survey; on the east by the line between ranges ten and eleven west of the fourth meridian in the said system of survey; and on the south and west as fol- lows : Commencing at the intersection of the said line between ranges ten and eleven with the line between townships thirty- two and thirty-three, being the ninth base line in the said sys- tem of survey, thence westerly along the said base line to the eastern boundary of the Province of British Columbia, thence westerly and northerly along the eastern boundary of the Pro- vince of British Columbia to the aforesaid line between town- ships thirty-seven and thirty-eight; and such electoral district shall return one member. Lacombe The electoral district of Lacombe shall consist of that portion of the provisional district of Alberta bounded on the north by the line between townships forty-three and forty-four in the Dominion lands system of survey; on the east by the line be- tween ranges ten and eleven west of the fourth meridian in the said system of survey; on the south by the line between town- ships thirty-seven and thirty-eight in the said system of sur- vey; and on the west by the eastern boundary of the Province of British Columbia; and such electoral district shall return one member. Wetaskiwin The electoral district of Wetaskiwin shall consist of that portion of the provisional district of Alberta bounded on the north by the line between townships forty-nine and fifty in the Dominion lands system of survey; on the east by the line be- tween ranges ten and eleven west of the fourth meridian in the said system of survey; on the south by the line between town- ships forty-three and forty-four in the said system of survey; and on the west by the eastern boundary of the Province of British Columbia; and such electoral district shall return one member. Strmthcona The electoral district of Strathcona shall consist of that portion of the provisional district of Alberta bounded on the south by the line between townships forty-nine and fifty in the Dominion lands system of survey; on the east by the line 32 Sched. 1 LEGISLATIVE ASSEMBLY Cap 2 21 between ranges ten and eleven west of the fourth meridian in the said system of survey; and on the north and west as fol- lows : Commencing at the intersection of the said line between ranges ten and eleven with the line betwen townships fifty- three and fifty-four in the said system of survey, thence wester- ly along the said line between townships fifty-three and fifty- four to its intersection with the eastern or right bank of the Sas- katchewan river, thence in a generally southerly and westerly direction along the said bank of the Saskatchewan river against the stream to its intersection with the aforesaid line be- tween townships forty-nine and fifty; and such electoral dis- trict shall return one member. The electoral district of Victoria shall consist of that portion Victoria of the provisional -district of Alberta bounded on the east by the line between ranges ten and eleven west of the fourth meridian in the Dominion lands system of survey ; on the south by the line between townships fifty-three and fifty-four in the •said system of survey ; and on the west and north as follows : Commencing at the intersection of the said line between town- ships fifty-three and fifty-four with the eastern or right bank of the Saskatchewan river, thence in a generally northerly and easterly direction along the said bank of the Saskatchewan river with the stream to its intersection with the line between ranges nineteen and twenty west of the said fourth meridian; thence northerly along the said line between ranges nineteen and twenty to the line between township seventy and seventy- one in the said system of survey, being the northern boundary of the provisional district of Alberta, thence easterly along the said line between townships seventy and seventy-one to the aforesaid line between ranges ten and eleven west of the fourth meridian ; and such electoral district shall return one member. The electoral district of Edmonton shall consist of that Edmonton portion of the provisional district of Alberta bounded as fol- lows : Commencing at the intersection of the line between town- ships seventy and seventy-one in the Dominion lands system of survey, being the northern boundary of the provisional district of Alberta with the line between ranges twenty-four and twenty-five west of the fourth meridian in the said system of survey, thence southerly along the said line between ranges twenty-four and twenty-five to the north-east corner of section thirteen, in township fifty-four, range twenty-five west of the said fourth meridian, thence westerly along the northern boundary of the said section thirteen in the said township and range to its intersection with the eastern boundary of river lot fifty-nine in the St. Albert settlement, thence in a generally westerly and southerly direction along the southern and eastern boundaries of river lots fifty-nine, fifty-eight, fifty-seven, fifty- 33 22 Cap. 2 LEGISLATIVE ASSEMBLY Sched. 1 six, and of river lots forty-one to fifty-five inclusive in the said St. Albert settlement to the eastern shore of Big Lake, thence southerly and westerly along the said eastern shore and the southern shore of Big Lake to the intersection of the latter with the central east and west section boundary in township fifty- three range twenty-six west of the said fourth meridian, thence westerly along the central east and west section line in town- ship fifty-three across the several ranges in the said system of survey to the eastern boundary of the Province of British Columbia, thence southerly along the eastern boundary of the Province of British Columbia to the line between townships forty-nine and fifty in the said system of survey, thence easterly along the said line betwen townships forty-nine and fifty to its intersection with the eastern or right bank of the Saskatchewan river, thence in a generally northerly and easterly direction along the said bank of the Saskatchewan river with the stream to its intersection with the line between ranges nineteen and twenty west of the said fourth meridian, thence northerly along the said line between ranges nineteen and twenty to the afore- said northern boundary of the provisional district of Alberta and thence westerly along the said northern boundary of the provisional district of Alberta to the place of beginning; and such electoral district shall return one member. St Albert The electoral district of St. Albert shall consist of that por- tion of the provisional district of Alberta bounded on the north by the line betwen townships seventy and seventy-one in the Dominion lands system of survey, being the northern boundary of the provisional district of Alberta; and on the east, south and west as follows : Commencing at the intersection of the said northern boundary of the provisional district of Alberta with the line between ranges twenty-four and twenty-five west of the fourth meridian in the Dominion lands system of survey, thence southerly along the said line between ranges twenty four and twenty-five to the north-east corner of section thir- teen in township fifty-four range twenty-five west of the said fourth meridian, thence westerly along the northern boundary of the said section thirteen in the said township and range to its intersection with the eastern boundary of river lot fifty-nine m the St. Albert settlement thence in a generally westerly and southerly direction along the southern and eastern boundaries of river lots fifty-nine, fifty-eight, fifty-seven, fifty-six and of river lots forty-one to fifty-five inclusive in the said St Albert settlement to the eastern shore of Big Lake, thence southerly and westerly along the said eastern shore and the southern shore of Big Lake to the intersection of the latter with the central east and west section boundary in township fifty-three range twenty-six west of the said fourth meridian, thence westerly along the central east and west section line in town- 34 Sched. 1 LEGISLATIVE ASSEMBLY Cap 2 23 ship fifty-three across the several ranges in the said system of survey to the eastern boundary of the Province of British Columbia and thence north-westerly and northerly along the eastern boundary of the Province of British Columbia to the aforesaid northern boundary of the provisional district of Al- berta; and such electoral district shall return one member. Am. 1902, c. 2, s. 3. 35 Cap. 3 ELECTIONS ORDINANCE. S. 1 T CHAPTER 3. An Ordinance Respecting Elections. HE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : SHORT TITLE. Short title Writ, date of issue and return Returning o£Bcer Refusal or inability to act Proviso 1. The Ordinance may be cited as "The tions Ordinance." CO., c. 3, s. 1. ISSUE OF WRIT. Territories Elec- Day and place of nomination to be named in writ At general election day to be same in all districts 10 and not less than 12 days to elapse between date of writ and nomination 2. Every writ for the election of a member of the Legislative Assembly shall be dated and shall be returnable on such day as the Lieutenant Governor determines ; and shall be addressed by the Clerk of the Executive Council to such resident elector of the electoral district in which the election is to be held as the Lieutenant Governor appoints; and such person shall be the returning officer at the election to which such writ relates : Provided always that if the person to whom the writ has been addressed refuses or is unable or unqualified to act, he shall (under penalty hereinafter provided) forthwith after the receipt of such writ notify the Lieutenant Governor by the most speedy means available of such inability or refusal or want of qualification, when the Lieutenant Governor may order another writ to issue or may appoint some other resident elector as returning of&cer who shall act under the writ already is- sued : Provided also that no election shall be declared void if the person to whom the writ is addressed acts thereunder as re- turning officer on the ground that such person is not a resident elector of the district or is otherwise disqualified to act as re- turning officer. CO., c 3, s. 2. . 3. The Lieutenant Governor shall fix the day and locality for the nomination of candidates at such election ; and the day and locality so fixed shall be specified in the writ of election for that electoral district : Provided always that in the case of a general election the day so fixed shall be the same in the case of every electoral district except that it may be varied when rendered necessary under any other provisions of this Ordinance : Provided further that there shall be an interval of [not less than ten and not more than twelve days] between the date of the writ and the day of nomination mentioned therein. CO., c. 3, s. 3; 1899, c 3, s. 2. 3G s. 7 (3) ELECTIONS ORDINANCE Cap. 3 [3a. As soon as the day and the several localities for the nomination of candidates have been fixed as in the next preced- ing section provided, the Clerk of the Executive Council shall direct publication of a notice in form E in schedule 2 to this Ordinance lo be made once in each week betvi^een the date of the writs of election and the day fixed for the nominations in every newspaper printed and published in the Territories and in such other newspaper circulating within the Territories as he may be directed so to do by the Lieutenant Governor : Provided that it shall not be obligatory to direct publication of such notice in any newspaper which is not printed and published or if printed is not published or if published is not printed within the limits of any electoral district in which an election may not have been ordered.] 1899, c. 3, s. 3. Advertise- ment o£ notice of election 4. The writs of election shall be in form A in schedule 2 tq this Ordinance and shall be transmitted by registered letter by* the Clerk of the Executive Council addressed to the respective returning of&cers, unless otherwise ordered by the Lieutenant Governor. CO., c. 3, s. 4. Form of writ How to be transmitted RETURNING OFFICER. 5. The returning of&cer shall on receiving the writ of elec- tion forthwith indorse thereon the date on which he received the same; and before taking any further action thereon ha shall take the oath of of&ce in form B in schedule 2 to this Ordinance. CO., c. 3, s. 5 ; 1899, c. 3, s.4. Indorsement of receipt of writ Oath of office 6. The returning of&cer by a warrant under his hand and in t° appoint an form C in schedule 2 to this Ordinance shall appoint an elec- tion clerk and may at any time during the election appoint in the same manner another election clerk if the one so appointed resigns or is unable to perform his duties as such clerk. CO., c. 3, s. 6. 7. The election clerk shall assist the returning officer in the Duties of performance of his duties and act in his stead as returning of6.cer whenever the returning of&cer after appointing such election clerk refuses or is unable to perform his duties or ad- mits his want of qualification and has not been replaced by an- other. (2) All the provisions of this Ordinance in regard to return- ^''eie^tfo^'''^ ing ofticers shall apply to election clerks acting as returning clerks acting of&cers. as returning officers (3) The returning officer or election clerk shall not act as deputy returning officer or poll clerk in any polling division. CO., c. 3, s. 7. 37 Cap. 3 ELECTIONS ORDINANCE S. 8 Oath of election clerk 8. The election clerk before acting as such shall take the oath of office in form D in schedule 2 to this Ordinance before the returning officer or any person authorised to administer an oath within the Territories. CO., c. 3, s. 6 ; 1899, c. 3, s. 5. Penalties 9. The election clerk when acting for or in the stead of thel returning officer shall be subject to like penalties as the return- ing officer for violating any of the provisions of this Ordinance ; but this shall not relieve the returning officer from any penal- ties provided to which he may render himself liable. CO., c. 3, s. 9. POLLING DIVISIONS. 10. The returning officer shall with all reasonable speed after receiving the writ of election — Polling divisions Proviso 1. (Repealed). 2. Subdivide tne electoral district into as many polling divisions as he deems necessary for the convenience of electors and number them consecutively and give to each a distinctive number : Provided always that no such polling division shall have a; greater voting population than 200: Provided further however that if the polling division should include a greater number of voters than 200 the fact shall not be held to invalidate the poll held in that polling division ; nor shall it render the returning officer liable to a penalty unless it can be shown that one or more duly qualified voters have been deprived of the opportunity to vote by reason of such larger number of voters having been included within the polling division. Buildings for polling places [3. Secure and prepare a suitable and conveniently situated building for use as a polling place in each polling division.! C0.,c.3, s. 10;1899, c.3, s. 6. School houses may be used for polling places Rent of school house Division of district into 11. The returning officer is hereby vested with authority td take and use as a polling place any school house the property of any public or separate school district organized by virtue of any Ordinance of the Territories, if such school house is con- venient for that purpose. (2) The school district shall be paid for the use of the school house such sum as the Lieutenant Governor in Council may allow. CO., c. 3, s. 11. [12. At least seventy-two hours before the hour fixed in the 38 14 (2) ELECTIONS ORDINANCE Cap. 3 writ for the nomination of candidates the returning officer shall subdivide the electoral district into polling divisions as pro- vided for in section 10 of this Ordinance; and shall provide and cause a certified copy of the list of such polling divisions with a full description of each to be posted in a conspicuous position outside and adjoining the main entrance to the build- ing in which the nomination is to be held and in such a manner that it may be seen and distinctly read ; and shall on demand in writing of any elector at all reasonable times within the said period of seventy-two hours permit such elector to examine the original list of polling divisions and make such extracts there- from as may be desired.] 1899, c. 3, s. 7. 13. If a demand is made upon the returning officer in writ- ing at any time [up to six o'clock (standard time) of the day upon which the nominations are held] for any additional pol- ling subdivision (the polling place of which shall be named in the request and which shall not be within twenty miles of any polling place already appointed), the returning officer shall set apart as nearly as may be such proposed polling sub- division and appoint the polling place thereof. [(2) The person making such demand as aforesaid shall file with the returning officer a statutory declaration stating thali there are at least ten resident electors within the limits of the proposed additional polling subdivision. (3) In every such case the returning officer shall forthwith deliver to each candidate in nomination a description of such polling division with the polling place appointed.] CO., c. 3, s. 13; 1899, c. 3, s. 8. polling divisions List of polling divisions Additional polling places POSTPONEMENT OF NOMINATION. [14-. Whenever after being nominated any candidate dies Nomination before the close of the polls the returning officer on production po^^^po^ed by to him of satisfactory evidence of the fact shall take any step ^«^^™'"g necessary to stop all proceedings commenced and call for new nominations forthwith, at least five and not more than seven days' advice thereof being given by notice posted up in three conspicuous and public places in the locality where the nomin- ations are ordered to be made and by delivering a copy of such notice to each living candidate nominated at the first nomina- tions. (2) In every such case the returning officer shall forthwith make to the Clerk of the Executive Council a special and full report under oath of the causes which occasioned the postpone- ment of the election.] 1899, c. 3, s. 9. 39 Cap. 3 ELECTIONS ORDINANCE S. 15 Time and manner of nomination Vote for person not nominated Nomination papers Consent of candidate Deposit of $100 NOMINATION. 15. At any time after the date of the writ of election and before twelve o'clock noon (standard time) of the day fixed for the nomination, any four or more electors may nominate a candidate by signing before any person authorized to admin- ister oa)ths within the Territories or before the returning officer and causing to be filed with the returning officer a nomination paper in form F in schedule 2 to this Ordinance : and any vote- given at the election for any person other than a candidate so nominated shall be null and void. CO., c. 3, s. 15. 16. A nomination paper shall not be valid or be acted upon by the returning officer unless — (a) It is accompanied by the consent in writing of the person therein nominated (except when such person is absent from the electoral district when such absence shall be stated in the nomination paper) ; and (6) A sum of $100 is deposited in the hands of the return- ing officer at the time the nomination paper is filed with him. Receipt for nomination paper. (2) The returning officer shall (the foregoing requirements of this section being complied with) give his receipt for the nomination paper ; and the said receipt of the returning officer shall in every case be sufficient evidence of the productioi of the nomination paper, of the consent of the candidate and of the payment herein mentioned. How deposit (3) The returning officer shall accept the sum of money may be made, hereinbefore mentioned if it is tendered — In gold coin ; In Dominion of Canada notes ; In the notes of any bank chartered by the Parliament of Canada which at the time is redeeming its notes on demand : or Partly in one and partly in another or others of the description of moneys herein mentioned; but he will not be obliged to accept such tender if any part of it consists of other descriptions of money than that herein specified. (a) (b) (c) id) Condition upon which deposit may be returned. (4) The sum so deposited by any candidate shall be returned to him in the event of his being elected or of his obtaining a number of votes at least equal to one-half the number of votes polled in favour of the candidate elected as decided in the final count. Forfeiture of deposit (5) If such candidate has not obtained the number of votes 40 s. 20 ELECTIONS ORDINANCE Cap. 3 in the next preceding subsection mentioned, the said deposit shall be transmitted by the returning officer to the Clerk of the Executive Council and by him deposited to the credit of the general revenue fund of the Territories. CO., c. 3, s. 16. NOMINATION PEOCEEDINGS. 17. Every returning officer shall on the date of nomination and at the place fixed as aforesaid proceed to the hustings (which shall be at such a place that all the electors may halve free access thereto) and at the hour of eleven of the clock (standard time) in the forenoon shall read or cause to be read publicly the writ of election; and shall forthwith read in an audible voice the nominations which he has received and from time to time until twelve o'clock of the day (standard time) shall so read further nominations as he receives them. CO., c. 3, s. 17. Procedure of hustings. 18. At the hour of twelve o'clock (standard time) the re- turning officer shall declare the nominations closed and shall announce in an audible voice the names of the several candi- dates. CO., c. 3, s. 18. Closing nominations 19. If at the close of the hour for receiving nominations Procedure only one candidate for the vacancy to be filled remains in ^^'jfj';j°^"Jf °"° nomination, the returning officer shall then and there — nominated. 1. Declare the said candidate duly elected; 2. Give such candidate or any agent of such candidalte if the candidate is not present a certificate that such candidate has been duly elected ; 3. Forward to the Clerk of the Executive Council the writ of election together with a certificate in writing declaring such •candidate duly elected and all ballot boxes, poll books and other books, forms, seals, materials and things sent to him td be used in the election and which have not been used. CO., c. 3, s. 19. 20. If at the close of the hour for; receiving nominations more than one candidate for the vacancy to be filled remains in nomination, the returning officer shall announce the day, upon which a poll will be held and the day, hour and place at which the ballots will be counted which must not be more than eight days after the polling; and shall deliver to every candi- date or to any person authorized in writing by the candidate or any of his nominators to act in his behalf a list of the candi- 41 Procedure when more than one candidate nominated Cap. 3 ELECTIONS ORDINANCE s. 20 dates nominated with the colour assigned to each as specified in section 4 of schedule 1 to this Ordinance. [(3) Colours should be assigned to candidates in the order set forth in the said schedule in the order of nomination.] CO., c. 3, s. 20; 1899, c. 3, s. 10. Candidate may withdraw his nomin- ation but will forfeit his deposit 21. Any candidate nominated may withdraw at any time after his nomination and before the closing of the poll by filing with the returning officer a declaration in writing to that effect signed by himself; and any votes cast for a candidate whd shall have so withdrawn shall be null and void, and in case after such withdrawal there should remain only one candidate for the vacancy to be filled then it shall be the duty of the re- turning officer to forthwith return as duly elected the candi- date so remaining and to proceed as directed in section 19 hereof : Provided always that if a candidate withdraw at any time after his nomination he shall forfeit the money deposited by him and the returning officer shall transmit the same to the Clerk of the Executive Council as provided in section 16 here- of. CO., c. 3, s. 21 . PROVIDING FOR THE POLLING. Date and hours of polling Proviso in ease of Electoral District of Kinistino 22.. Whenever a poll has been granted it shall be held on the [twenty-first day after the date of the writ] and shall be opened at nine of the clock in the forenoon (standard time) and kept open until five of the clock in the afternoon (stand- ard time) of the same day ; and the votes at the several polling stations shall be given between the said hours of that day. [Provided that in that portion of the electoral district of Kinistino lying east of range ten west of the second meridian and that portion lying north of township forty-nine the poll shall be held on the thirty-fifth day after the said date of writ.] CO., c. 3, s. 22 ; 1899, c. 3, s. 11 ; 1902, c . 3, s . 1 . Election notices 23. Immediately after [the expiration of six hours from the hour at which the nominations closed the returning officer shall finally complete the subdivision of the electoral district into polling divisions; and shall cause to be posted with all reasonable speed at the main entrance to each building to be used as a polling station] and at least two days before the day of voting an election notice setting forth the following informa- tion: 1. The names of the several candidates with the name of the colour assigned to each, which colours shall be assigned to the candidates in order of nomination, the order being that specified in section 4 of schedule 1 hereto ; 42 s. 26 (3) ELECTIONS ORDINANCE. Cap. 3 8 2. The number, name, boundaries and polling place of each polling division as finally amended ; 3. The name of the deputy returning officer for each polling division ; 4. The day and hours of the day on which votes will be received ; 5. The day, hour and place at which the votes will be counted and the return declared. CO., c. 3, s. 23 ; 1899, c. 3, s. 12. 24. The returning officer shall also cause to be posted up informatioi near to Bie aforesaid election notice copies of form G in sche- to electors dule 2 to this Ordinance containing informaton to electors. CO., c. 3, s. 24. DEPUTY RETURNING OFFICERS. 25. For the purpose of taking the votes at an election, the returning officer shall by writing over his signature appoint a deputy returning officer for each polling division (who shall be an elecfor of the district) and shall thereby require the deputy returning officer to open and hold the poll in such divi- sion at the time and place fixed in the election notice and ac- cording to the provisions of this Ordinance. (2) Every deputy returning officer shall before acting as such take and subscribe before the returning officer or any person authorized to administer oaths within the Territories the oath in form H in schedule 2 to this Ordinance. CO., c. 3, s 25; 1899, c. 3, s. 13. Appointment of deputy returning officers. Oath of deputy returning officers. 26. The returning officer shall cause to be supplied to each deputy returning officer at least one day before polling day (he books, ballots, ballot boxes, coloured pencils, stamps ana other material necessary under this Ordinance to the taking of a poll and shall take the receipt of the deputy returning officer therefor. Election materials to be supplied to deputy returning officers. (2) The articles above mentioned may be sent by special Transmission messenger who shall act for the returning officer and for °^ material whose actions the returning officer shall be responsible as though the said actions were performed by himself. (8) The articles mentioned in this section and all other Supplies to be articles necessary to the taking of a vote at an election under ^^ l^^^^i^^ this Ordinance shall be of the description given in schedule 1 43 Gap. 3 ELECTIONS ORDINANCE 26 (3) Forms to be provided. Provision if supplies not received at opening of poll. Poll clerk, duties and oath. Deputy returning officers and poll clerks to be constables Place for polling Proclamation and information to electors to be posted. to this Ordinance unless otherwise herein provided; or if pro- vision has not been so made they shall be of such form as the Lieutenant Qovernor in Council may direct. (4) A sufficient number of the forms and articles pre- scribed by this Ordinance as may be necessary shall be fur- nished by the Clerk of the Executive Council to each return- ing officer for distribution to the several officers whose duties as defined by this Ordinance require their use. (5) In case any of the copies of notices, statements or other forms or articles (such as poll books, ballot boxes, bal- lots, envelopes, pencils or other materials required under the provisions of this Ordinance) are not available or are likely not to be available for use at the time and place required by this Ordinance, it shall be the duty of the returning officer, election clerk, deputy returning officer or poll clerk (as the case may be) to provide such copies of the necessary notices, statements or Other forms or articles (such as poll books, bal- lot boxes, ballots, envelopes, pencils or other materials) as may be required at the time and place in which he is required to act under the provisions of this Ordinance as nearly as may be according to the directions given in this Ordinance and schedule 1 hereto. CO., c. 3, s. 26 ; 1899, c. 3, s. 14. 27. The deputy returning officer shall before the hour for opening the poll on the election day appoint over his signature a poll clerk to assist him in taking the votes or to act in his stead if necessary with all the powers and liabilities of the deputy returning officer, who before acting as such shall take the oath in form I in schedule 2 to this Ordinance before the deputy returning officer, the returning officer or any person authorized to administer oaths within the Territories. (2) Each deputy returning officer and poll clerk appointed under this Ordinance shall be a constable during the day of polling. CO., c. 3, s. 27; 1899, c. 3, s. 15. 28. The deputy returning officer shall prepare a polling place suitable for the purposes of this Ordinance within the building mentioned in the [election notice provided for in sec- tion 23] if that is practicable and if not then as nearly thereto as may be ; and shall truly inform any elector inquiring of him the locality oi such polling place ; and at least one bour before the opening of the poll shall cause to be posted conspicuously (both outside and inside the building to be used as a polling place) copies of the [said election notice] and information to the electors provided in form G in schedule 2 to this Ordinance and also the names of himself and his poll clerk. CO., c. 3, s. 28; 1899, c. 3, s. 16. 44 s 31 (3) ELECTIONS ORDINANCE Cap. 3 10 29. The deputy returning officer or his poll clerk shall Procedure at (within five minutes before the time appointed for opening the poii"'"^ ° poll) publicly and audibly announce the time ot day and shall show the ballot box to the candidates, their agents or scruti- neers or (in their absence) to any electors present who may claim to act for any of the candidates, so that they may see Ballot box to that it is empty ; and he shall then in their presence lock the and'Sed.'* box and place his seal upon it in such a manner as to prevent its being opened without breaking the seal; and shall allow the persons permitted hereunder to remain in the outer room ot the polling place to affix their seals ; and he shall then place che box in view of all those present and shall keep it locked and sealed. (2) After locking and sealing the ballot box he shall then Opening (in presence of the candidaltes, their agents or scrutineers or in package with their absence in the presence of any electors present who may claim to act for any of the candidates) after the same has been examined by them break the seal on the packet containing the stamp to be used by the deputy returning officer in marking the outside of the ballot papers ; and he shall then and there enter in the poll book any objections made to the hour of open- ing or to the place of polling or to the arrangements of the polling place demanded to be entered either by a candidate or his agent or by any elector. CO., c. 3, s. 29. stamp. Objections. POLLING PLACE. 30. The polling place shall have an outer room suitable Outer and for the accommodation of the persons and things required for '°"®'' ^°°'"^- taking the vote under this Ordinance and (opening therefrom) an inner room in which the voter may mark his ballot screened from all observation: Provided that where it is difficult or impossible to secure Division of two rooms as required a single room divided by a screen or s°°e™n. ^ curtain so that the interior of the two parts shall be complete- ly hidden from each other shall be sufficient CO. c. 3, s. 30. 31. In the outer room shall be kept the poll book and bal- lot box. Poll book and ballot box to be kept in outer room. (2) The poll book shall be open to inspection on demand of inspection of any candidate, agent or scrutineer for a reasonable time for p°'1 ^°°^- the purpose of checking an entry. (3) The ballot box shall be kept in a conspicuous position p^giji^jj ^f during the voting so that the scrutineers may see the ballots ballot box. as they are dropped in ; and it shall not during such voting be touched by any person except the deputy returning officer or 45 ii Cap. 3 ELECTIONS ORDINANCE s. 31 (3) Persons who may Jiave access to inner room. ■Contents of inner room. Pencils, their colour and number, and the manner in which they are to be dealt with during the polling. Inspection of inner room. poll clerk acting for him and only touched by him in such manner that the candidates, their scrutineers or agents can ob- serve it if present. CO., c. 3, s. 31. 32. Except as hereinafter provided no person shall have access to the inner room but the voter who is engaged in mark- ing his ballot. CO., c. 3, s. 32. 33. In the said inner room of the polling place there shall be a table suitable for use in marking ballots ; and there shall be posted on the walls a copy of the inforriiation to electors pro- vided in form G in schedule 2 to this Ordinance and a copy of the election notice provided in section 23 of this Ordinance. CO., c. 3, s. 33. 34. A pencil of the colour assigned to each candidate ac- cording to the election notice provided for in section 23 of this Ordinance shall be furnished; and the full name of the can- didate shall be marked plainly on the pencil of the colour which has been assigned to him according to the said election notice ; and each of such pencils shall be handed by the deputy returning officer to the voter for the purpose of enabling him to mark his ballot paper as provided in section 48 of this Or- dinance; and the voter shall with his ballot paper and before the said ballot paper is placed in the ballot box return to the deputy returning officer each of the said pencils. CO., c. 3, s. 34. 35. On demand any candidate, agent or scrutineer shall be allowed to inspect the inner room of the polling place in the presence of the deputy returning officer or poll clerk ; but such inspection may only be made when the said inner room is not occupied by a voter. CO., c. 3, s. 36. Note eif inspection to be made in poll book. 36. The deputy returning officer shall forthwith enter in the poll book — (a) The time of inspection ; (b) The name of the person demanding it ; and (c) Any remarks regarding it that the person inspecting may require the deputy returning officer to record. CO., c. 3, s. 36. AGENTS AND SCRUTINEERS. Agents of candidates at polling places. 37. Every candidate shall be entitled to be represented at each polling place by an ag'ent who shall produce to the dep- uty returning officer his appointment as agent signed by the candidate or (in case of his absence from the Territories) by two of the electors nominating such candidate, which shall be filed by the returning officer. 46 s. 41 ELECTIONS ORDINANCE Cap. 3 12 (2) The agent so appointed shall have the right to ap- Appointment point over his signature one or more but not exceeding five "^ scut'neers. scrutineers on behalf of his principal. CO., c. 3, s. 37. 38. In addition to the deputy returning officer and his poll Persona who clerk, each candidate, his agent and one of his scrutineers or outer room of in the absence of the agent two scrutineers, an interpreter (if P°"'n& pi^ce. one is required) during the time for which his services are re- quired and no longer, a peace officer if his services are re- quired and not otherwise, and the voter actually engaged in voting, and no others, shall be permitted to remain in the outer room o'f the polling place. CO., c. 3, s. 38. QUALIFICATION OF VOTERS. 39. The persons qualified to vote at an election for the Legislative Assembly shall be the male British subjects by birth or naturalization (other than unenfranchised Indians) who have attained the full age of twenty-one years, who have resided in the North-West Territories for at least the twelve months and in the electoral district for at least the three months respectively immediately preceding the time of voting. Qualifications of voters. (2) Except as hereinafter provided, an elector may only Electors to vote at the polling place of the polling division in which he is yote where a resident at the time of voting. CO., c. 3, s. 39. VOTING. 40. When a person claiming to be entitled to vote presents himself for the purpose of voting between the hours of nine o'clock in the forenoon and five in the afternoon of the polling day, the deputy returning officer shall without unnecessary delay cause him to be admitted to the outer room of the polling place and shall further proceed as follows : Procedure when elector presents himself to vote. tl. He shall ask from the person desirous of voting — (a) His full name ; (6) His occupation; (c) His place of residence ; and shall 2. Cause the answer (which must be made in a voice audi- ble to the scrutineers in the polling place, unless the person be dumb) to be entered in their proper places in the poll book which shall be kept in form J in schedule 2 to this Ordinance ; 3. The name of each voter or person tendering a vote shall be numbered consecutively. CO., c. 3, s. 40. 41. A scrutineer or person acting as such may order the 47 Voter may ba 13 required to RuDScribe to Statement No. 1 Voter may be required to subscribe to Statement No. 2. Record o£ statements made in poll book. Cap. 3 ELECTIONS OEDINANCE s. 41 deputy returning officer to require any person tendering a wte to subscribe to statement No. 1 contained in form K of sche- dule 2 to this Ordinance after it has been read to him m an audible voice. CO., c. 3, s. 41. 42. A scrutineer or person acting as such may order the deputy returning officer to require any person tendering a vote to subscribe to statement No. 2 contained in form K of sche- dule 2 to this Ordinance after it has been read to him in an audible voice. CO., c. 3, s. 42. 43. If a person tendering a vote is required to sign a state- ment and does so, the poll clerk shall enter in the poll book after his name and residence the number of the statement made and the name of the person at whose request it was required to be made. CO., c. 3. s. 43. statements to be filed. 44. All statements made under sections 41, 42, 50 and 52 shall be filled by the deputy returning officer. CO., c. 3, s. 44. Refusal to subscribe statement. 45. If a person who desires to vote refuses or fails to sign a statement when required to do so the poll clerk shall write after the entry of his name and place of residence in the poll book the words "Eefused statement No." (giving the number of the statement refused by him) and the name of the person at whose request he was required to sign such statement ; and the person so refusing or failing to sign such statement shall at once leave the polling place and hot enter it again and shall not be allowed to vote at that polling place. CO., c. 3, s. 45. statement of marksman. 46. If the person required to sign a statement is unable to sign his name, he shall make his mark which shall be certified by the signature of the deputy returning officer. CO., c. 3, s. 46. Interpreter may be employed. Oath. 47. If the person desiring to vote is unable to understand the English language tne deputy returning officer shall enter a remark to that effect opposite his name in the poll book and may allow him to retire from the polling place until a compe- tent interpreter can be procured who shall (after taking the oath provided in form L of schedule 2 to this Ordinance before the deputy returning officer) interpret the proceedings to each voter in whose case he is employed. Entry in poll book. (2) When an interpreter is employed his name shall be entered in the poll book with the particulars of the case in which he acted and any objections that may be made by any of the scrutineers or persons acting as such. CO., c. 3, s. 47. 48 s. 48 (5) ELECTIONS ORDINANCE Cap. 3 14 48. If a person desirous of voting is not required to sign a statement or after he has done so the deputy returning officer or the poll clerk (if he is acting as deputy returning officer) shall — (a) "Write his own initials and make an impression with the stamp provided for that purpose on the back of one of the ballot papers provided according to this Ordinance ; (b) Hand such ballot paper to the voter together with all the pencils for marking the same provided for in section 34 of this Ordinance; (c) Inform the voter in an audible voice of the names of the candidates and the colour which represents each candidate; and (d) Direct the voter to go into the inner room and mark the front of the ballot paper (or the face other than that on which the initials of the deputy returning officer and the mark of the stamp appear) in the form of an X with the pencil the colour of which represents the candidate for whom he desires to vote and fold it according to the crease which appears in it so that the said initials shall be on the outside and the mark made by the voter shall be on the in- side, first wetting the mucilage so that the ends so brought together shall stay fastened. Initialing of ballot paper by deputy returning officer. Voter to receive ballot paper and pencils. Directions to voter. (2) The voter shall then go into the inner room of the polling place and shall mark his ballot ; and after complying with the directions of the deputy returning officer shall return to the outer room and hand his ballot together with the afore- said pencils to the deputy returning officer, who shall (subject to the provisions of sections 49, 50 and 52) in plain view of the scrutineers drop the ballot into the ballot box. Marking ballot by voter. (3) If any voter hands to the deputy returning officer any -^vhen ballot ballot marked on the outside with another mark than the said returned is initials and stamp, the deputy returning officer shall immedi- issued^^y ately destroy the same and the said voter shall not be allowed deputy to vote at that polling place. officer. (4) The voter shall leave the polling place as soon as his voter then to ballot has been placed in the ballot box and shall not enter it '®^'*'^- again unless in the discharge of some of the duties provided for in this Ordinance. (5) The poll clerk shall write the word "Voted" in the poll book after the name and place of residence of every person who has voted as soon as his ballot has been deposited. CO., c. 3, s. 48. 49 Entry in poll book. 16 Cap. 3 ELECTIONS ORDINANCE s. 4y Voter may be charged with illegal Toting. Notice to answer charge. 49. When a person voting has been required to sign a state- ment and has signed it, the deputy returning officer before re- ceiving from him his marked ballot shall (if so requested by any person acting as scrutineer of any candidate) serve such person with a notice in the form M in schedule 2 hereto to appear at a time and place to be named in the notice to answer to a charge of having voted contrary to the provisions of this Ordinance ; and shall give a copy of such notice to the person or persons so requiring such notice to be served. (2) The said notice may be given on behalf of one or more candidates. Time for appearance to answer charge. Disposition of ballot in such (3) The time appointed in such notice for such appear- ance shall not be less than two days after the polling day. (4) After serving the notice provided in the preceding sub- sections the deputy returning officer shall- (a) (f>) (c) (d) (e) Eeceive the ballot of the person desiring to vote ; Place it in an envelope ; Securely seal the envelope; Write upon it the name and place of residence of the person and his number as it appears in the poll book, the name and number of the polling place and his own name in full and shall then Deposit it in the ballot box. Entry in poll book. (5) The poll clerk shall enter in the poll book (in the next line below the particulars hereinbefore provided regarding the voter) a statement of — (a) His having been served with such notice ; {b} The name of the person or persons at whose request the notice was served; (c) The name of the candidate or candidates on whose behalf he or they were acting ; and (d) The place, day and hour where the person is re- quired to appear. CO., c. 3, s. 49. Vote of election officers, how taken. 60. Any deputy returning officer, poll clerk, candidate, agent or scrutineer who is resident in a polling division other than the one at which he is stationed on the polling day shall be permitted to vote at the polling station where he is so stationed provided he produces a certificate of his authority to act in such capacity from the returning officer, deputy return- ing officer, candidate or agent of a candidate (as the case may be) having authority under this Ordinance to appoint him and after signing statement No. 3 prescribed in form K of schedule 2 to this Ordinance ; and a note shall be made of the particulars in the poll book opposite the voter's name. 50 s. 63 ELECTIONS ORDINANCE. Cap. 3 16 (2) On the demand of any scrutineer or person acting as Statement No. 2 such any of the persons mentioned in this section applying to if requkeT' ^ vote shall be required to subscribe to statement No. 2 of said form K before being allowed to vote. (3) The provisions of section 49 shall apply to cases pro- Emotion vided for in this section. CO., c. 3, s. 50. char'ged"mth^ illegal voting. 51. In case of an application by a person claiming to be entitled to vote who is incapacitated by blindness or other physical cause from marking his ballot paper, the deputy re- turning officer shall in the plain view of the candidates or their agents or scrutineers (if present) cause the vote of such person to be marked on a ballot paper for the candidate directed by such person and shall cause the ballot paper to be placed in the ballot box ; and shall make a statement of the fact including the name of the candidate for whom the vote was cast opposite the voter's name on the poll book. CO., c. 3, s. 51. Vote of person unable to mark. 52. If a person representing himself to be a particular Person elector whose name already appears in the poll book as having ^"je^'name"*^ voted or as having refused to sign a statement applies to vote already voted, unless the deputy returning officer is aware that the person who already presented himself to vote in that name had a right to do so and that the person now presenting himself to vote in the same name has also the right to do so or if directed to do so by any candidate, agent or scrutineer he shall require him to sign statement No. 1 provided in form K of schedule 2 to this Ordinance and shall enter his name and residence in Procedure the poll book, and shall give him a ballot paper as provided in section 48 and shall before receiving from him his marked ballot paper serve him with a notice in form M of schedule 2 to this Ordinance; and the deputy returning officer shall also cause a similar notice to be served on the person who had pre- viously voted or applied to vote in that name. (2) The provisions of subsections 3, 4 and 5 of section 49 shall apply to cases provided for in this section. CO., c. 3, s. 52. 53. A person claiming to be entitled to vote who has inad- vertently dealt with his ballot paper in such a way that it can- not be conveniently used as a ballot paper or delivering to the deputy returning officer the ballot paper so inadvertently dealt with and proving the fact of the inadvertence to the satisfac- tion of the deputy returning officer shall be given another bal- lot paper in place of the ballot paper so delivered up ; and the deputy returning officer shall forthwith destroy the spoiled 61 Ballot and entry in poll book in such casea Ballot spoiled before used Procedure 17 Cap. 3 ELECTIONS ORDINANCE 53 ballot paper in the plain view of the candidates or their agents or scrutineers if present. CO., c. 3, s. 63. Time of close of poll Sealing of ballot box Entry of objections CLOSE OF THE POLL. 54. At the hour of five o'clock in the afternoon (standard time) the deputy returning officer shall declare the poll closed and shall not allow any more votes to be polled except the vote of the person who may be in some part of the act of vot- ing at that hour. (2) Immediately after the last ballot as above provided has been placed in the ballot box, the deputy returning officer shall fill up and securely seal the opening in the lid of the box through which the ballots were inserted. CO., c. 3, s. 54. 55. Immediately after the closing of the poll, the deputy returning officer shall enter into [the poll] book a certificate that his entries in the poll book are correct and shall also enter any objections that the candidates or their agents or scruti- neers may desire to have entered as to the conduct of the poll, or as to its hour of closing. CO., c. 3, s. 55 ; 1899'; c. 3 , s . 17 . COUNT BY DEPUTY RETURNING OFFICER. Opening of ballot box paper 56. The deputy returning officer shall then (in the presence of the candidates or their agents or scrutineers or such of them as may be present) open the ballot box and count the number of ballots contained therein ; and shall note separately in the poll book the number of ballots that have been placed in envel- opes and the unobjected ballots. Count (2) After having made the entry in the poll book he shall then proceed to open the unobjected ballots by breaking the mucilage and shall count the number cast for each candidate according to the colour marked upon the [front] of each ballot paper ; and shall enter the result of his count in the poll book. Spoiled ballots (3) If from any cause the intention of any voter has not been made apparent by the colour of the mark or marks on the ballot paper or if the ballot paper is not marked with the in- itials of the deputy returning oificer and the stamp required by section 48 such paper shall be considered a spoiled ballot paper ; and all such spoiled ballot papers at each polling place shall be kept separately from the counted ballots and shall be placed in a securely sealed package. Discrepancy in number of ballots (4) If the number of ballot papers found in the ballot box does not correspond with the number appearing in the poll 52 58 (6) ELECTIONS ORDINANCE Cap. 3 18 book as having been cast, the fact shall be noted in the poll book. CO., c. 3, s. 50; 1899, c. 3; s. 18. 57. The deputy returning officer shall then return all the ballots to the ballot box and shall place within it a statement signed by himself as deputy returning officer containing — (a) The name and number of the polling division; (b) The number of ballots cast at that polling place ac- cording to the poll book; and (c) The number of ballots actually contained in the ballot box; and he shall then securely lock and seal the same in the pre- sence of the candidates or their agents or scrutineers or in their absence in the presence of any electors present; and shall make out a statement in duplicate, one copy of which he shall keep and shall transmit the other to the returning officer, showing — (d) The total number of votes cast; (e) The total number of the unobjected ballot papers cast for each candidate ; The number of spoiled ballots; (9) The nupiber of those the rightfulness of which is in dispute; with (h) The several names and numbers appearing in the poll book of the voters whose vote is disputed, and the grounds on which each vote is disputed, and by and on behalf of whom; a copy of which statement he shall deliver on demand to any candidate or scrutineer. CO., c. 3, s. 57. Duty of deputy returning officer after count 58. The deputy returning officer shall forward to the re- turning officer by such means as may have been directed by the returning officer — (o) The ballot box; (&} The authority under which he acted as deputy re- turning officer; and the oaths of office of the deputy returning officer and poll clerk; (c) The name of his poll clerk and the authority under which he acted; (d) The names of the agents and scrutineers represent- ing each candidate with the authority under which they acted; and (e) The statements provided for in the preceding sec- tion; (/) All other documents relating to the election which have been filed with or by him; and all materials used by him and the statements made by voters and the poll book, unless such statements and poll book are required for the purposes of a court of revision. CO., c. 3, s. 58; 1899, c. 3, s. 19. 53 Return to returning- 19 Cap. 3 ELECTIONS ORDINANCE s. 59 Time, place and members of court of revision Functions Constitution of court Proviso, when validity of deputy returning officer s vote is in question Powers of court Compelling^ attendance of witnesses, production of documents, etc. COURT OF REVISION. 59. At the time and place mentioned in the, notice served upon any voter as provided in sections 49, 60 or 52 (which time shall be as soon as may be and the place and building used as polling place or another building as near thereto as may be) the deputy returning officer sitting with a justice of the peace whom he shall select or such justice as may have been ap- pointed to sit with him by the Lieutenant Governor shall hear and dispose of any objections to the right of any voter of which notice was given during the polling day as provided in sections 49, 60 or 62. . . (2) The deputy returning officer sitting with such justice of the peace as above provided shall constitute a court of re- vision within the meaning of this Ordinance : [Provided that whenever a question as to the validity of the vote given by the deputy returning officer is to be decided by the court of revision the said court shall be constituted by two justices of the peace sitting together.] CO., c. 3, s. 59 ; 1899, c. 3, s. 20. 60. The court of revision shall for the purpose set forth in the preceding section have all the powers of a court of record as to compelling the attendance of witnesses and their exami- nation, the production of books and documents, and the taking of evidence under oath at any sittings held by it; and such court shall have generally for the purposes aforesaid all the powers of any court of record in the Territories. CO., c. 3, s. 60. 61. The court of revision or either of the members thereof shall (on the application of any person who is supporting or opposing any objection, complaint or application wj'iich is to be considered at any of the courts or sittings hereinbefore pro- vided for) issue a summons in the form N in schedule 2 to this Ordinance directed to any person required by such applicant as a witness thereat commanding such person to attend at such court or sittings and also commanding such person to bring any papers or articles in the possession or power of such per- son as may be required and to give evidence at such court or sittings relating to any matter connected with any such objec- tion, complaint or application; and (in the event of such per- son not so attending after being served with such summons and paid or tendered his proper witness fees according to the scale allowed in tariff A of schedule 3 to this Ordinance) may (on due proof of the service of the summons and of the pay- ment or tender of the proper witness fees and on receiving from the person causing the witness to be summoned the fees for committing and conveying such witness to prison) commit such witness to the common gaol or other lawful place of im- prisonment for a term not exceeding one month; and the fees 64 s. 65 ELECTIONS ORDINANCE Cap. 3 20 for such commitment and conveyance shall be the same as when a person is committed to prison under a summary con- viction. (2) Before any summons is issued requiring the attend- Deposit to pay ance of a w^itness at the court of revision the person desiring '"'""^^'^^^ the attendance of such witness shall furnish the deputy re- turning officer with such sum of money as will be sufficient to pay the fees of the said witness as provided in the said tariff. CO., c. 3, s. 61. 62. The person whose right to have voted is the subject of Right ot voter objection shall not be paid witness fees until the court decides that he had a right to vote ; and such witness fees shall be paid to the deputy returning officer at or before the opening of the court of revision by the person or persons at whose request the inquiry is held. CO., c. 3, s. 62. 63. If the person whose right to vote is the subject of in- Default of f, .-, appearance quiry fails to appear personally or by agent according to the by voter notice received by him on polling day his vote shall be dis- allowed and he shall be liable for the costs of all witnesses summoned in respect to this case : [Provided that any candidate or the agent of any candidate Voter may be T p p.,. represented by in the event of any such person failing to appear m person or candidate or Ws by agent shall have the right to act as the agent of such per- son.] CO., c. 3, s. 63; 1899, c. 3, s. 21. 64. If at any time the person or persons at whose request withdrawal ot the inquiry as to the rightfulness of any vote is being held notifies the deputy returning officer over his or their signature they he or they wish the inquiry as to such vote to cease or in case the witness fees mentioned in section 61 of this Ordinance are not paid to the deputy returning officer as therein provided the inquiry shall cease forthwith and such person or persons shall pay all fees of witnesses summoned by the court of re- vision and the expense of summoning such witnesses up to the time at which he or they gave notice that the inquiry should cease ; and such vote shall be allowed. CO., c. 3, s. 64. 65. In case any party to the inquiry requires a certified ll^f°^^^i;„„ copy of the certificate of naturalization of any voter whose vote is in question to be produced at such inquiry, he shall de- posit with the deputy returning officer the necessary fees pro- curing the same from the clerk of the court or other officer with whom such certificate of naturalization is registered and a sum sufficient to cover postage and postal registration in sending for and forwarding such certified copy; and the deputy returning officer shall thereupon forthwith send by 65 21 Cap. 3 ELECTIONS ORDINANCE S. 65 registered letter prepaid addressed to such clerk or other officer the said fee and sum sufficient to cover the postage and postal registration to forward such certified copy together with the address to which it is requested such certified copy shall be sent, and a request to forward such certified copy to such ad- dress; upon receipt of which registered letter, fees and post- age such clerk or other officer shall forthwith by registered letter prepaid, addressed as requested, forward a certified copy of the certificate of naturalizatiqn. VaUdity of certificate of naturalization as evidence (2) Nothing in this section contained shall be held in any way to affect as evidence the validity of a certificate of natural- ization at any time issued to the voter whose vote is in ques- tion. C.O.r c. 3, s. 65. Appearance in person or by ag^ent 66. Any of the parties to any such inquiry may appear before the court of revision in person or by agent. CO., c. 3, s. 66. Question to be determined by court 67. The question to be determined at any inquiry by the court of revision hereby constituted shall be whether any statement made on polling day under the provisions of this Ordinance by the voter whose vote is the subject of the in- quiry is false in whole or in part and if false in part in what respect it is so false. Where statement is proved false Where statement is proved true (2) If it is proved to the satisfaction of the court that any voter whose vote is the subject of inquiry has made any such statement which is false in whole or in part the vote of such voter shall be disallowed ; but if it be proved to the satisfaction of such court that every such statement so made by such voter is altogether true such vote shall be allowed. Burden of proving: truth of statements Nos. 1 and 3 Burden ot proving- truth of statement No. 2 (3) The burden of proving the truth of statements numbers 1 and 3 of form K if made by the voter shall lie on him : but the person challenging the vote shall be at liberty to produce evidence in rebuttal showing that such statements or either oi them if made by the voter or some part thereof is untrue. (4) If the voter has madd statement number 2 of the said form it will be prima facie assumed to be a true statement ; and the burden of proving that it or any part of it is untrue shall lie upon the person challenging the vote ; but the voter on evidence being given to prove that the said statement or any part of it is untrue shall be at liberty to adduce evidence in rebuttal to show that it is true. Decision to be given in open court (6) The decision of the court shall be rendered in open court and if the members of the court fail to agree it shall be stated in open court. CO., c. 3, s. 67. 66 S. 71 ELECTIONS ORDINANCE. Cap. 3 22 68. Whenever (by reason of the absence of witnesses or Adjournment ot ^ court other reasonable cause) it is impossible to hold or to conclude the inquiry on the day stated in the notice given on polling day, the court of revision shall cause the sitting to be adjourned from day to day until the inquiry is concluded : Provided that the court (in case the adjournment is asked Absence of material for on the ground of the absence of material testimony, docu- mentary or otherwise) must be satisfied that the person whose duty it was to procure such testimony has used reasonable diligence to do so. CO., c. 3, s. 68. 69. The court shall forthwith after concluding its labours court to make make a return of the decisions reached by it on the qualifica- dec'isions reached tions of the several voters whose right to vote is the subject of dispute; and if any vote has been disallowed it shall specify on what ground it has been disallowed; that is, if it has been disallowed on the ground that any statement made by the voter is false, it shall specify the statement; if on the ground that any such statement is false in part, it shall specify in what particular it is so false; and the court shall forward such re- turn to the returning officer duly certified by both members of the court of revision together with the poll books and state- ments pertaining to the election. (2) In case the members of the court of revision fail to where the court agree, the full copy of the evidence certified to by both mem- decision to be given bers of the court shall be forwarded with the return to the ^ ■''='"■■"'"8: ° returning of&cer who shall render a decision. (3) As soon as may be after the arrival of the returns and ^^'J^J ''>' ■■^'"™"^ at least two days before he commences to count the ballots, the returning officer shall render his decision regarding any ballot upon which the court of revision has failed to agree ; and shall in said decision if he disallows the vote state (as in subsection 1 of this section) on what ground he disallows it. CO., c. 3, s. 69. 70. The court of revision (or the returning officer when the court or returning Y . , officer may award decision is made by him) may award costs to or against any costs party to the application, which costs shall only be for witness fees and expenses of summoning witnesses according to the scale of fees in tariff A of schedule 3 to this Ordinance ; and moneys deposited under the provisions of section 65 hereof and the said costs may be levied by order of the said court or the returning officer (as the case may be) by distress in the same manner as distress is leviable upon a warrant issued on a sum- mary conviction. CO., c. 3, s. 70. 71. The expenses of holding the court of revision shall be Expenses of court 57 23 Cap. 3 ELECTIONS ORDINANCE charged as a part of the general expenses of the election. CO., c. 3, s. 71. APPEALS. Examination 72. As soon as the returning officer has received from any ritums of^rts of dcputy retumlng officer the papers mentioned in section 69 '^'^''" hereof he shall on demand permit their examination by the several candidates or their agents; and shall furnish to each candidate or his agent a certified copy of any such document that they may demand. CO., c. 3, s. 72. Time for appeal 73. Appeals agaiust the decision of the court of revision or of the returning officer rendered under section 69 hereof may be entered with the returning officer by any candidate or his agent or by any person whose vote has been disallowed at any time up to the hour of commencing the count of the votes by the returning officer ; and such appeal shall be entered by notice in writing to the said returning officer : Security for costs Providcd that no appeal shall be received by the returning officer unless the sum of $10 is deposited with him as security for the costs of the prosecution of such appeal. CO., c. 3, s. 73. COUNT BY RETURNING OFFICER. Custody of ballot box Production ot books, etc., at time fixed for count 74. The returning officer shall have the custody of the ballot box from the time it leaves the hands of the deputy returning officer and shall be subject to the penalty provided in section 128 of this Ordinance if it is opened by himself or any other person until the day and hour appointed for the counting of the votes or (in case the count is adjourned under section 76 hereof) until the day and hour of such adjournment. C 0., c. 3, s. 74. 75. The returning officer at the place and on the day and hour mentioned by him in his announcement on nomination day that a count would be held shall appear and produce the poll books, statement sheets of the deputy returning officers, statements of the court of revision showing the result of the objections made before them to the validity of any votes cast, and the ballot boxes of the several polling places. Adjournment ot court (2) If all the returns have not been received from the deputy returning officers on the day appointed, or if there are not two clear days between the day of receipt of the last return of the deputy returning officers or between the date of the latest decision of the returning officer under the provisions of section 69 hereof and the day appointed for the count, the re- turning officer may adjourn the count until a future day and 68 S. 82 ELECTIONS ORDINANCE Cap. 3 24 may again from time to time in the like case adjourn from day t') day until such returns are all in and until a time when two clear days have elapsed between the receipt of the last return of the deputy returning officers or the last decision of the returning officer under said section 69, whichever may have last happened. CO., c. 3, s. 76. 76. The returning officer shall be provided with a suitable Record book book to be called a "record book," in which he shall enter the particulars required by this Ordinance to be kept on record. CO., c. 3, s. 76. 77. The returning officer when the day and hour for count- The count ing the votes has arrived (whether according to his announce- ment on nomination day or in pursuance of any adjournment) shall then appear at the place designated and produce the pro- per book and material specified in section 75 hereof, and shall begin with polling place number 1 and shall note in his record book the number of ballots shown by the deputy returning officer's report of the polling place to have been cast; and he shall then open the ballot box and count the number of ballots contained therein. CO., c. 3, s. 77. 78. If the number is not the same as that mentioned in the Discrepancy in return of the deputy returning officer, he shall take a note of that fact. CO., c. 3, s. 78. 79. He shall then first count and keep separately those count ballots regarding which an appeal has been finally entered, *^' '^^^^^ entering the names, numbers and full particulars in his record book. CO., c. 3, s. 79. 80. He shall then count and keep separately in a sealed (2) iiiegai ballots . . , not appealed package the ballots which the court of revision has decided were illegally cast which are not the subject of appeal making a full record of the same in his record book ; and the said bal- lots (without being removed from their envelopes) shall be destroyed by fire at the close of the count in the presence of the candidates or their agents if present. CO., c. 3, s. 80. 81. He shall then count (without examination) and place in 0) Good baiiots an open vessel the ballots which have been already counted by the deputy returning officer ; and shall enter the number in his record book. CO., c. 3, s. 81. 82. He shall then count the spoiled ballots and enter the (4) Spoiled ballots number in his record book ; and shall examine them and shall place such as he considers make apparent the intent of the voter [by the colour of the mark or marks on the inside or front 59 25 Cap. 3 (5) Ballots amiealed and sustained Count of votes ELECTIONS ORDINANCE. S. 82 of the ballot paper] and have been properly initialed or stamped [on the outside or back] by the deputy returning officer among the ballots already counted by the deputy returning officer and shall enter the number in his record book ; and shall keep separately and place in a securely sealed package those which he considers do not make apparent the intent of the voter or are not properly initialled or stamped and shall enter the number in his record book. CO., c. 3, s, 82 ; 1899, c. 3, s. 22. 83. He shall then open the. envelopes containing the ballots whose validity has been sustained by the court of revision or by himself and against which no appeal has been entered as provided in section 73 of this Ordinance; and after opening each such ballot (without examination) and placing it amongst the unobjected ballots shall enter the facts in full in his record book. CO., c. 3, s. 83. 84. The returning officer (after mixing the ballots so that those put in last shall not be distinguishable) shall proceed to open the ballots and count the number cast for each candidate. CO., c. 3, s. 84. Ballots that are illegibly marked 85. In case a ballot is so marked that it is difficult or impos- sible to distinguish for which candidate it was intended to be counted it shall be placed with the ballots which do not make apparent the intent of the voter mentioned in section 82 hereof. CO., c. 3, s. 85. Announcement oi result Disposition of ballot papers 86. When all the ballots contained in the ballot bcx have been counted, the returning officer shall announce the result and shall record the same in his record book ; and shall proceed to seal up in separate parcels the counted ballots and the spoil- ed ballots; and these parcels with the ballots still the subject of appeal shall be returned to the ballot box which the return- ing officer shall seal so that it cannot be opened without break- ing the seal ; and the candidates or their agents shall also be permitted to similarly affix their seals. CO., c. 3, s. 86. Continuation of count 87. The returning officer shall then proceed similarly with the ballot box and returns of the second polling station and so on until all the ballots cast in the electoral district have been disposed of as hereinbefore provided. CO., c. 3, s. 87. Declaration or result of polling- DECLARATION OF ELECTION. 88. The returning officer shall then declare elected the can- didate for whom the largest number of ballots have been count- ed ; and shall deliver to all the candidates or to the agent of any candidate who may be present if the candidate is not present a written statement declaring the said candidate duly elected ; 60 S. 90 ELECTIONS ORDINANCE Cap. 3 26 and such statement shall specify the number of ballots counted for each candidate, the number of spoiled ballots and the num- ber still the subject of appeal. {2) In case of a tie the returning officer shall give a casting ^Z "f^f^"" '" "^^^^ vote, which shall be entered in his record book. CO., c. 3, s. 88. 89. The returning officer shall then — 1. Cause all the ballot boxes, poll books, record! books and fj^urafngoflSfer statements made by voters to be placed in the custody of the sheriff of the judicial district in which the electoral district or the largest part thereof is situated ; 2. Hand over to the sheriff all moneys received by him as security for the costs in the prosecution of any appeals against the decisions of the courts of revision or of himself ; 3. Notify the Clerk of the Supreme Court for the judicial district in which the electoral district or the largest part there- of is situated of any appeals that have been entered against any decision of the court of revision or of himself ; 4. Forward to the Clerk of the Executive Council — (a) The writ of election ; together with [the oaths of office of the returning officer and election clerk and] (b) A certificate in writing specifying the name of the candidate declared by him elected; and (c) All the books, papers, affirmations and'other materials which have been returned to him, except such as have been placed in the sheriff's hands as above pro- vided. (2) The candidate so certified as elected shall be deemed to candidate deemed be duly elected until and unless a judge upon appeal or recount as hereinafter directed shall declare another candidate elected. CO., c. 3, s. 89 ; 1899, c. 3, s. 23. HEARING OF APPEALS. 90. Any Clerk of the Supreme Court being notified as provid- Appeals to judge ed in the last preceding section shall forthwith after being so notified bring notification before the judge of the Supreme Court usually exercising jurisdiction in the judicial district in which the electoral district or the largest part thereof is situated ; and such judge shall thereupon appoint a convenient time and place within such judicial district to hear such ap- peals and direct the clerk to give such notice to the persons in- terested in such appeals as he may direct and in such manner 61 27 Cap. 3 ELECTIONS OEDINANCE 8.90 Inquiry by judge Powers of judg-e Clerk to attend as he may direct ; and the clerk shall give such notice accord- ingly. CO., c. 3, s. 90. 91. The judge shall sit at the time and place so appointed and hold an inquiry into the validity of the votes cast regard- ing which appeals have been made; and shall hear such evi- dence as may be adduced; and may affirm or reverse [with costs] the decision of the court of revision or of the returning officer (as the case may be) with respect to any such vote ; and shall render such judgment with respect to the validity of such vote as said court or returning officer ought to have rendered. (2) The judge sitting in appeal shall be deemed a court and shall have and exercise all the powers and authorities by this Ordinance conferred upon the court of revision. (3) The Clerk of the Supreme Court for the judicial district within which the judge is sitting shall attend at such sittings and shall administer oaths to the witnesses, and otherwise act as clerk of the court. CO., c. 3, s. 91 ; 1899, c . 3 , s. 24 . Subpoenas to be issued by clerk 92. All subpoenas issued for the attendance of witnesses be- fore such judge sitting in appeal shall be issued by the said clerk under the seal of the Supreme Court for such judicial district and shall be deemed to be issued out of such court. Witness failing to (2) Any witucss being duly served with any such subpoena y subpoena ^^^ being paid or tendered the fees and conduct money provid- ed in tariff B in schedule 3 hereto who fails without reasonable excuse to obey the behests of such subpoena shall be deemed to have committed a contempt of the Supreme Court. Attachment against (3) In casB any such contempt is alleged to have been com- mitted application may be made to a judge of the said Supreme Court usually exercising jurisdiction in such judicial district sitting in chambers for a writ of attachment against the person alleged to be guilty of such contempt; and such application shall be founded upon such material as chamber applications in such court are usually founded upon; whereupon such judge shall proceed on such application according to the chamber procedure in such court; and if on the return of the chamber summons and hearing the parties and evidence adduced the judge shall be of opinion that a contempt has been committed he shall order an attachment to issue out of such court against the party offending; and such attachment shall issue accord- ingly and the party shall be dealt with in the same way that he would be dealt with under and by virtue of any writ of at- tachment if sued out according to the practice of the court. Judge may dismiss summons (4) If the judge is of opinion that no contempt has been 62 Costs S. 97 ELECTIONS ORDINANCE Cap. 3 28 committed he shall dismiss the summons with or without costs as he may direct ; and any costs that are awarded shall be the same as are awarded by the practice of the court on similar applications. CO., c. 3, s. 92. 93. The ballot boxes, poll books, record books, statements of Election material to ,-*■ .,. be subject to order \oters and all materials or forms used at or in relation to the ot judge polling place at which the vote appealed against was cast shall be subject to the order of the judge during the trial of the appeal. CO., c. 3, s. 93. 94. The costs to be allowed in the case of such inquiry shall '^°^'' be according to tariff B in schedule 3 to this Ordinance and shall be taxed by the clerk and shall be chargeable in the first place to the sum placed in the hands of the sheriff of the judi- cial district : Provided that the judge may instead (if the appeal is sus- Proviso tained) order the costs or a part thereof to be paid by the per- son whose vote is appealed against. CO., c. 3, s. 94. 95. When the sum of $10 provided for in section 73 hereof Further deposit has been applied in costs the judge may from time to time re- quire the deposit by the appellant of a further sum which shall be fixed by him according to the probable expenses of the case ; and if such deposit is not paid before continuing the pro- ceedings the appeal may be dismissed with or without costs as the judge may direct. (2) If at the conclusion of the appeal a part of the sum or Any pajt of deposit sums deposited remains in the sheriff's hands after all orders appe^tlfbe against it have been paid it shall be returned to the person de- ^" """ positing the same. CO., c. 3, s. 95. 96. If at any time the appellant notifies the judge over his withdrawal ot signature of his desire to withdraw an appeal the proceedings in that appeal shall forthwith cease; and the balance of the money deposited by the appellant after payment of the costs of costs the court up to that time shall be returned to him ; but if there is not sufficient balance remaining to pay such costs the judge may in his discretion order the appellant to pay the deficiency to such party as he may by his order direct. CO., c. 3, s. 96. COUNT OF APPEALED VOTES BY JUDGE. 97. After the judge has concluded his inquiry as to all the Duty of judge after appeals regarding the validity of votes cast which have been ^^""^^'^ brought before him and rendered his decision, unless a recouat has been demanded he shall — 63 29 Remove appealed ballots Cap. 3 ELECTIONS OEDINANCE S. 97 (1) 1. Open a ballot box containing ballots which have been the subject of appeal before him and remove such ballots only; Destroy uniawiui 2. Destroy, wlthout opening the envelopes, the ballots which he has decided were unlawfully cast ; Open lawful ballots 3. Open the envelopes containing the ballots which he has decided were lawfully cast and taking out the ballots place them together in a vessel without examining them so that they may be mixed together and not distinguishable one from the other : Count of vote Counted ballots Continuation Record of vote 4. Take such ballots out of such vessel ; open them and count the ballots which have been cast for each candidate, rejecting only such as do not make apparent the intent of the voter, which ballots so rejected he shall destroy; 5. Eeturn the ballots which he has counted to the ballot box and securely lock and seal the same ; 6. Proceed similarly with each of the ballot boxes of the electoral district containing ballots which have been the sub- ject of appeal ; 7. Eecord the number of ballots the objection to which he has sustained, the number cast for each candidate, and the number rejected as not having made apparent the intent of the voter ; Count of ballots 8. Add to the total vote received by each candidate accord- ing to the return made by the returning officer the number of appealed ballots which he has decided have been cast for each candidate : Previous casting vote, if any, not to be counted in first count Provided that if. a tie has) occurred at the count by the returning officer and the returning of&cer has given a casting vote, such vote shall not be counted unless a tie occurs again in the count by the judge, in which case the vote of the return- ing officer shall be counted for the candidate for whom it was cast : Casting vote to be given by returning officer if required Provided further that if a tie has not occurred at the count by the returning officer and does occur at the count by the judge the returning of&cer shall then forthwith give a casting vote upon being requested to do so by the clerk at the instance of the judge; Declaration ot poll 9. Declare elected the candidate who has received a majority of all the ballots counted by himself and by the returning officer and 64 Declaration final S. 100 ELECTIONS ORDINANCE Cap. 3 30 10. Certify in writing to the Clerk of tlie Executive Council ^"k^^/f "e'Jt°ve the name of the candidate declared elected by him upon his Coundi count of appealed ballots as herein provided; and upon such certificate being given (unless a recount is demanded) such declaration should be final and conclusive to all intents and purposes subject to the provisions of The Controverted Elec- tions Ordinance; CO., c. 8, s . 97 . 98. Any order made by a judge acting on appeal shall be ordS-s''ofju"dg°i carried out and may be enforced as if it were an order of the Supreme Court in the judicial district within which the judge sits upon such appeal. CO., c. 3, s. 98. RECOUNT BY JUDGE. 99. Upon any candidate or his agent placing in the hands Demand of recount of the sheriff of the judicial district mentioned in section 89 of this Ordinance the sum of $50 with a demand in writing for a recount of the ballots cast in one or more polling divisions, any judge of the supreme court usually exercising jurisdiction in the judicial district where the election was held shall (after having disposed of any appeal regarding the validity of ballots that may have come before him) on application made to him as hereinafter mentioned hold a recount. (2) No application for a recount shall be entertained unless Deposit for and such application is accompanied by $50 as provided in this sec- tion and is made vsdthin thirty days after the declaration of election by the returning officer if no appeals have been made from the decision of the court of revision or returning officer to the judge and if any such appeals have been made then within thirty days after the judge has given his decision re- garding such appeals. (3) The money deposited with a demand for a recount shall £.'^p°fj'''°" °^ be disposed of by order of the judge in defraying the neces- sary expenses of holding the recount ; and the remainder if any shall be returned to the person who deposited it ; (4) The ballot boxes, poll books, books of record and other Baiiot boxes, etc., ^ .'. - . .to be subject to materials or forms used at the polling place respecting which order of judge the demand for a recount has been made shall be subject to the order of the judge during such recount. CO., c. 3, s. 99. 100. Upon the party demanding a recount or any person on Time and place of his behalf satisfying the judge by affidavit verifying the de- mand that a demand for a recount has been served on the sheriff as hereinbefore provided and that the sum of $50 has been deposited with such sheriff as provided in the last section 65 31 Cap. 3 ELECTIONS ORDINANCE S. 100 the judge shall sign an appointment fixing a time and place within the said judicial district at which each recount shall be held and shall in such appointment direct upon whom and in what manner such appointment shall be served. CO., c. 3, s. 100. Procedure thereat Proviso If recount not properly demanded ■or security omitted 101. The judge shall attend at the time and place so ap- pointed and upon being satisfied by affidavit that his appoint- ment has been duly served upon the persons directed by him to be served therewith he shall proceed with such recount : Provided however that it may be open to any candidate or agent to show by evidence either viva voce or upon affidavit as the judge may direct that the demand for a recount was not made or the sum of money was not deposited with the sheriff as provided by section 99 hereof or was not deposited within the time thereby prescribed; and upon the judge being satis- fied that such demand was not so made or that such money was not so deposited he shall so find; and shall file with the said sheriff a written finding to that effect signed by him ; and thereupon the said recount shall be abandoned. CO., c. 3, s. 101. Count of ballots 102. In case the judge proceeds with the recount he shall (in the presence of such of the candidates or their agents appointed as such in writing as may be present) open one of the ballot boxes regarding which a recount has been demanded and shall count the number of ballots contained therein; and shall note the number in a book and shall place the ballots in an open vessel. CO., c. 3, s. 102. Examination and count of ballots Illegal ballots 103. The judge shall then proceed to examine and count the ballots for the several candidates as it shall appear to him to have been the intent of the several voters marking the ballots, rejecting only those by which the voter has not made his intent apparent [by the colour of the mark or marks on the inside or front of the ballot paper] or which have not been properly initialled or stamped [on the outside or back.] CO., c. 3, s. 103; 1899, c. 3, s. 25. Particulars to be recorded Disposition of ballots and boxes after recount 104-. The judge shall then return the ballots to the ballot box from which they were taken ; and shall securely lock and seal the same ; and shall cause it to be returned to the custody of the sheriff of the judicial district in which the electoral dis- trict is situated. CO., c. 3, s. 104; 1899, c. 3, s. 26 . Other ballot boxes 105. He shall then proceed similarly with each of the other ballot boxes regarding which a recount has been demanded. 106, 107, 108, 109, 110, 111, (Repealed.) 6G 1899 c. 3, s . 27 , S. 115 ELECTIONS ORDINANCE Cap. 3 32 Costs of recount, etc. 112. The costs of the recount beyond the amount of the deposit required by section 99 of this Ordinance shall be charged to the general expenses of the election according to Election fees such regulation as to fees and otherwise as may be prescribed from time to time by the Lieutenant Governor in Council. CO., c. 3, s. 112; 1899, c. 3, s. 28. 113. {Repealed.) 1899, c. 3, s. 27. 114. The judge shall prepare a statement showing — statement by (a) The total number of ballots which the return of the returning of&cer and the records of the count of appealed ballots (if such has been held) showed should be counted in the several classes in which they are comprised; (b) The number of ballots actually counted by him; (c) The number rejected; and (d) The number counted for each candidate ; with a declaration of the election of the candidate receiving a majority of the votes cast which candidate shall forthwith be held to be duly elected ; and such judge shall thereupon certify His certificate in writing to the Clerk of the Executive Council and to the sheriff mentioned in section 89 hereof the name of the candi- date declared elected by him on such recount ; and upon such certificate being given such declaration shall be final and con- clusive to all intents and purposes subject to the provisions of The Controverted Sections Ordinance. (2) In case a candidate declared elected by the judge is i^'t^.^e'lnl'iiLbiiity other than the one declared elected by the returning of&cer no "^"^p^^^I"" S""^' penalty or damages shall be incurred by the person at first declared elected by reason of any act done by him as duly elected representative of the electoral district. (3) The casting vote of the returning officer (if he has given in case of a tie one) shall not be counted by the judge in such recount unless there shall be a tie on the said recouni) in which case the cast- ing vote of the returning of&cer shall be counted as having been cast for the candidate for whom it was cast the first time he cast it. (4) If the returning of&cer has not given a casting vote ^equir"^™'^'* and the recount of the judge results in a tie, the returning officer shall forthv^dth on the written request of the judge give a casting vote. CO., c. 3, s. 114. MISCELLANEOUS. 115. Whenever the judge usually exercising jurisdiction wh--,jj>'^^&|;^ in the judicial district in which the election is held is disquali 67 unable to act 83 Cap. 3 ELECTIONS OHDINANCE S. 115 fied by reason of relationship to any of the parties interested or from any other cause from acting either on an appeal or on a recount or is unable from sickness, absence, or any other cause to act on any appeal or recount, any other duly qualified judge of the Supreme Court may act in his stead. CO., c. 3, s. 115. No candidate to resign pending proceedings 116. No candidate shall be permitted to resign after the close of the polling until the question as tb which candidate has been elected has been finally determined by virtue of the provisions of this Ordinance. CO., c. 3, s. 116. No candidate to resign pending election petition 117. No person elected a member of the Legislative Assem- bly shall be permitted to resign his seat' pending any proceed- ings against him under The Controverted Elections Ordinance. CO., c. 3, s. 117. Duty of sheriff when proceedings are ended 118. When all proceedings in any way affecting the election are concluded, the sheriff to whom the ballot boxes, poll books, record books and statements made by voters were delivered under the provisions of section 89 hereof shall return such ballot boxes, poll books, record books and statements made by voters to the Clerk of the Executive Council with a certificate that such proceedings are concluded; and such clerk shall thereupon open the said ballot boxes and destroy the ballots therein with fire. CO., c. 3, s. 118. Notice of return to be published in Gazette 119. The Clerk of the Executive Council (on receiving the return from the returning officer of the name of the candidate elected if no poll has been held or if a poll has been held on receiving from the sheriff the certificate mentioned in the last preceding section) shall as soon as he can conveniently do so give notice in the official gazette of the Territories of the name of the candidate elected and shall also give notice to the Clerk of the Legislative Assembly. CO., c. 3, s. 119. FEES AND EXPENSES OF RETURNING OFFICERS, ETC. Fees to officers, etc. 120. Except as hereinafter provided the fees in tariff C in schedule 3 to this Ordinance mentioned in respect to the several mattfers therein contained and no others shall be allowed to the several officers and persons therein mentioned respectivly, for the services and disbursements in the said schedule mentioned. CO., c. 3, s. 120. To be paid by warrant 121. [Where no specific legislative appropriation has been made for so doing,] the said fees, allowances and disburse- ments , together with reasonable expenses incurred for services rendered under this Ordinance shall be paid over by warrant 68 s. 123 (5) ELECTIONS ORDINANCE Cap. 3 34 of the Lieutenant (lovernor directed to the Territorial Treasurer out of the general revenue fund of the Territories; and shall be distributed to the several officers and persons entitled to the same under the provisions of this Ordinance through the said Treasurer. CO., c. 3, s. 121 ; 1899, c. 3, s. 29. 122. Anything to the contrary in this Ordinance notwith- standing, the Lieutenant Governor [in Council] may direct the exfrToTJinrry payment of such sums (over and above the allowance author- ""■"""' ized by the two next preceding sections of this Ordinance) as may be required to pay the expenses reasonably incurred by any person for services rendered under this Ordinance and also reasonable fees and allowances for any extraordinary services rendered by any person thereunder. CO., c . 3 , s . 122 ; 1899 ; c. 3, s. 30. Reasonable expenses for PENALTIES. 123. No person shall directly or indirectly by himself or Acts prohibited by any other person in his behalf do or commit any of the following acts : 1 . Give, lend or agree to give or lend or offer or promise any Give, etc., -,-,1.. ., ^ ^ •^ consideration to money or valuable security or promise to procure or endeavour induce voter to vote to procure any money or valuable consideration to or for any TOt^ng""" "^"^ voter or to or for any other person in order to induce any voter to vote or refrain from voting at any election ; 2. Give or procure or agree to give or procure or offer or Give place or na -\ 1 1 • 1 1 employment to promise any oflice, place or employment or promise to procure induce voter to vote or to endeavour to procure any office, place or employment to ^t'lnl'"" ^™'" or for any voter or to or for any other person in order to in- duce any voter to vote or refrain from voting at any election ; 3. Make any gift, loan, oifer, promise, procurement or agree- ment as aforesaid to or for any person in order to induce such person to procure or endeavour to procure the return of any person as a member of the Legislative Assembly or the vote of any voter at any election ; Make gift, etc., ii order to procure return of ai person r any 4. Advance or pay or cause to be advanced or paid any Advance, etc., 1 ., • J I , 1 • I J. money for above money to or for the use ot any other person with the intent purposes that such money or any part thereof shall be expended for any of the purposes mentioned in the preceding parts of this sec- tion or knowingly pay or cause to be paid any money to any person in discharge or repayment of any money wholly or in part expended for any of the said purposes ; 5. Make use of or threaten to make use of any force, vio- 69 Make use of force etc., to induce 35 Toter to vote or refrain from voting Cap. 3 ELECTIONS ORDINANCE S. 123 (5) Penalty Nocandidate to pay, etc., for expenses incurred for meat, etc., in order to be elected Penalty lence or restraint or inflict or threaten the infliction by himself or by or through any other person of any injury, damage, harm or loss or in any manner practice intimidation upon or against any person in order to induce or compel such person to vote or refrain from voting or on account of such person having voted or refrained from voting at any election or by abduction, duress or any fraudulent device or contrivance impede, prevent or otherwise interfere with the free exercise of the franchise of any voter or thereby compel, induce or pre- vail upon any voter either to give or refrain from giving his vote at any election. (2) Any person convicted of a breach of this section shall be liable to a penalty not exceeding $200. CO., c . 3, s . 123 . 124. No candidate shall by himself or by or with any other person or by any other ways or means on his behalf at any time either before or during any election directly or indirectly give or provide or cause to be given or provided ur be accessory to the giving or providing or pay wholly or in part any expense incurred for any meat, drink, refreshment or provision to or for any person in order to be elected or for being elected or for the purpose of influencing such person or any other person to give or refrain from giving his vote at such election; and any such candidate convicted of contravening this section shall be liable to a penalty not exceeding $200. CO., c. 3, s. 124. No candidate to pay for horse hire Penalty 125. No candidate shall nor shall any person on his behalf hire, promise to pay or pay for any horse, team, carriage or other vehicle to convey any voter or voters to or from the poll or to or from the neighbourhood thereof at any election or pay or promise to pay the travelling or other expenses of any voter in going to or returning from any election; and any person convicted of contravening this section shall be liable tb a pen- alty not exceeding $100. CO., c. 3, s. 125. Election shall be voided for illegal acts of candidate 126. If any court, judge or other tribunal sitting or holding an inquiry under The Controverted Elections Ordinance re- ports to the Clerk of the Executive Council that any candidate at an election has by himself or by his agent whether with or without the actual knowledge and consent of such candidate committed any act in contravention of sections 123, 124 or 125 of this Ordinance, the election of such candidate (if he has been elected) shall be an undue election and shall be void and shall be set aside and a new writ of election shall be issued to All the vacancy so created unless such court, judge or other tribunal certifies that another candidate was duly elected at such election in the stead of the candidate whose election is so voided. CO., c. 3, s. 126. 70 s. 128 (3) ELECTIONS ORDINANCE Cap. 3 36 127. No person shall before or during any election directly iiiegai acts by voter or indirectly himself or by any other person on his behalf do or commit any of the following acte : 1. Eeceive, agree, contract or ask for any money, gift, loan Receive, etc., or valuable consideration, office, place or employment for him- vote or?efra"n'°from self or any other person for voting or agreeing to vote or for ™''"^ refraining or agreeing to refrain from voting at any election ; 2. Eeceive or ask for any money or valuable consideration Receive for having votfed or refrained from voting or for having in- haviig voted ^°'' duced any other person to vote or refrain from voting at any election ; 3. Hire or offer for hire any horse, team, carriage or other Hire horse to vehicle to any candidate or to any agent of any candidate for ieent the purpose of conveying any voter or voters to or from the polling place or to or from the neighbourhood thereof : (2) Any person convicted of a breach of this section shajl Penalty be liable to a penalty not exceeding $200. CO., c. 3, s. 127. 128. Any person appointed as returning officer, ©lection Failure of officials clerk, deputy returning officer or poll clerk, who fails to carry '° "^"^ °"' '^""^ out any of the duties imposed upon him by this Ordinance or who contravenes any of its provisions shall be liable to a fine pen^ity not exceeding $600 and costs or to imprisonment for a term not exceeding one year or both. (2) Any deputy returning officer or poll clerk or any other improper use of person who uses the stamp mentioned in section 48 of this Ordi- nance to mark any ballot paper other than the one handed to the voter by the deputy returning of&cer or poll clerk as pro- vided in the said section 48 shall be subject to the penalty provided in the first part of this section ; and in any proceed- ings taken hereunder proof that any ballot paper has been stamped other than as provided in the said section 48 shall be held to be prima facie evidence that such ballot paper was so stamped by the deputy ret'urning officer or if the poll clerk was acting for the deputy returning of&cer thexi by such poll clerk. (3) If any person fails to return to the deputy retHirning lf^^°P"''°''^'"'^ officer the ballot paper or each of the pencils handed to him by the deputy returning officer as provided in the said section 48 or hands to the deputy returning officer to be placed in the bal- lot box any paper other than the ballot paper as provided in the said section or by any means places or causes to be placed in the ballot box any ballot paper other than as provided in the 71 37 Cap. 3 ELECTIONS ORDINANCE S. 128 (3) Penalty said section or by any means takes or causes to be taken from a ballot box any ballot paper except as directed under the pro- visions of this Ordinance or defaces or destroys any ballot paper after its having been initialled or stamped by the deputy returning officer except as provided in section 53 hereof shall be liable to the penalty provided in the first part of this sec- tion. CO., c. 3, s. 128. Improper conduct ot other persons Penalty 129. Unless in this Ordinance otherwise provided any other person than those mentioned in the preceding section who con- travenes any of the provisions of this Ordinance or attempts in any way to hinder its provisions from being carried out shall be liable to a fine not exceeding $100 and costs or to im- prisonment for a term not exceeding three months or both. O.O., c. 3, s. 129. Discrepency in number of ballots Penalty 130. If the number of ballots found in the ballot box of any polling division at the count of the deputy returning officer is not the same as the number shown by the poll book of that polling division to have been cast, the deputy returning officer and poll clerk shall each be liable to a fine of $100 and costs or to imprisonment for a term not exceeding three months or both: Provided however if during the trial or the complaint it can be shown that the discrepancy was caused by some person or persons other than the deputy returning officer or poll clerk they may be relieved from the aforesaid penalty. CO. c. 3, s. 130. Violation of secrecy of ballot Penalty 131. Any person who attempts to violate the secrecy of the ballot by marking a ballot in a peculiar manner or by show- ing it to any one after its being marked or instigating any voter to peculiarly mark or to show his marked ballot shall be liable to a fine not exceeding $100 and costs or to imprisonment for a term not exceeding three months or both. CO . , c • 3 s 131. Voting: more than once Personation 132. Everyone who at an election of a member of the Leg- islative Assembly does any of the following acts that is to say- Applies to vote in the name of some other person whether such name is that of a person living or dead or of a fictitious person ; or Having voted once at any such election applies to vote at the same election in his own name, is guilty of an offence and liable to a peaaltv not exceeding $100. CO., c. 3, s. 132. ^ (a) (b) Recovery of penalties 133. Penalties under this Ordinance may be recovered on 72 Sched. 1 ELECTIONS ORDINANCE Cap. 3 38 summary conviction before two justices of the peace. CO., c. 3, s. 133. 134. The provision of schedule 1 hereto shall be read as Schedule No. i part of this Ordinance. CO., c. 8, s. 134. SCHEDULE 1. BALLOT PAPER. 1. The ballot paper used at all elections under the provisions of this Ordinance shall be of white colour, of good cardboard, measuring an inch by two inches, having a crease cut half way through the cardboard midway between the tVo ends on the side which shall be used as the back of the ballot paper; and on the front of the ballot paper at one end and on one side mucilage shall be placed so that when the mucilage is wetted and the ballot paper folded according to the crease appearing on the back the mucilage will cause it to remain folded. BALLOT BOXES. 2. The ballot box shall be of metal or wood, and shall be a cube of not less than six inches on the outside, except that the lid may project half-an-inch over the box on the side at which it is locked. Metal. — If the ballot box is made of metal, the four sides a,nd bottom shall be joined together by a folded joint so as to be perfectly water-tight. The lid shall be fastened to the box at one of the sides by a hinge or hinges, which shall be securely rivetted and soldered or brazed to both the lid and the box. On the outside of the box opposite the hinges shall be fastened a metal staple in such a manner that it can only be removed by cutting it off or by cutting away part of the box. On the same side of the lid shall be two corresponding staples fastened as above provided so that when the box is closed the hook of a padlock may pass through all three of the staples so as to hold the lid of the box tightly and securely closed. Wood. — If the ballot box is made of wood, the sides shall be fastened together with rivets and the hinges shall be ^fastened on with the same, so that the sides cannot be taken apart or the hinges taken off without cutting the rivets or cutting away the wood of the box. The staples necessary to securely fasten the lid of the box, as provided in the case of metal ballot boxes, shall be rivetted in their places so that they cannot be removed wihout cutting the rivets or cutting away the wood of the box. 73 Cap. 3 ELECTIONS ORDINANCE Sched. 1 Opening. — There shall be an opening in the lid of the ballot box one and one quarter inches in length by one quarter of an inch in width; through which opening the ballots shall be placed in the box , and there shall be no other opening in the material of which the box is composed when the lid is closed. There shall be provided a piece of cork or wood to completely fill the opening and sealing wax to securely seal over the opening as soon as the poll has been closed. Padlock. — There shall be a padlock provided for each bal- lot box used at the election, and each padlock shall differ from every other one used at that election , so that the key used for one lock will not open any other lock used on a ballot box at that election ; and only one key for each padlock shall be for- warded to any returning officer. Names. — The name of the electoral district and the name and number of the polling division at which the ballot box i& used shall be plainly painted or otherwise securely marked on it so that it may be easily distinguished from the ballot box of any other polling place. envelopes. 3. The envelopes required for the purpose of enclosing dis- puted ballots shall be of paper sufficiently tough so that in writing upon the said envelopes the particulars required by this Ordinance the pen or pencil used may not penetrate or tear the paper. The envelopes shall be made with one end open and with a flap at that end upon which there shall be muci- lage, so that by wetting the mucliage and folding the flap over, as with an ordinary envelope, the envelope will remain closed.. pencils. 4. The pencil used under the provisions of sections 26 to 53- inclusive of this Ordinance shall be of colour as follows in each electoral district : If there are two candidates the colour shall' be blue and red ; if three, yellow shall be added ; if four, black shall be added ; if five, brown shall be added ; if six, green shall be added; and if there are more than six, such additional colours of pencils shall be provided as the Lieutenant Gover- nor may direct. The handle of each pencil shall be of wood and shall not be less than six inches in length and of sufficient thickness to enable the name of any candidate to be placed upon one side in characters not less than three-eighths of an inch in depth. The wood of the pencil shall be painted the- same colour as that of the marking material it contains, which shall be inserted securely into the handle so that it cannot be- 74 Sched. 2 elections ordinance Cap. 3 40 removed without cutting or breaking away the wood . 1 899 , c . 3, s. 31. STAMPS. 5 . The stamp used under the provisions of sections 26 and 48 of this Ordinance shall be made of rubber or other similar material, and shall be of a design differing in form for each general election ; The stamp shall be forwarded to each re- turning officer in a separate packet securely fastened and sealed so that it will be impossible to discover the design of the stamp without breaking the seal on the packet. SCHEDULE 2. FORM A. Writ of Election. {Sec. 4.) To of in the Electoral District' of in the North- West Territories : "Whereas His Honour the Lieutenant Governor of the North- West Territories has seen fit under and by virtue of the pro- visions of The Territories Elections Ordinance to order the issue of a Writ of Election for the said Electoral District of addressed to you, whom he has been pleased to select to perform the duties of Eeturning Officer ; You are therefore commanded that you do cause election to be made, according to law, of a member to serve in the Leg- islative Assembly of the North- West Territories for the said Electoral District of ; that you do cause the nomination of candidates at such election to be held at in the said Electoral District on the day of next; and that you do cause the name of such member , when so elected , to be certified to me. Given under my hand at Eegina in the said North-West Territories this day of , 1 . Clerk of the Executive Council. INDORSEMENT. Eeceived the within writ on the day of 1 A. B., Returning Ofjicer. 75 Cap. 3 ELECTIONS ORDINANCE Sched. 2 FORM B. Oath of Returning Officer . (Sec .5.) I, the undersigned A. B., Returning Officer for tlie Electoral District of , solemnly swear (or, if he is one of the persons permitted by law to affirm in civil cases; solemnly affirm) that I am legally qualified according to law to act as Returning Officer for the said Electoral District of , and that I will act faithfully in that capacity, without partiality, fear, favour or affection. So help me God. A. B., Returning Officer. Sworn (or, affirmed) before me at in the North- West Territories this day of A.D. 1 (Signature of officer administering oath . ) FORM C. Commission of an Election Clerk. (Sec. 6) To E. F. (Set forth his legal addition and residence.) Know you that in my capacity of Returning Officer for the Electoral District of I have appointed and do hereby appoint you to be my election clerk, to act in that capacity according to law, at the approaching Election for the said Electoral District of which election will be opened by me on the day of the month of 1 Given under my hand and seal this day of in the year 1 A. B., Returning Officer. Oath of Election Clerk. (Sec. 8.) I, the undersigned, E. F., appointed Election Clerk for the Electoral District of , solemnly swear (or if he is one of the persons permitted by laio to affirm in civil cases, solemnly affirm) that I will act faithfully in my said capacity as Election Clerk, and also in that of Returning Officer, if re- quired to act as such, according to law, without partiality; fear, favour or affection. So help me God. E.F., Election Clerk. SAvorn (or affirmed) before me at in the North- West Territories this day of A.D. 1 (Signature of officer administering oath.) 76 Sched. 2 elections ordinance Cap. 3 42 FORM E. Notice of Election given by the Clerk of the Executive Council. (Section 3a.) The Tereitories Elections Ordinance . Public notice is hereby given that His Honour the Lieutenant Govenor has been pleased, under the authority of The Terri- tories Election Ordinance, to direct the issue of Writs of Elec- tion, bearing date the day of J. , to tlie persons hereafter to be named, commanding each of them to cause election to be made, according to law, of a member to serve in the Legislative Assembly of the North-West Territories for the Electoral Districts in which they are re- spectively appointed Returning Officers; and that in order to comply with the requirements of the aforesaid writs of Elec- tion the presence of the Electors of each such Electoral District is required at the place named below as the place in the Elec- toral District where nominations are to be made, on the day of the month of ,1 , from eleven of the clock in the forenoon until twelve of the clock at noon (standard time) for the purpose of nominating a person to represent them in the Legislative Assembly of the North- West Territories; and that in case more than one candidate remains in nomination in any Electoral District the poll will be opened and held on the day of the month of , 1 ; from the hour of nine of the clock in the forenoon until five of the clock in the afternoon in each polling division of such Electoral District as may be set apart by the Returning Ofhcer under the provisions of the said lows, namely: The above mentioned Writs of Election are directed as fol- lows, namely : To A B., Returning Officer for the electoral District of C, nominations to be made ati D (describing with reasonable cer- tainty the location of the building icithin which nominations are to be made.) (And so continuously for all the other Electoral Districts in which elections are ordered.) Of which all persons are hereby required to take notice and govern themselves accordingly. E.F., Clerk Executive Council. Dated at the Executive Council Chamber this day of ,1 . 1899,0.3,8.32: 77 Cap. 3 ELECTIONS ORDINANCE Sched. 2 FOEM F. Nomination Paper. {Sec. 15.) We, the undersigned electors of the Electoral District of hereby nominate {name, residence and addition of the person nominated and present location if absent from the Electoral District) as a candidate at the election now about to be held of a member to represent the said Electoral District in the Legislative Assembly of the North-West Terri- tories. {If the person nominated is absent from the Electoral District it must be stated here.) Witness our hands this day of 1 {Signature icith residence and additions.) Signed by the above subscribing electors before me A.B., Justice of the Peace, Commissioner for taking affidavits, Notary Public or Returning Of&cer , as the case may be . I, the said CD., nominated in the foregoing nomination paper hereby consent to such nomination. Signed in the presence of , Name of witness to candidate's I Name of candidate, signature E.F.J FORM G. Information to electors. {Sees. 24, 28', 33.) The persons qualified to vote are male British subjects by birth or naturalization (other than unenfranchised Indians) who have aittained the full age of twenty-one years and who have resided in the North-West Territories for at least the twelve months and in the Electoral District for at least the three months , respectively , immediately preceding the time of voting . An elector can vote only at the polling place for the polling division in which he resides. The voter is to vote only for one candidate. The voter after receiving his ballot paper and the pencils provided for marking the said ballot paper from the deputy returning of&cer will go into the inner room of the polling place, select from the pencils provided the one of the colour represent- ing the candidate for whom he desires to vote and bearing his name, and with such pencil shall make a mark in the form of an X on the blank face of the ballot paper . 78 Sched. 2 elections ordinance Cap. 3 44 The voter will then fold the ballot paper at the crease there- on so that the mark made by him will be folded inwards. He will then moisten the gum or mucilage on the ballot paper and press the gummed end to the end against which it is folded; causing it to adhere thereto. The voter will then deliver the balloi paper with the aforesaid pencils to the deputy returning of&cer who will place the paper in the ballot box. The voter will then forthwith quit the polling station : If a voter inadvertently spoils a ballot paper he may return it to the proper officer who, on being satisfied of the fact, will give him another. If a voter votes for more candidates than he is entitled to vote for or more than once for any candidate his vote will be void and cannot be counted, and he shall be liable to a fine of $100. Any voter who attempts to violate the secrecy of the ballot by marking his ballot paper in a peculiar manner , or by show- ing it to any person after marking it, and any person who instigates any voter so to mark his ballot or to show such bal- lote after being marked shall be liable to a fine of $100. FORM H. Oath of Deputy Returning Officer. I, the undersigned G.H., appointed Deputy Returning Officer for the polling division No . of tihe Electoral District of , solemnly swear (or, being one of the persons permitted by law to affirm in civil casts , solemnly affirm) that I will act faithfully in my said capacity of Deputy Returning Officer without partiality, fear, favour or affection. So help me God . G.H., Deputy Returning Officer. Sworn before me, etc., (Signature of officer administering oath.) FORM I. Oath of Poll Clerk. (Sec. 27.) I, the undersigned, /./., appointed Poll Clerk for the polling division No. , of the electoral District of do solemnly swear (or, if he is one of the persons permitted by law to affirm in civil cases, do solemnly affirm) that I will act faithfully in my capacity of Poll Clerk, and 79 45 Cap. 3 ELECTIONS ORDINANCE Schcd. 2 also in that of Deputy Eeturning Officer if required to act as such according to law, without partiality, fear, favour or affection . So help me God . I.J., Poll Clerk. Sworn before me , etc . {Signature of officer administering oath.) 80 Sched. 2 ELECTIONS ORDINANCE Cap. 3 46 2 c .2 Q Q O 61! < »2 o O O o _0 . to SOhM or c *j o +e o ■ti O tn :S o'-Ti-' ■el's! S > ^ -^ :z;w i i'ss £■3 o rt c ^ !3> 4?> « 6 •a m ■a ^ •a 3 o H ^ £.S ajTj >S O.S ^ iujn.S S « c la's -g-sj ^S3 aooj o "J C CO JSX J3 3 „, OJ 6 «^ = n >- L viXl " B Ss; SI ■3-0 — "■ US MB C S O O X> ti PS > a ■^■^s u-a I OJ ^g 0) dJ -w-; nl (4 S o be u OJ O en Q W Hi III oW «) ^ bjO (U O O [ E S M-" 2 c-S S ' 13 c o "3 , * •)."■" = ii^ g StS c Islg I • H iS § C rt " i H ^^ •= " ■ £= gT3 -^ = ' rt 31-. 3 las; C [H lU > c ill's u S « S > o QJ OJ aj -w S • - ' Q U o o w S = u C (U L s V. d 81 47 Cap. 3 ELiOTioNs ordinance Sched. 2 FOEM K. (Sections 41, 42, 50, 52.) No. 1. Statement of Voter. Ij , do hereby state that T am a male British subject by birth or naturalization ; that 1 ajn. not an unenfranchised Indian; that I am of the full age of twenty-one years; that I have resided in the North- West Ter- ritories for at least the twelve months and in this Electoral Dis- trict for at least the three months immediately preceding the present time; that I am a resident of this polling division and that I have not voted at this election either at this or any other polling place. No. 2. Statement of Voter. I, , do hereby state that 1 have not received anything nor has anything been promised me, nor have I asked for anything directly or indirectly, either to in- duce me to vote at this election, or for Ibss of time, travelling expenses, hire of team or for any other service connected there- with, and that in the casting of my vote at this election I am not impelled or influenced by fear or by expectation of favour. No. 3. Statement of Deputy Returning Officer, Poll Clerk, Candidate, Agent, etc. I, A.B., hereby state that I am a male British subject by birth or naturalization; that I am not an unenfranchised Indian ; that I am of the full age of twenty-one years ; that I have resided in the North-West Territories for at least the twelve months and in this Electoral District for at least the three months immediately preceding the present time ; that I am now residing in polling division number of this Electoral District; that I have not voted at this election either at this or at any other polling place; and that I am a candidate at this election (or that I am acting as Deputy Ee- turning Officer or Poll Clerk or Agent or Scrutineer for as the case may be, at this polling station.) 82 Sched. 2 elections ordinance Cap. 3 48 FORM L. Interpreter's Oath. {Sec. 47.) I, , do solemnly swear (or, if he is one of the persons permitted by law to affirm in civil cases, do solemnly af&rm) tnat I will well, truly and faithfully interpret all such instructions and information necessary to enable any voter to cast his vote at this election as I may be directed by the Deputy Returning Officer to communicate to such voter, and that I will not say or communicate anything to any such voter to induce him to vote for, or to refrain from voting for anv particular candidate. So help me God. A.B. Sworn before me, etc. (Signature of Deputy Returning Officer.) FORM M. Notice' to Appear. (Sec. 49.) To Take notice that you are hereby required to appear at (here describe with reasonable certainty the building or place fixed for sittings of the Court of Revision) on the day of 1 , at the hour of o'clock noon, before me and such Justice of the Peace as shall then be sitting with me, to snswer to a charge of having voted contrary to the provisions of The Territories Elections Ordinance. Dated this day of A.B., Deputy Returning Officer. FORM N. Summons to a Witness. (Sec. 61.) To A.B. You are hereby commanded to appear before us at (here de- scribe with reasonable certainty the building or place fixed for sittings of the Court of Revision) in polling division Number of the Electoral District of on the day of 1 , at the hour of o'clock noon, and so on from day to day until the charge hereinafter mentioned is tried or other- wise disposed of, to testify and give evidence upon the hearing 83 49 Cap. 3 ELECTIONS ORDINANCE Sched. 2 before us of a charge preferred against one C. D., of having voted contrary to the provisions of The Territories Elections Ordinance. And you are hereby further commanded to bring with you and produce at the time and place aforesaid all papers and articles in your possession or power in any way relating to said charge or to any matter connected therewith. Witness our hand {or my hand) this day of 1 Deputy Returning Officer. Justice of the Peace. (This Summons may be issued by the Deputy Returning Officer or by the Justice of the Peace or by both.) SCHEDULE 3. TARIFF A. Witness Fees. {Sections 61, 70.) For every day necessarily absent from residence hi going to, staying at and returning from hearing — When residence is within 4 miles of place $ 1 00 When over 4 miles 2 00 For every mile necessarily travelled other than by railway 10 When railway used : actual fare paid. TAEIFF B. Schedule of Costs to be allowed upon Inquiry before Judge of Supreme Court. {Sees. 92, 94^. To the Clerk of the Court for receiving, filing and entering such appeal and attending Judge with notification and on hearing of appeal and judg- ment $ 2 00 84 Sched. 3 elections ordinance Cap. 3 °" To the Clerk for issuing each Summons, Subpcena or Notice 60 To the Clerk, all necessary postage. To the Clerk, taxing each bill of costs actually taxed 50 To Witnesses, the same fees as are allowed in civil cases. To the Advocate for the party succeeding on each appeal 2 00 To be increased in the discretion of the Judge to an amount not exceeding $16.00. TARIFF C. Fees for election services. {Sec. 120.) Eeturning Of&cer, where no poll is held $20 00 Election Clerk, where no poll is held 6 00 Returning Officer, where poll is held 76 00 Election Clerk where Poll is held 20 00 Deputy Returning Officer 6 00 Poll Clerk 3 00 Interpreter 2 00 (If employed in less than eight cases, twenty-five cents for each case.) Deputy Eeturning Officer and Justice of the Peace sitting as Court of Revision, each 6 00 Each of&cer for every mile necessarily travelled in the discharge of his duties 15 Rent of house for nomination 4 00 Rent of house for polling station 4 00 Rent of house for Court of Revision 4 00 Rent of house for count by Returning Officer 4 00 86 Short title CHAPTER 4. An Ordinance respecting Controverted Elections. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories en- acts as follows : SHORT TITLE. 1. This Ordinance may be cited as " The Controverted Elec- tions Ordinance." CO. c. 4, s. 1. INTERPRETATION. intrepretation 2. In this Ordinance unless the context otherwise requires : •Judg-e" "Clerk 1. The expression "tne judge" shall mean the judge of the Supreme Court of the North-West Territories usually exercis- ing jurisdiction in the judicial district in which a petition is filed as hereinafter provided; but any other judge of the said court may (if for any cause it is deemed expedient or necessary that he should act) perform any of the duties or exercise any of the functions herein prescribed for the judge; 2. The expression " the clerk" shall mean the clerk of the said court for the said judicial district. CO., c. 4, s. 2. PETITIONS. Tme for Election petition Who may petition 3. At any time within one month after the publication by the clerk of the Executive Council of the notice prescribed by section 119 of The Territories Elections Ordinance any defeated candidate or any duly qualified elector of the electoral district in which the election was held may petition against the undue return or undue election of any candidate at such election. CO., c. 4, s. 3. Form of petition Filing 4. Such petition may be in form A in the schedule hereto; and shall within the time prescribed by the last preceding section be filed in the office of the clerk of the Supreme Court of the North- West Territories for the judicial district in which such electoral district or the largest part thereof is situated, and shall contain the following statements : (a) The right of the petitioner to petition; 86 s. 9 CONTROVERTED ELECTIONS Cap. 4 (b) The holding and resujlt of the election in general terms ; (c) In a brief form the facts and grounds relied on to sanction the prayer ; and such petition shall conclude with a prayer that the election may be declared void and set aside, and it also may contain a prayer that some other candidate at the election than the ona certified to be elected was duly elected. CO., c. 4, s. 4. SECURITY FOR COSTS. to ive security 5. The petitioner shall at the time he files such petition gf^'^^'f^J.^" deposit with the said clerk the sum of $500 in current bank for costs notes of the Dominion of Canada, or other current money as security for the respondent's costs of and incidental to the said petition and the proceedings thereunder. CO., c. 4, s. 5. SERVICE OF PETITION. 6. A copy of such petition shall be served on the candidate fj^^°"^^^^ against whom such petition is filed (herein called the respond- with copy of ent) within twenty days after the same is so filed; and such service may be effected in the way that service of a writ of summons in an ordinary civil action in the said court is effected. CO., c. 4, s. 6. petition 7. Upon the judge being satisfied by affidavit either before or after the time hereinbefore limited for the service of a copy of the petition that every reasonable effort has been made to effect such service and that such service has not been effected, he may ex parte extend the time for effecting such service for a period not exceeding ten days and so from time to time until such service has been effected; or the judge may in such case make an ex parte order for substitutional service of such peti- tion in such manner as he may direct. CO., c. 4, s. 7. Extension of time for service Substitutional Service ADDRESS FOR SERVICE. 8. The petitioner shall indorse on the petition filed with the clerk and on the copy thereof served on the respondent an address for service (which shall not be more than three miles dress for service (which shall not be more than three miles from such clerk's office) at which all summonses, notices, demands and other papers in the proceedings may be served on him; and in default of so doing such summonses, notices, demands and other papers in the proceedings may be served on him by being filed with the clerk. CO., c. 4, s. 8. Petitioner to endorse address for service on petition 9. The respondent shall within ten days after being served ^j^^p^^^^I"^*/*^ with a copy of the petition as hereinbefore provided file with address for Cap. 4 CONTEOVEETED ELECTIONS S. 9 Respondent may appl>[ to have petition set aside the clerk a notice in writing specifying an address for service not more than three miles from such clerk's office at which all summonses, notices, demands and other papers in the proceed- ings may be served on him; and in default of so doing such summonses, notices, demands or other papers may be served on him by being filed with the clerk. CO., c. 4, s. 9. PEELIMINAEY OBJECTIONS. 10. The respondent may at any time within twenty days after the service upon him of the petition apply to the judge to set such petition aside and have it removed from the files of the court on any of the following grounds : (a) That the petitioner is not qualified to file a petition ; (b) That the petition was not filed within the prescribed time; (c) That the deposit has not been made as provided in sec- tion 6 hereof; (d) That the petition does not on its face disclose sufficient grounds or facts to have the election set aside or declared void; (e) That service of a copy of such petition has not been made on him as herein prescribed ; and the judge may (if satisfied that the application is well founded) order the petition to be set aside and removed from the files of the court with or without costs as he may direct; or (if not so satisfied) may dismiss the application with or with- out costs as aforesaid. CO., c. 4, s. 10. PAETICULAES. Respondent may apply for further particulars 11. Evidence need not be stated in the petition but the re- spondent may at any time within twenty days after service upon him of the petition (unless he makes an application under the last preceding section, and if he does then within five days after such application is disposed of if it is refused or dis- missed) apply to the judge for particulars or for further and better particulars of the facts and grounds relied on to sustain the prayer of the petition; and the judge may order such par- ticulars as may be necessary to prevent surprise and to ensure a fair and effectual trial; and may prescribe the time within which such particulars shall be delivered; and may in such order direct that in case such particulars are not delivered as prescribed the petitioner shall not be at liberty to give any evidence at the trial with respect to facts and grounds of which particulars are ordered and not delivered. CO., c. 4, s. 11. Respondent may file statement of PETITION CLAIMING SEAT; OBJECTIONS. 12. If the petitioner claims the seat for any other candidate than the one certified to be elected the respondent may within S. 14 CONTROVERTED ELECTIONS Cap. 4 4 twenty days after service upon him of the petition (unless he objections if applies to set aside the petition under section 10 hereof, and if fofotifeTthln he does then within ten days after such application is disposed catSdlte of if it is refused or dismissed) file with the clerk a statement in form B in the schedule hereto, claiming that the seat ought not to be awarded to the candidate for ^^'hom it is so claimed because : (a) He is not qualified to be elected a member of the Leg- islative Assembly of the Territories; (b) He at the election in question was guilty of some act or acts in contravention of sections 123, 124 or 125 of The Territories Elections Ordinance; and serve a copy of such statement on the petitioner. CO., c. 4, s. 12. settinj aside objections. 13. The petitioner within ten days after service upon him appiyTo'hrie'^ of the said statement may apply to the judge to set such state- ob^ecSlnsset ment aside and have it removed from the files of the court on '^^'^^ any of the following grounds : (o) That it was not filed within the prescribed time ; (6) That it was not served on him as herein prescribed; (c) That it does not on its face disclose sufficient grounds to have the election declared void as against the can- didate for whom the seat is claimed; (d) That the petition does not claim the seat for any other candidate ; or if the statement is not served on the petitioner as herein di- rected he may apply at any time to have it set aside and re- moved from the files of the court ; and the judge may (if satis- fied that any application under this section is well founded) order such statement to be set aside and removed from the files of the court with or without costs as he may direct ; and if not so satisfied he shall dismiss the application with or without costs as he may direct. CO., c. 4, s. 13. evidence; particulars. 14. Evidence need not be stated in such statement but the may apply petitioner may at any time within ten days after service upon par&uia^ him of the said statement (unless he make an application under section 13 hereof to set the statement aside, and if he does then within five days after such application is disposed of if it i? refused or dismissed) apply to the judge for particulars or for further and better particulars of the facts and grounds re- lied on for the claim that the seat ought not to be awarded to the candidate for whom it is claimed in the petition ; and the 89 Cap. 4 CONTROVEETED ELECTIONS S. 14 judge may order such particulars as may be nboessary to pre- vent surprise and to ensure a fair and effectual trial in the same manner and with the same consequence as prescribed ir section 11 hereof. CO., c. 4, s. 14. PETITIONS AT ISSUE. Petition when at issue 15. If the said petition is not ordered to be set aside and taken off the files of the court the same shall be deemed to be at issue when all other orders (upon applications hereinbefore authorised to be made) by the judge have been made whether granting or refusing such applications or when the time for making such applications has expired if no such applications have been made. CO., c. 4, s. 15. Application of petitioner for time and place J3f trial 16. At any time after the said petition is at issue the peti- the trial of the petition; and the judge (on being certified that the trial of the petition; and the judge (on being certified that the petition is at issue) shall appoint a time and place for such trial. CO., c. 4, s. 16. Application of respondent for dismissal of petition 17. If the petitioner does not within one month after the pe- tition is at issue apply to the judge to appoint a time and place for the trial of the petition the respondent may apply to the judge to dismiss the petition; and the judge may thereupon at the return of the summons (if the application is properly made) either dismiss the petition with costs or appoint a time and place for the trial of the petition. CO.. c. 4, s. 17. GENERAL. Petition and proceeding's thereunder deemed cause in court 18. The said petition and all proceedings thereunder shall be deemed to be a cause in the court in which the said petition is filed, and all the provisions of The Judicature Ordinance in so far as they are applicable and not inconsistent with the provisions of this Ordinance shall be applicable to such peti- tion and proceedings ; and the tariff of costs for clerks, sheriffs, advocates and interpreters (whether prescribed by The Judi- cature Ordinance or under its authority) shall be applicable to such proceedings. CO., c. 4, s. 18. Applications to judge in chambers 19. Applications to the judge shall be made in chafmbers and unless authorised to be made ex parte shall be made by summons. CO., c. 4, s. 19. TRIAL. Trial 20. The judge shall attend at the time and place appointed 90 S. 23 CONTROVEETED ELECTIONS Cap. 4 6 for the trial and try the matters of the said petition and aris- ing thereout ; and such place of trial shall be an open coui t at which the usual officers of the court shall attend and per- form their respective duties as in the case of any other trial in the said court; and Su^ch trial may be adjourned from day to day or for such further time as the judge may direct. CO., c, 4, s. 20. judge's report. 21. If the judge on such trial finds that the respondent was tocferkV''"'^ unduly returned or elected a member of the Legislative Assem- coimdr^ bly by reason of any of the matters alleged in the petition he shall forthwith after the expiration of fourteen days from de- livering his judgment (unless his judgment is appealed and application is made for a stay as hereinafter provided) report such finding to the Clerk of the Executive Council ; and shall certify in such report for what cause he finds that the respon- dent was unduly returned or elected; and if the seat is by the petition claimed for another candidate than the respondent and the judge finds at such trial that such other candidate is entitled to the' seat, he shall so certify in the said report to the said Clerk of the Executive Council and thereupon such other candidate shall be entitled to the seat in the place and stead of the respondent; but the judge shall not so find or certify that such other candidate is entitled to the seat under any circum- stances if he finds that he is not qualified by law to be a mem- ber of such Assembly or that at the election in question he was guilty of any acts in contravention of sections 123, 124 or 125 of The Territories Elections Ordinance, provided that such want of qualification or acts (as the case may be) have been charged against such candidate in a statement filed under the provisions of section 12 hereof. (2) If the judge does not in such report certify that another candidate is entitled to the seat the election shall be void and set aside and a writ of election shall be issued to fill the vacancy so created. CO., c. 4, s. 21. 22. If the judge at the trial finds that the matters set forth oj^^i^^^i ^^ in the petition are not proved to his satisfaction he shall dis- petit'o" miss the petition. CO., c. 4, s. 22. WITHDRAWAL OP PETITIONS. 23. The petitioner may at any time withdraw his petition withdrawal ot bj'- filing with the clerk a statement in writing that he so with- p<=''''°" draws it and serving the respondent with a notice of such withdrawal; and in such case the judge shall on application 91 Cap. 4 CONTROVERTED ELECTIONS s. 23 Withdrawal of statement by respondent Admission of undue election filed by respon- dent, election iieclared void Costs in discretion of judge Judg:e may order costs to be paid out of security deposited order the petitioner to pay the respondent's costs of and inci- dental to the petition and the proceedings thereunder. CO., c. 4, s. 23. 24. The respondent may at any time withdraw any state- ment filed by him under section 12 hereof by filing with the clerk a statement that he so withdraws it and serving the pe- titioner with a notice of such withdrawal ; and in such case the judge shall on application order the respondent to pay the petitioner's costs of and incidental to such statement. CO., c. 4, s. 24. ADMISSION OF UNDUE ELECTION. 25. Unless the seat is claimed for a candidate other than the respondent, the respondent may at any time admit that he was unduly returned or elected by filing with the clerk a statement in writing admitting such fact and serving the petitioner with a notice that such statement has been filed; whereupon the judge shall on application order the respondent to pay to the petitioner his costs of and incidental to the petition; and shall report to the Clerk of the Executive Council that the respon- dent has admitted that he was unduly returned or elected; whereupon the election shall be void and set aside and a writ of election shall be issued to fill the v&jancy so created. CO., c. 4, s. 25. COSTS. 26. Except when otherwise provided the cost of the peti- tion and all matters incidental thereto and arising thereout shall be in the discretion of the judge. CO., c. 4, s. 26. 27. If the judge at any time orders costs to be paid by the petitioner, he may (when the petition and all matters arising thereout have been finally determined and disposed of) order such costs to be paid out of the moneys deposited by the peti- tioner on filing the petition; but nothing in this section shall be construed as preventing the respondent from proceeding at any time to recover any costs that may have been awarded to him according to the ordinary practice of the court. CO., c. 4, s. 27. APPEAL. Appeal to Supreme Court en banc 28. An appeal shall lie to the Supreme Court of the Terri- tories sitting en banc from any order or determination of the judge; and such appeal shall be had and taken and all pro- ceedings relating thereto shall be had and taken and the Supreme Court en banc shall deal with such appeal in the same manner as appeals and the proceedings thereunder are had 92 S. 32 CONTROVERTED ELECTIONS Cap. 4 8 taken and dealt with under The Judicature Ordinance. CO., c. 4, s. 28. 29. If such appeal is from an order or determination other interlocutory n _n 1 • T • appeals than any nnding or determination under sections 21 or 22 hereof it shall not operate as a stay of proceedings unless so ordered by the judge; and the judge may for reasonable cause stay of at any time set aside any stay of proceedings he may so order. * ^''°""' '"^^ CO., c. 4, s. 29. 30. If such appeal is from any finding or determination stay of under section 21 hereof the appellant shall (before the expira- lp°p'S''fVo^m°" tion of the fourteen days mentioned in that section) apply *"^ judgment ex parte to the judge for a stay of proceedings; and the judge on being satisfied that notice of the appeal has been duly given shall make an order staying proceedings and shall not for- ward his report as provided in section 21 until the appeal is finally determined. (2) The other party may apply to the judge at any time be- Application to fore the appeal is lodged with the registrar of the Supreme fo"delay'^^ Court to have such stay set aside and the appeal quashed on the ground that the appeal is not being prosecuted with suf- ficient dispatch; and the judge may if satisfied that there has been undue delay in prosecuting such appeal set aside the stay of proceedings and quash the appeal and in that case shall forthwith forward his report to the Clerk of the Execu- tive Council as provided in section 21. (3) No order shall be made as provided in the preceding subsection if at the time of the application the appeal has been lodged with the said registrar. CO., c. 4, s. 30. 31. When any appeal to the Supreme Court en banc is duly Hearing: and lodged with the registrar it shall be proceeded and dealt with of''appeliL°" according to the practice of such court in appeals in civil causes; and the adjudication and finding of such court on such appeal shall be duly certified by the registrar to the judge appealed from ; and if the appeal is from any finding or deter- mination of the judge under section 21 and such finding or de- termination is affirmed in whole or in part, the judge shall forthwith forward his report to the Clerk of the Executive Report to cierk Council as provided in section 21 and as varied or modified councT''™ by the order of the court en banc if so varied or modified. CO., c. 4, s. 31. BALLOTS NOT TO BE COUNTED. 32. Nothing in this Ordinance contained shall be construed n„ ^„^„t ^^ 93 9 Cap. 4 CONTROVEETED ELECTIONS S. 32 j'udge^'''' ^'^ authorise the judge to count or recount the ballots cast at any election but the count of such ballots and the recount (if any) under The Territories Elections Ordinance shall be con- sidered conclusive. CO., c. 4, s. 32. SCHEDULE. FORM A. In the Supreme Court of the North- West Territories. Judicial District of Between A.B., Petitioner, and CD., Respondent. The petition of A.B., of (stating petitioner's residence and occupation) sheweth : 1. An election was held on the day of A.D. 1 (state the date of the general polling day) for the Electoral District of (state the name of the electoral district) at which CD. and E.F. were candidates, and the said CD. has been certified to be the person elected at such election. 2. The petitioner was a duly qualified elector at such elec- tion (or the petitioner was a defeated candidate at such elec- tion). 3. The petitioner says (state here the facts and grounds on which the petitioner relies). Wherefore the petitioner prays that it may be declared that the election of the said CD. is void and that it be set aside and (if the seat is claimed for another candidate) that it may be declared that the said E.F. was duly elected. Dated the day of A.D. 1 A.B. FORM B. In the Supreme Court of the North- West Territories. Judicial District of Between A.B., Petitioner, and CD., Respondent. The above named respondent, CD., says that the seat claimed ■ in the petition herein for the said E.F. ought not to be award- ed to him, because (here state the grounds and facts on which the respondent relies.) Dated the day of A.D. 1 CD. 94 CHAPTER 5. An Ordinance respecting the Public Service of the Territories THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : SHORT TITLE. 1. This Ordinance may be cited as "The Territories Public short title Service Ordinance." CO., c. 5, s. 1. INTERPRETATION. 2. In this Ordinance unless the context otherwise requires ^f a^fmlnt the expression "head of a department" or "head" means the member of the Executive Council for the time being presiding over a department. CO., c. 5, s. 2. 3. The expression "employee" or "employees" in this and "^-npioy^e' any other Ordinance shall include all persons in the service of the Government and of the Legisative Assembly of the Terri- tories other than the Clerk of the Legislative Assembly and the auditor appointed under The Treasury Department Ordinance. CO., c. 5, s. 3. APPLICATION. 4. The public service of the Territories for the purposes of this Ordinance includes and consists of the Clerk of the Legis- lative Assembly and the Territorial auditor and of all classes of employees in or under the following departments of the Government and of the Legislative Assembly of the Territories heretofore appointed or hereafter to be appointed by the Lieu- tenant Governor in Council or other competent authority, namely : (a) The office of the Executive 'Council ; (b) The department of the Attorney General; (c) The department of the Territorial Secretary; (d) The department of the Treasury; (e) The department of Public Works; (/) The department of Agriculture; (g) [The department of Education.] (h) The offices of the Legislative Assembly. CO.. c. B, s. 4; 1901, c. 3, s. 1. 96 Public service Cap. PUBLIC SERVICE S. 5 Application to officers of the Supreme Court 5. Save as hereinafter excepted, this Ordinance shall apply to the offices of the registrar, clerks and deputy c]erks of the Supreme Court of the Territories. In so far as applicable and for the purposes of this Ordinance the word "department" in this Ordinance shall extend to and include the officers of the Supreme Court mentioned in this section, and the Attorney General of the Territories for the time being shall be the head thereof; but nothing herein contained shall impair or inter fere with any already established a-uthority or control of the courts and judges over their offices. CO., c. 5, s. 5. Application to g_ This Ordinance shall apply to the permanent emplove'js the employees of , , ^ '■ "^ . , m n i • "i i the Legislative of the Legislative Assembly saving always all legal rights ^ and privileges of the said Assembly as respects the appoint- ment or removal of its officers or servants or any of them. CO., c 5, s. 6. DIVISION OF THE PUBLIC SERVICE. Inside divison Outside division 7. The public service shall be divided into two divisions . (a) The first or inside division shall consist of the em- ployees comprising the several departmental staffs at the seat of government in the Territories enumer- ated in the fourth section of this Ordinance ; (b) The second or outside division shall comprise all other employees of the Government of the Territories. CO., c. 5, s. 7. Appointment, how made CLERK OF THE LEGISLATIVE ASSEMBLY. 8. The Clerk of the Legislative Assembly shall be appointed by the Lieutenant Governor in Council and shall hold office during pleasure; but whenever such pleasure is exercised in the direction of removing a clerk of the Legislative Assembly from his office a statement of the reasons for so doing shall be laid on the table of the Legislative Assembly within the first fifteen days of the next following session thereof. CO., c. 5, s. 8. MANAGEMENT OF DEPARTMENTS. Oversight of department 9. The head of each department shall overs^ie and direct the employees of the department; and shall have general control of the business thereof; and shall perform such other duties as are assigned to him by the Lieutenant Governor in Council. CO., c. 6. s. 9. Powers ot deputy in absence of head 10. In the absence of any head, the deputy or assistant to the head of the department shall perform the duties of such head unless an acting head of the departm'int is appointed or 96 s- 15 PUBLIC SERVICE Cap. 5 £ the performance of such duties is otherwise provided for by the Lieutenant Governor in Council ; and any deputy or assistant head so acting during such absence shall exercise all the pow- ers vested in the head as to the control of the other employees of the department. CO., c. 5, s. 10. APPOINTMENTS. 11. Every employee entering the public service of the Ter- Termot ritories within the meaning of this Ordinance shall be subject employees"' to a probation of six months ; and his employment shall cease at the end of that period from the date of his first employment unless at or before the end of that period the head signifies in writing that such person is considered by him as competent for the duty of that department; and if he is rejected the head of the department shall report to the Lieutenant Governor in Council the reasons for rejecting him. CO., c. 5, s. 11. 12. All appointments to the public service shall be made by How made the Lieutenant Governor in Council on the application and report of the head of the department in which the person ap- pointed is to be employed. All such appointments shall be during pleasure. CO., c. 5, s. 12. 13. It shall be lawful for the Lieutenant Governor in Coun- Acting cil to appoint any member of the Executive Council to act as head of a department and also to appoint any acting officer or servant of any kind who shall have all the power and authority of the person for whom he is acting. (2) Such acting head of department, officer or servant shall when to have act only in the absence from the post of duty or during illness ''*'^"' or other physical disability of the person for whom he acts or in case of a vacancy in office. CO., c. 5, s. 13. OATHS. 14. All employees of the public service who have not al- Employees to ready done so and every Clerk of the Legislative Assembly, oatSfof"'" Territorial auditor or employee hereafter appointed before any offiS"'"'^^ """* salary is paid to him shall take and prescribe the oath of alle- giance and also the oath contained in form A in the schedules hereto in addition to any other oath which may be provided by any other Ordinance in that behalf. CO., c. 5, s. 14. 15. In the case of the Clerk of the Executive Council and all cierk of employees under him and in the case of any officer or employee coundi to of whom the Lieutenant Governor requires the same there oathTf* " qn secrecy Gap. 6 PUBLIC SERVICE 15 shall be added to the oath at the asterisks in the form of the oath in said form A of the schedule hereto the words contained in form B in the said schedule. CO., c. 5, s. 16. Persons before whom such oaths are to be taken 16. The Clerk of the Executive Council shall take and sub- scribe the said oaths before the Lieutenant Governor or some one appointed by him to administer the same; in the case of persons residing or coming to reside at the seat of Government in the Territories the oath shall be taken and subscribed be- fore the Clerk of the Executive Council ; in other cases the oaths may be taken and subscribed before any person duly author- ised to administer oaths in the Territories who shall forward the same to the Clerk of the Executive Council. CO., c. 6, s. 16. Record of oaths 17. The Clerk of the Executive Council shall keep a record of all such oaths. CO., c. 6, s. 17. SALARIES. Salaries jg. All employees in the public service of the Territories, the clerk of the Legislative Assembly and the Territorial auditor shall receive such salaries respectively as may be assigned to them by order in council and voted by the Legislature. CO., 0. 6, s. 18. ORGANISATION. Precedence of officials 19. The staff of each department shall be divided and rank as follows : (a) The deputy or assistant to the head of the depart- ment; (b) The chief clerk of each branch, bureau or sub-de- partment provided the department is so divided; (c) Clerks; (d) Messengers. CO., c. 5, s. 19 . Division of departments 20. The Lieutenant Governor in Council may from time to time divide any department into as many branches, bureaus or sub-departments as may appear most convenient for th^ service; and one of the clerks in such department may be ap- pointed chief c^erk of such branch, bureau or sub-department. CO., c. 5, s. 20. GENERAL PROVISIONS AND REGULATIONS. Officials required 21. As soon as conveniently may be after the passing of this Ordinance the Lieutenant Governor in Council shall deter- mine the number of officers or employees that are required for 98 assistance and paj'ment therefor s- 27 PUBLIC SERVICE Cap. 5 the working of each department and shall classify the same according to the arrangements so determined. CO., c. 5, s . 21 . 22. No extra clerk or other employee shall (except under an Extra clerical order in council) be employed in any department unless for a paymmr °"' period not exceeding three months for which he may be paid al a rate not exceeding two dollars and a half per day out of the appropriation of the department on the certificate of the head thereof ; except only that if such extra clerk or employee be a person of special attainments and employed as such he may be paid at a rate not exceeding the ordinary charge for such services. (2) Any extra clerk or employee may (under an order in Employment ■ 11 n T -1 n of extra clerks council made on the application and report of the head of the department that the same is requisite) be employed for a long er period than three months and he shall during such period be borne on the pay list of the department. At the end of six months such extra clerk or employee shall only be retained in the department as a probationary clerk or employee if ap- pointed as such in the manner required herein. CO., c. 6, s. 22. 23. The Lieutenant Governor in Council may regulate Hours of the hours of attendance of the employees in any department; '^"'="''=""'^'= and when the public service demands (in case of pressure or urgency) that additional time be given such additional time as the head or deputy head of any department may require shall be given by all the clerks and employees without additional compensation. CO., c. 5, s. 23. 24. The Lieutenant Governor in Council may transfer any Transfer of clerk or employee from one department to another or assign department to any duties to any clerk or employee temporarily or otherwise. CO., c. 5, s. 24. 26. No allowance or compensation shall be made for any Payment for extra services whatsoever which any clerk or employee may be required to perform. CO., c. 5, s. 25. 26. The head of a department may suspend from the per- Suspension of formance of his duty or from the receipt of his salary any em- ployee guilty of improper conduct or negligence in the per- formance of his duties; and may subsequently remove such suspension; but no person shall receive any salary or pay for the time during which he was under suspension. CO., c. B, s. 26. 27. Any application for increase of salary made by any No applications T • j_T 1 1 • • 1 J.1 1 • for increase of employee m the public service or by any other person on his salary to be 99 made. 6 Cap. 6 PUBLIC SERVICE s. 27 behalf with such employee's consent or knowledge shall be considered as a tendering of the resignation of such employee. CO., c. 5, s. 27. abTence^ 28. The hcad of a department may at such times as may be convenient grant to each employee in the department leave of absence for recreation for any period not exceeding three weeks for each year of service; and the head of a department may (in cases of illness or other pressing necessity) grant such ex- tended leave not exceeding twelve months and on such terms as the Lieutenant Governor in Council may think fit. CO., c. 6, s. 28. Rules and 29. Thc Licutcnant Governor in Council may make rules regulations "^ . may be made aud regulatlons for carrying the provisions of this Ordinance into effect. CO., c. 5, s. 29. SCHEDULE. FOEM A. Oath of Office. I (A.B.) do solemnly and sincerely swear that I will faith- fully and honestly fulfill the duties which devolve upon me as , and that I will not ask or receive any sum of money, services, recompense or matter or thing whatsoever, directly or indirectly, in return for what I have done or may do in the discliarge of any of the duties of my said office, except my salary or what may be allowed me by law or by an Order of the Lieutenant Governor in Council * * So help me God. FOEM B. Addition to Oath for Clerk of Executive Council and Others. And that I will not, without due authority in that behalf, disclose or make known any matter or thing which comes to my knowledge by reason of my employment as (as the case may be.) 100 CHAPTER 6. An Ordinance Respecting the Department of the Attorney General. rrHE Lieutenant Governor by and with the advice and con- -*- sent of the Legislative Assembly of the Territories en- acts as follows : SHOET TITLE. 1. This Ordinance may be cited as "The Attorney General's short title Ordinance." CO., c. 6, s. 1. ORGANISATION AND FUNCTIONS OF DEPARTMENT. 2. There shall be a department of the civil service of the, organisation Territories to be called the department of the Attorney General over which the member of the Executive Council appointed by the Lieutenant Governor under the seal of the Territories to discharge the functions of the Attorney General for the time being shall preside; and the said Attorney General shall ex officio be Her Majesty's Attorney General in and for the Ter- ritories. CO., c. 6, s. 2. 3. The duties of the Attorney General shall be as follows : Duties (a) He shall be the of&cial legal adviser of the Lieutenant Governor and the legal member of the Executive Council ; (b) He shall see that the administration of public affairs is in accordance vidth law; (c) He shall have the superintendence of all matters con- nected with the administration of justice in the Ter- ritories within the powers of jurisdiction of the Leg- islative Assembly or Government of the Territories; {d) He shall advise upon the legislative acts and proceed- ings of the Legislative Assembly of the Territories and generally advise the Crown upon all matters of law referred to him by the Crown; (e) He shall be entrusted with the powers and charged with the duties which belong to the Attorney General and Solicitor General of England by law or usage so far as the same powers and duties are applicable to the Territories; and also with the powers and duties which by the laws of Canada and of the Territories 101 2 Gap. 6 ATTORNEY GENERAL S. 3 (e) to be administered and carried into effect by the Gov- ernment of the Territories belong to the office of the Attorney General and Solicitor General. (/) He shall advise the heads of the several departments of the Government upon all matters of law connected with such departments respectively; (g) He shall be charged with the settlement of all in- struments issued under the seal of the Territories ; (h) He shall have the regulation and conduct of all liti- gation for or against the Crown or any public department in respect of any subjects within the authority or jurisdiction of the Legislative Assembly; (i) He shall be charged generally with such duties as may be at any time assigned by law or by the Lieutenant Governor in Council to the Attorney General of the Territories. CO., c. 6, s. 3. dSr^ ^^ *• '^^® Lieutenant Governor in Council may appoint such other officers, clerks and servants as are required for the pro- per conduct of the business of the department, all of whom shall hold office during pleasure. CO., c. 6, s. 4. FORMER ACTS LEGALISED. u^^r\tL 5. All acts heretofore done or appointments made in con- formity with or to the effect of any of the provisions herein are declared to have been and to be legal and valid. CO., c. 6, s. 5. U,2 CHAPTER 7. An Ordinance Respecting the Department of the Territorial Secretary, rpHE Lieutenant Governor by and with the advice and con- -■- sent of the Legislative Assembly of the Territories en- acts as follows : SHOET TITLE. 1. This Ordinance may be cited as " The Territorial Secre- short title • tary's Ordinance." CO., c. 7, s. 1. ORGANISATION AND FUNCTIONS OF DEPARTMENT. 2. There shall be a department of the public service of the organisation Territories to be called the department of the Territorial Secre- tary over which the member of the Executive Council ap- pointed by the Lieutenant Governor under the seal of the Ter- ritories to discharge the functions of the Territorial Secretary for the time being shall preside. CO., c. 7, s. 2. 3. The powers, duties and functions of the Territorial Secre- Duties tary are as follows : (a) He has all the poA\'ers, duties and functions which are assigned by law or custom to Provincial Secretaries and Registrars of the different Provinces of the Do- minion of Canada in so far as they or any of them may be applicable to the Territories; (b) He is the keeper of the seal of the Territories; and shall issue all letters patent, commissions and other documents under the said seal and countersign the same with the exception of those which shall be countersigned by the clerk of the Executive Council ; and all commissions under the seal shall run in Her Majest37-'s name; (c) He is the keeper of all registers and archives of the Territories. CO., c. 7, s, 3. 4. The Territorial Secretary shall be the Registrar of the ^o be Territories; and as such shall register all instruments of sum- Registrar mons, commissions, letters patent, writs and other instruments and documents issued under the seal of the Territories ; and his signature shall be proof of the fact that such registers, arch- ives, instruments of summons, commissions, letters patent, writs 103 2 Cap. 7 TERRITORIAL SECRETARY S. 4 and other instruments and documents exist and are lawfully in his possession ; and any copy (signed by him) of any docu- ment shall be equivalent to the original instrument itself in any court in the Territories ; and every document or copy of a docu- ment purporting to bear his signature shall be deemed so to do until proof of the contrary. CO., c. 7, s. 4. Officers and 5. The Lieutenant Governor may at any time appoint such ^^"^^ other officers, clerks and servants as are requisite for the pro- per conduct of the business of the department, all of whom shall hold office during pleasure. CO., c. 7, s. 5. FEES. Fees 6. The Lieutenant Governor in Council may from time to time make a tariff of fees which shall be paid for the issuing and registering of commissions, letters patent, licenses and other instruments and documents and for the delivery of cer- tified copies thereof or of certified extracts from the registers and archives in the Territorial Secretary's department as here- inbefore mentioned; and the said Territorial Secretary shall account to the Territorial Treasurer for all moneys received in virtue of such tariff or of any Ordinance in force in the Terri- tories in such manner as may be prescribed by law or by the Lieutenant Governor in Council as the case may be. CO., c. 7, s. 6. 104 CHAPTER 8. An Ordinance Eespecting the Department of Agriculture. rpHE Lieutenant Governor by and with the advice and con- -*- sent of the Legislative Assembly of the Territories en- acts as follows : SHORT TITLE. 1. This Ordinance may be cited as "The Agriculture Depart- short title ment Ordinance." CO., c. 8, s. 1. OEGANISATION, OFFICERS AND FUNCTIONS OF DEPARTMENT. 2. There shall be a department of the public service tof the organisation Territories to be called the department of Agriculture, over which the member of the Executive Council appointed by the Lieutenant Governor under the seal of the Territories to dis- charge the functions of the Commissioner of Agriculture for rfA^cuSHre the time being shall preside. CO., c. 8, s. 2. 3. All that part of the administration of the government of Province ot the Territories which relates to agriculture, statistics and the public health (including hospitals) shall be under the control of the department. CO., c. 8, s. 3. 4. The Lieutenant Governor may at any time appoint such officers and other ofticers, clerJis or servants as may be required to carry on the business of the department all of whom shall hold office during pleasure. CO., c. 8, s. 4. 5. It shall be the duty of the department to institute in- Duties of quiries and collect facts and statistics relating to agricultural, '^''p^''*"^"' manufacturing or other interests of the Territories ; and to adopt measures for circulating and disseminating the same in such manner and form as may be found best adapted to pro- mote the progress of the Territories ; and to see to the observ- ance and execution of the propositions contained in all Ordi- nances relating to agriculture, statistics and public health. CO., c. 8, s. 5. 6. A report of the work of the department shall be prepared Annual yearly and laid on the table of the Legislative Assembly with- "■^p"'' in fifteen days after the commencement of the next ensuing session thereof ; and it shall be the duty of the department from time to time to issue such reports, circulars and other publica- tions as the minister may deem advisable. CO., c. 8, s. 6. 106 Gap. 8 AGRICULTURE S. 7 Persons required to furnish information to department 7. All officers of all agricultural societies, municipal coun- cils, villages, local improvement districts, school boards, public institutions, incorporated companies and all public officers of the Territories and all medical practitioners and veterinary- surgeons shall promptly answer all communications from the department; and shall from time to time collect and tabulate facts according to instructions to be furnished them from the department; and shall make diligent efforts to supply correct information on all questions submitted to them ; and any such person neglecting or refusing to comply with the aforesaid pro- visions of this section (when requested to so comply by the minister) shall be guilty of an offence and on summary con- viction thereof before a justice of the peace be liable to a penalty not exceeding $25. CO., c. 8, s. 7. 106 CHAPTER a An Ordinance Eespecting Public Worlis. rrflE Lieutenant Governor by and with the advice and con- -*- sent of the Legislative Assembly of the Territories en- acts as follows : SHORT TITLE. 1. This Ordinance may be known and cited as " The Public short title Works Ordinance." 1901, c. 4, s. 1. INTERPRETATION 2. In this Ordinance unless the context otherwise requires — 1. The expression " department" means the Department of ■■Department- Public Works for the North- West Territories ; 'A. The expression "commissioner" means the Commissioner ■■commisaionei of Public Works for the Territories; com- missioner" 3. The expression " deputy commissioner" means the deputy "Deputy commissioner or the person performing his duties for the time being; 4. The expression "chief engineer" means the chief engineer ■■chief of the department or the person performing his duties for the ^''^"'^' time being; 5. The expression "district surveyor and engineer" means ■■District ,.. T . n IT* T T surveyor and the district surveyor and engineer tor any public works dis- engineer'' trict appointed as herein provided or any surveyor or engineer employed from time to time by the commissioner to perform any of the duties imposed upon district surveyors and en- gineers by this Ordinance ; 6. The expression "public works district" means any portion ■■PuWic works of the Territories which may from time to time be sei aside as '''^'"''' a, public works district with a distinctive name; 7. The expression "surveyor" means a land surveyor duly ■surveyor" authorised under the provisions of The Dominion Lands Act or any Ordinance to survey lands in the Territories ; 8. The expression "road allowance" means any road allow- "Road . . f rm T^ • • T J allowance ance laid out under the provisions of 1 he Dominion Lands Act; 9. The expression " public road" means any road surveyed ■■Pubiie 107 Cap. 9 PUBLIC WORKS s. 2 (9) 'Ditch or drain" Construction'' "Maintenance"' "Public work" "Written" or "writing" "Official^^ valuator" 'Outlet" "Ferry" or "ferries" "Licence" and set aside as a public highway under the provisions of The North-West Territories Act or this Ordinance; 10. The expression " ditch" or " drain" means any ditch or drain open or covered wholly or in part and whether in the channel of a natural stream, creek, or watercourse or not and also the work and materials necessary for any culvert, catch basin or guards; and any ditch or drain constructed by the department may be called " Government Ditch " and dis- tinguished by a number ; 11. The expression "construction" means the original work of constructing any public work or opening or making any road allowance, road, ditch, or drain; 12. The expression " maintenance" means and includes the preservation and keeping in repair of any public work, road allowance, road, ditch or drain ; I'd. The expression " public work" means lands, streams, watercourses and property (real or personal) heretofore or hereafter acquired for public works; dams, hydraulic works and other works for improving the navigation of any stream; dams, slides, piers, booms or other works for facilitating the transmission of logs or timber; dams erected for the storage of water, water powers and works connected therewith ; roads, culverts, bridges, ditches, drains, public buildings and wells; 14. The expression " written" or "writing" or terms of like import mean and include words printed, engraved, lithograph- ed or otherwise traced or copied ; 15. The expression " official valuator " means the official appointed to that position as herein provided ; 16. The expression " owner" includes any person who by any right, title or estate ''vhatsoever is or is entitled to be in possession of any land; 17. The expression "outlet" means any river, creek, water- course or natural drainage channel; 18. The expression " person " includes partnerships and companies ; 19. The expression " ferry" or " ferries" means any scow, barge or boat used for the purpose of carrying passengers, freight, vehicles, or animals across any river, stream or other body of water and the cable and appliances connected there- with ; 20. The expression " licence" means the licence issued to any person to operate a ferry under the provisions of this Ordinance. 1901, c. 4, s. 2. 108 s. 11 PUBLIC WORKS Cap. 9 3 ORGANISATION AND DUTIES OF THE DEPARTMENT. 3. There shall be a department of the public service of the organisation North-West Territories called the Department of Public Works °' ^^p'^'"'^^"' over which the member of the Executive Council appointed by the Lieutenant Govenor under the seal of the Territories to discharge the functions of the Commissioner of Public Works o°"bif/wOTks for the time being shall preside. 1901, c. 4, s. 3. 4. The commissioner shall have the administration, man- Administration agement and control ot the department and of the general busi- ness thereof ; and shall oversee and direct the officers, clerks and servants of the department. 1901, c. 4, s. 4. 5. The commissioner shall also have the management, Government charge and direction of the construction, heating, lighting, fur- nishing, maintenance and keeping in repair of all government buildings. 1901, c. 4, s. 5. 6. (Repealed) 1903, 2nd session, c. 3, s. 1. 7. The commissioner shall also have the control and man- Control of public works agement of the construction and maintenance of all public works ; and of the issue of any and all maps and plans needed jj^^^ ^^^ by the department or by any other department of the North- p'''"^ West Grovernment ; he shall also deal with all questions affect- ing obstructions to any road allowance or public highway p^^.^ which has been vested in the North-West Government for pub- highways lie use, including the crossing of such road allowances or pub- lic highways by irrigation ditches, canals or other works ; and with the providing and maintaining of public or private fer- Ferries ries as herein provided on any river or stream or other body of water in the Territories ; and shall have such other powers and duties as may from time to time be assigned to him by the Lieutenant Governor in Council. 1901, c. 4, s. 7. 8. (Repealed) 1903, 2nd session, c. 3, s. 1. Z'S^Lion 9. (Repealed) 1903, 2nd session, c. 3, s. 1. Yetf°^ commissioner VERIFICATION OF ACCOUNTS. 10. The commissioner may require any account sent in by ^^cco^nt^^^ay any person employed by the department to be verified by oath, oath affirmation or statutory declaration which as well as that to be taken by any witness may be administered or taken by the commissioner or by the deputy commissioner. 1901, c. 4, s. 10. , . . ... . J u Examination 11. The commissioner may by a notice in Avritmg signed by ofwitnesses him require the attendance before him at a time and place to 109 Cap. 9 PUBLIC WORKS S. 11 Compelling' attendance Renumeration Penalty for noncompliance be named in the notice of any person deemed necessary touch- ing any matter upon which his attendance is required; and may by the notice require such person to bring with him all papers, plans, books, documents and things in the possession or under his control bearing in any way upon the matter so before him ; and at the time and place appointed by the notice examine the person so notified to be present on oath touching the matter aforesaid. (2) J^'or the time lost and expenses incurred by any person in obedience to such notice, such person shall be entitled to reasonable remuneration to be paid out of the general revenue fund by the Treasurer on the certificate of the commissioner. (3) Any person wilfully neglecting or refusing in any way to comply with the notice of the commissioner or to be exam- ined as aforesaid shall be guilty of an offence and liable on summary conviction to a fine of $25 and on nonpayment of such fine forthwith after conviction to imprisonment for one month. 1901, c. 4, s. 11. Public works, etc., to be the property of His Majesty and controlled by department PUBLIC PEOPERTY. 12. All lands, streams, watercourses and property (real or personal) heretofore or hereafter acquired for the use of public worJis ; all dams, hydraulic works and other works for improv- ing the navigation of any water ; all slides, dams, piers, booms ana other works for facilitating the transmission of logs or timber ; all dams erected for the storage of water ; all hydrau- lic powers created by the construction of any public work ; all roads and bridges; all public buildings; all vessels, dredges, scows, tools, implements and machinery for the improvement of navigation; all drains and drainage works; all ferries; all wells; and all property heretofore or hereafter acquired, con- structed, repaired, maintained or improved at the expense of the Territories and not under the control of the Dominion Gov- ernment shall be and remain vested in His Majesty and so far as not under the control of any other department shall be under the control of the department of public works. 1901, c. 4, s. 12. other works may be declared public works 13. The Lieutenant Governor in Council may from time to time declare any other property (real or personal) and any works, roads, bridges, harbours, booms, slides, buildings or other thing specified in the last preceding section and pur- chased or constructed at the public expense to be public works subject to the provisions of this Ordinance; and they shall thenceforth be vested in His Majesty and under the control of the department. 1901, c. 4, s. 13. Maps, etc., not private pro- perty, may be li. Any person having possession of any maps, plans, spe- cifications, estimates, reports or other papers, books, drawings, 110 s. 18 PUBLIC WORKS Cap. 9 instruments, models, contracts, documents or records relat- ing to any public work who refuses or neglects upon demand of the commissioner or other person authorised to require it forthwith to deliver the same to the department shall be guilty of an offence and liable on summary conviction thereof to a penalty of $26 and on nonpayment forthwith on conviction to imprisonment for one month. 1901, c. 4, s. 14. 15. Any property (real or personal) when no longer required for the use of any public work may be sold, leased or other- wise disposed of under the authority of the [commissioner] and the proceeds of all such sales, leases and dispositions shall be accounted for as public money : Provided always that such property shall whenever prac- ticable be so sold, leased or disposed of by tender or public auction. 1901, c. 4, s. 15; 1903, 2nd session, c. 3, s. 2. required by department Public pro- perty may be sold Proviso CONTRATCS. 16. The commissioner shall have power to enter into any commissioner - , "^ may enter mto contract with any person or corporation that may be neces- contract sary or advisable in carrying out the provisions of any Ordi- nance of the Legislative Assembly ; but no deeds, contracts or writings shall hereafter be deemed to be binding on the de- partment nor shall be held to be the acts of the commissioner unless signed by him or by the deputy commissioner. 1901, c. 4, s. 16. 17. It shall be the duty of the commissioner to invite tend- ers by public advertisment or by other public notice for the construction and repair of all public works except in cases when from the nature of the work it can be more expeditiously and economically executed by order or commission or by r.r under the direction of the officers of the department. 1901, c. 4, s. 17. Tenders to be invited Exceptions 18. The commissioner when any public work is being car- ^^^^^^^J°^^ ried out by contract and in other cases may require that se- of contracts curity be given to and in the name of His Majesty for the due performance of the work within the amount and time specified for its completion ; and in all cases where it seems to the com- missioner not to be expedient to let such work to the lowest bid- der it shall be his duty to report the same and obtain the au- thority of the Lieutenant Governor in Council previous to where con- •^ f» T n T_ tracts not let passing by such lowest tender; but no sum ot money snail be to the lowest paid to the contractor nor shall any work be commenced on any contract until the contract has been signed by all the parties named therein nor until any security required has been given. 1901, c. 4, s. 18. Ill Cap. 9 PUBLIC WORKS 19 Contract to enure to His Majesty 19. All contracts respecting any public works or property (real or personal) under control of the department here- tofore or hereafter entered into by the commissioner or by any other person duly authorised to enter into the same shall enure to the beneht of His Majesty and may be enforced as if they had been entered into with His Alajesty under the authority of this Ordinance. 1901, c. 4, s. 19. ACTIONS AND SUITS. Actions to be instituted by Attorney General 20. All actions, suits and other proceedings for the enforce- ment of any contract or for the recovery of any damages for any tort or breach of contract or for the trial of any right in respect of any property (real or personal) under the control of the department shall be instituted in the name of His Majesty by the Attorney General. 1901, c. 4, s. 20. EVIDENCE OF RECORDS, ETC. Copies of records, etc., when attested to be prima facie evidence 21. Copies of any records, documents, plans, books, or papers belonging to or deposited in the department attested under the signature of the commissioner or of the deputy commis- sioner shall be prima facie evidence of the same and shall have the same legal effect as the original in any court or elsewhere. 1901, c. 4, s. 21. ANNUAL REPORT OF THE DEPARTMENT. Annual report 22. The commissioner shall make and submit to the Lieu- tenant Governor an annual report on all the works under the control of the department to be laid before the Legislative Assembly within ten days from the commencement of the session next following the end of the year for which such report is made with such further information as may be requisite to enable the Legislative Assembly to judge of the working of the department. 1901, c. 4, s. 22. PUBLIC WORKS DISTRICTS. Public works district 23. The Lieutenant Governor in Council may from time to time set aside any portion of the Territories as a public works district; and a notice of the Order setting aside any district describing the boundaries of the district shall be published in the official gazette. 1901, c. 4, s. 23. District sur- veyors and engineers 24. The Lieutenant Governor in Council may appoint one or more qualified persons as district surveyors and engineers for any public works district ; and may define their duties and 112 s. 27 PUBLIC woEKS Cap. 9 fix the remuneration to be paid such district surveyors and engineers. (2) A notice of the appointment of any district surveyor and engineer shall be published in the official gazette. 1901, c. 4, s. 24. 35. Any person who interrupts, hinders or molests any dis- Penalty for trict surveyor and engineer engaged in making any examina- diWrtsurveyor tion, exploration or survey in connection with any work auth- orised by this Ordinance shall be guilty of an offence and upon summary conviction thereof shall be liable to a penalty not exceeding $50 or to imprisonment for a term not exceeding two months or to both. 1901, c. 4, s. 25. nation witnesses 36. Any district surveyor and engineer may by notice in^f'wkn writing signed by him require the attendance before him at a time and place to be named in the notice of any person deemed necessary touching any matter upon- which his attendance is required in connection with any public work; and may by the comoeiiinr notice require such person to bring with him all papers, plans, attendance books, documents and things in his possession or under his control bearing in any way upon the matter so before him; and at the time and place appointed by the notice examine the person so notified to be present on oath touching the matter aforesaid. (2) For the time lost and expenses incurred by any person Remuneration in obedience to such notice such person shall be entitled to reasonable remuneration to be paid out of the general revenue fund by the treasurer on the certificate of the commissioner. (3) Any person wilfully neglecting or refusing in any way p^^^'^ f°^_^ ,^ to comply with the notice of the district surveyor and engineer or to be examined as aforesaid shall be guilty of an offence and liable on summary conviction to a fine of '$25 and on nonpay- ment of such fine forthwith after conviction to imprisonment for one month. 1901, c. 4, s. 26. SURVEYS. 37. The commissioner may from time to time cause sm^eys f_.^5[''^^''/j°*' to be made by a duly qualified surveyor of any old trail which existed as such prior to the subdivision of the land which it crosses into sections or any road allowance diversion or new road; and one copy of the plans of such surveys approved by the chief engineer shall be deposited in the land titles office for the land registration district within which such old trail, road allowance diversion or new road is situated and a second copy in the department. 113 Location and width Manual of instructions Cap. 9 PUfiLIC WORKS s. 27(2) (2) Such old trails, road allowance diversions or new roads shall be laid out one chain (or sixty-six feet) in width; and in making the survey of any old trail the surveyor may make such changes in the location thereof as he deems necessary without however altering its main direction. (3) The commissioner may from time to time prescribe a manual of instructions for the guidance of surveyors employed in making any surveys authorized by this Ordinance; and may therein direct the manner in which such surveys shall be marked on the ground and the plans and field notes of the same prepared. 1901, c. 4, s. 27. Closing up roads 28. The commissioner may close up the whole or any por- tion of any road allowance or other public road and may deal with the land in any such road allowance or other public road as may seem expedient. (2) All documents necessary to transfer the title to the por- tion of any road allowance or other public trail which has been closed as herein provided shall be signed by the commis- sioner. 1901, c. 4, s. 28. Survey for public works 39. The commissioner may cause to be made by a duly qual- ified surveyor the survey of any area required for any public building, dam, reservoir, ditch, drain or any other public work. 1901, c. 4, s. 29. Exploration for 30. The commissionsr may from time to time cause to be public work made by a duly qualified surveyor or engineer any exploration or investigation needed in connection with the examination of any portion of the Territories to determine the feasibility and cost of any proposed public work. 1901, c. 4, s. 30. [ss. 31 to 46, both inclusive^ Repealed] 1903, 1st session, c. 6, s. 35. LANDS REQUIRED FOR PUBLIC WORKS. Expropriation 47. The commissiouer may by surveyors, engineers, fore- pub&wo?ks men, agents, workmen and servants enter upon and take pos- session of any lands in whomsoever vested required for any public works. 1901, c. 4, s. 47. Survey and plan 48. Lands taken for any public work shall be surveyed and marked on the ground by a duly qualified surveyor who shall prepare a proper plan of the same. [(2) Every person who interrupts, hinders or molests any person while engaged under the authority of the commissioner. in removing any obstruction, making an examination for or in construction, maintaining or repairing any public work or any 114 s. 53 PUBLIC WORKS Cap. 9 9 works connected therewith on any land after the survey there- of has been approved by the commissioner shall be guilty of an offence and upon summary conviction thereof liable to a penalty not exceeding $50.00 and costs or to imprisonment for a period not exceeding thirty days or to both.] 1901, c. 4, s. 48; 1904, c. 2, s. 1. 49. The plans of any lands required for any public work pian to be shall be examined and approved by the chief engineer; and ETifginJer one copy thereof shall thereupon be filed in the department. 1901, c. 4, s. 49. 50. The commissioner may thereupon apply ex parte to a Application to judge of the supreme court for an order vesting in His Majesty ielfing°order every estate and interest in the lands shown on the plan in the next preceding section mentioned; and the judge shall upon the production to him of a copy of the said plan certified by the commissioner or chief engineer and a certificate of the com- missioner stating that the said lands are required for the purposes of this Ordinance make the said order which shall have the effect of divesting all persons other than His Majesty of any interest in the said land. 1901, c. 4, s. 50. 51. Upon the filing in the department of the plan of any Notice of land taken for any public work as hereinbefore provided ^j^g '^"■"p'="*='''°" commissioner shall except in cases hereinafter provided for cause to be served by ordinary process of mail upon all persons shown by the records of the land titles office to be interested in the lands so taken a notice setting forth the compensation which he is ready to pay for the lands so taken: Provided that when compensation is claimed by two or more persons who are unable to agree as to a division thereof the commissioner may pay the same to the clerk of the supreme court nearest to the land affected to be paid out to the parties interested in such proportions as may be ordered by a judge of the supreme court on application therefor. 1901, c. 4, s. 51. 52. If any person entitled to compensation for lands taken cia^^nfoj for any public work is dissatisfied with the amount off ered compensation therefor as herein provided he shall within one month from the date of the notice provided in the next preceding section notify the commissioner in writing of such dissatisfaction and shall in such notice state the amount he claims as compensation for the lands so taken together with a full statement of the facts in support of his claim. 1901, c. 4, s. 52. [53. The commissioner shall consider such claim for 'n- compensation creased compensation and shall notify the claimant of his de- tSion^in case cision in respect thereto by registered letter. of disagreement 115 10 Cap. 9 PUBLIC WORKS s. 53 (2) (2) Such claimant if dissatisfied with the decision of the commissioner may within sixty days after being notified of the decision of the commissioner give notice in writing to the commissioner which may be by registered letter that he will submit the claim to arbitration and the said claim shall there- upon be submitted to arbitration and such arbitration shall be to two arbitrators under the provisions of The Arbitration Ordinance. (3) If the claimant does not so notify the commissioner and make the deposit as in the next following subsection required within the said period of sixty days as in the next preceding sabsection provided he shall be deemed to have accepted the commissioner's decision and shall not thereafter be at liberty to question it. (4) The claimant shall with the notice of submission to ar- bitration deposit with the commissioner as rcurity for the costs of the arbitration a sum equal to ten per cent, of the amount claimed by him but not in any event less than $25. (5) All costs and expenses of the arbitration shaii be paid by the claimant unless the arbitrators shall award him a sum at least ten per cent, greater than the amount fixed by the commissioner by his final decision and the commissioner shall be entitled to deduct his costs and expenses of the arbitration out of the moneys deposited by the claimants and the surplus, if any, shall be returned to the claimant. (6) In the event of the claimant not being required to pay the commissioner's costs of the arbitration the full amount de- posited by him shall be returned to him. (7) The only costs allowable upon any arbitration under this section shall be arbitrators and witness fees. (8) In estimating the amount to which the claimant is en- titled the arbitrators shall consider, and find separately a= to, the value of the land taken and of all improvements thereon the damage, if any, to the remaining property of the claimant and the original cost only of any extra fencing which may be necessary by reason of the taking of the land and if the value of the remaining property of the claimant is increased by reason of the construction of the public work through his property the increase of value shall be deducted from the amount so estimated and found and the balance, if any, shall be the amount awarded to the claimant.] 1903, 2nd session, c. 3, s. 3. Opening' of road on petition and payment of expenses [53a. If anyone or more persons petition the commissioner for the opening of a road through any land and the commis- sioner is of opinion that such oad may be reasonably opened for the convenience and benefit of such person or persons as 116 s- 57 PUBLIC woEKs Cap. 9 11 aforesaid but that such road is not required in the interests of the pubHc generally the commissioner may require the said per- son or persons to deposit with the territorial treasurer such sum as he considers sufficient to cover the cost of opening the road and paying compensation in connection therewith and if the said road or any road which in the opinion of the commissioner will be of equal or nearly equal convenience and benefit to such person or persons as aforesaid is thereafter opened the sum so deposited or so much thereof as may be necessary may be applied towards paying the expenses of opening the road and paying compensation in connection therewith and any balance which remains shall be repaid to such person or per- sons as aforesaid.] 1903, 2nd session, c. 3, s. 4. OFFICIAL VALUATORS. 54. The Lieutenant Governor in Council may appoint one official vaiu- or more competent persons as official valuators and may define ^'"^ the duties of such officers and fix the remuneration to be paid them for their services. 1901, c. 4, s. 54. 55. The commissioner may employ any official valuator to inspection and inspect and report regarding the value of any lands taken for '■'''°''' public works and may empower such valuator to make an offer of compensation to the owner of the land so taken and such offer shall have the same force and effect as if made by the commissioner under the provisions of section 51 of this Ordinance. 1901, c. 4, s. 55. . resistance to commissioner 56. If any resistance or opposition is made by any person suppression of to the taking by the commissioner or any person authorized byj ' him of lands for public works as provided by this Ordinance a judge of the supreme court of the Territories may on proof of the proper taking of such lands as herein provided issue his warrant to the sheriff of the judicial district within which such lands are situated directing him to put down such resist- ance or opposition and to put the commissioner or some per- son acting for him in possession of such lands; and the sheriff shall take with him sufficient assistance for such purpose and shall put down such resistance or opposition and shall put the commissioner or the person acting for him in possession there- of; and shall forthwith make a return to the supreme court of such warrant and of the manner in which he executed the same. 1901, c. 4, s. 56. 57. The provisions of sections 47 to 56 inclusive of this Provisions of Ordinance in so far as they are applicable shall apply to all retroactwe^* cases of the taking of lands for public works proceedings for 117 12 Cap. 9 PUBLIC WORKS s. 57 Administration and disposul of public lands which have been begun before the coming into force of this Ordinance but have not been completed by the transfer of such lands to His Majesty. 1901, c. 4, s. 57. SALE OF LANDS VESTED IN HIS MAJESTY. 58. The commissioner shall have the administration and management of all lands taken for public works as herein provided and of all other lands the property of the Territories; and such lands may be disposed of from time to time under regulations to be prescribed by the Lieutenant Governor in Council. (2) The said lands when required to be leased or trans- ferred may be so leased or transferred under the hand and official seal of the commissioner. 1901, c. 4, s. 58. PUBLIC FERRIES. Public ferries 59. Ths commissiouer may when he deems it expedient to do so establish and maintain a public ferry or ferries on any river, stream or other body of water in the Territories; and may operate such ferry or ferries as a pubUc work collecting thereon such tolls as he may fix and determine. 1901, c. 4, s. 59. PRIVATE FERRIES. License for private ferry 60. The commissioner may from time to time issue an annual license to any person or persons for the establishment and operation of a private ferry or ferries on any river, stream or other body of water in the Territories granting the exclusive right to maintain and operate the said ferry or ferries within the limits specified in such license and upon such terms as he may deem fit. 1901, c. 4, s. 60. License to specify tolls, etc. 61. Every ferry license granted shall specify the maximum rate of tolls which may be charged on such ferry, the kind and size of the scow, barge or boat to be used in such ferrying, the limits of the river, stream or other body of water within which such ferry is to be operated and the hours during which such ferries shall be operated. 1901, c. 4, s. 61. License to be posted up 63. Every person holding a license for a ferry shall keep it posted up at all times in a conspicuous place on such ferry. 1901, c. 4, s. 62. No tolls to be charged school children 63. Notwithstanding anything contained in this Ordinance no toll shall be charged for children going to or returning from 118 s. 68 PUBLIC WORKS Cap. 9 13 school and in no case shall His Majesty's mail be obstructed ^''^'^""J^^J"^ or a higher rate be charged for the conveyance thereof than the rates that may be charged according to the terms of the license between the hours of six o'clock in the morning and nine o'clock in the evening. 1901, c. 4, s. 63. 64. If any person using an authorised ferry refuses to pay Punishmem of the authorised toll or rates chargeable for ferrying him or his K pa" toHs"^™^ property the Ucensee of such ferry may forthwith seize any property in possession of the offender then being ferried and hold the same; and such person shall be guilty of an offence and upon summary conviction thereof shall be liable to a pen- alty not exceeding $50 and in default of payment thereof to imprisonment for a period not exceeding two months ; and the property so seized shall be liable for the payment of the fine and the toll and the costs of the prosecution and may be sold under distress warrant to satisfy such charges. 1901, c. 4, s. 64. 65. The immediate approaches to every ferry shall be kept Approaches to in such order and condition by the licensee as is necessary toirorder '^ ^^ make the ferry accessible at all times for loaded vehicles and animals attached thereto without danger or injury. 1901, c. 4, s. 65. 66. A ferry on any stream, river or other body of water that Ferry not to may be fordable at any time shall not be used to block up or'"''"'^^ °' injure such ford or fords or the landing therefrom; nor shall the licensee do any act which will make the ford on any such stream, river or other body of water more difficult or danger- ous than it would otherwise have been. 1901, c. 4, s. 66. 67. Any person unlawfully interfering with the rights of .^^™|hmenyor any licensed ferryman by taking, carrying or conveying with- mth rights in the limits of any such ferry license across the stream, river ferrymen or other body of water on which the same is situate any person or personal property or any vehicle or animal in any scow, barge or boat or any raft or other contrivance for hire or re- ward or hindering or interfering with such licensee in any way shall be guilty of an offence and upon summary conviction thereof shall be liable to a penalty not exceeding $100 for each such offence and in default of payment thereof to im- prisonment for any period not exceeding three months. 1901, c. 4, s. 67. PROVISION FOR LOW WATER. 68. In case the water in any stream, river or other body of Lice-|e to^^^ water in respect of which the license for the operation of a boat or canoe 119 14 Cap. 9 PUBLIC WORKS s. 68 ferry has been issued becomes too shallow to permit of such ferry being operated, the licensee shall provide and keep a small boat or canoe with which he shall transfer foot passen- gers and their baggage across such stream, river or other body of water; and for such service the licensee shall be allowed to charge the fees prescribed in his license for like services by means of the ferry. 1901, c. 4, s. 68. INSPECTION OF FERRIES. Inspection of 69. The commissioHcr may from time to time appoint such ^"""^^ person as he may see fit to inspect and report on the condition of any ferry or with reference to the complaint of any person using or desiring to use such ferry; and if at any time the per- son or persons holding a ferry license fail to comply with the written instructions of the commissioner by neglecting to repair any scow, barge or boat used in connection with such ferry or to provide a new scow, barge or boat in place of any one considered as being unsafe or by not providing safe and sufficient immediate approaches to such ferry he or they shall forfeit his or their licenses. 1901; c. 4, s. 69. PENALTIES FOR OFFENCES BY LICENSEES. Penalty for 70. Auy Ucensce violating any of the terms or conditions of°Hcens^'or""' of his liccnse or of this Ordinance shall be guilty of an offence Ordinance ^nd be Hablc on summary conviction thereof to a penalty not exceeding 150 and in default of payment thereof to imprison- ment for any period not exceeding one month unless the fine and costs are sooner paid; and shall be further liable to forfeit his license under the direction of the commissioner. 1901, c. 4, s. 70. Fees to be paid 71. All mouey Teccivcd for ferry licenses, fees or bonuses revlnue7und Under this Ordinance shall be deposited to the credit of the general revenue fund of the Territories. 1901, c. 4, s. 71. Penalty for 73. Auy persou operating a private ferry without having unlicensed erry g^^^ obtained & ficcnse therefor as provided by this Ordinance shall be guilty of an offence and upon summary conviction thereof shall be liable to a fine of $10 for each and every day that such ferry is operated without such license. 1901, c. 4, s. 72. PROTECTION OF PUBLIC WORKS. Penalty for 73. Auy pcrson who obstructs or interferes in any manner pubUchighway with auy road allowance or other surveyed highway vested in His Majesty as herein provided shall be guilty of an offence 120 s. 76 PUBLIC WORKS Cap. 9 15 and upon summary conviction thereof shall be liable to a fine not exceeding $50 or imprisonment for thirty days or both. 1901, c. 4, s. 73. 74. Any person who carelessly or wilfully breaks, cuts, fills Penalty for up or otherwise injures any public work shall be guilty of an p"JbUc"work offence and upon summary conviction thereof be fined a sum not exceeding $100 and costs and in default of payment after ■conviction may be imprisoned for a period not exceeding sixty days; and the justice of the peace may further order the offen- der to forthwith repair any such damage or remove any ob- struction as aforesaid. (2) Any person who rides or drives any horse, mule or horned '^^■^^^°" cattle upon or across any bridge the property of His Majesty at a pace faster than a walk shall be guilty of an offence and shall be liable upon summary conviction thereof to a penalty not exceeding $25. (3) Any person who wilfully places any obstruction on any obstructingr bridge the property of His Majesty or who in any way pre- " ^^"^ vents, hinders or causes delay to any person desiring to travel across such bridge shall be guilty of an offence and shall be liable upon summary conviction thereof to a penalty not exceed- ing -550. (4) Every person who uses any bridge the property of His Majesty in connection with the movement of any portable steam engine or any steam traction engine shall provide suf- ficient plank of not less than two inches in thickness and twelve inches in width to be laid longitudinally upon the flooring of such bridge under the wheels of such portable steam engine or steam traction engine; and any person neglecting or refus- ing to provide and use such planks shall be guilty of an offence and Hable upon summary conviction thereof to a penalty not exceeding 150. 1901, c. 4, s. 74. GENERAL. 75. The registration in the land titles office of the plan of Reiristration of dI^h to vest the subdivision into lots or blocks of any land not within the streets, etc., in limits of an incorporated city or town shall vest the title to all streets, lanes, parks or other reserves for pubhc purposes shown on such plan in His Majesty; and no change or alteration in the boundaries of any such street, lane, park or public reserve shall be made without the consent of the commissioner having been first obtained. 1901, c. 4, s. 75. [76. A tracing or lithographed copy of the plan of every copy ot plan to subdivision of any section or quarter section of land or any department river lot or block within the Territories into lots or blocks shall be filed in the Department within thirty days after the original is filed in the Land Titles office for the district within "which such land is situated. 121 16 Cap. 9 PUBLIC woEKs s. 76 (2) Such copy shall be duly certified as being a correct copy of the original plan of such subdivision by the surveyor who makes the survey of the same or by the owner of the land shown on such plan or some person on his behalf.] 1904, c. 2, s. 2. Lieutenant 77. The Lleuteuant Governor in Council may from time to Governor to . ^ . ., i /• pre.scribe forms time- make such regulations and prescribe such forms as may be deemed necessary for the proper carrying into effect of the provisions of this Ordinance. 1901, c. 4, s. 77. Repeal 78. Chapter 9 of The Consolidated Ordinances 1898, chapter 15 of The Consolidated Ordinances 1898, chapter 18 of The Consolidated Ordinances 1898 and chapter 4 of the Ordinances of 1900 are hereby repealed. 1901, c. 4, s. 78. 122 CHAPTER 10. An Ordinance respecting the Treasury Department and the Auditing of Public Accounts. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. 1. This Ordinance may be cited as "The Treasury Depari- short title Tnent Ordinance." CO., c. 10, s. \. INTERPRETATION. 2. In this Ordinance unless the context otherwise requires — interpretation (a) The expression "treasurer" means the member of the treasurer Executive Council appointed to act as Territorial treasurer; (b) The expresson "auditor" means the Territorial audi- Auditor tor; (c) The expression "board" means the treasury board; Board (d) The expression "department" means the Treasury de- Department partment; (e) The expressions "public revenue," "revenue," and P"^J|^,[^^^^'J,"^|y "pubUc money" repectively mean all revenue and pubUc moneys arising from any source whatever, whether such revenue and moneys belong to the Ter- ritories or are held by the Territories or collected or held by officers of the Territories for or on account of or in trust for any province forming part of the Dominion or for the Dominion or for the Imperial Government or for any other party or person; (/) The expression "revenue officer" means any person Revenue officer employed in collecting, managing or accounting for revenue or in carrying into effect any laws relating thereto or in preventing the contravention of any such laws; and so far as regards accounting for and paying over such revenue, the said expression in- cludes any person who has received or been entrusted with any public money whether such person was regularly employed for such purpose or not. CO. c. 10, s. 2. 123 Cap. 10 TREASURY DEPARTMENT s. 3 ORGANISATION AND FUNCTIONS OF DEPARTMENT. Organization 3. There shall be a department of the public service of the Territories to be called "the Treasury department" over which the member of the Executive Council appointed by the Lieu- tenant Governor under the seal of the Territories to_ discharge the functions of the Territorial treasurer for the time being shall preside. CO., c. 10, s. 3. Functions 4. Thc department shall have the management and control of the revenue and expenditure of the Territories. CO., c. 10, s. 4. GENERAL REVENUE FUND. General revenue 5. All revenues whatever however arising or received over contisrof ' '° which the Legislative Assembly of the Territories has power of appropriation (excepting moneys which may otherwise be specially disposed of by the Legislature) shall form one general revenue fund to be appropriated for the public service of the Territories. CO., c. 10, s. 5. What charged 6. The general revenue fund shall be permanently charged with all costs, charges and expenses incident to the collection, management and receipt thereof, such costs, charges and ex- penses being subject nevertheless to audit and to legislative review and vote. CO., c. 10, s. 6. Appropriations from general revenue fund and how made 7. The Legislative Assembly shall not adopt and pass any vote, resolution, address or bill for the appropriation of any part of such general revenue fund to any purpose which has not been first recommended to the said Legislative Assembly by message of the Lieutenant Governor during the session in which such vote, resolution, address or bill is proposed. CO., c. 10, s. 7. COLLECTION AND MANAGEMENT OF REVENUE. Appointment of 8. Thc Lieutcnaut Governor in Council may from time to revenue officers ^j^^^ determine what revenue officers it is necessary to employ and assign their names of office and fix their salaries and ap- point the times and manner in which the same shall be paid; but no such officer shall receive a higher salary than is allowed in his case by any Ordinance of the Legislative Assembly then in force nor shall any such salary be paid unless voted by the said Legislative Assembly. CO., c. 10, s. 8. offi'2'on an ^' -^^^^^^ reveuue officer employed on any duty or service Su°ty°to°be^"'' by the order or with the concurrence of the Lieutenant Gov- offic^rstorTuchernor in Council shall be deemed to be the proper officer for duty, etc. ^jjat duty or service; and everything required by any law to be done by, to or with any particular officer designated for that 124 S. 16 TREASURY DEPARTMENT Cap. 10 3 purpose in such law shall (when done by, to or with any per- son appointed or authorised by the Lieutenant Governor in Council to act in behalf of such particular officer) be deemed to be done by, to or with such particular officer. CO., c. 10, s. 9. 10. Any revenue officer employed for any branch of the officers of one revenue may be employed for any other branch thereof when- empioycTm ever it is deemed advantageous for the public service so to em- °"'°" ploy him. CO., c. 10, s. 10. 11. The Lieutenant Governor in Council may from time to Hours ot time appoint the hours of general attendance of the revenue *"™ '""^ officers at their places of employment and may also appoint the times during such hours or the seasons of the year at which any particular portions of their duties shall be performed; and a notice of the hours of general attendance so appointed shall be constantly posted up in some conspicuous place is such places of employment. CO., c. 10, s. 11. 13. The Lieutenant Governor in Council may direct any Books and revenue officer to keep any books or accounts for the purpose of obtaining any statistical information touching the resources or public works of the Territories, or other matter of public in- terest and may authorise any necessary expense for that pur- pose. CO., c. 10, s. 12. 13. The Lieutenant Governor in Council may from time to ov^^'^jgh^' »"■* time assign the immediate oversight and control of any revenue officers officers to such of the public departments as may be deemed convenient; and in default of other assignments such immediate oversight and control shall rest with the Treasury Department. CO., c. 10, s. 13. 14. All revenue shall be paid promptly to the treasurer Payment of through such officers, banks or parties and in such manner as'^^"'"'"' the Lieutenant Governor in Council may from time to time direct. CO., c. 10, s. 14. 15. Revenues for the previous fiscal year may be received R«;?n;j|°f^^ at the office of the treasurer and placed to the credit of such fiscal year's account up to and inclusive of the fifth day of Janu- ary in each year. CO., c. 10, s. 15. 16. The Lieutenant Governor in Council may from time to Accountme of time appoint the times and modes in which any revenue officer '^^^"^ shall account for and pay over the pubUc moneys which come into his hands; and may determine the times, manner and form in which and the officer by whom any licenses on which any duty is payable are to be issued; but such accounts and pay- ments shall be rendered and made by such officers at least once in every three months. CO., c. 10, s. 16. 125 Cap. 10 TREASURY DEPARTMENT S. 17 Cash book ?fficer°an^™""'' ^'^ ■ Evcry revenue officer on receiving public money shall receiving money forthwith clcposlt the Same in his name of office in such chart- ered bank as the Lieutenant Governor in Council may appoint; and no money so deposited shall be paid out again except for the purpose of being paid to the treasurer on the written order or official cheque of the officer so depositing or of his succes- sor; and every such officer shall keep his cash book written up daily; and all his books, accounts and papers shall at all times during office hours be open to the inspection of any per- son whom the treasurer may authorise to inspect the same; but where such money is received at a place where it is not convenient to pay it into a chartered bank, the Lieutenant Gov- ernor in Council may direct it to be paid over in such manner as he may deem expedient. CO., c. 10, s. 17. TREASURER AND TREASURY DEPARTMENT. ExecS"ve°* ^^' ^^^ mcmbcr of the Executive Council who may be ap- counciimay polutcd by the Territorial treasurer shall during his term of trelsur^r"^^ ° office have all the powers and duties assigned to him by this Ordinance and such other duties and functions as the Lieuten- ant Governor in Council may from time to time impose on him. CO., c. 10, s. 18. Staff of Treasury department 19. There shall be employed on the staff of the Treasury de- partment under appointment of the Lieutenant Governor such officers and persons as may be deemed necessary; and their respective duties in all matters not expressly regulated by law shall be such as may from time to time be assigned to them by Order of the Lieutenant Governor in Council or subsidiarily thereto by the treasurer. CO., c. 10, s. 19. Mode of keep- ing: the public iiccounts 30. The accounts of the Territories shall be kept in the Treasury department in such manner and under such regula- tions for the fullness and accuracy and as to the measure of oversight and responsibility attached in regard to them to the treasurer and to the auditor or the treasury board respective- ly as the Lieutenant Governor by Order in Council or (subject to all such Orders) the treasurer may make from time to time. CO., c. 10, s. 20. Fiscal year 31. The fiscal year of the Territories shall be the period from the thirty-first day of December in one year to and in- cluding the thirty-first day of December in the next year. CO., c. 10, s. 21. Public accounts 33. As soon as practicable after the close of each fiscal year there shall be prepared under the direction of the treasurer for submission to the Legislative Assembly at its next session a statement of the public accounts for such year showing clear- 126 S. 7 TREASURY DEPARTMENT Cap. 10 5 ly and fully the several revenues and expenditures of the Ter- ritories for the year, the state of the general revenue fund and all trust and special funds under the management of the Terri- torial Government, and all matters requisite to explain the financial transactions and position of the Territories during and at the close of each year. CO., c. 10, s. 22. 23. The Lieutenant Governor in Council may alter the per-ximeofrendcr- iod at or to which any accountant for public money, public mfy^braTered officer, corporation or institution is required to render any account or to make any return whenever in his opinion such alteration will facilitate the correct preparation of such state- ment of the public accounts or of the estimates, anything in any Ordinance to the contrary notwithstanding. CO., c. 10, s. 23. 34. All estimates submitted to the Legislature shall be for Estimates the services coming in course of payment during the fiscal year or during such other term as such estimates may expressly purport to cover; and all balances of appropriations remaining unexpended at the close of such fiscal year or other term shall ^p^""" '" lapse and be written off, except that in case of liabilities incur- red during the then expiring fiscal year accounts therefor may be paid up to and including the thirty-first day of January following but not later; and all such payments shall be charged to and form part of the expenditure of that expiring year. CO., c. 10, s. 24. 35. The estimates shall contain the statutory appropriations Estimates, which do not require to be voted upon by the Legislative " ^ ° """ '"" Assembly year by year and also the respective amounts re- quired for any service in addition to such statutory appropria- tions or otherwise (as the case may be) for which a vote of the' Legislative Assembly is required to authorise the expenditure of the same. CO., c. 10, s. 25. 36. The Lieutenant Governor in Council may from time to investment of time direct the treasurer to invest any portion of the general""*^''""'' revenue fund not presently required for expenditure in public securities of the Dominion of Canada or in the debentures of school districts in the Territories; and may afterwards (when- ever requisite to meet expenditure) direct him to dispose thereof to that end, in such manner, on such terms and to such amount as may be deemed most for the public advantage. CO., c. 10, s. 26. 37. All expenditure of public moneys shall be made by ofii- Expenditure to cial cheque on a chartered bank, such cheque being signed by ' ""^ """' the treasurer and countersigned by the auditor as hereinafter provided. CO., c. 10, s. 27. ^ 127 6 Cap. 10 TREASURY DEPARTMENT S. 28 aided from revenue mlde''yeari''b '^^- ^^ institutioRS, establishmeiits, associations and bodies institutions^ ^ sustained or in part aided at public expense shall render yearly on or before the thirty-first day of January for the twelve months ended on the thirty-first day of the preceding month of December, in such form as from time to time may be requir- ed by the Lieutenant Governor in Council, a full report of their condition, management and progress and also all statistical returns which may from time to time be required of them by the Lieutenant Governor in Council. CO., c. 10, s. 28. 'Certain returns from munici- palities, etc.. when required 29. The clerk, secretary, overseer or other proper officer of every municipal corporation, village or school district when- ever required by the treasiuer shall transmit to him a return verified under oath setting forth the amount of real and per- sonal property in the municipality, village or school district according to the then last revised assessment roll or rolls, a true account of all the assets, debts and habilities of such municipality, village or school district, and all such informar- tion and particulars as to the resources, debts and liabilities thereof as he may from time to time require. CO., c. 10, s. 29. Returns. ho%v 30. The Lleutenaut Governor in Council may from time to time direct through what department or departments the vari- ous reports and returns referred to in the last two preceding sections or any thereof shall be rendered for transmission to the Treasury department; and in default of other direction the same shall be rendered direct to the Treasury department. CO., c. 10, s. 30. TREASURY BOARD, ITS POWERS AND DUTIES. Treasury board, composition of 31. For the purpose of reference and decision in regard to the matters hereafter referred to it, a treasury board composed of members of the Executive Council shall be appointed by the Lieutenant Governor in Council; and the members so appointed shall be the treasury board for the time being. CO., c. 10, s. 31. Ibslnce°%o ^^' '^^^ Lieutenant Governor in Council may in case of ill- videdfor ness or absence of any member of the board authorise any other member of the Executive Council to perform all or any of the duties of the absent member as such. CO., c. 10, s. 32. Minute book 33. The treasury board shall keep a regular minute book in which shall be recorded all its proceedings; any member may Questions of bring auy question of audit before the board, although it may not relate to a department under his charge. CO., c. 10, s. 33. .audit Reports of board 34. Upon all matters of importance the board shall report to the treasurer; and when any such report is made any mem- 128 S. 39 TREASURY DEPARTMENT Cap. 10 7 ber of the board may record his dissent on the minutes and may submit to the treasurer a minority report. CO., c. 10, s. 34. 35. The treasury board shall frame regulations respecting— Reguiktions to be framed by (a) The method of book keeping to be used in the several ''"'"''^ departments of the Government of the Territories; (5) The issuing of warrants; (c) The accounting of all public moneys and the auditing of accounts thereof; and shall submit such regulations to the Lieutenant Governor in Council through, thg treasurer; and from time to time may suggest any amendments which it may deem advisable in such regulations and submit them in like manner; and any Order in Council made on any of the subjects shall have the force of law until revoked or amended (as it may be) by any subse- quent Order. CO., c. 10, s. 35. 36. The treasury board shall examine the yearly statement Board to of the public accounts and submit thereon to the Lieutenant men'tofVubuT Governor in Council its report for communication to the Legis- ^'"'"""'^ lative Assembly. CO., c. 10, s. 36. , . ^ 37. The treasury board may examine any person on oath on Persons may any matter pertinent to any account submitted to it and such ^ oath'"'"' oath may be administered by any member of the board. CO., c. 10, s. 37. 38. Any member of the board (duly authorised by it) may Subpoena to apply in chambers to any judge of the Supreme Court of thebSard"^ Territories for and obtain an order directing any person therein named to appear before the said board at the time and place mentioned in such order and then and there to be ex- amined under oath as to any and all matters within his know- ledge relative to any account submitted to the board and to bring with him and produce to the board any document, paper Production of or thing which he may have in his possession relating to such ''*''"^' ^'^' account as aforesaid. CO., c. 10, s. 38. 39. If any person whose examination is required by the Commission to board resides at a distance from the place where its sittings are held or for any other reasonable cause it may be considered proper, on apphcatipn as in the last preceding section men- tioned the judge may order such examination to be taken be-p^^^^.^^ fore an officer or person named in the order who shall by vir- commissioner tue of such order take such evidence and report the same to the board ; and such officer or person (being first sworn before some justice of the peace faithfully to execute the duty imposed on iim by such order) shallj^with regard to such examination 129 Cap. 10 TREASURY DEPARTMENT s. 39 have the same powers as the board or any member thereof would have if such examination had been had before the board itself. CO., c. 10, s. 39. l^tnllltihto *^- ^^ ^^y person so ordered to attend before the treasury at't^nrbefore ° board or any officer or person appointed as aforesaid fail with- board or ^^^ ^^j.^ Bxcusc to attend as ordered or to produce any docu- commissioner ment, paper or thing in his possession relating to the subject matter in question or refuse to be sworn or to answer any per- tinent question put to him during his examination, such per- son shall be guilty of an offence and be liable on summary con- viction thereof to a penalty of $100 and in default of payment forthwith after conviction to imprisonment for a period not exceeding three months. CO., c. 10, s. 40. PENALTIES AND REMEDIES FOR MALFEASANCE AND DEFAULT. Refusal to transmit accounts 41. If any person refuses or neglects to transmit any ac- count, statement or return with the proper vouchers to the officer or department to whom he is lawfully required to transmit the same on or before the day appointed for the trans- mission thereof, such person shall for every such refusal or neglect be guilty of an offence and be liable on summary con- viction thereof to a penalty of $100 and in default of payment forthwith after conviction to imprisonment for a period not exceeding three months. CO., c. 10, s. 41. 43. Whenever the treasurer has reason to believe that any officer or person has received public money or money appli- cable to any public purpose and has not paid over or duly ap- plied and accounted for the same he may by notice in writing to such person (or to his representative in case of death) re- quire that within a time to be named therein such money be to be dealt paid over or applied and accounted for to the treasurer or the officer to be mentioned in the notice with proper vouchers. CO., c. 10, s. 42. Persons receiving public moneys and not accounting How with Proceedings 43. If any such person fail to pay over, apply or account tInrto'pry°OTer f or any such money or to transmit such vouchers within the Sier^otice' ^^^^ limited by the notice served on him, the treasurer shall state an account against such person in the matter to which the notice relates charging interest from the date of service thereof which statement or a certificate thereof shall be suflS- cient prima facie evidence to support any proceeding for the recovery of the amount thus shown to be in the hands of the said person as a debt due to the Crown. CO., c. 10, s. 43. Judgment may 44. If at auy time it appears clearly by the books of ac- a%l"nat officers counts kept by or in the office of any revenue officer or by his in default .. nn S. 47 TREASURY DEPARTMENT Cap. 10 written acknowledgement or confession that he has by virtue of his office or employment received any public money amounting to a sum certain which he has failed to pay over to the officer duly appointed to receive the same and in the manner and at the time lawfully appointed, then (upon affidavit of the facts by any officer cognizant thereof and thereunto authorised by the Lieutenant Governor in Council made before a judge of the Supreme Court) such judge may direct a judgment to be en- tered therefor in the name of the attorney general against the officer so in default in the Supreme Court of the Territories in the judicial district in which such officer resides with such costs as the judge may direct upon which execution may be had as in cases of judgment obtained in the ordinary course of procedure in the said court. CO., c. 10, s. 44. f ersons receiv- 45. If any person has received public money for the purpose pe of applying it to any specific purpose and has not so applied '^pf^^epu'^ose it within the time or in the manner provided by law or of any ^ppf/it ° ^° person having held any public office and having ceased to hold the same has in his hands any public money received by him as such officer for the purpose of being applied to any specific purpose to which he has not so applied it, such person shall be deemed to have received such money for the Crown for the public uses of the Territories and may be notified by the treas- urer to pay such sum back to him; and the same may be re- covered from him in any manner in which debts to the Crown may be recovered and an equal sum may in the meantime be applied to the purpose to which such sum ought to have been applied. CO., c. 10, s. 45. 46. If by reason of any malfeasance or of any gross care- officers liable lessness or neglect of duty by any revenue officer any sum ofmonefiost money be lost to the Crown, such officer or person shall be ac- Sefsance, countable for such sum as if he had collected and received the ''^• same and it may be recovered from him by civil procedure in the Supreme Court at the suit of the attorney general on proof of such malfeasance, gross carelessness or neglect in like manner as if he had so collected and received it. C.O., c. 10, s. 46. 47. If any revenue officer receive directly or indirectly ^^ny A^c^e^ptance by monev service, value or thing whatever from any person not reward for ii.A\jAxv^jr J ^ J ^ , 1 J. f official acts legally authorised to pay or allow the same on account ot any- thing done by him in any way relating to his office or employ- ment except what he receives by Order or with the permis- sion of the Lieutenant Governor in Council, every such officer shall on proof of the same to the satisfaction of the Lieutenant Governor be dismissed from his office or employment; and if any person (not being an officer duly authorised to pay or al- low the same) give, offer or promise any such money he shall 131 10 Cap. 10 TREASURY DEPARTMENT S. 47 for every such gift, offer or promise be guilty of an offence and be liable on summary conviction thereof to a penalty of $400 and in default of payment forthwith after conviction to im- prisonment for a period not exceeding six months. CO., c. 10, s. 47. Books, etc., of 48. All books, papers, accounts and documents of what property^"" kind soever kept or used by or in the possession of any revenue £rown officer by virtue of his employment as such shall be deemed to be chattels belonging to Her Majesty; and all moneys or valuable securities received or taken into his possession by virtue of his employment shall be deemed to be moneys and valuable securities belonging to Her Majesty. CO., c. 10, s. 48. ther legal 49. Nothiug coutaiued in this Ordinance shall prevent, Lffictef "° lessen or impair any remedy already given by law to Her Majesty or any other party. CO., c. 10, s. 49. MISCELLANEOUS PROVISIONS. inquirieiand 50. Upou all cxaminatioHS and inquiries made by Order of brconduct°e"d '°the Lieutenant Governor in Council for ascertaining the truth under oath ^^ ^^ ^^y fg^p^ conccming the revenue or the conduct of revenue officers and upon like examinations and inquiries made by any persons authorized by the Lieutenant Governor in Coimcil to make the same, any person to be examined as a witness shall deliver his testimony on oath to be administered to him by the person making the examination or inquiry. CO., c. 10, s. 50. Remission of 51. Thc Lieutcnaut Governor whenever he deems it con- certin caws'" ducive to the public good and when great public inconvenience or great hardship and injustice to individuals would otherwise ensue may remit any tax or fee payable to Her Majesty im- posed or authorised and relating to any matter within the scope of the Legislative Assembly or any forfeiture or pecuni- ary penalty imposed for any contravention of the laws relat- ing to the revenue or to the management of any public work producing revenue although any part of such forfeiture or penalty be given by law to the informer or prosecutor or to any other party; and such remission may be made by any general regulation or by special order in any particular case; and may be total or partial, unconditional or conditional; but if conditional and the condition be not performed the order made in the case shall be null and void and aU proceedings may be had and taken as if it had not been made. C.O.,c. 10, s. 51. statement of 53. A detailed statement of all remissions mentioned in fuSed' ° 'the last preceding section shall be annually submitted to the 132 S. 57 TREASURY DEPARTMENT Cap. 10 11 Legislative Assembly within the first fifteen days of the next ensuing session thereof. CO., c. 10, s. 52. 53. The attorney general may sue for and recover in Her Penalties and Majesty's name any penalty or forfeiture imposed by any law *'"*'''"'^^' relating to the revenue; and the whole of such penalty or for- feiture shall belong to Her Majesty for the public uses of the Territories unless the Lieutenant Governor in Council do (as he may if he see fit) allow any portion thereof to the seizing officer or other person by whose information or aid the penalty or forfeiture has been recovered. (2) The attorney general may direct the discontinuance of any suit for any such penalty or forfeiture by whom or in whose name soever the same has been brought. CO., c. 10, s. 53. 54. All commissions and appointments of revenue officers Existing issued or made before the passing of this Ordinance shall con- fo^ontilTue'"* tinue in force unless and until revoked or altered by competent authority; and the nature of the duties and local extent of the powers of each officer shall (unless and until they be expressly altered and so far as they are not inconsistent with any Ordi- nance of the Legislative Assembly) remain the same as if Bonds to granted or made under the authority of this Ordinance subject to"e'" '" ^"" always to the provisions and enactments thereof; and all bonds which have been given by such officers or persons or their sureties shall remain in full force and effect. C.O., c. 10, s. 54. TERRITORIAL AUDITOR. 55. For the complete examination of public accounts of the Territorial Territories and for reporting thereon to the Legislative Assem- bly the Lieutenant Governor in Council may appoint an offi- cer to be called the Territorial Auditor who shall hold office during good behavior and shall be removable by the Lieuten- ant Governor on address of the Legislative Assembly; but he may at any time be suspended in office for cause assigned and another person temporarily appointed by the Lieutenant Gov- ernor in Council to act as Territorial auditor until the Legis- lative Assembly at its next session shall have considered and taken action in the premises. CO., c. 10, s. 55. ^ 56. The Lieutenant Governor in Council shall from time to Assistants may time appoint any officer, clerk or other person to be employed ^^ ""'''°^^'' in the office of the auditor. CO., c. 10, s. 56. 57. The auditor shall have power to make from time to time ^"^tor^to^ ^^^ orders and rules for the conduct of the internal business of ""^ ^ '" "' * '"" his office and to prescribe regulations and forms for the guid- 133 12 Cap. 10 TREASURY DEPARTMENT S. 57 ance of departmental accountants in making up and rendering their accounts for examination' •Subject to Provided always that such rules, regulations and forms Sias^ry board shall be approvcd by the treasury board previous to the issue thereof. CO., c. 10, s. 57. Books of record to be kept 58. The auditor shall keep proper books of record of all revenues and expenditures of the Territories with an appropri- ation ledger in which the several appropriations and subap- propriations shall be classified, containing an account under separate and distinct heads of every such appropriation _ or subappropriation (whether permanent or temporary) entering under each head the amounts drawn on account of such appro- priation, with the dates and names of the parties to whom payments are made and the services for which they were respec- tively made. CO., c. 10, s. 58. Uniform system 59. A uulform systcm of account books adapted to the o accoun oo s j-gq^jj-gj^g^-j^g gf gg^g^ department in order to exhibit in a con- venient form the whole of the receipts and of payment in respect of each vote shall be prepared by the auditor and submitted to the treasury board for approval before its adoption. CO., c. 10, s. 59. -Auditor to ■check receipts and expendi- tures And certify 60. The auditor shall check during each month the receipts and expenditures of the several departments for the calendar month previous from the books of the department wherein the transactions of such are regularly posted with the books of his office; and shall certify in the departmental books referred to the result of such audit and the date of inspection. CO.,c. 10, s. 60. Auditor to cheek accounts 61. The auditor shall examine, check and audit all accounts of receipts and expenditures of public moneys whether apper- taining to the Territories or received or expended by the Ter- ritories on account of or in trust for any other party or parties. CO., c. 10, s. 61. Accounts to be rendered in ■ duplicate Departmental ■ examination 62. All accounts against the Government of the Territories must be rendered in duplicate; the heads of the several depart- ments or the officers, clerks or other persons charged with the expenditure of public moneys shall respectively audit the details of the accounts of the several services in the first instance and be responsible for the correctness of such examination; but such departmental examination shall not relieve the auditor from finally examining and auditing the accounts as provided for under this Ordinance. CO., c. 10, s. 62. Vouchers after 63. Aftcr the correctness of any account has been certified .dealt 'with''" °to in the manner prescribed by the treasury board the same 134 S. 65 TREASURY DEPARTMENT Cap. 10 13 shall be handed to the auditor for final examination and audit; and upon the completion of such examination the original voucher shall be handed to the treasurer for retention, the other to be returned to that branch of the service under the authority of which the expenditure has been incurred. CO., c. 10, s. 63. 64. Every appropriation account shall be examined by the Accounts to be auditor on behalf of the Legislative Assembly and in the exam- auditor ination of such accounts the auditor shall ascertain — (a) Whether the same is supported by vouchers or proofs His duties as to c .■,.■, ^ ■, ..,.., such accounts oi services havmg been rendered or supplies furnish- ed; and (b) Whether the money being expended is being applied to the purposes for which such grant was intended: Provided always that whenever the said auditor shall be Proviso as to jiiii . 1 'J.' n re-examinatior required by the treasurer to make a re-examination ot any of accounts appropriation account for the purpose of ascertaining whether the expenditure incurred under any such account is supported by proper authority and the payment appHed as indicated by the voucher or of proof of payment or that a payment so charged did not occur within the period of the account or was for any reason not properly chargeable against the grant, the auditor shall examine such account with that object and shall report to the treasurer any expenditure which may appear upon such re-examination to have been incurred or applied without proper authority ; and if the treasurer should not ^^ ^^ ^^ thereupon see fit to sanction such unauthorised expenditure legfslatu^e it shall be regarded as not chargeable to a legislative grant and shall be reported to the Legislative Assembly in the man- ner herein provided. CO., c. 10, s. 64. 65. In conducting the examination of accounts or vouchers Method of relating to the appropriation of the grants for the several ser- ot aTcounts" vices sanctioned by the estimates of the year, by any Ordi- nance of the Legislative Assembly, Act of the Parliament of Canada or Order of the Governor in Council, the auditor shaU test the accuracy of the computations of the several items of such vouchers; and if he be satisfied that the accounts bear evidence that the vouchers have been completely checked, ex- amined and certified as correct in every respect and that they have been allowed and passed by the proper departmental offi- cers he may admit the same as satisfactory evidence of cor- rectness in support of the charges to which they may relate but he shall not be thereby relieved from his responsibihty in the matter: Provided always that if the treasurer should desire any Further exam- vouchers to be examined by the auditor in greater detail, the'"^''"" 135 14 Cap. 10 TREASURY DEPARTMENT S. 65 auditor shall cause such vouchers to be subjected to such a detailed examination as the treasurer may think fit to pre- scribe. CO., c. 10, s. 65. Preparation of cheques Entering of same 66. The cheques shall be prepared in the Treasury depart- ment and signed by the treasurer or such member of the Execu- tive Council as may be appointed to act as treasurer under the provisions of section 18 of this Ordinance and counter- signed by the auditor or other officer appointed thereunto duly authorised by Order in Council; and such cheques shall be entered in the books of the audit office; and it shall be the duty of the auditor with an official of the Treasury department not later than the tenth day of each month to examine the cheque books of that department for the calendar month previous comparing expenditure with his own appropriation books. CO., c. 10, s. 66. Duties of auditor as to issue of cheque! 67. It shall be the duty of the auditor (subject to the ex- ceptions hereinafter provided for) to see that no cheque issues for the payment of public money for which there is no direct ap- propriation or which is in excess of any appropriation or in excess of such sums as may have been deposited with the Gov- ernment of the Territories in trust for any person, persons or corporations. CO., c. 10, s. 67. Certificate of 68. No cheque for public money shall issue (except upon the tufho°rity^or certificate of the auditor that there is legislative authority for expenditure ^^iQ expcnditure) save only in the following cases: Exceptions On opinion of attorney general Extraordinary circumstances 1. If upon any application for a cheque the auditor has re- ported that there is no legislative authority for issuing it then upon the written opinion of the attorney general that there is such authority, citing it, the treasurer irrespective of the auditor's report may cause the cheque to be prepared; 2. If (when the Legislature is not in session) any accident happen to any public work or building which requires an im- mediate outlay for repair thereof or on any other occasion when any expenditure not foreseen or provided for or insuffi- ciently provided for by the Legislature is urgently and imme- diately required for the pubHc good, then upon the report of the treasurer that there is no legislative provision or (if any) that the amount is insufficient and of the head of the depart- ment having charge of the service in question that the neces- sity is urgent the Lieutenant Governor in Council may order a special warrant to be prepared to be signed by the Lieuten- ant Governor himself authorising the expenditure of the amount estimated to be required which shall be placed to the credit of the account and against which cheques may issue from time to time in the usual form as they may be required; 136 S. 7Q TREASURY DEPARTMENT Cap. 10 15 3. If the auditor has refused to certify that a cheque of the objections by , . I'll! • • 1 auditor ti'easurer may issue on the ground that the money is not justly due or that it is in excess of the authority granted by the Lieu- tenant Governor in Council or for any reason other than that there is no legislative authority, then upon a report of the case Treasury board prepared by the auditor the treasury board shall be the judge ""'"''''' of the sufficiency of the auditor's objection and may sustain him or order the issue of the cheque in its discretion; 4. It shall be the duty of the auditor in all such cases to pre- Auditor to pare a statement of all such legal opinions, reports of Council, mlnrS iptdai special warrants and cheques issued without his certificate and '^"™" '' ^"^' of all expenditure incurred in consequence thereof which he shall deliver to the treasurer to be by him presented to the Legislative Assembly at the same time at which the public accounts are presented; 5. The auditor or any other person authorised to countersign ^„"jj;f",[°„ ^,i cheques issued by the treasurer, shall before countersigning cheques such cheques satisfy himself that the cheques are authorised under some one or other of the provisions of this Ordinance; 6. No part of this section shall apply to moneys deposited ^o'^to^appiy to with the Government of the Territories in trust for any person, persons or corporation. CO., c. 10, s. 68. 69. No payment shall be authorised by the auditor in re- Payment not to spect of services rendered or suppUes furnished by any person w1thout°c"rtifi- in connection with any part of the public service of the Terri-^^'/^"'^''"''"'''" tories unless (in addition to any voucher or certificate which may be required in that behalf) the person under whose special charge such part of the public service is certified to the effect that such services have been rendered or such supplies fur- nished (as the case may be) and that the charge made is accord- ing to contract or (if not covered by contract) is fair and just : Provided however that no check shall issue for the payment ^^^^g^^^^^'^" of any progressive estimate unless the voucher or certificate upon which such estimate is paid contains (so far as practic- able) the details of the materials supplied and the services rendered except in the case of a payment as a progressive esti- mate when if owing to the nature of the work performed or material supplied it is impossible to render a statement in detail an accountable advance may be authorised as partial pay- ment; but under no circumstances is a second advance to be made upon the same service until such first advance is duly accounted for. CO., c. 10, s. 69. 70. Should any difference arise between the auditor and any oifferences^.^^^ department respecting the appropriations to which any author- and department ised expenditure should be charged, such difference may be 187 16 Cap. 10 TREASURY -DEPARTMENT S. 70 referred by the department to the treasury board; and the board shall determine in what manner and to what appropria- tion or account such expenditure shall be charged. CO., c. 10, s. 70. Other accounts ^1. Besldes the appropriation accounts of the grants of the may be required Legislature thc audltor shall examine and audit (if required ^° famine and to do SO by thc trcEsurer and in accordance with any regula- tions that may be prescribed for his guidance in that behalf by the treasury board) the following accounts, that is to say: The accounts of all receipts of revenues forming the general rev- enue fund of the Territories, the accounts current with any bank or financial agent of the Territories, and any other pub- lic accounts which (though not relating directly to the receipts and expenditures of the Territories) the treasurer or the treas- ury board may direct. CO., c. 10, s. 71. ^rec"din'""^" 72. Thc accounts which by the last preceding section the section, by trcasurer is empowered to subject to the examination of the rendered audltor shall bc rendered to him by the department or officer directed by the treasurer so to do; and the expression "account- ant" (when used in this and the following sections of this Ordi- nance with reference to any such accounts) shall be taken to mean the officer that may be so required by the treasurer to render the same; and every pu'bhc officer into whose hands Officers collect- public moucys (in the nature either of revenue or of fees of office) shall be paid by persons bound by law or by regulation to do so or by subordinate or other officers whose duty it may be to pay such moneys wholly or in part into the account of the treasurer or to apply the same to any public service shall (at such time and in such form as the treasury board shall de- termine) render an account of his receipts and payments to the auditor; and it shall be the duty of the Clerk of the Exec- utive Council to inform the auditor of the appointment of every such officer. CO., c. 10, s. 72. mg money to account to auditor Auditor shall submit a state- ment of his audit to Treasurer 73. In all cases where the auditor is required by the treas- urer to examine and audit any accounts under the last two preceding sections, he shall (on the examination of such ac- counts being completed) transmit a statement thereof or a re- port thereon to the Treasurer who shall (if he think fit) signify his approval of such accounts; and the auditor on receipt of such approval shall thereupon transmit to the accountant a certificate in a form to be from time to time determined by the treasury board which shall be to such accountant a valid and effectual discharge from so much as he may thereby appear to be discharged from. CO., c. 10, s. 73. Auditor to 74. In order that all examinations may as far as possible have access to l*i, i • •, y . '- books of proceed simultaneously with the transactions of the several departments departments, the auditor shall have free access at all times to 138 S. 77 TREASURY DEPARTMENT Cap. 10 17 the books and other documents relating to the accounts of such departments and may require the several departments con- cerned to furnish him from time to time or at regular periods as may be directed by the treasurer with accounts of the tran- sactions of such departments respectively up to such times or periods. CO., c. 10, s. 74. 75. Every accountant on the termination of his charge as Auditor to such accountant or (in case of a deceased accountant) his rep- ditention'rf '""^ resentatives shall forthwith pay over any balances of public '""""^^^ money then due to the Crown in respect of such charge to the public officer authorised to receive the same; and in all cases in which it shall appear to the auditor that balances of public money have been improperly and unnecessarily retained by an accountant he shall report the circumstances of such cases to the treasurer who shall take such measures as to him may seem expedient for the recovery (by legal process or by other lawful ways and means) of the amount of such balance or bal- ances together with interest upon the whole or on such part of such balance or balances as to the treasurer may appear just and reasonable. CO., c. 10, s. 75. 76. If the treasurer do not within the time prescribed by Report to this Ordinance present to the Legislative Assembly any report "^'^^^"'^ made by the auditor on the appropriation accounts or any other accounts, the auditor shall forthwith present such report. CO., c. 10, s. 76. 77. The auditor shall cause to be prepared for submission to Monthly state- the treasury board at the earliest possible moment after the end ^'^^'n^ and of each month a statement of the revenue and expenditure as expenditure shown by his books on account of the various services up to the date named. CO., c. 10, s. 77. 139 CHAPTER 11. An Ordinance respecting Public Printing. THE Lieutenant Governor by and with ibe advice and con- sent of the Legislative Assembly of the Territories enacts as follows : Appointment of 1- The Lieutcuant Governor may appoint a [Government] p?ibler"""'"''' printer for the Territories and may fix the salary and prescribe the duties appertaining to t.ie office. CO., c. 11, s. 1; 1901, c. 5, s. 1. [inanyOrdi- [!«• Wherever the expression "Queen's printer" occurs in FvFnTer'S^eans' ^^y Ordinaucc it shall be understood to refer to the Govern- PHntrr'i""'"' ment printer appointed under the provisions of the said Chap- ter 11 of The Consolidated Ordinances 1898 as amended by this Ordinance.] 1901, c. 5, s. 3. Publication of 2. Thc Lieutcnaut Governor _ in Council may authorise the cia gazette py^jigation [not less than] twice in each month of an official gazette, to be called The North-West Territories Gazette, for the pubhcation of proclamations, official and other notices and of all such matters whatsoever as may be from time to time required. CO., c. 11, s. 2; 1901, c. 5, s. 2. Printing- and 3. It shall bc tliB duty of the [Government] printer (subject &"rdinanc°es,°'^ to thc directlou of the Lieutenant Governor in Council) to print and publish or cause to be printed and published the Ordinances of the Territories, The North-West Territories Gazette, and such documents and announcements as may from time to time be required. CO., c. 11, s. 3. Publication of 4. All aclvcrtisements, notices and documents whatever re- adyert.sements, j^ting to mattcrs wlthlu thc coutrol of the Legislative Assem- bly of the Territories and which by any law are required to be published shall be published in the said official gazette; unless any other mode of publication is prescribed by law. CO., c. 11, s. 4. cT"i°ns nd ^' "^^^ Lieutenant Governor in Council shall prescribe the ch°a"ges°for''" conditious of the publication of the said gazette; and shall Jubscdpt°on''"'^ designate the pubhc bodies, officers and persons to whom the said gazette shall be sent; and shall make a tariff of charges to be paid for the publication of notices, advertisements and documents to be published in the said gazette and the price of subscription to said gazette. CO., c. 11, s. 5. 140 Gazette, etc. S. 6 PUBLIC PRINTING Cap. 11 2 [6. The Territorial Treasurer may advance from time to Territorial time out of the general revenue fund on the certificate of the m^ife ad^anS government printer such sums as may be required for the pur- pri^°e7for'"''"' chase of stationery and other suppUes for the use of the depart- ^"aTionery ^ ments of the public service not exceeding in the aggregate the amounts appropriated for departmental expenses. (2) The sums so advanced shall be accounted for under such regulations as may from time to time be made by the Lieuten- ant Governor in Council.] 1901, c. 6, s. 1. 141 CHAPTER 12. An Ordinance respecting Inquiries Concerning Public Matters. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows: Commissions of 1. Thc Lieutenant Governor in Council may, when he deems mqu.ry -^ expcdicut to cause inquiry to be made into and concerning any matter within the jurisdiction of the Legislative Assembly and connected with the good government of the Territories or the conduct of the public business thereof, appoint commis- sioners to make such inquiry and to report thereon. CO., c. 12, s. I. missioners Powers of com 2. The Licutcnant Governor may by the commission by which he appoints them confer upon the commissioners the power of summoning witnesses before them and to require such witnesses to give evidence on oath, orally or in writing or on solemn affirmation (if they are persons entitled to affirm in civil matters) and to produce such documents and things as the commissioners may deem requisite to the full investigation of the matters into which they are appointed to inquire; and the commissioners shall have the same power to enforce the attendance of witnesses and to compel them to give evidence as is vested in any court of record in civil cases. CO., c. 12, s. 2. public offices if.S'f.'^ffi" °/ ^- "^^^ Lieutenant Governor in Council may appoint one or more inspectors to visit and inspect the office of any clerk or deputy clerk of the Supreme Court, any sheriff or deputy sheriff or registration clerk and make all proper inquiries as to the maintenance, management and affairs of any such office ;^ and by examination of the books and by such other means as he may deem necessary such inspector shall particularly sat- isfy himself as to the correctness of any retiu-ns required under any Ordinance or under any Order of the Lieutenant Gover- nor in Council to be made by the officer whose office he is inspect- ing upon all which matters the inspector shall make report to the Lieutenant Governor. [(2) The Lieutenant Governor in Council may also from time to time when he deems it expedient appoint an inspector to examine into the affairs of any public administrator or any other public officer whether such person has ceased to be such public administrator or other public officer or not and report to him upon the conditions of such affairs.] CO., c. 12, s. 3;: 1903, c. 5, s. 1. 142 CHAPTER 13. An Ordinance respecting Security to be Given by Public Officers. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows: 1. Every person appointed to any office or employment by Persons to or under the Government of the Territories or to any office or "™'^ ' se>,uritj employment of public trust or wherein he is concerned in the •collection, receipt, disbursement or expenditure of any public money and who by reason thereof is required to give security shall within one 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 Ter- manner ot ritories, and then within one month after such arrival) give and fecu"rfty enter into a bond or bonds or other security or securities in such sum and with such sufficient 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 performance of the trust reposed in him and for his duly accounting for all public moneys entrusted to him or placed under his control. CO., c. 13, s. 1. 3. Wlienever any person is required under this Ordinance Bond soieiy or or by any order of the Lieutenant Governor in Council to give bonds or security for the due performance of the duties of any office to which he has been or is about to be appointed, such person may either solely or together with any sureties as the case may be give such securities by bond in the form A in the schedule to this Ordinance or to the like effect. CO., c. 13, s. 2. 3. Whenever a bond made according to said form A or any short form other bond (expressed to be made in pursuance of this Ordi- nance or referring 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. CO., c. 13, s. 3. 4. Any recitals may be inserted prior to the condition of Adaptation ot the bond and the feminine gender may be substituted for the °"" masculine or the plural number for the singular or vice versa in any form in the first column of the said form and corres- ponding changes shall in such case be taken to be made in the corresponding form in the second column; and any express exceptions or qualifications or additions made, introduced or annexed in the first column shall be taken to be made in the ■corresponding form in the second column. CO., c. 13, s. 4. 143 Cap. 13 SECURITY OF PUBLIC OFFICERS s. 5 Irreg-ularittes not to affect liability 5. Any bond or part of a bond which does not take effect by virtue of the three sections of this Ordinance next preceding 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. CO., c. 13, s. 5. Sureties to juitily Atteitation Registration of bond Register of bonds 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; 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; and every such bond or security with the several affidavits thereunto annexed shall be registered in the office of the Territorial secretary and the original bond or security and the affidavits thereunto annexed shall be retained in the said office and such bond or security shall be registered 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 Territories and if he is absent from the Territories then within three months after being entered into or given unless such person arrives sooner in the Territories and then within one month after such arrival. (2) The Territorial secretary shall for the purpose of so registering bonds or securities provide a separate register book every page of which and every bond or security recorded there- in shall be numbered and the day of the month and year when every such bond or security is registered shall be entered in the margin of the said register book and in the margin of the bond or security. Listofprind- (3) Thc Territorial secretary shall keep separate alphabet- pais and sureties jp^j Hsts 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 where the bonds or securities con- taining such names are to be found and shall enter and regis- ter the said bonds or securities in the same order of time in which they respectively come to his hands. Certified copies (4) Coples of all bonds or securities registered as aforesaid certified by the Territorial secretary shall be received in all courts of civil jurisdiction in the Territories as prima facie evidence of the due execution and the contents thereof ; and for every such copy certified as aforesaid a fee of one dollar shall be payable to the general revenue fund. CO., c. 13, s. 6. Failure to give security 7. If any person who is required to give, register and deposit any such bond or security as aforesaid neglects to do so, he shall be liable to forfeit the appointment in respect whereof such security should have been given and such appointment shall be void from and after the time when the Lieutenant Governor in Council declares the same to be void under this 144 s. 8 (3) SECURITY' OF PUBLIC OFFICERS Uap. 13 8 Ordinance ; but such voidance shall not annul or make void any act or other matter or thing done by such person during the time he actually held such appointment. (2) No such forfeiture shall take place by reason of any such Exception bond or security not being registered or deposited if the pro- l^'^J'^^^"""^^ per sureties have been given and the proper bond made out 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 case a new bond or security speci- fying the reason of such delay shall be made out and signed, registered and deposited within the like period after the per- son giving such security receives notice of the loss (regard being had to the place where he then is) as is required by this Ordinance for the registry thereof if such loss had not occurred. CO., c. 13, s. 7. 8. Every such person as aforesaid who has given any bond or other security with surety or sureties for the due execution of the trusts reposed in him or for duly accounting for public moneys coming to his hands shall give notice in writing to the Territorial secretary of the death, bankruptcy, insolvency or residence out of the Territories of any surety or person bound for or with him in any such security. (2) Such notice shall be given within one month after the 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, bankrupt, insolvent or resi- dent out of the Territories became security recoverable in any civil court at the suit of the attorney general. • (3) Every such person who (upon the death, bankruptcy, insolvency or residence out of the Territories of any surety) neglects to give the security of another surety to be approved in like manner as such surety dying or becoming bankrupt, insolvent or resident out of the Territories was approved, with- in 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 (the same re- gard being had to the place in which the person then is) shall be liable to forfeit his appointment of office, employment or commission in respect whereof such new security ought to have been given and such new bond or security registered and deposited as aforesaid ; and his appointment shall be void from 145 Death, insol- vency or non- residence of surety Default in gfiving* notice, penalty Omission to furnish new security Cap. 13 SECURITY BY PUBLIC OFFICERS S. 8 (3) and after the time when the Lieutenant Governor in Council declares the same to be void in like manner and under and subject to such provisions as aforesaid. CO., c. 13, s. 8. Withdrawal of surety 9. When any person has become security for the due ac- counting for public moneys or the proper performance of any public duty by any such person as aforesaid, such surety (when no longer disposed to continue such responsibility) may give notice iiiereof to his principal and also to the Territorial secretary and all accruing responsibility on the part of such person as such surety shall cease at the expiration of three months from the receipt of the last of such notices or upon the acceptance by the Lieutenant Governor in Council of the se- curity of another surety whichever first happens; and tho principal shall (within one month from the receipt of the last of such notices) give the security of another surety and register and deposit the bond of such new surety or in default of an do- ing shall.be liable to forfeit and be deprived of tjie appoijit- ment in respect whereof such new security ought to have been given and deposited as aforesaid; and his appointment shall be void from and after the time when the Lieutenant Governor in Council declares the same to be void in like manner and under and subject to such provisions as aforesaid. CO., c. 13, s. 9. Acceptance of security after proper time 10. The Lieutenant Governor in Council may approve of the security given by any public of&cer although perfected after the time limited by this Ordinance ; and in such case the of&ce shall be deemed not to have been voided by such default but to have remained and to remain in full force and effect; and no act of any such public officer shall by such default be void or voidable. CO., c. 13, s. 10. Securities executed at different times Registration 11. When the securities of the principal and sureties have been executed at different times (whether they were taken in one and the same bond, deed or other instrument or in differ- ent ones) the period limited for registering and depositing such securities shall be estimated from the time of execution thereof by the person who was the last to execute the bond, deed or other instrument or the last bond, deed or other instrument as the case may be. CO., c. 13, s. 11. Irreg^ularities in providing securities 12. No neglect, omission or irregularity in giving or receiv- ing the bonds or other securities or in registering the same within the periods or in the manner prescribed by this Or- dinance shall vacate or make void any such bond or security, or discharge any surety from the obligations thereof. CO., c. 13, s. 12. 146 Sched. SECURITY by public officers Cap. 13 13. All. bonds or other securities hereby required to be ^ftf^'Sme'"" registered and deposited shall be registered and deposited by the proper officer notwithstanding the period prescribed for registering and depositing the same has expired but no such registering and depositing of any such bond or other security shall be deemed to waive any forfeiture or penalty or shall exempt the person on whose behalf the same is registered and deposited from any forfeiture or penalty under any of the pro- visions of this Ordinance. CO., c. 13, s. 18. 14. Whenever any public officer is required to give security Guarantee J r ^ o t/ company s for the performance of his duties or other security of a like bond nature and whether such security inures for the benefit of the Territories or of any person injured by the default or miscon- duct of such officer, the Lieutenant Governor in Council may direct that the bond or policy of guarantee of any incorporated joint stock company empowered to grant guarantees, bonds, covenants or policies for the integrity and faithful accounting . of public officers or other like purposes ma}' be accepted as such security upon such terms as may be determined by the Lieutenant Governor in Council; and the provisions of law with reference to the legal effect of such securities when given by individuals, to me filing thereof and to the mode of pro- ceeding thereon shall apply to the security given by every such company. CO., c. 13, s. 14. 15. The interim receipt of such company may be accepted J^^'^p^ in lieu of the formal security biat the formal security shall be completed within four months from the date of such receipt. CO., c. 13, s. 15. SCHEDULE. FORM A. Know all men by these presents that we, of in the North-West Territories of the Dominion of Canada (herein- after called " the principal ") and of in the said Terrnories and of in the said Territories rhereinafter called "the sureties") are re- spectively held and firmly bound unto our Sovereign Lady the Queen, her heirs, and successors, in the respective penal sums following, that is to say : the principal in the sum of dollars of lawful money of Canada, and each of the sureties in a sum of dollars of like lawful money, to be paid to our said Sovereign Lady the Queen, her heirs and suc- cessors, for which said respective payments well and faithfully 14^ Cap. 13 3ECUEITY BY ¥Vai.IC OFFICERS. Sched. to be made we severally, — anc( not jointly or each for the other, — bind ourselves, and our respeptive hpirs, executors and ad- ministrators, firmly by these presents, sealed with our respec- tive seals. Dated this day of in the year of our Lord one thousand and in the year of Her JVlajesty's reign. Whereas the principal having been appointed to the office or employment of is required by law to giye^ security to tl\e Crown for *^^^ due per- formance of the duties appertaining theretq, and the sureties have consented to beco^^ his sureties for such i\is performance of the said duties, and this bond is giv^i in pursuance of An Ordinance respecting Security to be given by Public Oncers. COLUMN ONE. Now the condition qf this obligation is that if the prin- cipal faithfully disc^if^rges the duties of the said o^ce and duly accounts for all moneys and property which come into his custody by virtue of the said oflice, t^iis obligation shall be void. Signed, sealed and de- livered in the presence of 148 C30LUMN TWO. Now the cpudition of the above obligation is such that if the principal so appointed to the said offtce or employ- ment as ^foresaid, do and shall from time to time and at all times, so long as he shall holcl the s^W office or employment or be and re- main charged with the act- ual discharge of the duties appertaining thereto, or any of them, faithfully, honestly, and diligently do, perform, fulfill and diacfearge all and every such duties, in every respect in accordance with the laws now in foree in that behalf, as also ^U a^d singu- lar such othe^' cl^ti^s as by competent autliiority in that behalf now are or hereafter shall or may tie attached to ^he said office or employ- ment, or impoge^ npon or re- quired to be perfctrmed by t|ie incumbent for the time being of the aai annexed bond named, make oath and tories, to wit : J say, as follows : 1. I am seized and possessed to my own use of real (or real and personal) estate at in the North- West Territories of the actual value of $ over and above all charges upon or incumbrances affecting the same. 2. My post office address is as follows : Sworn before me at this day of A.D. one thousand (Signature) A.D. {Signature) CD. (A separate affidavit to be made by each surety.) Indorsement of Bond. The ind')rsenient on the bond shall show: I. The date of its receipt by the Territorial Secretary. 2. The names of the IBO Sched. SECURITY by public officers Cap. 13 principal and sureties, and the amount for which each is bound. 3. The date of the bond. 4. The office for the faith- ful discharge of the duties whereof it is given. 6. The regis- tration number. 6. The folio on which it is entered in the register of bonds. CO., c. 13. 151 CHAPTER 14. An Ordinance Eespecting the Registration of Births, Marriages and Deaths. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. Short title 1. This Ordinance may be cited as "The Vital Statistics . Ordinance." CO., c. 14, s. 1. INTERPRETATION. "Minister" "Department" "Occupier" 2. In this Ordinance unless the context otherwise requires — 1. The expression "minister" means the member of the Executive Council administering this Ordinance; 2. The expression "department" means the department presided over by the minister administering this Ordinance; '6. The expression "occupier" where used in sections eight and twelve of this Ordinance shall be construed to include the master, governor, keeper, warden or superintendent of a gaol, prison, penitentiary, lunatic asylum, poor asylum, hospital or other public or private charitable institution. CO., c. 14, s. 2. Administration by Territorial secretarj' Registration divisions Registrars Forms ATDMINISTHATION. 3. The Lieutenant Governor in Council may direct this Or- dinance to be administered by any member of the Executive Council by name or otherwise ; and in the absence of any such direction the Ordinance shall be administered by the Terri- torial secretary. CO., c. 14, s. 3. REGISTRATION DIVISIONS REGISTRARS. 4. For the purposes of this Ordinance the Lieutenant Gov- ernor in Council shall establish divisions for the registration of births, marriages and deaths occurring within the limits of such divisions and shall appoint registrars therefor. CO., c. 14, s. 4. 6. The department shall from time to time supply the regis- trars with the forms necessary for the discharge of the duties herein imposed on them; and it shall be the duty of such regis- trars to apply to the department for the issue of such forms whenever they may require them. 152 B. 10 VITAL STATISTICS Cap. 14 (2) The costs and expenses of such forms and the expenses attendant upon the distribution thereof shall be paid out of the general revenue fund of the Territories. (3) In case of the termination of the appointment of any registrar by death, resignation or otherwise, all such forms and other matters pertaining to his duties under this Ordi- nance in his possession or that of his representative shall be forthwith delivered to his successor. CO., c. 14, s. 5. 6. Each registrar shall within the first week of each month Monthly in every year transmit to the department duly certified under his hand the forms containing the original entries of all births, marriages or deaths reported to him during the previous month. CO., c. 14, s. 6. 7. Each registrar shall receive a fee to be paid out of the Registrar's general revenue fund of the Territories of twenty-five cents ^^ for each birth, marriage or death reported to him and duly returned to the department as herein provided. CO., c. 14, s. 7. EEGISTBATION OF BIRTHS. 8. The father of any child born in the Territories or (incase Persons to of his death or absence) the mother or (in case of the death or inability of both parents) any person standing in the place of the parents or if there is no such person then the occupier of the house or tenement in which to his knowledge the child was born or the nurse present at the birth shall within one month from the date of the birth give notice thereof to the registrar of the division in which the child was born, giving as far as possible the particulars required in form A in the schedule to this Ordinance with such additional information as may be required by the minister from time to time. CO., c. 14, s. 8. 9. In registering the birth of an illegitimate child, it shall Registration ot not to be lawful for the name ol any person to be entered as the chlwren**" father unless at the joint request of the mother and of the per- son acknowledging himself to be the father; and in all cases of the registration of the birth of illegitimate children the registrar shall write the word "Illegitimate" m the column set apart for the name of the child and immediately under the name if any. CO., c. 14, s. 9. 10. When the birth of any child has been registered and Alterations the name (if any) by which it was registered has been altered or (if it was registered without a name) when a name is given i-, the parent or guardian of the child or other person procuring 153 Cap. 14 VITAL STATISTICS 8. 10 such name to be altered or given may within two years next after the date of the birth deliver to the department a certifi- cate signed by the clergyman or person who performed the rite of baptism upon which the name was given or altered or (if the child is not baptised) signed by the father, mother or guardian of the child or other person procuring the name of the child to be given or altered; and the necessary alterations shall be made in margin of the form containing the original entry without making any alteration in the original entry. 0.0.', c. 14, s. 10. KEGISTEATION OF MARlilAGES. Officiating^ clergyman to report 11. Every clergyman, minister or other person authorised by law to celebrate marriages shall be required to report every marriage he celebrates to the registrar of the division within which the marriage is celebrated within one month from the date of the marriage with the particulars required by form B in the schedule to this Ordinance ; and in order to better enable the clergyman, minister or other person to make the report as aforesaid he shall be furnished (on demand) by the registrar of the division in which he resides with blank forms contain- ing the particulars required by said form B. CO., c. 14, s. 11. REGISTRATION OF DEATHS. Who shall register deaths 12. The occupier of the house or tenement in which a death takes place or (or if the occupier be the person who has died then) some one of the persons residing in the house in which the death took place or (if the death has not taken place within a house then) any person present at the death or having any knowledge of the circumstances attending the same or the coroner attending any inquest held on such person shall supply to the registrar of the division in which the death took place according to his or ner knowledge or belief all the par- ticulars required to be registered touching such death, accord- ing to form C in the schedule to this Ordinance. CO., c. 14, s. 12. Certificate of registration 13. Every registrar shall (immediately upon registering any death or as soon thereafter as he is required so to do) without fee or reward deliver to any person requiring the sanie for the purpose of burial a certificate according to form D in the schedule to this Ordinance that the particulars of such death have been duly registered. CO., c. 14, s. 13. Clergymen to register deaths, if not registered before burial 14. Every clergyman, minister or other person who buries or performs any funeral or religious service for the burial of any dead body (unless he has received a certificate under the hand of the registrar of the division in which the death took 154 s.:i8 VITAL STATISTICS Cap. 14 place according to form D in the schedule to this Ordinance that the particulars of the death have been duly registered) shall within one month make a return of such death according to form C in the schedule to this Ordinance to the registrar of the division in which the death took place. CO., c. 14, s. 14. 15. Every duly qualified medical practitioner who was last Doctor lo re- in attendance during the last illness of any person shall (with- Sth""'°*' m one month after having notice or knowledge of the death of such person) transmit to the registrar of the division in which the death took place a certificate under his signature of the cause of death according to form E in the schedule to this Or- d;nance; and it shall be the duty of every medical practitioner to apply to the said registrar for blank forms for that pur- pose ; and upon the receipt of the certificate from the medical practitioner by the registrar he shall attach the same to the form as provided in form C in the schedule hereto containing the particulars of such death. CO., c. 14, s. 15. 16. Every superintendent, caretaker or owner of anv ceme- Cemetery care- tery or burial ground whether public or private permitting report burials any dead body to be interred in the grounds over which he has ifrlsistoe'd""' charge (unless he receives a certificate under the hand of the registrar of the division in which the death took place that the particulars of the death have been duly registered) shall give to the registrar within seven days after the burial a writ- ten notice under his hand stating according to his knowledge, information and belief the name and residence of the deceased and the date and place at which the death and burial took place. CO., c. 14, s. 16. PENALTY FOE DEFAULT OF REGISTEEING. 17. If any person required bj^ this Ordinance to report births, marriages, deaths or burials, refuses or wilfully ne- glects to do so within the time named, such person shall be guilty of an offence and on summary conviction thereof forfeit and pay a sum not less than $1 nor more than $50 ; and it shall be the duty of registrars to prosecute all such persons so ne- glecting or refusing to make the required reports within the limits of their respective divisions; but nothing contained in this section shall prevent persons other than registrars from prosecuting defaulters. CO., c. 14, s. 17. Penalty for neg-lect of registration CORRECTION OF ERRORS SUBSEQUENT REGISTRATION. 18. If it is discovered that any error has been made in the c^^^^ction of entry of any birth, marriage or death' then (upon the same erroneous entry, being reported to the proper registrar) it shall be his duty to 155 Cap. 14 VITAL STATISTICS S. 18 Registration after two years inquire into the same and if satisfied that an error has been committed it shall be lawful for him to make the necessary alteration in the margin of the form containing the original entry without any alteration in such original entry; and if the original entry of such birth, marriage or death has been transmitted to the department he shall report to the depart- ment according to the facts of the case so as to secure the cor- rection of such erroneous entry in the margin of the form con- taining the original entry. CO., c. 14, s. 18. 19. Every registration of a birth, marriage or death shall be made within the time specified; but nothing herein con- tained shall prevent the subsequent registration of such birth, marriage or death within the period of two years. {'A) After the expiration of two years after the date of any birth, marriage or death, the particulars of such birth, mar- riage or death shall not be registered except with the writ- ten authority of the minister and the fact of such authority having been given shall be entered in the column set apart for remarks in the registration form. CO., c. 14, s. 19. RETURNS. Vital statistics returns to be kept in depart- ment Fees for search and certificate Proviso 20. The returns of births, marriages and deaths shall be transmitted by registrars to the department by registered mail ; and shall be arranged, indexed and kept in the archives of the department; and any person shall be entitled to have them searched during the regular business hours of the department on payment of twenty-five cents for each search and to require extracts duly certified by the minister on payment of fifty cenus for each such certificate. (2) In case such searches be required to be made and ex- tracts to be furnished before the returns have been transmit- tea to the department as required by this Ordinance, any registrar shall as to the returns in his possession allow such searches to be made and shall furnish certified extracts on payment to him of the fee or fees as pro- vided in this section; but any registrar who may not have transmitted his returns as required by this Or- registrar shall write the word "Illegitimate" in the column certified extracts after the date when such returns should have been transmitted: Provided that any coroner shall be entitled to have the re- turns of births, marriages and deaths searched free of charge by the registrar or other officer having charge of such returns in respect of any inquiry pending before him and to receive extracts duly certified therefrom free of charge. 1B6 s. 23 VITAL gTATlStlOS Cap. 14 (3) Such certifijd extracts shall be evidence of the entry and prima facie evidence of the facts therein stated in any court. CO., c. 14, s. 20. REGULATIONS. 21. The Lieutenant Govbrnor in Council may from time to Ljeut. Governor lime make such further rules, orders and regulations as may ■" coundi may . ' n make rules and be required for the purpose of effectually obtaining the infor- perscribe forms mation required by this Ordinance ; [or such further iiif cirma- tion as he may deem necessary ; and may prescribe additional forms or alter or vary any of the forms in the schedule hereto or substitute new ones therefor.] CO., C. 14, s. 21 ; 1900, c. 2, s. 1. PENALTIES AN!) PfiOSECUTlONS. 22. Any person who knowingly or wilfully makes or cattSes Penalty for to be made a false statement touching any of the particiildts * ^^ * * ''"^" required to be reported and entered under this Ordinance shftU be guilty of an offence and liable upon summary conviction thereof to a penalty of $25. CO., c. 14, s. 22. 23. For the purpose of proceedings under this Ordinance or any order or regulation made thereunder, every offence against this Ordinance or any such order or regulation shallTje deemed to have been committed and every cause of complaint under this Ordinance or any such order or regulation shall be deemed to have arisen either in the place in which the same actually was committed or arose or in any place in which the person charged or complained against happens io be. CO., c 14, s. 23. Place of offence hereunder 167 Gap. 14 VITAL STATISTICS SCHEDULE. Sched. fokm a. No of I REGISTEATION OF BIRTH. Registration Division of When Born. Name. Sex (male or female.) JSTame and surname of father. Name and surname of mother. Rank or profession of father. Description and residence £>i informant. Name of doctor in attendance (if any). Remarks. I hereby certify the foregoing to be true and correct to the best of my knowledge anu belief. Given under my hand at the day of 1 Informant. I hereby certify the foregoing to be the true and correct original entry of birth returned to me on the above mentioned date. Given under my hand at the day of 1 Registrar. 158' Sched. VITAL STATI&TICS Cap. 14 FORM B. No.. REGISTRATION OF MARRIAGE. Itegistratioifi Division of of 1 BRIDEGROOM. Mis name. Age. Residence when imarried. Place ©if ibiirth. Bachelor ot widower (b or w). Rank or pTOfession. | hteligioiULfi denomina- tion. Name of parents. BRIDE. Her name. Age. 1 Residence when married. Place of birth. Spinster or Avidow (s or w). Religious denomina- tion. Names of parents. Names and resi- dences of witnesses. Date of marriage. By License or banns (l or B.) Remarks. I hereby certify the foregoing to be true and correct to the best of my knowledge and belief. Given under my hand at the day of 1 Officiating Clergyman. I hereby certify the foregoing to be the true and correct original entry of marriage returned to me on the above men- ■tioned date. Given under my hand at the day of 1 159 Registrar. Cap. 14 VITAL STATISTICS FOEM C. No. KEGISTRATION OF DEATH. Eegistration Division of Sched. of 1 Name and surname of deceased. When died. Sex (male or female). Age. Eank or profession. Where born. Certified cause of death and duration of illness. Name of physician (if any). Eeligious denomination. Description and residence of informant. Eemarks. I hereby certify the foregoing to be true and correct to the best of my knowledge and belief. Given under my hand at the day of 1 Informant. I hereby certify the foregoing to be the true and correct original entry of death returned to me on the above mentioned date. Given under my hand at the day of 1 Registrar. 160 Sched. VITAL STATISTICS FORM D. Cap. 14 Uivision of particulars of the death of have been duly registered. Given under my hand at 1 Registrar of the Registration , do hereby certify that the this day of Registrar. 10 FORM E. Registration Division of Name and surname of deceased. Sex. Resi- dence. Rank or profession. Duration of illness. Cause of death. I hereby certify the foregoing to be a true and correct certi- ficate of the cause of the death of the person therein named. Given under my hand at of ,1 this day M.D. 161 CHAPTER 15. An Ordinance Eespecting the Expropriation of Lands. {Repealed) 1901, c. 4, s. 78. I(i2 CHAPTER 16. An Ordinance to make Eegulations with respect to Coal Mines. npHE Lieutenant Governor by and with the advice and con- -*- sent of the Legislative Assembly of tho Territories en- acts us follows : .-HOllT TITLE. 1. This Ordinance may be cited as "The Coal Mines Regu- ^^""^ ''"° lations Ordinance." CO., c. 16, s. 1. INTEEPEETATION. 2. In this Ordinance unless the context otherwise requires — interpretation 1. The expression "mine" includes every shaft in the course "*'"'"' of being sunk, and every level and inclined plane in the course of being driven for commencing or opening any coal mine, and all the shafts, levels, planes, works, machinery, tramways and sidings, both below ground and above ground, in and ad- jacent to a coal mine, and any such shaft, level and inclined plane belonging to such coal mine; 2. The expression "shaft" includes pit; 3. The expression "plan" includes a map and cross section and a correct copy or tracing of any original plan as so de- fined; "Shaft" "Pla 4. The expression "owner" when used in relation to any mine means any person or body corporate who is the imme- diate proprietor or lessee or occupier of any mine or of any part thereof, and does not include a person or body corporate V-ho merely receives a royalty, rent or fine from a mine or is jperely the proprietor of a mine subject to any lease, grant or licence for the working thereof and is merely the owner of the soil and not interested in the minerals of the mine, but any contractor for the working of a mine or any part thereof shall be subject to this Ordinance in like manner as if he were an owner but so as not to exempt the owner from any liability. 5. The expression "agent" when used in relation to any mine means any person having on behalf of the owner care or direction of any mine or of any part thereof , and superior to a manager appointed in pursuance of this Ordinance ; 6. The expression "Commissioner" means the Commission- er of Public Works for the Territories; 163 "Owr "Commis- sionf"-" Cap. 16 COAL MINES s. 2 (7) "Inspector" "Manager" "Pit boss'' and "fire boss" 7. The expression "inspector" means an inspector appoint- ed under the provisions of this Ordinance; 8. The expression "manager" means a manager holding a certificate of competency under the provisions of this Ordi- nance ; 9. The expression "pit boss" and "fire boss" mean respec- tively a pit boss and -fire boss holding certificates as such issued under the provisions of this Ordinance ; 10. The expression "board" means the board of examiners provided by this Ordinance. CO., c. 16, s. 2. EMPLOYMENT OF PEESONS IN COAL MINES ^PRECAUTIONS FOB SAFETY. Register of employees Production of 3. The owner, agent or manager of every mine to which this Ordinance applies shall keep in the office at the mine a regis- ter and shall cause to be entered in such register the name, age, residence and date of first employment of all persons em- ployed in connection with the mine, and shall produce such register to any inspector under this Ordinance at all reason- able times when required by him, and allow him to inspect and copy the same. CO., c. 16, s. 3. Persons not permitted in mines [4. (1) Repealed.] (2) No boy under the age of twelve years nor any woman or girl of any age shall be employed or be permitted to be in the workings of any mine.] 1899, c. 4, s. 1 ; 1900, c. 3, s. 1. Entrance to 6. When thcro is a shaft or inclined plane or level in any mmiratioTwith mine to which this Ordinance applies, whether for the purpose p^"^ of an entrance to such mine or of a communication from one part to another of such mine, and persons are taken up or down or along such shaft, plane or level by means of an en- gine, windlass or gin, driven or worked by steam or mechani- cal power or by an animal or by manual labour, a person shall not be allowed to have charge of such engine, windlass or gin or of any part of the machinery, ropes, chains, or tackle con- nected therewith unless he is a male of at least eighteen years of age. CO., c. 16, s. 5. Who shall not be in charge of machinery, etc. Failure to com- ply with regis- tration or employment regulations is an offence against Ordinance 6. If any person contravenes or fails to comply with or per- mits any person to contravene or fail to comply with any pro- vision of this Ordinance with respect to the registration of per- sons employed in such mine or to the employment of persons about any engine, windlass or gin, he shall be guilty of an of- fence against this Ordinance; and in case of any such con- travention or non-compliance by any person whomsoever the 164 s. 10 COAL MINES Cap. 16 owner, agent and manager shall each be guilty of an offence against this Ordinance. CO., c. 16, s. 6. 7. If it appears that a person employed in any mine or about Misrepresenta- an engine, windlass or gin connected therewith was employed on the representation of his parent or guardian that he was of that age at which his employment would not be in contra- vention of this Ordinance, and under the belief in good faith that he was of that age the owner, agent or manager of the mine and employer shall be exempt from any penalty in case it shall appear that the person so employed was not of such age and the parent or guardian making such false representa- tion shall be deemed guilty of an offence against this Ordi- nance. CO., c. 16, s. 7. Persons not to work in mines unless every seam has two shafts 8. Notwithstanding any contract or agreement to the con- trary the owner, agent or manager of a mine to which this Ordinance applies shall not employ any person in such mine or permit any person to be in such mine for the purpose of em- ployment therein unless there are in communication with every seam of such mine for the time being at work at least two shafts or outlets separated by natural strata of not less than ten feet in breadth, by which shafts or outlets means of ingress and egress are available to the persons employed in such seam whether such two shafts or outlets belong to the same mine or one or more of them belong to another mine, and unless there is a communication of not less than four feet wide and three feet high between such two shafts or outlets, and unless there is at each of such two shafts or outlets or upon the works belonging to the mine and either in actual use or available for use within a reasonable time proper apparatus for raising or lowering persons at each such shaft or outlet : Provided that such separation shall not be deemed incom- plete by reason only that openings through the strata between the two shafts or outlets have been made for temporary pur- poses of ventilation, drainage or otherwise, or in the case of mines where inflammable gas has not been found within the preceding twelve months for the same purposes although not temporary. CO., c. 16, s. 8. 9. Every owner, agent, or manager of a mine who acts in contravention contravention of or fails to comply with the last preceding owne^^agent or section shall be guilty of an offence against this Ordinanc.3. '"'"'^^" CO., c. 16, s. 9. Means of com- munication and ot ingress and egress to be provided Proviso 10. The Supreme Court or any judge thereof whether any ^°e^^"/ °l other proceedings have or have not been taken may upon the prohibieta application of any person authorised thereto by the commis- sioner prohibit by injunction the working of any mine in which any person is employed or is permitted to be for the 165 Cap. 16 COAL MINES s. 10 purpose of employment in contravention of section 8 hereof and may award such costs in the matter of the injunction as the court or judge thinks just; but this provision shall be with- out prejudice to any other remedy permitted by law for en- forcing the provisons of this Ordinance. (2) Written notice of the intention to apply for such injunc- tion in respect of any mine shall be given to the. owner, agent or manager of such mine not less than ten days before the ap- plication is made. CO., c. 16, s. 10. When 11. The provisions of this Ordinance with respect to shafts shafi's'shairno" Or outlcts shall not apply in the following cases, that is to say : apply 1. In the case either of opening a new mine for the purpose of searching for or proving minerals or of any working for the purpose of making a communication between two or more shafts, so long as not more than twenty persons are employed below ground at any one time in the whole of the different seams in connection with each shaft or outlet in such new mine or such working; 2. In the case of any proved mine so long as it is exempted in writing by the commissioner on the ground either — (a) If the mine is not a mine with inflammable gas, that sufficient provision has been made against danger from other causes than explosions of gas by using stone, brick, or iron in the place of Avood for the lin- ing of the shaft and the construction of llie mid-wall ; or (b) That the workings in any seam of a mine have reach- ed the boundary of the property or other extremity of the mineral field of which such seam is a part, and that it is expedient to work away the pillars already formed in course of the ordinary working, and so long as there are not employed below ground at any one time in the whole of the different seams in connection with the shaft or outlet in any such mine more than ten persons, or (if the mine is not a mine with inflammable gas) then such larger number of persons as may for the time being be allowed by the commissioner. CO., c. 16, s. 11. Parts of mine worked separately treated as separate mines Objection to division of mine into parts 12. Where two or more parts of a mine are worked separ- ately the owner, agent or manager of the mine shall give notice in writing to that effect to the commissioner, and thereupon each such part shall for all the purposes of this Ordinance be deemed to be a separate- mine. (2) If the commissioner is of opinion that the division of a mine in pursuance of this section will permit of the evasion of the provisions of this Ordinance or in an}' way prevent the car- rying of this Ordinance into effect, he may object to such di- 166 8. 17 COAL MINES Cap. 16 vision by notice served on the owner or agent of the mine. CO. c. 16, s. 12. MANAGERS OF MINES. Penalty for working with- out manager Exemption Contractor cannot be a manager Certificate of manager 13. Every mine to which this Ordinance applies shall ex- panysuper- •^ , _ ^ ^ , vision of cept as hereinafter provided be under the control and daily manager supervision of a manager who has obtained a certificate of competency in accordance with the provisions of this Ordi- nance. (2) If any mine to which this Ordinance applies is worked for more than thirty days without there being such a manager the owner and agent of such mine shall each be guilty of an offence against this Ordinance. (3) A mine in which less than twenty persons are ordinarily employed below ground shall be exempt from the provisions of this section unless the commissioner by notice in writing served on the owner or agent of such mine requires the same to be under the control of a manager. CO., c. 16, s. 13. 14. A contractor for the mining of coal or a person employ- ed by such contractor shall not be eligible for the position of manager in any mine operated under the provisions of this Ordinance. CO., c. 16, s. 14. 15. A certificate of competency as a manager in form ap- proved by the commissioner may be issued by the commis- sioner to any person who is entitled thereto under the provi- sions of this Ordinance, but no such certificate shall be issu.^d to any person who has not had five years' practical exper'enop of coal mining operations under ground. CO., c. 16, s. 15. 16. Every person to whom a certificate of competency as a ^rtSkltf "' manager is issued shall be duly recorded as the holder of such certificate and shall pay therefor to the commissioner a fee of $6. CO., c. 16, s. 16. 17. Every person holding a first class certificate of compe- ^rtScat^s tency as a manager of coal mines obtained by examination in ^Xng "foreign any province of Canada or other part of Her Majesty's do- certificates minions or in the United States of America may apply to the commissioner to be granted a certificate of competencj^ under the provisions of this Ordinance. Such application shall be accompanied by the certificate or certificates held by the ap- plicant and he shall furnish such further proof as to his prac- tical experience, ability, sobriety and general good conduct as the commissioner may require. If the certificates forwarded with such application and the further proof required as to practical knowledge, sobriety and general good conduct are of a satisfactory character the commissioner may issue a certifi- 167 Cap. 16 COAL MINES s. 17 cate of competency to such applicant and record him as the holder of such certificate. CO., c. 16, s. 17. Service certificate 18. Any person not the holder of a certificate of competency as a manager of coal mines obtained by examination in any province of Canada or other part of Her Majesty's dominions or the United States of America, who before the 19th day of September, 1898, had five years' practical experience in coal mining operations under ground and who on the said date was acting as the manager of any mine, may apply to the commissioner to be granted a certificate of competency as a manager under the provisions of this Ordinance; and if the proof of such service and such further proof of the sobriety, ability and general good conduct of the applicant as the com- missioner may require is of a satisfactory character tJie com- missioner may issue a certificate of competency as a manager to such applicant and dul)' record him as the holder of such certificate. CO., c. 16, s. 18. Examining: board Place and date of examination Candidates for examination to give notice Duties of examining board When certifi- cate shall issue 19. For the purpose of examining candidates who may de- sire to obtain certificates of competency as managers and who are not qualified for such certificates under the provisions of sections 17 and 18 of this Ordinance, there shall be a board of examiners consisting of the inspector, a certificated manager and a miner who has had at least five years' practical experi- ence of coal mining under ground. The inspector shall be a permanent member of such board and the manager and miner shall be appointed by him at each mine during the time of his first and last inspection during each year. (2) Notice of the place and date at which the board v/ili meet at each mine shall be given by the inspector to the manager of such mine two weeks before the date of such meeting. (3) Candidates who may desire to submit themselves for examination at such meeting shall notify the inspector in writ- ing one week before the date of the meeting. (4) The board shall examine candidates presenting them- selves for examination who have given the proper notice as to their practical experience and theoretical knowledge of all the operations connected with the mining of coal and management of mines, and may issue a certificate to such candidates as successfully pass such examination, reciting the facts and re- commending the issue to such candidates by the commissioner of a certificate of competency as a manager. (6) Upon receipt of the certificate issued by the board, together with a fee of $16, the commissioner shall issue a certificate of competency as a manager to the holder of the certificate from the board and shall record him as the holder of such certificate of competency. 168 s. 21 COAL MINES Cap. 16 (6) If at any time representation is made to the commis- Cancellation or i_ * ± n .,1, ,-.. suspension ot sioner by an inspector or otherwise that a manager holding a certificate for certificate of competency under this Ordinance is by reason of ''^"" '^°^" incompetency or gross negligence unfit to discharge his duties or has been convicted of an offence against this Ordinance, the commissioner may if he thinks fit cause inquiry to be made into the conduct of such manager, and if the charges are proven against him the commissioner may cancel or suspend the certificate of such manager. (7) When the certificate of a manager is cancelled or sus- Record of same pended in pursuance of this Ordinance the commissioner shall cause such cancellation or suspension to be recorded in the register of holders of certificates. (8) The commissioner may at any time if it be shown to Restoration him to be just to do so renew or restore on such terms as he thinks fit any certificate which has been cancelled or sus- pended under the provisions of this Ordinance. CO., c. 16, s. 19. Pit boss anp fire boss. 20. The board may at any meeting held for the examination fertffiMtMo" of candidates for certificates of competency as managers, lamination examine such candidates as present themselves for certificates as pit bosses or fire bosses and to each candidate who success- fully passes the examination prescribed by the board may upon payment of a fee of $3 issue a certificate, signed by the inspector, authorising him to act in such capacity. (2) The inspector shall make a return to the commissioner fi/a"eTiss*u"d''' of all certificates issued under the provisions of this section and shall transmit to the commissioner all fees collected in connection therewith. (3) Any person who on the 19th day of September 1898 Jipft^'^/fife*'^ was acting as a pit boss or fire boss in any mine operated •">" under the provisions of this Ordinance may, upon application to the inspector and payment of a fee of $3, be granted a certificate of qualification as a pit boss or fire boss as the case may be, provided that such person proves to the satisfaction of the inspector that he has had five years' experience of coal raining operations under ground, and produces a certificate from the manager of the mine in which he is employed stating that he is filling the position of pit boss or fire boss in such mine. CO., c. 16, s. 20. 21. No person shall act as pit boss or fire boss in any mine ^^^^^^-fj"^^^ operated under the provisions of this Ordinance unless he is the holder of a certificate issued by the board authorising him to act in such capacity. CO., c. 16, s. 21. 169 Output returns and returns as to employees Cap. 16 COAL MINES REPORTS AND RETURNS. s. 22 22. On or before the first day of February in every year the owner, agent or manager of every mine to which this Ordi- nance applies shall, send to the commisisoner a correct return specifying with respect to the year ending on the preceding thirty-first day of December, the quantity of coal wrought in such mine and the number of persons ordinarily employed in or about such mine below ground and above ground, distin- guishing the persons employed below ground and above ground and the different classes and ages of the persons so employed and such return shall be in accordance with form A in the schedule hereto. CO., c. 16, s. 22. Making: talse returns Publication of returns 23. Every owner, agent or manager of a mine who fails to comply with the preceding section or makes any return prescribed thereby which is to his • knowledge false in any particular shall be guilty of an offence against this Ordinance. CO., c. 16, s. 23. 24. The aggregate results of such returns may be published but the individual return shall not be published without the consent of the person making the same or of the owner of the mine to which it relates, and no person other than government officials shall be entitled without such consent to see the same. CO.. ,c. 16, s.. 24. ACCIDENTS TO BE REPORTED. All accidents to be reported When death ensues ,25. Where, in or about anv mine to which this Ordinance applies, whether above or below ground, either loss of life or personal injury to any person employed in or about the mine occurs by reason of : (a) Any explosion of gas, powder or of any sroam boiler; or (b) Any accident whatever; the owner, agent or manager of the mine shall within forty- eight hours next after the explosion or accident send notice in. writing of the explosion or accident and of the loss of life and personal injury occasioned thereby to the commissioner and shall specify in such notice the character of the explo- sion or accident and the number of persons killed and injured respectively. CO., c. 16, s. 25. 26. Where any personal injury of which notice is required to be sent under the last preceding section results in the death of the person injured notice in writing of the death shall be sent to the commissioner within twenty-four hours after such death comes to the knowledge of the owner, agent or manager. CO., c. 16, s. 26. 170 s. 30 COAL MINES Cap. 16 ,9 ■ 27. Every owner, agent or manager who fails to act in ^-^^^jJl^^if";;^^ compliance with the last two preceding sections shall be guilty "°"''°'"'' '""'^ of an offence against this Ordinance. CO., c. 16, s. 27. NEW SHAFTS. ABANDONMENT OF MINES. CHANGE OF NAME OB OWNER. NUISANCES. 28. In any of the following cases, namely (a) Where any working is commenced for the purpose of ^wen''p°opla- opening a new shaft for any mine to which this k"tS'e^rt^openin'g- Ordinance applies; ow'nerofmte (6) Where a shaft of any mine to which this Ordinance applies is abandoned or the working thereof discofi- tinued ; (c) Where the working of a shaft of any mine to which this Ordinance applies is recommenced after any abandonment or discontinuance for a period exceed- ing two months ; or (d) Where any change occurs in the name of, or in the name of the owner, agent or manager of any mine to with this Ordinance applies or in the oi^icers of any incorporated company which is the owner of a mine to which this Ordinance applies, the owner, agent or manager of such mine shall give notice thereof to the commissioner within two months after such commencement, abandonment, discontinuance, recommence- ment or change; and if such notice is not given the owner, agent or manager shall be guilty of an offence against this Ordinance. CO., c. 16, s. 28. 29. Where any mine to which this Ordinance applies is Entranced abandoned or the working thereof discontinued, at whatever t"obrserar"ety time such abandonment or discontinuance occurs the owner '*""'"' thereof shall cause the top of the shaft and any side entrance from the surface to be and fo be kept securely fenced for the prevention of accidents : Provided that — (a) Subiect to any contract to the contrary the owner of Responsibility ^ • ^ ^ ^ ror tencing en- the mine shall, as between him and any other person irance interested* in the minerals of the mine, be liable to carry into effect this section and to pay any costs incurred by any other person interested in the min- erals of the mine in carrying this section into effect; (b) Nothing in this section shall exempt any person from ^ther'o^dinan- liability under any other Ordinance or otherwise. ces (2) If any person fail to act in conformity with this section he shall be guilty of an offence against this Ordinance. CO., c. 16, s. 29. •30. Any shaft or side entrance which is not fenced as entrance be-' required by the last preceding section, if within fifty yards ""ZZce 171 10 Cap. 16 COAL MINES s. 30 of any highway, road, footpath or place of public resort or in open or uninclosed land shall be deemed to be a nuisance. CO., 0. 16, s. 30. Burning- slack near pit mouth 31. Whenever slack deposited in the neighbourhood of the pit's mouth is unfenced and burning and thereby in a danger- ous condition, the commissioner may instruct the owners of such mine to inclose such slack with a fence and take such other necessary precautions as he may require. CO., c. 16, s. 31. Plan of aban- doned mine to be sent to com- missioner 32. When any mine to which this Ordinance applies is abandoned the owner of such mine at the time of such aban- donment shall within three months after such abondonment send to the commissioner an accurate plan on a scale of not less than one hundred feet to one inch or on such other scale as the plan used in the mine at the time of such abandonment is constructed showing the boundaries of the workings of such mine up to the time of the abandonment ; but no person except an inspector under this Ordinance or other government of&cial shall be entitled, without the consent of the owner of the mine, to see such plan until after the lapse of ten years from the time of such abandonment. Every owner who fails to comply with this section shall be guilty of an offence against this Ordinance. CO., c. 16, s. 32. NOTICES. Service of notices and documents 33. AH notices under this Ordinance shall be in writing or print or partly in writing or partly in print, and all notices and documents required by this Ordinance to be served or sent in by or to the commissioner or an inspector may be either delivered personally or sent by post by prepaid letter and if sent by post shall be deemed to have been served and received respectively at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service or sending it shall be sufficient to prove that the letter containing the notice was properly addressed and put into the post office. C©., c. 16, s. 32. INSPECTOBS, POWERS AND DUTIES. Appointment of inspectors 84. The Lieutenant Governor in Council may from time to time appoint any fit persons to be inspectors of mines to which this Ordinance applies and assign them their duties and may award them such remuneration as he deems proper and may remove such inspectors from office for cause. O.O., c. 16, 8. 34. Powers of inspector 36. An inspector under this Ordinance shall have power to do all or any of the following things, namely : 172 s. 38 COAL MINES Cap. 16 11 1. To make such examination and inquiry as may be necessary to ascertain whether the provisions of this Orainance relating to matters above ground or below ground are com- plied with in the case of any mine to which this Ordinance applies ; 2. To enter, inspect and examine any mine to which this Ordinance applies, and every part thereof, at all reasonable times by day and night but so as not to impede or obstruct the working of the said mine; 3. To examine into and make inquiry respecting the state and condition of any mine to which this Ordinance applies, or any part thereof, and the ventilation of the mine and the sufficiency of tne special rules for the time being in force in the mine and all matters and things connected with or relating to the safety of the persons employed in or about the mine or any mine contiguous thereto; 4. To examine and inquire into the competency of all managers in charge of mines under this Ordinance and report upon the same to the commissioner. 6. To exercise such other powers as may be necessary for carrying this Ordinance into effect. CO., c. 16, s. 35. 36. Every person who wilfully obstructs any inspector in the execution of his duty under this Ordinance and every owner, agent and manager' of a mine who refuses or neglects to furnish to the inspector the means necessary for making any entry, inspection, examination or inquiry under this Ordinance iu relation to such mine or manager thereof shall be guilty of an offence against this Ordinance. CO., c. 16, s. 36. Obstructing^ inspector PLANS OF MINES. 87. The owner, agent or manager of any mine to which bal"epti" office this Ordinance applies shall keep in the office at the mine an accurate plan of the workings of such mine showing the work- ings up to at least six months previously and shall produce to p_.^^^^^.^^ ^^ an inspector under this Ordinance such plan and shall, if plan to inspec- requested by the inspector, mark on such plan the progress of the workings of the mine up to the time of such production and shall allow the inspector to examine the same; but the inspector is not hereby authorised to make a copy of any part of such plan. CO., c. 16, s. 37. 38. If the owner, agent or manager of any mine to which FaiK.j.^,',''^^'- this Ordinance applies fails to keep such plan as is prescribed accurate^pUn by the last preceding section or wilfully refuses to produce or allow to be examined such plan or wilfully withholds any portion of any plan or conceals any part of the workings of his mine or produces an imperfect or inaccurate plan, unless 173 12 iCap. 16 COAL MINES S. 38 Inspector may order plan to be made he shows that he was ignorant of such concealment^ imperfec- tion or inaccuracy he shall be guilty of an offence against this Ordinance ; (2) The inspector may by notice in writing (whether penalty for such offence has or has not been inflicted) require the own- er, agent or manager to cause an accurate plan, such as is prescribed by the said section, to be made within a reasonable time at the expense of the owner of the mine on a scale of not less than one hundred feet to one inch or such other scale as the plan then used in the mine is constructed on and if the owner, agent or manager fails within twenty-one days after such notice, or such further time as may be shown to be necessary, to make such plan or cause it to be made he shall be guilty of an offence against this Ordinance. CO., c. 16, s. 38. GENERAL RULES. Ventilation of mines Division into districts or splits Intake air to be pure Preservation of Exemptions Narrow work- ing places to be near ventilation 39. The following general rules shall be observed so far as is reasonably practicable in every mine to which this Ordi- nance applies : Rule 1. An adequate amount of ventilation shall be con- stantly produced in every mine to dilute and render harmless noxious gases to such an extent that the working places of the shafts, levels, stables and workings of such mine, and the travelling roads to and from such working places shall be in a lit state for working and passing therein. Rule 2. An adequate amount of ventilation shall mean not less than one hundred cubic feet of pure air per minute for each man, boy, horse and mule employed in a mine and as much more as the inspector may direct which shall sweep the face of each working place. Every mine shall be divided into districts or splits of not more than seventy men in each dis- trict, and each district shall be supplied with a separate current of fresh air. All intake^ air shall travel free from all stagnant water, stables and old workings and every place shall be bratticed up within four yards of the face. On all main roads where a door is required the inspector may order that two doors shall be placed so that while boxes are being taken through the one the other shall remain closed and no air shall be lost. (a) The above provisions as to splits and bratticing shall not apply to mines in which safety lamps are not necessarily employed; (6) In all mines so exempt all narrow working places shall not be driven more than twenty vards ahead of ventilation or such lesser distances as will prevent the air in the said narrow working places becoming visibly foul. 174 Eule 7 COAL MINES Cap. 16 13 Rule 3. In every mine in which inflammable gas has been found within the preceding twelve months, then once in every twenty-four hours if -one shift of workmen is employed and once in every twelve hours if two shifts are employed during any twenty-four hours, a fire boss shall so far as is reasonably practicable immediately before the time for commencing work in any part of the mine inspect wilh a safety lamp that part of the mine and the roadways leading thereto and shall make a true report of the condition thereof so far as ventilation is concerned, and a workman shall not go to work in such part until the same and the roadways leading thereto are stated to be siafe. Every such report shall be recorded without delay in a book which shall be kept at the mine for the purpose and shall be signed by the fire boss. Rule 4. In every mine in which inflammab.^ gtis has not been found within the preceding twelve months then once in every twenty-four hours a fire boss shall so far as is reason- ably practicable immediately before the time for commencing work in any part of the nTine inspect that part of the mine and the roadways leading thereto and shall make a true report of the condition thereof so far as ventilation is concerned and a workman shall not go to work in any such part until the same and the roadways leading thereto are stated to be safe. Every report shall be recorded without delay in a book which shall be kept at the mine for the purpose and shall be signed by the fire boss. Rule 6. All entrances to any place not in actual course of working and extension shall be properly fenced across the whole width of such entrance so as to prevent persons inad- vertently entering the same. Eule 6. A station or stations shall be appointed at the entrance to a mine or to diiferent parts of the mine as the case may re\juire and a workman shall not pass beyond any such station until the mine beyond the same has been inspected and stated to be safe. Rule 7. If at any time it is found by the person for the time being in charge of the mine or any part thereof that by reason oi noxious gases prevailing in such mine or such part thereof, or of any cause whatever, the mine or the said part is danger- ous every workman shall be withdrawn from the mine or such part thereof as is found dangerous and the manager or a fire boss shall inspect the mine or such part thereof as is found dangerous and if the danger arises from inflammable gas shall inspect the same with a locked safety lamp, and in every case shall make a true report of the condition of such mine or part thereof, and a workman shall not except in so far as is necessary for inquiring into the cause of danger or for the removal thereof or for exploration be readmitted into the mine, or such part thereof as was so found dangerous until 175 Inspection to take place when infiammable gas found Work not to proceed until roadways re- ported sate Inspection aa to ventilation Unused entran- ces in mines to be fenced When danger exists all work- men to be withdraw Inspection to follow 14 Cap. 16 COAL MINES Rule 7 the same is stated by such report not to be dangerous. Every such report shall be recorded in a book which shall be kept at the mine for the purpose and shall be signed by the manager or fire boss. When Eule 8. In every working approaching any place where MpHTve g»s °^ there is likely to be an accumulation of explosive gas no lamp iatetyiamp.^ or light other than a locked safety lamp shall be allowed or to be used used, and whenever safety lamps are required by this Ordi- nance or by the special rules in pursuance of this Ordinance to be used a competent person who shall be appointed Examination ot foT the purposc shall examine every safety lamp immediately satety lamps before it is taken into the workings for use and ascertain it to be secure and securely locked; and in any part of a mine in which safety lamps are required to be used they shall not be used until they have been examined and found Lamps not to secure and securely locked and shall not without due be opened and ^ ^., ., lj: no light to be authoritv be unlocked and m the said part oi a mine Struck a person shall not unless he is appointed for the purpose have in his possession any key or contrivance for open- ing the lock of any such safety lamp or any lucifer match or apparatus of any kind for striking a light. Where it is necessary to work coal in any part of a ventilating district with safety lamps it shall not be allowable to work with a naked light in another part of the same ventilating district situated between the place where such safety lamps are being used and the return airway. Use of gun- Eulo 9. Grunpowder or other explosive or inflammable Sthlr^explosives substauce shall only be used in the mine under ground as follows : (a) It shall not be stored in the mine ; i<= of boilers ■directly interested in the sale of boilers or steam machinery. mach^Try 1901, c. 7, s. 4. 5. Every inspector appointed under the provisions of this°^''^''';°*'''=^ r\ T iiiii?!* -t to be taken •Ordinance shall before entering upon the performance of his duties take and subscribe an oath that he will faithfully and impartially perform the duties of his office. 1901, c. 7, s. 5. 6. For the purpose of seeing that the provisions of this enter prT,^iTe7 Ordinance are complied with any of the inspectors appointed under this Ordinance may at any reasonable hour enter upon any lands or into any building where any steam boiler is operated. 1901, c. 7, s. 6. 7. Any person interfering with or obstructing any inspector ."spec'tor"^ in the performance of his 'duties under this Ordinance shall be guilty of. an offence and liable on summary conviction to a penalty not exceeding $50. 1901, c. 7, s. 7. 8. Every inspector shall keep a true record of all boilers ^epT'^'' '° ""^ inspected and all repairs ordered by him, of all boilers con- demned by him as unsafe, of all accidents to boilers in his district whether by explosion or otherwise and of all casualties in connection with boilers in his district. 1901, c. 7, s. 8. 9. Every inspector shall render annually on or before the A"""^' "'^p"''' thirty-first day of January in each year a concise report to the -commissioner of all inspections made by him during irhe preceding year and of all accidents and casualties that mav have happened connected with the operation of steam boilers within his district. 1901, c. 7, s. 9. 10. Any inspector may by notice in writing signed by him inspector^nmy require the attendance before him at a time and place to be oath named in such notice of any person; and may examine the person so notified to be present on oath regarding any matter •connected with the inspection or operation of any boiler or any accident thereto. (2) Any person wilfully neglecting or refusing in any way t ) comply with the notice of the inspector or to be examined as aforesaid shall be guilty of an offence and liable on sum- mary conviction thereof to a fine of $25 and on nonpayment •of such fine" forthwith after conviction to imprisonment for •breach of this Ordinance. (3) The inspection fee may be remitted in the case of small boilers operated by private individuals to operate cream separators. [(4) Such inspection certificate shall be' prima facie evidence of the due inspection of the boiler and of its fitness to be operated and the possession of such certificate snail authorize the operation of such boiler from the date of such certificate until its inspection in the next following year.]: 1901, c. 7, s. 12; 1903, 2nd session, c. 4, s. 1. Produciion thereof 13. The inspection certificate shall be exposed in a con- spicuous place in the boiler or engine room of every stationary boiler and shall be produced at any time by the owner or operator of any portable boiler upon demand of the inspector. (2) Any owner refusing or neglecting to post up or produce the inspection certificate shall be guilty of an offence and liable upon summary conviction to a penalty not exceeding $25. 1901, c. 7, s. 13. Operating without inspection certificate 14. Any owner who operates a boiler without being in possession of an inspection certificate shall be guilty of an offence and liable upon summary conviction thereof to a penalty of not less than $25 and not more than $100. 1901, c. 7, s. 14. Certain boilers exempted from operation of this Ordinance 15. The provisions of this Ordinance respecting the inspection of boilers shall not apply to any boiler insured and inspected by any duly incorporated boiler insurance company doing business in Canada if the owner or owners of such boiler shall when required by an inspector appointed under 186 s. 21 (2) STEAM BOILERS Cap. 17 4- the provisions of this Ordinance produce the certificate of inspection for the current year from such company. 1901, c. 7, s. 16. 16. Any boiler declared to be unsafe by an inspector shall Unsafe boiler not be used until such repairs as are ordered by the inspector have been made and the certificate required hereundei^ duly issued; and any person operating a boiler declared to be unsafe by an inspector before the repairs ordered by the inspector are completed and the certificate issued shall be guilty of an offence and upon summary conviction thereof liable to a penalty of $50. 1901, c. 7, s. 16. 17. Inspectors shall have the right at all reasonable hours toiler in course . -^ . ^^ .or construction to examine boilers m course of construction or undergoing or repair may repair and to refuse to grant a certificate of inspection for any boiler found to be improperly constructed or repaired or of which permission to make such inspection has been refused. 1901, c. 7, s. 17. 18. The owner or operator of any steam boiler shall allow J^^^p^^f^'°j ^°^^^^ the inspector free access to the same; and shall furnish water f""' inspection and fill the boiler to permit of the hydrostatic test being made and when necessary shall remove any jacket or covering from the' boiler as directed by the inspector; he shall .also assist the inspector in making his inspection and shall point out any defect that he may know of or believe to exist in the boiler or the machinery connected therewith. (2) Should any owner refuse or neglect to furnish the neces- op^ratoTto - sary water and fill the boiler for inspection the inspector may ^^■''"- ""'p^'^""" have such work done at the expense of the owner. 1901, c. 7, s. 18. 19. Every steam boiler shall be provided with a reliaole steam gauge steam gauge of approved make. (2) 'Such steam gauge shall be tested by the inspector an'-tmenf Agriculture ; 3. The expression "patient" means every person admitted "p^''™'" to a hospital for actual treatment and stay upon the order of a duly qualified medical practitioner. 1901, c. 8, s. 2. 3. Such hospitals in the Territories as the Lieutenant Gov- Aid to ernor in Council may designate upon complying with the pro- °^^' ^ ^ visions of this Ordinance, and of all regulations made there- under shall receive public aid at the rate of twenty-five cents per day for each day's actual treatment and stay of every- patient in such hospital during the calendar year next preced- ing the year for which such aid is given. 1901, c. 8, s. 3. 4. The Territorial Treasurer may advance and pay by sucn Advances on T'l i/-i • r^ 'T account from periodical payments as the Lieutenant Governor m Oouncil time to time may from time to time fix and determine all sums which any hospital may be entitled to receive under this Ordinance out of any moneys in his hands applicable to general purposes or specially appropriated for the purpose by the Legislative As- sembly. 1901, c. 8, s. 4. 5. The Lieutenant Governor in Council may prescribe Li^«;^'=_^nant^ regulations respecting the management, maintenance and ac- ^°™^;J,^"='>' commodation of all hospitals receiving public aid under this regulations Ordinance. 1901, c. 8, s. 6. RETURNS. 6. The commissioner may from time to time fix and direct J^|^™ f;;^„, ^o the particulars to be contained in and the form, manner and Remade 205 Cap. 20 HOSPITALS S. 6 Inspection of hospitals time of making returns ; and shall fix and direct the form and manner of oath, affirmation or declaration required for the verification of any such return and the person or persons by whom such oath shall be made. 1901, c. 8, s. 6. INSPECTION OF HOSPITALS. 7. The commissioner may appoint one or more inspectors to inspect and report upon every such hospital; and for such purpose such inspector or inspectors shall make all proper inquiries as to the maintenance, management and affairs thereof, and by examination of the registers and by such other means as may be deemed necessary satisfy himself or them- selves as to the correctness of any returns made under this Ordinance. (2) If any inspector should report that any patient was not a fit subject for hospital treatment for all or part of the time during which he was kept in the hospital the commissioner may refuse to make any payment in respect of such patient for the time during which he is so reported as not being a fir subject for hospital treatment. 1901, c. 8, s. 7. FALSE RETURNS. Penalty for making false return 8. Any person who knowingly and wilfully makes or is a party to or procures to be made directly or indirectly any false return under this Ordinance shall thereby incur a pen- alty of $100, which penalty may be recovered with costs by civil action or proceeding at the suit of the Attorney General in any form allowed by law in the supreme court of the Ter- ritories. 1901, c. 8, s. 8. Repeal 9. The Hospitals Ordinanae being chapter 20 of The Con- solidated Ordinances 1898 is hereby repealed. 1901, c. 8, s. 9. Commencement 10. This Ordiuauce shall come into force on the first day of July, A.D. 1901. 1901, c. 8, s. 10. 206 TITLE III. RELATING TO THE ADMINISTRATION OF JUSTICE. CHAPTER 21. An Ordinance respecting the Administration of Civil Justice. rr HE Lieutenant Governor by and with the advice and con- -*- sent of the Legislative Assembly of the Territories enacts as follows : SHOET TITLE. i. This Ordinance maj' be cited as "The Judicature O/'di-Titie nance." C. 0., c. 21, s. 1. INTEBPEETATION OF TEEMS. 2. In the construction of this Ordinance and the rules of interpretation Court, unless there is anything in the subject or context repug- nant thereto, the several expressions hereinafter mentioned or referred to shall have or include the meanings following : 1. "Cause" includes any. action, suit, or other original pro- "Cause- ceeding between a plaintiff and a defendant; 2. "Action" includes suit and means a civil proceeding com-"Action" menced by writ or in such other raanner as ma}^ be prescribed by this Ordinance or by rules of Court; 3. "Matter" includes every proceeding in the Court not in "Matter- a cause; 4."0riginating summons" means a summons by which pro- ■■°,^'„fj,';^3""» ceedings are commenced without writ; •»5. "Plaintiff," "petitioner," "defendant," "party," "per- "Parties- son," include bodies politic or corporate holding the relation of plaintiff, defendant or party; 6. "Eeceiver" includes consignee or manager appointed hy''^^^''''"''" or under an order of the Court; 7. "Plaintiff" includes any person asking any relief (other- "Plaintiff" wise than by way of counterclaim as a defendant) against any other person by any form of proceeding, whether the same be taken by action, suit, petition, motion, summons or other- wise; 207 Cap. 21 JUDICATURE S. 2 (8) "Petitioner'' "Detendant" 'Party" "Person'' "Clerk" "Sheriff' "Judgment" "Order" "Affidavit" "Oath" "Rule of court" "Lunatic" "Execution creditor" 8. "Petitioner" includes every person making any applica- tion to the Court, either by petition, motion, or summons, otlierwise than as against any defendant ; 9. "Defendant" includes every person served with any writ of summons or process, or served witji notice of or entitled in attfnd any proceedings. 10. "Party" includes every person served with notice of (;r amending any proceeding, although not named in the recof i. 11. "Person" includes a body corporate or politic; 12- "Clerk" or "clerk of the court" includes deputy chrk, acd, where the context requires it, process issuer; 13. "Sheriff" includes deputy sheriff, duly appointed bfil- iffs. coroner and other person discharging^ the duties of sheriff in the particular case or for the time being ; 14. "Pleading" includes any petition or summons (other than a writ of summons) and shall also include the state- ment in writing of the claim or demand of any plaintiff and of the defence of any defendant thereto and of the reply of the plaintiff to anv counterclaim of a defendant: 15. "Judgment" includes decree; 16. "Order" includes rule; 17. "Affidavit" or "oath" includes affirmation where authorized by law; 18. "Rule of Court" or "rules of Court" shall mean the rules contained in this Ordinance or any rules 'of Court passed in pursuance or under the authority thereof ; 19. "Lunatic" includes an idiot or other person of unsound mind; 20. "Execution creditor" includes an assignee of the execu- tion creditor. C. 0., c. 21, s. 2. JURISDICTION. Jurisdiction Practice and procedure Entry and trial of suits, in what district 3. The jurisdiction of the Supreme Court of the North- West Territories shall be exercised so far as regards procedure and practice in the manner provided by this Ordinance and the rules of Court, and where no special provision is contained in this Ordinance or the ='^iVi rules it shall be exercised as nearly as may be as in the Supreme Court of Judicature in England as it existed on the first day of January, 1898. C. 0. c. 21, s. 3. 4. Suits shall be entered and unless otherwise ordered tried in the judicial district where ■ the cause of action arose or in which the defendant or one of several defendants resideis or carries on business at the time the action is brought. 208 8. 7a JUDICATURE Cap. 21 3" (2) If in any judicial district there is a diatrict of a dei- puty clerk established by Ordinance, suits in which the cause of action arose or the defendant resides in such deputy clerk's district shall be entered in the office of the deputy clerk, and suits in which the cause of action arose or the defendant rel- sides in the remaining portion of the judicial district shall be entered in the office of the clerk of the Court, and if in any suit the cause of action arose in the deputy clerk's district and the defendant resides in the other portion of the judicial dis- trict, or vice versa', the suit may be commenced in either the^ clerk's or the deputy clerk's office. CO., c. 21, s. 4, 5. A judge sitting in chambers, if he shall announce that he judge (n is sitting in Court, shall have, possess, exercise, and enjoy all Announcement the powers and authorities, rights, privileges, immunities and in Court incidents of the said Court, and any judgment given or deci- sion or determination, or rule, order or decree made by him while sitting as aforesaid in respect of any matter lawfully brought before him, shall be subject to the provisions in this Ordinance relating to appeal to the Court ?n banc. CO., c. 21, B, 6. 6. In every case in which the Court has authority to order ^X'^tSne the execution of a deed of conveyance, transfer or assignment orders of any property, real or personal, the Court may by order vest such real or personal estate is such person or per^ns and in such manner and for such estates as would be done by any such deed, conveyance, assignment or transfer if executed; and thereupon the order shall have the Same effect as if the legal or other estate or interest in the property had beem actually conveyed by deed or otherwise for the same estate or interest to the person in whom the same is so ordered to be vested or in the case of a chose in action as if such chose ■in action had been actually assigned to such last mentioned person. CO., c. 21, s. 6. 7. The Supreme Court presided over by a single judge for g'„'^^"tS»°f the transaction of the business of the Court may sit and act at any time and place in each judicial district as any judge usually exercising the jurisdiction of the Court within such district appoints. [7a, The Lieutenant Governor in Council may by order divide or otherwise alter the boundaries of any judicial dis- trict now or hereafter established and may establish new districts and may by any such order or any other order ma,ke such provisions as he may deem necessary to protect the in- terests affected thereby.] C.O., c. 21, s. 7; 1903, 2nd session. 0. 6, s. 2. 209 Cap. 2L JUDICATURE 8. 8 RULES OF LAW. Equitable estate, right or relief claimed by plaintiff Equitable estate, right or relief claimed by defendant 8. In every civil cause or matter commenced in the Supreme Court, law and equity shall be administered by such Court according to the following rules : 1. If any plaintiff or petitioner claims to be entitled to any equitable estate or right, or lo relief upon any equitable ground against any deed, instrument or contract, or against any right, title or claim whatsoever asserted by any defend- ant or respondent in such cause or matter, or to any relief founded upon a legal right, the Court shall give to such plaintiif or petitioner such relief as would be given by the High Court of Justice in England in a suit or proceeding for the same or a like purpose. 2. If any defendant claims to be entitled to any equitable estate or right or to relief upon any equitable ground against any deed, instrument or confract or against any right, title or claim asserted by any plaintiff or petitioner in such cause or matter, the said Supreme Court and every judge thereof shall give to every equitable estate, right or ground of relief so claimed and to every equitable defence so alleged, such and :he same effect byway of defence against the claim of such plaintiff or petitioner as the High Court of Justice in England \^'iDuld give if the same or like matters had been relied on by way of defence in any suit or proceeding instituted in that, Court for the same or like purpose. Counterclaim 3. The said Supreme Court and every judge thereof shall and third parties g^jg^ jjg^,^^ powop to grant to auy defendant, in respect to any equitable estate or right or other matter of equity and also in respect of an}' legal estate, right or title claimed or asserted by him, all such relief against any plaintiff or petitioner as such defendant sEall have properly claimed by his pleading; and also all such relief relating to or connected with the original subject of the cause r matter and in like manner claimed against any other person, whether already a party to the same cause or matter or not, who shall have been duly ■served with notice in writing of such claim pursuant to this Ordinance, or any order of the Court as might properly have been granted against such person if he had been made a de^ fendant to a cause duly instituted by the same defendant for the like purpose and every person served with any ^ch notice shall thenceforth be deemed a party to such cause or matter with the same rights in respect of his defence again^ such claim as if he had been duly sued in the ordinary way by such defendant. Equitable rights 4. The said Court and every judge thereof shall recognize fnSnta^y aud tako notice of all equitable estates, titles and rights and all equitable duties and liabilities appearing incidentally in the course of any cause or matter, in the same manner in 210 s. 10 (4). JUDICATURE Cap. 21 5 which the High Court of Justice in England would have recognized and taken notice of the same in any suit or pro- ceeding duly instituted therein. 5. The Supreme Court in the exercise of its jurisdiction in ^';';!,'£rf every cause or matter pendiner before it shall have power td""a"ersin Tin *iii controversy grant, and shall grant either absohitely or on such reasonable terms and conditions asto it shall seem just all such remedies whatsoever as any of the parties thereto may appear to ba entitled to in respect of any and every legal or equitable claim properlj brought forward by them respectively in such cause or matter; so that as far as possible all matters so in contro- versy between the said parties respectively may be com- pletely and finally determined and all multiplicity of legal 5;^pjj,p"^jygs proceedings concerning any such matters avoided. C. O.,,'"''^^™'''^'' c. 21.S. 8. 9. In the case of lunatics and their property and estates, Lunatics the jurisdiction of the Court shall, subject to the rules of J^™'i^^J'°° Court, include that which in England is conferred upon the Lf)rd High Chancellor by a Commission from the Crown under the Sign Manual. CO., c. 21, s. 9. 10. The law to be administered in the Territories as to the matters next hereinafter mentioned shall be as follows : I. No claim of a cestui que Irust against his trustee for any Express trust property held on an express trust or in respect of any breach of such trust shall be held to be barred by any Statute of Limitations. 2. An estate for life without any impeachment of wasteEqujtabie shall not confer or be deemed to have conferred upon the tenant for life any legal right to commit waste of the descrip- tion known as equitable waste unless an intention to confetr such right shall expressly appear by the instrument creating such estate. 3. There shall not be any merger by operation of law only Merger of any estate the beneficial interest in which would not be deemed to be merged or extinguished in equity. 4. A mortgagor entitled for the time being to the possession MortBagOT^s^ or receipt of the rents and profits of any land as to which no action at notice of his intention to take possession or to enter into the receipt of the rents and profits thereof shall have been given by the mortgagee may sue for such possession, or sue or dis- train for the recovery of such rents or profits or to prevent or recover damages in respect of any trespass or other wrong relative thereto in his own name only unless the cause of action arises upon a lease or other contract made by him jointly with any other person and in that case he may sue or distrain jointly with such other person. 211 Cap. 21 JUDICATURE s. 10 (5) AsKiernmrnt of chose in action Conflicting^ claims Interpleader Stipulations in contracts as to time, etc. Part perform- ance when satisfaction Interlocutory mandamus Injunction Receiver Damagfes in addition to ' or instead of injunction or specific perform- ance Orders of Court as agrainst purcnasers 5. In case of an assignment of a debt or other chose in action, if the debtor, trustee or other person liable in respect (•f such debt or chose in action shall have had notice that such assignment is disputed by the assignor or any one claiming under him, or of any other opposing or conflicting claims to such debt or chose in action, he shall be entitled if he think fit to call upon the several persons making claim thereto to in- terplead concerning the same. 6. Stipulations in contracts as to time or otherwise which would not heretofore have been deemed to be or to have Ije- come of the essence of such contracts in a Court of Equity, shall receive in the Territories the same construction- and effect as they would in equity. 7. Part performance of an obligation either before or after a breach thereof when expressly accepted by the creditor iii satisfaction or rendered in pursuance of an agreement for that purpose though without any new consideration shall be held {•". extinguish the obligation. 8. A mandamus or an injunction may be granted or a re- ceiver appointed by an interlocutory order of the Court or judge in all cases in which it shall appear to the Court or judge to be just or convenient that such order should be made and any such order may be made either unconditionally or up- on such terms and conditions as the Court or judge shall think just ; and if an injunction is asked, either before or at or after the hearing of any cause or matter, to prevent any threatened or apprehended waste or trespass such injunction may be granted, if the Court or judge shall think fit whether thej; per- son against whom such injunction is sought is or is not in possession under any claim of title or otherwise or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title and whether the estates claimed by both or by either of the parties are legal or equitable. 9. In all cases in which the Court has jurisdiction to enter- tain an application for an injunction agtinst a breach of any covenant, contract or agreement or against the commission or continuance of any wrongful act nr for the specific perform- ance of any covenant, contract or agreement, the Court if it thinks fit may award damages t-o the party injured either in addition to or in substitution for such injunction or specific performance and such damages may be ascertained in such a manner as the Court may direct, or the Court may grant such other relief as it may deem just. 10. An order of the Court under any statutory or other jurisdiction shall not as against a purchaser whether with or without notice be invalidated on the ground of want of jurisdiction or of want of any concurrence, consent, notice or service. 212 ^- 11« ■ JUDIGATURE Cap. 21 7 :. 11. Generally in all matters in which there-is any conflict or R"'esof variance between the rules of Equity and Common Law withP?etV° reference to the same matter the rules of ■ Equity shall' prevail. ^ •' 12. Subject to the provisions of any Act of the Parliament of^"'''="" Canada and of any Ordinance the laws of evidence which gov- ern in the administration of civil justice in England shall obtain in the Courts; [and it is hereby declared that the pro- visions of T/ie Canada Evidence Act 1893 as now or hereafter from time to time amended apply to all proceedings or matters over which the Legislative Assembly of the Territories now has or hereafter shall have jurisdiction.'] 13. Minors may sue for wages in the same way as if of full Minors age. C. 0., c. 21, s. 10; 1901, c. 10, s. 1. clerk's duties. 11. The duties of the clerk shall be : cwks duties 1. To attend at his office and keep the same open between H^^rs of office the hours of ten in the forenoon and four in tlie afternoon on all days except Sundays and holidays and except on Satur- days ^and during vacation when the same shall be closed at one o'clock in the afternoon. 2. On application of any person by himself or his agent, o^'^'ai duties (a) To receive all complaints and other papers required to be filed in Court: (b) To issue all writs of summons, warrants, precepts, writs of execution and other documents rendered necessary or requisite for the effectual disposition of such matters; (c) Tax costs, enter judgments and record all judgments and orders pronounced, given and made. 3. To keep an account of all fines, fees and moneys payable ^n^jXioks or paid into Court entering all such amounts in proper ap- proved books in which shall be entered regularly under sepa- rate headings all the proceedings taken in any suit, all moneys received -and paid out and the persons to whom and by whom the same have been paid which books shall be accessible at all times to suitors and the public ; 4. To attend all sittings of the judge in chambers unless his fj^^^'f^j.^ attendance is dispensed with by the judge; and 5. To do and perform all such other acts and duties as may ° ng^iiy be necessary for the due administration of civil justice in the Territories. C. 0., c. 21, s. 11. [11a. Each clerk of the Court and sheriff may appoint a t^SelXby^ deputy at the place at which he resides and keeps his office, dark or sherifr 213 Gap. 21 JUDICATURE s. 11a who (in the absence of such clerk or sheriff) shall have andi exercise all the powers of such clerk or sheriff respectively.] 1900, c. 6, s. 1. Absence of clerk On vacancy Appointment of substitute" Disposition of books, tfocuments and moneys 12. In tlie absence of the clerk the judge may appoint a> suitable person to perform the duties prescribed in the preced- iiag section. CO., c. 21, s. 12. 13. All books, papers, documents and moneys in the posses- sion of the clerk by virtue of 6r appertaining to his office shall upon his resignation, removal or death immediately become thi^" property of such person as the judge usually exercising jurisdiction in the district shall appoint as clerk pending the appointment of a new clerk of the Court. CO., c. 21, s. 13. PUBLIC ADMINISTEATOES. Public administrator and ofBcial gruardian Duty as to neglected property of li. In each judicial district or for such other portion of the Territories as may be deemed desirable the Lieutenant Gover- nor may appoint a fit and proper person being an advocate of not less than five yeais' standing to be a public administrator and official guardian under, the" name of public administrator. CO., c. 21, s. 14. 15. When any person dies whether testate or intestate and his lands, personal estate and effects have not been taken pos- session of by his executors or next of kin the public adminis- trator in the judicial district where the property or any of the properties situated is hereby empowered and it shall be his duty when the facts are brought to his notice to forthwith take possession of the said lands, personal estate and effects and thft same to safely keep, preserve and protect and pending the grant of probate to an executor or the issue of letters of admin- istration as the case may be the public administrator shall have all the powers of an executor or administrator. C 0., c. 21, s. 15. Issue of letters of administration to public administrator Revocation of Security by public adminis- trator 16. In the absence of any application for probate of a will or for letters of administration within one month after'the decease of any person leaving property, letters of administra- tion to the lands, personal estate and effects of the deceased may be granted to the public administrator : Provided nevertheless that such letters of administration may at any time after the grant thereof be revoked in the dis- cretion of the judge upon the application of any executor applying for probate of will or next of kin of the deceased applying for letters of administration. C 0., c. 21, s. 16. 17. Each public administrator shall furnish security to the satisfaction of the Lieutenant Governor in Council in the penal sum of $2,000 conditioned for the due performance of 214 s. 18o (3) JUDICATURE Cap. 21 9 hib duties ; but shall not otherXvise be required to furnish secu- rity as administrator unless the judge specially so directs and such security may be furnished by bond or agreement of any guarantee company approved ^y the Lieutenant Governor in Council. [(2) Any person interested may by leave of the attorney Proceedings on general institute proceedings in his own name on the security fra"orsS" to_ be furnished hj public administrators as required hereby, without any assignment thereof, and in case a public adminis- trator is directed- by a judge to furnish security otherwise, any person interested may by leave of the Court or judge institute proceedings thereon without any assignment thereof.] 0.0. , c. 21, s. 17; 1899, c. 5, s. 1. 18. After the expiry of one month from the death of any May be required 1 • I . .1 ^ to apply for person leaving property any person interested m the estate letters of may by written notice require the public administrator (if he has not already done so) to apply for letters of administration and it shall then be the duty of the said public administrator tr, make such application provided the person making such requisition shall make such deposit with the public adminis- trator as a judge may deem sufficient to cover his costs, charges and exp.enses if the public administrator so desire. C. 0., c. 21, s. 18. [18a. Whenever a person dies, upon the filing of an affidavit w"here dtata with the clerk or deputy clerk of the judicial district withtin, ""''er$2oo which he had his last known place of abode, that as far as can be ascertained he has not left a will or testamentary disposi- tion and that his estate does not exceed in value the sum of two hundred dollars, the public administrator shall at the ex- piration of sixty days after the decease of such person or with- in that time if a judge so orders (unless some other person has applied for the grant to him of letters of administration oi( letters testamentary and such grant has been made) be the administrator of such estate to all intents and purposes as if letters of administration or letters testamentary, had formally issued to him and the formal grant of probate or administraV tion to him shall not be necessary. (2) In any case in which the public administrator shall be the administration of an estate under this section he shall, without any order for that purpose, advertise for claims once in a newspaper published weekly or semi-weekly at or nes>r thi. la,st place of residence of the deceased, and after the ex- piration of two months from the said advertisement he shall proceed to distribute the estate having regard only to the' claims of which he shall have had notice. (3) The remuneration of a public administrator acting here- under shall be fixed by the judge at a lump sum and shall, 21B 10 Gap. 21 JUDICATURE 8. 18a (3) subject to encumbrancec! on the estate, be a first charge thereon. (4) After such administration the public administrator shall file in the clerk's office an account thereof verified oh oath.] 1899, c. 5, s. 2. Yearly state- ment of emoluments 19. During the month of January in each year the public administrator shall furnish to the Lieutenant Governor in Council a statement in detail verified on oath of the emolu- ments of his office for the preceding year ending the 31st day of December. CO., c. 21, s. 19. PEAOTIOE AND PBOCEDUEE. procedure"'^ 20, The practicc and procedure in the Supreme Court of the Territories shall be regulated by this Ordinance and the rules of Court ; but the judges of the Supreme Court or a majonty f them shall have power to frame and promulgate such addi- tional rules of Court not inconsistent with this Ordinance as they may from time to time deem necessary or expedient. CO., c. 21, s. 20. Rules of Court 21. Subject to the provisions of this Ordinance and the rules of Court the practice and procedure existing in the Supreme Court of Judicature in England on the first day of January, 1898, shall as nearly as possible be followed in all causes, matters and proceedings. CO., c. 21, s. 21. ?ontinuld"'°' 22. The rules of Court already made and promulgated by the judges of the Supreme Court are hereby continued in force until repealed, altered or amended by them. 0. 0,, c. 21, s. 22. 21H JUDICATURE Gap. 21 RULES OF COURT. [The division of these rules into orders and headings is not to affect the interpretation thereof. \ PART I. General Practice and Procedure. OK DEE 1. FORM AND COMMENCEMENT 0¥ ACTION. 1. Every action except as otherwise provided shall be com- ^f°™'^™'=^"^"' menced by writ of summons in form A in the schedule hereto Y/hich writ shall be issued by the clerk upon receiving from the plaintiff or his advocate a pruRcipe therefor in which shall ^ra^djie be set forth — (o) The names of the parties to the action ; and (b) Their places of residence temporary or otherwise ; and (c) The residence of the plaintiff's advocate if such writ be issued by an advocate. CO., c. 21, r. 1. 2. At the time of the issue of the writ the plaintiff or his ad- of cS"' vocate shall leave with the clerk two copies of the plaintiff's statement of claim and of the relief or remedy to which he claims to be entitled; one of such copies shall be attached to such writ by the clerk and the other shall be filed by him in his office and a copy of such statement of claim shall be at)- tached to each copy of such writ required for service. CO., c. 21, r. 2. OEDEE II. WEIT OP SUMMONS. I.- — Generally. 3. Every writ of summons and also (unless otherwise pro- JJ^ '" >"= vided) every other writ shall bear the date of the day on which the same is issued. (2) When the defendant resides in the judicial district Ti^™e^f°^f^^. whence the writ of summons issued the writ shall be return- able after the expiration of twenty days from the service upon the defendant. 217 13 Cap. 21 JUDIOATtTBE r.3(3> May be shortened (3) When the defendant resides in a judicial district other than that in which the writ issued the writ shall be returnable- after the expiration of twenty-five days from the service- thereof : Provided that the judge may by order shorten the time for the return of such writ. CO., c. 21, r. 3. 11.^ — Concurrent Writ. Defendants residing: in different judicial districts 4. When in any action there are two or more defendants, one or more residing in the j udicial district whence the writ issues and the other or others residing in another judicial district, a concurrent writ may issue for service on the defendam or defendants residing in such other judicial district and such con- current writ shall be returnable after the expiration of twenty- five days from the service thereof : _ Provided that the judge may by order shorten the time for the return of such writ or may order that service of the original writ upon all the defendants shall in such case be sufficient. CO., c. 21, r. 4. Writ concurrent to original Concurrent \ for service ex juris 5. The plaintiff in any taction may at the time of or at any time within twelve months after the issuing of the original writ of summons issue one or more concurrent writ or writs each concurrent writ to show date of the original writ and be mark- ed with the word " concurrent " in the margin and the date of issuing the concurrent writ : • Provided always that such concurrent writ of writs shall only be in force for the period during which the original writ in such action shall be in force. ' (2) When after writ is issued it is made to appear that the defendant or one of several defendants is without the Terrj/- tories on application as is hereafter provided for service out of the jurisdiction the judge may order a concurrent writ to- issue. C.O., c. 21, r. 5. ni. — Renewal. Duration of writ Application for renewal 6. No original writ of summons shall be in force for more than twelve months from the date thereof including the day of such date ; but if any defendant therein named shall not have been served therewith the plaintiff may before the expiration of the twelve months apply to the judge for leave to renew the writ and the judge if satisfied that reasonable efforts have been made to serve such defendant or for other good reason may order that the original or concurrent writ of summons (or both) be renewed for six months from the date of such renewal in- clusive and so from time to time during the currency of th& renewed writ; and the writ shall in such case be renewed by being marked with the day, month and year of such rei- 218 '• 10. JUDICATURE Cap. 21 IB newal and shall be so marked by the clerk upon the plaintiff or his advocate filing the judge's order and presenting to him the said writ ; and a writ of summons so renewed shall remain in force and be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited and for all other purposes from the date of the issuing of the original writ of summons. CO., c. 21, r. 6. 7. The production of a writ of summons purporting to have Evidence of been renewed in manner aforesaid shall be sufficient evidence comricTme„,. of the writ having been so renewed and of the commencement °'^^'""" of the action as of the first date of such renewed writ for all purposes. CO., c. 21, r. 7. IV.—Lost Writ. 8. Where a writ of which the production is necessary has copy may been lost the judge upon being satisfied of the loss and of the *" "^'''"^ correctness of a copy thereof may order that such copy shall be sealed and used in lieu of the original writ. 0.0. c. 21, r. 8. V. — Indorsement by Advocate. 9. The advocate of a plaintiff suing by an advocate shall in- indorsement dorse on the writ the address of the plaintiff and also his ownadvocate^ name or firm and place of business and also, if his place of business shall be more than three miles from the clerk's office whence the writ issues, another proper place within such three miles to be called his " address for service," where statements of defence, notices, summonses, orders and other documents, proceedings and written communications in the suit may be left for him; and when a plaintiff sues in person he shall in- Plaintiff suing dorse on the writ his occupation and place of residence and if '" ^"^"^ his residence be more than three miles from the clerk's office as aforesaid another proper place within such three miles to be called his "address for service," where statements of defence, notices, summonses, orders and other documents, pro- ceedings and written communications in the suit may be left for him. In case of the omission to supply an address forservicr "' service as aforesaid all papers requiring service may be post- ed in the clerk's office and in such case be deemed good seiv supply vice. CO., c. 21, r. 9. 10. Every advocate whose name is signed to or indorsed on "y'^^dvocate any writ of summons shall on demand in writing made by or )fi°f^ on behalf of any defendant who has been served therewith or has appeared thereto declare forthwith whether such writ has been issued by him or with his authority or privity and on declaration by such advocate that the writ was not issued by him nr with his authoritv or privity all proceedings upon the 219 mission to name- dorsed 14 Cap. 21 JUDICATIJRE r.lQ Notice of ■change of advocate same shall be stayed and no further proceedings shall be taken thereupon without leave of thejudge. CO., c. 21, r. 10. VI.- — Change of Advocate. 11. A party suing or defending by an advocate may change his advocate in any cause or matter without an order for that purpose upon notice of such change being filed in the clerk's office in which the cause or matter is proceeding; but until such notice is filed and a copy thereof served the former advo- cate shall be considered the advocate of the party until the final conclusion of the cause or matter. CO., c. 21, r. 11. of"dvoc"ate' 12- Where a party after having sued or appeared in person fn'^er^n'""''''"^^^^ glvBu uotico iu Writing to the opposite party or his advo- cate through an advocate that such advocate is authorized tr act in the cause or matter on his behalf all writs, notices, pleadings, summonses, orders, warrants and other documents, proceedings and written communications which ought to be delivered to or served upon the party on whose behalf the notice is given shall thereafter be delivered to or served upon such advocate. CO., c. 21, r. 12. OEDER in. SERVICE OF WRIT OP SUMMONS. I. — Generally. Service by ■whom Fees Manner ot service Personal On representa- tive of absent defendant Corporation 13. Service of a writ of summons may be made by the sheriff, his deputy or bailiff or by any literate person other than a plaintiff but except by order of a judge no fees for service shall in such latter case be allowed. CO., c. 21, r. 13. 14. Service of writ of summons shall be effected by copy as follows : 1. By personal service anywhere in the Territories; 2. In case any defendant is out of the Territories but has an agent, managing clerk or other representative resident and carrying on his business within the same service of the writ of summons may be made on such agent, managing clerk or other representative; 3. Every writ of summons issued against a corporation and all other proceedings in an action against a corporation may be served on the president or other head officer or on the cashier, manager, treasurer, secretary, clerk, agent or other 220 r. 16 JUDICATURE Cap. 21 15 representative by whatsoever name or title he be known of such corporation or of any branch or agency thereof in the Territories ; and every person who within the said Territories transacts or carries on any business of or for any corporation whose chief place of business is without the said Territories shall for the purpose of being served with a writ of summons or any other proceedings as aforesaid in an action against or at the suit of such corporation be deemed the agent thereof ; 4. Where persons are sued as partners in the name ot their Partnerships, firm the va'it shall be served either upon any one or more of the partners or at the principal place within the Territories of the business of the partnership upon any person having at the time of service the control or management of the partnership business there and such service shall be deemed good service upon the firm.; 5. Where one person carrying on business in the name of a Defendant ^ , -^ o carrying on firm apparently consisting of more than one person shall be business under sued in the firm name the writ may be served at the principal place within the Territories of the business so carried on upon any person having at the time of service the control or man- agement of the business there, and such service if sufficient in other respects shall be deemed good service on the person so sued whether any of the members thereof are out of the juris- diction or not and no leave to issue a writ against them shall be necessary; 6. Service of a writ of summons in an action to recover Recovery pTi- • p ' ^ • L °^ land possession oi land may, in case of vacant possession, when it cannot be otherwise effected, by leave of the judge be made by ^^^^^l^^^ posting a copy of the writ and statement : of claim upon the door of the dwelling house or other conspicuous part of the premises : 7. When husband and wife are both def enSants to the action "j'Jl''^"^ ^'"^ they shall both be served unless the judge shall otherwise order; 8. When an infant is a defendant to the action service on infant , _ dctendant his father or guardian or if none then upon the person with whom the infant resides or under whose care he is shall unless the judge otherwise orders be deemed good service on the infant : Provided that the judge may order that service made or to be made on the infant shall be deemed good service ; 9. When a lunatic or person of unsound mind is a defendant Lunatic to the action service may be made as the judge may order. C.O., c. 21, r. 14. II. — Substitutional Service. 15. In any case if it be made to appear to a judge that the fj'^^f'4'"''°"^'- plaintiff is from any cause unable to efi'ect prompt personal ser- 221 :L6 Cap. 21 JUDICATURE r. 16- Original writ served instead ■oi copy jlndorsement of service -unnecesBary vice the judge may make sucli order for substituted or other service by advertisement or otherwise as may be just. CO., c. 21, r. 16. 16. In any case if it be made to appear to a judge that the original writ has been served upon the defendant instead of a copy he may order that such service be good service and may in such order ditipense with the production of such original. CO., c. 21, r. 16. III. — Indorsement of Service Unnecessary. 17. It shall not be necessary for the person serving a writ of summons to indorse on the writ the day of the week and month of such service but the writ and statement of claim shall each be marked as an exhibit to the affidavit of service by the per- son administering the oath. CO., c. 21, r. 17. ORDER IV. SERVICE OUT OF THE JURISDICTION. furi]^dict°o"n °* ^^- Service of a writ of summons on a defendant out of the when allowed Territories may be allowed by a judge whenever — 1. The whole subject matter of the action is land situa,te within the judicial district in which the action is to be brought (with or without rents or profits) ; or 2. Any act, deed, will, contract, obligation or liability affecting land or hereditaments situate within the judicial dis- trict the action is to be commenced in is sought to be construed, rectified, set aside or enforced in the action ; or 3. Any relief is sought against any person domiciled or ordi- narily resident within the jurisdiction; or 4. The action is for the administration of the estate of any deceased person who at the time of his death was domiciled within the judicial district or for the execution (as to property the whole or some part of which is within suck district) of the trusts of any written instrument of which the person to be served is a trustee which ought to be executed according to the laws of the Territories ; or 5. The action is for the recovery of any debt contracted within the jurisdiction or is founded on any breach or alleged hreach within the jurisdiction of any contract wherever made which according to the terms thereof ought to be performed within such jurisdiction or is founded on a tort committed within the jurisdiction; or 222. r. 22 JUDioATUBE Cap. 21 17 6. An injunction is sought as to anything to be done with- in the jurisdiction or any nuisance within the jurisdiction is sought to be prevented or removed whether damages are or are not also sought in respect thereof ; or 7. Any person out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within the jurisdiction ; or 8. The action is upon a foreign judgment and it is proved to the satisfaction of a judge that the defendant has assets within the North-West Territories ; or 19. The action is for any other matter and it appears to the satisfaction of the judge that the plaintiff has good cause of action against the defendant upon a contract or judgment and that the defendant has assets in the Territories of the value of $200 at least which may be rendered liable for the satisfaction of the judgment in case the plaintiff should recover judgment in the action; But in such case if the defendant does not appear the Court or a judge shall give directions from time to time as to the manner and conditions of proceeding in the action and shall require the plaintiff before obtaining judgment to prove his claim before a judge or jury or in such • manner as may seam proper.] CO., c. 21, r. 18 ; 1901, c. 10, s. 2. 19. Every application for leave to serve such writ of sum- Application ■^ J- ■*- , , for leave mons on a defendant out of the jurisdiction shall be before writ issued except as hereinbefore provided for and supported by affidavit stating that in the belief of the deponent the plain- tiff has a good cause of action and showing in what place or country the defendant is or probably may be found and the grounds on which the application is made but no such leave shall be granted unless it shall be made sufficiently to appear to the judge that the case is a proper one for service out of the Territories aforesaid. CO., c. 21, r. 19. 20. Any order giving leave to effect such service shall limit Time for wi^^OT appoint tereSted in the matter in question has no legal personal repre- representative gej^tative the Court OT judge may proceed in the absence of any person representing the estate of the deceased person or may appoint some person to represent his estate for all the purposes of the cause, matter or other proceeding on such notice to such person (if any) as the Court or judge shall think fit either specially or generally by public advertisement and the order so made and any order consequent thereon shall bind the estate of the deceased person in the same manner in every respect as if a duly constituted legal personal representative of the deceased had been a party to the cause, matter or proceeding. CO., c. 21. r. 57. Administration 5g_ jn auy cause> or matter for the administration of the estate of a deceased person no party other than the executor or administrator shall unless by leave of the Court or a judge be dfambersln^' entitled to appear either in Court or in chambers on the claim respect of of anY person not a party to the cause or matter against the creditors claims ' o ■, -, , • i. ii Ti-Tj. estate of the deceased person m respect of anv debt or liability. The Court or a judge may direct or give libertv to any other party to the cause or matter to appear either in addition to or in the place of the executor or administrator upon such terms 230 r. 61 JUDICATURE Cap. 21 25 as to costs or otherwise as they or he shall think fit. CO., c. 21, r. B8. IV. — Constitutional Questions. B9. Whenever in any cause, matter or proceeding deptiuding ^"'^d'?" oiv. in the Supreme Court any question is raised as to the validity ii?&™'''i'ty °f ,-^ . in a writ of sum- mons in an action for the recovery of the possession of land, may by leave of the judge appear and defend on filing an affidavit showing that he is in possession of the land either by himself or by his tenant. CO., c. 21, r. 83. Landlord to appear as such 84. Any person appearing to defend an action for the recov- ery of the possession of land as landlord in respect of property whereof he is in possession only by his tenant shall state in his appearance that he appears as landlord. CO., c. 21, r. 84. Party obtaininj leave to defend subsequent proceedings 85. Where a person not named as defendant in any writ of summons for the recovery of the possession of land has obtain- ed leave of the judge to appear and defend he shall comply with the provisions of this order in respect of defendants ap- pearing and defending and in all subsequent proceedings be named as a party defendant. CO., c. 21, r. 85. Defence may 86. A uy pprson appearing to a writ of summons for the re- pLt of property covery of the possession of lard shall be at liberty to limit his defence to a part only of the property mentioned in the writ describing that part with reasonable certainty in his appear- ance and an appearance where the defence is not limited as above mentioned shall be deemed an appearance to defend for the whole. CO., c. 21, r. 86. 236 r 91 JUDICATURE Cap. 21 31 87. A defendant before appearing shall be at liberty to f;pp|;'i5f^,|i" apply to a judge to set aside the service of the writ upon him, °'' ^^"'" discharge or set aside Ihe order authorizing such sefvice on: to set aside the writ on the ground of irregularity or other- wise. CO., c. 21, r. 87. appearance by lerson- mind ORDEE IX. DEFAULT OF APPEAEANCE. 88. Where no appearance has been entered to a writ of °^^''"''°L J- ^ appearance summons for a defendant who is an infant or a person of '"/^"' ""^ ?' -T or unsound unsound mmd not so found by inquisition the plaintiff shall before further proceeding with the action against the de- fendant apply to the Court or a judge for an order that some proper person be assigned guardian of such defendant by whom he may appear and defend the action; but no such order shall be made unless it appears on the hearing of such application that the writ of summons was duly sterved and that notice of such application was after the expiration of the time allowed for appearance and at least six clear days before the day in such notice named for hearing the application served upon or left at the dwelling house of the person with whom or under whose care such defendant was at the time of serving such writ of summons and also (in the case of such defendant being an infant not residing with or under the cane of his father or guardian) served upon or left at the dwelling house of the father or guardian if any of such infant unless the Court or judge at the time of hearing such application shall dispense with such last mentioned service. CO., c. 21, r. 88. 89. When any defendant fails to appear to a writ of sum- ^da^"/of mons and the plaintiff is desirous of proceeding upon default ^|"'Sed '° of appearance he shall before taking such proceeding upon default file the writ (or an order dispensing with such filing) with an affidavit of service or of compliance with any order for substitutional service as the case may be. CO., c. 21, r. 89. 90. Where the plaintiff's claim is for a debt or liquidated cuim liquidated: demand only and the defendant fails or all the defendants if more than one fail to appear thereto the plaintiff may after the time limited for appearance has elapsed enter final judg- ment for any .-um i^ot exceeding the sum claimed in the action together with legal interest and costs of suit. CO., c. 21, r. 90. 91. Where the plaintiff's claim is for a liquidated demand LiquWated and there are several defendants of whom one or more appear ^^^^^^^ and another or others of them fails to appear the plaintiff may drf=ndants. ;j 237 32 Cap. 21 JUDICATURE r. 91 enter final judgment as in the preceding section against such as have not appeared and may issue execution upon such judgment without prejudice to his right to proceed with the! action against such as have appeared. CO., c. 21, r. 91. 'Claim, detinue and daniag:eB 92. Where the plaintiff's claim is for detention of goods and pecuniary damages or either of them and the defendant fails Nonappearance gp all thc defendants if more than one fail to appear on appli- cation of the plaintiff the judge may assess the value or amount of damages or either of them or order that they shall be ascertained in any way he may direct and judgment shall be entered thereupon with costs of suit. CO., c. 21, r. 92. ■Striking: out appearing: •defendants 93. Where in an action for detention of goods and pecuniary damages or either of them there is more than one defendant and one or more of such defendants have appeared while one or other of the defendants have not the judge on applicatioii of the plaintiff may order the striking out of any one or mora of the defendants who has or have appeared on payment of costs or otherwise as may be considered just and allow the plaintiff to proceed with his action against the defendant or defendants who has or have not appeared. CO. c. 21, r. 93. Interlocutory judgment against nonappearing: defendants 94. Where the plaintiff's claim is for detention of goods and pecuniary damages or either of them and there are several defendants of whom one or more appear to the writ and another or others of them fail to appear the plaintiff may sign interlocutory judgment against the defendant or defenaanls so failing to appear and on application of the plaintiff the valu^ of the goorf • and the damages or either of them as the case may be shall be assessed as against the defendant or defend- ants failing to appear at the same time as the trial of the action or issue therein against the other defendant or defend- ants unless the judge shall otherwise direct. CO., c. 21, r. 94. Claim, detinue and liquidated demand 95. When the plaintiff's claim is for detention of good's 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 defendant or defendants failing to appear and proceed as mentioned in such of the rules of this order as may be applicable. CO., c. 21, r. 96. Claim Recovery of land 96. In case no appearance shall be entered in an action for the recovery of land within the time limited for appearance or if an appearance be entered but the defence be limited to part only the plaintiff shall be at liberty to enter a judgment that the person whose title is asserted in the writ shall recover possession of the land or of the part thereof to which the 238 r. 102 JUDICATURE Cap. 21 33 defence does not apply with or without costs as the judge may- order. CO., 0. 21, r. 96. 97. When the plaintiff's statement of claim is for mesne pro- pS.T/nT^ fits, arrears of rent or damages for breach of contract and alsQ °;;^^^^^^J^'y for the recovery of land he may enter judgment as in thel''^'^'"'^ last preceding rule mentioned for the land and may proceed as in the other preceding rules mentioned as to such other claim. CO., c. 21, r. 97. 98. Where the action is in respect of a mortgage, lien oi* °o^j™^/°^f; •charge and the plaintiff claims foreclosure or sale or redemp- admJ^fs'tr''ation 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 evidence as the judge may order. CO., c. 21, r. 98. 99. 1 n any other action upon default of appearance by one ^"he^r'^^Son" ■or more defendants the plaintiff may apply ex parte to a judge for an order for judgment and the judge shall order such judg- ment to be entered as the plaintiff appears entitled to with or without evidence of the truth of the statement of claim (which may be given viva voce or by affidavit) in the discretion of the judge: ^ p?rovided that no final judgment of nullity of marriage shall be entered (whether or not there is default of appearance or defence) until the Court or judge is satisfied by evidence! of the truth and sufficiency of the facts on which the claim for such judgment is founded.] CO., c. 21, r. 99; 1901, c. 10, s. 3. 100. Any judgment entered upon default of appearance or ?fj'^'^f„^^^y^ in delivering any pleading or in compliance with any order '''=f'"'" may be set aside or varied by the Court or judge upon such terms as may be just. CO., c. 21, r. 100. 101. Where in an action there are several defendants of where several whom one or more have been served and another or others of ^°J^^j"°' them have not the Court or judge may order the striking 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. CO., c. 21, r. 101. 102. Any order made by the judge under any of the rules of ^f^^,f-^f^ this order and any judgment entered pursuant to such orders ?jder^°_^^^^ 'jnay be set aside or varied by the judge or the Court upon such terms as may be just. CO., c. 21, r. 102. 239 34 Cap. 21 JUDICATUEB ORDER X. r. 103 STRIKING OUT APPEARANCE pi^StosWke 103. Where the action is brought to recover a debt or a liqui- wh'ere cISS""^ dated demand and the defendant or one of more of the defend- liquidated ants if there are several defendants has or have appeared thle plaintiff or one of the plaintiffs if more than one may on affidavit of himself or of any other person who can swear positively to the facts verifying the cause of action and the amount claimed and stating that in his belief there is no defence to the action apply to the judge for leave to enter final judgment for the amount of the claim or the amount so verified as duo tlio plaintiff together with interest (if any) and costs; and the judge may thereupon 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 maj' be deemed sufficient to entitle him to defend make an order empowering the plaintiff to enter judgment accordingly. (2) If on the hearing of the application under this rule it shall appear that a cause or causes of action other than for a debt or a liquidated demand have been joined therewith the judge may if he shall think fit forthwith amend the statement of claim by striking out such other cause or causes of action or may deal with such claims for debts or liquidated demands as if no finer claim had been joined in the action and allow the action to proceed as respects the cause or causes of action other than for such debt or liquidated demand. CO., c. 21, r. 103. Summons 104. The application by the plaintiff under the last preced- service lug rufe Shall bo by summons. A copy of the summons and Affidavits copies of affidavits and exhibits referred to therein (unless ser- vice of copies of such exhibits be dispensed with by the judge) shall be served at least four clear days before the summons is returnable. CO., c. 21, r. 104. Judgment unless detence shown Unliquidated demand included Defendant may show cause Cross examination 105. The defendant may show cause against such application by affidavit of himself or some one who can swear positively to the facts or by offering to bring into Court the- amount claimed in the action. If by af&davit such af&davit shall state whether the defence alleged goes to the whole or to part only and if so what part of the plaintiff's claim; and the judge may if he thinks fit order the defendant or whoever makes the affidavit on his behalf or in the case of a corporation any officer thereof to attend and be examined on oath and to pro- duce any letters, books or documents or copies of or extracts therefrom. CO., c. 21, r. 105. Defendant 106. If it appoars that the defence set up by the defendant iiiSng"omeH appHcs ouly to a part of the plaintiff's claim or that any part 240 r- IJ-O JUDICATURE Cap. 21 35 of the claim is admitted the plaintiff may have judgment forth- ^pp'"':''''"'' ^■' with 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 Qie defend- ant may be allowed to defend as to the residue of the plaintiff's claim. CO., c. .21, r. 106. 107. If it appears to the judge that any defendant has a good 0"<^ defendant defence or ought to be permitted to defend the action and that ied\o deS"' any other defendant has not such defence and ought not to be aglinst^oThe"' 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. CO., c. 21, r. 107. 108. Leave to defend may be given unconditionally or sub- leave'tJTdef, ject to such terms as to giving security or time and mode of ^^^^ ° ' ' trial or otherwise as the judge may think fit. CO., c. 21, r. lUo. defend OEDEE XI. PLEADING GENERALLY. 109. Every pleading shall contain and contain only a state- Pleading to ment in a summary form of the material facts on which the nof evSince" ''' party relies for his claim or defence as the case may be but not the evidence by which they are to be proved and shall when necessary be divided into paragraphs numbered con- Paragraphing secutively. Dates, sums, and numbers shall be expressed in b^^^^er'" figures and not in words. CO., c. 21, r. 109. 110. A defendant in an action may set off or set up by wayset-oflfand p 1 ' • 11 T • t* n t • , • tv — Ti counterclaim ot counterclaim against the claims of the plaintiff any right or claim whether such set-off or counterclaim sound in dam- ages or not and such set-off or counterclaim shall have the same effect as a cross action so as to enable the judge to pro-, nounce a final judgment in the same action both on the original and cross claim; but' the judge may on application of the striking out plaintiff before trial if in his opinion such set-off or counter- claim cannot be conveniently disposed of in the pending action or ought not to. bo allowed refuse permission to the defendant to a /ail himself thereof : and if in any case in. which the defend- ^':°;^^i'"e^ , -, , -, ,. p .^ -, . , pfl w*^" after claim ant sets up a counterclaim the action oi the plaintiff is stayed, di.posed of discontinued or dismissed the counterclaim may nevertheless be proceeded with. CO., c. 21, r. 110. 241 38 Cap. 21 JUDICATURE r. Ill Reply to counterclaim 111. Where a counterclaim is pleaded a reply thereto shall be subject to the rules applicable to statements of defence. CO., c. 21, r. 111. Further particulars 112. A further and better statement of the nature _ of the claim or defence (or written proceeding requiring particulars) may in all cases be ordered upon such terms as may be just; but the order therefor shall not per se operate as a stay of proceedings or give any extension of time. CO., c. 21, r. 112. Not guilty by statute 113. 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 other defence to the same cause of action without the leave of the judge and every plea of not guilty by statute shall have the same effect as a plea of not guilty by statute has heretofore had. CO., c. 21, r. 113. Allegations not denied admitted 114. Every allegation of fact in any pleading not being a petition or summons if not denied speciiically or by necessary implication or stated to be not admitted in the pleading of the opposing party shall be taken to be admitted except as against an infant, lunatic or person of unsound mind not so found judicially. CO., c. 21, r. 114. Conditions precedent 115. Any condition precedent the performance or occurrence of which is intended to be contested shall be distinctly specified in his pleading by the plaintiff or defendant as the case may be; and subject thereto an averment of the performance or occur- rence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his pleadings. CO., c. 2], r. 115. All grounds of defence or answer to be raised 116. The defendant or plaintiff as the case may be must raise by his pleadings all matters which show the action or counter- claim not to be maintainable or that the transaction is eithei* void or voidable in point of law and all such grounds of de- fence or reply as the case may be as if not raised would be likely to take the opposite party by surprise or would raise issues of fact not arising out of the preceding pleadings. G.U., c. 21, r. 116. Departure 117. No pleading not being a petition or summons shall ex- cept 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. CO., c. 21, r. 117. X)enlals_ must be specific 118. 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 his reply to deny generally the grounds alleged in a defence by way of 242 r. 124 JUDICATURE Cap. 21 37 countercliam but each party must deal specifically with each allegation of fact of which he does not admit the truth except Damage damages. CO., c. 21, r. 118. 119. When a party in a pleading denies an allegation of fact Pleadings must in the previous pleading of the opposite party he must not dc| subrtance and° so evasively but answer the point of substance. Thus if it jg """'^ '=^^'^* alleged that he received a certain sum of money it shall not b^ sufficient to deny that he received that particular amount but he must deny that he received that sum or any part thereof or else set out how much he received. And if an allegation be made with divers circumstances it shall not be sufficient, to deny it along with those circumstances. CO., c. 21, r. 119. 120. When a contract, promise or agreement is alleged in Denial of any pleading a bare denial of the same by the opposite party, shall be construed only as a denial of fact of the express con- tract, promise or agreement alleged or of the matters of fact from which the same may be implied by law and not as a', denial of the legality or sufficiency in law of such contract, promise or agreement whether with reference to the Statute of Frauds otherwise. CO., c. 21, r. 120. 121. Whenever the contents of any documents are material Effect ot it shall be sufficient in any pleaching to state the effect thereof be alleged as briefly, as possible without setting out the whole or any part thereof unless the precise words of the documents or any part thereof are material. CO., c. 21, r. 121. 122. Whenever it is material to allege malice, fraudulent Allegation of intention, knowledge or other condition of the mind of any knowledge, etc. 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. CO., c. 21, r. 122. 123. Whenever it is material to allege notice to any person Allegation that .iTTirv-jin 1 person had of any fact, matter or thing it shall be sufficient to allege such notice notice as a fact unless the form or the precise terms of such notice or the circumstances from which such notice is to be inferred be material. CO., c. 21, r. 123. 124. Whenever any contract or any relation between any contract or^^.^^ persons is to be implied from a series of letters or conversations from letters, etc. or otherwise from a number of circumstances it shall be suffi- cient to allege such contract or relation as a fact and to refer generally to such letters, conversations or circumstances with- out setting them out in detail ; and if in such case the person so pleading desires to rely in the alternative upon more con- Alternatives . tracts or relations than one as to be implied from such cir- cumstances he may state the same in the alternative. CO., c. 21, r. 124. 243 38 Presumptions of law Want of form Unnecessary, scandalous or embarrassing matter Cap. 21 JUDIOATUEB 126 Loss of negotiable instrument Pleadings written or printed 125. Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side unless the same has first been specifically denied. CO., c. 21, r. 125. 126. No technical objection shall be raised to any pleading on the ground of any alleged want of form. C. 0., c. 21, r. 126. 127. The judge may at any stage of the proceedings order to be struck out or amended any matter in any statement^ or pleading which may be unnecessary or scandalous or which may tend to prejudice, embarrass or delay the fair trial of the action with or without costs to be paid by the party So offend- ing. CO., c. 21, r. 127. 128. In case of any action founded upon a bill of exchange or other negotiable instrument the judge may order that the loss of such instrument shall not be set up provided such iri- demnity as he approves of is given against the claims of any other person upon such negotiable instrument. CO., c. 21, r. 128. 129. Every statement or pleading may be either printed or written or partly written and partly printed. C 0., c. 21, r. 129. OEDER XII. PAYMENT INTO AND OUT OF COURT AND TENDER. 130. Where any action is brought to recover a debt or dam- Payment into Court — satisfaction ages any defendant may before or at the time of delivering his (2) with defence S^ . •' , n , , ■ i -, „ , -, ' ^ . ■, denying liability dcience or at ally later time by leave of the Court or a judge pay into Court a sum of money by way of satisfaction which shall be taken to admit the claim or cause of action in respect of which the payment is made ; or he may with a defence deny- ing liability (except in actions or counterclaims for libel or slander) pay money into Court which shall be subject to the provisions of rule 136 hereof. CO., c. 21, r. 130. pa^ymeTtin^^^ 131. 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. CO., c. 21, r. 131. Tender before ]^32, With & dofeuce Setting up a tender before action the action cj X sum of money alleged to have been tendered must be brought into Court. O.O., c. 21, r. 132. Payment betore 133. If the c! ^fendant pays money into Court before deliver- iJInll notice ing hls dofence he shall serve upon the plaintiff a notice specify- to be served "^ nAA r. 135 (b) JUDICATURE Cap. 21 39 ing both the fact that he has paid in such money and also the claim or cause of action in respect of which such payment has been made ; and such notice shall be in the following form : "Take notice that the defendant has paid into Court $ and says that that sum is enough to satisfy the plain- tiff's claim {or the plaintiff's claim for &c.)" CO., c 21 r 133. 134. In the following cases of payment into Court under this Payment out section, viz. : "^^^^ (a) When payment into Court is made before delivery of defence ; (b) When the liability of the defendant in respect of the claim or cause of action in satisfaction of which the payment into Court is made is not denied in the defence ; (c) When payment into Court is made with a defence setting up a tender of the sum paid ; the money paid into Court shall be paid out to the plaintiff on his request or to his advocate on the plaintiff's written author- ity unless the Court or a judge shall otherwise order. CO., c. 21, r. 134. 135. When the liability of the defendant in respect of the Z^J^^^^'^^- claim or cause of action in satisfaction of which the payment anc" oi's^um ^'' into Court has been made is denied in the defence the follow- p=^''''" ing rules shall apply : (a) The plaintiff may accept in satisfaction of the claim or cause of action in respect of which the payment into Court has been made the sum so paid in in which case he shall be entitled to have the money paid out to him as hereinafter provided notwithstanding the defend- ant's denial of liability whereupon all further pro- ceedings in respect of such claim or cause of action except as to costs shall be stayed ; or the plaintiff may refuse to accept the money in satisfaction and reply "accordingly in which case the money shall remain in Court subject to the provisions hereinafter mentioned ; (b) If the plaintiff accepts the money so paid in he shall after service of such notice in the form following, viz. : "Take notice that the plaintiff accepts the sum of $ paid by you into Court in satisifaction of the claim in respect of which it is paid in," or after delivery of a reply accepting the money be entitled to have the money paid out to himself on re^ quest or to his advocate on the plaintiff's written 246 40 Cap. 21 JUDICATURE r. 135 (6) Payment in not accepted Proceeding with suit authority unless the Court or a judge shall otherwise order ; (c) If the plaintiff does not accept in satisfaction of the claim or cause of action in respect of which the pay- ment into Court has been made the sum so paid m 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 pro- ceeds 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 in shall be applied so far as is necessary in Satisfaction of the plaintiff's claim and the balance (if any) shall under such order be repaid to the defendant. If the defendant succeeds in respect of such claim or cause of action the whole amount shall under such order be repaid to him. CO., c. 21, r. 135. Payment in before defence Acceptance in satisractioa Notice thereof Costs 136. The plaintiff when payment into Court is made before delivery of defence may within four days after the receipt of notice of such payment or when such payment is first signified in a defence may before reply accept in satisfaction of the claim or cause of action in respect of which such payment has been made the sum so paid in in which case he shall give notice to the defendant in the form last mentioned and shall be at lib- erty in case the entire claim or cause of action is thereby satisfied to tax his costs after the expiration of four days from the service of such notice unless the Court or a judge stall otherwise order and in case of nonpayment of the costs within forty-eight hours after such taxation to sign judgment for hia costs so taxed. CO., c. 21, r. 136. Consolidated actions Counterclaim 137. Where money is paid into Court in two or more actions which are consolidated and the plaintiff proceeds to trial in one and fails the money paid in and the costs in all the actions shall be dealt with under this order in the same manner as in the action tried. CO., c. 21, r. 137. 138. A plaintiff may in answer to a counterclaim 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. CO., c. 21, r. 138. Payment out 139. Afoney paid into Court under an order of the Court or a judge-shall not be paid out of Court except in pursuance of an order of the Court or judge : Provided that where before the delivery of defence money has been paid into Court by the defendant pursuant to an order 246 r. 144 JUDICATURE Cap 21 41 under the provisions of rule 105 hereof he may (unless the Court or a judge shall otherwise order) by his pleading appro- priate the whole or any part of such money and any additional payment if necessary to the whole or any specified portion of the plaintiff's claim; and the money so appropriated shall thereupon be deemed to be money paid into Court pursuant to the preceding rules of this order relating to money paid into Court and shall be subject in all respects thereto. CO.,' c. 21, r. 139. 140. In any cause or matter in which a sum of money has ?.<="°"= ""^e"- 1 J J J. 1 > disability been awarded to or recovered by an infant or person of un- Moneys sound mind not so found by inquisition the Court or a judge recovered by "^ 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 an account intituled in the cause or matter; and any sum so paid into; Court and any dividends or interest thereon shall be subject to such orders as may from time to time be made by the Court or a judge concerning the same and may either be invested or be paid out of Court or transferred to such persons to be held and applied upon and for such trusts and in such manner as the Court or a judge shall direct. CO., c. 21, c. 140. 141. Money paid into Court or securities purchased under Disposition of the provisions of the last preceding rule and the dividends or SSfer interest thereon shall be sold, transferred or paid out to the party entitled thereto pursuant to the order of the Court or a judge. CO., c. 21, r. 141. 142. Where a cause or matter is tried by a judge with a jury i'Xnre"o°f''^ no communication to the jury shall be made until after the payment into verdict is given either of the fact that money has been paid into Court or of the amount paid in. The jury shall be requir- ed to find the amount of the debt or damages as the case may be without reference to any payment into Court. CO., c. 21, r. 142. 143. Cash under the control of or subject to the order of the ^nvestaent Court may be invested in Dominion securities upon order of a court judge. C.O., c. 21, r. 143. 144. All moneys paid into Court shall so soon as. received by ll"J^^%^,^ a clerk or other proper official be deposited in one of the pharL -to court tered banks of Canada to be named by the judge the same to be placed to a special account and styled "special accuant;" each deposit to reap the benefit of such rate of interest as the; bank in which the deposit is made may agree to be paid to be from time to time added to the principal; and no moneys ordered to be paid out of Court shall be withdrawn from the bank in which the same are deposited unless the cheque for 247 42 Cap. 21 JUDICATURE r. 144 withdrawal of the same is countersigned or initialled by the judge. CO., c. 21, r. 144. Conversion of 145. NoticG of evcry application for the purpose of conver- appiication for sion of any securities shall be served upon such persons if any as the Court or judge may direct. CO., c. 21, r. 145. ORDEE XIII. Defence or reply to set-off or counterclaim arisen after action Ground ot defence or reply arisen after pleading Further answer may be served Confession of defence MATTERS ARISING PENDING THE ACTION. 146. Any ground of defence which hag arisen after action brought but before the defendant has delivered his statement of defence and before the time limited for his doing so has expired may be raised by the defendant in his statement of defence either alone or together with other grounds of defence; and if after a statement of defence has been delivered any ground of defence arises to any set-off or counterclaim alleged therein by the defendant it may be raised by the plaintiff in! his reply either alone or together with any other ground ofi reply. CO., c. 21, r. 146. 147. Where any ground of defence arises after the defendant 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 counterclaim arises after reply or after the time limited for delivering a reply has ex- pired the plaintiff may within eight days after such ground of defence has arisen or at any subsequent time by leave of the Court or judge deliver a further defence or further reply as the case may be setting forth the same. CO., c. 21, r. 147. 148. Whenever any defendant in his statement of defence or in any further statement of defence as mentioned in the last preceding rule alleges any ground of defence which has arisen after the commencement of the action the plaintiff may deliver a confession of such defence and may thereupon unless other- wise ordered by the judge have judgment for his costs up to the time such defence was pleaded. CO., c. 21, r. 148. Points of law raised by pleading Disposal of ORDER XTV. RAISING POINTS OF LAw" ETC. 149. Any party shall be entitled to raise by his pleading any point of law and any point so raised shall be disposed of by the judge who tries the caase at or after the trial provided thai by consent of the parties or by order of the judge on the applica- ' 248 r. 156 JUDICATURE Cap. 21 4b tion of either party the same maybe set down for hearing and diaposed of at any time before the trial. CO., c. 21, r. 149. 150. If in the opinion of the Court or judge the decision of J^J^f^^^?,^ - such point of law substantially disposes of the whole action ™=^d disposes or of any distinct cause of action, ground of defence, set-off, counterclaim or reply therein the Court or judge may there- upon dismiss the action or make such order therein as may be just. CO., c. 21, r. 160. 151. The Court or judge may order any pleading to be vJiTtlSu'. " 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 pleading action or defence being shown by the pleadines to be f rivo- '*''*'='°^'"^ "? 1 ± • _LT <^ t . cause of action lous or vexatious the Court or judge may order the action to°'' answer be stayed or dismissed or judgment to be entered accordingly as may be just. CO., c. 21, r. 151. 152. No action or proceeding shall be open to objection on °d'''^[;'',J°.''^ the ground that a merely declaratory judgment or order is sought thereby and the Court or judge may make binding declarations of right whether any consequential relief is or •could be claimed or not. CO., c. 21, r. 152. ORDER XV. REPLY OR CLOSE OF PLEADINGS. 153. A plaintiff shall deliver his reply if any within eight t™= f°' '■'=?'>' days after the defence or the last of the defences shall have been delivered unless the time shall be extended by the Court or judge. CO., c. 21, r. 153. 154. No pleading subsequent to reply other than a joinder fj^^^qulnt of issue shall be pleaded without leave of the Court or a judge '"'■"p'y and then shall be pleaded only upon such terms' as the Court or judge shall think fit. CO., c. 21, r. 154. 155. Subject to the last preceding rule every pleading sub- Time for sequent to reply shall be delivered within eight days after the delivery of the previous pleading unless the time shall be ex- tended by the Court or by a judge. CO., c. 21, r. 155. 156. If the plaintiff does not deliver a reply or any party D«fauit_!n does not deliver any subsequent pleading within the period ^^b^|3^uent 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 249 u Cap. 21 JUDIOATUEB r- 156 deemed to have been denied and put in issue. CO., c. 21, r. 156. Close of pleadings 157. As soon as any party has joined issue upon the pre- ceding pleading of the opposite party simply without adding any further or other pleading thereto or has made default as mentioned in the preceding rule the pleadings between such parties shall be deemed to be closed. C. 0., c. 21, r. 157. OEDEK XVI. DEFAULT OF PLEADING. Claim for debt 158. If the plaintiff's claim be only for a debt or liquidated demand and the defendant does not within the time allowed for that purpose deliver a defence the plaintiff may at the es- piration of such time enter final judgment for the amount claimed with costs. CO., c. 21, r. 158. Default ot one or more defendants 159. When in any such action as in the last preceding rule mentioned there are several defendants if one of them make default as mentioned in the last preceding rule the plaintiff may enter final judgment against the defendant so making de- fault and issue execution upon such judgment without pre- judice to his right to proceed with his action against the other defendants. CO., c. 21, r. 159. a!ddamag« ^^^- ^^ ^^^ plalutiff's claim be for detention of goods and pecuniary damages or either of them and the defendant or aU the defendants if more than one make default in delivering a defence within the time allowed for that purpose the judge may on application of the plaintiff assess the value of the goods and amount of the damage or either of them as the case may be or order that they shall be ascertained in any way he may direct and judgment shall be entered thereupon with costs of suit. CO., c. 21, r. 160. Default of one or more defendants 161. When in any such action as in the preceding rule men- tioned there are several defendants if one or more of them make default as in that rule defined the plaintiff may enter an inter- locutory judgment against the defendant or defendants so mak- ing default and proceed with his action against the others and In such case the value and amount of damages against the de- fendant making default shall be assessed at the same time with the trial of the action or issues therein against the other defen- dants unless the Court or a judge shall otherwise direct. CO., c. 21, r. 161. 250 r. 166 JUDICATURE Cap. 21 162. If the plaintiff's claim be for a debt or liquidated! de^rndTid"""* demand and also for detention of goods and pecuniary damages ^^^"'"^'1, or pecuniary damages only and any defendant make default in delivering his defence as aforesaid the plaintiff may enter final judgment for the debt or liquidated demand and also enter in- terlocutory judgment for the value of the goods and the dam- ages or the damages only as the case may be and proceed as mentioned in the last two preceding rules. CO., c. 21, r. 162. 163. In an action for the recovery of land if the defendant Snd'^°'^^ ° makes default in delivering a defence as aforesaid the plaintiff may enter a judgment that the person whose title is asserted in the writ of summons shall recover possession of the land with his costs. CO., c 21, r. 163. for tnesne- arrears 164. Where the plaintiff's claim is for -viesne profits, arrears ^'If^J of rent or double value in respect of the premises claimed or 9^ «"'""• ^ ^ damages any part of them or damages for breach of contract or wrong or injury to the premises claimed in an action for the recovery of land if the defendant makes default in delivering a defence as aforesaid or if there be more than one defendant some or one of the defendants make such default the plaintiff may en- ter judgment against the defaulting defendant or defendants and proceed as provided for in rules 160 and 161 hereof. CO., c. 21, r. 164. 165. If the plaintiff's claim be for a debt or liquidated de- iy,^=c". mand, the detention of goods and pecuniary damages or for f^^,^^fii^^, any such matters or for the recovery of land and the defend- ""ly ant delivers a defence which purports to offer an answer to a part only of the plaintiff's alleged cause of action the plaintiff may by leave of the Court or a judge enter judgment final or interlocutory as the case may be for the part unanswered proi- vided that the unanswered part consists of a separate cause of action or is severable from the rest as in the case of part of a debt or liquidated demand ; provided also that where there is a counterclaim execution on any judgment as above men- tioned in respect to the plaintiff's claim shall not be issued without leave of the Court or a judge. CO., c. 21, r. 165. 166. In all other actions than those in the preceding rules othe^]-tio„s, of this Order mentioned if the defendant makes default in default delivering a defence the opposite party may apply to the Court or a judge for such judgment if any as upon the plead- ' ings he may appear to be entitled to; and the Court or judge may order judgment to be entered accordingly or make such other order as may be necessary to do complete justice bet tween the parties. C.O., c 21, r. 166. 251 46 Cap. 21 JUDICATURE r. 167 SonTdr! l^'^- Where in any such action as mentioned in the lasts fendant preceding rule there are several defendants then if one of such defendants make such default as aforesaid the plaintiff may either (if the cause of action is severable) set down the action at once on motion for judgment against the defendant so mak- ing default or may set it down against him at the time when- it is entered for trial or set down on motion for judgment against the other defendants. CO., c. 21, r. 167. Default by parties other than plaintiff or defendant 168. In any case in which issues arise in an action other than between plaintiff and defendant if any party to any such issue makes default in delivering any pleading the opposite party may apply to the Court or a judge for such judgment if any as upon the pleadings he may appear to be entitled to ; dnd the Court or judge may order judgment to be entered ac- cordingly or may make such other order as may be necessary to do complete justice between the parties. CO., c. 21, r. 168. ORDER XVII. SETTING DOWN FOR TRIAL. A.pplication to set down Dismissal for want of prosecution Plaintiff neglecting: to set down after order made 169. After the close of the pleadings the plaintiff may at any time on notice to the defendant apply to the judge for and ob- tain 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 defendant on notice may apply for and obtain an order to the like effect or that the plaintiff's action be dismissed out of Court with costs to the defendant; but the judge may instead of dismissing the action at once order such dismissal to take pffect from a future date unless the plaintiff meanwhile pro- ceeds with his action ; (2) If the plaintiff having obtained an order setting the cause down for trial neglects to set the cause down and proceed to trial in pursuance thereof the defendant may apply to the judge for an order dismissing the action and the judge may thereupon make such order as he may deem proper. CO., c. 21, r. 169. Jury in ■certain cases 170. On the application to set a cause down for trial if the action he for slander, libel, false imprisonment, malicious pro- secution, seduction, breach of promise of marriage or if the action arises out of a tort, wrong or grievance in which the damages claimed exceed $500 or if the action be for debt or founded on contract wherein the amount claimed or the dam- ages sought to be recovered exceed $1000 or if the action be for the recovery of real property and either party signify his 252 ^- 174 JUDICATURE Cap. 21 47 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 iurv. CO., c. 21, r. 170. 171. The order for setting down a cause for trial by jury b/jur*^"""'""' shall state by whom the necessary fees to be paid out shall be ^'"'^ furnished and the party so named shall deposit with the clerk such sum as said clerk considers sufficient for the payment of jurors' fees and the expenses of summoning a sufficient number of persons to form the jury and the' clerk shall after the trial pay the said jury and summoning fees and if any balance of <^°"" °''J'"'>" the money so deposited with him remains unused after paying such fees return such balance to the party who deposited the same. CO., c. 21, r. 171. 172. The jury for the trial of issues of fact in civil causeaJ^y shall consist of six persons whose verdict shall be unanimous. CO., c. 21, r. 172. 173. When a cause may have been set down for trial such Notice of wai notice shall be given as the order setting down directs. o.O., c. 21, r. 173. OEDER XVIII. DISCONTINUANCE. 174. The plaintiff may at any time before receipt of the de- discontinuance -.-^ ■' ^ , ^ ^ or withdrawaJ lendants defence or after the receipt thereof before taking any ofp^rt of claim other proceeding in the action (save any interlocutory ap- plication) by notice in writing wholly discontinue his action against all or any of the defendants or withdraw any part or costs parts of his alleged cause of complaint and thereupon he shall pay such defendant's costs of the action or if the action be not wholly discontinued the cost occasioned by the matter so with- drawn. Such costs shall be taxed and such discontinuance or fct^'n''"™' withdrawal as the case may be shall not be a defence to any subsequent action. Save as herein otherwise provided il shall not be competent for the plaintiff to withdraw the record or J^'^^j.^'^'^.'^^f^^^ discontinue 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 the costs and as to any other action and otherwise as may be just order the action to be discon- tinued or any part of the alleged cause or complaint to be struck out. The Court or judge may in like manner and with the like discretion as to terms upon the application of a defend- ant order the whole or any part of his alleged grounds of defence or counterclaim to be withdrawn or struck out but it withdrawal of 253 48 Cap. 21 JUDICATURE r. 174 defence or ■counterclaim Withdrawal after entry for trial shall not be competent to a defendant to withdraw his defence or any part thereof without 8uch leave. CO., c. 21, r. 174. 175. When a cause has been entered for trial it may be withdrawn by either plaintiff or defendant upon producing to the clerk of the Court a consent in writing signed by the parties. CO., c. 21, r. 175. Judgment tor costs Stay ot subsequent action pending payment 176. Any defendant may have judgment for the costs of the action if it is wholy 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. CO., c. 21, r. 176. 177. If any subsequent action shall be brought before pay- ment of the costs of a discontinued action for the same or sub- stantially 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. CO., c. 21, r. 177. OEDEE XIX. AMENDMENT. Amendment of pleading^i 178. The Court or a judge may at any stage of the proceed- ings allow either partj?- to alter or amend his statement of claim or pleadings in such manner and upon such terms as may be just and all such amendments shall be made as may be necessary for the purpose of determining the real ques^' tions in controversy between the parties. CO., c. 21, r. 178. Amendment ot 179. The plaintiff may without any leave amend his stater claim without on. • i i. leave mBut of claim once at any time before the expiration of the time limited for reply and before replying. CO., c. 21, r. 179. Amendment jsQ. A defendant who has set up any counterclaim may or counterclaim , . , without leave without Euy leave amend such counterclaim at any time be- fore the expiration of the time allowed him for answering the reply. CO., c. 21, r. 180. Disallowance 181. Where any party has amended his pleading undei? of improper ■'^•',. , ., '■ . ^ , amendment Cither of the two prcccding rules the opposite party may within eight days after the delivery to him of the amended pleading apply to the Court or a judge to disallow the amend- ment or any part thereof and the Court or judge may if satis- fied that the justice of the case demands it disavow the same or allow it subject to such terms as to costs or otherwise as may be just. CO., c. 21, r. 181. 254 r 188 JUDICATURE Gap. 21 49 _ to amendments 182. Where a party has amended his pleadings (unless amend^m^ otherwise ordereid) the opposite party shall plead to the amend- ed pleading or amend his pleading within the time he then has to plead or within eight days from the delivery of the amendment whichever last shall expire and in case the op- O'^fa"'' °f posite party has pleaded before the delivery of the amend- ment and does not plead again or amend within the time above mentioned he shall be deemed to rely on his original pleading in answer to such amendment. CO., c. 21, r. 182. 183. In all cases not provided for by the .preceding rules Leave to amend , , , -^ ./ ± o application of this order application for leave to amend may be made by either party to the Court or a judge or to the judge at tha trial of the action and such amendment may be allowed upon such terms as to costs or otherwise as may be just. CO., c. Terms 21, r. 183. 184. If a party who has obtained an order for leave to ^^"^j^^'i°„ amend does not amend accordingly within the time limited f nr °'^" that purpose by the order or if no time is thereby limited then within fourteen days from the date of the order such order td amend shall on the expiration of such limited time as aforesaid or of such fourteen days as the case may be become ipso facto void unless the time is extended by the Court or a judge. CO., c- 21, r. 184. 185. Any Statement or pleading may be amended % written f^^^l[„f alterations in the copy which has been delivered and by addi- tions on paper to be interleaved therewith if necessary unlessi the amendments require the insertion of more than 144 words in any one place or are so numerous or of such a nature that the making them in writing would render the document diffi- cult or inconvenient to read in either of which cases thel amendment must be made by delivering a printed or written copy of the document as amended. CO., c. 21, r. 185. 186. Whenever any statement or pleading is amended the Marking samfe when amended shall be marked with the date of the pleading order if any under which the same is so amended and of the day on which such amendment is made in manner following, viz. : " Amended day of (pursuant to order of , dated the day of )." CO., c. 21, r. 186. 187. Whenever any statement or pleading is amended such D_^«^«^^y °f amended document shall be delivered to the opposite party pielLg -B'ithin the time allowed for amending the same. CO., c. -2,1, r 187. 188. Clerical mistakes in judgments or orders or errors j^^^'-k-^^J" arising therein from any accidental slip or omission may at °-- °'^"^^ 255 50 Cap. 21 JUDICATURE r. 188 General power to amend - Costs of amendment any time be corrected by the Court or judge on motion or summons without an appeal. CO., c. 21, r. 188. 189. The Court or a judge may at any time and on such terms as to costs or otherwise as the Court or judgamay think just amend any defect or error in any proceedings and all necessary amendments shall be made ior the purpose of deter- mining the real question or issue raised by or depending on the proceedings. CO., c. 21, r. 189. 190. The costs of and occasioned by any amendment shall, be borne by the party making the same unless the Court oi" judge shall otherwise order. CO., c. 21, r. 190. ORDEE XX. DISCOVERY OP DOCUMENTS, ETC. Ex jtarte orHer for discovery 191. The plaintiff shall at the expiration of the time for delivery of defence and the defendant shall after delivery of defence be entitled on application to the judge ea; fiarie, to an order directing any other party to any cause or matter to make discovery by affidavit of the documents which are or have been in his possession or power relating to any matter in question therein. CO., c. 21, r. 191. Affidavit of discovery Objections to production 192. The affidavit to be made by a party against whom such order as is mentioned in the last preceding rule has been made shall specify which if any of the documents therein mentioned he objects to produce. CO., c. 21, r. 192. Production of documents 193. It shall be lawful for the Court or judge at any time- during the pendency of any cause or matter to order the pro- duction by any party thereto upon oath of such of the docu- ments in his possession or power relating to any matter in question in such cause or matter as the Court or judge shall think right; and the Court may deal with such documents when produced in such manner as shall appear just. CO., c. 21, r. 193. Inspection oi documents referred to in pleadings or affidavits 194. 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 documents in evidence in his behalf in such cause or mat- 2B6 i". 197 JUDICATURE Cap. 2'' 51 ter unless he shall safisfy tlie Court or judge that such docu-, ment relates only to his own title he being a defendant to the nause or matter or that he had some other cause or excuse which the Court or judge shall deem sufficient for not com- plying 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. CO., c. 21,r. 194. 195. The party to whom such notice is given shall within ^n°dpfa?eof"' two days from the receipt of such notice if all the documents '"^p'^'='"°" therein referred to have been set forth by him in such affidavit as is menticmed in rule 192 hereof or if any of the documents referred to in such notice have not been set forth by him in sny such affidavit then within four days from the receipt of such notice deliver to the party giving the same a notice stating a time within three days from the delivery thereof at which the documents or such of them as he does not object to production produce may be inspected at the office of his advocate or in , case of banker's books or other books of account or books in ccmstant use for the purpose of any trade or business at their usuhI place of custody and stating which if any of the docu^ merts he cbjects to produce and on what ground. O.O., c. 21, r. 195. 196. If the party served with notice under the last preced- S^p^tf"^ ing rule omits to give such notice of a time for inspection or objfcts 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 for inspection at such place and in such manner as he may think fit; and except in the case of documents referred to in the pleadings or affiaavits of the party against whom the application is made or disclosed in his affidavit of documents, such application shall be found- ed u])on an affidavit showing of what documents inspection is sought and the party applying is entitled to inspect them and that they are in the possession or power of the other party. CO., c. 21, r, 196. 197. If the party from whom discovery of any kind or in- P'scovery or , ■ T i> 1 inspection may spection IS sought objects to the same or any part thereof the be reserved judge may if satisfied that the right to the discovery or inspec- tion sought depends on the determination of any issue or question in dispute in the cause or matter or that for any other reason it is desirable that any issue or question in dis- pute in tlie cause or ir,etter should be determined before de- ciding upon the right to the discovery or inspection, order that such if Fue or question be defermined first and reserve the question as to the discovery o- inspection. CO., c. 21, r. 197. 257 62 dap. 21 JUDIOATUEE r. 198 Noncompli- ance with order for discovery or inspection Penalty Service of order Advocate neglecting to inform client of order 198. If any person fails to comply with any order for dis- covery or inspection of documents he shall be liable to attach- ment for contempt of Court. He shall also if a plaintiff bo 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 lie had not defended and the party interrogating may apply to that effect and an order may be made accordingly. CO., c. 21, r. 198. 199. Service of an order for discovery or inspection made against any party on his advocate shall be sufficient service to found an application for an attachment for disobedience to the order; but the party against whom the application for an attachment is made may show in answer to the application that he has had no notice or knowledge of the order. CO., c. 21, r. 199. 200. An advocate upon whom an order against any party ^for discovery or inspection is served under the last preceding rule who neglects without reasonable excuse to give notice thereof to his client shall be liaBle to attachment. C.O., c. 21. r. 200. OEDEE XXI. EXAMINATION FOB DISCOVERT. Examination of partiei before trial Person beneficially interested When exam- ination may take place 201. Any party to an action whether plaintiff or defendant or in the case of a body corporate any one who is or has been one of the officers of such body corporate may without any special order for the purpose be orally examined before the trial touching the matters in question in any action by any party adverse in point of interest and may be compelled to at- tend and testify in the same manner upon the same terms and subject to the same rules of examination as any witness except as hereinafter provided. CO., c. 21, r. 201. 202. A person for whose immediate benefit an action is pro- secuted or defended is to be regarded as a party for the pur- pose of examination. CO., c. 21, r. 202. 203. The examination on the part of a plaintiff may take place at any time after the statement of defence of the party to be examined has been delivered or after the time for delivering the same has expired; and the examination on the part of a defendant may take place any time after such defendant has delivered his statement of defence; and the examination of a party to an issue at any time after the issue has been filed. CO., c. 21, r. 203. 258 r. 209 . JUDIOATUEE Cap. 21 53 204. Whenever a party is entitled to examine another party g^^™"'"^ he may procare an appointment therefor from the clerk or any deputy clerk or process issuer in the judicial district where the action was commenced for the examination as hereinafter pro- vided of such party before such clerk, deputy clerk or process issuer at whose office such examination is to be held ; and the „, i 1 • 1 / 1 • Place of party to be examined (upon being served with a copv of the examination ■ , , 1 1 1 A •■ Appointment appointment and a subpoena and upon payment of the proper and subpoena fees) shall attend thereon and submit to examination. °" "" "°"'''' (2) Such examination shall be held at the office of the clerk, deputy clerk or process issuer nearest to the place where the party to be examined resides. CO., c. 21, r. 204. 205. The party examining shall serve a copy of the appoint- ^''beTerved' ment upon the advocate of the party to be examined if he has °" advocate an advocate in the cause at least forty-eight hours before the examination. CO., c. 21, r. 205. 206. Upon application to the Court or a judge an order may befo^'othe" be made for the examination of any party liable to be exam- ^v1twt°' ined as aforesaid before any other person or in any other place J""^'"'=''°° whether within or without the jurisdiction of the Court than those before mentioned and upon service of a copy of the ap- pointment of a person before whom the examination is to take place and a copy of the order upon the party to be examinedl and upon payment of the proper fees he is to attend and submit to examination. A copy of the appointment shall be served upon the advocate of the party or his agent at least forty-eight hours before the examination. CO., c. 21, r. 206. 207. The party or perr, 339. A judgment for the recovery or for the delivery or the ^f"^"^ °^ possession of land may be enforced by writ of possession. CO., c. 21, r. 839. 340. A judgment for the recovery of any property other than Recovery of^ land or money may be enforced by writ for delivery of the property. CO., c. 21, r. 340. 341. A judgment requiring any person to do any act other judgment to than the payment of money or to abstain from doing anything from an'*^" may be enforced by writ of attachment or by committal. CO., c. 21, r. 341. 342. Where a judgment or order is to the effect that any J^d|mepton party is entitled to any relief subject to or upon the fulfilment of any condition or contingency the party so entitled may upon the fulfilment of the condition or contingency and de- mand made upon the party against whom he is entitled to relief apply to the judge for leave to issue execution against Execution of such party ; and the judge may if satisfied that the right to relief has arisen according to the terms of the judgment or order order that execution issue accordingly or may direct that any issue or question necessary for the determination of the rights of the parties be tried in any of the ways in which questions arising in any action may be tried. CO., c. 21, r. 842. 343. Where a judgment or order is against a firm execution P^^^f °f" may issue: ' l^Tsttms 283 78 Cap. 21 JUDICATURE 343 (a) Application for leave to issue agrainst members of firm Judgrment not to affect partner out of jurisdiction (ai) Against any property of the partnership ; (6) Against the property of any person who has appeared in his own name or who has admitted on the plead- ings that he is or who has been adjudged to be a part- ner; (c) Against the property of any person-who has been indi- vidually served aa a partner with a writ of summons and has failed to appear. (2) If the party who has obtained judgment or an order claims to be entitled to issue execution against any other per- son as being a member of the firm he may apply to a judge for leave so to do ; and a judge may give such leave if the liabil- ity be not disputed or if such liability be disputed may ordeit that the liability of such person be tried and determined in any manner in Which any issue or question in an action may be tried and determined ; but except as against any property of the partnership a judgment against a firm shall not render lia- ble, release, or otherwise affect any 'member thereof who was out of the jurisdiction when the writ was issued and who had- not appeared to the writ unless he has been made a party to the action or has been served with the writ in the action. C.O.,^ c. 21, r. 343. PrcBcl'be for execution 344. No writ of execution shall be issued without the party issuing it or his advocate filing a prcecipe for that purpose; th& prmcipe shall contain the title of the action, the reference to the- record, the date of the judgment and of the order if any direct- ing 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- uarty issuing it or by the party issuing it if he does so in pei:- son. CO., c. 21, r. 344. fny judi^ui" 3^^- When entitled thereto the party in whose favour such- district judgment has been entered may have one or more writs of exe- cution directed to the sheriff of any one of the judicial districts^ for levying within the judicial district named in such writ the amount due on such judgment and legal interest thereon and costs subsequent to such judgment by distress and sale of th* goods and chattels and personal property liable -to seizure and sale for debt of the party against whonjL the said judgment has- been so entered. CO., c. 21, r. 345. Date of execution Duration Renewal 346. Every writ of execution shall bear date the day of its issue and shall remain in force for two years from its date(- (and no longer if unexecuted unless renewed) but such writ may at any time before its expiration and so from time to time- during the continuance of the renewed writ be renewed by the party issuing it for two years from the date of such renewal b,y 284 r. jjbu JUDICATURE Cap. 21 79 being marked in the margin with a memorandum to the effect following : "Renewed for two years from the day of A.D. 1 ," (signed by the clerk) ; and the production of a writ of execution marked as renewed in manner aforesaid shall be sufficient evidence of its having been so renewed ; and a writ of execution so renewed shall have effect and be entitled to priority according to the time of the original delivery thereof. CO., c. 21, r. 346. 347. Every writ of execution for the recovery of money shall „? a°rlrtTo°n ^ be indprsled 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 levy legal interest. thereon, if sought to be recovered, together with sheriff's fees, poundage and other expenses of execution. CO., c. 21, r. 347. 348. As between the original parties to a judgment or order Execution, execution may issue at any time within six years from the ra- mithin six , covery of the judgment or the date of the order. CO., c. 21, ™" r. 348. 349. In the following cases namely : Leave to issue *-' •^ execution (a) Where six years have elapsed since the judgment or casTf"'" date of the order or any change has taken place by death or otherwise in the parties entitled or liable to execution ; (6) Where a husband is entitled or liable to execution upon a judgment or order for or against a wife ; (c) Where a party is entitled to execution upon a judg- ment of assiets in futuro; (d) Where a party is entitled to execution against any of > the shareholders of a joint stock company upon a judgment recorded against such company or against a public officer or other person representing oach ■ company the party alleging himself to be entitled to the execution may apply to the judge for leave to issue the execution accord>- ingly; and such judge may if satisfied that the party so apply- ing is entitled to issue execution make an order to that effect or may order that any issue or question necessary to determine the rights of tlie parties shall be tried in any of the ways in which any question in any action may be tried ; and in either case such judge may impote such terms as to costs or otherwise as shall be just. CO., c. 21, r. 349. 350. Every order of the Court or judge in any cause or f/'^°5^^^°"' matter may be enforced against all persons bound thereby in the same mannei as a judgment to the same effect. CO., c. 21, r. 350. 286 80 Cap. 21 JUDICATURE 851 Executions by or against a person not a party 351. Any person not being a party to a cause or matter who obtains any order or in whose favour any order is made shall be entitled to enforce obedience to such order ^by the same pro^ cess as if he were a party to such cause or matter and any pen- son not being a party to a cause or matter against whom obedi- ence to any judgment or order may be enforced shall be liable to the same process for enforcing obedienoe to such judgment or order as if he were a party to such cause or matter. CO., c. 21, r. 351. Facts arisen too late to be pleaded Stay of execution 362. No proceeding by audita quercle shall hereafter be used; but any party against whom a judgment has been given may apply to the judge for a stay of execution or other relief against suchj'udgmjent upon the ground of facts whicJi nave arisen too late to be pleaded and the judge may give such relief and upon such terms as may be just. CO., c. 21, r. 352. ■Court may •order act to _be done at -expense jf ^ party refusing 353. If ci-mandamus granted in an action or otherwise or a mandatory order, injunction or judgment for the specific per- fo]'mance oJ: ^iiiy contract be not complied with the Court or judge besides or instead of proceedings against the disobedient party for contempi may direct that the act required to be done raay be done so far as practicable by the party by whom the judgment or order has been obtained or some other person to be appointed by the Court or judge at the cost of the dis> obedient party and upon the act being doile 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. CO., c. 21, r. 353. or^ud?men"t' ^^'^- '^'^y judgment or order against a corporation wilfully ag-ainst disobcyed may by leave of the Court or judge be enforced by corporation ./././ j o ./ execution againt the corporate property or by attachment of the persons of the directors or other officers. C.O., c. 21; r. 354. Forms of execution 355. Every writ of execution shall follow form B .in the schedule hereto adapted to the circumstances of each case and where form B is not appropriate the form shall be settled by the judge on ex parte application. CO., c. 21, r. 355. Effects of execution in sherifFs hands as against goods of Judgment debtor 366. Except as hereinafter mentioned every writ of execution against goods and chattels shall at and from the_time of its de- livery to the sheriff to be executed bind all the goods and chattels or any interest in all the goods and chattels of thei judgment debtor within the judicial district of the said sheriff and shall take jjriority to any chattel mortgage, bill of sale or assignment for the benefit of all or any of the creditors of the judgment debtor executed by him after the receipt by the sheriff of such writ of execution or which by virtue of the provisions of The Bills of Scdes Ordinance has not taken effect prior to 286 r. 360 JUDICATURE Cap. 21 81 such receipt as against the creditor or creditors' interest under the execution but shall not take priority to a bona fide sale by the' judgment debtor followed by an actual and continued change of possession of any of his goods and chattels without actual notice to the purchaser that such writ is in the hands of the sheriff of the judicial district wherein the said judgment debtor resides or carries on business. CO., c. 21, r. 366. 367. No sale of personal property seized under any writ of ^°''if 3°sje execution or process shall be made without such sale being ad- vertised for at least ten days by public notice thereof describr ing the property to be sold copies of which notice shall be pdsted in the offices of the clerk and sheriff and at least five public places in the locality where the same is to be sold ; but Perishable when the articles seized are of a perishable nature or are of ^' ' ^ Such a character as not to allow of a delay of ten days as here- inbefore provide/d the same may be sold forthwith. C.O., c. 21, r. 357. 358. On any writ of execution against goods and chattels the f^J^^f^^ sheriff charged with the execution of the same may seize and '" 6°°''* sell the interest or equity of redemption in any goods or chattels including leasehold interests in any lands of the party Leasehold against whom the writ has issued and such sale shall convey whatever intereist the mortgagor had in such goods and chattels at the time of the seizure. CO., c. 21, r. 356. 359. The sheriff having the execution of any writ of execU- seizure of tion against goods may seize any moiley or bank notes, any no'tesfcheq"ues, cheques, bills of exchange, promissory notes, bonds, mortgages, ''"' specialties or other Securities for money belonging to the execu- tion debtor and such sheriff may pay and assign them to the execution creditor at the sum actually due on and secured by them respectively if he will accept them as money collected or the sheriff may sue in his own name for the recovery of the Bums secured thereby when the time of payment thereof has arrived and on pa3rment execute and give valid discharges therefor but no such sheriff or other party shall be bound to sue any party liable upon any such cheque, bill of exchange, pror missory note, bond, specialty or other security unless the party who sued out the execution furnishes sufficient security lo in- demnify him from all costs and expenses to be incurred in the prosecution of the action or to which he may become liable iff consequence thereof. CO., c. 21, r. 369. 360. The officer charged with the execution of any writ of ^lj^^"''|^ °/ execution against goods may seize thereunder any registered belonging to mortgage in favour of the execution debtor whether upon lands or chattels by delivering a notice in writing of such seizure to the registrar or clerk in the office where such mortgage is regis- 287 82 Cap. 2] JUDICATURE r. 360- Entry in regfister Notice to mortgagor tered ; but no such mortgage shall be affected or charged by any writ of execution until delivery of such notion. (2) Upon receipt of such notice the clerk or registrar shall make an entry thereof in the register for which he shall be entitled to a fee of fifty cents : Provided that unless and until personal service of a notice of seizure on the mortgagor is made he shall not be affected thereby and any payments made by him to the mortgagee before service of such notice shall be deemed good and valid. CO., c. 21, r. 360. Transfer of cheques, etc., discharg-es sheriff • 361. The transference by the sheriff to the execution creditor of any clheques or property named inEule 359 shall discharge the sheriff to the extent of the amount due on and secured thereby. CO., c. 21, r. 361. Payment by sheriff of moneys realized 362. Subject to the provisions of The Creditors' Relief Ordi- nance the sheriff shall pay over to the execution creditor or his advocate all moneys recovered or a sufficient sum to dis- charge the amount. directed by the writ to be levied; but the sheriff shall in all cases be entitled to first deduct his fees and expenses. CO., c. 21, r. 362. Growing crops 363. No Sale of growing crops whether grain or roots; shall take place until after the same have been harvested and threshed or taken and removed from the ground when after all charges for harvesting, threshing, taking and removing have been paid and all exemptions been claimed and reserved the balance may be sold. CO., c. 21, r. 363. Issue of execution lands Sale of lands Time for Adveitise- ment of 364. 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 per- son liable in any judicial district provided that not less than $50 remain due and unpaid on the judgment and deliver the same to the sheriff of the district named in the writ and charged with the execution of the writ of execution against goods at or after the time of delivery 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 one year from the day on which the writ against lands is delivered to him nor until three months' notice of such sale has been posted in a conspicuous place in the sheriff's and clerk's office respec- tively and published two months in the newspaper nearest the lands to be sold. (2) Where more than one newspaper is published in the same locality the notice of sale may be published in either one. CO., c. 21, r. 364. 288 r. 370 aoDicATUEE Cap. 21 83 365. No sale shall be had under any execution against lands ^^'^f^l^^^ until after a return of nuUa bona in whole or in part with ^rfore Se respect to an execution against goods in the same suit or"'^'""'*' matter by the same officer. Where there are no bidders or noo/sair"™' sufficient bid has been offered for the land to be ^Id as afore- said the sheriff may adjourn such sale from time to time and a notice of the time and place of such adjourned sale shall be posted by him in a conspicuous place in the sheriff's and clerk's offices respectively and such notice shall be sufficient notice of such adjourned sale. CO., c. 21, r. 365. 366. In cases where the sheriff or other officer shall sell Form of lands under execution for which a certificate of title has not certiLa Jof " been granted a transfer executed by him in the form prescribed efL?°d for lands for which a certificate of title has been granted shall be sufficient to convey the execution debtor's interest therein to the purchaser. CO., c. 21, r. 366. 367. No sheriff shall make any return of nulla bona either Retum nuiia in whole or in part to any writ against goods until the whole of the goods of the execution debtor in the district named in the writ liable to seizure which he can find have been exhaust- ed. CO., c. 21, r. 367. 368. If the amount authorized to be made and levied under if money the writ against goods is made and levied thereunder the per- "o^cos°s ^°° ^ son issuing the writ againat lands shall not be entitled to the fands''°° expenses thereof or of any seizure or advertisement thereunder and the return to be made by the officer charged with the exe- Retumin such cution of the writ against lands to such writ shall be to thq' effect that the amount has been so made and levied as afore-< said. CO., c. 21, r. 368. 369. Where under any writ of execution while in force per- saie after sonal property has been seized the sheriff may proceed to sell '*''?"■>' °^''"''^ the same although the writ of execution has expired. CO., c. 21, r. 369. 370: Where it is sought to enforce a judgment made for the Execution^for recovery of any property other than land or money the Court property or flr judge may upon the application of the plaintiff or person assessed value 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 there- to that the sheriff levy and make the assessed val,ue with or without costs in either instance as may be just and for such purpose separate writs may be issued for the costs. C.O., c. 21, r. 370. 289 i case 84 Cap. 21 JUDICATURE r. 371 Writ of possession for recovery of land 371. A judgment or order that a party do recover possession of any land or that any person therein named do deliver up possession of any land to some other person may, without any order for such purpose, after fifteen days from the entry of the judgment or service of a copy of the order, be enforced by a writ of possession. CO., c. 21, r. 371. Execution for 372. Upou auv iudgment or order for the recovery ,or deliv- r6C#vcrv of •/ v o •' ^ land and costs ery of possessiou of any land and costs there may be either one writ or separate writs of execution for the recovery of posses-r sion and for the costs, at the election of the successful party. CO., c. 21, r. 372. 11. — Poundage, Interest, Etc. intI4s°f ' 373. Upon any execution against lands or goods the sheriff fxpOTsef'''"'' ™^y i^ addition to the sum recovered by the judgment levy the poundage fees, expenses of the execution and interest upon the amount ao recovered from the time of entering thfii judgment, CO., c. 21, -r. 373. Poundag-e: amount charg-eable in certain cases 374. In case a part only is levied by the sheriff on or by force of any execution against goods and chattels the sheriff shall be entitled besides his fees and expenses of execution to poundage only upon the amount so made by him whatever be the sum indorsed upon the writ and in case the personal estate of the defendant is seized or advertised on or under an execution but not sold by reason of satisfaction having been otherwise obtain- ed or from some other cause and no money is actually made by the sheriff on or by force of such execution the sheriff shall bd entitled to the fees and expenses of execution and poundage only on the value of the property seized not exceeding thq amount indorsed on the writ or such less sum as a judge of the Court out of which the writ issued may deem reiasonable under the circumstances of the case. Any party interested may apply to the judge to fix fcch sum either before or after taxation of the sheriff's bill of costs, charges and expenses or on review or appeal from such taxation. CO., c. 21, r. 374. SheriiFs charges where satisfaction obtained under writ in other judicial district 375. In the case of writs of execution upon the same judgi 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 by virtue of a writ in some other judicial district and no money has been actually made on such execution the sheriff shall not be entitled to poundage but to mileage and fees only for the services actually rendered and performed by him and th'e Court or any judge thereof may allow him a rea- sonable charge for such services in case no special fees therefoi' are assigned in any tariff of costs. CO., c. 21, r. 375. 290 r 380 {2} JUDICATURE Cap. 21 8B 376. Upon the settlement of an execution either in whole orf^^j;'*^^, in part by payment, levy or otherwise or upon the withdrawal, ^ta'^^^tf^-f stay or setting aside of an execution the sheriff or officer claim- execklo'ii' ° ing any fees, poundage, incidental expenses or remuneration which have not been taxed shall upon being required by any party interested within forty-eight hours deliver a copy of his biU in detail to the applicant. . Such bill shall be taxed by the clerk of the Court upon the applicant obtaining and serving an appointment for such taxation. CO., c. 21, r. 376. 377. No sheriff shall collect any fees, costs, poundage or ^'"^"■'"^""'^'^ incidental expenses after having been required to have the^^^^^;^^ same taxed without taxation ; and upon tender of the amount Tinier™ taxed no fees, costs, poundage or incidental expenses in respect of proceedings subsequently taken shall be allowed to any sheriff. CO., c. 21, r. 377. 378. It shall, be the duty of every taxing officer above re-D»tyot f erred to to grant an appointment for the taxation of and to '^"'"^ ° "tax the bills of costs presented to him for taxation as herein required upon payment or 'tender of his fees and to give when requested a certificate of such taxation and the amount there- of. CO., c. 21, r. 378. 379. Either party dissatisfied with the taxation may appeal Revision ot to a judge for a revision of such taxation. CO., c. 21, r. 379. OEDER XXXI. DISCOVERT IN AID OP EXECUTIONS. 380. When a judgment or order is for the recovery or pay- ^r^^'^^f"^ ment of money the party entitled to enforce it may apply to a ^^^°^°f judge '-ex parte for an order that the debtor liable under such corporation judgment or order or in the case of a corporation that any offi- oer 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 or- der before the judge or whom he may appoint ; and the judge may make an order for the attendance and examination of such -debtor or othetr person beifore the clerk of the Court or other , person to be named in the order and for the production of any books or documents. (2) Where judgment has been obtained as aforesaid the Examination Court or judge may ex parte on the application of the party en- employee, titled to enforce the judgment order any clerk or employee or o°Tmpioyee former clerk or employee of the judgment debtor or any person of debtor^l^^ or officer or officers of any corporation to whom the debtor has p^p^"''*' 291 86 Cap. 21 JUDICATUEE r. 380 (2) Use of examination Difficulty in enforcing- judgment other than for money made a transfer of his property or effects since the date when the liability or debt which was the subject of the action in which judgment was obtained was incurred to attend before the clerk of the Court or other person to be named in the order and to submit to be examined upon oath as to the estate and effects of the debtor and as to the property and means he had when the liability or debt aforesaid was incurred and as to the property or means he still has of discharging the judgment and as to the disposal be has made of any property since con- tracting the debt or incurring the liability and as to any and what debts are owing to him. (3) The examination is to be for the pjirpose of discovery only and no order is to be made on the evidence given on Sach examination but any such examination may be read on any subsequent proceedings between the same parties or between the execution creditors and any transferee of the property or effects of the eixecution debtor or in any proceeding to obtain payment directly or indirectly whether by attachment of debts, equitable exectition or otherwise. CO., c. 21, r. 380. 381. In case of a judgment or order other than for the re- covery or payment of money if any difficulty arises in or about the execution or enforcement thereof any part interested may apply to a judge and the judge may make such order thereon for the attendance and examination of any party or otherwise as may be just and may direct how such judgment or order may be enforced or executed. . CO., c. 21, r. 381. Conduct money Pioduction of documents Rules of examination Disobedience 382. Any person liable to be examined under any of the pre- ceding rules of this order shall be entitled to the like conduct money and payment for expenses and loss of time as upon at- tendance at a trial in court and may be compelled to attend and testify and to produce books and documents in the same man- ner 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. CO., c. 21, r. 382. Costs 383. The costs of any application under this order and of any proceedings arising trSm or incidental thereto shall be in the discretion of the judge. CO., o. 21, r. 383. ORDER XXXII. Issue ot g^arnishee summons ATTACHMENT OF DEBTS. 384 Any plaintiff in an action for a debt or liquidated de- mand before or after judgment and any person who has ob- tained a iudgment oi order for the recovery or payment of 292 r. 387 JUDICATURE Cap. 21 87 money may issue a garnishee summons in the form or to the effect of form in the schedule hereto. Such summons shall be issued by the clerk upon the plaintiff or judgment creditor, his advocate or agent filing an affidavit— (a) Showing the nature and amount of the claim or judg- Affidavit ment against the defendant or judgment debtor and swearing positively to the indebtedness of the de- feadant or judgment debtor to the plaintiff or judg- ment creditor; (6) Stating to the best of the deponent's information and belief that ihe proposed garnishee (naming him) is in- debted to such defendant or judgment debtor. CO., c. 21. r. 384. 385. Service of such summons on the garnishee shall bind service binds any debt due or accruing due from the garnishee to the de-'^'''''^ fendant or the judgmjent debtor. (2) The garnishee summons may be served whether on the Manner of garnishee, defendant or judgment debtor in any way that a ^'"■"" writ of summons may be served; and the provisions relating to service of a writ of summons shall apply to service of a gariMshee summons. (3) A copy of the garnishee summons shall be served on the ^^^^.^^ ^_^ defendant or judgment debtor (or his advocate) within twenty ^f^"^l^l °'' days after service on the garnishee or such further time as a debtor judge ex parte may order. CO., c. 21, r. 385. 386. No order shall be made against the garnished or for^, , , P >' .No order to gO' payment out of any money paid into Court by the garnishee for pa™ent^to until at least ten days after the service of the said summons on Itc' the defendant or judgment debtor and on the garnishee nor when a garnishee summons issues prior to judgment until the plaintiff shall have recovered a judgment against the defen- dant. (2) The defendant or judgment debtor or the garnishee ^or^p^j.^^^..^^^ any person claiming to be interested in the moneys attached '"J^^^^^^g'^ may apply to a judge in chambers to set aside the garnishee summons. (3) No money paid into Court under these proceedings shall Payment out be paid out unless on the written consent of the parties inter-' ° ested except by order of the Court or judge which order may be made ex parte or on such notice as the judge may direct. CO., c. 21, r. 386. 387. A garnishee paying money into Court shall be entitled G„„i3hee's to deduct therefrom his necessary disbursements and costs (not costs exceeding $6) except when the debt due from him to defendant or judgment debtor is larger than the amount of the plaintiff's 293 88 Cap. 21 JUDICATUKE r. 387 claim and costs in which case the garnishee may deduct such costs and disbursements out of the balance in his hands, but if such balance is not sufficient to cover such disbursements and costs he may deduct the difference from the amount to be paid into Court. CO., c. 21, r. 387. North-West •Government, .garnishment against ■Service When rule ■applicable Default by ^arniihee 388. The Government of the North- West Territories may be garnisheed under the provisions of this order with regard to moneys due or accruing due to all persons permanently em- ployed by the Government of the Territories. (2) Such garnishee process shall be served upon [the Terri- torial Treasurer or Assistant Territorial Treasurer in their respective offices.] (3) This rule shall only apply to causes of actiou arising on or after the first day of September in the year one thousand eight hundred and ninety-four. CO., c. 21, r. 388; 1901, c. 10, 3.6. 389. If the garnishee does not pay into Court the amount due from him to the debtor or an amount equal to the claim or judgment and costs and does not dispute the debt due or claimed to be due from him to such debtor then the judge may^ after judgment has been entered against the primary debtor or at once when the garnishee summons is founded on a judg- ment already recovered order that judgment be entered up against the garnishee and that execution issue and it may issue accordingly to levy the amount due from such garnishee or so much thereof as mav be sufl&cient to satisfy the judgment or order. CO., c. 21, r. 389 Dispute by garnishee 'Trial of issue 390. If the garnishee dispute his liability or claims that the debt is not attachable he shall enter with the clerk within the time specified in the summons or .such further time as the judge may allow a statement showing the grounds on which he disputes liability or claims that the debt is not attachable. After which, on application of the plaintiff or any other person interested on two days' notice given to the garnishee, the judge may Gx a time and place for summarily determining the ques-i tion of liability or whether the debt is attachable as the case may be ; or may order that any issue or question necessary for deteimining such liability or whether the debt is attachable be tried and determined in any manner in which any issue or ques- tion in any action may be tried and determined and may direct who shall be the parties to such issue or question and any de- termination under this section whether summarily or otherwise shall form a judgment of the Court and may be enforced as such. CO., c. 21, s. 390. Delay by iplaintiff 391. If within two months after the appearance by the garnishee the plaintiff does not proceed to have the question of 294 r. 397 JUDICATURE Cap. 21 89 liability determined as hereby provided the garnishee may ap- g^f^iSe^" ^^ ply for an order to set aside the garnishee summons. CO., c. 21, r. 391. 392. Whenever it is suggested by the garnishee or any per-i suggestion son claiming to be interested that the debt attached belongs to twrd par°y some third person or that any third person has a lien or charge upon it the judge may order such third person to appcr.r and state the nature and particulars of his claim upon such debt. CO., c. 21, r. 392. 393. After hearing the allegations of any third person under Procedure such order as in the next preceding rule mentioned and of any person " other person whom by the same or any subsequent order the « MtStd 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 such garnishee or any issue or question to be tried or determined in manner aforesaid and may bar the claim of such third person or make such -other order as such judge shall think fit upon such terms in all cases with respect to the lien or charge (if any) of such third person and to costs as the judge shall think just and reasonable. CO., c. 21, r. 393. 394. Payment made by or execution levied upon the garni- g»^j[^_.''=^=j ,, shee under any such proceeding as aforesaid shall be a valid payment disicharge to him against the debtor to the amount paid or °' levied although such proceeding may be set aside or the judg- ment or order reversed or the plaintiff fail in his action. O.O., c. 21, r. 394. 395. The garnishee shall not be liable for the costs of the coit. in proceedings unless and m so far only as occasioned by setting proceedings up a defence which he knew or ought to have known was untenable ; and the plaintiff or judgment creditor in garnishee proceedings shall be entitled to tax against the defendant or judgment debtor and add to the judgment the costs of such proceedings unless the judge otherwise orders and subject to this provision the cost of all parties shall be in the discretion of the judge. C.O., c. 21, r. 395. 396. No execution shall in any case issue to levy the money Execution owing from any garnishee until and so far only as such money due money shall become fully due. CO., c. 21, r. 396. 397. No debt due or accruing due to a mechanic, workman, |^^p''°" labourer, servant, clerk or employee for or in respect of his g«rnisiiment wages or salary shall be liable to seizure or attachment unless the said debt exceeds the sum of $25 and them only to the extent of the excess : 295 50 Cap. 21 JUDICATUKE r. 397 Exception Provided that nothing in this rule contained shall apply to any case where the debt, sued for or in respect of which the judgment was recovered has been contracted for board and lodging. [(2) If the said amount of $26 or any portion thereof is paid into Court it Shall not be necessary for the debtor to claim the same but he shall be entitled to have it paid out to him at any time on application to the clerk but in the event of no such ap- plication being made until the expiration of two months after such payment in or after judgment is recovered against the debtor whichever is later the judgment creditor shall be en- titled on application to the judge to have the said sum or so much thereof as may be sufficient to satisfy his judgment paid out to him.] CO., c. 21, r. 397; 1903, c. 8, s. 2. ORDEE XXXm. Untcrlocutory .applications, Slow made INTERLOCUTORY ORDERS AS TO MANDAMUS, INJUNCTIONS OK INTERIM PRESEEVATION OF PROPERTY. 398. Applications for interlocutory orders for mandamus, injunction or receiver or the interim preservation of property may be made ex parte in the first instance or by notice of motion or on summons in chambers : Provided that on an ex parte application the judge may require notice to be given to any party or parties interested. CO., c. 21, S. 398. Interim preservation of property 399. When by any contract a prima facie case of liability 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 rule may be made in chambers by summons or notice of motion by any party at any time after his right thereto appears from the pleadings or, if there be no pleadings, is made to appear by affidavit or otherwise to the satisfaction of the Court or judge. CO., c. 21, r. 399. *Order for sale of g^ocds, etc. 400. It shall be lawful for a judge on the application of any party to make any order for the sale by any person or per- sons named in such order and in such manner and on such terms as the judge may think desirable of any goods, wares or merchandise 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 desirable to have sold at once. CO., c. 21, r. 400. 296 r. 404 JUDICATURE Cap. 21 91 401. It shall be lawful for a judge upon the application of ^llertatlon any party to a cause or matter and upon such terms as may be °f jiroPerty" ju^ to make any order for the detention, preservation or in^ spection 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 posses- sion af any party to such cause or matter and for all or any of the purposes aforesaid to authorize 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. CO., c. 21, r. 401. 402. It shall be lawful for the judge by whom any cause oTJ"lllf°-'^^ matter may be heard or tried with or without a jury or before whom any cause or matter may be brought, to inspect any pro- perty or thing concerning which any question may arise there- in 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 man- ner as he may think fit. CiO., c. 21, r. 402. 403. Where an action is brought to recover or a defendant de'i;very°of in his defence seeks by way of counterclaim to recover specific cfaTmed'u''ndef property other than land and the party from whom such re^ p^ymLt covery is sought does not dispute the title of the party seeking '"'° C""--' to recover the same but claims to retain the property by virtue of a lien or otherwise as security for any sum, the judge may at any time after such last mentioned claim appears from the pleadings or if there be no pleadings by affidavit or otherwise to the satisfaction of such judge, order that the party 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. CO., c. 21, r. 403. 404. Where any real or personal estate forms the subject of ^i°;™«°"t any proceedings in the Court and the judge is satisfied that the pendente me same will be more than sufficient to answer all the claims thereon which ought to be provided for in such proceedings the judge may at any time after the commencement of the proceed- ings allow to the parties interested therein or to any one or more of them the whole or part of the annual income of the real estate or a part of the personal estate or the whole or a part of the income thereof up to such time as the judge shall direct. CO., c. 21, r. 404. 297 92 Injunction Injunction ag^ainst wrongful act or breach of contract Cap. 21 jfjDicATUKi!; r. 405 405. An injunction shall be by a judgment or order and any Such judgment or order shall have the effect which a similar judgment or order has in England.^ CO., c. 21, r. 405. 406. In any cause or matter in which an injunction has been or might have been claimed the plaintiff may before or after judgment apply for an injunction to restrain the defendant or respondent from the repetition or continuance of the wrongful act or breach of contract complained of or from the commission of any injury or breach of contract of a like kind relating to the same property or right or arising out of the same contract and the judge may grant the injunction either upon or without terms as may be just. CO., c. 21, r. 406. MANDAMUS. Mandamus Statement of claim 407. The plaintiff in any action in which he shall claim a mandamus to command the defendant to fulfil any duty in the fulfilment of which the plaintiff is personally interested shall include the claim in his statement of claim. CO., c. 21, r. 407. Order upon -defendant for performance 408. If judgment be given for the plaintiff the Court or judge may by the judgment command the defendant either forthwith or on. the' expiration of such time and upon such terms as may appear to the Court or judge to be just to per- form the duty in question. The Court or judge may also ex- tend the time for the performance of the duty. CO., c. 21, r 408. Enforcement Protection of person acting under mandamus 409, In the event of noncompliance with the judgment as aforesaid the same may be enforced by prerogative mandamus as in England. CO., c. 21, r. 409. 410. No action or proceeding shall be commenced or prose- cuted against any person in respect of anything done in obedi- ence to a judgment or order for a mandamus. CO., c. 21, r. 410. Mandamus to be by judgment or order 411. No writ of mandamus shall hereafter be issued in any action but a mandamus shall be by judgment or order which shall have the same effect as a similar judgment or order has in England. CO., c. 21, r. 411. Receii OEDER XXXIV. RECEIVERS. 412. Where an order is made directing a receiver to be ap- pointed unless otherwise ordered the person to be appointed 298 r. 417 JUDICATURE Cap. 21 93 shall first give security to be allowed by a judge diily to ac- Security . count for what he shall receive as such receiver and to pay the same as the Court or judge shall direct and the' person so to be k='""""''''°° appointed shall unless otherwise ordered be allowed a proper salary or allowance. CO., c. 21, r. 412. 413. When a receiver is appointed with a direction that he Jj™f°^fi^E shall pass accounts the judge shall fix the days upon which he g^f^"^™* °^ shall annually or at longer or shorter periods file and pass such accounts and also the days upon which he shall pay the bal-« ances appearing due on the accounts so filed or such part there- of as shall be certified as proper to be paid by him and with ^^ ^^^ ^^ respect to any such receiver as shall neglect to file and pass his receiver accounts and pay the balances thereof at the times so to be fixed for that purpose as aforesaid the judge before whom any such receiver is to account may from time to time when his subsequent accounts are produced to be examined and passed disallow the salary therein claimed by such receiver and may also if he shall think fit charge him with interest upon the balances so neglected to be paid by him during^ the time the same shall appear to have remained in the hands of any such receiver. CO., c. 21, r. 413. 414. In case of any receiver failing to file any account oi^f^f^H"^ affidavit or to pass such account or to make any payment or'^™'^'^'*"" °" otherwise the receiver or the parties or any of them may be re- quired to attend before the judge to show cause why such ac- count or affidavit has not been filed or such account passed or such payment made or any other proper proceedings taken and thereupon such directions as shall be proper may be given by the judge including the discharge of any receiver and appoint- ment of another and payment of costs. CO., c. 21, r. 414. 415. When a receivership has been completed the book con- J^o"J,l^ taining the accounts shall be deposited in the clerk's "office. CO., c. 21, r. 415. 416. The accounts of liquidators and of guardians shall beP--i"j^ passed and verified in the same manner as receivers' accounts. CO., c. 21, r. 416. OEDEE XXXV. ATTACHMENT OF PEESONAL PROPERTY. 417. After the commencement of any suit wherein the claim Attad>ment of is for the recovery of a debt of $50 or upwards from the defen- dant to the plaintiff upon affidavit made by the plaintiff or one 299 94 Affidavits required Cap. 21 JUDICATUEE r. 417 of several plaintiffs, if more than one, his or their agent, having a personal knowledge of the matter stating clearly and suc- cinctly from what cause such debt arose a^nd the amount there- of and that he has good reason to believe (giving 'reasons therefor) that the defendant — (a) Is about to abscond or has absconded from the Terri- tories leaving personal property in any judicial dis- trict thereof liable to seizure under execution for debt ; or (b) Has attempted to remove such personal property out of the said Territories or to sell or dispose of the same with intent to defraud his creditors generally or the plaintiff in particular; or (c) Keeps concealed to avoid service of process ; and (d) In either case that the deponent verily believes that without the benefit of the attachment the plaintiff wiU lose his debt or sustain damage ; Application to judg-e Exemption from seizure and upon the further affidavit of one other credible person that he is well acquainted with the defendant and has good reason to believe (giving such reasons) that the defendant is about to abscond or has absconded or has attempted to remove his per- . sonal property but of the said Territories or to sell or dispose of the same or keeps concealed with intent as aforesaid as the case may be the judge being satisfied with the reasons aforesaid on application to him "a; parte may direct the clerk to issue a writ of attachment in form D in the schedule hereto which writ shall be executed by the sheriff according to its tenor : Provided that in any case where the debtor has absconded or is about to abscond from the Territories leaving no wife or family behind no property of such debtor shall be exempt from seizure. CO., c. 21, r. 417. Copy writ of attachment to be served 418. A copy of every such writ shall be served on the debtor against whose effects the same is issued at the time of making any seizure thereunder or as soon thereafter as such service can be effected if the said debtor can be found ; but if such personal service cannot be effected a copy thereof shall be left with some grown up person resident at the place where such seizure is made or if no person is resident, posted in a conspicuous place on the premises. CO., c. 21, r. 418. Sheriffs return and inventory 419. Immediately after making a seiziire under the said writ the sheriff shall make a return of the writ and with such return transmit annexed thereto an inventory of the property seized and the value thereof according to the best of his judgment and an affidavit of the manner in which service of such writ has been effected. CO., c. 21, r. 419. ^- *24 JUDICATURE Cap. 21 95 420. Upon the seizure of any property under the writ here- "^oodrsSzed inbefore described the person in whose possession it was at the °" &iyi"T^ time of seizure may have the same returned to him upon giving depoS'/o"/ vaiu= ■the sheriff . sufficient security for or paying into Court an amount '''"'""^ equal to its appraised value as shown by the inventory pre- scribed by the preceding rule hereof. CO., c. 21, r. 420. 421. Unless the property seized is redelivered or relinquish- ed- by the sheriff under any of the provisions hereof he shall hold the same until the plaintiff obtains judgment in the cause and an execution upon such judgment is delivered to the sheriff : Provided that in case the plaintiff shall be guilty of any un- necessary delay in the prosecution of his suit to judgment the Court or a judge may order the redelivery of the property so seized to the person from whose possession it was taken unless some other writ of attachment or execution against the defen- dant shall be in the sheriff's hands for execution. CO., c. 21, r. 421. 422. Notwithstanding the issue of a writ of attachment the Subsequent <5ause shall be proceeded with, in the ordinary way but the'"""'"' '"^^ plaintiff shall not have judgment against the defendant except by order of the judge and in case the plaintiff fails to recover judgment for the full amount of the debt sworn to he shall not be entitled to any costs but may be ordered to pay the costs of the defendant. CO., c. 21, r. 422. 423. A writ of attachment may be set aside by a judge on 1^^'"^ aside satisfactory proof by affidavit that the creditor who sued out such writ had not reasonable cause for taking such proceeding. C.O., c. 21, r. 423. 424. In case any horses, cattle, sheep or any perishable goods ca'tXS "' or chattels or such as from their nature cannot be safely kept |opds''pending or conveniently taken care of are taken under any writ of at- ^"'* tachment the officer who seized the same shall have them appraised and valued on oath by two competent persons and in case the plaintiff desires it and deposits with the sheriff a bond to the defendant executed by one or more persons whose sufficiency shall be approved of by such officer in doable the amount of the appraised value of such articles conditioned for the payment of such appraised value to the defendant together with all costs and damages incurred by the seizure and sale thereof in case judgment is not obtained by the plaintiff against the defendant then the sheriff may sell all or any of such enu- merated arti(?les at public auction to the highest bidder giving not less than six days' notice of such sale unless any of the articles are of such a nature as not to allow of that delay in which case the officer shall sell such articles last mentioned 3or 96 Cap. 21 JUDICATUEE r. 424 Plaintiff omitting: to give security forthwith and shall hold the proceeds of such sale for the same purpose as he would have held any property seized under thei attachment. CO., c. 21, r. 424. 425. If the plaintiff after notioe to himself or his advocat^ of the seizure of any articles enumerated in rule 424 hereof neglects or refuses to deposit the bond or only offers a bond with sureties insufficient in the judgment of the sheriff then after the lapse of four days next after the notice the sheriff shall be relieved from all liability to the plaintiff in respect to the articles so seized and the sheriff shall forthwith reistore the same to the person from whose possession he took such articles. CO., c. 21, r. 425. OEDEE XXXVI. REPLEVIN. Recovery of g^oods unlawfully detained Property in custody of Court 426. In any action brought for the recovery of any personal 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 the delivery of the property to him on his complying with the following rules ; such writ shall be in form E in the schedule hereto with such variations as circumstances .may require; but nothing herein contained shall authorize the replevying any property seized by the sheriff or other officer charged with the execution of any process issued out of the Court. CO., c. 21, r. 426. Issue of writ of replevin Affidavit therefor 427. Writs of replevin shall be issued by the clerk of the Court upon the plaintiff or his duly authorized agent filing an affidavit naming the judicial district in which the property is and 1. Embodying a description of the property sought to be replevied and the value thereof to the best of the deponent's belief ; and that the person claiming is the owner or is entitled to the possession of the said property ; 2. Further stating if replevin is sought in the case of pro- perty distrained for rent or damage feasant that the property was taken under colour of distress for rent or dama^i feamnt as the case may be; 3. Or in the case of property wrongfully taken out of the possession of the claimant or fraudulently got oht of his pos- session stating in addition to the particulars required byi clause 1 of this rule the time and the wrongful and fraudulent manner in which the same was taken or gotten out of his pos- 302 r. 429 (2) ■ juDicATUKE Cap. 21 97 session and such facts and circumstances as show that the claimant is entitled to the possession of the property ; 4. [Repmled.) 1901, c. 10, s. 6 ; CO., c. 21, r. 427. 428. Before the sheriff replevies he shall take a bond in R=pi«™b°°d double the. value of the property to be replevied as stated in the writ. The bond shall be assignable to the defendant by Assignment o the sheriff indorsing his name thereon and such indorsement shall enable the defendant to bring an action thereon in his own name against the parties who have executed it. The bond may be in form F in the schedule hereto with such variations ^°™ as circumstances may require and the parties to such bond Defendants shall be liable to the defendant and the defendant be entitled^ "^^^ to recover from them in such action as well the value of the property replevied as the amount of any judgment in his favour in the original action as also such damages as the de- fendant may have sustained by reason of the detention of the property replevied by means of the said writ. "CO., c. 21, r. 428. 429. A copy of such writ shall be served upon the defendant ^fj;g=°''"°'"' personally or if he cannot be found left at liis usual or last place of abode with his wife or some other grown up person being a member of his family or household or if no such person resident there posted in a conspicuous place on thd premises or if the defendant has no known residence posted up in the office of the clerk who issued the writ ; but such service or posting shall not be made until the sheriff has replevied the property described in the writ or such part thereof as can be secured or found ; and in case the said sheriff or other officer has good from sherisf reason to suspect that the property to be replevied or any part thereof is secured, contained or concealed in any, dwelling house, building or enclosure of the defendant or of any other person keeping or holding the same and the said sheriff or officer demands from the owner, occupier or other person in charge of the premises aforesaid deliverance of the said pro- perty and the same shall not be delivered upon such demand he may and if necessary he shall (but only between sunrise, and sunset) break open such premises and enter and search the same for the purpose of replevying the property demanded and if found therein replevy the same. [(2) The defendant or his agent (except in case of distress for rent or damage feasant) shall have the right to retain possession of the property described in the writ or any portion thereof if he shall give approved security to the sheriff in the form F (1) in the schedule hereto with such variations as cir- cumstances may require; such security shall be assigned on request to the plaintiff by the sheriff indorsing hisi nam* thereon; and such indorsement shall be sufficient to enable such plaintiffto bring action thereon in his own name against 303 98 Cap. 21 JUDICATURE the several parties who have executed such security.] c. 21, r. 429; 1901, c. 10, s. 7. r. 429 (2) CO., Sheriffs return to writ 430. The sheriff shall make a return to the writ to the clerk of the Court whence it issued and shall annex to the return— 1. The names, places of residence and occupation of the sureties in and the date of the bond taken from the plaintiff and the names of the witnesses thereto ; 2. The number, quality and quantity of the articles of pro- perty replevied and in case he has replevied only a portion of the property mentioned in the writ and cannot replevy -the residue he shall state in his return the articles which he cannot replevy and the reason why not. [3. If the property is retained by the defendant under sub- rule (2) of rule 429, the names, places of residence and occu- pation of the parties and the date of the bond taken from the defendant and the names of the witnesses thereto.] CO., c. 21, T. 430; 1901, c. 10, s. 8. ORDER XXXVII. INTERPIiEADER. Interpleader Cases in which relief granted Sheriffs interpleader claim to be 431. Relief by way of interpleader may be granted — 1 . Where the person seeking relief (^hereinafter called the ap- plicant) is under any liability for any debt, money, goods or chattels for or in respect of which he is or expects to be sued by two or more parties (hereinafter called the claimants) mak- ing adverse claims thereto ; 2. Where the applicant is a sheriff or other officer charged with the execution of process by or under the authority of the Court and claim is made to any property taken or intended to be taken in execution or attachment under any process or to the proceeds or value of any such property by — (a) Any person other than the person against whom the process issiued ; (b) Any landlord for rent ; (c) Any second or subsequent execution creditor claiming ■ priority over any previous judgment, execution, pro- cess or proceeding ; (d) The execution or attachment debtor claiming the benefit of any exemptions from seizure allowed by law. CO., c. 21, r. 431. [432. Where a claim is made to or in respect of any goods or chattels taken in execution under the process of the Couii it 304 r- 437 JUDICATURE Cap. 21 99 shall be in writing and upon the receipt of the claim the sheriff ■'" "^ting . or his officer shall forthwith give notice in writing thereof to J'y°e,"cu'(ion'' the execution creditor and the execution creditor shall within t^^"'"" '"" four days after receiving the notice give notice in writing to the sheriff or his officer that he admits or disputes the clailm. If the execution creditor admits, the title of the claimant and gives such notice he shall only., be liable to such sheriff or officer for any fees and expenses incurred prior to the receipt of the notice admitting the claim.] 1903,- 1st session, c. 8, s. 3. 433. Where the execution creditor does not in due time as 1^'^'?^';^"°' J ■ ill J.T 1 admitted or directed by the last preceding rule admit or dispute the title ?^^°'i^°"e'' of the claimant to the goods or chattels and the claimant does summons not withdraw his claim thereto by notice in writing to the sheriff or his officer the sheriff may apply for an interpleader summons to be issued and should the claimant withdraw his claim by notice in writing to the sheriff or his officer or the aba^'lonmen't execution creditor in like manner serve an admission of the "f'^r summons title of the claimant prior to the return day of such summons and at the same time give notice of such admission to the claimant the judge may in and for the purposes of the inter- pleader proceedings make all. such orders as to costs, -fees, charges and expenses as may be just and reasonable. CO., c. 21, r. 433. 434. The applicant must satisfy the Court or judge by affi- '^^"^/i,'" ''^ ' davit or otherwise — applicant 1. That the applicant claims no interest in the subject mat- ter 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 sub- ject matter into Court or to dispose of it as the Court or judge may direct. CO., c. 21, r. 434. 435. The applicant shall not be disentitled to relief by ^f^{^^^^^^^ reason only that the titles of the claimants have not a common origin but are adverse to and independent of one another CO., c. 21, r. '435. 436. When the applicant is- a defendant application for ^^^Ji5|^°" ^y relief may be made at any time after service of the writ of summons. CO., c. 21, r. 436. . 437. The applicant may take out a summons calling on the fppTS^''^ claimants to appear and state the nature and particulars of their claims and either to maintain or relinquish them. 0.0. , c. 21, r. 437. S 305 100 Cap. 21 JUDICATUEE r. 438 stay of action 438. If the application is made by the defendant in an action the Court or judge may stay all further proceedings in the action. CO., c. 21, r. 438. Order on summons Issue 439. If the claimants appear in pursuance of the summons the Court or judge may order either that any claimant be made a defendant in any action already commenced in respect to the subject matter in dispute in lieu of or in addition to the applicant or that an issue between the claimants be stated and tried and in the latter case may direct which of the claimants IS to be plaintiff and which defendant as also the time and place for the trial of such issue. CO., c. 21, r. 439. Summary disposal 440. The judge may if it seems desirable so to do dispose of the merits of their claims and decide the same in a summary manner and on such terms as may be just. CO., c. 21, r. 440. Question of law Special case 441. When the question is a question of law and 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. CO., c. 21, r. 441. Claimant not appearing or otherwise in default 442. If a claimant having been duly served with a sum- mons calling upon him to appear and maintain or relinquish his claim does not appear in pursuance of the summons or having appeared neglects or refuses to comply with any order made after his appearance the Court or judge may make an order declaring him and all persons claiming under him forever barred against the applicant and persons claiming under him but the order shall not affect the rights of the claimants as between themselves. CO., c. 21, r. 442. Appeal lies Decision otherwise £nal 443. Subject to the provisions of this order an appeal ^all lie to the Court en banc from the decision of the Court or a judge in any interpleader proceeding but subject to such ap- peal the decision of the Court or judge shall be final and con- clusive against the claimants and all persons claiming under them. CO., c. 21, r. 443. Order for sale of groods seized 444. When goods and chattels have been seized in execution or under attachment by a sheriff and any claimant alleges that he is entitled under a bill of sale or otherwise to the same by way of security for debt the judge may order the sale of the whole or a part thereof and direct the application of the pro- ceeds of the sale in such manner and upon such termS as may be just. CO., c. 21, r. 444. Sip°cS''"' . 445. The rules of Court in respect to discovery and inspec- tion shall with the necessary modifications apply in inter- 306 r. 449 JUDICATUKE (Jap. 21 101 pleader proceedings and the judge before whom the proceed ^^"'f^"^ ings are had may finally dispose of the whole matter of the interpleader proceedings including all costs not otherwise pro- vided for. CO., c. 21, r. 445. 446. In case the sheriff has more than one writ at the suit wleietererai or instance of different parties against the same property it ^"^^'ions un j.1. Pin 1 "m r r J against same snail not be necessary for the sheriff to make separate applica- property tions on such writs or in each case; but he may make one application and make all the parties who are execution credi- tors 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. CO., c. 21, r. 446. 447. Pending the adjudication of any such claim the sheriff ^ropIrt''°o may upon sufficient security being given to him by bond or "^^l^^"^ otherwise for the forthcoming and delivery to him of the pro- adjudkation periy go taken or the value thereof when demanded permit the claimant to retain the 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 such bond or security. Horses, cattle, sheep or any perishable ^^^''^^^^ci^'jjf goods the subject of interpleader may at the request of either goods party and upon his 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 days' notice of such sale unless any of the articles are of such a nature as not to admit of delay in which case they may be sold forthwith. O.O., c. 21, r. 447. 448. The Court or a judge may in and for the purposes of ^"jfermauers any interpleader proceedings make all such orders as to costs and all other matters as may be just and rea^nable. C.O., c 21, r. 448. OEDEE XXXVIII. SALES OF LAND, PARTITION, ETC. 449. If in any cause or matter relating to any real estate it court may shall appear necessary or expedient that the real estate or any reafes'tat'e" part thereof should be sold the Court or a judge may order the same to be sold and any party bound by the order and in post- session of the estate or in receipt of the rents and profits there- of shall be compelled to deliver up such possession or receipt to the purchaser or such other person as may be thereby directed. CO., c. 21, r. 449. ^07 102 Cap. 21 JUDICATURE r. 450 Mode of carrying- out sale, mortgag"e, etc. when ordered by Court 450. In all cases where a sale, mortgage, partition or exchange is ordered the Court or a judge Shall have power in addition to the powers already oxi sting, with a view to avoidV ing expense or delay or for other good reason, to authorize the same to be carried out — 1. By laying proposals beiore the judge in chambers for his sanction; or '^. By proceedings altogether out of Court, any moneys pro- duced thereby being paid into Court or to trustees or other- wise dealt with as the judge in chambers may order : Provided always that the judge shall not authorize the said proceedings altogether out of Court unless and until he is satisfied by such evidence as he shall deem sufficient that all persons interested in the estate to be sold, mortgaged, parti- tioned or exchanged are before the Court or are bound by the order for sale, mortgage, partition or exchange and every order authorizing the said proceedings altogether out of Court shall be prefaced by a declaration that the judge is so satisfied as aforesaid and a statement of the evidence upon which such declaration is made. CO., c. 21, r. 450. Sale by Court Approval of jiidge 451. Where a judgment or order is given or made whether in Court or chambers directing any property to be sold, unless otherwise ordered the 3ame shall be sold with the approbation of the judge to the best purchaser that can be got, the same to be allowed by the judge, and all proper parties shall join in, the sale and conveyance as the judge shall direct. CO., c. 21, r. 451. Ongrinatinsr 452. A mortgagee or mortgagor whether legal or equitable summonsfor .-j., i, ^_ ■ i ,-,^.^1 i foreclosure, etc. or any person entitled to or having property subject to a legal or equitable charge or any person having the right to fore- close or redeem any mortgage whether legal or equitable may obtain an originating summons returnable , in chambers for such relief of the nature or kind following as may by the summons be specified and as the circumstances of the case may require thaf^is to say : sale, foreclosure, delivery of pos- session by the mortgagor, redemption, reconveyance, delivery of possession by the mortgagee. CO., c. 21, r. 452. 453. The judge may upon such summons pronounce such judgment and make such orders as the case may require including orders vesting such property in such person or per- sons as may be found or declared entitled thereto for such estate or interest as may be requisite. CO., c. 21, r. 453. se/v°r '° ""^ '^^*' '^^^ persons to be served with the said summons shall be such persons aS under the existing practice would be the proper defendants to an action for the like relief as that specified by the summons. CO., c. 21, r. 454. 308 r. 459 juDicATUKE Cap. 21 103 455. The judge may direct such other persons to be served ^^^^^ °" with the summons as he may think fit. CO., c, 21, r. 455. er persons 456. The application shall be supported by such evidence as ^^>'^?''i^ the judge may require and directions may be given as he may questions think just for the trial of any questions arising thereout. [456a. In all proceedings before the Court or judge to recover the amount due under a mortgage whether such proceedings, be by way of action or by originating summons for the fore- closture or sale of the mortgaged property' on in any other way if the moneys secured by the mortgage are payable both as to principal and interest by monthly instalments for an inde- finite period dependent for its duration upon computations resulting from the investment of either the whole or a portion of such monthly instalments by the mortgagee the mortgagee shall if ordered by the Court or judge so to do before being en- titled to a judgment or to a final order for sale or foreclosure of the mortgaged premises produce to the Court or judge all the original books and accounts, papers and documents in ^°'''gf^°' connection with the loan and show therefrom how the amount required to -, r^ j-\ c\-t produce books claimed to be due on such mortgage is made up.] CO., c. 21, r. 456; 1901, c. 10, s. 9. 457. The judge may give any special directions touching f;P^=i?J„j the carriage or execution of the judgment or order or the service thereof upon persons not parties as he may think just. CO., c. 21, r. 467. OEDER XXXIX. MOTIONS AND APPLICATIONS. 468. Applications for summonses, rules and orders to shew Ex*aHr cause and applications authorized to be so made by these rules ^pp"""" '""^ may be made ex 'parte. Other motions in CoTirt shall be by oourt motions r.ftice of motion and other applications in chambers by sum- chamber mons except where otherwise specially provided. But ihe "'''^ 'p»''°"^ Court or judge if satisfied that delay caused by proceeding in the ordinary way would or might entail irreparable or serious Orders /Sari^ mischief may make any order ?a; -parie, upon such terms as to injurious costs or otherwise and subject to such undertaking if any as the Court or judge may think just ; and any party affected by Buch order may move to set it aside or to vary it. CO., c. 21, r. 468. 459. Every notice of motion or summons to set aside, remit Grounds to be or enforce an award or for attachment or committal or to cases strike off the rolls shall state in general terms the grounds of 309 104 Cap. 21 JUDICATURE r. 469 Service of affidavits Motions Length of notice Dismissal or adjournment where persons not served Adjournment of hearing- the application ; and where -any motion is made by notice a copy of any affidavit intended to be used shall be Served with the notice of motion. CO., c. 21, r. 459. 460. Unless the Court or a judge gives special leave to the contrary there must be at least two clear days between the service of a notice of motion and the day named in the notice for hearing the motion. CO., c. 21, r. 460. 461. If on the hearing of a motion or other application the Court or judge shall be of opinion that any person to whom notice has not been given ought to have or to have had such notice the Court or judge may either dismiss the motion or application or adjourn the hearing thereof in order that such notice may be given upon such terms if any as the Court or judge may thint fit to impose. CO., c. 21, r. 461. 462. The hearing of any motion or application may from time to time be adjourned upon such terms if any as the Court or judge may think fit. CO., c. 21, r. 462. Deciding- preliminary question 463. When on any application or motion in Court or cham- bers it appears to the judge desirable that any question of law or fact should be first determined before proceeding with the complete hearing of such application or motion the judge may direct such question to be first argued or determined upon such terms as to costs, adjournment and otherwise as he deems proper and upon the determination of such question the judge may either finally dispose of the motion or application or pro- ceed with a further hearing thereof as may be proper. CO.-, c 21, r. 463. Defendant not appearing to wnt Service on notice on 464. The plaintiff shall without any special leave be at lib- erty to serve any notice of motion or other notice or any peti- tion or summons upon any defendant who having been duly served with a writ of summons to appear has not appeared within the time limited for that purpose. CO., c. 21, r, 464. Service of notice of motion before appearance 465. The plaintiff may by leave of the Court or judge to be obtained ex parte serve any notice of motion upon any defen- dant along with the writ of summons or at any time after service of the writ of summons and before the time limited for the appearance of such defendant. CO., c. 21, r. 465. Enforcingf return of writ or order by sheriff 466. No order shall issue for the return of any writ or order or to bring in the body of any person ordered to be- attached, arrested or committed; but a notice from the person issuing the writ or obtaining the order for attachment, arrest, reple- vin or committal (if not represented by an advocate) or by his advocate calling upon the sheriff to return such writ or 310. r- 4:69 (2) JUDICATURE Cap. 21 105 order or to bring in the body within ten days, if not complied with shall entitle such person to apply for an order for the committal of such sheriff. CO., c. 21, r. 466. 467. Every order shall be dated the day of the month and Date of order, year on which the same was made, unless the Court or a judge shall otherwise direct, and shall take effect accordingly. CO., c. 21, r. 467. 468. Where an order has been made not embodvine any '^•"'j^'" °l^=" .,, .-^. .,. J b J need not be special terms nor including any special directions but simply ^rawn up enlarging time for taking any proceeding or doing any act or giving leave — (a) For the issue of any writ other than a writ of attach- ment; (b) For the amendment of any writ or pleadings; (c) For the filing of any document; or (d) For any act to be done by any of&cer of the Court other than an advocate; it shall not be necessary to draw up such order unless the Court or a judge shall otherwise direct; but the production of a note or memorandum of such order signed by a judge shall be sufficient authority for such enlargement of time, issue or amendment, filing or other act. A direction that the costs of such order shall be costs in any cause or matter .shall not be deemed a special direction within the meaning of this section. The advocate of the person on whose application such order is made shall forthwith give notice in writing thereof to such person if any as would if this rule had not been made have been required to be served with such order. ORDEE XL. APPLICATIONS IN CHAMBERS. I. — By Originating Summons. 469. Proceedings commenced by originating; summons in Proceedinei by ±l_r« /^n-TTi -Til 1 1 originating^ the supreme Court of Judicature m England may be so com;- summons menced under this Ordinance unless otherwise provided and proceedings by a landlord to recover possession of demised premises from an overholding tenant may be so commenced. [(2) The application for an originating summons shaU be supported by an affidavit of the plaintiff or some other person conversant with the facts verifying the facts on which thp plaintiff's claim is based.] CO., c. 21, r. 469; 1903, ist session, c. 8, s. 4. 311 iOU Sealing- and form Time for appearance Service Judgment on origmating summons Special directions as to judgment Cap. 21 jumcATUEE r. 470 470 An orieinating summons shall be sealed by the clerk and shall follow form G in the schedule hereto with such variations as may be approved by the ]Udge. O.U., c. Zi, r. 470. 471 Unless otherwise ordered there shall be at least ten clear days between the service and return of an originating summons. CO., c. 21, r. 471. [472. All the- rules relating to service of a writ of summons on a defendant whether personal or substitutional and whether within or without the jurisdiction shall apply to the service of an originating summons and any order heretofore made per- mitting service of any originating summons upon a defendant without the jurisdiction or permitting substitutional service upon a defendant shall be deemed to be good and valid if an order permitting service of a writ of summons under the same circumstances and in the same manner would have been good and valid.] 1902, c. 5, s. 3. 473. Upon proof by affidavit of the due service of the origi- nating summons or on the appearance in person or by advocate of the parties served the judge may pronounce such judginent as the nature of the case requires. CO., c. 21, r.^73. 474. The judge m.vy giv.' any special directions touching the carriage or execution of the judgment or the service thereof upon persons not parties as he may think just. CO., c. 21, r. 474. 11. — Generally. Service of chamber summons 475. Every summons except an originating summons shal^ be served two clear days before the return thereof unless in any case it shall be otherwise ordered. CO., c. 21, r. 475. Proceeding exparte where party tihl. to attend 476. AVhere any of the parties to a summons fail to attend whether upon the return of the summons or at any time ap- pointed for the consideration or further consideration of the matter the judge after waiting thirty minutes may allow the case to proceed ex parte if considering the nature of the cas0 he thinks it expedient so to do ; no affidavit of non-attendance shall be required or allowed but the judge may require such evidence of service as he. may think just. CO., c. 21, r. 476. Reconsideration ot ex parte proceedings Costs 477. When the case has been allowed to proceed ex parte such proceeding shall not in any manner be reconsidered unless the judge shall be satisfied that the party failing to attend was not guilty of wilful delay or negligence; and in such case the costs occasioned by his non-attendance shall be in the discretion of the judge who may fix the same at the 312 r. 481 (5) JUDICATURE Cap. 21 107 time and direct them to be paid by the party or his advocate before he shall be permitted to have such proceeding recon- sidered or make such order as to such costs as he may think just. CO., c. 21, r. 477. 478. When a proceeding in chambers fails by reason of the J'^cMding j_, 1 P ' ' . tailing by non- in-attendance oi any party and the judge does not think it attendance expedient to allow ex parte proceedings the judge may order' such an amount for cosrts if any as he shall think reasonable to be paid to the party attending by the absent party or by his advocate personally. CO., c. 21, r. 478. 479. When matters in respect of which summonses have fi^"oTe°d"of °' been issued are not disposed of upon the return of the aum- {^.t^^""' mons the parties shall attend from time to time without fun- attendance ther summons at such time or times as may be appointed for the consideration or further consideration of the matter. CO., c. 21, r. 479. 480. A judge in chambers shall have jurisdiction to hear lY^^f^e"" and determine any application or motion, except where it is chambers by this Ordinance or these rules otherwise provided, that may be heard and determined by a single judge or which by the practice and procedure in the Supreme Court of Judicature in England may be heard and determined by any judge in chambers, master or chief clerk. CO., c. 21, r. 480. III. — Administration and Trusts. 481. The executors or administrators of a deceased person Originating iT summons or the sureties for administrators and the trustees under any relating to ■^ express trusts deed or instrument or any of them and any person claiming or administra- to be interested in the relief sought as creditor, devisee, lega- ofdeceased tee, next of kin or heir at law of a deceased person or as '"'™" cestui que trust under the trust of any deed or instrument or as claiming by assignment or otherwise under such creditoT or other person as aforesaid may, obtain an originating sum- mons returnable before the judge in chambers at such time as he may appoint, for — 1. The administration of the estate of the deceased ; 2. The administration of the trust ; 3. The determination of any question affecting the rights or interests of the person claiming to be creditor, devisee, legatee, next of kin or heir at law or cestui que trust; 4. The ascertainment of any class of creditors, legatees, devisees, next of kin or others ; 5. The furnishing and vouching of any particular accounts by executors, administrators or trustees; 313 108 Cap. 21 JUDIOATUEE r. 481 (&) Staying- actions pending- performance of trusts Interference with discretion of trustee 6. -The payment into Court of any money in the hands of executors, administrators or trustees ; 7. Directing the executors, administrators or trustees to do or abstain from doing any particular act in their character as executors, administrators or trustees; 8. The approval of any sale, purchase, compromise or other transiaction ; 9. The determination of any question arising in the ad- ministration of the estate or trust ; 10. An order that no action be brought or that all actions and proceedings pending against trustees, executors or admin- istrators be" stayed for such period as to the said judge may seem necessary or expedient in order that sufficient time be alL lowed to such trustee, executor or administrator for the per- formance of the trusts imposed upon him; provided however that any creditor or other person interested in such estate may apply before the expiration of such time for an order dis- continuing such stay : Provided that the proceedings under this rule shall not in- terfere with or control any power or discretion vested in any executor, administrator or trustee except so far as such inter- ference or control may necessarily be involved in the parti- cular relief sought. CO., c. 21, r. 481. Service of summons Newspaper notice 482. The persons to be served with the summons under the last preceding rule shall be such persons as would be the proper defendants to an action for the like relief as that speci- fied by the summons and the summons shall be served upon such other persons as the judge may direct and the intended hearing may also be advertised in one or more new^apers as the judge may order. CO., c. 21, r. 482. Evidence 483. The application shall be supported by such evidence as the judge may require. CO., c. 21, r. 483. Judgment on summons 484. Upon the return of the summons the judge may pro- nounce such judgment and make such orders as the nature of the case requires. CO., c. 21, r. 484. Special directions 485. The judge may give any special directions touching the carriage or execution of the judgment or order or the ser- vice thereof upon persons not parties as he may think proper. C.O., c. 21, r. 485. Administration not to be ordered if questions otherwise determinable 486. It shall not be obligatory on the Court or judge to pro- nounce or make judgment or order whether on summons or otherwise for the administration of any trust or of the estate of any deceased person if the questions between the parties can be properly determined without such iudgment or order CO., c. 21, r. 486. 314 r. 491 j^QDicATURE Cap. 21 109 487. Upon an application for administration or execution Jo^^rjof . . jj ^ I'l 1 /»• Court it adminis- oi trusts by a creditor or beneficiary under a will, intestacy or tration or trust deed of trust where no accounts or insufficient accounts have ?eSde"ed " been rendered the Court or a judge may in 'addition to the powers already existing : (a) Order that the application shall stand over for a cern tain time and that the executors, administrators or trustees! in the meantime shall render to the appli- cant a proper statement of their accounts with an intimation that if this is not done they may be made to pay the costs of the proceedings ; (b) When necessary to prevent proceedings by other creditors or by persons beneficially interested make the usual judgment or order for administration with a proviso that no proceedings are to be taken under such judgment or order without leave of the judge in person. CO., c. 21, r. 487. 488. Any of the following applications may be made by Appointment ./ o JTX . ^ 'J or new trustee originating summons : »nd vesting ° & order 1. An application for the appointment of a new trustee with or without a vesting or other consequential order; 2. An application for a vesting order or other order con- sequential on the appointment of a new trustee whether the appointment is made by the Court or a judge or out of Court. CO., c. 21, r. 488. 489. Whenever in an action for the administration of the Saie ordered •estate of a deceased person or execution of the trusts of a property written instrument a sale is order of any property vested in any executor, administrator or trustee the conduct of such fa°e'^'"'' °^ ■sale shall be given to such executor, administrator or trustee unless the judge shall otherwise direct. CO., c. 21, r. 489. 490. The judge may in such way as he may think fit obtain judge may the assistance of accountants, merchants, engineers and other assistance scientific persons the better to enable any matter at once to be °^ <="?=■■'= determined and he may act upon the certificate of any such person. CO., c. 21, r. 490. 491. Where a judgment or order is given or made directing claimants not an account of debts, claims or liabilities or an inquiry for p?"ve^ "" '° heirs, next of kin or other unascertained persons unless other- ""''"'''^ wise ordered all persons who do not come in and prove their claims within the'lime wliich may be fixed for that purpose by advertisement shall be excluded from the benefit of the judgment or order. CO., c. 21, r. 491. 315 llfl Cap. 21 JUDICATURE r. 492 Advertisement of time for proof of claims Sigfnature of notice Persons not proving: claims within time excluded Application by trustee etc,, for opinion and direction of Court Exoneration of trustee, etc. Fraud or concealment 492. The Court or judge may direct that notice of the time so fixed shall be given by publishing an advertis'eriient there- of in some newspaper or newspapers in the Territories as the Court or judge may direct and unless otherwise directed no other notice thereof or service shall be necessary. CO., c. 21, r. 492. 493. Such notice if the order is made by the Court shall be signed by the clerk as the officer of the Court ; if made by a) judge it shall be signed by him. CO., c. 21, r. 493. 494. Upon such notice being duly published and such other notice given or published or served as the Court or judge may direct, all persons who do not come in and prove their claims within the time so fixed shall be excluded from the benefits of the judgment or order. CO., c. 21, r. 494. 495. Any trustee, executor or administrator may without the institution of a suit upon a written statement verified on oath apply to a judge in chambers for the opinion, advice or direction of such judge on any question respecting the management or administration of the trust property or the assets of any testator or intestate, notice of such application, to be served upon or the hearing thereof to be attended by all persons interested in such application or such of them as the said judge shall think expectient and the said trustee, executor or administrator acting upon the opinion, advice or direction given by the said judge shall be deemed so far as regards his own responsibility to have discharged his own duty as such trustee, executor or administrator in the subject matter of the said application : Provided nevertheless that nothing in this rule shall extend to indemnify any trustee, executor or administrator in respect of any act done in accordance with such opinion, advice or direction as aforesaid if such trustee, executor or administra- tor shall have been guilty of any fraud or wilful concealment or misrepresentation in" obtaining such opinion, advice or direction. CO., c. 21, r. 495. IV. — Guardian ad litem. Infant or person of unsound mind Guardian ad litem 496. At any time during proceedings at chambers under any judgment or order the judge may if he shall think fit ap- point a guardian ad litem for an infant or person of unsound mind not already so found who has been served with notice of such judgment or order. CO., c. 21, r. 496. Consent to dischargre of order V. — Varying Orders. 497. The judge may set aside, vary or discharge any order made by him on consent of all parties interested. CO., c. Si, . r. 497. 316 r, 603" JUDICATURE Cap. 21 111 ORDEE XLI. COURT EN BANC. 498. The Supreme Court shall .sit en banc at such times and sittings of places as the Lieutenant Governor in Council appoints. The sittings may be adjourned from time to time as may be neces- sary. CO., c. 21, r. 498. 499. If on any of the days appointed for the sittings of the i^*^"q3,^:;f Court en banc or adjournments thereof a sufficient number of judges to constitute a quorum have not arrived the senior judge present shall make such adjournment as he may think proper. CO., c. 21, r. 499. 500. No judgment given or order made by the Court or a ^"ffe"t'orTs judge by the consent of parties or as to costs only which by ^° '^^^^ "" law are left to the discretion of the Court or judge shall be without leave subject to any appeal except by leave of the Court or judge giving the judgment or making the order. CO., c. 21, r. 500. 601. No appeal shall lie from the judgment or order of the {^'11^^^°'' Court presided over by a single judge or a judge of the Court to the Court en banc without the special leave of the judge or ' Court whose judgment or order is in question unless the title to real estate or some interest therein or the validity of a patent is affected or unless the matter in controversy on the appeal exceeds the sum of two hundred dollars exclusive of coats ; or unless the matter in question relates to the taking of an an- nual or other rent, customary or other duty or fee or a like demand of a public nature or general nature affecting future rights. CO., c. 21, r. 501. 502. No security for costs shall be required in application^ |,"""S for new trials or appeals or motions in the nature of appeajls unless by reason of special circumstances such security i'9 ordered by a judge upon application to be made within fifteen days from the service of the' notice of motion, application or appeal. CO., c. 21, r. 502. 503. Motions for new trials, appeals and motions in the Appeal or nature of appeals shall be brought by notice of appeal andj new trial any party appealing may by the same notice appeal and in the alternative ask for a new trial. In motions for new trials, appeals. or motions in the nature of nppcols (lie (ifipel- lant may, by the notice of appeal, appeal from the whale or any part of the verdict, judgment or order and the notice of appeal shall state whether the whole or part only of such verdict, judgment or order is complained of and in^the latter contents case shall , specif y such part; and such notice 0,f appeal shall" "°""' 317 112 Cap. 21 JUDICATUEE r. 503 Time for service of notice state the grounds on which such application is based. CO., c. 21, r. 503. 504. The notice of appeal shall be served within 30 days after the verdict where the application is for a new trial and within 30 days after judgment in other cases but the Court or judge may either before or after the expiration of such period enlarge the time for giving notice, provided that in appeals for interlocutory orders the notice of appeal shall be served within 15 days from the date of the order but the Court or jadge may in like manner enlarge the time for giving such notice. CO., c. 21, r. 504. Amendment of notice 605. The notioe may be amended at any time by leave of the Court or judge on such terms as the Court or judge thinks just. CO., c. 21, r. 505. Service of notice of appeal Parties to appeal 506. In appeals or motions in the nature of appeals the| notice of appeal shall be served on all parties directly affected by the appeal and it shall not be necessary to serve parties not so affected; but the Court may direct notice of the appeal to be served on all or any parties to the action or other proceed- ing or upon any person not a party, and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as may be just and may give such judgment and make such order as might have been given or made if the persons served with such notioe had been original parties. C.O., c. 21, r. 506. General poweri of Court on appeal New trial no to be granted .unless 607. On appeal the Court shall have in addition to all ihe- powers and duties as to amendment, full discretionary powers to receive further evidence oh questions of fact as to matters which have occurred after the date of the decision from which the appeal is brought by affidavit or by deposition taken be- fore an examiner or commissioner ; such further evidence shall be admitted on special grounds only and with the special leave of the Court. The Court shall have power to draw in- ferences of fact and to give any judgment and make any order which ought to have been made and to make such fur^ ther or other order as the case may require. The powers aforesaid may be exercised by the Court notwithstanding that the notice of appeal may be that part only of the decision may be reversed or varied and such powers may also bel exercised in favour of all or any of the respondents or parties although such respondents or parties may not have appealed from or complained of the decision. The Court shall have power to make such order as to the whole or any part of the costs of the appeal as may be just. CO., c. 21, r. 507. 608. A. new trial shall not be granted on the ground of mis- direction or of the improper admission or rejection of evidence 318 r. 614 JUDICATURE Cap. 21 113 or because the verdict of the jury was not taken upon a ques- substantial tion which the judge at the trial was not asked to leave to miscarriage them unless in the opinion of the Court to which the applica- tion is made some substantial wrong or miscarriage has been thereby occasioned in the trial ; and if it appear to such Court that such wrong or miscarriage affects part only of the mattetr in controversy or some or one only of the parties the Court may give final judgment as to part thereof or some or one only of the parties and direct a new trial as to the other part only or as to the other party or parties. CO., c. 21, r. 508. 609. A new trial may be ordered on any question whatever New trial on ^ -, J ^ any one be the grounds for the new trial without interfering with the question decision or finding upon any other question. CO., c. 21, r. 609. 510. When notice of motion for a new trial or notice of ap- ^^ftiy^''"" peal has been served the further proceedings on the verdict, p™^^^'^'"^* finding, order or judgment may be stayed in whole or in part ^pp^^i until the decision or such motion or appeal by the Court or by the judge who presided at the trial on such terms as th® Court or judge may think fit. CO., c. 21, r. 510; 1903, 1st session, c. 8, s. 5. 51ir When any question of fact is involved in an appeal or ^"''^^5'^';°" application for a new trial the evidence taken in the Court be- question of low or by the judge appealed from, bearing on such question shall subject to any special order be brought before the Court as follows : 1. As to any evidence taken by affidavit, by the production of copies of such affidavits ; 2. As to any evidence given orally, by the production of copies of the judge's notes or such other material as the (Jo art may deem expedient. CO., c. 21, r. 511. 512. No interlocutory order or rule shall operate so as to interlocutory bar or prejudice the Court from giving such decision on the prefudfce appeal as may be just. CO., c. 21, r. 612. ^''""^ 613. No notice of appeal shall operate as a stay of execution Appeal not - or of proceedings under the decision appealed from or objected proceldm^s to except 30 far as the judge appealed from or the Court may order and no intermediate act or proceeding shall be invali- dated except so far as the Court ' may direct. Such deposit security or other security shall be made or given as may be directed by the Court or judge otherwise the motion of appeal shall not be heard but be dismissed. CO., c. 21, r. 613. 614. Where any application ought to be made to or any Applications jurisdiction exercised or any act done by the judge by whom a judgf who''^''^ 319 114 Cap. 21 JUDICATURE r. 5M tried the action cannot hear them cause or matter has been tried or heard if such judge die or cease to be a judge of the Court or if for any other reason it shall be impossible or inconvenient that such judge should act in the matter the presiding judge may either by a special order in any cause or matter or by a general order applicable to any class of orders or matters nominate some other judge to whom such applications may be made or by whom such juris- diction may be exercised. CO., c. 21, r. 614. Appeals to be entered and motions made at first opportunity B15. 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 given if the cause or matter in which the same was made or given be not entered for argument on the first entry day after such notice or if the motion of which such notice has been given be not made when the cause or matter is called unless such default in the moving party be waived by the other parties interested or unless the Court shall otherwise order. CO., c. 21, r. 615. Single judg^e may deliver judgment of Court or of other judge 616. Any judge may deliver the judgment of the Court when authorized to do so by the judges en banc who heard the matter on which judgment is to be pronounced or may deliver the judgment of any other judge when authorized to do so by such other judge notwithstanding the absence of the judge or judges aforesaid. CO., c. 21, r. 616. ORDER XLII. COSTS. Costs generally in discretion of Cpurt Proviso as to trustees Costs where cause tried by jury I. — Generally. 617. Subject to the provisions of this Ordinance and the rules of court the costs of and incident to all proceedings in the Supreme Court including the administration of estates and trusts and compensation or allowance to any executor, ad- ministrator, guardian, committee, receiver or trustee shall be in the discretion of the Court or judge: Provided that nothing herein contained shall deprive an executor, administrator, trustee or mortgagee who has not un- reasonably instituted or carried on or resisted any proceedings of any right to costs out of a particular estate or fund to which he would otherwise be entitled : Provided also that where any action, cause, matter or issue IS tried with a jury the costs shall follow the event unless the judge by whom such action, cause, matter or issue is tried or the Court shall for good cause otherwise order. CO c 21 r. 617. ",' ■ ' 320 r. 523 JUDICATURE Cap. 21 115 518. When issues in fact and law are raised upon a claim Costs of issues or counterclaim the costs of the several issues respectively both in law and fact shall unless otherwise ordered follow the went. CO., c. 21, r. 618. 519. Where the Court or judge appoints an advocate to be ^dvo^^te guardian ad litem of an infant or person of unsound mind the f "j'^*^" ""^ Court or judge may direct that the costs to be incurred in thei perfotacaance of the duties of such office shall be borne and paid by the parties or some one or more of the parties to thei 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 re- payment or allowance of costs as the justice and circum- stances of the case may require. CO., c. 21, r. 5l9. II. — Security for Costs. 520. When the plaintiff in an action resides out of the Summons for -Territoriesi and in any other case where by the practice and Ssts"'^ "^ procedure in England a defendant is entitled lo security for costs and the defendant by affidavit of himself or his agent , alleges that he has a good defence on the merits to the action the defendant shall be entitled to a summons to show cause why an order should not issue requiring the plaintiff within three months (or such other or further time as the Court or judge may deem right) from the service of the order to give security for the defendant's costs and staying all further proceedings in the meantime and directing that in default of - such security being given the action be dismissed with costs unless the Court or judge on special application for that pur- pose shall otherwise order. C.O., c. 21, r. 520. 521. In any cause or matter in which security for costs isTimeand^ required the security shall be of such amount and be given at giving security such times and in such manner and form as the Court or judge may direct, CO., c. 21, r. 521. 522. Where a bond is given as security for costs it shall un- ^^^^%^^''''' less 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. CO., c. 21, r. 522. III. — Taxation cmd Tariffs of Costs. 523. In all cases and proceedings as also upon interlocutory Taxation ot ;applications where a party becomes entitled to costs from any fump "um^^ other party the same shall be taxed by the clerk in accordance ""^'"^ with the authorized tariffa 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. 321: 116 Cap. 21 JUDICATURE r. 523a Taxations [623a. WheTO costs are to be paid or borne by another party and party qq costs aTB to be allowed which do not appear to the clerk to have been necessary or proper for the attainment of justice or defending the rights of the party. 623b. Between party and party the clerk shall not allow the Costs of unnecessary proceedings not gost of proccedings (a) Unnecessarily taken; (b) Not calculated to advance the interests of the party on whose behalf the same were taken; (c) Incurred through over caution, negligence or mis- take ; unless he is of opinion that such proceedings were taken by the advocate because in his judgment reasonably exercised they were conducive to tlie in- terests of his client. {2} Between solicitor and client the clerk may allow the costs of proceedings! taken as mentioned in the above clauses such Exceptions in case of taxation soiidtorandhis (o) and (c) of this rule where he is of the opinion that inc™rr^ it '^"^'^ proceedings were taken by the advocate because in his judg- atenotire^^' ment reasonably exercised they were conducive to the in- unnl?SS?f"^^ter&3ts of his client and may allow the costs of proceeds taken as mentioned in clause (b) where the same were taken by the desire of the client after being informed by his advocate that the same were unnecessary and not calculated to advance the interests of the client.] O.O., c. 21, r. 623; 1901, o. 10, s. 10. Sheriffs and clerk's fees 624. There shall be paid to each sheriff and clerk the fees prescribed by the judges of the Supreme Court; and for any necessary services performed for which fees are not so pr&- scribed, such fees as may be authorized by the judge. CO., c 21, r. 524. Cases where advocate may be deprived of or ordered to pay costs Notice of taxation 626. If in any case it shall appear to the Court or a judge that costs have been im.properly or without any reasonable cause incurred or that by reason of anj?^ undue delay in pro- 'leeding under any judgment or order or of any misconduct or default of the advocate any costs properly incurred have nevertheless proved fruitless to the person incurring the same the Court or judge may call on the advocate of the per- son by whom such costs have been so incurred to show cause why such costs should not be disallowed as between the tiavo- cate and his client and also (if the circumstances of the case shall require) why the advocate should not pay to his client any costs which the client may have been ordered to pay to any other person and thereupon may make such order as th^ justice of the case may require. 0.0. , c. 21, r. 625. 526. One day's notice of taxing costs together with a copy of the bill of costs and affidavit of increase if any shall be 322 r. 634: JUDICATURE Cap. 21 117 given by the advocate of the party whose costs are to be taxed to the other party or his advocate in all cases where a notice to tax is necessary. CO., c. 21, r, 526. B27. Notice of taxing costs shall not be necessary in any JfaSanZ case where the defendant has not appeared in person or by his n°t appeared advocate or guardian. CO., c. 21, r. 527. 528. Any party who may be dissatisfied with the allowance fo?''rey!ew"of or disallowance by the clerk in any bill of costs taxed by him '•'"'atmn of the whole or any part of the item or items may on two days' notice to the opposite party specifying the item or items objected to apply to a judge in chambers to review the taxa- tion. CO., c. 21, r. 528. 529. Such application shall be heard and determined by thefj^f^'"''"'' judge upon the evidence which shall have been brought in before the clerk and no further evidence shall be received unless the judge shall otherwise direct. CO., c. 21, r. 529. 530. A copy of the tariff of clerk's and sheriff's fees shall be '^^"'f^^.^^ posted in some conspicuous place in the clerk's and sheriff's offices respectively. CO., c. 21, r. 530. 531. Witnesses, jurors and interpreters and parties shall be jwl^'and entitled to the fees and remuneration named in the TaHff of feef"'"^ witnesses', jurors', and interpreters' fees appended to this Ordinance. CO., c. 21, r. §31, 532. All fees and allowances respectively payable under the ^''^dvanre '^ said tariffs whether under writs of execution or otherwise shall be paid in advance by the parties at whose instance the service is to be rendered but in cases where the amounts are Deposit where , _ unascertainabie impossible of ascertainment for any reason then the amount approximated by the officer or fixed by the judge shall be deth posited or paid to be accoanted for when the correct amount as ascertained. CO., c. 21, r. 532. 533. In all causes and matters in which duly enrolled advo- Advocates' fees cates holding certificates as such and resident in the Terri- tories are employed they shall be entitled to charge and be al- lowed such fees as may be from time to time prescribed by the judges of the Supreme Court. CO., c. 21, r. 533. 534. The Court en banc may by order regulate fees for ser- Fees in court vices performed by the registrar and other officers of the "" Court as also fees to counsel and advocates practising therein. CO., c. 21, r. 534. 323 118 Cap. 21 JUDICATURE OEDEE XLIII. r. 635 MISCELLANEOUS. I. — Forms. Forms 535_ The forms contained in the schedule to this Ordinance .shall be used with such variations as circumstances may re- quire; and as to all other matters the forms used in the ad- ministration of civil justice in England with such variations as will make them respectively applicable to proceedings in the Supreme Court of the Territories whether en banc or other- wise may be used. CO., c. 21, r. 535. II. — Actions against Public Officers. Venue Limitation 536. All actions and prosecutions to be commenced against tiny 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 commenced within six months after the act was committed and not otherwise. CO., c 21, r. 536; 1903, 1st session, c. 8, s. 6. £x parte proceedings Notice may be required III. — Ex parte ProceKdings; Noncompliance; and Irregu- larities. 537. In case of ex parte proceedings the judge may refuse' to proceed ex parte and raay direct such notice to be given by summons or otherwise to such party or parties as he may deem fit. CO.. c. 2J , r. 537. Non-_ compliance, effect of 538. Non-compliance with any of the provisions of this Or- dinance shall not render any proceedings void unless the Court or a judge shall direct but such proceedings may be set aside either wholly or in part as irregular or amended or otherwise dealt with in such manner and upon such terms as the Court or judge may think fit. CO., c. 21, r. 538. Waiver of irregularity Grounds of irregularity to be stated 539. No application to set aside any proceeding for irregu- larity shall be allowed unless made within reasonable time aor if the party applying has taken any fresh step after know- ledge of the irregularity CO.. c. 21, r. 539. 540. When an application is made to set aside proceedings for irregularity the several objections intended to be insisted upon shall be stated in the summons or notice of motion. C.O., 0. 21, r. 540. Costs of summons 641. When a summons is taken out to set aside any, process or proceeding for irregularity with costs and the summons is 324 r- 547 JUDICATURE Cap. 21 119 dismissed generally without any special direction as to costs it is to be understood as dismissed with costs. CO., c. 21, r. 641. IV.— A Has Writs. 542. The expiry of any writs or process without service or^,oS°*^ execution shall not abate the suit but the suit may be con- ^''"^ "'' ^'""" tinned by the issue of alias or pluries writs or process as may be necessary. CO., c. 21, r. 542. V. — Sittings Adjourned. 543. Whenever from illness or other cause the judge who lolft^e"^^''''' should hold a sitting of the Court fails to attend at the time g^'^^p °f appointed therefor the clerk at three o'clock in the afternoon ae"ks' duties of the day so appointed shall adjourn such sitting by pro- clamation to some hour on the following day to be by him named and so on from day to day (but not exceeding three days) until the judge who is to hold such sitting as aforesaid is able to hold the same or until he receives other directions from such judge; but if after the expiration of the said period of three days the said judge has not arrived or be still unable to attend, the clerk shall unless he be otherwise directed ad- journ the Court to the next regular sitting of the same and report his action thereon to the Lieutenant Governor. CO., c. 21, r. 543. VI. — Time for Service. 64:4:. Service of pleadings, notices, summonses, orders, rules ^°^;^^^ *°/ and other proceedings except writs of summons, attachment pleadings, etc. and replevin shall be effected before six o'clock in the after- noon; service effected after six o'clock in the afternoon shall for the purpose of computing any period of time subsequent to such service be deemed to have been effected on the following day and if effected on Saturday, the following Monday. CO., c. 21, r. 644. 645. In any case in which any number of days not express- Reckoning ed to be clear days is prescribed in this Ordinance the same da^ ^"^ shall be reckoned exclusively of the first and incluisvely o^ the last day.' CO., c. 21, r.'645. ^46. Where any limited time less than six days from or where time - ^ , n J? 1 • limited under a,iter any date or event is appointed or allowed for doing any six days act or taking any proceeding the days on which the offices are excluded closed under the provisions of this Ordinance and the rules of Court shall not be reckoned in the com.putation of such limited time. CO., c. 21, r. 546. 647. Where the time for doing any act or taking any pro- J^oi^y""^ ceeding expires on a Sunday or other day on which the offices 325 120 Cap. 21 JUDICATUKE r, 647 are closed and by reason thereof such act or proceeding cannot be done or taken on that day such act or proceeding shall so far as regards the time of doing or taking the same be held to be duly done or taken if done or taken on the day on which{ the offices shall next be open. CO., c. 21, r. 547. abrw^/men"'" ^^^- '^^^ Court or a judge shall have power to enlarge or oftime abridge the time appointed by this Ordinance or the rules of Court or fixed by any order enlarging time for doing any act or taking any proceeding upon such terms if any as the justice of the case may require and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed. CO., c. 21, r. 548. VII. — Vacation. Period of "vacation Proceeding stayed during ^Exceptions 549. There shall be a vacation to extend from the first day of August to the thirtieth day of September inclusive of both days in each year. During vacation no contested business shall be transacted and neither party to a suit in which an 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 expired previous to the first day of August it shall without any order to that liffect stand extended until the expiration of five days after the last day of vacation : Provided that notice of motion to set down for trial may be given and heard during vacation. CO., c. 21, r. 549. 550. Nothing in the preceding rule contained shall prevent the issue of process or the transaction of any business which may be done ex parte or the entering of judgment by default in any suit in which no appearance is entered or the taxation of costs or interfere with the hearing during vacation of any cause or matter if a judge so directs nor shall this rule, iiffect the validity of any proceedings had or taken during vacation by order of the Court or a judge authorizing such proceedings to be had or taken notwithstanding the vacation. CO., c. 21, r. 650. 326 I. B67 JUDICATURE Cap. 21 121 PART II. Lunatics, Infants and Probate. OEDER XLIV. LUNATICS. 551. Proceedings in lunacy shall be by petition to the judge t^^j^]""^ filed with the clerk of the Court for that purpose verified on verification oath setting forth the grounds on which the application is made and the relation or connection of the petitioner to or with the alleged lunatic and his property and estate as also a description and value of the same separating real and per- sonal estate. CO., c. 21, r. 551. 552. Upon presentation of such petition the judge shall ap- "tftioT"^ point 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 shaD inquire into the facts and hear such evidence under oath as may be adduced and thereupon deter- mine whether or not the person who is the subject of the inquiry is at the time of such inquiry of unsound mind, haa property and is incapable of managing such property. CO., c. 21, r. 552. 553. A copy of such petition and notice of -the intended lu'^'S" °" application shall be served on the alleged lunatic unless such service be dispensed with by the judge. CO., c. 21, r. 553. 554. The judge may order the issue of a commission to take f^'^™|;'°„"J'' evidence to be used on any such hearing as in any ordinary suit in Court and all depositions taken thereunder shall be received in evidence at the hearing saving all just exceptions. CO., c. 21, r. 564. 555. In case the judge shall determine such person to be a ^^l°^^rdi't lunatic and that he has property the judge shall forthwith order the appointment under the seal of the Court of one ot more persons' as guardian or guardians to his estate. CO., c. 21, r. 556. 566. On every such inquiry the alleged lunatic if he be onunk"rc'°" within the jurisdiction of the Court shall be produced and examined by the judge unless such examination be dispensed with. C.O., c. 21, r. 556. 557. The judge may order ihe costs, charges and expenses Co»ts of and incidental to proceedings in matters of lunacy to be 327 122 Cap. 2.1 JUDICATURE r. 557 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. CO., c. 21, r. 657, Security by guardian Inventory Supplement- ary inventory Verification 558. In every case unless otherwise specially provided by order of the judge the following provisions shall be complied with : 1. The guardian of the estate [except in the case of the appointment of the public administrator and official guardian] shall before receiving his appointment furnish his own bond together with those of two or more persons approved of by the judge as sureties in double the approximate value of the per- sonal estate and of the annual value of the real estate lur duly accounting for the same once in each year or ofteiier if required by the judge or Court such bond to be (in form approved of by the judge) to the clerk of the Court and his successors in office or legal assigns, which bond shall be filed in Court ; 2. The guardian of the estate shall within six months after appointment file in Court a true inventory of the whole real and personal property and estate of the 'lunatic stating the income and profits thereof and setting forth the debts, credits and effects of the lunatic so far as the same have come to the knowledge of the guardian ; 3. If any property belonging to the estate be discovered after the filing of the inventory the guardian shall file a true account of the same from time to time as the same is discov- ered ; 4. Every inventory shall be verified by the oath of the guardian. CO., c. 21, r. 558; 1903, 1st session, c. 8, s. 7. Where personal estate insufficient for debts Petition for realization on realty Inquiry by jlidg-* Order for sale or mortgage 659. Whenever the personal estate of a lunatic is not suffi- cient for the discharge of his debts— 1. The guardian of his estate may apply by petition to the judge for authority to mortgage or sell so much of the real estate as may be necessary for the payment of such debts ; 2. Such petition shall set forth the particulars and amount of such estate (real and personal) of the lunatic, the applica- tion made of any personal estate, and an account of the debts and demands against the estate ; 3. The judge shall make or cause to be made inquiries into the truth of the representations made in the petition and hear all parties interested in the real estate; 4. 11 the judge is satisfied as to the result of such inquiries, that the personal estate is not sufficient for the payment of the debts and that the same has been applied to that purpose as far as the circumstances of the case render proper the judge may order the real estate or a. sufficient portion of it to be 328 r. 564 . JUDICATURE Cap. 21 123 mortgaged or sold by the guardian and the moneys thus raised shall be employed for the payment of the debts of the estate and if insufficient shall be distributed in the same way as in- testates' estates are distributed by law the guardian having guarfian first provided a bond with sureties similar in terms to that provided by paragraph (1) of rule 558 for duly accounting for the proceeds so raised. CO., c. 21, r. 569. > 560. When the personal estate and the rents, profits and Mortgage for income of the real estate of the lunatic are insufficient for his I^aint^cnanc?"^ maintenance or t"Eat of his family or for the proper educatioti °f^".^^'''= °'^ of his children or when for any other cause it shall appear desirable so to do on application made by the guardian or by any member of the family of the insane person the judge may after inquiry as hereinbefore provided in the case of debts order the mortgaging or sale of the whole or part of the real estate of the lunatic by the guardian the guardian having first provided a bond with sureties as required by the preceding ■ rule. CO., c. 21, r. 560. 561. The judge may order such fees to the clerk of the ^J,';^,'^ '«=' Court and costs of and relating to any petition, order, direction ^^^_^^.^^,^ and conveyance including remuneration to the guardian as he remuneration may consider reasonable to be paid and raised from the lands, rents or personal estate of the lunatic in respect of whom the same may be respectively incurred, made or caused. CO., c. 21, r. 661. 662. On sufficient grounds shown the judge may remove a R^^X^i^f guardian and appoint another in his stead. CO., c. 21, r. 662. 663. In the proceedings aforesaid the petitions and papers l"^'^^^^Zss may be intituled as follows : In the Supreme Court, Judicial District of In the matter of " ^ /^ oi Kca CO., c. 21, r. 663. ORDER XLV. INFANTS. I. — Guardians. 664. The Court or a judge thereof may appoint guardians ouardjanship of infants and of their estates (but unless the Court or judge thetlstltl^ shall otherwise order no guardian shall be appointed to the person or estate of any infant of the age of fourteen years or over without the consent of such infant) and letters of appoint- Letter»of_^^ ment may be obtained as in the case of letters of administra- 329 124 Cap. 21 JUDICATURE ^ r. B64 tion. A record of every appointment and removal shall be made and the like record thereof kept with the papers upon which the appointment and removal is made in like manner as near as may be as in. the case of probate and administra- tion. CO., c. 21, r. 564. Mother,m^ 5g5_ The Court or judge may upon hearing the petition of notwithLtandinr tho mothor of an infant whose father is dead appoint thfe appdntment mothcr Or somo other person to take the guardianship of thej by father person of the infant notwithstanding any testamentary pro- visions to the contrary or any appointment of another person Maintenance as guardiau by the father if it shall appear just and proper; of infant ^^^ ^^_^ ^^^^ ^^-^^ g^j^ ^j.^^^ f^j, ^j^g maintenance of the infant by the payment out of any estate to which the infant is or shall be entitled of such sum or sums of money from time to time as according to the value of the estate such Court or judge thinks just and reasonable. CO., c. 21, r. 565. Testamentan' 666. Th© Court or judge may give effect to the testamen- ■ ofSh"°may tary appointment of guardians by the mother of infant that of fatlfer" children either as respects the person or estate or one ax ^oth notwithstanding the previous appointment - of guardians by testament of the father of such infants upon petitions present- ed and facts proved, if it shall seem advisable and in the in- Maintenance torcst of tho Infauts to do SO; and make an order for thp main- tenance of the infants as in the last preceding rule mentioned. CO., c. 21, r. 5^7. ''^JardSns'tnd ^^^- Testamentary guardians and trustees may be removed trustees^ foj- propcr cause the same as other guardians and trustees. CO. ,c. 21, r. 567. General powers ^^^- ^^ ^^^ matters aud applicatious touching or relating j°^ Court or to the appointment of guardians, control or removal of guar- dians of any infants and the security to be given by such guardians or otherwise, the Court or judge shall have full power and authority to summon and order the attendance of witnesses and to order the examination of the same before the Court or judge and to order the production of deeds, writings and documents and generally to enforce all orders, decrees and judgments in such manner as shall seem expedient according to the practice and procedure of the Court in that behalf and in such manner as the Court or judge shall direct. CO., c. 21, r. 568. Appointment 569. Upou tho written application of any infant or the or g^uardian on-.^-. .^^ .^ notice to iriend or triends of any infant and upon notice thereof to the mother of such infant if living in the Territories the Court or judge may upon a proper case made out for that purpose appoint some suitable and discreet person or persons to be guardian or guardians of such infant. CO., c. 21, r. 569. 330 r. 572 JUDICATURE Cap. 21 125 670. There shall be taken from the guardian or guardians |u™^a^„'''' appointed by the Court [except in the caae of the appointment of- the public administrator and official guardian] a bond in the name of the infant or infants in such penal sum and with or without sureties as the Court or judge shall direct or approve having regard to the circumstances of each case; and such bond dhall bf conditioned that the said guardian or guardians shall and will faithfully perform the siaid trust and that he or they ; his or their executors or administrators shall and will when the said ward becomes of the full age of twenty- one years or whenever thereunto required by the Court ur a judge render to his or their said ward or his or their executory or administrators a true and just account of all goods, moneys, interest, rents and profits of property of such ward which have come or which might but for his or their default have come into the hands! of such guardian or guardians and that he or they shall and will thereupon without any delay deliver and pay over to the said ward or to his or her executors or adminis- trators the property or the sum or balance of money which may be in the hands of the said guardian or guardians belonging to such ward deducting therefrom and retaining a reasonable sum for the expenses and charges of the said guar- - dian or guardians ; and such bond shall be filed and recorded in the books in the office of the clerk of the Court but in cases 5?^^ •"= , ... dispensed with where the estate is of small value such bond or bonds may be dispensed with. CO., c. 21, r. 570; 1903, 1st session, c. 8, s, 8. 571. The guardian or guardians of the person of an infant f'^^^^^^""^ so appointed m.ay during the continuance of his or her guar- dianship in case the infant be under the age of fourteen years with the approbation of two justices of the peace and the con- sent of such ward or in ca^e the infant be not under the age of fourteen years then with the consent of the ward only place or bind him or her an apprentice to any lawful trade, profession or employment ; such apprenticeship in the case of males not extending beyond the age of twenty-one years and in the case of females not beyond the age of eighteen years or the mar- riage of the ward within that age. 0.0. c. 21, r. 571. 572. The Court or judge may on proper cause being shown ^^•^^^^^^^^.^ for that purpose discharge any such ward from the appren- ticeship in the last preceding rule mentioned and order the articles or instrument of apprenticeship to be delivered up to be cancelled or make such other order in respect of the master or apprentice or either of them as shall under the circum- stances appear to be proper and just and may also upon rea- sonable complaint made and sustained remove any guardian R™X^_;°f or guardians from his or their guardianship and if it shall appear necessary appoint another guardian or guardians in his or their 3tead. CO., c. 21, r. 572. 126 Cap. 21 JUDIOATUEE r. 573 Practice and procedure 573. The practice and procedure in respect of guardianship and all questions relating thereto shall conform as nearly as the circumstances will admit to the practice and procedure in England : Provided always that the Court or judge may in any case where the circumstances warrant it to save expenses vary the same. CO., c. 21, r. 573. IT. — Custody of Infants. Order tor access of mother Delivery to mother Maintenance and education Custody of infants generally 574. The Court or judge upon application by the mother of any infant being in the sole custody or control of the father thereof or of any other person by his authority or of any other person without his authority or of any guardian after the death of the father may make an order for the access of the mother to such infant at such times and subject to such regu- lations as the Court or judge thinks convenient and just; and if such infant be within the age of twelve years may make an order for the delivery of such infant into the custody and con- trol of the mother and there to remain for such time and under such conditions as the Court or judge shall prescribe; and in dealing with any such application the Court or judge may also make an order for the maintenance and education of such infant by payment by the father thereof or by payment out of any estate to which such infant may be entitled of such sum or sums of money from time to time as according to the pecuniary circumstances of such father or the value of such estate the Court or judge thinks just and reasonable. As a rule the father shall have the custody and control of his infant children but it shall be lawful for the Court or a judge on a proper case made for that purpose to order any infant child or children to be delivered into the sole custody and control of the mother on such conditions and subject to such regulations as the circumstances and facts of the case shall render proper, reasonable and just, wherever such child or children may be or under whatever authority or control they may have been placed, any law, usage or custom to the contrary notwith- standing. CO., c. 21, r. 574. Evidence on application 675. On the "investigation of the facts on any application mentioned in the preceding rule the Court or judge may en- force the attendance of any person before the Court or judge and take evidence under oath touching the matter of the ap- plication by rule or order made for tliat purpose and on failure of the person to attend for the purpose aforesaid, after notice of the rule or order in that behalf, the Court or judge may order that such person shall be committed for contempt of Court or may decide such application on affidavits received and filed or to be received and filed or on evidence taken viva voce and such affidavits. CO., c. 21, r. 675. 332 r. B81 JUDICATURE Cap. 21 127 576. All orders and rules made by a judge or by the Court ot'a°d^''r"'' under any of the preceding rules may in addition to all other remediesi be enforced by the judge or by the Court (according as the same shall be made by a judge or the Court) by attach- ment or process for contempt. C.Q., c. 21, r. 576. 677. No order directing that the mother shall have the ^"'J-tabie custody of or access to an infant shall be made in virtue of the l°l^^i^ °^ preceding rules in favour of a mother against whom adultery has been established or to whom the custody or control of an infant could not be safely confided on account of improper conduct or habits of life. CO., c. 21, r. 577. III. — Estate and Property of Infants. 578. When an infant is seized or possessed of or entitled to Disposition of ■"- property or any real estate in fee simple or for a term of years or otherwisie mfant under howsoever in the Territories and the Court or judge is of opin- ion that a sale, lease or other disposition of the same or any part thereof is expedient, necessary or proper in the interest of the infant or for the maintenance or education of the infant or that by reason of any part of the property being exposed to waste and dilapidation or to depreciation from any other cause satisfactory to the Court or judge, his interests requires or will be substantially promoted "By sach sale, lease or 'other disposi- tion the Court or judge may order the sale, letting for a term of years or other disposition of such real estate or any pare thereof to be made under the direction of the Court or judge or by the guardian of the infant or by any person appointed for the purpose in such manner and with such restrictions aa may seem expedierit and may order the infant to convey or demise or otherwise dispose of the estate as the Court or judge thinks proper. CO., c. 21, r. 578. 579. The application shall be made in the name of the Application, • • ^ ■ T I 1 11 L T °y whom infant by his next friend or by his guardian but shall not be ^^^^^^^ made without the consent of the infant if he is of the age of infant" ° seven years or upwards. CO., c. 21, r. 579. 580. When the Court or judge deems it convenient that a f^^^^^^^jf conveyance should be executed by some person in the place for infant of the infant the Court or judge may direct some other person in the place of the infant to convey the estate. CO., c. 21, r. 580. 581. Every such conveyance whether executed by the infant conveyance to or some person appointed to execute the same in his place shall be as effectual as if the infant had executed the same and had been of the age of twenty-one years at the time. CO., c. 21, r. 581. 333 128 Cap. 21 JUDICATURE r. 582 Disposition of 582. The moneys arising from any such sale, lease or other moneys raised ^.gp^g.^-^j^ gj^^j^ ^^ ^^Id out, applied and dispossd of in such manner as the Court or judge directs. CO., c. 21, r. 682. Moneys raised from land to devolve as land 583. On any sale, lease or other disposition so made the moneys so raised or the securities taken or the surplus thereof shall be of the same nature and character as the estate sold or disposed of and the heirs, next of kin or other representatives .■f the infant shall have the like interest in any surplus which may remain of the proceeds at the decease of the infant as they would in the estate sold or disposed of if no sale or other dis- position had been made thereof. CO. c. 21, r. 583. Incumbered estate Acceptance or permanent investment ot sum in lieu of incumbrance Where incumbrance of uncertain duration 584. If any real estate of an infant is subject to any incum- brance and the person entitled to such incumbrance consents m writing to accept in lieu of such incumbrance any gross sum of money which the Court or judge thinks reasonable or the perm.anent investment of a reasonable ^m of money in such manner that the interest thereof be made payable to the person entitled to such incumbrance during her or his life the Court or judge may direct the paymept of such sum or the investment of such other sum of money out of the proceeds or other disposition of the real estate of the infant : Provided always that it shall be competent for the Court or judge in any case where the estate of the infant is subject to any lien or incumbrance of uncertain duration to compute the rtasonable value of the same and to order the sale or other disposition of the estate of the infant freed or discharged from such incumbrance and direct the payment of the value of such incumbrance out of the proceeds of the sale or other disposition of the real estate of the infant.- CO., c. 21, r. 584. Appearance or infant in person on application Estate of infant may be conveyed by vesting- order 586. In any proceeding for the selling, letting or other dia- position of the estate of an infant it shall not be necessary that the infant shall appear in propria persona before the Court or judge unless so ordered ; but the ground of the pro- ceedings must be made out to the satisfaction of the Court or judge before the application is granted. CO., c. 21, r. 685. 586. In case of any sale or other dispositoin of any real estate of an infant under the provisions of these rules me interest and estate sold or otherwise disposed of may be con- veyed to the purchaser by the vesting order of the Court which shall be to all intents and purposes as effectual to pass the interest and estate so sold or disposed of as a conveyance diily executed as providedan these rules. CO., c. 21, r. 686. r. 690 JUDICATURE Cap. 21 129 ORDER XLVI. PROBATE AND LETTERS OF ADMINISTRATION. B87. The grant of probate of wills or letters of administra- °;th;n ^hich tionl shall be made by the Court in the judicial district in which ^^^^ ^pp''^'^ the testator or intestate was residing at the time of his death or in case of death outside the Territories the district within which the testator or intestate had at his death any property ; and shall have effect over the estate of the deceased in all parts Jffe"t'°"^' of the said Territories. CO., c. 21, r. 587. BBS. Every person to whom letters of administration or f^^^i^t^^tor guardianship are committed shall give a bond or bonds to the °^ euardian judge granting the same with one or more sureties as may be required by the said judge in such form and in such penalty as he may 'direct or in cases where the estate to be adminis- tered is of small value such bond or bonds may be dispensed with. Such security may be furnished by bond or agreement 'of -any guarantee company approved by the judge. (2) If in any case it is in the interests of the estate of a de- ff^^^^^^' ceased person that the same be forthwith administered or cases that some one other than the personal representative be appointed to administer- the estate the judge may on applica- tion with such notice if any as he may direct appoint ad administrator the public administrator or such other person as he 'deems proper and may in making such appointment dispense with the giving of security. CO., c. 21, r. 588. 589. Any person interested in the estate may by leave of the l^°^^f^"^ Court or judge institute proceedings in his own name on the bond or bonds^ without an assignment thereof to him. CO., c. 21, r. 589. 590. Where any probate or letters of administration or ^ncfflary ^ other legal document purporting to be of the same nature or [^]^!-„^i3f,^t;„„ an exemplification thereof granted by a court of competent jurisdiction in the United Kingdom or in any Province or Ter- ritory of the Dominion or in any other British Province is produced to and a copy thereof deposited with the clerk of the Supreme Court of the North-West Territories for any judicial district within the said Territories and the prescribed fees are paid as on a grant of probate or administration the probate or letters of adminiatration or other document aforesaid shall under the direction of a judge of the said Supreme Court be sealed by the said clerk with the seal of the Supreme Court of the North- West Territories for the judicial district for which the said clerk is appointed and shall thereupon be of the like fore© and effect in the Territories as if the same had been 335 130 Cap. 21 J UDICATUEE r. 590 Security on issue of ancillary probate, etc. originally granbed by the said Supreme Court and shall be subject to any order of the last mentioneid Court or any appeal therefrom as if the probate or letters of administration had been granted thereby. [2) The letters of administration shall not be sealed with the seal of the Supreme Court until a certificate has been filed under the hand of the registrar, clerk or other officer of thfe Court wherever the same issued that security has been given in a sum sufficient to cover as well the assets within the juris- diction of the said Court as the assets within the Territories or in the absence of such certificate until security is given to the judge as in the case of granting original letters of admin- istration. CO., c. 21, r. 590. Proceedings before probate to restrain waste 691. Before probate of a will or letters of administration of the personal estate and effects of a deceased person Ijiave been granted any person may institute proceedings to restrain any one committing waste by dealing or . intermeddling with the estate. When such proceedings have been taken in good faith for the preservation of the property the party instituting such proceedings shall be entitled to costs of the action unless the Court or judge shall otherwise order. CO., c. 21, r. 591. Administrator ad litem Direction of citations, summonses, etc. 692. Where no probate of the will of a deceased person or letters of administration to his estate have been granted and representation of such estate is required in any action or pro- ceeding in Court the judge may appoint the public administra- tor adniinistrator ad litem according as the case may require. CO., c. 21, r. 692. 693. Citations, summonses or notices issued by the Court or jadge in the exercise of probate jurisdiction may in the discre- tion of the judge instead of being directed to^'any person or persons by name be directed generally to the next of kin, creditors and other persons interested' in the estate. CO., c. 21, r. 693. Newspaper publication of citations, etc. 594. All citations, summonses or notices issued by the Court or judge in the exercise of probate jurisdiction may by order of a judge be published in such newspaper or newspapers published in the Territories as such judge may direct and for such time as he mav direct and in that case no other notice or service thereof shall be necessary unless the judge shall other- wise direct. CO., c. 21, r. 594. Order for creditors to send in claims 696. A judge may on the application of any executor or administrator or of any trustee grant an order for creditors and others to send in to the executor, administrator or trustee claims against the estate of the testator, intestate or the trust estate as the case may be together \\-ith a statement of the secu- 336 r. 696 (3) JUDICATURE Cap. 21 131 rities if any held by them within such time as the judge may fix and notice of such order shall be published in such news- Publication paper or newspapers as the judge may direct and the executor or administrator on the same being so published may at the expiration of the time so fixed be at liberty to distribute the assets of the testator or intestate or any part thereof and Sttatf"" the trustee may in like manner be at libertyto distribute the "'='•«=''■""• trust estate or any part thereof amongst the parties entitled thereto having regard to the claims of' which such executor, administrator or trustee has then notice and shall not be liable for the assets or any part thereof or the trust estate or any part thereof as the case may be so distributed to any person of whose claim such executor, administrator or trustee shall not have had notice at the time of the 'distribution of the said assets or trust estate or part thereof as the case, may be but nothing in this rule shall prejudice the right of any creditor or claimant to follow the assets or trust estate or any pari; luereof into the hands of the person or persons who may have received the same respectively. CO., c. 21 r. 595. ' 596. Every creditor or other person presenting or sending in dlkf,''^''°° °^ a claim to any executor, administrator or trustee shall verify the same by a statutory declaration and shall therein state whether he holds any security for his claim or any part there- of and shall give full particulars of the same ; and if such Security to be security is on the estate of the debtor or on the estate of a third '"''"^'^ ' party for whom such debtor is only secondarily liable he shall put a specified value thereon and the executor, administrator or trustee may either consent to the right of the creditor or person presenting the claim to rank for the claim after deduct- ing such valuation or he may require from the person present- ing the claim an assignment of th, security at the specified value to be paid out of the trust pronerty or estate when suf- ficient is realized therefrom and ia such case the difference between the value at which the security is retained by the executor, administrator or trustee and the iust amount of the * gross claim shall be the amount for which the creditor or other person shall rank in respect of the estate. (2) If a creditor or other person holds a claim based upon Security ^^ negotiable instruments upon which the debtor is only indirect- negotiabft *-> J- -,.-,•, I ''il instruments ly or secondarily liable and which is not mature or exigible such creditor or other person shall be considered to hold security within the meaning of this rule and shall put a value on the liability of the party primarily liable thereon as being his security for the payment thereof but after the maturity of such liability and its non-payment he shall be entitled to amend and revalue his claim. (3) In case a person presenting a claim holds security for emission to his claim or any part thereof and he fails to value such ™'"^ "'™"''' securitv as acquired by this Ordinance a judge of the Supreme T 337 132 Cap. 21 JUDIOATUEE r. 696 (3) Administrators to file accounts Application to pass accounts Court sitting in chambers may on summary application by the executor, administrator or trustee or by any other person interested in the trust property or estate, of which applica- tion three days' notice shall be given to such claimant, order that unless a specified value shall be placed upon sucn security and notified in writing to the executor, administrator or trustee within a time to be limited by the order such claim- ant shall in respect of the claim or the part thereof for which the security is held be wholly barred of any right to share in the proceeds of such trust property or estate ; and if a speci- fied value is not placed on such security and notified in writ- ing to the executor, administrator or trustee according to the exigency of such order the said claim or the said part as tiie case may be shall be wholly barred as against such trust property or estate. CO., c. 2i, r. 696. 597. Every administrator to whom letters of administration have been issued more than two years prior to the coming into force of this Ordinance shall forthwith and every administra- tor since or hereafter appointed shall within two years after the grant of letters of administration or such further time as the Court or judge may allow file in the office of the clerk of the Supreme Court in the district wherein the grant was made a statement and an account verified by his oath show- ing his administration of the estate and apply to the judge usually exercising jurisdiction in such district to have his accounts passed and allowed whereupon a summons may be issued calling upon the creditors, next of kin and all persons interested in the estate to attend the passing of the accounts. [ (2) Upon the passing of the accounts the judge may give such directions as to the remuneration of the administrator, the payment of debts or charges, and the distribution of the assets as to him may seem meet, and may direct the -payment into Court of any moneys to which any person under the age of twenty-one years or any person outside of the Territories is entitled.] CO., c. 21, r. 597; 1903, 1st session, c. 8, s. 9. Proceedings by public ' administrator 598. The public administrator may obtain an originating summons as plaintiff under rule 481 of this Ordinance as if he were a creditor or one of the next of kin of the deceased, upon obtaining special leave of a judge to do sp, which leave shall be granted by the judge ex parte upon his being satisfied by afiidavit or otherwise that it is expedient to grant it. CO., c. 21, r. 598. Action in which infant interested Public administrator to be served and be g^uardian ad litem 599. Whenever an action is brought or is pending in res- pect of any property or estate in which one or more infants is or are interested the writ and statement of claim shall be served on the public administrator in the judicial district in which the writ wad issued together with a statement giving 338 r. 601 JUDICATURE Cap. 21 133 the full name, age and address of such infarct or infants, his or their father, mother or guardian ; and the public adminis- trator shall be the guardian ad litem and shall enter an ap- pearance for such infant or infants and shall for all purpoSeis represent the infant or infants in such action. (2) It shall be the duty of the public administrator to make ^utie. all necessary or proper inquirieis, to take all necessary or proper proceedings and tO' protect and actively attend to the interests of the infant. (3) The costs of the guardian a,d litem shall be taxed a^ costs b^ween party and party and shall, subject to the discretion of the judge, generally be paid out of the estate. CO., c. 21, r. 699. 600. In any case in which it may appear desirable the Court PuWic or judge may appoint the public administrator guardian of ^^'Xl '^ °'^ ' the estate of any infant or of the estate of any lunatic. CO., s^^'^^'^" c. 21, r. 600. 601. The public administrators and all other executors Remuneration and administratorsf shall be entitled to such remuneration for admnistratots their services (in addition to the costs of the grant of the pro- bate or administration) as the judge may allow, to be charged against and deducted from the estate passing through their hands or to be paid by the successor of the public administra- tor out of the assets of the deceased ; and such remuneration shall be a first charge on the estate after payment of the costs of probate or administration, funeral and' testamentary ex- penses. C.O., c. 21, r. 601. 339 134 Cap 21 JUDIOATUEE PART III. Small Debt Procedure. r. 602 Claims for debt under $100 Entry of action Particulars ot claim Address of parties Issue of Summons Delivery of summons OEDER XLVII. 602. In all claims and demands for debt, whether payable in money or otherwise, where the amount or balance claimed does not exceed $100 the procedure shall, unless otherwisie ordered or allowed by a judge, be as follows : CO., c. 21, r. 602. 603. Every plaintiff when he enters an action with the clerk shall 'do so by leaving with him (by post or otherwise) a simple statement in writing (with a copy to file and one for each copy of writ desired) of the cause of action ; in the case of an account the particulars may be in the usual form of items of, an account or otherwise ; in the case of a bill, note or order a copy thereof shall be furnished and in the case of a claim under any other written instrument a copy shall be furnished or a concise statement of the purport or effect of it ^hall be given to the extent of exhibiting the grounds of action so that in each case it may be known or understood by a person of ordinary intelligence what the action is brought for and the clerk shall attach such statement to the Summons and shall attach to each copy of the summons a copy of such statement. CO., c. 21, r. 603. 604. The plaintiff shall also at the time he so delivers his statement to the clerk inform him of his post office address and of the full name of the defendant where practicable and also of his place of residence and post office address with asi much certainty and particularity as possible. CO., c. 21, r. 004. 605. Upon receipt of such claim and upon payment oi the proper fees therefor the clerk shall enter such claim in the procedure book to be kept by him for that purpose and shall issue a summons corresponding in substance with form H in the schedule hereto where the cause of action is within rule 610 hereof and with the form J in the schedule hereto where the cause of action is not within the said rule and shall make' out as many copies of the said summons as there are defen- dants. CO., c. 21, r. 605. 606. Upon the issue of the said summons the clork shall de- liver or transmit the same and the copies thereof with the copies of claim attached thereto to the plaintiff or as he may direct and shall attach to the original summons as many copies of the affidavit of service in form K in the schedule hereto as there are defendants in the said suit. CO., c. 21, r. 606. 340 r. 610 jumcATUEE Cap. 21 135 607. The summons shall be returnable — 1. Where the defendant resides in the judicial district from ^t",^/°f whence the summons issued, at the expiration of twenty days Summons from the service thereof ; 2. Where the defendant resides in any judicial district in the Territories other than that in which such summons issued, at the expiration of twenty-five days from the service thereof; 3. Where the defendant resides in any place in Canada outside the Territories or in the United States of America, at the expiration of thirty 'days from the service thereof ; 4. Where the defendant resides in any part of the United Kingdom at the etxpiration of- thirty days from the service thereof ; 5. In any of the above cases it shall not be necessiary to ob- tain an order for service out of the jurisdiction. CO., c. 21, r. 607. 608. After the service of the said summons upon the defen- Jl^rrfte" dant the plaintiff shall forthwith cause it to be returned to the service clerk accompanied by an affidavit of service thereof in the said form K. CO., c. 21, r. 608. 609. After the receipt of such summons with the affidavit of cierk to notify service thereof the clerk shall, after the expiration of the d'sput?entered time limited therein for appearance thereto, notify the plain- tiff or his advocate whether the defendant has( or has not en- tered a 'dispute to the same. CO., c. 21, r. 609. 610. In actions where the claim or demand is a mere ac-. j^^gment count or is ascertained by some instrument signed by the •>? ."Jefa"!* '^ o ./ or dispute defendant as a merchant s account, thel price of goods sold and delivered, a claim for work and services, money paid, money lent, rent, a promissory note, a bill, order, bond, covenant for the payment of money or other memorandum showing liability for the payment of a sum certain or which can be ascertained by computation and the defendant does! not ap- pear according to the writ of summons the clerk may upon the said summons being returned to him with an affidavit of the due service thereof, after the time for appearance has expired, sign judgment for the amount of the claim and costs against the defendant by entering in his procedure book the words " judgment against the defendant by default." stating the date of such entry and such entry shall be the judgment ^^^^^^.^^ of the Court in the cause and execution may issue and other lawful proceedings be taken thereon : Provided always it shall be competent for any judge on setting^aside application by the person feeling himself aggrieved by any '" ^"'™' such judgment to set aside the said judgment and to let the defendant in to defend the said action, or to Stay proceedings on such terms as to costs and otherwise as to him shall seem ju8t. CO., c. 21, r. 610. 341 136 ()a^. 21 JUDICATURE r. 611 Notice of dispute Set-off or counterclaim 611. If the defendant desires to defend any action or suit he' must cause a written dispute note in form L in the schedule- hereto to be delivered by post or otherwise to the clerk before the entry of judgment in which shall be stated briefly the nature or grounds of his defence and where a claim is disputed in part only he shall state what part thereof or the items he disputes. (2) The defendant shall in his notice of dispute give his post office address. • CO., c. 21, r. 611. 612. A defendant in any action may set off or set ^ up by way of counterclaim against this claim of the plaintiff any right or claim whether such set-off or counterclaim sound in damages or not; ^ch set-off or counterclaim shall have the same effect as if such relief were souglit in a cross-action so as to enable the Court to pronounce a final judgment in the s,ame action both on the original and on the cross^claim. CO., c. 21, r. 612. Setting down for trial Striking- out dispute, etc. Representation at trial 613. After the filing by the defendant of his dispute note the clerk shall inform the judge that such dispute is so filed and the judge shall thereupon set the case down for trial in chambers or such other place as the judge may deem expedient and at such time as to him may seem expedient : Provided however that this rule shall in no wise affect the right of the plaintiff to move to strike out the said dispute note and for judgment or in any way curtail the powers given under rule 620 hereof : Provided further that either party may be repre^nted on the trial in person by advocate or agent. CO., c. 21, r. 613. Notice of trial 614. Upon the time and place of trial of an action being so fixed by the judge the clerk shall notify each party to appear for trial and that in default of appearance thereat judgment may be given against him by default with costs; such notice of the time and place fixed for such trial shall be forwarded by registered post to the respective addresses given by them : Provided that if a defendant shall in his notice of dispute omit to state his post office address the notice to him shall be mailed to the address stated by the plaintiff as required by rule 604 hereof. CO., c. 21, r. 614. Application for postponement or change of place of trial Service of notices, etc. 615. At any time before the trial of the action either of the parties may on reasonable notice to the other party or at the trial without notice apply for a postponement of the trial or a change of the place fixed for the same and the judge may thereupon give such direction as to postponement or change of place of trial and as to costs as he may deem fit. (2) All notices, summonses to show cause and orders re- quired to be served upon any party to the action may, unless 64:2 r. 619 JUDICATURE Cap, 21 187 otherwise crdered by the judge, be served by mailing the same to him by registered post to the post of&ce address given by him to the clerk of the Court under the provisions hereof or if no such address has been given to his last known post office address. CO., c. 21, r. 615. 616. Unless the judge shall otherwise order, in case any suit action falling within the class provided for in this order id SoughTulfdor brought under the general procedure and the plaintiff sue- f^oSi™ or ceeds or in case in an action of debt brought under the general [IsTIhan fio procedure to recover over $100 the plaintiff recover less than that sum he shall recover only such costs as he would have re- covered had the action been brought under the provisions of this order and the defendant in any such action shall be en- costs titled to tax his costs of suit between advocate and client and so much thereof as exceeds the taxable costs of defence which would have been incurred had the proceedings been had under this order shall on entering judgment be set off and allowed by the clerk against the plaintiff's costs to be taxed or against the costs to be taxed and the amount of the judgment if it be necessary and if the amount of the costs so set off exceeds the amount of the plaintiff's judgment and taxed costs the defendant shall be entitled to judgment for the excess against the plaintiff. CO., c. 21, r. 616. 617. In every case where an action is defended and an Advocate's fees advocate is employed by the successful party the clerk in addi- tion to all other costs shall unless otherwise ordered by thg judge tax to the successful party an advocate's fee equal to ten per cent, of the amount of the judgment recovered if such fee is taxable to the plaintiff or equal to ten per cent, of the amount claimed by the plaintiff in the action if such fee is taxable to the defendant : Provided that in no case shall the fee so taxable be less than $1 and except as herein provided no other counsel or ad- vocate fee shall be taxable or payable as between party tvud party. CO., c. 21, r. 617. 618. There shall be paid to the clerk or deputy clerk and ciorks and sheriff or 'deputy sheriff respectively for their services in ^''"''^^ *^"'" actions and suits within the provisions of this order the fees pre- scribed by the tariffs of clerk's and sheriff's fees in The Small Debt Tariff contained in the schedule hereto. CO., c. 21, r. 618. 619. Witnesses and interpreters in actions and suits within witness and the provisions of this order shall be entitled to the fees and re- ■°''='-p'-^""- f<='=^ muneration set forth in The Small Debt Tariff contained in the schedule hereto and such fees shall be taxable to or againsit the successful party as the case may be to the same extent as they are taxable in other cases under this Ordinance : 343 138 Cap. 21 JUDICATURE r. 619 Cost of evidence by commission, ■tc. Adoption of gfeneral procedure PrEEcipe and indorsement unnecessary Informalities Provided that the judge may in any case direct the taxa- tion to either party of the reasonable costs and expenses of obtaining evidence by commission or otherwise. C.O., c. 21, r 619. 620. Except as to the matters specially provided for in this order the procedure or practice under the preceding orders and rules where not inconsistent herewith shall be adopted and ap- plied in actions brought under this order. CO., c. 21, r. 620. 621. It shall not be necessary upon the commencement of any proceeding or the issue of any process in actions coming under the provisions of this order for any party to file a praecipe nor shall it be necessary to indorse upon any such process the name of the person by whom or on whose behalf the same was issued. CO., c. 21, r. 621. 622. No proceedings under this order shall be deemed in- valid for informality provided the same are a substantial compliance with the requirements of this order as to such proceeding. CO., c. 21, r. 622, SCHEDULE. FORM A. {Rule 1.) WitiT OF Summons. In the Supreme Court of the North- West Territories. Judicial District of Between of {residence^ and Plaintiff, of {residence) Defendant. VICTORIA, {or name of the reigning Sovereign aig 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. To the above named defendant : You are notified that the plaintiff has entered an action against you in the above' named court for the recovery of the claim or demand a statement of which is filed' in court and annexed to this summons. 344 Sched. JUDICATURE Cap. 21 139 And you are [notified] that if you dispute the said claiin cither in whole or in part you do within 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 dish pute is based. And take notice that in default of your so doing the plaintiff may proceed in his said action and judgment may be given in your absence and without further notice to you. Issued at the day of A.D. 1 I.J., (L.S.) Clerk of the Court. MeSioranda to be Indorsed on Writ. N.B. — This writ is to be served within twelve months from the date thereof; or if renewed within six months from the day of the last renewal including the day of such date and not afterwards. This writ was issued by the plaintiff who resides at and (if residence over three miles from the clerk's office) whose " address for service " is at Or, This writ was issued by of advocate for the plaintiff whose " address for service " (if the advocate's office is over three miles from the clerk's office) is at O.O., c. 21, form A; 1901, c. 10, s. 11. FORM B. {Rule 355.) Writ of Execution. In the Supreme Court of the North- West Territories. Judicial District of Between of Plaintiff, and of Defendant. VICTORIA, (or the name of the reigning Sovereign as the case may be) by the Grace of GOD of the United King- 345 140 Cap. 21 JUDICATURE Sched. dom of Great Britain and Ireland, QUEEN (w as the case may be) Defender of the Faith, etc., etc., etc. To the Sheriff of the Judicial district ; You are commanded that of the goods {or lands as the case may be) of in the judicial district, you cause to be made dollars and cents which lately ky 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 court at together with this writ. Issued at this day of A.D. 1 I.J., (L.S.) Clerk of the Court. CO., c. 21, form B. FORM C. {Rule 384.) Qaknishee Summons. In the Supreme Court of the North-West Territories, Judicial District of Between of Plaintiff, and of Defendant, and of Garnisheev To the above named Garnishee : You are hereby notified that a suit has been entered in this court in 'which the plaintiff claims of the defendant the sum of as shown by his statement of claim filed in court a copy of which is hereto annexed (or You are hereby notified that the plaintiff has recovered a judgment in this court against the defendant for ) and it is alleged on affidavit filed that you are indebted to the isaid defendant. 346 Sched. JUDICATURE Cap. 21 141 And you are required within [twenty] days from the service hereof to [notify the clerk by statement] in writing wliether jr not there is any debt due or accruing due from you to the •defendant (or judgment debtor) and, if so, what debt and why you should not pay the same into court to the extent of the plaintiff's claim and costs. Issued at - this aay of A.D. 1 I.J., (L.S.) Clerk of the Court. {To be indorsed same as a Writ of Summons.) CO., c. 21, form C; 1901, c. 10, s. 12; 1902, c. B, s. 4. FOEM D. (Rule 417.) Weit op Attachment. In the Supreme Court of the North- West Territories, Judicial District of Between of Plaintiff, and of Lieiendant. VICTORIA, (or the name of thi reigning Sovereign as the cotefii mctty he) by the. Grace of GOU of the United Kingdom of Great Britain and Ireland, QUEEN {or as the case mcuy be), Defender of the Faith, etc., etc., etc. To the Sheriff of the Judicial district : You are commanded to attach, seize and safely keep all the personal estate, credits and effects together with all evidences of title, debts, books and book accounts or other documents, vouchers or papers belonging thereto or otherwise of the above named defendant to secure and satisfy the plaintiff the sum .of- with his costs of action and to satisfy the debt and demand of such other creditors of the said defendant as shall prosecute their claims to judgment and lodge executions with you the said sheriff within the time allowed by The Creditors' Relief Ordinance to entitle them to share in the distribution of the proceeds. And we command you the said sheriff that so soon as you shall have executed this writ you do return the same with an affidavit of service and a certificate of your action thereunder. Issued at this day of A.D. 1 I.J., Clerk of the Court. CO., c. 21, form D. 347 142 Cap. 21 JUDICATURE Sched. FOEM E. (Rule 426.) Writ of Eeplevin. In the Supreme Court of the North-West Territories, Judicial District of Between of Plaintiff, and of Defendant. VIGTOEIA, (or the name of the reigning Sovereign as the cdse 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. To the Sheriff of the Judicial 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 detained (or unjustly detains as the case may be) as it is alleged, in order that the plaintiff may have his just remedy in that behalf. Issued at this day of A.D. 1 G.H., (L.S.) Clerk of the Court. CO., c. 21, form E. FOEM F. (Rule 428.) Bond fob Eeplevin. Know all men by these presents that we, A.B. of E.F. of Md G.H. of are jointly and severally held and firmly bound to the sheriff of the Judicial district in tne 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 wei bind our- selves and each and every of us in the whole, our and every of 348 Sched. JUDICATURE Cap. 21 143 our heirs, executors and administrators firmly by these pre- sents. Sealed with our seals, dated this day of one thousand Whereas the said A.B. has obtained a writ of replevin against CD. to obTain possession of certain cattle (or goods) to wit: which the said A.B. asserts to be his property ; Now the condition of this obligation is such that if the said A.B. shall prosecute his suit in which the said writ is issued with effect and without delay or if suit is carried on and con- tinued 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) be restored to the said CD. with damages for detaining the same and during such deiention then if the said A.B. shall comply with such adjudication and pay and satisfy any judgment that may be obtained against him this bond shall be void. Signed, aealed and delivered in the "i A.B., [l.s.] presence of • > E.F., [l.s.] J G.H., [L.S.J (When the pladntiff himself does not join in the bond the form must be cultered to conform to the facts.) [FORM F (1) Bond to Retain Possession op Property. Know all men by these presents that we, CD. (defendant) of E.F. of and G.H. of are jointly and severally held and firmly bound to the sheriff of the judicial district in the sum of dollars of lawful money to be paid to the said sheriff, his successor in office, or either of their assigns, for which payment well and truly to be made we bind ourselves, and each and every of us in the whole, our and every of our heirs, executors and administrators, firmly by these presents. Sealed with' our seals, dated this day of one thousand nine hundred and Whereas the said CD. claims to retain certain cattle (or goods) to wit : , to recover possession of which A.B. has obtained a writ of replevin. Now the condition of this obligation is such that if the court shall adjudge that the said cattle (or goods) shall be restored to the Said A.B., with or without damages for detain- 349 144 Cap. 21 JUDICATURE Sohed. ing the same, then if the said CD. shall restore the said cattle (or goods) and pay and satisfy any judgment that may be recovered against him this obligation shall be void, but other- wise shall remain in force. Signed, sealed and delivered \ CD., [l.s.] in the presence of I E.F., [l.s.] j G.H., [L.S.] (Where the defendant himself does not join in the bond the form must be altered to conform to the fact.)] CO., c. 21, formF; 1901, c. 10, s. 13, •FOEM G. {Rule 470.) Originating Summons. In the Supreme Court of the North- West Territories, Judicial District of (Here insert style of cause or matter.) Let all parties concerned attend at judge's chambers at in on the day of on the hearing of an application on the part of that (here set out the object of the application.) If you do not attend either in person or by your advoc9.te at the time and place above mentioned such order will be made in your absence as may seem just and expedient. K.L., J;S.C. (Seal of Court.) This summons was taken out by advocate for the applicant. Tariff of Witnesses', Jurors' and Interpreters' Fees. (Rule 531.) Witnesses and jurors may be allowed the following fees : For every day necessarily absent from residence, in going to, staying at and returning from trial or other proceeding When residence is within two miles of place of trial $ 1 00 When over two miles 2 00 For every mile necessarily travelled by other means than railway '. 10 350 Sched. juDioATUBB Cap. 21 145 When railway used, actual fare paid. Professional men, when acting professionally in addi- tion to mileage as other witnesses, per day $5 00 Inteepretees. Interpreters may when used be allowed the same mile- age as witnesses and for each day actually en- gaged as interpreters 2 00 No 6 of 1893. CO., c. 21, form G. FOEM H. (Rule 605.) Small Debt Summons A. In the Supreme Court of the North-West Territories, Judicial District of Between of Plaintiff, and of Defendant. To CD. the above named defendant : The plaintiff demands of you $ as shown by his claim hereto attached or indorsed hereon. You are notified that this summons is returnable on the day after the day of the service thereof upon you. If you dispute the claim or any part thereof you are to leave with the clerk of this court at in said judicial district within days after the saia service upon you the dispute note hereto attached or one to the like effect otherwise after Such return day has passed the clerk may sign judgment against you by default for the plaintiff's claim and costs but in case you give or send by mail or otherwise said dispute note to the said clerk together with the sum of $ for his fees and he receives the same within the said time the cause will be tried at a sittings of this court and yoa will receive due notice of the time and place of such trial by registered letter sent prepaid to the address given by you in said dispute note. Dated the day of 1 By the Court, I.J., (L.S.) Clerk. CO., c. 21, form H. 361' 146 Cap. 21 JUDICATUEE Sched. FORM J. {Rule 605.) Small Debt Summons B. In the Supreme Court of the North-West Territories, Judicial District of Between of Plaintiff, and of Defendant. To CD. the above named defendant : , Take notice that the plaintiff claims from you $ as shown by his claim hereto attached or indorsed hereon. If you dispute the same or any part thereof you are to leave with the clerk of this court at in said judicial district within days after the service hereof upon you the dispute note hereto attached or one to the like effect. In case you give or send by mail or otherwise the said dispute note to the said clerk together with the sum of $ for his fees and he receives the same withJiL the said time the cause will be tried at a sittings of this court and you will receive due notice of the time and place of such trial by registered letter sent prepaid to the address given by j^ou in such dispute note. If no such dispute note is filed the plaintiff's cause of action shall be deemed to be admitted and the amount the plaintiff is entitled to recover in respect thereof \yill be ascertained in such manner as a judge shall direct. Dated the day of 1 By the Court, I.J., (L.S.) Clerk. ■CO., c. 21, form J. 3B2 .f^ched. JUDICATURE Gap. 21 147 FORM K. {Rule 606.) Small Debt — Affidavit of Service. In the Supreme Court of the North-West Territories, Judicial District of Uetween A.B., Plaintiff, and CD., Defendant. I, of (occupation) make oath and ^y : 1. That I did on the day ■of 1 , personally serve CD., the above named ■defendant with a true copy of the summons herein hereunto annexed by delivering the said copy to and leaving the same with the said defendant at 2. That at the time of such service there was attached to the said copy of summons so served a true copy of the parti- culars of claim attached to or indorsed upon the said annexed summons. 3. That at the time of such service there was also attached to the said copy of summons a blank form entitled in this •cause of which the form marked " L " is a true copy. 4. That to effect such service I necessarily travelled iniles. (Jurat.) CO., c. 21, form K. FORM L. (Rule 611.) Small Debt — Dispute Note. In the Supreme Court of the North-West Territories. Judicial District of Between A.B., Plaintiff, and CD., Defendant. Take notice that I dispute the plaintiff's claim on the fol- iowing grounds: — 353 148 Cap. 21 JUDICATURE Sched. (if>?re staie briefly the grounds of defence in such manner that the particular nature of the defence may readily be .as- certained.) My post office address is : CD., N.B. — This note must be sent by mail or otherwise to the clerk of the Supreme Court at (address to be filled in by clerk) within days ftrom service. CO., 0. 21, fona L. Small Debt Tariff. {Rules 618 and 619.) Clerk's Fees. The following fees and no others shall be paid to clerks of the court for the several services under the Small Debt pro- cedure herein provided for : cts. Receiving claim, entering in procedure book and issu- ing summons 75 Garnishee summons or writ of attachment, including examining affidavits 50 Every original subpoena 50 Every copy of summons, garnishee or subpoena 10 Entering dispute note, or appearance by garnishee ... 25 On payment of money into court without dispute note 25 Every notice of trial 20 Hearing fee in contested cases 60 Every chamber summons or judge's order including entering 25 Every commission to examine witnesses or exemplifica- tion of judgment 60 Every appointment , 10 Every search 10 Entering every judgment by default including search for dispute and taxation of costs and necessary filings 50 Entering every judgment after trial or order for judg- ment 60 Filing every exhibit at trial (no other filings to be alV lowed) 10 Every reference to the clerk, per hour actually engaged 75 Every certificate 26 Every writ of execution 60 Every renewal thereof 25 Copies of document, per folio '. 10 Necessary postages. 3B4 Sched. JUDICATURE Cap. 21 149 Sheriff's Fees. The following fees and no others shall be allowed to sheriffs, deputy sheriffs and bailiffs for services under the Small Debt procedure : Service of summons or other process including affidavit of service, oath and return $ 50 Every seizure 50 Schedule of goods seized,- including copy for person whose goods seized 75 When over 500 words, per 100 over 500 10 Every mile necessarily travelled to serve summons or process, or in going to effect seizure under an ait tachment or under execution where money made or settlement effected after levy, provided that there shall be only one allowance of mileage fees, in and about- a seizure and the sale consequent thereon ./. . . 10 Every bond including affidavits 1 00 ITotice of sale 30 Each copy not exceeding five including posting up . . . 10 ITotice of postponement including copies 25 All necessary disbursements for removal and care of property seized Eor poundage on executions, five per cent., but not upon any sum greater than called for by the writ under which the officer acts, pieceiving, entering and returning every writ of execu- tion .' 25] Witness Fees. In cases under Small Debt procedure — Attendance, per day $ 1 00 Mileage, each way 10 Where railway can conveniently be used witnesses shall ■only be allowed such sum as would be sufficient to pay rail- way fare in coming to and returning from place of trial in no case to exceed mileage at above rate. Intespbetees. In cases under Small Debt Procedure — Per day employed $ 2 00 €.0., c. 21, small 'debt tariff; 1901, c. 10, s. 14. 366 CHAPTER 22. An Ordinance respecting Clerks and Deputy Clerks. rrSffi Lieutenant Governor by and with the advice and -^ consent of the Legislative Assembly of the Territories enacts as follows: DEPUTY CLERKS. Clerks of court to appoint deputies Clerk of Court to appoint deputy for new district 1. The clerks of the Supreme Court of the North-West Territories for 'the Judicial District of Northern Alberta, Southern Alberta, Saskatchewan, Western Assiniboia and Eastern Assiniboia shall respectively appoint a deputy at Edmonton, Medicine Hat, Battleford, Moose Jaw* and Yorkton and such deputy clerk shall have and perform the powers, duties and obligations hereinafter mentioned. [(2) In the event of any deputy clerk's district being here- after established the clerk of the Supreme Court of the judicial district within which such deputy clerk's district is established shall appoint a deputy whose office shall be at such place as me Lieutenant Governor in Council shall designate; and such deputy clerk when so appointed shall have and perform the powers, duties and obligations hereinafter mentioned.] CO., c. 22, s. 1 ; 1900, c. 6, s. 1. DEPUTX CLEEKS DISTRICTS. Districts of deputies Edmonton Medicine Hat Battletord Moose Jaw Yorkton 2. For the purposes hereinafter mentioned the resipective districts of the said deputy clerks shall be as follows : The district of the deputy clerk at Edmonton shall consist of all the district of Alberta lying north of township 42 ; The district of the deputy clerk at Medicine Hat shall con- sist of all that portion of the provisional district of Assiniboij lying west of the line between ranges 23 and 24 west of the 3rd meridan; The district of the deputy clerk at Battleford shall consist o: that portion of the provisional district of Saikatchewau lying west of the line between ranges 11 and 12 west of the 3rd meridian ; The' district of the deputy clerk at Moose Jaw shall consist of all that portion of the judicial district of Western Assini- boia lying west of the line between ranges 23 and 24 west of the 2nd meridian and east of the west line of the twenty-third range of townships west of the 3rd meridian; The district of the deputy clerk at Yorkton shall consist of all that portion of the judicial district of Eastern Assiniboia lying north of a line which may be described as' follows : Com- mencing at the point where the line between townships twenty 356 S. 3 (2) (d) CLEEKS AND DEPUTY CLERKS Cap. 22 2 and twenty-one in the Dominion lands system of survey inter- sects the western boundary of the province of Manitoba; thence westerly following the said line between townships twenty and twenty-one to its intersection with the line between ranges seven and eight "west of the second initial meridian; thence northerly along the line between the said ranges seven and eight to its intersection with the line between townships twenty-two and twenty-three; thence westerly along the line between the said townships twenty-two and twenty-three to its intersection with the lino between ranges ten and eleven west of the Second initial meridian in the Dominion lands system of survey. [(2) The Lieutenant Governor in Council shall have power LiWenan^^^^ to alter the boundaries of any deputy clerk's district now oryak^new hereafter established by adding thereto or taking therefrom and to establish new districts.] CO., c. 22, s. 2; 1900, c. 6, S.2. DEPUTY clerks' POWERS AND DUTIES. 8. All actions and other proceedihgs commenced in the^y^"^"''"" office of any one of the said deputy clerks shall be carried on ':°'"'"="<^='' in the same office and in respect thereof such deputy clerk dutTeYof" shall in all respects have and perform all the powers, duties ^^^^^^^ books. and obligations of the clerk of the court for his judicial dis^ trict ; and such deputy clerks respectively shall have and use a duplicate of the seal of the court used by the clerks of their respective judicial districts and keep such books as are kept by the clerks. (2) And in respect of the following matters : (a) Applications for letters probate or letters of adminis- Probate tration where the deceased died within a deputy clerk's district or where the whole of the estate in respect whereof letters probate or letters of adminis- tration are applied for lies within a deputy clerk's 'district ; (6) Applications for the appointment of a guardian of Guardianship- the estate of an infant or a lunatic where the- infant or the lunatic resides within the deputy clerk's dis- trict; (c) Applications for the appointment of a guardian of Guardianship the estate of an infant or a lunatic where the infant ° or the lunatic resides within the deputy clerk's dis- trict; or where the whole of the estate to be affected lies within a deputy clerk's district; (d) Proceedings commenced by originating summons and Proceedings proceedings originating by petition, notice of motion^ ^thoSt w"! or judge's summons where the advocate for the ap- plicant resides in a deputy clerk's district ; 367 - Cap. 22 CLERKS AND DEPUTY CLERKS S. 3 (2) (d) such deputy clerk shall and in applications of the character of those marked (a) and (c) where a part only of the property to be affected lies within a deputy clerk's district such deputy clerk may have and perform all the powers, duties and obliga- tions of the clerk of his judicial district. C.O.,c. 22, s. 3. ford^covCTy *• ^^ ^^y action, suit or other j)roceeding wherever com- menced in case it is desired to examine a person for 'discovery and such person resides within the district of one of the said deputy clerks such deputy clerk shall for the purposes of such examination have and perform all the powers, duties and obligations of the clerk of his judical district. CO., c. 22, s. 4. Appeals from 5_ jjj rosDect of appcals from convictions or orders made by -convictions .. ^ ^ ^ ,1-j p /-\ f a justice of the peace under the authority of any Ordinance relating to matters within the legislative authority of the Legislative Assembly bf the Territories or under the authority of a municipal by-law where the conviction or order is made within the district of any one of the said deputy clerks the office of such deputy clerk shall be the office of the Court in which all proceedings relating to such appeal shall be carried on and in respect thereof such deputy clerk shall have and perform all the powers, duties and obligations of the clerk of his Judicial district. CO., c. 22, s. 5. Pending- Ijusiness 6. The provisions of this Ordinance shall not apply to any business pending at the time of the passing hereof and such business shall be completed in the office of the clerk or deputy clerk in which the same is pending. CO., c. 22, s. 6. PROCESS ISSUERS. Process issuers 7. In any section of the Territories where the convenience of the public may be the better served the clerk with the approval of the judge may also appoint a process issuer who being supplied with blank forms original and mesn*; processes signed by the clerk may issue the same under his direction from time to time, such process issuer countersigning each one so issued and making returns of all processes so issued to the clerk as required by the clerk or as directed by the judge and in such cases the clerk and his sureties shall be responsible for all the acts and omissions of such issuer. Authority to [(2) In this section the expression "clerk" shall, as to the SsSers '"■""^^^ districts described in section 2 hereof, mean the deputy clerk for such districts respectively.] CO., c. 22, s. 7; 1899, c. 6, s. 1. 358 S. 13 (2) CLERKS AND DEPUTY CLERKS Cap. 22 4 SECURITIES AND OATHS OP OFFICE OF CLERKS. 8. Every clerk before entering upon the duties of his office S^y^'?*'' and if after entering upon his duties a new security is sub- "^f^""'y "^ Btituted for any previously given shall file in the office of the° '' Territorial Secretary a copy, certified as such by the Secretary of State for Canada, of the security required by and given under The North-We&t Territories Act or of such substituted security. CO., c. 22, s. 8. 9. Such security shall be available to and may be sued Security may upon by any person suffering damages by the default, breach ''^ '"'^ ""^ of duty or misconduct of such clerk. CO., c. 22, 8. 9. 10. A copy of such security purporting to be such, certified Certified copy by the Territorial Secretary, shall be received in all courts as"''^'"" prima facie evidence of the due execution and contents thereof without further proof. CO., c. 22, s. 10. 11. Every deputy clerk before entering upon the duties of oeputyderk his office shall give security to the Lieutenant Governor to the security satisfaction of the Lieutenant Governor in Council in the sum of one thousand dollars for the due performance of the duties and obligations of his said office and for the due pa3r[nent ovei" to the persons entitled thereto of all moneys received by him by virtue of his said office and any person sustaining damage Right of action by reason of nonperformance or improper or undue perform- °° *^™" ^ ance of such duties or obligations or by reason of the non- pa3Tnent over of any such moneys shall have and possess a right of action against such deputy clerk and his sureties up n such security for the amount of such damages. CO., c. 22, s. 11. 12.. The clerks respectively for the said iudicial 'districts of cierks not Northern Alberta, Southern Alberta, Saskatchewan, Western for deputies Assiniboia and Eastern Assiniboia shall not after the giving of such security by their said respective deputies be answerable or accountable for the acts or nonperformance or improper performance of the duties and obligations of their respective deputies. CO., c. 22, s. 12. 13. Every clerk and every deputy clerk appointed urideraerkand^_^^ the provisions of any Ordinance of the Territories in that oath of office behalf dhall upon appointment and before entering upon thet duties of his office take the oath of office in the form in the schedule to this Ordinance and also the oath of allegiance. (2) All such oaths shall be filed in the office of the clerk of the Executive Council immediately after being taken. CO., c. 22, 3. 13. 359 Cap. 22 CLEEKS AND DEPUTY CLEEKS b14 VACAJSOY. Disposition ot books, etc., when vacancy occurs Forcible recovery of cilice books, *tc. 14. Whenever a vacanoy occurs in the office of clerk and until the same be filled by the proper authority the books, records, moneys and other matters and things the property of the Government of the Territories shall be handed over by the person in whose possession or control they may be [to the peo-- son lawfully performing the duties of clerk.] (2) Without prejudice to any other powers of the court or judge by way of attachment, committal or otherwise, the judge may on summary application make an order directing the sheriff or other person named by him to take and seize such books, records, moneys and other things wheresoever found and for such purpose may authorize such sheriff or otheii person to break and open any doors and windows, buildings or inclosures and such order shall be full justification to" such sheriff or other person for any action taken in pursuance thereof. CO., c. 22, s. 14; 1900, c. 6, s. 3. PEOHIBITION FROM PKACTIOB.AS ADVOCATE. ■Clerk or -deputy not to act as -advocate 15. No clerk or deputy clerk while holding office shall prac- tice as an advocate of the Territories or be a member of any firm of advocates practising in the Territories. CO., c. 22, s. 16. BOOKS AND FOEMS. Books and forms 16. All necessary books and forms required for use in the clerk's or deputy clerk's offices shall be provided by and be^ the property of the North- West Government. CO., c. 22, s. 16. FEES TO CLERKS AND DEPUTIES, ANNUAL RETURNS TO TERRI- TORIAL TREASURER. Interpretation 17. For thc puTposcs of the following sections : "Clerk" 1. The word "clerk" shall mean and include the clerk of the Supreme Court of the North-West Territories for each of the judicial districts and their respective deputies appointed under the provisions of this Ordinance ; "^'"'^" 2. The word "fees" shall mean and include all fees and allowances payable to clerks under the provisions of The Judi- cature Ordinance or rules of court and all fees payable to such clerks as registration clerks under the provisions of The Bills of Sale Ordinance; An Ordinance respecting Hire Receipts and Conditional Sales of Goods and An Ordinance respecting Parinerships and any amendments to the said Ordinances or any other Ordinance of the Territories. CO., c. 22, s. 17. Fees to be paid •clerk 18. AH fees upon interlocutory motions, summonses and orders made or granted in chambers shall be paid to the clerk 360 8. 23 (5) CLERKS AND DEPUTY CLERKS (Jap. 22 6 of the judicial district or division of the judicial district in which the proceedings are taken. CO., c. 22, s. 18. 19. Every clerk shall keep a chamber book in which such '^''""''"''°°'' proceedings shall be entered. CO., c. 22, s. 19. 20. Every clerk shall keep a separate book in which he t^'^'/.l^^^/^'Jj shall enter from, day to 'day all fee.s and emoluments received by him under and by virtue of the said Ordinances and amendments showing therein separately the fees received by him for each service performed under any of the said Ordin- ances and amendments' and such further facts and informa- tion as the Lieutenant Governor may from time to time require. CO., c. 22, s. 20. 21. Every clerk shall on or before the fifteenth day of ^j™^"^'^^^ ^^ January in each year make up a statement in duplicate from f^^s received such book and return the same to the Territorial Treasurer verified under oath; such statement shall set forth the total amount of fees which have been received by such clerk during the twelve months ended on the thirty-first day of Decembei^ next preceding. CO., c. 22, s. 21. 22. Each clerk shall produce such book at any time during fo^nspection""" his lawful office hours for inspection by any person appointed by the Lieutenant Governor for that purpose. CO., c. 22, s. 22. 23. Every clerk shall be entitled to retain to his own use in reulnabie each year all the fees received by him in that year up to ''^ '''"'' $1,500. (2) Of the further fees and emoluments received by each clerk in each year in excess of $1,500 and not exceeding $2,000 he shall be entitled to retain to his own use seventy per cent, and no more. (3) Of .the further fees and emoluments received by each clerk in each year in excess of $2,000 not exceeding $2,500 he shall be entitled to retain to his own use sixty per cent, and no more. (4) Of the further fees and emoluments received by each clerk in each year in excess of $2,500 and not exceeding $3,000 he shall be entitled to retain to his own use niiy per cent, and no more. (5) Of the further fees and emoluments received by each clerk in each year in excess of $3,000 and not exceeding $3,500 he shall be entitled to retain to his own use forty per cent, and no more. 361 Cap. 22 CLEEKS AND DEPUTY CLEKKS 23 (.b; Remuneration of clerk by salary (6) Of the further fees and emoluments received by each clerk in each year in excess of $3,500 he shall b© entitled co retain to his own use thirty per cent, and no more. [(7) Notwithstanding anything in this section contained the Lieutenant Grovernor in Council may order that all fees received by any clerk shall be paid to the Territorial Treasurer by such clerk within the first five days of the month following the month in which stuch fees are received; and as compensa- tion in lieu of fees such clerk and his deputy in office (if there be one) shall be paid such annual salary as the Lieutenant Governor in Council determines; and such payment to the Territorial Treasurer shall be accompanied by a statement in such form as ■'he Attorney General may prescribe verified under oath showing the amount of the fees received.] CO., 0.22, s. 23; 1901, 0.14, s. . Proportion of fees to be paid Territorial treasurer 24, With the statement in section 21 of this Ordinance mentioned each clerk shall transmit to the Territorial treas- urer ^ch proportion of the fees received by him during the preceding year as under this Ordinance he is not entitled ta retain to his own use. CO., c. 22, s. 24. Penalty for neglect to keep books 2,5. Any clerk who fails to keep the books required to be kept by him under the provisions hereof or who fails to enter therein any fee or fees received by him and required by the provisions hereof to be entered therein shall for eacli ouph offence be liable on summary conviction to a penalty not ex-"' ceeding $20. CO., c. 22, s. 25. Penalty for nontransmission of annual statement 26. Any clerk who shall fail to transmit to the Territorial treasurer on or before the fifteenth day of January in any year the statement mentioned in section 21 hereof verified as therein provided shall on summary conviction be liable to al penalty of $20 for each day after that date that he shall fail to transmit the same So verified. CO., c. 22, s. 26. Failure to transmit fees Penalty 27. Any clerk who fails to transmit to the Territorial treasurer with the statement in section 21 of this Ordinance mentioned the proportion of fees required to be so transmitted by him under the provisions of section 24 hereof shall for every such offence be liable on summary conviction to a penalty of $20 for each day after the fifteenth day of January that he shall fail to transmit the same. CO., c. 22, s. 27. Money to go to 28. The feos and moneys received by the Territorial treas- JeTemTe fund urcT Under the provisions hereof shall form part of the gen- eral revenue fund of the Territories. CO;, c. 22, s. 28. 362 Sched. CLERKS and deputy clerks Cap. 22 8 SCHEDULE. Clerk's Oath of Office. I, do swear that I will truly and faithfully perform the several duties of clerk of the Supreme Court of the North-West Territories Judicial District of to which I have been appointed without fear, favour or malice. So help me God. Sworn before me at in the North-West Territories, this day of 1 363 CHAPTER 23, An Ordinance respecting Sheriffs and Deputy Sheriffs. rriHE Lieutenant Governor by and with the advice and -*- consent of the Legislative Assembly of the Territories enacts as follows : OFFICE HOURS. Sheriff's office hours 1. It shall be the duty of every sheriff to keep his office open between the hours of ten in the forenoon and iour 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. CO., c. 23, s. 1. Fees received to be recorded BOOKS, RECORDS AND PROCESS. 2. Every sheriff shall keep a separate book in which he shall enter from day to day all fees and emoluments received by him in virtue of his office showing separately the fees received for each service performed and such further facts and information as the Lieutenant Governor may from time to time require. CO., c. 23, s. 2. Annual statement of fees Books open to public inspection 3. Every sheriff Shall on or before the fifteenth day of J anuary in each, year make up a statement in duplicate from such book and return the same to the Attorney General veri- fied under oath; and such statement shall set forth the total amount of fees which have been received during the twelvg months ended on the thirty-first day of December next pre- ceding. CO., c. 23, s. 3. i. The sheriff shall keep in his office open to the inspection' of any person the following books, namely : (a) Process books — in which shall be entered a memoran- dum of every process other than writs of execution or writs in the- nature of writs of execution received by the sheriff, the court out of which the same issued, the date of the receipt, the nature of the process, the names of the parties thereto, the advocate by whom issued, the date of the return and the nature of the return made thereto or what was thereunder or therewith done respectively; (b) Execution books for goods and lands respectively in which sihall be entered a memorandum of every writ of execution or writ in the nature of a writ of execu- tion, the court out of which the same issued, the 364 «. H SHERIFFS AND DEPUTY SHERIFFS Cap. 23 2 names of the parties thereto, the advocate by whom issued, the date of return and the nature of the return made thereto or what was done thereunder or there- with; and (c) A cash book in which shall be entered all cash re- ceived or paid away by the sheriff in his official capa,city or in connection with his office for any service whatever — for fees, poundage, service of process and papers, attendance at court, moneys levied under execution or under writs in the nature of writs of execution ur otherwise, the date of the receipt or payment and the cause, matter or service in which or on account of which the same was re- ceived or paid away. (2) And a seal of office. C, 0., c. 23, s. 4. 6. The said books and seal shall be supplied out of the Supplying general revenue fund of the Territories, CO., c. 23, s. 6. sS''' ^""^ 6. All books, accounts, records, papers, writs, warrants. Books, records, processes, moneys and other matters and things in the posses- property of flion or under the control of any sheriff by virtue of or apper- e°vernment taining to his office as sheriff shall be the property of the ■Government of the Territories and the same and every of them disposition shall immediately upon the resignatioii, removal from office or ""^ffi^l"*^^' death of any such sheriff be, by the party in whose possession or control they may come or happen to be, handed over to and taken possession of by the successor in office of such sheriff or such person as the judge usually exercising jurisdiction in the judicial 'district may appoint to receive the same. CO., c. 23, g. 6. 7. No person except the successor in office of the sheriff so Possession ot resigning, being, removed or dying, or the person so to be after^vacancy appointed by the judge as aforesaid shall take, have or hold any such books, accounts, records, papers, writs, warrants, process, moneys, or other matters or things; and any person having or holding any of the matters aforesaid shall forthwith on 'demand deliver over the same and every of them to the said succeeding sheriff or to the person so to be appointed as afore- Refusal to gnve ' -, -, . 1 , • jy • i. up possession said; and upon any such person neglecting or refusing so to do Qn conviction thereof before a judge of the Supreme Court he shall be liable to pay a penalty not exceeding $100. CO., 8. The sheriff after resigning office or removal f rom Ex-sherisfto ^ . in have access office, or his heirs, executors or administrators shall or may at to books any and at all time or times thereafter have the right and be at liberty to have access to search and examine into any or all accounts, books, papers, warrants, and processes of whatever kind and all other matters or things which were formerly in 365 Cap. 23 SHERIFFS AND DEPUTY SHERIFFS S.8 Sale of lands by sheriff Procedure when vacancy occurs Sheriff vacating:, successor to continue process the possession of him the said sheriff before his resignation or removal and which at the t'me of making or requiring to make such search or examination are in the possession or con- trol of the succeeding sheriff free of all costs, charges and expenses. CO., c. 23, s. 8. VACANCY IN OFFICE PENDING EXECUTION OF WRIT. 9. In case of the death, resignation or removal of the sheriff, or of any deputy where there is no sheriff, after he ha,o made a sale of lands but before he has made a transfer of the same to the purchaser such transfer shall be made to the purchaser by the sheriff or the deputy sheriff who is in office acting as sheriff as aforesaid at the time when the deed of conveyance is made. CO., c. 23, s. 9. 10. If the sheriff goes out of office during the currency of any writ of execution against lands and before the sale, such writ shall be executed and the sale and transfer of the lands be made by his successor in office and not by the former sheriff. CO., c. 23, s. 10. MISFEASANCE OR DEFAULT OF SHERIFF, LIABILITY OF SURETIES. Liability of sureties Default of sheriflF Action on security Limitation of surety's liability 11. The sureties of the sheriff shall be liable to indemnify the party or parties to any legal proceedings against any omission or default of the sheriff' in not paying over moneys received by him and against any damage sustained by any such party or parties in consequence of the sheriff's wilful or neglectful misconduct in his office and the sheriff shall be joint defendant in any action to be brought apon the covenant or security given by the sheriff. CO., c. 23, s. H. 12. 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 be barred by reason of any prior recovery by the same party upon the covenant or security or of any judgment rendered for the defendant in any prior action upon the same covenant or security or by reason of any other action being then depend- ing upon the same either at the suit of the same plaintiff or of any other party for any other distinct cause of action. CO., c. 23, s. 12. 13. If upon the trial of any action upon any such covenant or security it is made to appear that the plaintiff is entitled to recover and that the amount which such surety has paid or become liable to pay as hereinafter mentioned is not equal to the full amount for which he became surety the court aflter deducting from such full amount the sums which he has so paid or become liable to pay as aforesaid shall render judg- 366 t5. 19 SHERIFFS AND DEPUTY SHERIFFS Cap. 23 4 ment against him for any sum not exceeding the balance oi the sum for which he became surety. CO., c. 23, s. 13. 14-. Where any such surety actually and bona fid'i and of discharged from his own proper moneys and effects has paid or become liable''^'"''''' by virtue of a judgment or judgments recovered against him upon his said covenant or security to pay an amount equal to . the amount speciiied in the said convenant or secumy 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. CO., c. 23, s. 14. 15. It shall be competent for the Supreme Court or a judge pro^edings thereof upon proof to the satisfaction of the Court or judge of ^'s^'''""'^"'"'^ such payment or liability in a summary manner and at any stage of the cause by stay of proceedings or otherwise to pre- vent the recovery against any such surety of any further sum than the amount specified in his covenant or security and for which he may have become surety. CO., e. 23, s. 15. 16. Upon every writ of execution under a judgment recov- j^dg^^ent ered on such covenant or security the plaintiff or his advdcate ^p^o^s^curity shall by an indorsement on the writ direct the coroner or other 'j,^;;'^,''! "o"^ officer charged with the execution of such writ to levy the first amount thereof upon the goods and chattels of the sheriff in the first place and in default of goods and chattels of the sheriff to satisfy the amount then to levy the same or the resi- due thereof on the goods and chattels of the other defendant or defendants in such writ and so in like manner with any writ against lands and tenements upon a judgment on any such covenant or security. CO., c. 23, s. 16. 17. Notwithstanding a sheriff may have forfeited his office sheriff liaWe c3 -, ,1 p _Li !• u'TJ- „j: until successor and become liable to be removed therefrom the liability ot takes office himself and his sureties shall remain until a new sheriff has been appointed and sworn into office. CO., c. 23, s. 17. OFFICERS NOT TO PURCHASE AT EXECUTION SALES. 18 No sheriff deputy sheriff, bailiff or constable shall sheriff etc., directly or indirectly purchase any goods or cnatteis, lanas orpu^hase tenements by him exposed to sale under execution. CO., c. execution 23, s. 18. MISCONDUCT OF BAILIFF OK CONSTABLE. 19. If any bailiff or constable entrusted with the execution Li|baity^f°r_^ of any writ, warrant, process, mesne or final, wilfully miscon- execution of ducts himself in the execution of the same or wilfully makes any false return to such writ, warrant or process, unless by the consent of the party in whose favour the process issued, he 367 Cap. 23 SHERIFFS AND DEPUTY SHERIFFS S. 19' shall answer in damages to any party aggrieved by such mis- conduct or false return. CO., c. 23, s. 19. CUSTODY OF WRITS, PKOCESS, ETC. Restoration of documents, etc., to sheriff Enforcement of return 20. 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 aforesaid the party so neglect- ing or refusing may be required by an order of the Supreme Court or of any j adge of such court to return and restore such writ, process, book, paper or document to such sheriff and if he disobeys such order may be further proceeded agaiiistby attachment as in other cases of contumacy to orders or rules of court. CO., c. 23, s. 20. Sheriff's officer to deUver process to sheriff when required 21. If any deputy sheriff, bailiff or sheriff's officer shall have in his possession, custody or control any writ of sum- mons, fieri facias or other writ or any bench warrant or pro- cess 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 entitled to the possession of the same may proceed by summons and order before any judge having jurisdiction in the court out of which such writ or process issued to compel the production thereof; which order may be enforced in the same manner as like orders for the return of writs against sheriffs and with or without costs or be 'discharged with costs against the party applying in the discretion of the judge aforesaid. CO., c. 23, s. 21. 22. (Repealed). 1900, c. 7, s. 1. SECURITIES AND OATHS OF OFFICE. Copy of security to be filed 23. Every sheriff before entering upon the duties of his office and if after entering upon his duties a new security ia substituted for any previously given shall file in the office of the Territorial Secretary a copy, certified as such by the Secre- tary of State for Canada, of the security required by and given under The Nnrth-West Territories Act or of such sub- stituted security. CO., c. 23, s. 23. Security may be sued upon 2i. Such security shall be available to and may be sued upon by any person suffering damages by the default, breach of duty or misconduct of such sheriff. C.O., c. 23, s. '24. 368 S. 29 SHERIFFS AND DEI^UTY SHERIFFS Cap. 23 6 25. A copy of such security purporting to be such, certified „/ s^f^Ht''"''^ by the Territorial Secretary, shall be received in all Coarts as evidence prima facie evidence of the due execution and contents there- of without further proof. CO., c. 23, s. 25. 26. Every sheriff and every deputy sheriif appointed under oath of office , the provisions of any Ordinance of the Territories in that be- half shall upon appuintinent and before entering upon the duties of his office take the oath of office in the form in the schedule to this Ordinance and also the oath of allegiance. (2) All such oaths shall be filed in the office of the clerk of the Executive Council immediately after being taken. O.O., c. 23, s. 26. DEPUTY SHERIFFS. 27. The sheriffs of the several iudicial districts shall re- P'=P"'j' ^''?''p, J to be appointed spectively from time to time appoint a deputy at Edmonton, Lethbridge, Medicine Hat, Battleford, Moose Jaw, Yorkton, [and at such other place or places as the Lieutenant Governor in Council shall ^rom time to time designate] ; and such deputy sheriffs shall have and perform the powers, duties and obliga- tions hereinafter mentioned. CO., c. 23, s. 27; 1900, c. 7, s. 2. 28. For the purpdses hereinafter mentioned the respective Districts districts of the deputy sheriffs at Edmonton, Medicine Hat, Battleford, Moose Jaw and YorktoQ shall be the same respec- tively as the districts of the deputy clerks at the said places respectively; and the district of the deputy sheriff at Leth- bridge shall be that portion of the electoral district of Leth- bridge lying to the east of the dividing line between ranges twenty-seven and twenty-eight west of the fourth initial meri- dian : Provided that any business pending shall be completed in the office of the sheriff or deputy sheriff respectively in which it was begun or is pending. [(2) The Lieutenant Governor in Council shall have power ^^^^^^^f^^^ to alter the boundaries of any district of a deputy sheriff now ^^^'^bUsh and or hereafter established by adding thereto or taking there- from and to establish new districts.] CO., c. 23, s. 28 ; 1900, c. 7, s 3. 29. All the powers, duties and obligations which may now^°^-pj'-^ be exercised or performed by the sheriff of any one of the said deputy judicial districts may hereafter so far as they are to be exer- cised or performed within the districts of any one of the said deputy sheriffs or as they affect property and person in the districts of any one of such deputy sheriffs be exercised and performed by such deputv sheriffs respectively and in respect of mesne and final process intended to affect real or personal property situate within the districts of any one of the said ■[J ' 369 Cap. 23 SHEEIPFS AND DEPUTY SHERIFFS S. 29 deputy sheriffs such deputy sherifi shall have and perform all the powers, duties and obligations of the sheriff of his judjcial district and such process shall for the purpose of binding such property be placed in the hands of such deputy sheriff and need not be placed in the hands of the sheriff of his judicial district and such deputy sherifis shall have and use a dupli- cate of the Seal of the sheriffs of their respective judicial dis- tricts and keep such books as are kept by sheriffs. CO., c. 23, s. 29. Deputy to give security Security may be proceeded upon Sheriff not responsible for deputy Sheriff or deputy not to act as advocate 30. Each deputy sheriff before entering on his duties shall give security to the Lieutenant Governor to the satisfaction of the Lieutenant Governor in Council in the sum of $2,000 for the due performance of the duties and obligations of his said office and for the due payment over to the persons .entitled thereto of all moneys received by him by virtue of his said office and any person sustaining damage by reason of Che nonpu f ormance or improper or undue performance of such duties or obligations by reason of the nonpayment over of such moneys shall have and possess a right of action against ffucb deputy sheriff and his sureties upon such security for the amount of such damages. CO., c. 23, s. 30. 81. The respective sheriffs for the said judicial 'districts of Northern Alberta, Southern Alberta, Saskatchewan, Western Assiniboia and Eastern Assiniboia shall not after the giving of such security by their said respective deputies' be answer- able or accountable for the acts or nonperformance or improper performance of the duties and obligations of their respective deputies. CO., c. 23, s. 31. 32. No sheriff or deputy sheriff while holding office shall practise as an advocate of the Territories or be a member of any firm of advocates practising in the Territories. CO. c. 23, s. 32. SCHEDULE. Shbhifp's Oath of Office. . }', „ . do swear that I will truly and laithfully perform the several duties of sheriff of the judicial district to which I have been appointed without fear, favour or malice. So help me God. Sworn before me at in the North-West Territories, this day of 1 370 CHAPTER 24. An Ordinance respecting Commissioners to Administer Oatlis. rjlHE Lieutenant Governor by and- with the advice and -■- consent of the Legislative Assembly of the Territories enacts as follows : 1. All duly enrolled advocates of the Territories shall be Advocates commissioners for taking affidavits in the said Territories. CO., c. 24, s. 1. to be commissioners 2. The Lieutenant Governor may be a commission or com- Lieutenant missions under his hand and the seal of the Territories f rom w^^nT*^ ""^^ - commissioners time to time empower such and so many persons as he thinks fit and necessary to administer oaths and take and receive affidavits, declarations and aflirmations within the Territories. CO., c. 24, s. 2. 3. The Lieutenant Governor may by a commission or com- Appointment J ^ or com- missions under his hand and the seal of the Territories from missioners time to time empower such and so many persons as he thinka Territories fit and necessary to administer oaths and take and receive affidavits, declarations and affirmations without the Terri- tories in or concerning any cause, matter or thing depending or in any wise concerning any of the proceedings in the Supreme Court of the Territories and every oath, affidavit, declaration or affirmation taken or made as aforesaid shall be as valid and effectual and shall be of the like force and effect to all intents and purposes as if such oath, affidavit, declara- tion or affirmation had been administered, taken, sworn, made or affirmed before a commissioner for taking affidavits within the Territories or other competent authority of the like nature. (2) The commissioners so appointed shall be styled " Com- missioners for taking affidavits in and for the Supreme Court of the Territories." CO., c. 24, s. 3. 371 CHAPTER 25. An Ordinance respecting Notaries Public. THE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows : Appointments 1. The Lieutenant Governor in Council may appoint by commission under his hand and the seal of the Territories one or more notaries puhlic for the said Territories, provided that no appointment shall be made of any person or person^ who at the time shall not be [British subjects] actually residing with- in the said Territories. CO., c. 26, s. 1 ; 1903, 1st session, c. 10, s. 1. Powers 2. Every such notary shall have, use and exercise the power of drawing, passing, keeping and issuing all deeds and contracts, charter parties and other mercantile transactions in the said Territories and also of attesting all commercial instruments that may be brought before him for public pro-* testation and otherwise of acting as usual in the office of notary and may demand, receive and have all the rights, pro- fits and emoluments rightfully appertaining and belonging to the said calling of notary public during pleasure. CO., c. 25, s. 2. Fee for commissioners Duration of commission Date of expira- tion of commission to be noted on certificate 3. For every commission issued under this Ordinance there shall be payable the sum of $10 to the general revenue fund of the Territories [or such less sum as may be fixed by the Lieutenant Governor in Council.] CO., c. 25, s. 3; 1903, 1st session, c. 10, s. 2. [4. Every commission issued under section 1 of this Ordi- nance unless issued to an advocate of the North- West Terri- tories and unless it is sooner revoked shall if the same has been issued before the passing of this Ordinance expire on the 31st day of December, 1905, and shall if the same is issued after the passing of this Ordinance expire at the expiration of two years from the 31st day of December of the year in which it is issued.] 1903, 1st session, c. 10, s. 4. [5. Any notary public whose commission expires under the terms of the next preceding section shall write or stamp on every affidavit, declaration or other certificate taken or given by him the date on which such commission expires. (2) Any notary public failing to comply with the provi- sions of this section shall be liable on summary conviction to a fine not exceeding $10 and costs.] 1903, 1st session, c. 10, s 5. 872 CHAPTER 26. An Ordinance to abolish Priority among Execution Creditors. TTHE Lieutenant Governor by and with the advice and -*- consent of the Legislative Assembly of the Territories enacts as follows : SHORT TITLE. 1. This Ordinance may be cited as "The Creditors' iJefie/ short title Ordinance." CO., c. 26, s. 1. INTERPRETATION. 2. In this Ordinance the expression "sheriff" shall include interpretation deputy sheriffs, duly appointed bailiffs, coroners and any other person discharging the duties of sheriff in the particular case • II- for the time being; the expression "judge" shall mean a judge of the Supremf- Court of the North-West Territories. CO., c. 26, s. 2. PROCEDURE UNDER EXECUTIONS. DISPOSITION OF MONEYS REALIZED. 3. Subject to the provisions hereinafter contained there ^^^j^'Jj'^^^J shall be no priority among creditors by execution from the Supreme Court of the North-West Territories. (a) In case a sheriff levies money upon an execution against ^h=j> ''=^y the property of a debtor he shall forthwith enter in a book to be kept in his office open to public inspection without charge a notice stating that such levy has been made and the amount sheriflFtogi%'e and date thereof and the money levied shall at the expiration of two months from the levy unless otherwise ordered by a ' judge be distributed rateably amongst all execution creditors Rateable whose writs were in the sheriff's hands at the time of the levy distribution or who shall have delivered executions to the said sheriff within the said two months or within such further time as may be ordered by a judge subject however to the provision hereinafter contained as to the payment of the costs of the creditor under whose writ the amount was levied : Provided that if money is realized by sale of lanas for which a certificate of title has been granted under The Land Titles Act 1894 the said period of two months shall be com- puted from the date of confirmation of the sheriff's sale under the said Act. (5) The notice shall state the day upon which it was P°™°f"'^'''^'= entered and may be in form A given in the schedule hereto. 373 Cap. 26 CEEDITOES BELIEF S. 3 (e) Interpleader proceedings Persons entitled after SherifFs entry, where money paid into Court Carriage of interpleader i proceeding's Costs Procedure where second lew made (c) Where proceedings are taken by the sheriff or other officer for relief under any provisions relating to interpleader those creditors only who are parties thereto and who agree to contribute pro rata (in proportion to the amount of their executions) to the expense of contesting any adverse claim shall be entitled to dhare in any benefit which may be derived from the contestation of such claim so far as may be necessary to satisfy their executions: Provided however in case the money is ordered to be paid into Court by the sheriff pending the trial of an interpleader issue the entry to be made by the sheriff shall not be made until the said money is again paid out of Court to the sheriff for distribution. The Court or judge may direct that one creditor shall bear the carriage of the interpleader proceedings on behalf of all creditors interested and the costs thereof as between advocate and client shall be a first charge upon the moneys or goods which may be found by the proceedings tO' be applicable upon the executions. (d) In case the sheriff shall subsequently to the entry of the notice but within 'the two months levy a further amount upon the property of the debtor the same shall be dealt with as if such amount had been levied prior to the entry of the notice but if after the two months a further amount is levied a new notice shall be entered and the distribution to be made of the amount so levied and of the further amount levied within two months of the entry of the last mentioned notice shall be governed by the entry thereof in accordance with the foregoing provisions of this section and so on from time to time: Provided however that the judge may on application delay any of such distributions or any part thereof to give reason- able time for the obtaining judgment and fix a date for such distributions. (e) In case a debtor voluntarily and without any sale by the sheriff pays to the sheriff part of the amount owing in respect of an execution in the sheriff's hands and there is at the time no other execution in the sheriff's hand the sheriff is to apply the same on the execution so in his hands and subsec- tions (a) (b) (c) and (d) of this section shall not apply to the money so received by the sheriff. Proceeds of (/) In the distribution of moneys under this Ordinance IfndlfrSon creditors who have executions against goods or lands or goods, etc. against goods only or lands only shall be entitled td share rateably with all others any moneys realizeji under execution either against goods or lands or against both. CO., c. 26, s. 3. Part of execution debt paid before sale Costs made preference 4. When' the amount levied by the sheriff is not sufficient to pay the execution debts with costs in full the moneys shall be applied to the payment rateably of such debts and costs after 374 a. y creditors' relief Cap. 26 3 retaining the sheriff's fees and after payment in full O'f the taxed costs and costs of execution and extra costs of seizure and sale incurred by the creditor at whose instance and under whose execution the seizure and levy were made. CO., c. 26, s. 4. 6. Moneys realized by the sheriff as the resJult of attachment ^^^^^^^^^"l of personal property shall be distributable under the provi- ^™'°^ '"^' sions of this Ordinance. CO., c. 26, s. 6. 6. No creditor shall be entitled to share in the distribution Execution of money levied from the property of a debtor unless by the to shar" delivery of a writ of execution he has established a claim against the debtor either alone or jointly with some other creditor or creditors. CO., c. 26, s. 6. 7. In case tEe debtor without any sale by the sheriff pays F"" amount the full amount owing in respect of the executions in the paid without sheriff's hands at the time of such payment and no other exe- cution has been placed in his hands or in case all executions in the sheriff's hands are withdrawn no notice shall be entered as required by section 3 of this Ordinance and no further pro- ceedings shall be taiken under this Ordinance against the debtor by virtue of the executions having been in the sheriff's hands. (2) Save as aforesaid after an execution has been filed with ^h°^|'*^^ft the sheriff the withdrawal or expiry of the writ upon which stayed the proceedings are fouiided or any stay upon the writ or the satisfaction of the plaintiff's claim thereon or the setting asid-a or return of the writ shall not affect the proceedings to be taken under this Ordinance and except so far as the* action taken in regard to the writ may affect the amount to be levied the sheriff shall proceed and levy upon the goods or lands of the debtor or both as he would have proceeded had the writ or writs, remained in his hands in full force to be executed and may also take the like proceedings as he would have been en- titled to take had tEe writ been a writ of venditioni exponas. CO., c. 26, s. 7. 8. Where there is in any Court a fund belonging to an Fund in court execution debtor and to which he is entitled the same or a suf- execution ficient part thereof to pay the executions in the sheriff's hands xoay on application of the sheriff or any party interested be paid over to the sheriff and the same shall be deemed to be aioney levied under execution within the meaning of this Ordinance. CO., c. 26, s. 8. 9. One seizure by the sheriff of the goods and lands of the Oj^^^^J^^^"" debtor shall be deemed sufficient and shall be deemed a seizure Execution's^ on behalf of all creditors sharing under such seizure as here^ *^""^ inbefore provided. CO., c. 26, s. 9. 37B Cap. 26 CEEDITOES RELIEF S..10 Sheriff entitled to sing-le poundage only Sheriff's return after levy Compelling- payment by sheriff Sheriff to keep statement of particulars Questions as to distribution scheme Contestation 10. Where money is to be distributed under this Ordinance the sheriff shall not be entitled to poundage as upon separate writs but only upon the net proceeds of the estate distributed by him and at the same rate as if the whole amount had been payable under one writ. CO., c. 26, s. 10. 11. When money is made upon a writ the same shall be taken for the purposes of the sheriff's return and otherwise to be made upon all the writs entitled to the benefits thereof, and the sheriff shall upon payment being made to the person enti- tled upon such writ indorse thereon a memorandum of the amount so paid but he shall not, except on the request of the party issuing the writ or by direction of the Court out of which the same issued or of a judge of such Court, return the writ until the same has been fully satisfied or unless the same has expired by effluxion of time in which case the sheriff shall make a formal return of the amount paid thereon. (2) The like proceedings may be taken to compel payment by the sheriff of money payable in respect of an execution or other claim as can now be had to compel the return by the sheriff of a writ of execution. CO., c. 26, s. 11. 12. The sheriff shall pending the distribution ofl moneys levied keep in the said book mentioned in section 3 of . this Ordinance a statement according to form B in the schedule hereto showing in respect of any 'debtor on whose property money has been levied the following particulars : (a) The amounts levied and the dates of levy; (b) Each execution in his hands at the time of entering the notice form A required by section 3 hereof or subsequently received during the month, the amount thereof for debt and costs and the date of receipt and such statement shall be amended from time to tim:e as an additional n mount is levied or a new execution is received. CO., c. 26, s. 12. 13. Where the money levied is insufficient to pay all claims in full and the sheriff is bona fide in doubt as to how the pro- ceeds should be distributed or where any contest arises among the creditors as to the distribution of the proceeds among them or any other real difficulty arises as to such distribution the sheriff shall prepare a statement of the proceeds in his hands for distribution and the executions in his hands and the amount thereof and such other particulars as may be neces- sary to explain the contest or difficulty, to be verified by affi- davit, and thereupon shall apply to a judge in chambers for a summons calling upon all parties interested to attend before the judge in chambers to settle a scheme of distribution and such summons shall be made returnable at such time and shall be served on such persons and in such manner and time as the judge may direct. 376 S. 18 CEEDITOES' BELIEF Cap. 26 6 (2) The judge may determine any questions in dispute in a summary manner or may direct an issue or action for the trial thereof and may make such order as to costs of all pro- ceedings as may be just. (3) In^ case several el-editors are interested in a contesta- tion the judge shall give such directions for saving the expense ■of an unnecessary number of parties and trials or of unneces- sary proceedings as may be proper and shall direct by whom and in what proportions costs incurred shall be paid and may make such costs a first charge on the moneys levied or other- wise direct that they shall be paid out of the said moneys or out of the share or shares of any one or more of the creditors interested in the same or by any party to such contestation. CO., c 26, s. 13. 14. The sheriff shall at all times, without fee, answer any sheriff to give reasonable question which he may be asked orally in respect ''"*°™''"°" f the esi ate of the debtor by a creditor or any one acting on behalf of a creditor and shall facilitate the obtaining by him^ ■of full information as to the value of the estate and the pro- bable dividend to be realized therefrom in his district or any other information in connection with the estate which the creditor may reasonably desire to obtain. CO., c. 26, a. I4. 15. In case a sheriff has money in his hands which by rea- Undispo«abie son of the provisions of this Ordinance or otherwise he cannot ^a^d inbink immediately pay over to the execution creditors he shall ■deposit the money in some incorporated bank designated for this purpose from time to time bj' order of the judge or where no such order is made then in some incorporated bank in which the public money of the judicial district is then being -deposited and such deposit shall be made in the name of the sheriff in trust. CO., c. 26, s. 16. 16. No proceeding under this Ordinance shall be void for irregularities any defect of form and the rules for amending or otherwide proceed^g curing irregularities or defects which may from time to time be in force in the Supreme Court of the North-West Territories shall apply to this Ordinance and any proceedings wrongfully taken under this Ordinance may be set aside by the judge with or without costs as he may thinjj fit. CO., c. 26, s. 16. 17. The provisions of this Ordinance shall not apply to the when proceeds of any seizure allowed under section 4 of chapter 27 SappHcaUe of The Consolidated Ordinances. CO., c. 26, s. 17. 18. All persons in the employment of an execution debtor' Employees to at the time of the notice mentioned in subsection (a) of section of cia?m""'^ 5 of this Ordinance or within one month before such notice, who shall become entitled to share in the distribution of money- levied out of the property of a debtor, shall be entitled to be 377 6 Cap, 26 OEEDITORS' BELIEF S. 18 paid out of such money the wages or salary due to them by such judgment debtor, not exceeding one month's wages or salary, in priority to the claims of the other creditors of the execution debtor and shall be entitled to share pro . rata with such other creditors as to the residue, if any, of their claim. CO., c. 26, s. 18. SCHEDULE. FOEM A. Sheriff's Notice. Notice is hereby given that I have by virtue of certain executions delivered to me against the goods and chattels (or lands) of CD., levied and made out of the property of the said CD. the sum of $ And notice is further given that this notice is first entered in my office on the day of 1 , and that unless otherwise ordered distribution of th© said money will be made amongst the creditors of the said CD. entitled to share therein at the expiration of two months from the day of 1 T.G. Sheriff. Dated, etc. 37H ar.liod. OREDITOES' BELIEF Cap. 26 o 5h C5 O M o . -1-3, s CO ^ 03 <4H M) O c3 ^ CO 03 OS CO ^ o CO S S ^ bC • 03 rH 1—1 cciz; T3 ■ * '> CD J (3 Q o o o c a ^ o la cq d^ i >T3 o pq d g ■ m number persons to serve as jurors within the distance aforesaid is less cierk may than twenty-four the names of any other qualified persons re- '""^^'^ siding outside of such distance and nearest to the place of trial shall be added to tEe special list so as to bring the num- ber up to twenty-four; but if the number of names on such list exceeds twenty-four the clerk in the presence of the judge shall draw from the said list by ballot twenty-four names and the said list so increased or reduced to twenty-four names shall be a special list from which the panel to form the jury in the case is to be struck as hereinafter provided. CO., c 28, s. 5. 6. The judge shal] thereupon appoint a day and an hour ^f'^i^j^f/^'' at his chambers for striking the panel, one day's notice where- parties of shall be given by the clerk to the parties interested. CO., c. 28, s. 6. 7. Each paxty to the suit attending the striking of the panel ^S^^n'fe shall be entitled to four peremptory challenges by striking alternately, if both parties are present, from the special list the name of one of the persons therein designated to the requisite number of four each the clerk marking each name aS the same is struck out and the clerk shall then strike off from the top and foot of said list alternately all unchallenged names except twelve which shall constitute the panel to be summoned. CO., c. 28, s. 7. 8. Whenever a jury is required for the trial of any person jury listsn charged with a criminal offence the clerk on receiving notice mlTters from the judge of the fact shall prepare a special list and pro- duce it before the judge in cnambers as required in civil mat- ters. CO., c. 28, s. 8. 9. On the production of such special list the clerk in the Panel presence of the judge shall strike off from such special list by ballot the names singly until the number be reduced to eighteen which number shall form the jury panel for the trial. CO., c. 28, s. 9. 10. As soon as the panel is formed in the manner hereinbe- Precept to fore prescribed the clerk shall issue out of Court and deliver "^"^ to the party applying for it in civil cases but to the sheriff in criminal cases a precept in form A in the schedule to this Ordi- nance directed to and commanding the sheriff to summon the persons whose names comprise the panel. CO., c. 28, s. 10. 383 Cap. 28 JURIES S. 11 Summoning of jury 11. Upon receipt of the precept the sheriff shall execute the sarae by summoning the persons named therein by delivering to each person or leaving with a grown up member of his household, a reasonable time before the date of the trial, a written or printed summons in form B in the schedule to this Ordinance. CO., c. 28, s. 11. Return of precept Omission to obey summons Penalty 12. The sheriff on or before the opening of the Court at the time set for the trial shall deliver to the Court the precept with a return showing his action thereon. CO., c. 28, s. 12. 13. Every person summoned to serve as a juror who fails to obey the summons served on him or to answer to his name when called by the clerk shall be liable to a fine not exceeding $50 which may be immediately imposed by the Court : Provided that the Court may for good cause shown reduce or entirely remit such penalty. CO., c. 28, s. 13. Enforcement .of penalty 14. All fines for nonattendance of jurors shall if not paid forthwith be levied together with the sheriff's costs and ex- penses as authorized for the execution of civil process by war- rant of distress issued by the clerk sealed with the seal of the Court directed to the sheriff and sale of goods of the party fined as provided for executing writs of execution and in default of sutQcient goods and chattels such person may be imprisoned for a term not exceeding thirty days. CO., c. 28, s. 14. Names of persons summoned on separate cards 15. The name of every person included in the precept to the sheriff and summoned by him- as hereinbefore provided with his residence and occupation shall bj' the sheriB Be written distinctly upon a piece of card or paper three inches in length by one and one-half inches in width and the pieces of card or paper so written upon shall be placed in a glass or box to be by him returned to the clerk of the Court with the return of the precept. CO., c. 28, s. 15. Selection oi jury 16. When the case in which the precept has issued is brought on to be tried the clerk shall in open Court cause the cards or papers to be mixed up in the said glass or box anid then draw out so many of the said cards or papers one after another until six jurors are drawn who after all just causes for challenging allowed appear as fair and indifferent and who shall be the jury to try the issues set for trial by jury in the case. CO., c. 28, s. 16. When special jury required 17. When upon the application of either party to a civil cause the judge orders the matters in issue to be tried by a special jury the clerk under the direction of the judge shall select from the last revised list of jurors of the district the names of twenty-four persons who from their station and in- telligence are considered by the judge qualified to try the issues 384 Scned. JURIES Cap. 28 4 and the panel shall be struck from such list and jurors sum- moned as hereinbefore provided in the case of a common jury. CO., c. 28, s. 17. 18. The party who shall apply for a special jury shall notco|^te°f _^ oilly pay the fees for striking such jury but shall also pay all expenses occasioned by the trial of the cause by such special jury and shall not have any other allowance for the same upon taxation of costs than such party would be entitled to in case the cause had been tried by a common jury unless other- wise ordered by the judge. CO., c. 28, s. 18. 19. There shall be payable to the sheriff upon the certificate sheriffs ^ ^ ^ remuneration of a judge out of the general revenue fund of the Territories the sum of five cents for every name added to the list of jurors in his district. CO., c. 28, s. 19. 20. This Ordinance shall come into force and take effect commencemen of Ordinance immediately from and after the repeal of sections 71 and 88 of The North-West Territories Act. CO., c. 28, s. 20. SCHEDULE. FORM A. Precept. In the Supreme Court of the North- West Territoriea, Judicial District of VICTOEIA by the Grace of GOD of the United Kingdom of Great Britain and Ireland, QUEEN, Defender of the Faith, etc., etc. To • the sheriff of the Judicial District of You are commanded that you cause to come before this court on the day of A.D. 1 , at ten o'clock in the forenoon at in the in the said Territories for the trial of the good and lawful men of lue said Territories whose names and places of a,bode are given in the schedule hereto annexed. Given under my hand and the seal of the said court at in the said Territories this day of A.D. 1 Clerk. 385 Cap. 28 JURIES ScJied Schedule Referred to in the Annexed Precept in the Cause of against FORM B. NORTH-WEST TERRITORIES. Summons for Jurors. vs. To By virtue of a precept dated 1 , to me directed you are hereby required and commanded to be and appear at on , the of next at the hour of o'clock in the to serve as a juror in the above named matter. Herein fail not at your peril. Sheriff's office 1 day noon ') Sheriff. 386 CHAPTER 29. An Ordinance respecting Alimony. W HE Lieutenant Governor by and with the advice and -*- consent of the Legislative Assembly of the Territories enacts as follows : 1. The Supreme Court of the North- West Territories shall J^"^"|^J^';°^^°'' have jurisdiction to grant alimony to any wife who would be Court of the « c) •/ J 1 erritones entitled to alimony by the law of England or to any wife who in alimony would be entitled by the law of England to a divorce and to alimony as incident thereto or to any wife whose husband lives separate from her without any sufficient cause and under cir- cumstances which would entitle her by the law of England to a decree for restitution of 'conjugal rights; and alimony when granted shall continue until the further order of the Court. O.O., c. 29, s. 1. 387 CHAPTER 30. An Ordinance to amend the Law relating to Slander. THE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follow;: Slander ot 1. In anv action of slander founded on words spoken of the plaintiff imputing unchastity, adultery or profligacy to a limine female, whether married or unmarried, it shall not be neces- sary to allege or prove any special damage but such words- shall be actionable per se. CO., c. 30, s. 1. 388 T CHAPTER 31. An Ordinance respecting Limitation of Actions in Certain Cases. HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. All actions for recovery of merchants' accounts, bills, Actions on. notes, and all actions of debt grounded upon any lending or contracts other contract withoui specialty shall be commenced within six years after the cause of such action arose. CO., c. 31, s. 1. 2. The provisions of The Real Property Limitation Act,'^^^^"! 1874, being chapter 57 of the Statutes of the Imperial 'Parlia- n^ttaHotr ment, passed in the ttirty-seventh and thirty-eighth years of in force''' Her Majesty's reign, are hereby declared to be in force and to have been in force in the Territories since the passing thereof. CO., c. 31, s. 2. [3. No right to the access and use of light or any other ease- ment, right in gross or profit a prendre shall be acquired by any person by prescription and no such right shall be deemed to have been so acquired prior to the coming intq force of this Ordinance.] 1903, 2nd session, c. 7, s. 1. 389 CHAPTER 32. An Ordinance respecting Justices of the Peace. TIHE Lieutenant Governor by and with the advice and -*- consent of the Legislative Assembly of the Territories enacts as follows : SHORT TITLE. :Short title 1. This Ordinance may be cited as "The Magistrates Ordi- nance." CO. c. 32, s. 1. JUSTICES OF THE PEACE. ofT-StlcS™' 2. The Lieutenant Governor may appoint justices of the peace for the Territories who shall have jurisdiction as sach throughout the same. G.O., c. 32, s. 2. Sth^'eac" ^' Whenever a new commission of the peace shall be issued all and such like former commissions shall become absolutely revoked and cancelled; and nothing in this Ordinance con- tained shall prevent the reappointment of any justice of the peace named in such former commission if the Lieutenant Governor shall think tit. CO., c. 32, s. 3. * be'app"o'inted ^' ^° persou who is not a British subject by birth oi^ naturalization shall be appointed as a justice of the peace. CO., c. 32, s. 4. No practisingr .advocate to lie justice Proviso 5. When not otherwise especially provided for by law no advocate shall be appointed or act as a justice of the peace during the time he continues to practice as such. (2) The provisions of this section shall not apply to any advocate appointed as a police magistrate. CO., c. 32, s. 6; 1903, 2nd session, c. 10, s. 1. OATHS OF JUSTICES. ■Oath of oifice and .allegiance J'orm of oath 6. Every justice of the peace before he is gazetted, as such and takes upon himself to act as a justice of the peace shallf take B,nd subscribe the oath of allegiance and the following oath before any person authorized to administer oaths and declarations in the Territories, that is to say : I, A.B., of in the district oi (as the case may be) do swear that I will well and truly serve our Sovereign Lady Queen Victoria in the office of justice of the peace and that I will do right to all manner of people 390 s. 10 (6) MAGISTRATES. Cap. 32 ,2 after the laws and usages of these Territories without fear ov favour, affection or ill will. So help me God. CO., c. 32, s. 6. 7. Every oath of office or allegiance taken by a justice of ^'"=°"^°* the peace shall "forthwith after the same is taken be trans- mitted or delivered by the justice of the peace to the clerk of the Executive Council and shall be filed in his office. CO., c. 32, s. 7. PROCEDURE. 8. Except it is otherwise specially provided all the provi- f|'^'c^"?^°f sions of part LVIII of the Act of the Parliament of Canada Code t7Tppiy mown as The Criminal Code 1892 and the Acts already '° '"'"^^ passed or which may be hereafter passed amending the same shall apply to all proceedings before justices of the peace under or by virtue of any Ordinance of the Territories, [or municipal by-laws and to appeals from convictions or orders made therein.] CO., c. 32, s. 8; 1900, c. 8, s. 1. 9. [Repealed) 1900, c. 8, g. 2. PRIORITY OF JURISDICTION. 10. Jurisdiction in any particular case shall - exclusively jurisdiction attach in the first justice of the peace or where more than one '" " ^"^ "^ justice is required the first justices to the required number duly authorized who has or have possession and cognizance of the fact : Provided that at the request of any such justice or at the proviso unanimous request of any such justices where more than one justice is required any other justice or justices may take part in any case. (2) Every complaint and information shall be heard, tried, jurisdiction determined and adjudged by one justice or two or more jusr mo°e justices tices as directed by the Ordinance or law upon which the complaint or information is framed or by any other Ordi- nance or law in that behalf. (3) If there is no such direction in any Ordinance or law then the complaint or information may be heard, tried, deter- mined and adjudged by any one justice. (4) Any one justice may receive the information or com- plaint and grant a summons or warrant thereon and issue his summons or warrant to compel the attendance of any wit- nesses for either party and do all other acts and matters necessary preliminary to the hearing even if by the Orainance in that behalf it is provided that the information or com-, plaint shall be heard and determined by two or more justices. (5) After a case has been heard and determined one justice may issue all warrants of distress or co mm itment thereon. 391 Cap. 32 MAGISTRATES s. 10 (6) (6) It shall not be necessary for the justice who acts before or after the hearing to be the justice or one of the justices by whom the case is to be or was heard and determined. (7) If it is required by any Ordinance or law that an infor- mation or complaint shall be heard and determined by two or more justices or that a conviction or order shall be made by two or more justices, such justices shall be present and aci) together during the whole of the hearing and determinatioii of the case. CO., c. 32, s. 10. RETURNS. Returns and transmissions Procedure to enforce returns 11. Every justice of the peace who receives the amount of any fine, penalty, forfeiture or other sum of money which is payable to the Government of the Territories shall forthwith after he has received the same transmit the amount to the Attorney General with a statement as in form A in the schedule to this Ordinance. (2) Every justice of the peace by or before whom, whether alone or with one or more other justice or justices, any matter of any nature whatsoever is commenced, tried, heard, revised or adjudicated upon shall in the months of January and July in each year and before the fifteenth day thereof make a return in writing signed to him to the Attorney General shew- ing the result, disposition of or action taken upon or in regard to any such matter so dealt with theretofore which has not been included in sbme previous return made by such justice to the Attorney General. (8) Such return shall be in form B in the schedule to this Ordinance and shall truly set forth the information indicated as required by the headings to the different columns in said form. (4) In case no proceedings whatever have been had or taken before any justice he shall make a return so stating. CO., c. 32, s. 11. 12. Any justice or justices of the peace whose duty it is to make returns or transmit fines, penalties, forfeitures or other moneys as aforesaid who refuses or neglects to make such returns or transmit such amounts in the manner and at the time above provided may be required by a written notice from the Attorney General (which notice may be forwarded to the usual or last known post office address of the said justice or justices by post prepaid and registered or delivered to the said justice or justices in person) requiring such justice or justices forthwith to make such returns or transmit such amounts as aforesaid ; and after the expiration of thirty days from the posting or delivery of such notice should the said justice ou justices still refuse or neglect to make such returns or trans- mit such amounts as aforesaid then the Attorney General shall 392 returns s. 15 (3) MAGISTRATES Cap. 32 report such refusal, neglect or omission to the Territorial Secretary who shall cause the names of the justice or justices so making default to be published in the official gazette of the Territories during two successive issues thereof with a notice stating that in default of the justice or justices therein named making such returns or transmissions within thirty days from the first publication of such notice the name of such justice or justices so making default shall be erased from the commis- sion of the peace; and the Territorial Secretary shall on the expiration of thirty days from the date of the first publication in The NoHh-West Territories Gazette erase from the commission of the peace the name of every justice of the peace still.in default and upon such erasure such justice or justices of the peace shall be and become deprived of all power and authority and jurisdiction as justice of the peace and shall not thereafter be eligible for reappointment. CO., c. 32, s. 12. 13. The penalties in this Ordinance provided for omission J^JU'/rlto to make returns shall be in addition to all other fines, penalties Penalties or punishment provided therefor by any other Ordinance or law in force in the Territories. CO., c. 32, s. 13. 14. In case the justice or justices before whom any such P™^^'y ^of^^ conviction takes place or who receives or receive any such retum money neglects or refuses, neglect or refuse to make such return thereof or in case any such justice or justices wilfully makes or make a false, partial or incorrect return every such justice so neglecting or refusing or wilfully making such false, partial or incorrect return shall forfeit and pay the sum of $100 together with full costs of suit to be recovered by the Attorney General on behalf of Her Majesty before the Supreme Court of the Territories as a debt, the same when recovered to form part of the general revenue fund of the Territories. CO., c. 32, s. 14. [police magistrates.] [15. The Lieutenant Governor in Council may appoint police magistrates in the Territories and such police magistrates shall have all the powers and authorities now or hereafter vested in two justices of the peace under any law in Canada and shall exercise jurisdiction in and for such territory as is defined by the order in council appointing them or by any order in council amending the same. (2) No person shall be appointed a police magistrate unless he has been admitted and ha,s practised as an advocate barrister or solicitor in the Territories or in one of the provinces of Canada for a period of not less than three years. (3) Every police magistrate and every justice of the peace whether heretofore or hereafter appointed shall hold office 393 Cap. 32 MAGISTRATES S. 16 (3) during the pleasure of the Lieutenant Governor in Council and Tils appointment may at any time be revoked. (4) Notwithstanding the resignation or revocation of the appointment of any police magistrate or justice of the peace he shall remain liable to transmit all fines and make all re-< turns that he was liable to transmit or make at the time of such resignation or revocation and shall be subject to all pen- alties for failure to transmit such fines or make such returns as if he had continued such police magistrate or justice of the peace.] 1903, 2nd session, c. 10. s. 2. SCHEDULE. FOEM A. The Attorney General, Regina, N.W.T. SlE, I inclose herewith the sum of $ the penalty collected on the from of at on the on conviction for to the provisions of section of being the amount of day of imposed by day of 1 contrary Your obedient servant, J.P. 394 Scned. MAGISTRATES FORM B. Cap. 32 & Return by Justice of the Peace. I, the undersigned, one of Her Majesty's Justices of the Peace in and for the North- West Territories do certify the following to be a true and correct return of all proceedings heretofore had in which I took part as such justice and not included in some previous return made by me to the Attorney ' General of the Territories. B Z . Any order made under this Ordinance may be made on "-"^'^ such terms as to costs or otherwise as the authority making the order thinks just. CO., c. 35, s. 16. ■ 17. V^htnever it is directed by any Ordinance that any Directionsyor J J ^ arbitration to party or parties shall proceed to the appointment of arbitrators be deemed or appoint arbitrators as provided by this Ordinance or that any party or parties shall proceed to arbitration under this Ordinance or any similar direction shall be made with respect to arbitration under this Ordinance such direction shall be deemed a submission, CO., c. 35, s. 17. SCHEDULE. (a) If no other mode of reference is provided the reference arbifrttor shall be to a single arbitrator. (b) If the reference is to two arbitrators the two arbitrator^ ""'"" may appoint an umpire at any time within the period during which they have power to make an award. (c) The arbitrators shall make their award in writing with- J™neTof in six weeks after entering on the reference or after having ^"'"^'^ been called on to act by notice in writing from any party td the submission or on or before any later day to which the arbi- trators by any writing signed by them may from time to tiimie enlarge the time for making the award. (d) If the arbitrators have allowed their time or extended ^„tagreeing, time to expire without making an award or have delivered to ""?;■■= to act any party to the submission or to the, umpire a notice in writ- ing stating that they cannot agree the umpire may forthwith enter on the reference in lieu of the arbitrators. (e) The umpire shall make his award within one^ month u^'^-re°/award after the original or extended time appointed for making the award of the arbitrators has expired or on or before any later day to which the umpire by any writing signed by him may from time to time enlarge the time for making his award. (/) The parties to the reference and all persons claiming E-mination through them respectively shall subject to any legal objection submit to be examined by the arbitrators or umpire on oath or p^^^^^^^.^^ ^^ affirmation in relation to the matters in dispute and shall sub- papers 403 Cap. 35 ARBITRATION Sched. Oath or afHrmation Finality ot award Costi of reference ject as aforesaid produce before the arbitrators or umpire all books, deeds, papers, accounts, writings and documents within their possession or power respectively which may be required or called for and do all other things which during the proceed- ings on the reference the arbitrators or umpire may require. ig) The witnesses on the reference shall if the arbitrators or umpire think fit be examined on oath or affirmation. (h) The award to be made by the umpire or arbitrators shall be final and binding on the parties and the persons claiming under them respectively. (i) The costs of the reference and award shall be in the dis- cretion of the arbitrators or umpire who may direct to and by whom and in what manner the costs or any part thereof shall be paid and may tax or settle tEe amounts of costs to be so paid or any part thereof. 404 CHAPTER 36. An Ordinance respecting the Investigation of Accidents by Fire. THE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows : l.Any justice of the peace may subject to the provisions ^^^p^j^^^^'J ^^ hereinafter contained institute an inquiry into the cause or '"'»"''''= i"'" • • « n T , , . ^ J cause oi fires origin of any hre and whet^ier it was kindled by design or was the result of negligence or accident and act according to the result of such inquiry. CO., c. 36, s. 1. 2. No justice of the peace shall institute an inquiry into the ^^°|^3^"^f^y '"^^ cause or origin of any such fire until a sworn statement in °" reasonable writing has been made before him that there is reasonably suspicion that such fire was the result of culpable or negligent conduct or design or occurred under such circumstances as inl the interests of justice and for the due protection of property require an investigation nor until such statement having been received by him he has reported the, same to the Attorney Greneral and received from the Attorney General authority to make such inquiry. CO., c. 36, s. 2. 3. For the purpose of any inquiry under this Ordinance Examination ..■*--*^ ./T.^/ oi Witnesses such justice of the peace shall summon and bring before him all persons whom he deems capable of giving information or evidence touching or concerning such fire and shall examine such persons on oath and shall reduce their eixaminations to writing and return the same to the Attorney General. CO., c. 36, s. 3. 4. If any person having been duly summoned as a witness \l^f^^J^°^^^ to give evidence upon any such inquiry does not after being »• witnew openly called three times appear and give evidence at such in- quiry the justice of the peace shall be empowered to impose upon the person so making default such fine as he thinks fit not exceeding $10 ; and such justice of the peace shall make out and sign a certificate containing the name, residence, trade or calling of such person together with the amount of the fine im- posed and the cause of such fine and shall cause a copy of such certificate to be served on the person so fined personally or by leaving it at his residence within seven days after holding such inquiry and if the same is not paid within the space of seven days after such certificate has been served as aforesaid a war- rant of distress shall be issued by the justice of the peace to 40B Cap. 36 ACCIDENTS BY FIRE S. 4r be levied on the goods and chattels of such offender and in de- fault of such distress or if such distress shall prove insufficient such justice of the peace may commit the offender to prisun tor any term not exceeding twenty-one days. CO., c. 36, s. 4. 406 TITLE IV. RELATING TO REAL PROPERTY. CHAPTER 37. An Ordinance respecting Land held by two or more Persons. rr HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows : 1. Whenever by any letters patent, transfer, conveyance, as- owners to hou surance, will or other assignment land or any interest in land common'^'" is granted, transferred, conveyed, assigned or devised to twu or "n'tention more persons other than executors or trustees in fee simple or °*=™'^= for any less estate legal or equitable such persons shall take as tenants in common and not as joint tena.nts unless an intention sufSciently appears on the face of such letters patent, conveys ance, assurance, will or other assignment that they take as joint tenants. CO., c. 37, s. 1. 407 CHAfTER 38. An Ordinance respecting the Holding of Lands in Trust for Religious Societies and Congregations. npHE Lieutenant Governor by and with the advice and consent -^ of the Legislative Assembly of the Territories enacts as follows : Trustee may be appointed to hold lands Lands not to exceed 320 acres 1. When any religious society or congregation of Christians in the Territories desire to take a conveyance or transfer 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 transfer or by resolution passied in the manner provided for in the tenth section of this Ordinance the land requisite for all or any of the purposes aforesaid may be conveyed or transferred and such trustees and their successors in perpetual succession by the name expressed in the deed or resolution may take hold and possess the land and maintain and defend all actions or suits for the protection thereof or of their property therein : Provided always that no religious society or congregation shall be capable of holding under the provisions of this Ordi- nance more than three hundred and twenty acres of land. CO., c. 38, s. 1. Conveyance to be registered within one year 2. Such trustees shall within twelve months after the execution of the transfer or deed of conveyance as authorized in the next preceding section cause the title to the land de- scribed therein to be registered in the land titles office of the) land registration district in which the land is situated, other- wise the said deed or transfer shall be void. CO., c. 38, s. 2. Debts Ssicured by mortgage Power to borrow 3. When a debt has been or may hereafter be contracted for the building, repairing, extending or improving a church chapel, meeting house or residence for the minister on land held by trustees under the provisions of this Ordinance or for the purchase of the land on which the same has been or is intend- ed to be erected the trustees or a majority of them may fromi time to time secure payment of the debt or any part thereof with or without interest by mortgage upon the land, church, chapel, meetinghouse or residence for the minister or may borrow money to pay the debt or any part thereof and may secure the repayment of the loan with or without interest .by a like mort- gage. CO., c. 88, s. 3. 408 S. 7 LANDS OF KELIGIOUS SOCIETIES Cap. 38 2 4. The trustees may lease for any term not exceeding twenty- ^eTel^d^ one years land held by them under this Ordinance or ^arii thereof at such rent and upon such terms as the trustees or a majority of them may deem reasonable: Provided always that the trustees shall not lease any land which at the time of the making of the lease is necessary for the purpose of erecting a church, chapei, meetinghouse or resi- dence for the minister or for a burial ground for the religious society or congregation for whose use the land is held ; and Provided further that the trustees shall not lease the land so when consent held by them or any part thereof for a term exceeding thre^ con^r'egit°on years without the consent of the religious society or congrega- n°ecessary tion for whose use the land is held, which consent shall be signified by resolution passed by the votes of a majority of those persons who by the constitution of the said religious! society or congregation or by the practice of the church with which it is connected are entitled to vote in respect of church business, present at a meeting of the religious society or con- gregation duly called ,f or the purpose of considering iiie pro- posed lease. CO., c. 38, s. 4. 5. In any lease made under the last preceding section ^^^f^^^^f trustees may covenant or agree for the renewal thereof at the expiration of any or every term of twenty-one years for a further term of twenty-one years or any less period at sue h rent and on such terms as may then by the trustees for the time being be agreed upon with the lessee, his executors, administra- tors or assigns or may covenant or agree for the payment to the lessee, his executors, administrators or assigns of the value of any buildings or other improvements which may at the expira- tion of any term be on the demised premises; and the mode o| ascertaining the amount of such rent or the value of such im-. provements may also be provided for in the original or any sub- sequent lease. CO., c. 38, a 5. • 6. The trustees for the time being holding land under this Trustee to^ Ordinance which has been leased under the powers contained in of landlords the fourth and fifth sections of this Ordinance may take all such means and proceedings for the recovery of rent or arrears of rent which landlords are by law entitled to take. CO., c. 38, s. 6. 7. When land held by trustees for the use of a religious saie of land society or congregation becomes unnecessary to be retained for such use and it is deemed advantageous to sell the same the trustees for the time being may give public notice of an intended sale, specifying the premises to be sold, the terms of payment and the time of sale and after publication of the notice not less than once in each week for four guccessiv^n weeks in a newspaper published in or near the place whei-le the land is situated, sell the land at public auction according 409 LANDS OF RELIGIOUS SOCIETIES S. 7 Sanction of judge to transfer Cap. 38 to notice, but the trustees shall not be obliged to complete or carry a sale into effect if in their judgment an adequate price is not offered for the land ; and in such a case the trusteeis may at a subsequent time sell the land either at public auction or private sale but a less sum shall not be accepted at private sale than was offered at public sale. CO., c. 38, s. 7. 8. Before a deed or transfer is executed in pursuance of a public or private sale the religious society or congregation for whose use the land is held shall be notified and the sanction of a judge of the Supreme Court usually exercising jurisdiction in the judicial district in which the land is situated, obtained for the execution of the deed. CO., c. 38, s. 8. Annual statement 9. Trustees selling or leasing land under the authority of this Ordinance shall in the month of January in each year at a meeting of the religious society or congregation duly called according to the constitution thereof or according to the practice of the church with which it is connected, have ready and open for the inspection of the said society or congregation and of any and every member thereof a statement showing all rents which accrued during the preceding year and aU sums of money in their hands for the use and benefit of the said society or congregation which were in any manner derived from the land under their control or subject to their manage- ment or from the proceeds of the sale thereof and also showing the manner in which they may have expended or dealt with the said money or any part tliereof . CO., c. 38, s. 9. Society or congregation may specify manner of appointing succeeding trustees 10. When land is granted, transferred or conveyed to trus- tees for the use of any religious society or congregation andi the grant, transfer or deed of conveyance of such land does not specify the manner in which the successors to the trustees therein named are to be appointed the religious society or congregation for whose use such land is held may at a meeting of the said society or congregation dulj?- called according to the constitution thereof or according to the practice of the church with which it is connected, by the votes of a majority of those persons who by the constitution of the said society or congrega- tion or by the practice of the church with which it is connected are entitled to vote in respect of church business, then present at such meeting, pass a resolution specify- ing the manner in which the successors of the trustees for the time then being are fo be appointed and such resolution indorsed on or annexed to the deed, transier oij conveyance under which the land is held for the use of thei said society or congregation signed by the chairman and secre- tary of the meeting at which the resolution is adopted shall govern and regulate the manner in which the successors of the trustees named in the original grant or conveyance shall be appointed and from and after the passing of such resolution the 410 S. 11 LANDS OF RELIGIOUS SOCIETIES Cap. 38 4 provisions of this Ordinance shall apply to the said society ort congregation and the trustees thereof. CO., c. 38, s. 10. , 11. In the case of a congregation connected with the Presh Presbyterian byterian Church in Canada for the use or benefit of which '=''"^"«^^''°"' land is now held or may hereafter be held by The Board of Exception Management of the Church and Manse Building Fund of the Presbyterian Church in Canada for Manitoba and the North- west pursuant to the powers contained in the Act of Parlia- ment of Canada passed in the forty-sixth year of the reign of iler Majesty and chaptered 97, incorporating the said board of management, in the case of any congregation of the said church which has received from the said board a loan under the pro- visions of the said Act, no resolution passed under the last preceding section shall have any force or be operative until the same has been submitted to the said board of management and the consent thereto of the said board of management has been engrossed in writing under their corporate seal. CO., c. 38, s. 11. 411 TITLE V. RELATING TO MERCANTILE LAW. CHAFTER 39, An Ordinance respecting the Sale of Goods. rrHE Lieutenant Governor by and with the advice and -*- consent of the Legislative Assembly of the Territories enacts as follows : SHORT TITLE. Short title 1. This Ordinance may be cited as "Tfte Sale of Goods Or- dinance." CO., c. 39, s. 1. INTERPEETATION. Interpretation 2. In this Ordinance unless the context or subject matter otherwise reqiyres : (a) "Action" includes counterclaim and set off; (b) "Buyer" means a person who buys or agrees to buy goods ; (c) "Contract of sale" includes an agreement to sell as well as the sale; (d) "Delivery" means voluntary -transfer of possession from one person to another ; (e) "Document of title to goods" has the same meaning as it has in The Factors' Ordinandi; (/) "Factors' Ordinance" means The Factors' Ordinance and any enactment amending or substituted for the same; (gf) "Fault" means wrongful act or default; {h) "Future goods" means goods to be manufactured or acquired by the seller after the making of the con- tract of sale ; (i) "Goods" includes all chattels personal other than things in action or money. The term includes imple- ments, industrial growing crops and things attached to or forming part of the land which are agreed to be served before sale or under the contract of sale ; (j) "Property" means the general property in goods and not merely a special property ; 412 s. 4 SALE OP GOODS Cap. 39 ' (fc) "Quality of goods" include their state or condition; (f) "Sale" includes a bargain and sale as well as a sale and delivery ; (m) "Seller" means a person who sells or agrees to sell goods ; (n) "Specific goods" means goods identified and agreed upon at the time a contract of sale is made ; (o) "Warranty" means an agreement with reference to goods which are the subject of a contract of sale but collateral to the main purpose of such contract, the Breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the con- tract as repudiated. (2) A thing is deemed to be done " in good faith " within the meaning of this Ordinance when it is in fact done honesltly: whether it be done negligently or not. (3) A person is deemed to be insolvent within the meaning of this Ordinance who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due. (4) Goods are in a " deliverable state " withi^n the meaning of this Ordinance when they are in such a state that the buyer would under the contract be bound to take delivery of them. CO., c. 39, s. 2. PAET I. FORMATION OF THE CONTEAOT. Contract of Sale. 3. A contract of sale of goods is a contract whereby the sel- saie and ler transfleiTS or agrees to transfer the property in goods to thei tf sd™*"' buyer for a money consideration called the price. There may be a contract of sale between one part owner and another. (2) A contract of sale may be absolute or conditional. (3) Where under a contract of sale the property in the goods is transferred from the seller to the buyer the contract is called a sale ; but where the transfer of the property in the goods is| to take place at a future time or subject to some condition thereafter to be fulfilled the contract is called an agreement to ■sell. (4) An agreement to sell becomes a sale when the time. elapses or the conditions are fulfilled subject to which the pro- perty in the goods is to be transferred. CO., c. 39, s. 3. 4. Capacity to buy and sell is regulated by the general law! Capadty to concerning capacity to contract and to transfer and acquire property : 413 8 Proviso Cap. 39 SALE OF GOODS S.4 Contract of sale, how made Contract of sale for $50 and upwards Existing or future goods Provided that where necessaries are sold and delivered to an infant or minor or to a person who by reason of mental incapa- city or drunkenness is incompetent to contract he must pay a reasonable price therefor. " Necessaries" in this section means goods suitable to the condition in life of such infant or minor or other person and to his actual requirements at the time of the sale and delivery. CO., c. 39, s. 4. Formalities of the Contract. 6. Subject to the provisions of this Ordinance and of any Ordinance in that behalf a contract of sale may be made in writing (either with or without seal) or by word of mouth or partly in writing and partly by word of mouth or may be im-- plied from the conduct of the parties : Provided that nothing in this section shall affect the law re- lating to corporations. CO.. c. 39, s. 5. 6. A contract for the sale of any goods of the value of fifty dollars or upwards shall not be enforceable by action unless the buyer shall accept pa.rt of the goods so sold and actually receive the same or give something in earnest to bind the con- tract or in part payment or unless some note or memorandum in writing of the contract be made and signed by the party to be charged or his agent in that behalf. (2) The provisions of this section apply to every such con- tract notwithstanding that the goods may be intended to be delivered at some future time or may not at the time of such contract be actually made, procured or provided or fit or ready for delivery or some act may be requisite for the making or completing thereof or rendering the same fit for delivery. f3) There is an acceptance of goods within the meaning of this section when the buyer does any act in relation to tha goods which recognize a pre-existing contract of sale whether there be an acceptance in performance of the contract or not. CO., c. 39, s. 6. Subject matter of Contract. 7. The goods which from the subject of a contract of sale may be either existing goods owned or possessed by the seller or goods to be manufactured or acquired by the seller after the making of the contract of sale, in this Ordinance called "future goods." (2) There may be a contract for the sale of goods the acqui- sition of which by the seller depends upon a contingency which may or may not happen. (3) Where by a contract of sale the seller purports to effect a present sale of future goods the contract operates as an agreement to sell the goods. 414 B. 13 (a) SALE OF GOODS Cap. 39 4 8. Where there is a contract for the sale of specific goods havf %'^Sd and the goods without the knowledge of the seller have perished at the time when the contract is made the contract is void. CO., c. 39, s. 8. 9. Where there is an agreement to sell specific goods and Goods subsequently the goods without any fault on the part of thebrfore"fie seller or buyer perish before the risk passes to the buyer the agreement agreement is thereby avoided. CO., c. 39, s. 9. '° "'" The Price. 10. The price in a contract of sale may be fixed by the Ascertainment contract or may be left to be fixed in manner thereby agreed ° ''"" or may be determined by the course of dealing between the parties. (2) Where the price is not determined in accordance with the foregoing provisions the buyer must pay a reasonable price. What is a reasonable price is a quesiton of fact dependent on the circumstances of each particular case. CO., c. 39, s. 10. 11. Where there is an agreement to sell goods on the terms Agreement o o to sell that the price is to be fixed by the valuation of a third party at valuation and such third party cannot or does not make such valuation the agreement is avoided : Provided that if the goods or any part thereof have been delivered to and appropriated by the buyer he must pay a, reasonable price therefor. (2) Where such third party is prevented from making the' valuation by the fault of the seller or buyer, the party not in fault may maintain an action for damages against the party in fault. CO., c. 39, s. 11. Conditions and Warranties. 12. Unless a different intention appears from the terms of stipulations the contract stipulations as to time of payment arei not deemed to be of the essence of a contract of sale. Whether any ouier stipulation as to time is of the essence of the contract or not depends on the terms of the contract. (2) In a contract for sale "month" means prima facie calendar month. CO., c. 39, s. 12. 13. Where a contract or sale is subiect to any condition to when ,, . ,T .... condition to be fulfilled by the seller the buyer may waive the condition or be treated as may elect to treat the breach of such condition as a breach of '^^"'"'^y warranty and not as a ground for treating the contract as repudiated. (a) Whether a stipulation in a contract of sale is a con- dition the breach of which may give rise to a right to 415 Cap. 39 SALE OF GOODS s. 13 (a) Implied undertaking as to title, etc. treat the contract as repudiated or a warranty the breach of which may give rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated depends in each case on the construction of the contract. A stipulation may be a condition though called a warranty in the contract. {b) Where a contract of sale is not severable and the buyer has accepted the goods or part thereof or where the contract is for specific goods the property in which has passed to the buyer, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated unless there be a term of the contract expressed or implied to that effect. (2) Nothing in this section shall affect the case of any con- dition or warranty fulfillment of which is excused. by law by reason of impossibility or otherwise. CO., c. 39, s. 13. 14. In a contract of sale unless the circumstances of the contract are such as to shpw a different intention there is: 1. An implied condition on the part of the seller that in the case of a sale he has a right to sell the goods and- that in the case of an agreement to sell he will have a right to sell the goods at the time when the property is to pass ; 2. An implied warranty that the buyer shall have and enjoy quiet possession of the goods ; 3. An implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contract is made. CO., c. 39, s. 14. Sale by description Implied conditions as to quality or fitness 15. When there is a contract for the sale of goods by de- scription there is an implied condition that the goiods shaU correspond with the description; and if the sale be by sample as well as by description it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description. CO-, c. 39, s. 15. 16. Subject to the provisions of this Ordinance and of any Ordinance in that behalf there is no implied warranty or con- dition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale except as follows : 1. Where the buyer expressly or by implication makes known to the seller the particular purpose for which the goods are required so as to show that the buyer relies on the seller's skill or judgment and the goods aire of a description which it is in the course of the seller's business to supply (whether he be the manufacturer or not) there is an implied condition that the goods shall be reasonably fit for such purpose : 416 s. 19 (2) SALE OF GOODS Cap. 39 Provided that in the case of a contract for the sale of a specified article under its patent or other trade name there is no implied condition as to its fitness for any particular purpose; 2. Where goods are bought by description from a seller who deals in goods of that description (whether he be the manu- facturer or not) there is an implied condition that the goods shall be of merchantable quality ; Provided that if tEe buyer has examined the goods there shall be no implied condition as regards defects which such examination ought to have revealed; 3. An implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade ; 4. An express warranty or condition does not negative a warranty or condition implied by this Ordinance unless incon- sistent therewith. CO., c. 39, s. 16. Sale by Sample. 17. A contract of sale is a contract for sale by sample where sak^ty there is a term in the contract express or implied to that eifect. (2) In the case of a contract for sale by sample : (a) There is an implied condition that the bulk shall cor- respond with the sample in quality ; (b) There is an implied condition that the buyer shall have a reasonable opportunity of comparing the bulk with the sample ; (c) There is an implied condition that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examina- tion of sample. CO., c. 39, s. 17. PAET II. EFFECTS OF THE CONTRACT. Transfer of Property as between Seller and Buyer, . 18. Where ther© is a contract for the sale of unascertained Goods^™u?^t^ goods no property in the goods is transferred to the buyer unless and until the goods are ascertained. CO., c. 89, s. 18. 19. Where there is a contract for the sale of specific or ascer- plj^eT^hen tained goods the property in them is transferred to the buyer '^'^f at such time as the parties to the contract intend it to be transferred. (2) For the purpose of ascertaining the intention of the par- ties regard shall be had to the terms of the contract, the con- duct of the parties and the circumstances of the case. CO., c. 39, s. 19. 417 7. Cap. 39 SALE OF goods s. 20 asc'e?tl°nii, ^^' Uiiless 9, different inteintion appears the following are intention rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer : Rule I. — Where there is an unconditional contract for the sale of specific goods in a deliverable state the pro- perty in the goods passes to the buyer when the con- tract is made and it is immaterial whether the time of payment or the time of delivery or both be post- poned. Rule II. — Where there is a contract for the sale of specific goods and the seller is bound to do something to the goods for the purpose of putting them into a deliver- able state the property does not pass until such thing be done and the buyer has notice thereof. Rule III. — Where there is a contract for the sale of specific goods in a deliverable state but the seller is bound to weigh, measure, test or do some other act or thing with reference to the goods for the purpose of ascer- taining the price, the property does not pass until such act or thing be done and the buyer has notice thereof. Rule IV. — When goods are delivered to the buyer on ap- proval or "on sale or return" or other similar terms the property therein passes to the buyer: (a) When he signifies his approval or acceptance to the seller or does any other act adopting the transac- tion; (b) If he 'does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection then if a time has been fixed for the return of the goods, on the expiration of such time; and, if no time has been fixed, on the expira- tion of a reasonable time. What is a reasonable time is a question of fact. Rule V. — Where there is a contract for the sale of unas- certained or future goods by description and goods of that description and in a deliverable state are uncon- ditionally appropriated to the contract either by the seller with the assent of the buyer or by the buyer with the assent of the seller the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied and may be given either before or after the appropriation is made ; (2) Where in pursuance of the contract the seller deliv- ers the goods to the buyer or to a carrier or other bailee or custodier (whether named by the buyer or not) for the purpose of transmission to the buyer and does not reserve the right of disposal he is- 418 s. 23 (b) SALE OF GOODS Cap. 39 8 deemed to have unconditionally appropriated the goods to the contract. CO., c. 39, s. 20. 21. Where there is a contract for the sale of specific goods of*?f|j;fir ■or where goods are subsequently appropriated to the contract ^'^p°'^ the seller may by the terms of the contract or appropriation reserve the right of disposal of the goods until certain condi- tions are fulfilled. In such case, notwithstanding the delivery of the goods to the buyer or to a carried or other bailee or cus- todier for the purpose of transmission to the buyer, the pro- perty in the goods does not pass to the buyer until the condi- tions imposed by the seller are fulfilled. (2) Where goods are shipped and by the bill of lading the goods are deliverable to the order of the seller or his agent the seller is prima .facie deemed to have the right of disposal. (3) Where the seller of goods draws on the buyer for the price and transmits the bill of exchange and bill of lading to tho buyer together to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honour the bill of exchange and if he wrongfully retains the bill of lading the property in the goods does not pass to him. CO., c. 39, s. 21. 22. Unless otherwise agreed the goods remain at the seller's ^''M''''"''' tJ o facie passej risk until the property therein is transferred to the buyer but ^^''h property when the property therein is transferred to the buyer the goods are at the buyer's risk whether delivery has been made or not : Provided that where delivery has been delayed through the fault of either buyer or seller the goods are at the risk of the party in fault as regards any loss which might not have occur- red but for such fault : Provided also that nothing in this section shall affect the duties or liabilities of either seller or buyer as a bailee or cu^ ■todier of the goods of the other party. C.O., c. 39, s. 22. Transfer of Title. 23. Subiect to the provisions of this Ordinance, where goods saie by person ^~^ not owner are sold bv a person who is not the owner thereof and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had unless the owner of the goods is by his conduct pre- cluded from denying the seller's authority to sell. Provided also that nothing in this Ordinance shall affect : (a) The provisions of The Factors' Ordinance or any en- actment enabling the apparent owner of goods to dis- pose of them as if he were the true owner thereof ; (b) The validity of any contract or sale under any special common law or statutory power of sale or under the order of a court of competent jurisdiction. CO., c. 39, 8. 23. 419 Cap. 39 SALE OF GOODS S. 24 Sale under voidable title 2i. When the seller of goods has a voidable title thereto but his title has not been voided at the time of sale the buyer ac- quires a good title to the goods provided he buys them in good faith and without notice of the seller's defect of title.. C.O., c. 39, s. 24. ^^possTsrior"^ 25. Where a person having sold goods continues or is in after sale possossion of the goods or of the documents of title to the goods the delivery or transfer by that person or by a mercantile agent acting for him of the goods or documents of title under any sale, pledge, or other disposition thereof to any person re- ceiving the same in good faith and without notice of the pre- vious sale, shall have the same effect as if the person making the delivery or transfer was expressly authorised by the owner of the goods to make the same. (2) Where a person having bought or agreed to buy goodip obtains with the consent of the seller possession of the goods or the documents of title to the goods, the delivery or transfer to that person or by a mercantile agent acting for him of the goods or documents of title under any sale, pledge or other dis- position thereof to any person receiving the same in good faith and without notice of any lien or other right of the original seller in respect of the goods shall have the same effect as if the person making the delivery or transfer were a mercantile agent in possession of the goods or documents of title with the con- sent of the owner. (3) In this section the term " mercantile agent " has the same meaning as in The Factors' Ordinance. CO., c. 39, s. 25. PAUT III. Performance of the Contract. Duties of seller and buyer 26. It is the duty of the seller to deliver the goods and of the buyer to accept and pay for them in accordance with the terms of the contract of sale. CO., c. 89, s. 26. Payment and delivery are concurrent conditions 27. Unless otherwise agreed delivery of the goods and pay- ment of the price are concurrent conditions ; that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price and the buyer must be ready and willing to pay the price in exchange for possession of the goods. CO., c. 39, s. 27. Rules as to delivery 28. Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract express or implied be- tween the parties. Apart from any such contract express or 420 s. 30 (2-) SALE OF GOODS Cap. 39 10 implied the place of delivery is the seller's place of business if he have one and, if not, his residence : Provided that if the contract be for the sale of specific goods which to the knowledge* of the parties when the contract is made are in some other place, then that place is the place of delivery. ^ (2) Where under the contract of sale the seller is bound tq send the goods to the buyer but no time for sending them is fixed the seller is bound to send them within a reasonable time. (3) Where the goods at the time of the sale are in possession 11 [ a ; hird person there is no delivery by seller to buyer unless and, until such third person acknowledges to the buyer that he holds the goods on his behalf : Provided that nothing in this section shall affect the opera- tion of the issue or transfer of any document of title to goods. (4) Demand or tender of delivery may be treated as ineffec- tual unless made at a reasonable hour. What is a reasonable hour is a question of fact. * (5) Unless otherwise agreed the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller. CO., c. 39, s. 28. 29. Where the seller delivers to the buyer a quantity o£°=^^^"'y°f goods less than he contracted t^ sell the buyer may reject them quantity but if the buyer accepts the goods so delivered he must pay for them at a contract rate. (2) Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell the buyer may accept the goods included in the contract and reject the rest or he may reject the whole. If the buyer accepts the whole of the goods so delivered he must pay for them at the contract rate. (3) Where the seller delivers to the buyer_goods he con- tr£M3t©d to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest or he may reject the whole. (4) The provisions of this section are subject to any usage of trade, special agreement or course of dealing between the parties. CO., c. 39, s. 29. 30. Unless otherwise agreed the buyer of goods is not bound i^j'^^J^-'j'* to accept delivery thereof by instalments. (2) Where there is a contract for the sale of goods to be de- livered by stated instalments which are to be separately paid for and the seller makes defective deliveries in respect of one or more instalments or the buyer neglects or refuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract and the circumstances of the case whether the breach of contract is a 421 LI Cap. 39 SALE OF GOODS s. 30 (2) repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated. CO., c. 39, s. 30. Delivery to 31. Where in pursuance of a contract of sale the seller is authorized or required to send the goods to the buyer delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is prima facie deemed to be a delivery of the goods to the buyer. (2) Unless otherwise authorized by the buyer the seller must make such contract with the carrier on behalf of the buyer as may be reasonable having regard to the nature of the goods and the other circumstances of the case. If the seller omit so to do and the 'goods are lost or damaged in course of transit the buyer may decline to treat the delivery to the carrier as a delivery to himself or may hold the seller respon- sible in damages. (3) Unless otherwise agreed where goods are sent by the seller to the buyer by a route involving sea transit under circumstances in which it is usual to insure, the seller must give such notice to the buyer as may enable him to insure them during their sea transit and if the seller fails to do so the goods shall be deemed to be at his risk during such sea transit. CO., c. 39, s. 31. Risk where g^oods delivered at distant place 32. Where the seller of goods agrees to deliver them at his own risk at a place other than that where they are when sold the buyer must nevertheless unless otherwise agreed take any risk of deterioration in the goods necessarily incident to the course of transit. CO., c. 39, s. 32. Buyer's right of examining^ gfoods 33. Where goods are delivered to the buyer which he has not previously examined he is not deemed to have accepted them unless and until he has had a reasonable opportunity oi examining them for the purpose of ascertaining whether they are in conformity with the contract. (2) Unless otherwise agreed when the seller tenders delivery of goods to the buyer he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity wich the contract. CO., c. 39, s. 33. Acceptance 34. The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them or whein the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller or when after the lapse of a reasonable time ha retains the goods without intimating to the seller that he has rejected them. CO., c. 39, s. 34. 422 s. 38 (2) SALE OF GOODS Cap. i39 12 35. Unless otherwise agreed where goods are delivered to Buyer not the buyer and he refuses to accept them having the right so to return ° do, he is not bound to return them to the seller but it is suffi- '■"''''"' ^°°^* cient if he intimates to the seller that he refuses to accept them. CO., c. 39, s. 36. 36. When the seller is ready and willing to deliver the goods bu''.^"f^r°^ and requests the buyer to take delivery and the buyer does not""^'"''"?"-- within a reasonable time after such request take delivery of deUvery of the goods, he is liable to the seller for any loss occasioned by ^"°^ his neglect or refusal to take delivery and also for a reasonable charge. for the care and custody of the goods : Provided that nothing in this section shall affect the rights of the seller where the neglect or refusal of the buyer to take delivery amounts to a repudiation of the contract. CO., c. 39, s. 36. PART IV. Rights of Unpaid Seller against the Goods. 37. The seller of the goods is deemed to be an " unpaid sel- y^^p^jf ^'="°'' ler " within the meaning of this Ordinance — (a) When the whole of the contract price has not been paid or tendered ; (b) When a bill of exchange or other negotiable instru- ment has been received as conditional payment and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise. (2) In this part of this Ordinance the term " seller " includes any person who is in the position of a seller as for instance an agent of the seller to whom the bill of lading has been indorsed oT a con8igner or agent who has himself paid or is directly rel- sponsible for the price. CO., c. 39, s. 37. 38. Subject to the provisions of this Ordinance and of any Unpaid seiiersi Ordinance in that behalf, notwithstanding that the property in "° the goods may have passed to the buyer the unpaid seller of goods as such has by implication of law — - (a) A lien on the goods or right to retain them for the price while he is in possession of them ; (b) In the case of the insolvency of the buyer a right of stopping the goods in transitu after he has parted with the possession of them ; (c) A right of resale as limited by this Ordinance. (2) Where the property in goods has not passed to the buyer the unpaid seller has in addition to his other remedies a right 423 13 Cap. 39 SALE OF GOODS ■38(2) of withholding delivery similar to and coextensive with his rights of lien and stoppage in transitu where the property has passed to the buyer. CO., c. 39, s. 38. Unpaid Siller's Lien. Sellers lien 39. Subject to the provisions of this Ordinance the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price, in the following cases namely : (a) Where the goods have been sold without any stipula- tion as to credit ; (b) Where the goods have been sold on credit but the term of credit has expired ; (c) Where the buyer becomes insolvent. (2) The seller may exercise his right of lien notwithstanding - that he is in possession of the goods as agent or bailee for the buyer. CO., c. 39, s. 39. Part delivery 40.. Where au unpaid seller has made part delivery of the goods he may exercise his right of lien or retention on the remainder unless such part delivery has been made under auch circumstances as to show an agreement to waive the lien or , right of retention. CO., c. 39, s. 40. Termination of lien 41. The unpaid seller of goods loses his lien or right of retention thereon — (a) When he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the right of disposal of the goods ; (6) When the buyer or his agent lawfully obtains posses- sion of the goods ; (c) By waiver thereof. (2) The unpaid seller of goods having a lien or right of retention thereon does not lose his lien or right of retention by reason only that he has obtained judgment or decree for the price of the goods. CO., c. 39, s. 41. Stoppage in Transitu. Right of stoppage jH transitu 42. Subject to the provisions of this Ordinance when the buyer of goods becomes insolvent the unpaid seller who has parted with the possession of the goods has the right of stop- ping them in transitu that is to say he may resume possession of the goods as long as they are in course of transit and may retain them until payment or tender of the price. 0.0. ,c. 39, s. 42. 424 s. 44 (2) SALE OF GOODS Cap. 39 14 Ouration of transit 43. Goods are deemed to be in course of transit from the time when they are delivered to a carrier, by land or water, or other bailee for the purpose of transmission to the buyer, until the buyer or his agent in that behalf takes delivery of them from such carrier or other bailee. (2) If the buyer or his agent in that behalf obtains delivery of the goods before their arrival at the appointed destination ■ the transit is at an end. (3) If after the arrival of the goods at the appointed destinar- tion the carrier or other bailee acknowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee for the buyer or his agent the transit is at an end and it is immaterial that a further destina- tion for the goods may have been indicated by the buyer. (4) If the goods are rejected by the buyer and the carrier or other bailee continues in possession of them the transit is not deemed to be at an end even if the seller has refused to receive them back. (5) AA^hen goods are delivered to a ship chartered by the buyer it is a question depending on the circumstances oi the particular case whether they are in the possession of the master as a carrier or as agent to the buyer. (6) Where the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent in that behalf the transit is deemed to be at an end. (7) Where part delivery of the goods has been made to the buyer or his agent 'in that behalf the remainder of the goods may be stopped in transitu unless such part delivery has been made under such circumstances as to show an agreement to give up possession of the whole of the goods. CO., c. 39, s. 43. 44. The unpaid seller may exercise his right of stoppage "°^„Sr^^ in transitu either by taking actual possession of the goods or =*='^''='* by giving notice of his claim to the carrier or other bailee ijn whose possession the goods are. Such notice may be given either to the person, in actual possession of the goods or to his principal. In the latter case the notice to be effectual must be given at such time and under such circumstances that the principal by the exercise of reasonable diligence may com- municate it to his servant or agent in time to prevent a deliv- ery to the buyer. (2) When notice of stoppage in transitu, is given by the seller to the carrier or other bailee in possession of the goods he must redeliver the goods to or according to the direction of the seller. The expenses of such redelivery must be borne by- the seller. CO., c. 39, s. 44. 425 16 Cap. 39 SALE OF GOODS S. 45 Effect of «ubsale or pledgee by buyer Sale not generally rescinded by lien or stoppage i}i transitu Resale by Buyer or Seller. 45. Subject to the provisions of this Ordinance the unpaid seller's right of lien or retention or stoppage in transitu is not affected by any sale or other disposition of th e good s which the buyer may have made unless the seller has assented thereto : Provided that where a document of title of goods has been laA\'fully transferred to any person as buyer or owner of the goods and that person transfers the documents to a person who takes the document in good faith and for valuable considera- tion then if such last mentioned transfer was by way of sale, the unpaid seller's right of lien or retention or stoppage in' transitu is defeated and if such last mentioned' transfer was by way of pledge or other disposition for value the unpaid seller's right of lien or retention or stoppage in transitu can only be exercised subject to the rights of the transferee. CO., c. 39, s. 45. 46. Subject to the provisions of this section a contract of sale in not rescinded by the mere exercise by an unpaid seller of his right of lien or retention or stoppage in transitu. (2) Where an unpaid seller who has exercised his right of lien or retention or stoppage in transitu resells the goods the buyer acquires a good title thereto as against the original buyer. (8) Where the goods are of a perishable nature or where the unpaid seller gives notice to the buyer of his intention to resell and the buyer does not within a reasonable time pay or tender the price the unpaid seller may resell the goods and recover! from the original buyer damage for any loss occasioned by his breach of contract. (41 Where the seller expressly reserves a right of resale in case the buyer should make default and on the buyer making default resells the goods the original contract of sale is thereby rescinded but without prejudice to any claim the seller may have for damages. CO., c. 39, s. 46. PAET V. Action for price ACTIONS FOE BREACH OF THE CONTRACT. Remedies af the Seller. 47. Where under a contract of sale the property in the goods has passed to the buyer and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the con- tract the seller may maintain an action against him for the price of the goods. 426 - s. 50 ^ SALE OP GOODS Cap. 39 16 (2) Where under a contract of sale the price is payable on a day certain, irrespective of delivery, and the buyer wrongfully neglects or refuses to pay such price the seller may maintain an action for the price although the property in the goods has not passed and the goods have not been appropriated to the contract. (3) Nothing in this rection shall prejudice the right of the seller to recover interest on the price from the date of tender of the goods or from the date on which the price was payable, as the case may be. CO., c. 39, s. 47. 48. Where the buyer wrongfully neglects or refuses to£^™^_es accept and pay for the goods the seller may maintain an action acceptance against him for damages for nonacceptance. (2) The measure of damages is the estimated loss directly and naturally resulting in the ordinary course of events from the buyer's breach of contract. (3) Where there is an available market for the goods in question the measure of damages is prima facie to be ascer- tained by the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted or if no time was fixed for accept- ance then at the time of the refusal to accept. CO., c. 39, s. 48. Remedies of the Buyer. 49. Where the seller wrongfully neglects or refuses to Damairra^for deliver the goods to the buyer the buyer may maintain an action against the seller for nondelivery. (2) The measure of damages is the estimated loss directly and naturally resulting in the ordinary course of events from the seller's breach of contract. (3) Where there is an available market for the goods in question the measure of damages is prima facie to be ascer-i tained by the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered or if no time was fixed then at the time of the refusal to deliver. CO., c. 39, s. 49. 50. In any action for breach of contract to deliver specific or specific ascertained goods the Court may if it thinks fit on the appli- performance cation of the plaintiff by its judgment or decree direct that the contract shall be performed specifically without giving the defendant the option of retaining the goods on payment of damages. The judgment or decree may be unconditional or upon suqh terms and conditions as to damages, payment of the price and otherwise as to the Court may seem just and the application by the plaintiff may be made at any time before judgment or decree. CO., c. 39, s. 50. 427 17 Cap. 39 SALE OF GOODS S.61 Remedy for breach of warranty Intei'est and special damag^es 61. Where there is a breach of warranty by the seller op, where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty the buyer is not by reason only of such breach of warranty entitled to reject the goods ; but he may — (a) Set up against the seller the breach of warranty in diminution or extinction of the price; or (b) Maintain an action against the seller for damages for the breach of warranty. (2) The measure of damages for breach of warranty is the estimated loss directly and naturally resulting in the ordinary course of events from the breach of warranty. (3) In the case of breach of warranty of quality such loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they Would have had if they had answered to the warranty. (4) The fact that the buyer has set up the breach of war- ranty in diminution or extinction of the price does not prevent him from maintaining an action for the same breach of war- ranty if he has suffered further damage. CO., c. 39, s. 51. 52. Nothing in this Ordinance shall affect the right of the buyer or the seller to recover interest or special damages in' any case where by law interest or special damages may be recoverable or to recover money paid where the consideration for the payment of it has failed. CO., c. 39, s. 62. PAET VI. Exclusion of implied terms and conditions Reasonable time a question of fact Rights, etc., enforceable by action SUPPLEMENTARY. 53. Where any right, duty or liability would arise under a contract of sale by implication of law it may be negatived or varied by express agreement or by the course of dealing between the parties or by usage if the usage be such as to bind both parties to the contract. CO., c. 39, s. 53. 54. Where by this Ordinance any reference is made to a reasonable time the question what is a reasonable time is a question of fact. CO., c. 39, s. 54. 55. Where any right, duty or liability is declared by this Ordinance it may unless otherwise by this Ordinance provided be enforced by action. CO., c. 39, s. 55. Auction sales 56. In thc case of a sale by auction : (1) Where goods are put up for sale by auction in lots each lot is prima faci,'} deemed to be the subject of a separate con- tract of sale. 428 s. 58 (3) SALE OF GOODS Cap. 89 18 (2) A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer or in other ciistomary manner. Until such announcement is made any bidder may retract his bid. (3) Where a sale by auction is not notified to be subject to a right to bid on behalf of the seller it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale or for the auctioneer knowingly to take any bid from the seller or any such person. Any sale contravening this rule may be treated as fraudulent by the buyer. (4) A sale by auction may be notified to be subject to a reserve or upset price and the right to bid may also be reserved expressly by or on behalf of the seller. Where a right to bid is expressly reserved, but not otherwise, the seller or any one per- son oh his behalf m.ay bid at the auction. CO., c. 39, s. 66. 67. Where a buyer has elected to accept goods which he Payment into might have rejected and to treat a breach of contract as only breach of giving rise to a claim for damages he may in an action by the alleged seller for the price be required, in the discretion of the Court before which the action depends, to consign or pay into Court the price of the goods or part thereof or to give other reason- able security for the due payment thereof. CO., c. 39, s. 57. 68. The rules of tlie common law including the law mer- Existing law. « 1 . • J J -n i_i preserved chant save in so far as they are inconsistent with the express subject hereto provisions of this Ordinance and in particular the rules relating to the law of principal and agent and the effect of fraud, misrepresentation, duress, or coercion mistake or other' invalidating cause shall continue to apply to contracts for the sale of goods. (2) Nothing in this Ordinance shall affect the enactments relating to bills of sale or any enactment relating to the sale of goods which is not expressly repealed by the Ordinance. (3) The provisions of this Ordinance relating to contracts of Mortgages or sale do not apply to any transaction in the form of a contract" ^°' of sale which is intended to operate by way of mortgage, pledge, charge or other security. CO., c. 39, s. 58. 429 Short title Interpretation "Mercantile agent " ' Goods "Document of title " " Pledge'" "Person" Powers of mercantile agents reapecting disposition of goods CHAPTER 40. An Ordinance respecting Factors and Agents. rTHE Lieutenant Governor by and with the advice and con- -'- sent of the Legislative Assembly of the Territories enacts as follows : SHOET TITLE. 1. This Ordinance may be cited as "The Factors' Ordi- nance." CO., c. 40, s. 1. INTERPRETATION. 2. For the purpose of this Ordinance — 1. The expression "mercantile ageu+" shall mean a mercan- tile agent having in the customary course of his business as such agent, authority either to sell goods or to consign goods for the purpose of sale or to buy goods or to raise money on the security of goods ; 2. A person shfQl be deemed to be in possession of goods or of the documents of title to goods where the goods or docu- ments are in his actual custody or are held by any other person subject to his control or for him or in his behalf; 3. The expression "goods" shall include wares and mer- chandise ; 4. The expression "document of title" shall include any bill of lading, dock warrant, warehousekeeper's certificate or war- rant or order for the delivery of goods and any other document used in the ordinary course of business as proof of the posses- sion or control of goods or authorizing or purporting to authorize either by indorsement or delivery the possessor of the document to transfer or receive goods thereby represented ; 6. The expression "pledge" shall include any contract pledg- ing or giving a lien or security on goods whether in consider- ation of an original advance or of any further or continuing advance or of any pecuniary liability ; 6. The expression "person" shall include any body of per- sons corporate or unincorporate. CO., c. 40, s. 2. DISPOSITIONS BY MERCANTILE AGENTS. 3. Where a mercantile agent is, with the consent of the owner, in possession of goods or of the documents of title to goods any sale, pledge or other disposition of the goods made by him when acting in the ordinary course of business of a mercantile agent shall subject to the provisions of this Ordi- 430 :M S. V FACTORS Oap. 40 nance be as valid as if he were expressly authorized by the owner of the goods to make the same : Provided that the person taking under the disposition acts in good faith and has not at the time of the disposition notice that the person making the disposition has not authority to make the same. (2) Where a mercantile agent has, with the consent of the owner, been in possession of goods or of the documents of title to goods any sale, pledge or other disposition which would have been valid if the -consent had continued, shall be valid notwithstanding the determination of the consent : Provided that the person taking under the disposition has not at the time thereof notice that the consent has been deter- mined. (3) Where a mercantile agent has obtained possession of any documents of title to goods by reason of his being or having been with the consent of the owner in possession of the goods represented thereby or of any other documents of title to the goods his possession of the first-mentioned documents shall for the purposes of this Ordinance be deemed to be with the consent of the owner. (4) For the purposes of this Ordinance the consent of the owner shall be presumed in the absence of evidence to the con- trary. CO., c. 40, s. 3. 4r. A pledge of the documents of title to goods shall be Effect ot deemed to be a pledge of the goods. CO., c. 40, s. 4. d[fctmen*ts of itle 5. Where a mercantile agent pledges goods as security for a Pledge for debt or liability due from the pledgor to the pledgee before debt"" "" the time of the pledge the pledgee shall acquire no further right to the goods than could have been enforced by the pledgor at the time of the pledge. CO., c. 40, s. 5. 6. The consideration necessary for the validity of a sale, Rights pledge or other disposition of goods in pursuance of this Ordi^ exchange of nance may be either a payment in cash or the delivery orf°°„^°^ts transfer of other goods or of a document of title to goods or oi A negotiable security or any other valuable consideration but where goods are pledged by a mercantile agent in considera- tion of the delivery or transfer of other goods or of a document of title to goods or of a negotiable security the pledgee shall acquire no right or interest in the goods so pledged in excess of the value of the goods, documents or security when m delivered or transferred in exchange. CO., c. 40, s. 6. 7. For the purpose of this Ordinance an agreement made ^f^^^^^^S^"'^ with a mercantile agent through a clerk or other person clerks, etc. authorized in the ordinary course of business to make contracts of sale or pledge on his behalf shall be deemed to be an agree- ment with the agent. CO., c. 40, s. 7. 431 Cap. 40 FACTORS S. 8 fo'cons?"no''rs ^- Where the owner of goods has given possession of the and consignees goods to another person for the purpose of consignment or sale or has shipped the' goods in the name of another person and the consignee of the goods has not had notice that such person is not the owner of the goods the consignee shall in respect aS advances made to or for the use of such person have the same lien on goods as if such person were the owner of the goods and may transfer any such lien to another person. (2) Nothing in this section shall limit or affect the validity of any sale, pledge or disposition by a mercantile agent. CO.. c. 40, s. 8. DISPOSITIONS BY BUYERS AND SELLERS OF GOOD&. Disposition by seller remaining in possession 9. Where a person having sold goods continues or is in pos- session of the goods or of the documents of title to the goods the 'delivery or transfer by that person or by a mercantile agent acting for him of the goods or documents of title under any sale, pledge or other disposition thereof or under any agreement for sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of the previous sale shall have the same effect as if the persosi making the delivery or transfer were eixpressly authorized by the owner of the goods to make the same. CO., c. 40, s. 9. Disposition by buyer obtaining possession 10. Where a person having bought or agreed to buy goods obtains with the consent of the seller possession of the goods or the documents of title to the goods, the delivery or transfer by that person or by a mercantile agent acting fojc him of the goods or documents of title under any sale, pledge or other dis- position thereof or under any agreement for sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of any lien or other right of the original seller in respect of the goods shall have the same effect as if the person making the delivery or transfer were a mercan- tile agent in possession of the goods or documents of title with the consent of the oiwner. CO., c. 40, s. 10. Effect of transfer of documents on vendor's lien or right of stoppage tn transitu 11. Where a document of title to goods has been lawfully transferred to a person as buyer or owner of the goods and that person transfers the document to a person who takes the docu- ment in good faith and for valuable consideration the last) mentioned transfer shall have the same eiTect for defeating any vendor's lien or right of stoppage m transitu as the transfer of a bill of lading has for defeating the right of stoppage in transitu. CO., c. 40, s. 11. SUPPLEMENTAL. Sforin ^^' ^'^^ ^^^ purpose of this Ordinance the transfer of a documents document may be by indorsement or where the docunient is by custom or by its express terms transferable by delivery or 432 s. 14 FACTORS Cap. 40 4 makes the goods deliverable to the bearer then by delivery. CO., c. 40, s. 12. 13. Nothing in this Ordinance shall authorize an agent to Liability exceed or depart from his authority as between himself and °' ''*^''"' his principal or exempt him from any liability civil or crimi- nal for so doing. (2) Nothing in this Ordinance shall prevent the owner of saving for goods from recovering the goods from an agent or assignee tae'owLr under an assignment for the benefit of creditors at any time before the sale or pledge thereof or shall prevent the owner of goods pledged by an agent from having the right to redeem the goods at any time before the sale thereof on satisfying the claim for which the goods were pledged and paying to the agent, if by him required any money in respect of which the agent would by law be entitled to retain the goods or the docu- ments of title thereto or any of them by way of lien as against the owner or from recovering from any person with whom the goods have been pledged any balance of money remaining in his hands as the produce of the sale of the goods after deduct- ing the amount of his lien. (3) Nothing in this Ordinance shall prevent the owner of goods sold by an agent from recovering from the buyer the price agreed to be paid for the same or any part of that price subject to any right of set-off on the part of the buyer against the agent. CO., c. 40, s. 13. 14. The provisions of this Ordinance shall be construed in salving for^^ amplification and not in derogation of the powers exercisable powers of agent by an agent independently of this Ordinance. CO., c. 40, s. 14. 433 CHAPTER 41. An Ordinance respecting Choses in Action. THHE Lieutenant Governor by and with the advice _ and con- -*- sent of the Legislative Assembly of the Territories enacts as follows: Assignment 1. Every dcbt and any chose in action arising out of con- ?!«",■» arf,im tract shall be assignable at law by any form of writing which shall contain apt words in that behalf but subject to such conditions and restrictions in respect to the right of transfer as may appertain to the original debt or as may be connected with or be contained in the original contract and the assignee thereof may bring an action thereon in his own name as the party might to whom the debt was originally owing or to whom the right of action originally arose or he may proceed in respect of the same as though this Ordinance had not been passed. CO., c. 41, s. 1. As.ignee 2. Thc term "assignee" in the next preceding section shall include any person now being or hereafter becoming entitled to any first or subsequent assignment or transfer or any deriva- tive title "to a debt or chose in action and possessing, at the time of the suit or action being instituted, the whole and entire beneficial interest therein and the right to receive the subject or proceeds thereof and to give effectual discharge therefor. CO., c. 41, s. 2. Action for debt on assignment 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 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. CO., c. 41, s. 3. Equities of debtor igainst assignor before notice 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 respect of the whole or any part of such debt or chose in action arising out of contract existing at the time of the notice of 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 as between the debtor and any assignee of such debt or chose in action arising out of con- tract. CO., c. 41, s. 4. 434 s. 7 CHOSES IN ACTION Cap. 41 5. In case of any assignment made in conformity with the A«^'s"^^'^_. I provisions hereof and notice thereof given to the debtor or notice to person liable in respect of the subject of such assignment the assignee shall have, hold and enjoy the same free of any claims, defences or equities which may have arisen subsequent to such notice by any act of the assignor or otherwise. CO., c. 41, s. 5. 6. The bonds or debentures of corporations made payable to Securities bearer or any person named therein or bearer may be trans- bj^deifvery* ferred by delivery alone and such transfer shall vest the pro- perty in such bonds or debentures in the transferee or in the holder thereof and any such holder may bring any action or suit on or in respect of any such bonds or debentures in his own name. CO., c. 41, s. 6. 7. The provisions of the preceding sections shall not be con- ?;J^f^'^_'_j^^bje strued to apply to bills of exchange or promissory notes or instruments which are negotiable or in respect of which the property therein passes by mere deliveiy. CO., c. 41, s. 7. 435 CHAPTER 42. An Ordinance respecting Preferential Assignments. THE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: Fraudulent 1. Every gift, conveyance, assignment or transfer, delivery tssl/nmlnts"""' ovcr Or payment of goods, chattels or effects or of bonds, bills, notes, securities or of shares, dividends, premiums or bonus in any bank, company or corporation made by any person at any time when he is in insolvent circumstances or is unable to pay his debts in full or knows that he is on the eve of insolvency with intent to defeat or delay or prejudice his creditors or to give to any one or more of them a preference over his other creditors or over any one or more of them or which has such effect shall as against them be utterly void. CO., c. 42, s. 1. Pressure 2. EvBry such gift, conveyance, assignment, transfer, de- livery over or payment whether made owing to pressure or partly owing to pressure or not, which has the effect of defeat- ing, delaying or prejudicing creditors or giving one or more of them a preference shall as against the other creditors of such debtor be utterly void. CO., c. 42, s. 2. Assig^nments for creditors and hfntafide transactions 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 rateably and proportionately and with- out preference or priority all the creditors of such debtor their just debts or any hona fide sale of goods or payment made in the ordinary course of trade or calling, to innocent purchasers or parties. CO., c. 42, s. 3. 436 CHAPTER 43. An Ordinance respetting Mortgages and Sales of Personal Property. nPTHE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enatts as follows: SHORT TITLE. 1. This Ordinance may be cited and known as "The Bills short aa^ of Sale Ordinance." CO., c. 43, s. 1. REGISTRATION DISTRICTS. 2. For the purposes of the registration of mortgages and Registration other transfers of personal property in the Territories the f ol- '^""'■"'"" lowing shall be registration districts: 1. The registration district of "Moosomin," comprising that Moosomin part of the Provisional District of Assiniboia as is defined by the Order of the Privy Council of Canada passed on the eighth day of May, A.D. 1882, eastward of the eleventh range of townships west of the second meridian and south of a line which may be described as follows: Commencing at a point where the line between the townships twenty and twenty-one in the Dominion Lands system of surveys intersects the western boundary of the Province of Manitoba, thence westerly follow- ing the said line between townships twenty and twenty-one to its intersection with the line between ranges seven and eight west of the second meridian, thence northerl}' along the line be- tween ranges seven and eight to its intersection with the line between townships twenty-two and twenty-three, thence west- erly along the line between the said townships twentj'-two and twenty-three to its intersection with the line between ranges ten and eleven west of the second meridian in the Dominion Lands system of survey; 2. The registration district of "Yorkton," comprising that Y.nkton district part of the said provisional District of Assiniboia, eastward of the eleventh range of townships west of the second meridian and north of the north boundary of the registration district of Moosomin; 437 Cap. 43 BILLS OF SALE s. 2 (3) Regin. district 3 The registration district of "Regina," comprising that part of the said Provisional District of Assiniboia west of the registration district of Moosomin and east of the west line of the twenty-third range of townships west of the second meri- dian; 4. The registration district of "Moose Jaw," comprising that part of the Provisional District of Assiniboia west of the registration district of Regina and east of the west line of the twenty-third range of townships west of the third meridian; 5. The registration district of "Medicine Hat," comprising all that portion of the said Provisional District of Assiniboia west of the registration district of Moose Jaw; 6. The registration district of "Macleod," comprising all that portion of the Provisional District of Alberta as defined by the said Order of the Privy Council lying south of town- ship seventeen; 7. The registration district of "Calgary," comprising all that part of the said Provisional District of Alberta lying between townships sixteen and forty-three; 8. The registration district of "Edmonton," comprising all that portion of the said Provisional District of Alberta lying north of township forty-two; 9. The registration district of "Battleford," comprising all that portion of the Provisional District of Saskatchewan as de- fined by the said Order of the Privy Council lying west of the fifth range of townships west of the third meridian; 10. The registration district of "Prince Albert," comprising all that portion of the said Provisional District of Saskatche- wan lying east of the Battleferd registration district. [(2) The Lieutenant Governor in Council shall have power to alter the boundaries of any registration district now or hereafter established by adding thereto or taking therefrom; and to establish new districts and to appoint registration clerks therefor who shall hold office during pleasure; and designate at what places the offices of such clerks shall be kept.] CO., c. 43, s. 2; 1900, c. 12, s. 1. Moose Jaw district Medicine Hat district Macleod district Calg'ary district Edmonton district Battleford district Prince Albert district Alteration of districts and tormation of new districts REGISTRATION CLERKS. fontrnwd^''^'' ^' "^^^ registration clerks for the existing registration dis- tricts are hereby continued in office and shall severally hold office during pleasure and their offices shall be kept at places to be designated by the Lieutenant Governor in Council. (2) In the event of any vacancy occurring in the office of reg'stration clerk by reason of death, resignation or otherwise the vacancy shall be filled by the Lieutenant Governor in Council CO., c. 43, s. 3. 438 Appointments by Lieutenant Governor in Council s. 8 BILLS OF SALE Cap. 43 3 4. The registration clerks under this Ordinance shall keep their respective offices open between the hours of ten in the forenoon and four in the afternoon on all days excepting Sun- days and holidays and except on Saturdays and during the period of vacation prescribed by The Judicature Ordinance when the same shall be closed at one o'clock in the afternoon and during office hours only shall registrations be made. CO., c. 43, s. 4. 5. No registration clerk shall draw or prepare any docu- ment or conveyance which may be filed or registered in his office under the provisions of this or any other Ordinance. CO., c. 43, s. 5. MORTGAGES AND SALES OF CHATTELS. FORM AND REGISTRATION. 6. Every mortgage or conveyance intending to operate as a Mortgages mortgage of goods and chattels which is not accompanied by bvliX"^?^ and an immediate delivery and an actual and continued change oifj^^^l(£ possession of the things mortgaged shall within thirty days'^fe"'"'' from the execution thereof be registered as hereinafter pro- vided together with the affidavit of a witness thereto of the due execution of such mortgage or conveyance and also with the affidavit of the mortgagee or one of several mortgagees or the agent of the mortgagee or mortgagees if such agent is aware of all the circumstances connected therewith and is properly authorized by power in writing to take such mort- gage in which case a copy of such authority shall be attached thereto (save as hereinafter provided under section 21 hereof) such last mentioned affidavit stating that the mortgagor there- in named is justly and truly indebted to the mortgagee in the sum mentioned in the mortgage, that it was executed in good faith and for the express purpose of securing the payment of money justly due or accruing due and not for the purpose of protecting the goods and chattels mentioned therein against the creditors of the mortgagor or of preventing the creditors of such mortgagor from obtaining payment of any claim against him; and every such mortgage or conveyance shall operate or take effect upon from and after the day and time of the filing thereof. CO., c. 43, s. 6. 7. Except as to cases provided in the next following section Mortgage may of this Ordinance a mortgage or conveyance intended to oper- l^^^Zd ate as a mortgage of goods and chattels may be made in accord- ance with form A in the schedule to this Ordinance. CO., c. 43, s. 7. 8. In case of an agreement in writing for future advances Mortgage^to for the purpose of enabling the borrower to enter into and advance" ot' carry on business with such advances and in case of a mort- i°d'orsere"'etc. gage of goods and chattels for securing the mortgagee repay- 439 Cap. 43 BILLS OF SALE S. 8 ment of such advances or in case of a mortgage of goods and chattels for securing the mortgagee against the indorsement of any bills or promissory notes or any other liability by him incurred for the mortgagor not extending for a longer period than two years from the date of the mortgage and in case the mortgage is executed in good faith and sets forth fully by recital or otherwise the terms, nature and effect of the agree- ment and the amount of liability intended to be created and in case such mortgage is accompanied by the affidavit of a witness thereto of the due execution thereof and by the affi- davit of the mortgagee or one of several mortgagees or in case the agreement has been entered into and the mortgage taken by an agent duly authorized by writing to make such agree- ment and take such mortgage, in which case a copy of such authority shall be attached thereto, and if the agent is aware of the circumstances connected therewith, then, if accom- panied by the affidavit of such agent, such affidavit whether of the mortgagee or his agent, stating that the mortgage truly sets forth the agreement entered into between the parties thereto and truly states the extent of the liability intended to be created by such agreement and covered by such mort- gage and that such mortgage is executed in good faith and for the express purpose of securing the mortgagee repayment of his advances or against the payment of the amount of his liability for the mortgagor, as the case may be, and not for the purpose of securing the goods and chattels mentioned therein against the creditors of the mortgagor nor to prevent such creditors from recovering any claims which they may have against such mortgagor and in case such mortgage is registered as hereinafter provided within thirty days from the execution thereof the same shall be as valid and binding as mortgages mentioned in the sixth section of this Ordinance. CO., c. 43, s. 8. Sale of goods 9. Every sale, assignment and transfer of goods and chattels b?'deHvco°'' not accompanied by an immediate delivery and followed by an pMsesJior"* actual and continued change of possession of the goods and chattels sold shall be in writing and such writing shall be a conveyance under the provisions of this Ordinance and shall be accompanied by an affidavit of a witness thereto of the due execution thereof and an affidavit of the bargainee or one of several bargainees or of the agent of the bargainee or bar- gainees duly authorized in writing to take such conveyance (a copy of which authority shall be attached to the conveyance) that the sale is bona fide and for good consideration as set forth in the said conveyance and not for the purpose of holding or enabling the bargainee to hold the goods mentioned therein against the creditors of the bargainor; and such conveyance and affidavits shall be registered as hereinafter provided within thirty days from the execution thereof otherwise the sale shall be absolutely void as against the creditors of the bargainor 440 s. 15 BILLS OF SALE Cap. 43 and as against subsequent purchaser or mortgagees in eood faith. CO., c. 43, s. 9. b s ^ _ 10. Such registration shall only have effect in the registra- Registia..., tion districts wherein such registration has been made. CO. d.'st'rfcfwh' c. 43, s. 10. ' .11 ' ation :s ere 11. In case such mortgage or conveyance and affidavit are Omission to not registered as hereinbefore provided or in case the con- stfteme„rof'''"' sideration for which the same is made is not truly expressed '°"'''*"''^''°" therein the mortgage or conveyance shall be absolutely null and void as against creditors of the mortgagor and against subsequent purchasers or mortgagees in good faith for valu- able consideration. CO., c. 43, s. 11. 12. All the instruments mentioned in this Ordinance Description of whether for the mortgage or sale, assignment or transfer of "'''"'"'■ goods and chattels shall contain such sufficient and full de- scription thereof that the same may be readily and easily known and distinguished except in the case of assignments for^,^; nmentfor the general benefit of creditors in which case the description b™elt"of™ shall be sufficient if it is in the following words: "All my per- ''""'''°"' sonal property which may be seized and sold under execution," or words to that effect. CO., c. 43, s. 12. 13. The proper registration officer for instruments being Registration mortgages and transfers of personal property shall be the clerk where'pr'^opl"t'y of the registration district in which the property described in'"'"'''''' the mortgage or transfer is at the time of the execution of the instrument; such registration clerks shall file all such instru- ments presented to them respectively for that purpose and shall indorse thereon the time of receiving the same in their respec- tive offices and the same shall be kept there for the inspection of the public, subject to the payment of the proper fees. CO., c. 43, s. 13. 14. Every such clerk shall number each instrument or copy cierk to enter filed in his office and shall enter in alphabetical order in a book STwl"'^ to be provided by him the names of all the parties to such in- strument with the number indorsed thereon opposite to each name; and such entry shall be repeated alphabetically under the name of every party thereto. CO., c. 43, s. 14. CONVEYANCE OF GROWING OR FUTURE CROPS. 15. No mortgage, bill of sale, lien, charge, incumbrance, con- Securities on veyance, transfer or assignment hereafter made, executed or"°^' created and which is intended to operate and have effect as a security shall in so far as the same assumes to bind, comprise, apply to or affect any growing crop or crop to be grown in future in whole or in part, be valid except the same be made, 441 Cap. 43 BILLS OF SALE s. 15 Crop mortgages to secure price of seed gfrain Crop must be sown within one year from mortgage Separate register of seed grain mortgages Seed grain mortgage* preferential security Particular* to be given executed or created as a security for the purchase price and interest thereon of seed grain. (2) Every mortgage or encumbrance upon growing crops or crops to be grown, made or created to secure the purchase price of seed grain shall be held to be within the provisions of this Ordinance and the affidavit of bona fides among the other necessary allegations shall contain a statement that the same is taken to secure the purchase price of seed grain. (3) No mortgage or encumbrance to secure the price of seed grain shall be given upon any crop which is not sown within one year of the date of the execution of the said mortgage or encumbrance. (4) Every registration clerk shall keep a separate register of such seed grain mortgages and shall be entitled to receive the same fees for his services as provided for under section 33 of this Ordinance. (5) Every such seed grain mortgage so taken and filed shall not be affected by or subject to any chattel mortgage or bill of sale previously given by the mortgagor or by any wTit of execution against the mortgagor in the hands of the sheriff at the time of the registration of such seed grain mortgage but such seed grain mortgage shall be a first and preferential secu- rity for the sum therein mentioned. The date of the purchase of seed grain, the number of bushels and price per bushel must be stated in the mortgage as well as in the affidavit of bona fides. CO., c. 43, s. 15. PROCEDURE UNDER MORTGAGE ON DEFAULT. Cause for iQ. Uulcss it Is othcrwisB specially provided therein goods seizure bv i. */ i. cj mortgagee and chattcls assigned under a mortgage or conveyance intended to operate as a mortgage of goods and chattels shall be liable to be seized or taken possession of by the grantee for any of the following causes: Default in 1. Jf the gTautor shall make default in payment of the sum performance of Or sums of money thereby secured at the time therein provided agreements r j_ • _li p r i tor payment or m the periormance of any covenant or agree- ment contained in the mortgage or conveyance intended to operate as a mortgage and necessary for maintaining the secu- rity; 2. If the grantor shall without the written permission of the grantee either remove or suffer the goods or any of them to be removed from the registration district within which they are situate; 3. If the grantor shall suffer the said goods or any of them to be distrained for rent, rates or taxes or shall suffer the said goods or any of them to be liable to seizure for rent by reason of default of the grantor in paying the same when due; 442 Removal of goods Rent or taxes s- 18 BILLS OF SALE Cap. 43 7 4. If execution shall have been levied against the goods of Execution the grantor under any judgment at law; 5. If the grantor shall attempt to sell or dispose of or in any Attempt to way part with the possession of the said goods CO c 43 '"='P°^'°fsoods s. 16. ■ ■' ' ' RENEWAL OF MORTGAGES. 17. Every mortgage filed in pursuance of this Ordinance Mortgage fii=d shall cease to be valid as against the creditors of the persons v°aiir.Tter°two making the same and against subsequent purchasers or mort- 'e^ewed'"' gages in good faith for valuable consideration after the expir- ation of two years from the filing thereof unless, within thirty days next preceding the expiration of the said term of two years, a statement exhibiting the interest of the mortgagee, his executors, administrators or assigns in the property claimed by virtue thereof and a full statement of the amount still due for principal and interest thereon and of all payments made on account thereof is filed in the office of the registration clerk of the district where the property is then situate with an affi- davit of the mortgagee or of one or several mortgagees or of the assignee or one of several assignees or of the agent of the mortgagee or assignee or mortgagees or assignees duly author- ized for that purpose, as the case may be, stating that such statements are true and that the said mortgage has not been kept on foot for any fraudulent purpose, which statement and affidavit shall be deemed one instrument. CO., c. 43, s. 17; 1900, c. 12, s. 2. 18. Such statement and affidavit shall be in the following R'^-j^^^i o* form or to the like effect: mort|age STATEMENT exhibiting the interest of CD. in the property mentioned in the chattel mortgage dated the day of A.D. 1 , made between A.B. of of the one part and CD. of of the other part and filed in the office of the registration clerk of the registration district of {as the case may he) on the day of 1 , and of the amount due for principal and interest there- on and all payments made on account thereof. The said CD. is still the mortgagee of the said property and has not assigned the said mortgage {or the said E.F. is the assignee of the said mortgage by virtue of an assignment there- of from the said CD. to him dated the day of 1 , or as the case may he). No payments have been made on account of the said mort- gage {or the following payments and no other have been made on account of the said mortgage: 1 . — Jan. 1 — Cash received $ ) 443 Cap. 43 BILLS OF SALE S. 18 The amount still due for principal and interest on the said mortgage is the sum of dollars computed as follows: {Here give the computation.) CD. Affidavit Further renewal after first renewal Personal representative or assig"nee Filing- assignments North- West Tereitories, To Wit: I J of , the mort- gagee named in the chattel mortgage mentioned in the fore- going {or annexed) statement {or assignee of _ the mortgagee named in the chattel mortgage mentioned in the foregoing or annexed statement, as the case may be) make oath and say: 1. That the foregoing {or annexed statement) is true. 2. That the chattel mortgage mentioned in the said state- ment has not been kept on foot for any fraudulent purpose. Sworn before me at 1 in the North-'West Territories, [ this day of 1 j CO., c. 43, s. 18. 19. Another statement in accordance with the provisions of ''"'^'^ section 17 hereof duly verified as required by that section shall be filed in the office of the registration clerk of the district where the property is then situate within thirty days next pre- ceding the expiration of the term of one year from the day of the filing of the statement required by the said section 17 and in default thereof such mortgage shall cease to be vahd as against the creditors of the person making the same and as against purchasers and mortgagees in good faith for valuable consideration and so on from year to year; that is to say another statement as aforesaid duly verified shall be filed with- in thirty days next preceding the expiration of one year from the day of the filing of the former statement and in default thereof such mortgage shall cease to be valid as aforesaid. CO., c. 43, s. 19. 30. The affidavit required by section 17 of this Ordinance may be made by any next of kin, executor or administrator of any deceased mortgagee or by an assignee claiming by or through any mortgagee or any next of kin, executor or admin- istrator of any such assignee; but if the 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 wl ich the mortgage is originally filed at or before the time of such refiling by such assignee, next of kin, executor or admin- istrator of such assignee. CO., c. 43, s. 20. 444 s. 23a BILLS OF SALE Cap. 43 9 agents' authority to take conveyances. 21. An authority for the purpose of taking or renewing a Authority for mortgage or conveyance intended to operate as a mortgage or I'nstmments sale, assignment or transfer of goods and chattels under .(^hg ni^iy ^e general provisions of this Ordinance may be a general one to take and renew all or any mortgage or conveyances to the mortgagee or bargainee; and provided such general authority is duly filed with the clerk it shall not be necessary to attach a copy there- of to any mortgage filed. CO., c. 43, s. 21. 33. For the purpose of making the affidavit of bona fides^f^^g^g^ required by section 6, 8 and 9 of this Ordinance and the &^- f^^,^^°e[ of davit required by section 17 of this Ordinance the expressions ^mpany "mortgagee," "bargainee," or "assignee" shall, in addition to their primary meaning, mean and include the agent or mana- ger of any mortgagee, bargainee or assignee being an incorporated company. CO., c. 43, s. 22. OMISSIONS AND ERRORS. 33. Subject to the rights of third persons accrued by reason ^f'^'^^^fio"" of such omissions as are hereinafter defined any judge of the ^nd errors Supreme Court of the Territories on being satisfied that the omission to register a mortgage or other transfer of personal property or any authority to take or renew the same or any statement and affidavit of renewal thereof within the time pre- scribed by this Ordinance or the omission or misstatement of the name, residence or occupation of any person was accidental or due to inadvertence or impossibility in fact, may in his dis- cretion order such omission or misstatement to be rectified by the insertion in the register of the true name, residence or occupation or by extending the time for such registration on such terms and conditions if any as to security, notice by adver- tisement or otherwise or as to any other matter as he thinks fit to direct. CO., c. 43, s. 23. [mortgages WHEN NEW DISTRICTS FORMED.] [33a. All chattel mortgages relating to property within any newly established district shall (until their renewal becomes necessary to maintain their force against creditors, subsequent purchasers or mortgagees in good faith) continue to be as valid and effectual in all respects as they would have been if the new district had not been estabfished; but in the event of a renewal of any such chattel mortgage after the establishment of such new district the renewal statement shall be filed in the office of the registration clerk of such new district together with a certified copy of the chattel mortgage to which such renewal statement relates and of any renewals thereof under the hand of the registration clerk in whose office the same were filed; 445 10 Cap. 43 BILLS OF SALE s. 23a and no chattel mortgage in force and filed at the date of the establishing of such new district shall lose its priority by reason of its not being filed in the office of the registration clerk of such new district prior to its renewal] 1900, c. 12, s. 3. ASSIGNMENT OF MOETGAGES. Filing assignments of mortg-ages 34. In case any registered chattel mortgage has been assigned such assignment may upon proof by the affidavit of a sub- scribing witness be numbered and entered in the book men- tioned in section 14 hereof in the same manner as a chattel mortgage and the proceedings authorized by sections 26 and 27 of this Ordinance may and shall be had upon a certificate of the assignee proved in the manner aforesaid. CO., c. 43, s. 24. DISCHARGE OF MORTGAGES. Discharge ot mortgage 35. Where any mortgage of goods and chattels is registered under the provisions of this Ordinance such mortgage may be discharged by the filing in the office in which the same is registered of a certificate signed by the mortgagee, his execu- tors or administrators in form B in the schedule hereto or to the like effect. CO., c. 43, s. 25. Entry and indorsement ot discharge of mortgage 36. The officer with whom such chattel mortgage is filed upon receiving such certificate duly proved by the affidavit of a subscribing witness shall at each place where the number of such mortgage has been entered with the name of any of the parties thereto in the book kept under section 14 of this Ordinance or wherever otherwise in the said book the said mortgage has been entered, write the words "Discharged by certificate number (stating the number of certificate)" and he shall also endorse the fact of such discharge upon the instru- ment discharged and shall affix his name to such indorsement. CO., c. 43, s. 26. Certificate of discharge Form of certificate 37. Any person filing a discharge of mortgage or a partial discharge of mortgage as aforesaid shall be entitled to ask for and receive from such clerk a certificate (other than the certi- ficate which might be indorsed on a copy or duplicate of the mortgage as aforesaid) of such discharge or partial discharge in the form following or to the like effect : North- West Territories. ] Registration District of 1- This is to certify that an instrument purporting to be a discharge in full (or a partial discharge) of a certain chattel mortgage bearing date the day of and filed the day of following, made between A.B. of as mortgagor and CD. of as mortgagee has been filed in the office of 446 s. 27 BILLS OF SALE Cap. 43 11 the clerk of the registration district of the day of (and in case of a partial discharge that the goods or property mentioned in such partial discharge consists of describing the chattel or property) E.M., Clerk. CO., c. 43, s. 27. REMOVAL OF CHATTELS MORTGAGED. 38. No goods or chattels under mortgage shall be removed Mortgaged^ into another registration district without a notice of the inten- be removed tion to remove be mailed post paid and registered to the mort- "'' "'''' "°'"* gagee at his last known place of address not less than twenty days prior to such removal. CO., c. 43, s. 28. 29. In the event of the permanent removal of goods and Removal ot ETOOds to chattels mortgaged as aforesaid from the registration district another in which they were at the time of the execution of the mort- gage, to another registration district before the payment and discharge of the mortgage a certified copy of such mort- gage under the hand of the registration clerk in whose office it was first registered and of the affidavit and documents and instruments relating thereto filed in such office, shall be filed with the registration clerk of the district to which such goods and chattels are removed within three weeks from such re- moval otherwise the said goods and chattels shall be liable to seizure and sale under execution and in such case the mort- gage shall be null and void as against subsequent purchasers and mortgagees in good faith for valuable consideration as if never executed. CO., c. 43, s. 29. EVIDENCE. CERTIFIED COPIES. 30. Copies of any instrument filed under this Ordinance, Cj^r«fied certified by the registration clerk shall be received as prima""^' facie evidence for all purposes as if the original instrument was produced and also as prima facie evidence of the execu- tion of the original instrument according to the purport of such copy and the clerk's certificate shall also be prima facie evidence of the date and hour of registration and filing. CO., c. 43, s. 30. AFFIDAVITS. 31. All affidavits and affirmations required by this Ordi- officer, for nance may be taken and administered by the registration"^ clerk or any person whether in or out of the Territories auth- orized to administer oaths or take affidavits for use in the Supreme Court of the Territories and the sum of 25 cents shall be payable for every oath thus administered. CO., c. 43, 8. SI. 447 12 Cap. 43 BILLS OF SALE 8.32 Time for filing expiring^ on Sund.iy or holidays Clerk's fees EXPIRY ON HOLIDAY OF TIME FOR FILING. 32. Where under any provisions of this Ordinance the time for registering or filing any mortgage, bill of sale, instrument, document, affidavit or other paper expires on a Sunday or other day on which the office in which the registering or filing is to be made or done is closed and by reason thereof the filing or registering cannot be made or done on that day the register- ing or filing shall so far as regards the time of doing or making the same be held to be duly done or made if done or made on the day on which the office shall next be ooen. CO., c. 43, s. 32. clerk's fees. 33. For services under this Ordinance each clerk aforesaid shall be entitled to receive the following fees: 1. For filing each instrument and affidavit, including the certificate on a dupliacte, if any, and for entering the same in a book as aforesaid, 50 cents; 2. For filing assignments of each instrument and for making all proper indorsements in connection therewith, 50 cents; 3. For filing certificates of discharge of each instrument and for making all proper entries and indorsements connected therewith, 50 cents; 4. For searching for each paper, 25 cents; 5. For copies of any document filed under this Ordinance with certificate thereof, 10 cents for every hundred words; 6. For every certificate under section 27 of this Ordinance, 50 cents. CO., c. 43, s. 33. SCHEDULE. FORM A. {Section 7.) Mortgage of Chattels. This Indenture made the day of A.D. 1 between A.B., of of the one part and CD., of of the other part. Witnesseth that in consideration of the sum of $ now paid to A.B. by CD. the receipt of which the said A.B. hereby acknowledges (or whatever else the consideration may he) he the said A.B. doth hereby assign to the said CD., his executors, administrators and assigns all and singular the several chat- tels and things specifically described as follows {or in the schedule 448 Sched. BILLS OF sale Cap. 43 13 hereto annexed) by way of security for the payment of the sum of $ and interest thereon at the rate of per cent, per annum {or whatever else may he the rate) and the said A.B. doth further agree and declare that he will duly pay to the said CD. the principal sum aforesaid together with the interest then due on the day of A.D. {or whaterrer else may be the stipulated time or times for pay- ment). And the said A.B. doth agree with the said CD. that he will {here insert terms as to insurance, payment of rent, col- lateral securities or otherwise which the parties may agree to for the maintenance or defeasance of the security.) Provided always that the chattels hereby assigned shall not be liable to seizure or to be taken possession of by the said CD. for any cause other than those specified in section 16 of The Bills of Sale Ordinance except as is otherwise specially provided herein. In witness whereof the said A.B. has hereunto set his hand and seal. Signed and sealed by the said A.B. in the presence of me E.F. A.B. {Add name, address and occupation of witness.) FORM B. {Section 25.) Discharge of Chattel Mortgage. To the registration clerk of the registration district of I, A.B., of do certify that has satisfied all money due on or to grow due on a certain chattel mortgage made by to which mortgage bears date the day of A.D. 1 and was registered {or in case the mortgage has been renm)ed was renewed) in the office of the registration clerk of the regis- tration district of °^ the A.D. 1 as number {^^ mention the day and date or registration of each assignment thereof and the names of the parties or mention that such mortgage has not been assigned as the fact may be) and that I am the person entitled by law to receive the money; and that such mortgage is therefore discharged. Witness my hand this day of A.D. 1 Witness {stating residence and ^ occupation). \ ■^•■"• E.F. J 449 CHAPTER 44. An Ordinance respecting Hire Receipts and Conditional Sales of Goods. THHE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows: S"sof°"^d. 1- Whenever on a sale or bailment of goods of the value of $15 or over it is agreed, provided or conditioned that the right of property or right of possession in whole or in part shall remain in the seller or bailor notwithstanding that the actual possession of the goods passes to the buyer or bailee the seller or bailor shall not be permitted to set up any such right of property or right of possession as against any purchaser or mortgagee of or from the buyer or bailee of such goods in good faith for valuable consideration or as against judgments, executions or attachments against the purchaser or bailee un- less such sale or bailment with such agreement, proviso or condition is in writing signed by the bailee or his agent and registered as hereinafter provided. Such writing shall con- tain such a description of the goods the subject of the bail- ment that the same may be readily and easily known and distinguished : Proviso Provided that nothing in this section shall apply to any bailment where it is not intended that the property in the goods shall eventually pass to the bailee on payment of pur- chase money in whole or in part or the performance of some condition by the bailee. CO., c. 44, s. 1. Registration 2. Such Writing or a true copy thereof shall be registered in the office of the registration clerk for chattel mortgages in the registration district within which the buyer or bailee resides within 30 days of such sale or bailment and also in the regis- tration district in which the goods are delivered or to which they may be removed within 30 days of such delivery or re- moval verified by the affidavit of the seller or bailor or his agent stating that the writing (or copy) truly sets forth the agreement between the parties and that the agreement therein set forth is bona fide and not to protect the goods in question against the creditors of the buyer or bailee as the case may be. CO., c. 44, s. 2. 3, 4, 5. {Repealed) 1903, 2nd session, c. 12, s. 1. Memorandum 6. The Seller or bailor shall upon payment or tender of the of seller ^'"°" amount due in respect of such goods or performance of the conditions of the bailment sign and deliver to any person de- 450 ingr possession s. 10 LIEN NOTES Cap. 44 manding it a memorandum in writing stating that his claims against the goods are satisfied and such memorandum shall thereupon operate to divest the seller or bailor of any further interest or right of possession if any in the said goods. Any such memorandum if accompanied by an affidavit of execu- tion of an attesting witness may be registered. CO., c. 44, s. 6. 7. In case the seller or bailor shall retake possession of theRetaki goods he shall retain the same in his possession for at least 20 days and the buyer, bailee or any one claiming by or through or under the buyer or bailee may redeem the same upon pay- ment of the amount actually due thereon and the actual neces- sary expenses of taking possession. CO., c. 44, s. 7. 8. The goods or chattels shall not be sold without five days' ^ilfJoFiaie notice of the intended sale being first given to the buyer or 'o""; given bailee or his successor in interest. The notice may be per- sonally served or may in the absence of such buyer, bailee or his successor in interest be Iteft at his residence or last place of abode or may be sent by registered letter deposited in the post office at least seven days before the time when the said five days will elapse addressed to the buyer or bailee or his successor in interest at his last known post office address in Canada. The said five days or seven days may be part of the 20 days mentioned in section 7 hereof. C.O., c. 44, s. 8. 9. Copies of any instrument filed under this Ordinance cer-copie. of tified by the registration clerk shall be received as prima /acie 'tote"^idence evidence for all purposes as if the original instrument were produced and also as prima facie evidence of the execution of the original instrument according to the purport of such copy. And the clerk's certificate shall also be prima facie evidence of the date and hour of registration or filing. CO., c. 44, s. 9. 10. The registration clerk shall be entitled to charge a fee Registration of 25 cents for each registration; 10 cents for each search; "^ 10 cents per 100 words for copies of documents and 25 cents for each certificate. CO., c. 44, s. 10. 451 CHAPTER 45. An Ordinance respecting Partnerships. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows: REGISTRATION OF COPARTNERSHIPS. certain cases Declaration of 1. All pcrsons assoclated in partnership for trading, manu- be fiTelin'"' *'' factiu'lng or mining purposes in the Territories shall cause to be filed in the office of the registration clerk of the registration disti-ict for registration of chattel mortgages and other trans- fers of personal property in the Territories in which they carry on or intend to carry on business a declaration in writing signed by the several members of such partnership: Provided howc^'e^ that if any of the said members be absent from the place where they carry on or intend to carry on busi- ness at the time of making such declaration then such declara- tion shall be signed by the members present, in their own names and also for their absent co-members under their special authority to that effect; such special authority to be at the same time filed with the said registration clerk and annexed to such declaration. CO., c. 45, s. 1. Where parties absent Contents of declaration 2. Such declaration shall be in the form A in the schedule to this Ordinance and shall contain the names, surnames, additions and residences of each and every partner or asso- ciate as aforesaid and the name, style or firm under which they carry on or intend to carry on such business and stating also the time during which the partnership has existed and is to exist also declaring that the persons therein named are the only members of such copartnership or association. CO., c. 45, s. 2. Time tor filii declaration Changes in firm 3. Such declaration shall be filed within six months next after the formation of any such partnership and a similar de- claration shall in like manner be filed when and so often as any change or alteration or 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 partnership. CO., c. 45, s. 3. PERSON USING TRADE NAME. REGISTRATION. Individual using 4. Evcry person engaged in business for trading, manufac- trade name i* •■ ii> * i * t_ turing or mimng purposes and who is not associated in part- 452 s. 9 PARTNERSHIPS Cap. 45 2 nership with any other person or persons but who uses as his business style some name or designation other than his own name or who in such business uses his own name with the addition of "and company" or some other word or phrase indicating a pluraUty of members in the firm shall cause to be filed as aforesaid a declaration of the fact in writing signed by such person. CO., c. 45, s. 4. ' 5. The declaration last aforesaid shall contain the name, f °?^?j"^'^j°f surname, addition and residence of the person making the j" c'llra'tfon 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 within six months of the time when such style is first used. CO., c. 45, s. 5. REGISTRATION BOOKS. 6. It shall be the duty of the registration clerk aforesaid Registration to keep two alphabetical index books of all declarations of copartnership filed in his office in pursuance of the provisions hereof. CO., c. 45, s. 6. 7. In one of such books, hereinafter called the "firm index Firm index book," the registration clerk shall enter in alphabetical order ''°°'^ the style of the respective firms in respect of which declara- tions have been filed in his office, and shall place opposite each entry the names of the person or persons composing such firm, and the date of the receipt by him of the declaration in the manner shown in form B in the schedule to this Ordinance. CO., c. 45, s. 7. 8. In the second of such books, hereinafter called the " Indi- MWiduai index vidual index book," the said registration clerk shall enter in alphabetical order the name,s of the respective members of each of such firms and shall place opposite such entry the style of the firm of which such person is a member and the date of the receipt of the declaration in the manner shown in form C in the schedule to this Ordinance. CO., c. 45, s. 8. PENALTY FOR NONREGISTRATION. 9. Each and every member of any partnership or other per-F^^^f^^^.^^ sons required to register a declaration under the provisions of ordinance this Ordinance who fails to comply with the requirements aforesaid shall forfeit the sum of one hundred dollars to be ""^'^ recovered before any court of competent jurisdiction by any person suing as well on his own behalf as on behalf of Her Majesty; and half of such penalty shall belong to the general revenue fund of the Territories and the other half to the party suing for the same unless the suit be brought as it may be by 453 3 Cap. 45 PARTNERSHIPS s. 9 the Attorney General on behalf of Her Majesty only, in which case the whole of the penalty shall belong to the Territories aforesaid. CO., c. 45, s. 9. EFFECT OF DECLARATION. Binding effect 10. Thc allcgations made in the declaration aforesaid can- ofded-.ation ^^^ j^^ controvertcd by any person who has signed the same nor can they be controverted as against any party not being a partner by a person who has not signed the same but who was really a member of the partnership therein mentioned at the time such declaration was made. CO., c. 45, s. 10. Liability ot 11. Until a new declaration is made and filed by him or by decWtiM "'"^ his copartners or any of them as aforesaid no such signer shall dedarld'oesnotbe dccmed to have ceased to be a partner; but nothing herein fiabmty^""" contained shall exempt from liability any person who being a partner fails to declare the same as already provided and such person may notwithstanding such omission be sued jointly with the partners mentioned in the declaration or they may be sued alone and if judgment is recovered against them any Partneri' rights other partner or partners may be sued jointly or severally inter se jj^ ^^ actlou ou the original cause of action upon which such judgment was rendered 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. CO., c. 45, s. 11. DECLARATION OF DISSOLUTION. Declaration of 12. Upou the dissolutiou of any partnership any or all of dissolution , i 1 . ii- ' t nt the persons who compose such partnership may sign and file a declaration certifying the dissolution of the partnership in the form D in the schedule to this Ordinance. CO., c. 45, s. 12. REGISTRATION FEES. Fe=s 13. The said registration clerk shall be entitled for filing declaration under this Ordinance to a fee of fifty cfents and for searches made in each of such books the following fees and no more: For searching in the firm index book, each firm $0 10 For searching in the individual index book, each name.. . 10 For each certificate, when required 25 CO., 0. 45, s. 13. 454 Schcd. PARTNERSHIPS SCHEDULE. Cap. 45 FORM A. Declaration of Copartnership. North- West Territories, ] f We, of in {occupation) and of (occupation) hereby certify: 1_. That we have carried on and intend to carry on trade and business as at in partnership under the name and firm of _ (Or I or we) the undersigned of _ in hereby certify that I (or we) have carried on and intend to carry on trade and business as at in partnership with of and of (as the case may be.) 2. That the said partnership has subsisted since the day of one thousand 3. And that we (of 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 FORM B. Firm Index Book. Style of firm. Names of persons com- posing the firm and -their residences. Date of filing declaration. John Smith & Co. . . . James Abbott & Son. Bernard & Johnson. . John Smith, Moose Jaw. . . Edward Ives, Regina James Abbott, Calgary. . . George Abbott, Calgary.... Arthur Bernard, Troy. . . . Alexander Johnson, Troy. 15 Sept. 1889 10 Sept., 1889 1 Mar., 1889 455 Cap. 45 PARTNERSHIPS FORM C. Individual Index Book. Sched Name of individual and residence. Style of firm of which a member Date of filing declaration Abbott, James, Calgary. James Abbott & Son 10 Sept., 1889 Abbott, George, " li H Bernard, Arthur, Troy. . Bernard & Johnson . 1 March, 1889 Johnson, Alex., Troy Bernard & Johnson . 1 March, 1889 FORM D. Declaration of Dissolution of Partnership. North- West Territories, ] J ' formerly a member of the firm of carrying on business as at in the of under the style of do hereby certify that the said partnership was on the day of dissolved. Witness my hand at the day of one thousand A.B. 456 TITLE VI. RELATING TO SPECIAL RELATIONSHIPS. CHAPTER 46. An Ordinance respecting Marriages. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. 1. This Orcjinance may be cited as "The Marriage Ordi- short title nance." CO., c. 46, s. 1. SOLEMNIZATION OF MARRIAGE. 2. The ministers and clergymen of every church or reli-whomay gious denomination duly ordained or appointed according to!^''^J^°™g the rites and ceremonies of the churches, denominations or '='=''<='"°"y religious bodies to which they respectively belong and com- missioners and staff officers of the Salvation Army may by virtue of such ordination or appointment and according to the rites and usages of such churches, denominations or reli- gious bodies respectively and commissioners appointed for that purpose by the Lieutenant Governor in Council may solemnize or perform the ceremony of marriage between any two persons not under a legal disqualification or disability to contract such marriage. CO., c. 46, s. 2. 3. [Except as hereinafter provided] no marriage commis- Marriage sioner shall solemnize marriage unless the parties to the in- b"pLXrme°d '° tended marriage produce to him the license provided for by ^^'^^^J''^™^^ this Ordinance; and no minister or clergyman or other per- son authorized to perform the ceremony or marriage shall solemnize marriage unless the parties to the intended marriage produce to him such license or unless the intention of the two persons to intermarry has been proclaimed by publication of banns at least thrice openly on two successive Sundays in some pubhc religious assembly. CO., c. 46, s. 3; 1901, c. 17, s. 1. 4. All marriages shall be solemnized in the presence of two ^vitnesses or more credible witnesses besides the minister, clergyman, 457 Cap. 46 MARRIAGE S. 4 marriage commissioner or other person performing the cere- Registration mony; and every person solemnizing a marriage shall register the same according to the provisions of The Vital Statistics Ordinance. CO., c. 46, s. 4. No action against person solemnizing marriage 5. No person duly authorized who solemnizes a marriage in conformity with the provisions of section 2 of this Ordinance shall be subject to any action or liability for damages or other- wise by reason of their having been any legal impediment to the marriage unless at the time when he performed the ceremony he was aware of the impediment. C.O., e. 46, s. 5. ISSUE OF MARRIAGE LICENSES. Issue oi license! 6. Marriage licenses shall be in form A in the schedule to this Ordinance and shall be supplied from the department of the [Territorial Secretary] and shall be issued to persons re- quiring the same by such persons as the Lieutenant Governor in Council may name for that purpose. CO., c. 46, s. 6; 1903, 1st session, c. 11, s. 3. Signature ot licenses 7. Such licenses shall be signed by the [Territorial Secretary] and shall be and remain valid notwithstanding that the [Terri- torial Secretary] has ceased to hold office before the time of the issue of the license. CO., c. 46, s. 7; 1903, 1st session, c. 11, s. 3. E'suef"''''^ 8. Every issuer of marriage licenses shall sign each license as the same is issued by him. CO., c. 46, s. 8. tfg'itntof""'" 9. Before a hcense is granted by any issuer one of the license partlcs to the intended marriage shall personally make an affidavit before him to the effect of form B in the schedule hereto. (2) The affidavit may be made before any justice of the peace in any case where it is inconvenient for either of the parties to be married to attend personally before an issuer of marriage licenses: Provided always that the reason that neither party can so attend shall be set forth in such affidavit as a justification for the issuer granting license without a personal application by one of said parties. CO., c. 46, s. 9. evuencemaybe 1^. lu casc the issuer has knowledge or reason to suspect required that aiiv of thc statemcuts in the affidavit of any applicant for a marriage 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. CO., c. 46, s. 10. 458 s. 15 MARRIAGE Cap. 46 11. The father, if living, of any person under twenty-one ^°';^?^"'^'°^j. years if age (not being a widower or widow) or if the father mfnors^^ ° is dead then the mother of the minor or if both parents are dead then the lawfully appointed guardian or the acknow- ledged guardian who may have brought up or for three years immediately preceding the intended marriage supported or protected the minor shall have authority to give consent to such marriage. •'S"-' [(1) Any female over the age of eighteen years who is living consent apart from her parents or guardians and earning her own ''"''^""^'^ '^'"' livelihood may be excused from obtaining the consent of such parent or guardian and a statement of the facts constituting such excuse shall be set forth in the affidavit required by sec- tion 9 hereof.] CO., c. 46, s. 11.; 1903, 1st session, c. 11, s.l. 13. Every issuer of marriage licenses shall on the fifteenth Quarterly day of January, April, July and October in each year make a SnTel Tssued sworn return to the [Territorial Secretary] of all licenses issued by him during the preceding three months with the names of the parties to whom issued and shall accompany such return with the original affidavit taken in each instance. The said return shall further state the number of unissued Ucenses in the custody of the issuer and shall be made in the form pre- scribed by the Lieutenant Governor in Council. (2) The Lieutenant Governor in Council may in special cases dispence with the provisions of this section and may make regulations for special returns to be made in such cases. CO., c. 46, s. 12; 1903, 1st session, c. 11, s. 3. 13. Every issuer of marriage Ucenses shall whenever called P|^^7i;°f^"J';, upon by the [Territorial Secretary] make a sworn return of all licenses at any time supplied to him and shall return all un- issued hcenses if so required. CO., c. 46, s. 13; 1903, 1st session, c. 11, s. 3. 14. There shall be payable to every issuer of marriage licen- Fee. tor licenses ses on the issue of each license by him the sum of 13 of which such issuer shall be entitled to retain f 1 as his fee; the remainder he shall pay over to the Territorial Treasurer at the time of each return made by such issuer to form part of the revenue of the Territories. CO., c. 46, s. 14. 15. Any person unlawfully issuing a marriage license sup- unauthorized^^ plied from the department of the [Territorial Secretary], any orsoiemmzation issuer of marriage licenses granting a license without first" """"^ having obtained the aflidavit required by this Ordinance, and any person solemnizing a marriage contrary to the provisions penalty of this Ordinance shall, on summary conviction thereof before two justices of the peace, for every such contravention forfeit 459 4 Cap. 46 MARRIAGE s. 15 and pay a fine not exceeding $100 and costs of prosecuti'on. CO., c. 46, s. 15; 1903, 1st session, c. 11, s. 3. [civil marriage.] cmim^arriage [jg. jn tlic event of any parties objecting to or not being commissioner desiious of adopting marriage by a clergyman or minister of any religious denomination then and in that case notice in writing in form C of the schedule hereto must be given by one of the parties to the marria,;,e commissioner where such parties propose to marry at least fourteen clear daye- immediately preceding the day of t!ie intended marriage and a declaration of nondisqualification in form D of the schedule hereto must be made and signed by each of the parties so proposing to marry; and forthwith upon receipt of such notice and declara- tion the same shall be entered upon a book to be kept for that purpose by the marriage commissioner in his office which shall be open to the inspection of the public] 1901, c. 17, s. 2. Commissioners [17. l^pou the duB compliancB of the parties with the pro- cert.ficate visious of thc last preceding section the marriage commissioner shall if required give a certificate of such comoliance in form E of the schedule hereto.] 1901, c. 17, s. 3. Marriage by [18. Aftcr thc explratlou of the said period of fourteen days marriage may be contracted in the office of and solemnized by the said marriage commissioner according to the form and in the manner hereinafter mentioned but not otherwise-' (a) Provided that the marriage shall be contracted with open doors in thc presence of two or more credible witnesses besides the marriage commissioner; (6) Provided further that in the presence of such marriage commissioner and witnesses each of the parties shall declare: "I do solemnly declare that I know not of "any lawful impediment why I, A.B., may not be "joined in matrimony to CD.," and each of the parties shall say to the other: "I call upon these "persons here present to witness that I, A.B., do take "thee, CD., to be my lawful wedded wife {or hus- "band);" (c) Provided also that there be no lawful impediment to the laM'ful marriage of such parties.] 1901, c. 17, s. 4. [QUAKERS OR DOUKHOBORTSI.] [19. Nothing in this Ordinance shall be construed as in any way preventing the people called Quakers or Doukhobortsi from celebrating marriage (where either or both the parties shall be of t'le people called Quakers or Doukhobortsi respect- 460 commissioner 8. 20 MARRIAGE Cap. 46 ively) according to the rights and ceremonies of their own religion or creed. (2) Subject to the following provisions all such Quakers or Doukhobortsi desirous of being married according to the rites and ceremonies of their own religion or creed shall not less than eight days before such marriage is solenmized give notice in writing to be signed by one of the parties in form C of the schedule hereto to a marriage commissioner of their intention to have such rite or ceremony performed; and forthwith after the performance of the said rite or ceremony shall make and sign a declaration in form F of the schedule hereto which said declaration shall be signed by both the parties to the marriage so contracted in the presence of two witnesses who shall each severally attest such declaration by their signatures; and such declaration shall within eight days be delivered by one or other of the parties so married to the marriage commissioner to whom the aforesaid notice was given. (3) The marriage commissioner shall upon receipt of the said declaration forthwith transmit the aforesaid notice of intention and declaration to the registrar of the division for the registration of births, marriages and deaths within which the said marriage was solemnized; and such registrar shall deal with the said notice and declaration in the manner in which is it provided by The Vital Statistics Ordinance that such registrar shall deal with the forms containing the original entries of marria^ies reported to him during the month then current.] 1901, c. 17, s. 5. [marriages heretofore solemnized.] [30. Every marriage heretofore solemnized between persons not under legal disqualification to contract such marriage shall be deemed a valid marriage so far as respects the civil rights of the North-West Territories of the parties of their issue and in respect of all matters within the jurisdiction of the Legis- lative Assembly of the North- West Territories notwithstanding that the person who solemnized such marriage was not duly authorized to solemnize marriage and notwithstanding any irregularity or insufficiency in the publication of banns or in the issue of license or notwithstanding the entire absence of either : Provided that the parties after such solemnization lived together and cohabited as husband and wife. 1901, c. 17, s. 3. 461 Cap. 46 MARRIAGE Sched. SCHEDULE. FORM A. CANADA. I North-West Territories. / These are to certify that A.B.oi and CD. of being minded as it is said to enter into the contract of marriage and being desirous of having the same duly solemnized the said A.B. {or CD.) has made oath that he {or she) believes that there is no affinity, consanguinity or any other lawful cause or legal impediment to bar or hinder the solemnization of the said marriage. And these are therefore to certify that the requirements in this respect of the Ordinance respecting marriages have been complied with. Given under my hand at Regina in the North- West Terri- tories this day of A.D. 1 [Territorial Secretary.] Issued at in the North- West Territories this day of A.D. 1 Issuer. CO., c. 46, form A; 1903, 1st session, c. 11, s. 3. FORM B. I, A.B., Bachelor {or [as the case may be]) or CD., Spinster {or [as the case may be]) make oath and say as follows: 1. I and CD., of Spinster {or [as the case mny be]) {or A.B. of ^ Bachelor {or [as the case may be]) are desirous of entering into the contract of marriage and of having our marriage duly solemnized at 2. According to the best of my knowledge and belief there is no affinity, consanguinity or any other lawful cause or legal impediment to bar or hinder the solemnization of the said marriage. 3. I am of the age of years and the said CD. {or A.B.) is of the age of years. 4. {In case one of the parties is under the age of twenty-one years add) 462 Sched. MARRIAGE Cap. 46 E.F. of is the person whose consent to the said mar- riage is required by law and the said E.F. has formally con- sented to the said marriage. {Or if both parties are under age.) E.F. of and G.H. of are the persons whose consent to the said marriage is required by law and the said E.F. and G.H. have formally consented to the said marriage. (Or if in the case of one of the minors there is no person whose consent is required by law add according to the facts) The father of the said CD. {or A.B.) is dead and the mother of the said CD. {or A.B.) is dead and the said 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 {In case both the parties are minors and there is no person whose consent is required by law add a similar statement con- cerning the other party according to the facts.) {Signed) A.B. (or CD.) Sworn before me at in the North-West Territories this ' day of A.D. 1 {Signed) I.J. C.O., c. 46, form B; 1903, 1st session,- c. 11, s. 2. [FORM C. Notice of Marriage. To of ^ • • Marriage Commissioner. I hereby give you notice that a marriage is intended to be had on the day of 190 between me and the other party described and named herein. 463 Cap. 46 MARRIAGE Sched. Name Condition Rank or Profesiion Age Dwelling place Witness my hand this day of 190 (Signed) A.B.] 1901, c. 17, form C. [FORM D. Declaration of Nondisqualification. We severally do solemnly declare that we know of no lawful impediment of kindred 'or alliance or other lawful hindrance why we may not be joined in matrimony. of of 1 ] 1901, c. 17, form D. [FORM E. Marriage Commissioner's Certificate. I) , marriage commissioner in the North- West Territories, do hereby certify that on the day of 190 notice was duly entered in the marriage notice book kept by me of the marriage in- tended between the parties' therein named and described, deliv- ered under the hand of one of the parties that is to say — 464 Sched. MARRIAGE Cap. 46 Name Condition Rank or Profession Age Dwelling- place Date of notice entered, Date of certificate given Witness my hand at day of 190 190 this 190 Marriage Cominibstoner. 1901, c. 17, form E. [FORM F. Declaration of ilARRiAGE. "We, the persons hereinafter described, declare that marriafjo according to the rites and ceremonies of the people called (Quakers or Doukhobortsi, as the case may be!) was contracted by us this day of 190 and we each severally further declare that we know of no lawful impediment of kindred or alliance or other lawful hindratce why we A.B., and CD., may not be joined in matrimony.] 1901, c. 17, form F. X 465 CHAPTER 47. An Ordinance respecting the Personal Property of Married Women. rr HE Lieutenant Governor by and with the advice and consent -*- of the Legislative Assembly of the Territories enacts as follows : prolertyof !• ^ married woman shall in respect of personal property '^ be under no disabilities whatsoever heretofore existing by reason of her coverture or otherwise but shall in respe^r of the same have all the rights and be subject to all the liabilities of a feme sole. CO., c. 47, s. 1. tnarrit women 4GG CHAPTER 48. An Ordinance respecting Compensation to tiie Families ot Persons Killed by Accidents. rr HE Lieutenant Governor by and with the advice and consent -*- of the Legislative Assembly of the Territories enacts as ftdlows : 1. The following words and expressions shall have in this interpretation Ordinance the meanings hereby assigned to them respectively so far as such meanings are not excluded by the context or by the nature of the subject matter : 1. "Parent" shall include father, mother, grandfather, "Parent ■ grandmother, stepfather, stepmother; and 2. "Child" shall include son, daughter, grandson, grand- -chiid" daughter, stepson, stepdaughter. CO., c. 48, s. 1. 2. Whenever the death of a person has been caused by such when wrongful act, neglect or default as would (if death had not rec"ovembi^" ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, in each case the per- son who would have been liable if death had not ensued shall be liable to an action for damages notwithstanding the death of the party injured. CO., c. 48, s. 2. 3. Every such action shall be for the benefit of the wife, who to benefit husband, parent, child, brother or sister of the person whose ^^ '"'''°" death has been so caused and shall be brought by and in the name of the executor or administrator of the person deceased • and in every such action the Court may give such damages as it thinks proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action has been brought. CO.. c. 48, s. 3. 4-. Not more than one action shall lie for and in respect ofl Limitation the same subject matter of complaint and every such action" ^'"°" shall be commenced within twelve months after the death oi the deceased person. CO., c. 48, s. 4. 467 CHAI'TER 49. An Ordinance respecting Insurance for the benefit of Wife and Children. rPHE Lieutenant Governor by and with the advice and consem . ■■- of the Legislative Assembly of the Territories enacts aS as follows : Interpretation 1. In this Ordinance "maturity of the policy" or "maturity of the contract," means the happening of the event or the expiration of the term at which the benefit under the policy or contract accrues due. CO., c. 49, s. 1. Husbands may insure for benefit of wife or children 2. Any person may insure his life for the whole termthere^ of or for any definite period for the benefit of bis wife and children or of his wife and some one of his children or of his children only or of some one of them and where the insurance is effected for the benefit of more than one he may apportion the amount of the insurance money as he may deem proper. CO., c. 49, s. 2. . May be in _ name of wife or trustee 3. The insurance may be effected either in the name of the person whose life is insured or in the name of his wife or of any other person (with the assent of such other person) as trustee. CO., c. 49, s. 3. Insurance may be declared for benefit of wife or children Antenuptial policy 4. In case a policy or written contract of life insurance effected by a man on his lifei,. is expressed upon the face of it to be for the benefit of his wife or his wife and children or any of them or in case he has heretofore indorsed or may hereafter indorse or by any writing identifying the policy by its number or otherwise has made or may hereafter make a die- claration that the policy is for the benefit of his wife or of his wife and children or any of them such policy shall enure and be deemed a trust for the benefit of his wife for her separate use and of his children or any of them according to the intent so expressed or declared and so long as any object of the trust remains, the money payable under the policy shall not be subject to the control of the husband or his creditors or form part of his estate when the sum secured by the policy or written contract becomes payable but this shall not be held to interfere with any pledge of the policy to any person prior to such declaration. (2) In case of a policy or written contract of life insur- ance effected before marriage a declaration under this section shall be and be deemed to have been as valid and effectual as if such policy or contract has been effected after marriage but 468- 8. 8 OF WIFE AND CHILDREN Cap. 49 2 nothing herein contained shall affect any action or proceeding iiow pending. CO., c. 49, s. 4. 5. The insured may by an instrument in writing attached Apportionment to or indorsed on or identifying the policy by its number '"*'' or otherwise, vary an apportionment previously made so as to extend the benefits of the policy to the wife or the children to one or more of them although the policy is expressed to be for the benefit of the wife alone or the child or children alone or although a prior declaration was so restricted; and he may also apportion the insurance money among the persons intend- ed to be benefitted ; and may from time to time by an instru- ment in writing attached to or indorsed on the policy or re- by wlu'"""^ ' ferring to the same alter the apportionment as he deems pro- per ; he may also by his will make or alter the apportionment of the insurance money ; and an apportionment made by his will shall prevail over any other made before the date of the will except so far as such other apportionment has been acted on before notice of the apportionment bj"^ the will. (2) This section applies to policies heretofore issued as well as to future policies. CO., c. 49, s. 5. 6. Where no apportionment is made all persons entitled to provision be benefitted by the insurance shall be held to share equally ^^pplMm^ment in the same ; and where it is stated in the policy or declaration that the insurance is for the benefit of the wife and children generally or of the children generally without specifying the names of the children the word children shall be held to mean all the children of the insured living at the maturity of Uie policy whether by his then or any former wife and the wife to benefit by the policy shall be the wife living at the maturity thereof. CO., c. -19, s. 6. 7. Any such policy may be surrendered or assigned : L"g„"^"„t' (a) Where the policy is for the benefit of children only °''p°"'^y Slid the children surviving are of the full age of twenty-one years if the person insured and all such S'.iiviving children agree to so surrender or assign; ■•'(■ (5) Where the policy is for the benefit of both a wife and cliildrpn b:,l\ the surviving children are all of the full age of twenty-one years if the person insured and his then wife if any and all such surviving children agree to so surrender or assign; or (c) Where the policy is for the benefit of a wife only or of a wife and children and there are no children living of the person insured and his then wife agrees to so surrender or assign. CO., c. 49, s. 7. 8. Where an apportionment as in sections 2 and 5 hereof Apportioned provided for has been made if one or more of the persons in p°'"='' 469 Cap. 49 INSURANCE FOE THE BENEFIT S. 8 Death of beneficiary before person insured whose favour the apportionment has been made die in the life- time of the insured the insured may by an instrument in writ- ing, attached to or indorsed on or otherwise referring to and identifying the policy of insurance declare that the sharie formerly apportioned to the person so dying shall be for the benefit of such other person or persons as he may name in that behalf not being other than the wife and children of the in- sured and in default of any such declaration the share of the person so dying shall be the property of the insured and may be dealt with and disposed of by him as he may see fit and shall at his death form part of his estate. CO., c. 49, s. 8. No apportionment Death of beneficiary 9. Where no apportionment as in sections 2 and 6 hereof provided for has been made if one or more of the persons en- titled to the benefit of the insurance die in the lifetime of the insured and no apportionment is subsequently made by the in- sured the insurance shall be for the benefit of the survivor ur of the survivors of such persons in equal shares if more than one ; and if all the persons so entitled die in the lifetime of iihe insured the policy and the insurance money shall form part of the estate of the insured ; or after the death of all the persons entitled to such benefit the insured ma}'- by an instrument executed as aforesaid make a declaration that the policy shall be for the benefit of his then or any future wife or children or some one of them. CO., c. 49, s. 9. Payment of insurance money 10. When the insurance money becomes due and payable it shall be paid according to the terms of the policy or of any de- claration or instrument as aforesaid as the case may be free from the claims of any creditors of the insured except as here- in provided. CO., c. 49, s. 10. Insurance for children Proof to be adduced 11. Where the insurance money or part thereof is for the benefit in whole or in part of the children of the insured and the children are mentioned as a class and not by their indi- vidual names the money shall not be payable to the children until reasonable proof is furnished to the company of the number, names and ages of the children entitled. CO., c. 49, s. 11. Appointment or trustees 12. The insured may by the policy or by his will or by any writing under his hand appoint a trustee or trustees of the money payable under the policy and may from time to iime revoke such appointment in like manner and appoint a new trustee or new trustees and make provision for the appoint- ment of a new trustee or trustees and for the investment of the money payable under the policy. Payment ma;de to such trustee or trustees shall discharge the company. CO., c. 49. s. 12. 470 S 16 OF WIFE AND CHILDBEN Cap. 49 4 13. If no trustee is named in the policy or appointed as ^^y^'^i .mentioned in section 12 hereof to receive the shares to which t^"»tles° infants are entitled their shares may be paid to the executors of the last will and testament of the insured or to a guardian of the infants duly appointed by the Supreme Court of the North- West Territories or a judge thereof upon the applica- tion of the wife or of the infants or their guardian and such payment shall be a good discharge to the insurance company. CO., c. 49, s. 13. 14. Any trustee named as provided for in the last precedine investment , ,- T , ,. ^ oby trustees two sections and any executor or guardian may invest the money received in government securities or municipal of school debentures or in mortgages of real estate or in any other manner authorized by the will of the insured and may from time to time alter, vary and transpose the investments and apply all or any part of the annual income arising from tlie share or presumptive share of each of the children in or to'.- ards his or her maintenance and education in such manner as the trustee, executor or guardian thinks fit and may also advance to and for any of the children notwithstanding his or her minority the whole or any part of the share of the child: of and in the money for the advancement or preferment in the world or on the marriage of such child. CO., c. 49, s. 14. 15. A guardian appointed as provided in section 13 hereof ^^™J'/„'''' shall give security to the satisfaction of the Court or judge for the faithful performance of his duty as guardian and for the proper application of the money which he may recwve. Where the amount of the insurance money payable to a guar- dian of infants does not exceed $400 and probate is sought in respect of a will for the sole purpose of obtaining insurance money to an amount not exceeding $400 the fees payable on the appointment of such guardian or executor shall be $4 and no more and such fee.' shall be regulated in the manner pre- scribed. CO., c. 49, s. 15. 16. If there is no trustee, executor or guardian competent to f„^l^^^^°^ receive the siiaro of any infant in the insurance money and g"^;'',^^'"^ the insurance company admits the claim or any part thereof! no trustee, the company at any time after the expiration of two months from the date of their admission of the claim or part thereof may obtain an order from the Supreme Court of the North- Wf:«t Territories or a judge thereof for the payment of! the share of the infant into Court ; and in such case the costs of the application shall be paid out of the share (unless the Court or judge otherwise directs) and the residue shall be paid into Court pursuant to the order; and such payment shall be a siiffitient discharge to the company for the money paid : and the money shall be dealt with as the Court or judge may direct. 471 Cap. 49 INSUEANCE FOR THE BENEFIT S. 16 (3) Order for payment of insurance moneys C-osti (2) If the company does not within four months from the time the claim is admitted either pay the same to some person competent to receive the money under this Ordinance or pay the same into the Supreme Court the said Court or judge thereof may upon application made by some one competent to receive the said money or by some other person on behalf of the infant order the insurance money or any part thereof to be paid to any trustee, executor or guardian competent to receive the same or to be paid into Court to be dealt with as the Court or judge may direct and any such payment shall be a goad discharge to the company. (3) The Court or judge may order the cost of the applica- tion and any costs incidental to establishing the authority of the party applying for the order to be paid out of such moneys or by the company or otherwise as may seem just and the Court or judge may also order the costs of and incidental to obtaining out of Court moneys voluntarily paid in by a com- pany to be paid out of such moneys. CO., c. 49, s. 16. Surrender of policy for paid up policy 17. If a person who Has heretofore "elfected or who her€i»T after effects an insurance for the purposes contemplated by this Ordinance whether the purpose appears by the terms of the policy or by indorsement thereon or by an instrument re- ferring to and identifying the policy finds himself unable to continue to meet the premiums he may surrender the policy to the company and accept in lieu thereof a paid up policy for such sum as the premiums paid would represent payable at death or at the endowment age or otherwise (as the case may be) in the same manner as the money insured by the original policy if not surrendered would have been payable; and the company may accept the surrender and grant the paid up policy notwithstanding any declaration or direction in favour of the wife and children or anv of them. CO., c. 49, s. 17. Borrowing' for payment of premiums 18. The person insured may from time to time borrow from the company insuring or from any other company or person on the security of the policy such sums as may be necessary and the same shall be applied to keep the policy in force on such terms and conditions as may be agreed on; and the sums so borrowed together with such lawful interest thereon as may be agreed upon shall so long as the policy remains in force be a first lien on the policy and on all moneys payable thereunder notwithstanding any declaration or direction in favour of the wife or children or any or either of them. CO.. c. 49, s. 18. Bonuses and profits 19. Any person insured under the provisions of this Ordi- nance may in writing require the insurance company to pay the bonuses or profits accruing under the policy or portions of the same to the insured ; or to apply the same in reduction of the annual premiums payable by the insured in such way 472 s. 24 OP WIFE AND CHILDREN Cap. 49 6 as he may direct ; or to add the said bonuses or profits to the policy; and the company shall pay or apply such bonuses or profits as the insured directs and according to the rates and rules established by the company: Provided always that the company shall not be obliged to pay or apply such bonuses or profits in any other manner than stipulated in the policy or the application therefor. CO., c. 49, s. 19. 20. In case oi several actions being brought for insurance* several money the Court is to consolidate or otherwise deal therewith so that there shall be but one action for and in respect of the shares of all the persons entitled under a policy. If an action is brought for the share of one or more infants entitled all the ''^'''"^^ other infants or the trustees, executors or guardians entitled to receive payment of the shares of such other infants shall be made parties to the action and the rights of all the infants shall be dealt with and determined in one action. The per- sons entitled to receive the shares of the infants may join with any adult person claiming shares in the policy. In all actions where gevieral persons are interested in the money the Court or judge shall apportion among the parties entitled any sum directed to be paid and shall give all necessary directions and, relief. CO., c. 49, s. 20. 21. No declaration or appointment affecting the insurance Notice to * ■*- . r~^ , insurance money or any portion thereof nor any appointment or revoca- company tion of a tnistee shall Be of any force or effect as respects the company until the instrument or a duplicate or copy thereof is deposited with the company. Where a declaration or in- dorsement has been heretofore made and notice has not been given the company may until they receive notice thereof deal with the insured or his executors, administrators or assigns in respect of the policy in the same manner and with the lik^ effect as if the declaration or indorsation had not been made. CO., c. 49, s. 21. 22. If the policy was effected and premiums paid by the in- f'^^^.f sured with intent to defraud his creditors the creditors shall be entitled to receive out of the sum secured an amount equal to the premiums so paid. CO., c. 49, s. 22. 23. Nothing contained in this Ordinance shall be held ur no^^^^^^^^ construed to restrict or interfere with the right of any person with^other to effect or assign a policy for the benefit of his or her father, as°si|nment, mother, husBand or wife or cEildren or some one of them in ^"'• any other mode allowed^by law. CO., c. 49, s. 23. 24. Where all the persons entitled to be benefitted whether s^-n^- -^^ by original insurance, by written declaration or instrument policy of variation or apportionment under any policy are of full 473 Cap. 49 INSURANCE FOB THE BENEFIT S. 24 age they and the person insured may surrender the policy or assign the same either absolutely or by way of security, 0.0.^ 0. 49, s. 24. Persons 26. Where any policy of insurance or written contract of life insurance or the declaration indorsed upon or attached to any policy of insurance to which this Ordinance applies whether such declaration has heretofore been or shall here- after be made provides that the policy shall be for the bene- fit of a person and in the event of the (^eath of shioh person for the benefit of another person such first mentioned person shall if living be deemed for the purposes of section 24 of this Ordinance the person entitled to be benefited under such policy. CO., c. 49, s. 25. entitled in succession 471 CHAiPTER 50. An Ordinance respecting Masters and Servants. fTHE Lieutenant Governor by and with the advice and consent ■^ of the Legislative Assembly of the Territories enacts as follows : [1. Every contract or hire of personal service shall be sub- Contracts of 1 I J -i • • (t 1 1 ■ /-w -1 • hiring- ject to the provisions of this Ordinance and if such contract is for any period more than one year it shall be in writing and signed by the contracting parties.] 1904, c. 3, s. 1. [2. Any person engaged, bound or hired whether as clerk, ^j^™„°'*"''' °^ journeyman, apprentice, servant, labourer or otherwise how- ^"™" soever, guilty of drunkenness or of absenting himself by day or night without leave from his proper service or employment or of refusing or neglecting to perform his just duties or to obey the lawful commands of his master or of dissipating his employer's property or effects shall be deemed guilty of a violation of his contract and upon summary conviction of one or more of the said violations forfeit and pay such sum of money not exceeding $30 as to the justice or magistrate seems meet together with costs of prosecution ; and in default of pay- Penalty ment thereof forthwith shall be imprisoned for any period not exceeding one month unless the fine imposed and costs to- gether with the costs of commitment and conveying such convicted person to the place of imprisonment be sooner paid.] J 904, c. 3, s. 2. [3. Any justice upon oath of any employee, servant o^rPro^^dings labourer complaining against his master or employer concern- ment of wages ing any nonpayment of wages (not exceeding two months wages the same having been first demanded) illusage or im- proper dismissal by such master or employer may summon the master or employer to appear before him at a reasonable time to be stated in the summons and the justice shall examine into the matter of the complaint whether the master or em- ployer ajppears or not; and upon due proof of the cause' of complaint the justice may discharge the servant or labourer from the service or employment of the master and may direct the payment to him of any wages found to be due (not ex- ceeding two months wages as aforesaid) together with costs of prosecution the same to be levied by distress and sale of the goods and chattels of such master or employer. (2) In the event of the said justice determining that the F"" *e=''\ servant or labourer has been improperly dismissed from the allowed service of the master or employer he may in addition to directing the payment to him of any wages found to be due 475 Gap. 60 MASTEES AND SEUVANTS S. 3 (2) Counterclaim by employer Papers to be transmitted to clerk of Court Clerk shall enter complaint as an action Procedure on trial Judgment Limit of time for instituting: proceedings Ordinance applies to contracts made outside Territories Civil remedy preserved (not exceeding two months wages as aforesaid) direct such master or employer to pay such servant or labourer such further amount as to him may seem reasonable but not exceeding in any event four weeks' wages at the rate at which he was being paid by his master or employer when improper- ly dismissed as aforesaid together with the costs of proseca- tion the same to be levied by distress and sale of the goods and chattels of such master or employer. (3) If upon the inquiry by the justice it is made to appear by the oath of the master or employer or some person ac- quainted with the facts that such master or employer would or might be entitled to a claim in a civil action by the com- plainant for the recovery of the wages claimeid to be due foi* services rendered or for improper dismissal or both by way of set off or counterclaim the justice shall not further inquire into the matter but shall forthwith transmit the information and other papers connected therewith to the clerk or deputy, clerk of the Supreme Court in whose district or sub judicial district respectively the matter arose. (4) The clerk or deputy clerk upon receipt of the said in- formation and papers shall immediately enter the complaint as an action under Order 47 of the Rules of Court and the in-- formation or complaint shall be considered a statement of claim and the statement under oath of the master or servant or other person of the dispute. (6) The clerk or deputy clerk shall thereupon forthwith submit the papers to the judge who shall fix a day for the trial of the said complaint and the procedure thereupon shall be the procedure provided by said Order 47. ^6) In the event of the judgment upon the trial by the judge being in favour of the complainant such judgment may be enforced by distress warrant or otherwise in the same manner as if it had been made by the justice before whom the com- plaint was laid.] 1904, c. 3, s. 3. [4. Proceedings may be taken under this Ordinance within three months after the engagement or employment has ceased or been terminated or within three months after the last in- stalment of wages under the agreement of hiring has become due whichever shall last happen.] 1904, c. 3, s. 4. [5. The provisions of this Ordinance shall be held to apply in the Territories to contracts and agreements made at any place outside the same.] 1904, c. 3, s. 5. [6. Nothing in this Ordinance shall in any wise curtail, abridge or defeat any civil or other remedy for the recovery of wages or damages which employers or masters may have against servants or employees or which servants or employees 476 S 7 MASTERS AND SERVANTS Cap. 60 £ niay have against their masters or employers.] 1904, c. 3, s. 6. 17. The term "master" or "employer" wherever used in "Master" ^ ^ *> or employer this Ordinance shall include a corporation as well as an in- dividual or partnership.] 1904, c. 3, s. 7. 477 CHAPTER 51. An Ordinance respecting the Legal Profession and the Law Society of the Territories. rr HE Lieutenant Governor by and with the advice and -*- consent of tbe Legislative Assembly of the Territories en- acts as follows : SHOST TITLE. Short title 1. This Ordinance may be cited as " The Legal Profession Ordinance." CO., c. 61, s. 1. INOORPOHATION OF LAW SOCIETY. Incorporation 2. "The Law Society of the North-West Territories" shall continue to be incorporated under that name and style and by that name shall have perpetual succession and may sue and be sued in any Court and have and use a common seal and be capable by law to make and receive all deeds, conveyances, assignments, and contracts necessary to carry into effect the provisions of this Ordinance and to promote the objects and designs of the said corporation. CO., c. 51, s. 2. MEMBEESHIP. Members 3. Thc f oUowiug pcisons shall compose and be the members of the said corporaton that is to say : All persons who on the fifteenth day of January, 1899, were enrolled as advocates of the Territories under any Ordinance in that behalf and all others who have since that date or who shall hereafter become entitled to practise as such advocates. CO., c. 51, s. 3. ROLL OF ADVOCATES. Roll of advocates i. The roll of advocates under the Ordinances respecting the legal profession in foTce prior to the fifteenth day off January, 1899, with the addition thereto of the. names of such persons who have since or who may hereafter become mem- bers of the society shall constitute the roll of membership ol the society and such roll shall be kept in the custody of the secretary. CO., c. 51, s. 4. ADMISSION OF ADVOCATES. Persons entitled to practise and be enrolled 5. In addition to the persons already enrolled as advocates as aforesaid the following persons and no others shall b^ admitted to act as advocates in the Territories and to practise 478 s. 5a LEGAL PROFESSION Cap. 61 at the bar in the Supreme or any other Court of civil jurisdic- tion in the Territories or to advise [or do or perforin any work or service] for fee or reward in matters pertaining to the law or sue out any writ or process or commence, carry on, solicit or defend any action or proceeding in any such Court : 1. Any British subject of the age of twenty-one years who, having been entered and admitted as a student of law in the law society of the Territories has been standing on the books thereof for five consecutive years or for three consecutive years if a graduate in arts or law o-f a recognized university in the United Kingdom or in Canada or a graduate of the Royal Military College of Canada, has conformed himself to the rules of the said society and been enrolled as a member thereof. ^. 2. Any person who has been duly called to the bar of England, Scotland, Ireland or -any of the provinces of Canada or who has been admitted to practise as an attorney, advocate or solicitor in any of Her Majesty's superior courts of law therein who produces sufficient evidence of such call or admis- sion and testimonials of good character and of good standirig in the law society of the country or province of which he is a barrister, attorney, advocate or solicitor to the satisfaction of the benchers of the law society of the Territories and who having complied with such rules as the law society of the Territories or the benchers thereof may make under the pro- visions of this Ordinance has been enrolled as a member ojf the said law society of the Territories : Provided that if an advocate. of the Territories on applying for call or admission as a barrister, solicitor, advocate or attorney in England, Scotland, Ireland or any such province would or might be required to pass any examination before such caU or admission it shall be competent for the law society o£ the Territories or the benchers thereof to impose a like requirement on the application of any person from such coun- try or province for admission as an advocate of the Territories : Provided further that if an advocate of the Territories on applying for call or admission as in the preceding proviso mentioned would be required to reside in or serve undei* articles in any such country or province for any certain period before call or admission the law society of the Terri- tories may require prior residence or service in the Territories for the like period on the part of any person from such coun- try or province applying for admission as an advocate. [5ffl. The law society may make rules and regulations for Admission of the admission as advocates of persons other than those fpS', mentioned in section 5 of The Legal Profession Ordinance provided that no such person shall be admitted unless he is a British subject and has been admitted to practise as a legal practitioner in some province, state or country and has passed such examination, if any, and served such time, if any, and 479 advocates in 1 cases Cap. 61 LEGAL PROFESSION 8. 5a paid such fees as the law society may prescribe.] CO., c. 51, s. 5; 1903, 2nd session, c. 14, s. 1; 1904, c. 4, s. 1. ADVOCATE S OATH. Advocate's oath 6. Every person before being admitted as an advocate shall make and subscribe the oath or affirmation following: I, A.B., do solemnly swear {or affirm) that I will well and truly and honestly demean myself as an advocate in the North-West Territories according to the best of my knowledge, skill and ability. So help me Qod. CO., c. 51, s. 6. VISITORS OF SOCIETY. Visitors 7. The judges of the Supreme Court of the North-West Territories shall be visitors of the society. CO., c. 51, s. 7. BENCHERS. Benchers 8. The said society shall be governed by the benchers there- of who (exclusive of ex officio members) shall consist of nine of the members of the society at least one of whom shall be chosen from the eligible persons resident in each judicial district of the Territories. CO., c. 51, s. 8. -c.v officio benchers 9. The Attorney General of Canada for the time being, me Attorney General of the Territories for the time being and all advocates of the Territories who have at any time held thai office of Attorney General of the Territories and any retired judge of the Supreme Court shall respectively ex oflicio be benchers of the society. CO., c. 51, s. 9. Benchers to hold office tor ■three years [10. The elected benchers shall hold office for three years from the first day of January following their election or until their successors are appointed.] 1900, C; 14, s. 1. Election to be on first Monday of November [11. Elections of benchers shall be held on the first Monday of November in the year 1900 and on the first Monday of November every third year thereafter.] 1900, c. 14, s. 2. Qualification of voters 12. Each duly enrolled advocate of the Territories resident therein and not otherwise ineligible may at an election of benchers vote for nine persons one of whom at least shall be chosen from the members in each judicial district respectively. CO., c. 51, s. 12. List of voters to be published 13. At least six weeks prior to the holding of the election the secretary shall make out a list of the advocates who ara entitled to vote at such election and a copy of such list shall be transmitted by post by the secretary to each clerk and deputy clerk of the Supreme Court and such clerk or deputy 480 s. 22 (1) LEGAL PROFESSION Cap. 51 4 clerk shall forthwith on the receipt thereof post such list in a conspicuous place in his office. CO., c. 61, s. 13. 14. In case any advocate complains to the secretary at correction least one month before the election, of the improper omission ° or insertion of any name on the list it shall be the duty of the secretary forthwith to examine into the complaint and rectify such error if any there be ; and in case any person is dissatisfied with the decision of the secretary he may within one week thereafter appeal to a judge of the Supreme Court who , shall summarily try and decide the questions involved and the list shall remain or be altered in accordance with the decision of the judge. CO., c. 61, s. 14. 15. No person whose name is not inserted in the said list betn'iisT"'' shall be entitled to vote at such election. CO., c. 61, s. ib. 16. In the event of any elector placing more than nine ^°''^ ''°*-^'' names on his voting paper it shall not "he counted. CO., c. 61, s. 16. 17. No person shall be eligible as a bencher at any election ^^^bendfers" who is not an advocate and qualified to vote at such election. CO., c. 51, s. 17. 18. At all elections retiring benchers shall be eligible for f^^^^^g re-election. CO., c. 61, s. 18. <=iieMe 19. No person shall be entitled to vote unless all his fees Jfave pSd lees to the society have been paid. CO., c. 61, s. 19. Manner ot votings 20. The votes at each election shall be given by closed vot- ing papers in form A in the schedule to this Ordinance (or to the like effect) being mailed by registered post to the secretary or delivered to him at his office so as to be in his hands on the day of election before the hour prescribed for opening the vot-- ing papers. CO., c. 61, s. 20. 21. The said voting papers shall at the hour of eleven Counting o'clock in the forenoon on the day of election be opened by the secretary in the presence of any of the persons entitled to vote who may attend ; and the secretary shall then scrutinize and count the votes and keep a record thereof. CO., c. 51, s. 21. 22. The following members shall be declared by the secre- p^^"™^^_.'^° tary to be elected benchers : elected 1. The member, receiving the highest number of the votes cast for the members residing in the judicial district wherein lie resides. 481 Cap. 61 LEGAL PROFESSION S. 22 (2) 2. Such of the persons, noi included in the above, receiving the highest number of the total votes cast at the election as may be necessary to complete the number of benchers to be elected. CO., c. 51, s. 22. Equality of votes 23. In case of an equality of \otes between two or more persons which leaveis the election of one or more of such benchers undecided then the secretary shall forthwith put into a ballot box a number of papers equal to the number of the candidates who have an equality of votes, the said papers each having the name of a candidate written thereon being one paper for each candidate. The papers shall be so folded that the name thereon shall be inside and not distinguishable with- out the papers being opened. The papers shall be mixed togetlier in the box and the secretary shall draw by chance from such ballot box in presence of such persons as may be present one or more of such papers sufficient to make up the required number and the persons whose names are upon such papers so drawn shall be such benchers. CO., c. 51, s. 23. Notice of election 24. The secretary shall forthwith after the election notify the benchers elect of their election and cause the names to be published in the gazette. CO., c. 51, s. 24. Rules for elections 25. The benchers may make such regulations as they con- sider expedient not contrary to the provisions of this Ordi- nance for regulating the procedure as to election of benchers. CO., c. 51, s. 25. Voting- papers to be preserved Disputed elections 26. The voting papers belonging to any election shall not be destroyed until after all petitions in respect to such election have been decided but the same shall together with all other papers in connection with the election be .retained by the secretary. CO., c. 51, s. 26. 27. In the event of any dispute as to the election of benchers the same may be decided in a summary way by any judge of the Supreme Court upon petition presented within ten days from the declaration of the result. The decision o^ the judge shall be final and the costs of the petition shall be in his discretion. The judge shall in and about such petitSon have the like powers as in an ordinary cause in the Supreme Court. CO., 0. 51, s. 27. False voting 28. No person shall sign the name of any other person to any voting paper under this Ordinance or alter or add to or falsify or fill up any blank in any voting paper signed by another person or deliver or cause- to be delivered to the secretary any such false voting paper or any voting paper which has been added to or falsified or in which any blank has been filled up after the same was signed. CO., c. 51, s. 28. 482 8. 32 (6) LEGAL PROFESSION Cap. 51 ( 29. In the event of there being no secretary (for the time l^°^^^°l{°' being) of the law society at the time at which any election secretary under this Ordinance is to be held or in the event of sucn secretary being unable from illness or other unavoidable cause to act at such election then and in such case the president fori the time being of the law society and if there be no president then the Attorney Geaieral of the Territories shall appoint under his hand some other person to act as such secretary ; and such person so appointed shall perform all duties of such secretary as prescribeid by this Ordinance. CO., c. 51, s. 29. 30. In case of failure in any instance to elect the requisite ^^^en^hers number of benchers according to the provisions of this Ordi- nance or in case of any vacancy caused by the death or resignation of any bencher or by any other cause the remain- ing or continuing benchers may appoint to the vacant place or places any person or persons duly qualified under the provisions of this Ordinance to be elected bencher or benchers and the person or persons so appointed shall hold office for the residue of the period for which the other benchers have been elected : Provided that any such vacancy shall be filled from among the persons eligible resident in the judicial district in wliich the bencher whose place has become vacant resided. CO., c- 61, s. 30. OFFICERS OF SOCIETY. 31. The officers of the society shall consist of a president,^ officers in vice president, secretary and treasurer. CO., c. 51, s. 31. benchers' powers. 32. The benchers may from time to time make rules and ^y^}f„^"^ by-laws : 1. For the government of the said society and other pur- poses connected therewith; 2. For regulating and prescribing the qualifications, man- ner of study and elxamination of students of law and the requirements preliminary to their being admitted as advocates and for regulating the admission and enrolment of advocates ; 3. For fixing the fees payable to the society for admission and enrolment of students of law and advocates respectively : Provided that the fee for admission and enrolment as an, advocate payable by any student at law in the Territories shall not exceed $100 ; 4. For fix;ing the fees payable annually by each advocate and for other fees incidental to the society; 5. For the striking off the roll and suspension from prac- tice of any advocate for nonpayment of fees due to the society '4^ Cap. 51 LEGAL PROFESSION s. 32 (5> and for the reinstatement of such advocate upon such terms as ' the benchers may see fit ; '' 6. For the reporting of legal decisions. CO., c. 61, s. 32. FUNDS OF SOCIETY. Fees, etc. 33. All fees, dues and subscriptions payable under the pro- visions of this Ordinance shall be the property of the society^ and shall be paid to the treasurer of the society. CO., c. 61, s. 33. Custody of funds 34. The funds of the society shall be deposited by the trea- surer to the credit of the society in a chartered bank and shall be withdrawn only by cheque signed by the treasurer and countersigned by the president of the society ox (in his absence from the Territories) by one of the benchers. CO., c. 51, s. 34. ff'fodft'"'^^ 35. The funds of the Eciety shall be disbursed and appro- priated under the direction of the benchers in payment at the- necessary expenses of the society. CO., c. 51, s. 36. Purchase of libraries Borrowing powers 36. Subject to the approval of the visitors of the society the benchers may expend such portion of the funds of the society as are not required for the ordinary purposes thereof in the establishment of or addition to law libraries for the general use of the members at such points in the Territories as they may deem proper. No. 21 of 1898, s. 36. [(2) The benchers may also pass by-laws from time to time providing for the borrowing of money at a rate of interest not exceeding six per cent, per annum for the purpose of the establishment of or addition to law libraries for the general use of the members at such points in the Territories as they may deem proper; and for the issuing of debentures (with coupons attached for the instalments payable thereunder) for the amount proposed to be borrowed with interest as afore- said: Provided that the amounts borrowed under the provisions of this subsection shall at no time exceed in the aggregate the sum of $15,000 and that the same shall be made repayable in consecutive annual instalments, either in such manner that an equal amount of the principal together with the total inter- est on the principal or balance of principal remaining due shall be payable in each year of the period during which the debenture is to run or in such manner that the aggregate amount payable for principal and interest in any year' shall be equal (as nearly as may be) to what is payable for prin- cipal and interest during each of the other years of such period ; 484 S. 3s LEGAL PROFESSION Cap. 61 3 And provided that the period during which the 'debenture is to run shall not exceed twenty years from the date of the debenture. (3) No by-law passed under the provisions of the next preceding subsection shall be valid unless and until it shall have been assented to in writing by a majority of the visitors of the society for the time being; and such assent shall be conclusive evidence that all the formalities necessary to the passing of such by-law have been complied with ; and that the loan proposed to be made under the authority thereof is one which the society may lawfully make. (4) Every debenture issued under the foregoing provisions shall constitute a specific charge upon all the law libraries owned by the| society at the time of the issue thereof or thereafter acquired and upon the gross annual income of the society received from members of the society for annual certificates. (5) Such debentures shall be under the common seal of the society and shall be signed by the president or vice president and the treasurer of the society. (6) No purchaser of any such debentures shall be bound to inquire as to the application of the money borrowed thereon. (7) Any municipality may invest by the purchase of any of such debentures any part of the moneys held by it to the credit of a sinking fund account which it can lawfully invest by the purchase of Dominion Government securities, school or municipal debentures; and any trustee, executor or adminis- trator may invest by the purchase of any such debentures any part 'of the moneys in his hands which he can otherwise lawfully invest.] CO., c. 61, s. 36; 1901, c. 18, s. 1. DISCIPLINAHY. 37. All advocates shall be officers of the Supreme and other Advocates civil courts of the Territories ; and the Supreme Court and any courr ° judge thereof shall possess and may exercise the same powers and jurisdiction over and in respect of such advocates as at the time of the passing hereof is possessed by the Supreme Court of Judicature in England over and in respect of solici- tors of the said last mentioned Court. CO-, c. 51, s. 37. 38. No advocate shall wilfully and. knowingly act as the Assisting.^^^ professional agent of any person not duly enrolled and quali- p^^^jj?^^'° fied to act as an advocate or suffer his name to be used in any such agency on account of or for the profit of an unqualified person or send any process to such person or do any other act to enable such person to practise in any respect as an ad- vocate, knowing him not to be duly qualified. CO., c. 51, s. 38. 485 Cap. 51 LEGAL PROFESSION s. 38a Nonresident ■advocates [38a. No advocate not being a resident of the Territories shall ask for, demand, receive or take directly or indirectly any moneys by way of advocates' fees, counsel fees, solicitors' fees, notarial fees, conveyancers' fees, agency fees, division of fees, commission, previous or subsequent allowance or deduc- tion or otherwise for any work done or services rendered by or in the name of any advocate resident in the Territories ; and for the purpose of this section the act of any partner or employee of any advocate not being a resident of the Terri- tories shall be deemed to be the act of such advocate.] 1904, c. 4, s. 2. Suspension and dis- qualification of advocates 39. If upon application at the instance of the benchers or any person concerned and supported by affidavit made to a judge it shall prima facie appear that an advocate has been guilty of professional misconduct or of conduct unbecoming an advocate or for default by him in payment of moneys re- ceived by him as an advocate or has been guilty of such mis- conduct as would in England be sufficient to bring a solicitor under the punitive powers of the Supreme Court of Judicature or has been guilty of any breach of the provisions of this Or-' dinance or of any rule or by-law passed under the provisions hereof the judge shall by summons call upon such advocate to answer the facts and upon the return- of the summons hear the complaint and advocate and any evidence adduced by them; and if the judge finds the complaint well founded he may direct that such advocate be suspended and disqualified from practising as such until the end of the then next sittings of the Court en hanc ; and in the event of making such order shall report the evidence and proceedings on such application and his judgment thereon to the Court en banc at such sit- tings and the Court en banc shall thereupon consider such evidence and proceedings and may hear the parties or their counsel in the same manner as if such application had orig- inally been made to the Court en banc and may order that the name of such advocate be struck off the roll of advocates or may suspend such advocate from practising for such period as may be considered proper: Provided that the judge instead of directing the suspension and disqualification to practice of such advocate as aforesaid may refer the matter to be dealt with by the Court en banc at its next sitting. CO., c. 51, s. 39. Notice of proceedings agfainst advocates 40. In case either a report or reference is made to the Ooart en banc under the preceding section or in case an application is made to the Court en banc to strike an advocate off the roll or to suspend him from practising, such Court or a judge (before such report, reference or application to strike off is heard or dealt with) may order that notice of the proceedings be given by the applicant to the secretary of the society and to such other person or persons as the Court or judge may 486 S. 44 LEGAL PROFESSION Cap. Bl 10 think proper; and the person or persons so notified may appear in person or by advocate on such application. CO., c. Bl, s. 40. 41. Whenever any advocate is struck off the roll of advo^ Notice of »' , suspension cates or suspended irom practising the registrar of the or striking Supreme Court or the clerk of the Court (if the suspension is ° by a single judge) shall certify the same under his hand and the seal of the Court to the secretary of the society who. shall file such certificate and shall make a note opposite the namei of such person on the said .roll of his having been struck off the same or suspended (as the case may be) and, in case oP suspension, of the time of such suspension. CO., c. Bl, ti. 41. [41a. Any advocate who has been convicted of a i^^o^Y con^t of may be struck off the roll of advocates or suspended from f<='ony practice by resolution of the benchers.] 1904, c. 4, s. 3. 42. Upon an advocate being struck off the roll as aforesaid ^'''^'''„°?,„ ^^^ £ill his rights and privileges as an advocate shall cease and determine or in case he is suspended he shall during the period of his suspension possess no rights or privileges as an advocate and notice of his being struck off the roll or sus- pended shall forthwith be given by the secretary to the judgefe of the Supreme Court. CO., c. Bl, s. 42. 43. The Supreme Court en banc may on application made ^f^Xo^^t™"" for that purpose and when in the opinion of such Court the subsequent conduct of the advocate and the facts warrant it order the name of any advocate struck off the roll to be rei- stored thereto upon such terms as to the payment of money or otherwise as the Court may direct ; and in such case the regis- trar shall certify the same under his hand and the seal of the Court to the secretary of the society who shall file such cer- tificate and make a note opposite the name of such person on the said roll of his having been restored thereto. (2) Notice of such application shall be given to the secretary ^"'ff^^^^^for of the society and such other person or persons as the reinstatement Court or a judge on ex parte application may direct and the persons so notified may in person or by advocate appear and oppose or consent to such application : Provided that before being entitled to be restored to the roll hereunder such person whose name is sought to be restored shall pay all arrears of fees due by him to the society includ- ing fees for the period which has elapsed since he. was struck off the roll. CO., c. 81, s. 43. 44. Whenever a person being a student serving under student^guiity articles shall be found by the benchers after due inquiry to conduct have been either before or after the coming into force of this Ordinance guilty of professional misconduct or conduct unbe- 487 11 Ca,p. 61 LEGAL PROFESSION S. 44 coming a student of law [or of having contravened any of the provisions either of this Ordinance or of any amending Ordi- nance] it shall be lawful for the benchers to strike the name of such student from the books of the society ; but any decision of the benchers to so strike off the name of any studem snail be subject to appeal to a judge of the Supreme Court. CO., c. 51, s. 44; 1899, c. 8, s. 3. Unauthorized persons practising 45. In case any person (unless himself a plaintiff or defen- dant in the proceeding) commences, prosecutes or defeuas in his own name or that of any other person any action or pro- ceeding in any court of civil jurisdiction in the Territories or acts as counsel or advocate in any such action or proceeding without being enrolled as aforesaid he shall be incapable oS recovering any fee, reward or disbursement on account there- of; and such person shall be deemed guilty of a contempt of the court in which such proceeding has been commenced, car- ried on or defended and punished accordingly and the party offendine may be proceeded against for such contempt before the Supreme Court en banc or any judge thereof sitting in chambers. CO., c. 51, s. 45. I^t^!!la!i°oc^^e t*^*^- ^^y person who wilfully or falsely pretends or holds himself out to be an advocate of the Territories duly enrolled as aiforesaid, or takes, assumes or uses any name, title, addi- tion or description other than such as he actually possesses and is legally entitled to or implying or calculated to lead people to infer that he is an advocate so duly enrolled, or that he is recognized by law as an advocate or lawyer qualified and entitled to practise or do business as such within the Ter- ritories, or in any way publishes or advertises himself as such, shall be guilty of an offence and on summary conviction thereof shall be liable to a penalty not exceeding $100.] 1899, c. 8, s. 5. proceedings"* 4:6. The beuchers may institute or authorize the institution by benchers ^f ^uy procecdings under this Ordinance for any breach of its provisions. No. 21 of 1898. s. 46. .WoflcSlfs [46a. In any prosecution under this Ordinance or an.y amending Ordinance the burden of proof as to enrolment and ([ualificatioTi under this Ordinance shall be upon the person accused-] 1899, c. 8, s. 6. Disposition [46b. All penalties imposed and recovered under this Ordi- nance or any amending Ordinance shall belong to the law society and form part of the funds thereof.] 1899, c. 8, s. 7. 488 S. 60 LEGAL PROFESSION Cap. 61 12 [students]. [46c. The benchers of the society may grant to any person g^nt'sutus"'' (possessed of educational qualifications equal to those required ^'^ student m of a student of law in the Territories on his enrolment as "" "'" """^ such) who has been actually engaged in the study of law in} any other part of Her Majesty's dominions, a status as a student of law in the Territories but not greater than his status in the country in which he had previously been a student of law and on such conditions as to undergoing examinations as the benchers may in^each case decide.] 1899, c. 8, s. 4. Delivery and taxation of bills of costs. 47. No advocate nor any executor, administrator or assig- °|J'J47g.f yit nee of Skuy advocate shall commence or maintain any action ''=f°''= »'^''°" or suit for the recovery of any fees, charges or disFursementb for any business done by an advocate as such until the expir- ation of one month after such advocate, his executor, admin- istrator or assignee shall have delivered unto the party to be charged therewith or sent by the post or left for him at his ' house, office of business or last known place of abode, a bill of such fees, charges and disbursements, which bill shall either be subscribed with the proper hand of such advocate or of his executor, administrator or assignee (or in case of a partnership by one of the partners either with his own name or with the name or style of such partnership) or be inclosed in or accompanied by a letter subscribed in like manner referring to such bill. CO., c. 61, s. 47. 48. Upon the application of the party chargeable by such Taxation of bill within such month the Supreme Court or a judge thereof one month shall (without money being brought into court) refer the bill and the demand thereon to be taxed by the proper officer of the court for the judicial district in which any of the business charged for in the bill was done and the Court or judge mak- ing such reference shall restrain the bringing any action for such demand pending the reference. CO., c. 51, s. 48. 49. In case no application is made within such month then Taxation the Court or judge upon the application of either party may order a reference with such directions and conditions as he may deem proper; and may upon such terms as may be thought just restrain any action for such demand pending the reference. CO., c. 51, s. 49. 50. No such reference shall be directed upon application Taxation • n T 1 Ml J?j. • 1 J. after one year- made by the party chargeable with such bill alter a judgment or after has been obtained or after twelve months from the time such ^"'*^'"^°' bill was delivered, sent or left as aforesaid except under special circumstances to be proved to the satisfaction of the 489 18 Gap. 61. LEGAL -PKOFESSION 50 Court or judge to whom the application for the reference is made. CO., c. 61, s. 50. Ex parte taxation 51. In case either party to such reference having due notice refuses or neglects to attend the taxation the officer to whom the reference is made may tax the bill ex parte; and in case' the reference is made upon the application of either party and the party chargeable with the bill Etttends the taxation the costs of the reference shall, except as hereinafter provided f or^ be paid according to the event of the taxation, that is to say, if a sixth part is taxed off the costs shall be paid by the party by whom or on whose behalf such bill was delivered and if less than a sixth part is taxed off then by the party ciiarge- able with such bill if he applied for or attended the taxation. CO., c. 61, s. 61. Order for reference Special circumstances -Costs Delivery of bill and -documents Proof of delivery of bill 52. Every order for such reference shall direct the officer to whom the reference is made to tax the costs of the reference and to certify what upon the reference he finds to be due to or from either party in respect of such bill and of the costs of the reference if p'ayable. C.O., c. 51, s. 62. 53. Such officer may certify specially any circumstances relating to the bill or taxation and the Court or judge may thereupon make such order as may be deemed right respecting the payment of the costs of taxation. CO., c. 61, s. 53. 54. In case' the reference is made when the same is not authorized except under special circumstances as hereinbefore provided the Court or judge in making the same may give any special directions relative to the costs of the referencfe. CO., c. 61, s. 64. 55. Where no bill has been delivered, sent or left as afore- said and where the bill if delivered, sent or left might have been referred as aforesaid the Supreme Court or a judge there- of may order the delivery of a bill and may also order the delivery up of deeds or papers in the possession, custody or power of the advocate, his assignee or representatives in the same manner as has heretofore been done in cases where any such business had been transacted in the said court. CO., c. 51, s. 66. 56. In proving a compliance with this Ordinance it shall not be necessary in the first instance to prove the contents of the bill 'delivered, sent or left but it shall be sufficient to prove that a bill of fees, charges or disbursements subscribed in the manner aforesaid or inclosed in or accompanied by such letter as aforesaid was delivered, sent or left in manner afore- said ; but the other party may show that the bill so delivered, sent or left was not such a bill as constituted a bona fide com- pliance with this Ordinance. CO., c. 51, s. 56. 490 B. 63 LEGAL PROFESSION Cap. 61 14 57. A judge of the Supreme Court on proof to his satisfac- ^^^j^^''^^'* tion that there is probable cause for believing that the party advocate's bin chargeable is about to quit the Territories may authorize an • advocate to commence an action for the recovery of his fees), charges or disbursements against the party chargeable there- with although one month has not expired since the delivery of a bill as aforesaid. CO., c. 51, s. 57. 58. Where any person not being chargeable as the princi- Jpp'S-'JXn" pal party is liable to pay or has paid any bill either to the °^p^p°r °°*' advocate, his assignee or representative or to the principal party chargeable therewith, the person so paying, his assig- nee or representative may make the like application for a reference thereof to taxation as the party chargeable there- with might himself have made and in like manner; and the same proceedings shall be had thereupon as if the application had been made by the party so chargeable. CO., c. 61, s. 68. 59. . In case such application is made when under the pro- f,?cumstances visions hereinbefore contained a reference is not authorized to be made except under special circumstances the Court or judge to whom the application is made may take into con- sideration any additional special circumstances applicable to the person making it although such circumstances might not be applicable to the party charegable with the bill if he was the party making the application. CO., c. 51, s. 59. 60. For the purpose of such reference upon the application ^f^^"^ of the person not being the party chargeable or of a party interested as aforesaid the Court or judge may order the advo- cate, his assignee or representative to deliver to the party making the application a copy of the bill on payment of the costs of the copy. CO., c. 51, s. 60. 61. No bill previously taxed shall be again referred unless Reuxation under the special circumstances of the case the Court or judge to whom application is made thinks fit to direct a retaxation thereof. CO., c. 61, s. 61. 62. The payment of any such bill as aforesaid shall in no pay^m^n" case preclude the Court or judge to whom application is made from referring such bill for taxation if the application is made within twelve months after payment and if special v.ir- cumstances in the case in the opinion of the Court or judge appear to require the same, upon such terms and subject to such directions as to the Court or judge seem right. CO., c. 61, s. 62. 63. All applications made to refer any bill to be taxed or p'>;Jee°ding for the delivery of a bill or for the delivery up of deeds, documents and papers shall be made "In the matter of (such 491 15 Cap, 51 LEGAL PROFESSION Sched. pa"ymei°* advocatc) ;" and upon the taxation of any such bill the cer- tificate of the officer by whom the bill is taxed shall unless set aside or altered by order of a judge or by decree or order oifl Court be final and conclusive as to the amount thereof; and payment of the amount certified to be due and directed to be paid may be enforced according to the practice of the sai(J court. CO., c. 61, s. 63. incfudesYukon [63a. Wher6v©r in this Ordinance the word "province" is used it shaJl be taken to include the Yukon Territory]. 1904, c. 4, s. 4. SCHEDULE. FOEM A. Voting Pa er. law society of the north-west territories. Election of benchers, 1 I) of in the North-West Territories, advocate, do hereby declare : 1. That the signature hereto is my proper handwriting; 2. That I now reside at 3. That I vote for the following persons as benchers ot the Law Society : ^■B., of the C-D., of the E.F., of the G-H., of the J-J^; of the L.M. of the ^•0. of the PQ- of the R-S; of the 4. That I have signed no other voting paper at this election; 5. That this voting paper was executed on the day of the [ate thereof. Witness my hand this day of A.D. 492 CHAPTER 52. An Ordinance respecting the Medical Profession. 'fTHE Lieutenant Governor by and with the advice and consent -*- of the Legislative Assembly of the Territories enacts as follows : SHORT TITLE. 1. This Ordinance may be cited as "The Mediccul Profession short title Ordinance." CO., c. 62, s. 1. COLiLiKGE OF PHYSICIANS AND SURGEONS. 2. The College of Physicians and Surgeons of the North- ^'thc Coiiege West Territories as constituted under and by virtue of Ordi- and slrgeonV nance No. 5 of 1888 and amending Ordinances and as dxist- ing at the time of the coming into force of this Ordinance is hereby continued and the members of the said college and all persons hereafter registered members of the said college under the provisions of this Ordinance shall be a body corporate under the name oif "The College of Physicians and Surgeons of the North-West Territories" and shall have perpetual suc- cession as hereinafter provided and a common seal with pow- er to acquire, hold and dispose of chattel property and real estate for the purposes of this Ordinance and to sue and be sued. CO., c. 52, s. 2. COUNCIL OF COLLEGE. ELECTION OF MEMBERS. 3. There shall be a council of the said College of Physicians Thecouncu and Surgeons of the North- West Territories to be appointed in the manner hereinafter provided for and hereinafter refer- red to as the Council. CO., c. 52, s. 3. 4. The persons entitled to vote at elections of members of voters for the council shall be persons registered as medical practition- '=°""'=" ers in pursuance of this Ordinance. CO., c. 52, s. 4. 5. No person shall be eligible to be elected' a member of the Members of council unless he be registered in pursuance of this Ordi- """"" nance. CO., q. 62, s. 5. 6. The number of persons to be elected as members forming Five members the said council shall be five and the mode of election shall Election be' by voting papers as hereinafter mentioned. CO., c. 52, s. 6. 7. The charge and conduct of the elections for members of Elections for the council ghall be under the management of the registrar of ™""'^" the council and such elections shall be held at such time and 493 Cap. 62 MEDICAL PROFESSION 8-7 place as may be determined on by the council. CO., c. 52^ s. 7. Votes 8. Every person entitled to vote may vote for five persons. CO., c. 52, s. 8. Method of voting- 9. Such votes shall be given by closed voting papoits to be mailed to each registered practitioner by the registrar at least one month prior to the day of the election, in the form A in the schedule to this Ordinance or to the like effect signed by the voter and delivered to such registrar on any of ihe twenty days preceding the day of election. Any voting papers delivered to the registrar by post during the respective times aforesaid shall be deemed delivered to him. CO., c. 62, s. 9. Scrutineers Count of votes 10. The council shall appoint two persons who togetheir with the registrar shall act as scrutineers at the election. On the day succeeding the day of election the voting papers shall be opened by the registrar in the presence of the other scrutineers who shall scrutinize and count the votes and keep a record thereof in a proper book to be provided by the said council. CO., c. 52, s. 10. Members elected Term 11. The five persons who have the highest number of votes shall be the members of the council for the four years follow- ing the date of such election and until their successors are ap- pointed. CO., c. 62, s. 11. Voters may be at count 12. Any person entitled to vote at any election shall be en- titled to be present at the opening of the voting papers at such election. CO., c. 52, s. 12. Equality of votes 13. In case of an equality of votes between two or more persons which leaves the election of one or more of the mem- bers of the council undecided the scrutineers shall forthwith put into a ballot box a number of papers with the names of the candidates having such equality of votes written thereon one for each candidate and the registrar in the presence o^ the scrutineers shall draw by chance ftom such ballot box one or more of such ballot papers sufficient to make up the t& quired number and the persons whose names are upon such papers so drawn shall be members of such council. CO., c. 62, s. 13. Fees to be paid Eligibility Votes for ineligible person 14. No person shall be entitled to vote at such election un- less all his fees to the [college] shall have been paid. No person shall be eligible for election unless qualified to vote at such election and any votes oast for any person who is ineligible to be elected a member shall be null and void and the election shall be declared as if such votes had not been cast. CO.. 0. 62, s. 14; 1903, 1st session, c. 12, s.'l. 494 s. 20 MEDICAL PROFESSION Cap. 52 3 16. In the event of any person placing more than five ^°''"K.*°''„ ^ , , X more than live names on his voting paper the first five shall be taken, [but of such five names only those shall be counted that are the names of persons who are eligible for election under section 14 of this Ordinance.] CO., c. B2, s. 15; 1903, 1st session, c. 12, s. 2. 16. The registrar shall one month prior to the day on List of which the election is to be held make out an alphabetical list ?ntiti'ed°to%ote or register of the medical practitioners who are entitled to vote at the election th^en about to be held and such register may then be examined at all reasonable times. In case any Seiefo'""' medical practitioner entitled to vote complains to the regis- trar in writing of the improper omission or insertion of any name in the said list it shall be the duty of the registrar forth- with to examine into the complaint and rectify such error if any there be; and in case any person is dissatisfied with the Appeal to decision of the registrar he may appeal to a judge of the^" ^^ Supreme Court provided that such appeal be lodged with the judge at least ten days before the day on which the election is o^appel"^* to be held; and such judge shall hear and decide the appeal in a summary way and he may if he deem it necessary direct ' that such notice of the time and place for hearing the appeal as he may prescribe shall be given to such person as he may specify ; and if it is necessary to hear evidence in such appeal it may be given viva voce under oath or by affidavit as the judge directs; and the decision of such judge shall be final and the list shall remain or be altered in accordance with such decision. CO., c. 52, s. 16. 17. The list or reefster so made out shall be held to be the voters' list o ^ conclusive register of persons entitled to vote at the next election and no person shall be entitled to vote whose name is not upon such register. CO., c. 52, s. 17. 18. The members of the council may make such regulations Election as they consider expedient not contrary to the provisions oi "^" this Ordinance for regulating the procedure and In respect o& such elections. CO., c. 52, s. 18. 19. The voting papers belonging to any election shall not preservation be destroyed until after all petitions in respect to such elec- plpifs""" tion have been decided but the same together with all other papers in connection with the election shall be retained by the registrar. CO., c. 52, s. 19. 20. No petition against the return of any member shall be Petition entertained unless such petition be filed with the registrar ofi ofmembifr"™ the council within sixty days after the election and shall con- tain a statement of the grounds on which such election is dis- puted and unless a copy of such petition is, served upon the 495 Cap. 52 MEDICAL PROFESSION s. 20 Election doubted or disputed Inquiry Vacancies in council, how supplied member whose election is disputed within sixty days of the date of election. CO., c. 52, s. 20. 21. In case of any doubt or dispute as to the legality of the eleiction of any member of the council it shall be lawful fotr the council to hold an inquiry and decide who is the legally elected member of the council ; and the person whom they de- cide to have oeen elected shall be and be deemed to be the member legally elected; and if the election is found to be illegal the council shall have power to order a new election. CO., c. 52, s. 21. 22. In tne case oi me 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 resignation of any member of the council or by any other cause then ilt 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 accord- ing to the provisions of this Ordinance to be elected as a mem- ber or members of the council. CO., c. 52, s.,22. PRESIDENT AND OFFICERS. MEETINGS OF COUNCIL. Officers Salaries Examiners' fees Executive committee Meetings of council Reg:ulations 23. 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 Ordi- nance who shall hold office during the pleasure of the coun- cil ; and the said council shall have power to fix by by-law or from tioae to time the salaries or fees to be paid to such officers and to the board of examiners hereinafter mentioned. CO., c. 52, s. 23. 24. The council shall appoint annually 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 committee shall have no power to alter, repeal or suspend any by-law of the council. CO., c. 62, s. 24. 25. The council may make such rules and regulations as to the times and places of the future meetings of the council and the mode of summoning the same as to the councir seems ex- pedient, which rules and' regulations shall remain in force un- til altered at any subsequent meeting and in the absence of any rule or reguliiti(jn as to summoning meetings of the coun- cil it shall be lawful for the president thereof or in the event of his absence or death, for the registrar to summon the same ' at such time and place as to him seems fit by circular letter to be mailed to each member. 496 s. 29 (b) MEDICAL PROFESSION Cap. 52 (2) In the event of the absence of the president from any meeting the vice-president or in his absence some other mem- ber 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. CO., c. 52, s. 25. 26. There shall be paid to members of the council such fees Fees and for attendance and such reasonable travelling expenses as ^"eSr^ °*^ may from time to time be fixed by by-law passed by the said°^™"""' council. CO., c. 52, s. 26. REGISTRATION. 27. The council shall cause to be kept by tho registrar a Register of book or register in which shall be entered the name of every peKon'f person registered according to the provisions of this Ordinance and from time to time the names of all persons who have complied with the enactments hereinafter contained and with the rules and regulations made or to be made by the council respecting the qualifications to be required from practitioners of medicine or surgery in the Territories and those persons only whose names are inscribed in the book or register above mentioned shall be deemed to be qualified and licensed to> practise medicine or surgery in the said Territories except as hereinafter provided and such book or register shall at all times be open and subject to inspection by any person. CO., 0.52,8.27. 28. It shall be the duty of the registrar to keep his register f^gf^''^ correct in accordance with the provisions of this Ordinance and the rules, orders and regulations of the council and he shall from time to time make the necessary alterations in the addresses or qualifications of the persons registered ander this Ordinance and the said registrar shall perform such other duties as may be imposed upon him by the council. CO., c. 52, s. 28. 29. The council shall admit upon the register — Persons entxtled to (a) Any person possessing a diploma from any college in -^^---j^"^ Great Britain and Ireland (having power to grant such diploma entitling him to practise medicine or surgery and who shall produce such diploma and furnish satisfactory evi- dence of identification : (b) Any member of any incorporated college of physicians and surgeons of any province of the Dominion of Canada exercising powers similar to those conferred by this Ordi- nance upon the college of physicians and surgeons of the North-West Territories; Y 497 Cap. 52 MEDICAL PROFESSION 29 (Cj Appeal to judg-e for refusal to reg'ister (c) Any person who shall produce from any college or school of medicine and surgery [recognized by the council of the college of physicians and surgeons of the North-Weelt Territories] a certificate or certificates that he has taken a four years' course of lectures and a diploma of qualification from such recognized college or school : Provided that the applicant shall furnish to the L^uncil satisfactory evidence of identification and pass before the members thereof or such examiners as may be appointed for the purpose a satisfactory examination touching his fitness and capacity to practise as a physician and surgeon and pro- vided that every applicant for such examination shall pay to the registrar of the College of Physicians and Surgeons of the North-West Territories the sum of $50 towards defraying the expenses of the examining board ; [(d) Any applicant for registration under this section whose application is refused may apply to a judge of the Supreme Court for an originating summons directed to the council to show cause why he should not be registered and upon the return of such summons the judge may make an order confirming the refusal of the council or directing the council to register the applicant and. may make such order as to costs as to him shall seem just.] CO., c. 52, s. 29; 1900, c. 15, ss. 1 and 2; 1903, 2nd sesson, c. 15, s. 1. Homoeopathic physicians 30. HomcBopathic physicians may be registered under 'his Ordinance on complying with the terms mentioned in ^^ction 29 hereof. CO., c. 52, s. 30. Admission by registrar 31. The council may by by-law delegate to the registrar power to admit to practise and to register any person naving the necessary qualifications entitling him tc be registered by such council. CO., c. 52, s. 31. Erasure from register 32. The council may at any time direct the name of any person improperly registered to be erased from the register and such name shall be erased by the registrar. CO., c. 52. s. 32. [Dominion regfistration to be accepted for Territorial reg-i strati on] [32a. Whenever there is established under the Act ol the Parliament of Canada known as The Canada Medical Act 1902 or any act in amendment thereof a Eegister for Canada of Medical Practitioners under the control of the Medical Council appointed or elected pursuant to the provisions of the aforesaid act or acts then notwithstanding anything in this Ordinance contained any person duly registered in the said Medical Eegister for Canada as a medical and surgical prac- titioner shall be deemed qualified and entitled to be registered in the Medical Eegister of the North- West Territories as a duly qualified medical and surgical practitioner and such person and no other shall be registered and such registration 498 s. 36 MEDICAL PROFESSION Cap. 52 dhall be made upon production of a certificate under the nand of the Eegistrar of the said Medical Council for Canada certi- fying that such person is duly registered in the said Medical Register for Canada, and upon satisfactory proof of tflie identity of such person ; provided that such person may be re- quired to pay such fee for such registration in the Territories as the Medical Council for the Territories may impose in that behalf and provided that the provisions of this section shall iiot apply to or affect any person duly registered under the said Ordinance at the time The Canada Medical Act J 902 becomes operative.] FEES. 33. The fee for registration under any section of this Ordi- Registration nance shall be $50. CO., c. 52, s. 33. 34:. Each member shall pay to the registrar or to any per- Annual ^ iJ o J X membership son deputed by the registrar to receive it, such annual fee as fee may be determined by by-law of the council [not exceeding] $2 towards the general expenses of the college which last men- tioned fee shall be payable on the first day of January in each year ; and such fee shall be deemed to be a debt due by each member of the college and shall be recoverable with the costs of suit in the name of the College of Physicians and Surgeons of the North- West Territories : Provided that the council may in any case in which it deems expedient remit any annual fees due to the college by, iiny member who is or has been resident out of the Territories during the period in respect of which such fees became due. CO., c. 62, s. 34; 1903, 1st session, c, 12, s. 3. GENERAL POWERS OF COUNCIL. 35. The council shall from time to time as occasion may re- ^^Xl' ° quire make orders, regulations or by-laws for regulating thej «|^t-and^ register to be kept under this Ordinance and shall from time to time make rules and regulations for the guidance of the examiners and may prescribe the subjects and modes of examination and generally make all such rules and regulations in respect of examinations not contrary to the provisions of this Ordinance as the council may deem expedient and neces- sary. CO., c. 52, s. 35. 36. The council may from time to time make, alter or General rules 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 knowledge and the dis- position of the funds of the council, provided such rules and regulations be not repugnant to the provisions of this Ordi- nance. CO., c. 52, s. 36. 499 8 Cap. 52 MEDICAL PHOPESSION s. 37 CENTKAL EXAMINING BOARD. Central examining^ board 37. The council shall have power to establish conjointly with the council or councils of any college or colleges of physicians and surgeons incorporated under any act of the legislature of any province of Canada and possessing powers similan to those conferred on the College of I*hysicians and Surgeons of the North-West Territories a central examining board and to delegate to such board all powers possessed by the said council respecting the examination of candidates for admission to practise medicine and surgery: Provided that such power shall not be exercised unless the persons passing any examination of such central examining pective councils in other respects be entitled to registration as board shall on complying with the laws and rules of the res- legally qualified medical practitioners in the provinces whose councils m,ay have conjointly with the said cotuncil establish- ed such central examining board : Provided that any examinations conducted by such cen- tral examining board shall be held in at least one place with- in the Territories simultaneously with such examinatons held in any province. CO., c. 52, s. 37. DISCIPLINARY. Misconduct of rcpistered practitioner 38. If any registered medical practitioner shall be convict- ed of any indictable offence or shall after due inquiry ba judged by the council to have been guilty of infamous con- duct in any professional respect, such council may if it sees fit direct the registrar to erase the name of such practitioner from the register and the name of such person shall be erased by the registrar from the register. CO., c. 52, s. 38. Inquiry 39. The council may and upon the application of any three registered medical practitioners shall cause inquiry to be made into the case of a person alleged to be liable to have his name erased under the preceding section and on proof of such coni- viction or infamous or unprofessional conduct shall cause the name of such person to be erased from the register : Provided that the name of a person shall not be erased under this or the last preceding section on account ofl his adopting or refraining from adopting the practise of any par- ticular theory of medicine or surgery nor on account of a conviction for a political offence out of Her Majesty's do- minion nor on account of a conviction for an offence which though within the provisions of the last preceding section ought not in the opinion of the council or the committee here^ inafter named either from the trivial nature of the offence or from the circumstances under which it was committed, to disqualify a person from practising medicine or surgery. CO., c. 52, g. 39. 500 s. 46 MEDICAL PROFESSION Cap. 52 40. The council may order to be paid out of the funds at '^""'^ their disposal such costs as may to them seem just to any per- son against whom any complaint has been made whicJi when finally determined is found to have been frivolous and vexa- tious. CO., c. 52, s. 40. 41. Where the council direct the erasure from the register of'nLme '°" of the name of any person or of any other entry the name of that person or that entry shall not be again entered on the register except by the direction of the council or by the order of a judge of the Supreme Court. CO., c. 62, s. 41. 42. If the council think fit in any case they may direct the registrar to restore to the register any name or entry erased therefrom either without fee or on payment of such fee, not exceeding the registration fee, as the council may fix and the registrar shall restore the same accordingly. CO., c. 52, s. 42- 43. The council shall for the purpose of exercising in any onn^Vr case the powers of erasing from and restoring to the register the name of any person or any entry, ascertain the facts of such case by a committee of their own body not exceeding five in number of whom the quorum shall be three; and a written report of the committee may be acted upon as to the facts therein stated for the purpose of the exercise of the said powers by the council. CO., c. 52, s. 43. 44. The council shall from time to time appoint and shall always maintain a committee for the purposes prescribed in the last preceding section and subject to the provisions of this Ordinance may from time to time determine the constitution and the number and tenure of office of the members of such committee. CO., c. 52, s. 44. 45. The committee appointed under the preceding section as'fstence may for the purpose of the execution of their duties under tJiis <^°""''^' Ordinance employ at the expense of the council such legal or other assistance as the committee may think necessary or pro- per and the person whose condact is the subject of inquiry shall also have the right to be represented by counsel : ^^^^^^^ Provided that all meetings of any such committee when inquiry held for taking evidence or otherwise ascertaining the facts shall be held within the judicial district or subjudicial dis- trict where the member complained of resides or the alleged offence was committed unless he shall consent to have the inquiry held elsewhere. CO., c. 52, s. 45. 46. At least two weeks before the first meeting of the com- f^td^" mittee to be held for taking the evidence or otherwise ascer- taining the facts a notice shall be served upon the person ^ 501 Cap. 62 MEDICAL PROFESSION S. 46 Testimony of witnesses whose conduct is the subject of inquiry; and such noticQ shall embody a copy of the charges made against him or a statement of the subject matter of the inquiry and shall also specify the time and place of such meeting. The testimony of witnesses shall be taken under oath which the chairman or acting chairman of the committee is hereby authorized to ad- minister and there shall be full right to cross-examine all wit- nesses called and to adduce evidence in defence and reply. CO., c. 52, s. 46. Subpoena Rules of evidence 47. For the purpose of procuring the attendance and evi- dence of a witness before the committee a judge of the Supreme Court may on application of any party to the inquiry order the issue by a clerk of the Supreme Court or a deputy clerk of a writ of subpcsna ad testificamdum or a writ of subpoena duces tecum. The rules of evidence on such inquiry and the proceedings and penalties in the case of disobedience to any such writ shall be the same as obtain in civil cases in the said court. CO., c. 52, s. 47. Non- attendance of accused 48. In the event of the non-attendance c^f the person whose conduct is the subject of such inquiry the committet; may upon proof of personal service of the notice aforesaid in ac- cordance with the provisions of this Ordinance, which proof of service may be by statutory declaration, proceed with the subject matter of the inquiry in his absence and make their report of the facts without further notice to such person. CO., G. 52, s. 48. Appeal to iudge 49. Any person whose name has been ordered to be erased from the register may appeal from the decision of the council to a judge of the Supreme Court at any time within six months from the date of the order for such erasure ; and such judge may upon the hearing of such appeal make such order as to the restoration of the name so erased or confirming such erasure or for further inquiries by the committee or council into the facts of the case and as to costs as shall be iust. CO., c. 52, s. 49. Procedure 50. The appeal may be by summons for the council of the said college to show cause, served upon the registrar, and shall be founded upon a copy of the proceedings before the com- mittee, the evidence taken, the committee's report and the order of the council in the m-atter certified by the registrar; and the registrar shall upon the request of any person desir- ing to appeal furnish to any such perspn a certified copy of all proceedings, reports, orders and papers upon which the committee or council have acted in making the report or order complained of. CO., c. 52, s. 50. 502 s. 57 MEDICAL PEOFESsioN Cap. 62 11 RIGHTS OP REGISTERED PRACTITIONERS. 51. Every person registered under the provisions of this Rights of Ordinance shall be entitled to practise medicine and surgery flgtstered including midwifery, or any one of them, in the Territorie-s and to demand and recover in any court in the said Terri- tories, with full costs of suit, reasonable charges for profes- sional aid, advice and visits and the cost of any medicine or surgical appliances rendered or supplied by him to his patients. C.O., c. 52, s. 51. 52. No duly registered member oif the College of Physi- Limitation cians and Surgeons of the North-West Territories shall be"*^"""''"" liable to any action for negligence or malpractice by reason 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 service terminated. CO., c. 52, s. 52. 53. No person shall be entitled to recover any charge in Unregistered any court of law for any medical or surgical advice or for recme/^""" attendance or for the performance of any operation or for any ''^^''s'^'' medicine which he may have prescribed unless he is registered under this Ordinance. CO., c. 52, s. 53. 54. No person shall be appointed as medical officer, physj- unregistered cian '^r surgeon in any branch of the public service of the bfl^linte"" Territories or in any hospital or other charitable institution '° ° "^ not supported wholly by voluntary contributions unless he is registered under the provisions of this Ordinance. CO., c. 52, s. 54. 55. No certificate required by any Ordinance in force or certificates that may hereafter be passed, from any physician or surgecta '"g'iste^ed or medical practitioner shall be valid unless the person sign- persons ing the same is registered under this Ordinance. CO., c. 52, s. 55. INTERPRETATION. 56. The words " legally qualified medical practitioner" or interpretation "duly qualified medical practitioner" or any other words implying legal recognition of any person as a medical practi- tioner or member of the medical profession when used in any ordinance or law shall in so far as such ordinance or law applies to the Territories be construed to mean a person registered under this Ordinance. CO., c. 62, s. 56. PUBLICATION OF MEDICAL REGISTER. 57. The registrar ,shall from time to time and at least R^gister^of nnniiallv under direction of the council cause to be printed p--^'^""°"" 503 12 Cap. 62 MEDICAL, PROFESSION S. 57 Publication and ^j^^ DubHshed a correct register of the names in alphabetical effector ^ *^ -.in j_'*i order according to the surnames with the respective residences in form B in the schedule to this Ordinance or to the like effect together with the medical titles, diplomas and qualifications conferred by any college or body, of all persons appearing on the register as existing on the day of publication ana such register shall be called the North-West Territories Medical Register and a copy of the register for the time being purport- ing to be so printed and published as aforesaid shall be prima facie evidence in all Territorial courts and before all justice'* of the peace and all others that the persons therein specified are regitetered acoordilig to the provisions of this Ordinance; and subject to the provisions of subsection 2 of this section the absence of the name of any person from such copy shall be prima facie evidence that such person is not registered ac- cording to the provisions of this Ordinance. (2) In the caee of any person whose name does not appear in such copy a certified copy, under the hand of the registrar, of the entry of the name of such person on the register shall be evidence that such person is registered under this Ordi- nance. CO., c. 52, s. 57. EVIDENCE OF REGISTRATION. Evidence of registration Practitioners omitting to register Unregistered persons practising for reward 58. In all cases where proof of registration under this Ordi- nance is required to be made the production of a prmiefl or other copy of the register or of any extract therefrom certified by the registrar shall be sufficient evidence of registration in lieu of the production of the original 'register; and any certifi- cate 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- CO., c. 62, s. 58. OFFENCES AND PENALTIES. PROSECUTIONS. 59. Any person entitled to be registered under this Ordi- nance but who neglects or omits to be so registered shall not be entitled to any of the rights or privileges conferred by registration so long as such neglect or omission continues and he shall be liable to all the penalties imposed by this Ordin- ance or any other Ordinance in force against unqualified or unregistered practitioners. CO., c. 62. s. 59. 60. No unregistered person shall practise medicine or surgery for hire or hope of reward; and if any person not registered pursuant to this Ordinance for hire, gain or hope of reward practises or professes to practise medicine or sur- gery he shall be guilty of an offence and upon summary con- viction thereof be liable to a penalty not exceeding $100. CO., c. 52, s. 60. 504 s. 68 MEDICAL PROFESSION Cap. 52 13 61. Any person who wilfully or falsely pretends to be a P''^'^^^^'"^ physician, doctor of medicine, surgeon or general practi- physician, etc. tioner or assumes any title, addition or description other than he actually possesses and is legally entitled to under this Ordinance shall be liable on conviction thereof before a jus- tice of the peace to a penalty not exceeding $50 nor less than $10. CO., c. 52, s. 61. 62. Any person not registered pursuant to this Ordinance ^suming who takes -or uses any name, title, addition or description im- plying 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 summary conviction to pay any penalty not exceeding $100 nor less than $25. CO., c. 52, s. 62. 63. Any prosecutions under this Ordinance may be brought Prosecutions or heard before a justice of the peace. In case the penalty and Penalty cost awarded are not upon conviction forthwith paid the justice may commit the offender to the common gaol there to be imprisoned for any term not exceeding one month unless the penalty and costs are sooner paid. CO., c. 62, s. 63. 64. In any prosecution under this Ordinance the burden of onus of proot proof of registration shall be upon the person charged. CO., c. 52, s. 64. 65. Everv prosecution under this Ordinance shall be com- Limitation ot J i: prosecutions menced within six months from, the date of the alleged offence. CO., c. 52, s. 65. 66. The council by an order signed by the president hav- council may ing the seal of the council appended thereto may stay pro> proceedings ceedings in any prosecutions under this Ordinance where it is deemed expedient. CO., c. 52, s. 66. 67. All fines and penalties imposed under any of the pro- Application , . ^ . . i 1 T IT -1 of fines Visions of this Ordinance and all moneys to be received or levied thereunder shall after the receipt thereof by the person authorized to receive the same be forthwith paid by such person to the treasurer for the uses of the college. CO., Ct, 52, s. 67. RETURNS. 68. The registrar whenever required by the Lieutenant General return Governor shall transmit to 'the Territorial Secretary a return "^ledL ■certified under oath setting forth all such information and particulars relating to the college as may from time to time b^e' required. CO., c. 52, s. 68. 505 14 Cap. 52 MEDICAL PROFESSION SCHEDULE. Sched. FOEM A. The Medical Profession Ordinance, A.D. 1 Voting Paper for Annual Election. I, John James Brown, a registered medical practitioner, vote for the five persons hereinafter named to form the members of the Medical Council of the North-West Territories : 1. George Courtney, Banff. 2. William Jenner, Calgary. 3. Thomas Morgan, Eegina. 4. John Mitchell, Moose Jaw. 5. Francis Jones, Qu'Appelle. And I declare that I am entitled to vote at this election and am not in default in payment of my fees to the council. Dated, April, 1 John James Brown. Witness : Horace Young. FOEM B. NAME. residence. qualification. A.B. CD. E.F. G.H. Banff Calgary EeginZv Qu'Appelle M.A., M.D., Toronto University. M.D., Glasgow, Scotland. U.S.A., London, England. M.D., New York, U.S. 606 CHAPTER 53. An Ordinance respecting Dentistry. rrHE Lieutenant Governor by and with tJie advice ana con- *- sent of the Legislative Assembly of the Territories enacts us follows : SHORT TITLE 1. This Ordinance may be cited as " The Dental Profession short title Ordinance." 1903, 2nd session, c. 16, s. 1. INTERPRETATION. 2. In. this Ordinance unless the context otherwise requires — interpretation The word " college " shall mean " The College of Dental Surgeons of the North-West Territories " incorporated by this Ordinance ; The word " council " shall mean the " council " of the said college provided for by this Ordinance; The word " secretary " shall mean the secretary of the said council ; The words "legally qualified," "dental practitioner" or '■ duly qualified dental practitioner " or any other words im- plying legal recognition of any person as a dental practi- tioner or member of the dental profession shall mean a person registered under the provisions of this Ordinance. 1903, 2nd session, c. 16, s. 2. COLLEGE OF DENTAL SURGEONS. 3. The members of The Dental Association of the North- coiiege of West Territories as constituted by The Deniistry Ordinance Surgeons being chapter 58 of The Consolidated Ordinances 1898 and all '^""^'""'"■^ persons registered as members as hereinafter provided are hereby constituted a body corporate under the name of "The College of Dental Surgeons of the North-AVest Territories " and shall loe deemed a body politic and corporate and shall have perpetual succession and a common seal with power to sue or be sued and to acquire, hold or dispose of chattel property and real estate for the purpose of this Ordinance. 1903, 2nd session, c. 16, s. 3. COUNCIL OF COLLEGE. ELECTION OF MEMBERS. 4. There shall be a council of the said college to be appoint- Council ed in the manner hereinafter provided and hereinafter refer- red to as the council. 1903, 2nd session, c. 16, s. 4. 507 Qualified voters Cap. 53 DENTISTRY s. 5- 5. The persons entitled to vote at elections of members of the council shall be persons registered as dental practitioners in pursuance of this Ordinance. 1903, 2nd session, c. 16, s 6. Members of council (i. No person shall be eligible to be elected as a member of the council unless he is registered in pursuance of this Ordi- nance. 1903, 2nd session, c. 16, s. 6. Five members ^^ rpj^g couucil shall couslst of fivo membors to be elected as hereinafter provided. 1903, 2nd session, c. 16, s. 7. Conduct of elections 8. The charge and cotnduct of the edection for members of the council shall be under the management of the sbcretary of the council and the time and place of such election shall be determined by the council so that however there shall be an election in every odd numbered year. 1903, 2nd session, c. 16, s. 8. 9, Every person entitled to vote may vote for five members and in case of any person placing more than five names on hi* voting paper the first five only shall be counted. 1903, 2nd session, c. 16, s. 9. Method of voting: 10. Such votes shall be given by closed voting paper in the form A in the schedule to this Ordinance signed by the voter and delivered to the secretary on the day of election or within the twenty days preceding it. Any voting paper re- ceived by the secretary by post shall be deemed to be deliver- ed to him. 1903, 2nd session, c. 16, s. 10. Scrutineer* 11. The council shall appoint two persons who with the secretary shall act as scrutineers at the election. Oi- the day succeeding the day of election the secretary shall in the pres- ence of the other two scrutineers proceed to open the voting papers and count the votes and record the same in a book of record to be provided bv the council. 1903, 2nd session, c. 16, s. 11. be°prese"t'' 12. Any persou entitled to vote at an election shall be entitled to be present at the opening and counting of the voting papers. 1903, 2nd session, c. 16, s. 12. Term 13. The five persons who have the highest number of votes shall be the members of the council for the two years from the first 'day of January next after the date oif the election or until their successors are elected. 1903, 2nd session, c. 16, s. 13. BOS s. 17 Dentistry Cap. 53 i 14. In case of an equality of votes between two or more Equality of persons the scrutineers sihall forthwith put into a ballot box a ™'^ number of papers equal to the number of candidates who have an equality of votes the said papers each having the name of one of such candidates written thereon being one paper for e^ch such candidate. The said papers shall be folded so that the name of the candidate shall be on the inside and not distinguishable without the paper being opened. The papers shall be mixed in the ballot box in the presence of the other two scrutineers and the secretary shall draw by chance from such ballot box in the presence of the other two scrutineers one or more papers sufficient to make up the required number nf persons and the persons whose names are so drawn shall be deemed to be elected members of the council. 1903, 2nd ses- sion, c. 16, s. 14. 15. No person shall be entitled t« vote at such elections EHgiwiity after the first election unless his fees to the council aie paid., No person shall be eligible unless qualified to vote at such election and the votes cast for any person who is ineligible to vote shall be null and void. 1903, 2nd session, c. 16, s. 15. 16. The secretary shall one month previous to the day on List to ^ which the election is to be held make out an alphabetical list " of the registered practitioners entitled to vote and forward by mail prepaid a copy of the said list together with a copy of the voting paper in form A in the schedule hereto to each registered practitioner. (2) In case any registered practitioner complains to the secretary in writing of the improper insertion or omission of ^ any namB in the said list it shall be the duty of the secretary to examine into the said complaint and rectify the erx"or it there be any; and in case the party complaining is dissatisfied with the decision of the secretary he may appeal to a judge o^ the Supreme Court provided such appeal is made within ten days before the day on which the election is to be held; and such judge shall hear and decide such appeal in a sum- mary way and such notice as the said judge shall direct shall be given to the persons specified in the notice before the said hearing and if he deem necessary evidence may be taken by him viva voce under oath or by affidavit according as he shall direct and the decision of such judge shall be final. 1903, 2nd session, c. 16, s. 16. 17. The list so made out by the secretary with any amend- voters' list ments that may be made thereto by a judge of the Supreme '=°"='"='™ Court as aforesaid provided shall be held to be the register of the persons entitled to vote and no person shall be entitled to vote whose name is not on such register or list. 1903, 2nd session, c. 16, s. 17. 509 Cap. 53 DENTISTRY s. 18 «^uii°"ons ^^' '^^^ members of the cuuncii may make such regulations as they consider expedient not inconsistent with this Ordi- nance for regulating the procedure in such elections. 1903, 2nd session, c. 16, s. 18. to°befr««Ted 19- The votiug papers belonging to any election shall not be destroyed until after petitions in respect to such eieciion have been decided but the same, together with all other papers in connection with such election shall be retained by the secre- tary for three months after such election. 1903, 2nd session, c. 16, s. 19. Disputed election 20. No petition against the return of any member shall be entertained by the council unless such petition is filed with the secretary within sixty days after such election and unless a copy of such petition is served on the member whose election is disputed within sixty days Jifter such election. 1903, 2nd session, c. 16, s. 20. Inquiry into disputed election Vacancies in council, how supplied 21. Upon receipt of any such petition against the election of any member by the secretary he shall upon proof that notice as aforesaid has been served on the member whose election is disputed forthwith notify the council and the coun- <3il shall meet within one week after said notice and the council shall hold an inquiry into the said disputed election and shall decide the same and their decision shall be final. If the election is found to be illegal the council shall thereupoh order a new election. 1903, 2nd session, c. 16, s. 21. 22. In case of the failure to elect the requisite number of duly qualified members of the council or in case of the death or resignation of any of the members or in case of a vacancy by any other cause then it shall be the duty of the remaining, members of the council to supply the deficiency by appoint- ing to such vacant place or places as may thus occur any person duly qualified under this Ordinance to become a mem- ber. 1903, 2nd session, c. 16, s. 22. PRESIDENT AND OFFICERS. MEETINGS OF COUNCIL. Officers 23. The council shall from among its members annually appoint a president, vice president and secretary treasurer and such other officers as may from time to time be deemed neces- sary for the carrying out of this Ordinance who shall hold office for the term of the council and until their successors are appointed and the council may by by-law affix the salaries of such officers and of the board of examiners hereinafter appointed. 1903, 2nd session, c. 16, s. 23. Executive 24. The council shall annually appoint from among its members an executive committee who shall take cognizance of 510 s. 28 DENTisTKY Cap. B3 5 any action upon all such matters as shall be delegated to it by the council or as shall require immediate attention between the adjournment of the council and its next meeting but the said committee shall have no power to alter, repeal or suspend any by-law of the council. 1903, 2nd session, c. 16, s. 24. 25. The council shall make rules and regulations as to the Meetings time and place of future meetings of the council and of the manner of summoning the same which rules and regulations shall remain in force until altered at any subsequent meeting and in the absence of any such rule or regulation it shall be lawful for the president or in the event of his death the secretary to summon the council at such time and place as to him shall seem fit. (2) In the event of the absence of the president the vice Procedure president or in the event of his absence any member of the council chosen from among the members of the council m^ay act as president. (3) All acts of the council shall be decided by the majority of the members present three members being required to form, a quorum. (4) The president or acting president shall at all times have a vote in the council. 1903, •2nd session, c. 16, s. 25. 26. There shall be paid to the members of the council such fees to ^ ' members or fees for attendance and such reasonable travelling expenses as council shall from time to time be fixed by the council. 1903, 2nd ses- sion, c. 16, s. 26. REGISTRATION. 27. The council shall cause to be kept by the secretary a Register book or register in which he shall enter the name of eveiv dental practitioner who is entitled to be registered under the provisions of this Ordinance and from time to time the names of all persons who comply with the said provisions and those persons only whose names are inscribed in such book or regis- ter shall be deemed to be qualified to practise dentistry or dental surgery in the jSTorth-West Territories and such book shall be open to inspection at all times. 1903, 2nd session, c. 16, s. 27. 28. It shall be the duty of the secretary to keep his register f^l^^^^^-'^ correct in accordance with the provisions of this Ordinance and the rules, orders and regulations of the council and he shall from time to time mal^e the necessary alterations in the addresses or qualifications of the persons registered under this Ordinance and the said secretary shall perform such other duties as may be imposed upon him by the council not incon- sistent with this Ordinance. 1903, 2nd session, c. 16, s. 28. 511 Cap. '53 DENTISTRy S.29 S"mcmbeJrof ^^* '^^^ foUowlng peisons upon payment of the preccribed college fee shall be entitled to be registered as members of The Col- lege of Dental Surgeons of the North-West Territories : (a) All persons who are at the time of the passing of this Ordinance members of The Dental Association of the North- West Territories. lib) Any person 'possessing a diploma of graduation in ■dental surgery from any Canadian dental college or any Canadian university having a special dental department or from any such institution duly authorized by the laws of .Great Britain one any of her dependencies. (c) Any member of any incorporated college of dentistry or of 'dental surgeons of any province of Canada having powers similar to those conferred by this Ordinance upon The College of Dental Surgeons of the North-A\"est Territories by which under the laws of the province governing the said incorporat- ed body similar rights to register and to practise dentistry ar& granted to the persons registered under this Ordinance. (d) Any person holding a diploma or certificate of quali- fication from a dental college or school of dental surgery which at the time when such person applies for registration grants its diploma or certificate of qualification only after a four year course of lectures and practice and producing satis- factory evidence that the holder of such diploma or certificate is recognized as qualified to practise dentistry in the country, province or state within which such diploma or certificate has been granted. (e) Any person licensed or entitled to be licensed to practise dentistry or dental surgery in the United Kingdom of Great Britain and Ireland. {[) Any person who shall satisfy the council that he has practised dentistry or dental surgery for at least five years and shall pass before the members of the council or such examiners as" may be appointed for the purpose a satisfactory examination touching his fitness and capacitj^ to practise as a dentist or dental surgeon. 1903, 2nd session, c. 16, s. 29. Registration fee 30. The fee payable for registration under the next preced- ing section sh all be the sum of $50 except for persons register- ed under clause (a) thereof who shall not be required to pay any fee for such registration. 1903, 2nd session, c. 16, s. 30. Annual membership ,fee 31. Each member shall pay to the secretary or to any person deputed by the secretary to receive it such annual- fee as may be determined by by-law of the council not exceeding $2 towards the general expenses of the council which fee shall be payable on the first day of January in each year and auch fee shall be deemed to be a debt due by each member of thft said college : 512 s. 36 DENTISTRY Cap. 63 7 Provided that the council may in any case in which it deems expedient remit any annual fees due to the college by any member who is or has been a resident out of the Territor- ies during the period in respect of which fees become due. 1903, 2nd session, c. 16, s. 31. 32. Any applicant for registration under section 29 whose ^JSJait™"' application is refused may appeal to a judge of the Supreme ■■'=g's'«^'' ■Court who may hear such appeal and make such order thereon .as may seem just. 1903, 2nd "session, c. 16, s. 32. 33. The council may at any time direct that the name of L'meTom .any person improperly registered be erased from the register, ■■^i^^*^'" 1903, 2nd session, c. 16, s. 33. GENERAI, POWERS OF COUNCIL. 34. The council shall from time to time as the occasion may coundito require make regulations and by-laws for regulating the regis- register and ter to be kept under this Ordinance and shall from time to time make rules and regulations for the guidance of ttie exam- iners and may prescribe the subjects and modes of examina- tions and generally make all such rules and regulations in respect of examinations not contrary to the provisions of this Ordinance as the council may deem expedient and necessary. 1903, 2nd session, c. 16, s. 34. 35. The council may from time to time make, alter q^ General rules amend and repeal rules and regulations for the well being and discipline of the council, the conduct of its affairs and the promotion of dental and surgical knowledge and the disposi- tion of the funds of the council provided such rules and regu- lations be not repugnant to the provision's of this Ordinance. 1903, 2nd session, c. 16, s. 35. CENTRAL EXAMINATION BOARD. 36. The council shall have power to establish an examining E''^=';J'""s board and to prescribe fees for examinations and may conjointly with the council or councils of college of dentistry or dental surgeons! incorporated under any Act of the Legislature of any province of Canada possessing powers similar to those conferred on The College of Dental Surgeons of the North-West Territories constitute a central examining board and delegate to such boards all powers possessed by the said council respecting the examination of candidates for admission to practise dentistry or dental surgery including the imposition of examination fees : Provided that such power shall not be exercised unless the persons passing any examinations of such central examining board shall on complying with the laws and rules of the 513 Cap. 63 DENTISTRY s. 36 respective councils in other respects be entitled to registration as legally qualified dental practitioners in the province whose councils may have conjointly with the said council establish- ed such central examining board; and Provided further that any examinations conductea u^ such central examining board shall be held in at least one place within the Territories simultaneously with such examinations held in any pr vince. 1903, 2nd session, c. 16, s. 36. DISCIPLINARY. Misconduct of reg:istered praclitioner 37. If any registered dental practitioner shall be convicted of any indictable offence or shall after due inquiry ue judged by the council to have been guilty of infamous conduct in any professional respect such council may if it sees fit direct the secretary to erase the name of such practitioner from the- register and the name of such person shall be erased by the secretary from the register. 1903, 2nd session, c. 16, s. 37. Inquiry 38. The couucil may and upon the application of any three registered dental practitioners shall cause inquiry to be made in the case of a person alleged to be liable to have his name erased under the next preceding section and on proof of such conviction or infamous conduct shall cause the name of such person to be erased from the register : Provided that the name of a person shall not be so erased on account of his adopting or refraining from adopting th& practise of any particular theory of dentistry or dental sur- gery nor on account of a conviction for a political offence out of His Majesty's dominion nor on account of a conviction for an offence which though within the provisions of the last preceding section ought not in the opinion of the council or the committee hereinafter named either from the trivial nature of the offence or from the circumstances under which it was committed to disqualify a person from practising den- tistry or dental surgery. 1903, 2nd session, c. 16, s. dS. Costs 39. The council may order to be paid out of the funds at. their disposal such costs as may to them seem just to any person against whom any complaint has been made which when finally determined is found to have been frivolous and vexatious. 1903, 2nd session, c. 16, s. 39. Name erased not to be restored without authority 40. Where the council direct the erasure from the register of the name of any person or of any other entry the name of that person or that entry shall not be again entered on the register except by the direction of the council or by the order of a judge of the Supreme Court. 1903, 2nd session, c. 16,. s. 40. 514 fi. 46 Dentistry Cap. 53 9 41. If the council see fit in any case they may dinsoi the Restoration . *' •' •' of name erased secretary to restore to the register any name or entry erasad thereform either without fee or on payment of such fee not exceeding the registration fee as the council may fix and the secretary shall restore the same accordingly. 1903, 2nd ses- sion, c. 16, s. 41. 42. The council shall for the purpose of exercising in any committee of , r r o .^ mquiry *ase the power of erasing from and restoring to the register the name of any person or other entry ascertain the facts of such case by a committee of their own body of whom the quorum shall be three and a written report of the committee may be acted upon as to the facts therein stated for the pur- pose of the exercise of the said powers by the council. 1903, ■2nd session, c. 16, s. 42. 43. The council shall from time to time appoint anu stiali^°^f^';J^g'^°"°^ 3ilways maintain a committee for the purposes prescribed in the last preceding section and subject to the provisions of this -Ordinance may from time to time determine the constitution and th5 number and tenure of of&ce of the members of such committee. 1903, 2nd session, c. 16, s. 43. 44. The committee appointed under the preceding section ^'If^'^^^.^ may for the purpose of the execution of their duties under this Ordinance employ at the expense of the council such legal or other assistance as to the committee, may seem neces- sary or proper and the person whose conduct is the subject of counsel. inquiry shall also have the right to be represented by counsel : Provided that all meetings of such committee when held for taking evidence or otherwise ascertaining the facts shall be lield within the judicial district or subjudicial district where the member complained of resides or the alleged offence was committed unless he shall consent to have the inquiry else- where. 1903, 2nd sesision, c. 16, s. 44. 45. At least two weeks before the first meeting to be held fj"^^^""^ "" for taking the evidence or otherwise ascertaining the facts a '"''""''' notice shall be served upon the person whose conduct is the subject of inquiry and such notice shall embody a copy of the charges' made against him or a statement of the subject matter •of the inquiry and shall also specify' the time and place of such meeting. The testimony of witnesses shall be taken under oath which the chairman of the committee is hereby author- ized to administer and there shall be full mght to cross exam- ine all witnesses called and to adduce evidence in defence and reply. 1903, 2nd session, c. 16, s. 45 46. For the purpose of procuring the attendance and Subpcena ■evidence of a witness before the committee a judge of the« :Supr6me Court may on application of any party to the inquiry 616 10 Cap. 63 dentiste:^ s. 46 order the issue by the clerk of the Supreme Court or a deputy clerk of a writ of subpoena ad testificandum or a wri; of subpoena duces tecum. The rules of evidence on such inquiry and the proceedings. and penalties in the case of disobedienae to any such writ shall be the same as obtain in civil cases in said court. 1903, 2nd session, c. 16, s. 46. Non attendance of accused 47. In the event of the nonattendance of the person whose conduct is the subject of such inquiry the comnnittee may upon proof of the personal service of the notice aforesaid in a,ccordance with, the provisions of this Ordinance which proof of service may be by statutory declaration proceed with the subject matter of the inquiry in his absence and make- their report of the facts without further notice to such person. 1903, 2nd session, c. 16, s. 47. Appeal to judge ^g_ ^^^ persou whosB name has been ordered to be erased from the register may appeal from the decision of the council to a judge of the Supreme Court at any time within six months of the date of the order for such erasure and such judge may upon the hearing of such appeal make such order as to the restoration of the name so erased or confirming such erasure or for further inquiries by the committee or council into the facts of the case or otherwise and as to costs as shall seem just. 1903, 2nd session, c. 16, s. 48. Evidence on appeal 49. The secretary shall upon the request of any person desiring to appeal furnish such person a certified copy of all proceedings, reports, orders and papers upon which the committee or council have acted in making the report or order complained of and such certified copy may be used by the appellant in evidence as if it were the original of which it purports to be a copy. 1903, 2nd session, c. 16, s. 49. RIGHTS OF REGISTERED PRACTITIONERS. Rights of persons registered .'iO. Every- person who has been registered and has paid his annual fee under the provisions of this Ordinance shall be entitled to practise dentistry and dental surgery or either of them in the Territories and demand and recover in any court in the said Territories with full costs of suit reasonable charges for professional aid, advice and visits and the cost of any medicine or surgical appliances rendered or supplied by him to his patients. 1903, 2nd session, c. 16, s. 50. yerson'canSot 51. No pcrsou shall be entitled to recover any charge in recover charges auj court of law for any dental or surgical advice or for attendance or for the performance of any operation or for any medicine which he may have prescribed unless he is register- ed under this Ordinance and has paid his annual fee. 1903 2nd session, c. 16, s. Bl. 616 8. 66 DENTISTRY Cap. 63 11 PUBLICATION OF DENTAL KEGISTEtt. 52. The secretary shall from time to time and at least once ^^^i'JtSner., in each year under the direction of the council cause to be P^^J^'^^f °° ''""^ printed and published a correct register of the names in alphabetical order according to the surnames with the respec- tive residences in form B in the schedule to this Ordinance or to the like effect together with the dental titles, diplomas or qualifications conferred by stny 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 Dental Eegister and a copy of the register for the time being purporting to be so printed and published as aforesaid shall be prima facie evidence in all Territorial Courts and before all justices of the peace and all others that the persons therein specified are registered according to the provisions of this Ordinance and subject to the provisions of subsection (2) of this section the absence of the name of any person from such copy shall be prima facie evidence that such person is not registered according to the provisions of this Ordinance. (2) A certificate under the hand of the secretary certifying that any person is registered under this Ordinance shall be prima facie evidence that such person is so registered. 1903, 2nd session, c. 16, s. 52. EVIDENCE OF REGISTRATION. 53. In all cases where proof of registration under this Ordi- Further nance is required to be made the production of a printed or registration other copy of the register or of any extract therefrom certified by the secretary and under the corporate seal of the college shall be sufficient evidence of registration in lieu of the pro- duction of the original register and any certificate purporting to be signed by any person in his capacity as secretary of the council under this Ordinance shall be prima facie evidence that such person is such secretary without any proof of his signature or of his being in fact such secretary. 1903, 2nd session, c. 16, s. 53v OFFENCES AND PENALTIES. PROSECUTIONS. 54. Any person entitled to be registered under this p^^^j'J^'""^''^ Ordinance but who neglects or omits to be so registered shall register not be entitled to any of the rights and privileges conferred by registration so long as such neglect or omission continues and he shall be liable to all the penalties imposed by ttiis Ordinance or any other Ordinance in force against unqualified or unregistered practitioners. 1903, 2nd session, c. 16, s. 53. 55. No unregistered person shall practise dentistry or unregi^^tered ■dental surgery for hire or hope of reward; and if any person p;;^^*X^'°-- 517 12 Cap. 63 DENTISTRY s. 66 not registered pursuant to this Ordinance for hire, gain or hope of reward practises or profes es to practise dentistry or dental surgery he shall be guilty of an offence and on sum- mary conviction thereof be liable to a penalty not exceeding $100. 1903, 2nd session, c. 16, s. 65. Pretending: to foe a dentist 56. Any person who wilfully and falsely pretends lo be a dentist, dental surgeon or dental practitioner or assumes any title, addition or description other than he actually possesses or is legally entitled to shall be liable on summary conviction thereof to a penalty not exceeding $60 and not less tnan $10. 1903, 2nd session, c. 16, s. 56. Assuming ialse title 57. Any person not registered pursuant to this Ordinance who takes or usey any name, title, addition or description implying or calculating ■ to lead people to infer that ne is registered under this Ordinance or that he is recognized by law as a dentist or d'^ntal surgeon or a licentiate in dentistry or dental surgery sh&il be li3,ble upon summary conviction to a penalty not exceeding $100 and not less than $25. 1903, 2nd session, c. 16, s. 57. Prosecutions penalty 58. Any prosecutions under this Ordinance may be brought or heard before a justice af the peace and in case the penalty and costs awarded are not upon conviction forthwith paid the justice may commit the offender to a common gaol there to be imprisoned for any term not exceeding one month unless the penalty and costs are sooner paid. 1903, 2nd session, c. 16, s. 58. " Onus of proof 69. lu any prosecution under this Ordinance the burden of' proof of registration shall be upon the person charged. 1903, 2nd session, c. 16, s. 69. Limitations of prosecution 60. Every prosecution under this Ordinance shall oe com- menced within six months from the date of the alleged offence. 1903, 2nd session, c. 16, s. 59. Council may 61. The council by an order signed by the president having prosecutTon thc Seal of the council appended thereto may withdraw any prosecution under this Ordinance where it is deemed expedi- ent. 1903, 2nd session, c. 16, s. 61. Application of 62. All fiues and penalties imposed under any of the pro- visions of this Ordinance and all moneys to be received and levied thereunder shall after the receipt thereof by the person authorized to receive the same be forthwith paid by such person to the treasurer for the uses of the college. 1903, 2nd session, c. 16, s. 62. 618 s- 69 DENTISTRY Cap. 63 13 RETUEUS. 63. The secretary whenever required by the Lieutenant General returns Governor shall transmit to the Territorial Secretary a return for'' ''' '"""^ verified by oath setting forth all such information and par- ticulars relating to the college as may from timei to time be required. 1903, 2nd session, c. 16, s. 63. MISCELLANEOUS. 64. Where under this Ordinance any application is author- Procedure ized to be made to or any proceedings authorized to be taken '"'''""J"'^^^ before a judge of the Supreme Court such application or pro- ceedings may be by originating summons in accordance with the rules of Court. 1903, 2nd session, c. 16, s. 64. 65. All the real and personal property of The Dental Asso- Property elation of the North-West Territories and all the books, papers and documents belonging to the said association shall on the coming into force of this Ordinance become vested in and become the property of The College of Dental Surgeons of the North-West Territories. 1903, 2nd session, c. 16, s. 65. 66. The Lieutenant Governor in Council may appoint a Provisional provisional secretary of the council who shall hold office until a secretary is appointed by the council and who shall perform all the duties of the secretary for the purpose of holding the first election of members of the council and shall for the pur- poses of said election appoint two scrutineers who shall act with him for the purpose of opening and recording the voting papers. 1903, 2nd session, c. 16, s. 66. 67. The Lieutenant Governor in Council may also appoint Appointment an auditor who shall proceed with all convenient speed to ° audit the books and accounts of the dental association here- inbefore referred to and report to the council. 1903, 2nd session, c. 16, s. 67. 68. The secretary treasurer of the said dental association secrci.-iry 1 /. •■! *^* associatu'in shall forthwith upon the appointment of the provisional secre- tofumishUst tary of the council furnish him with a list of all the members etc" " of the said dental association and deliver to him all moneys m his possession or power the property of the said association and shall also forthwith on the appointment of the auauor in the next preceding section mentioned deliver to him all books, papers and other property of the said association for the pur- pose of his audit which shall be delivered by him to the coun- cilwith his report. 1903, 2nd session, c. 16, s. 68. 69. The first election of members of the council shall be First election held within three months after the coming into force of this Ordinance. 1903, 2nd session, c. 16, s. 69. 519 ■It 14 Gap. 63 DENTISTRY S. 70 Term of office ■of first council 70. The members elected to the council at such first election shall hold office until the first day of January, 1906, and until their successors are elected. 1903, 2nd session, c. 16, s. 70. Expense of first election how paid 71. The expenses of the first election and the auditor's and provisional secretary's fees which shall be fixed by the Lieu- tenant Governor in Council shall be paid out of the moneys received from the secretary treasurer of the said dental asso- ciation and in the event of such moneys being insufficient any deficiency shall be paid by the council. 1903, 2nd session, c. 16, s. 71. First meeting -of council 72. The provisional secretary shall call the first meeting o| the council within two weeks after the holding of the said election. 1903, 2nd session, c. 16, s. 72. toipXTo""' '3. The provisions &f this Ordinance shall not apply to medical anv registered practitioner of medicine or surgery in the practitioners ./ o r «. ^ _„ ^ "^ Territories. 1903, 2nd session, c. 16, s. 73. SGHEDULE. FOEM A. The Dental Profession Ordinance Voting Paper foe Annual Election. I, John Williams, a registered dental practitioner, vote for the five persons hereinafter named to form members of The Council of College of Dental Surgeons of the North-West Territories : 1 2 3 4 And I, John Williams, solemnly declare that I am entitled to vote at this election and that I am not in default of my fees .to the council. Dated at this day of Witness B20 Sched. DENTISTRY FOEM B. Cap. 53 15 NAME RESIDENCE QUALIFICATION B2I CHAPTER 54. An Ordinance respecting Chemists and Druggists. TIEE Lieutenant Governor by and with the advice and con- -*- sent of the Legislative Assembly of the Territories enact as loUows: SHORT TITLE. Short title 1. This Ordinance may be cited as "The Pharmaceutical Association Ordinance.'' CO., c. 54, s. 1. THE PHARMACEUTICAL ASSOCIATION. "the 2. All persons now registered or deemed to be registered Ass^'uS'^t^on oT under the provisions of Ordinance No. 22 of 1891-92 respect- Lntimied ' ing chomists and druggists and all persons hereafter regis- JTred under the provisions of this Ordinance shall constitute the corporation called "The Pharmaceutical Association of the North- West Territories," and the said association shall be deemed a body politic and corporate with power to sue or be sued and acquire, sell, transfer and deal with real and personal property. CO., c. 54, s. 2. MEETINGS OF ASSOCIATION. COUNCIL. General 3. Thero shall be general meetings of the said association meetings j^gj.^ from time to time as hereinafter mentioned and there Council shall also be a council to direct and manage the affairs ol the said corporation ; and the said general meetings and the coun- cil shall have the entire direction and management of the said V tin» I corporation in the manner and subject to the regulations here- meetings InafteT mentioned; and at all general meetings and meetings of the council the majority of the members present and having a right to vote thereat respectively shall decide upon the mat- ters propounded to such meetings — the person presiding in case of an equality of votes to have the casting vote. CO., c. 54, s. 3. nicmbrr'B'-^°'™^ ^' "^^^ council of tho association shall be composed of not more than [seven] members to be elected in accordance with the provisions hereinafter contained. CO., c. 54, s. 4; 1902, c. 7, s. 1. Duration of 5. The mombers of such council shall be elected or appoint- rtd as the case may be for the period of two years but anvi Resig-nation member may resign his appointment at any time by letter addressed to the president or to the registrar of the council: and upon the death, resignation or removal of any member of ^00 S. 12 PHARMACEUTICAL ASSOCIATION Cap. 54 2 the council it shall be lawful for the council to elect and appoint some other person being a member of the association to supply the \acancy so made; and the person so appointed shall be taken in all respects as regards his duration of office, to represent the person in whose stead he has been appointed. CO., c. 64, s. 5. 6. The association may hold general meetings once in the Meetings of - , . '^ *^ C3 association year and also such special meetings as the council may from time to time think proper; the annual general meeting shall be held on the third Tuesday in the month of June in each year or such other day near thereto as shall be determined by th© council ; and further upon the recommendation in writing of six meonbers of the association entitled to vote requesting the council to convene a special general meeting of the asso- elation for the purpose specified in the requisition; such meeting shall be convened by the president within such rea- sonable time as the council shall see fit — they first giving such notice thereof as may be required by the by-laws of the corpo- ration and the purpose for which the same is convened. CO-, c. 54, s. 6. 7. The persons qualified to vote at elections of members of Election of ^ -•■ T • 1 members Jt the council shall be such persons as are at that time members council of the association and the time, place, and manner of such elections shall be as laid down by the bylaws of the corpor- ation subject to the provisions of this Ordinance. CO., c. 54, •s. 7. 8. No person shall be eligible to be elected a member of unregistered the council unless he be registered in pursuance of this Ordi- ineligible nanipe. CO., c. 54, s. 8. 9. The charge and conduct of elections shall be under the ^i™t'?o,fg°'' management of the registrar of the council. CO., c. 54, s. 9. 10. Every person entitled to vote may vote f r [seven] per- votes sons. CO., c. 54, s- 10; 1902, c. 7, s. 2. 11. Such votes shall be given by closed voting paptjrs to be m^J^°''° obtained from the registrar prior to the day of election in form A in schedule 1 hereto or to the like eifect signed by the voter and delivered to the registrar on any of the twenty days preceding the day of election. Any voting papers delivered to the said registrar by post during the time aforesaid shall bo deemed delivered to him. CO., c. 54, s. 11. 12. The [seven] persons who have the highest number of ^ti'rX^tf '* votes shall be the members of the council for the two years "ffi" following the date of such election and until their successors are appointed. CO., c. 54, s. 12; 1902, c. 7, s. 3. Cap. 54 PHARMACEUTICAL ASSOCIATION s. 13 Voters present at count 13. Any .person entitled to vote at any election shall be entitled to be present at the opening of the voting papers at such election. CO., c. 54, s. Id. Equality of votes 14. In case of an equality of votes between two or more persons which leaves the election of one or more of the mem- bers of the council undecided, the registrar shall in the pres- ence of the scrutineers forthwith put into a box a number o£ papers w^lh the names of the candidates having such equality of votes written thereon one for each candidate and the regis- trar in the presence of the scrutineers shall draw by chance from such ballot box one or more of such ballot papers suffi- cient to make up the required number and the persons whose names are upon such papers so drawn shall be such members. CO., c. 54, s. 14. OFFICERS. Officers to be elected 15. The council of the said corporation for the time being shall at their first meeting after the election of the council elect from among their members a president, a vice-president and a registrar and such officers as the council may consider necessary. CO., c. 54, s. 16. PROPERTY OP ASSOCIATION. Property of -association Sale or mortgage 16. The council of the association shall have the sole con- trol and management of the real and personal property of such association subject to the by-laws thereof : Provided always that no sale or mortgage of any Such property shall be made except with the approbation and con- currence of a general meeting of the members of tne said corporation specially called for such purpose. CO., c. 64, BY-LAWS, RULES AND REGULATIONS. SfdbyJaw's^ 17. The council shall have power to [fix such fees] make such by-laws, rules and regulations not inconsistent with the provisions of this Ordinance as they shaU deem necessary for the carrying out of the objects of the association and from time to time may amend, revoke or substitute others in their stead and such [fees], by-laws, rules and regulations may also be amended, altered or repealed in whole or in part at any annual general meeting of the association provided previous notice be given of the intention so to do, such notice to be given in accordance with the by-laws in force for the time being. CO., c. 64, s. 17; 1902, c. 7, s. 17. REGISTER. Reg,stry to be jg. It shall bc the duty of the registrar to make and keep a correct register in accordance with the provisions hereof of all 624 * 22 PHAEMACEUTICAL ASSOCIATION Gap. 54 j)ersoKs who are registered under the provisons hereof and to ■enter their qualifications opposite the names of all registered persons who shall have filed a statement of sucii and from time tn time make the necessary alterations in the address of persons so registered. CO., c. 54, s. 18. 19. The registrar [upon receipt of the raquisite fee] shall Persons admit upon the register of the Pharmaceutical Association of Smtsin the North-West Territories: _ (1) Any person possessing a diploma or certificate of admis- sion to practise as a pharmaceutical chemist in any part of Her Majesty's dominions by any pharmaceutical association ■or college of pharmacy, empowered by law to grant such diploma or certificate; (2) Any person who shall [on or before the thirty-first day ■of Deoeimber, 1902] produce satisfactory evidence that he has been engaged in the actual practice of the professioni of chemist and druggist, or dispensing chemist or apotHecary, either as clerk or manager, for at least four years prior to the -twenty-fifth day of January, 1892, and who was at that time a resident of the Territories; (3) Any person complying with section 22 of this Ordi- nano3. CO., c. 54, s. 19 ; 1902, c. 7, ss. 4 and 6. 20. No names shall be entered in the register except auth- Evidence ot orized to' be registered nor except the registrar is satisfiea by "fmissTon proper evidence that the person claiming is entitled to be registered, and an 7 appeal from the decision of the registrar Appeals from may be decided by the council of the association, and any™^^''" entry which shall be proved to the satisfaction of the council f^f^es"'^"' to have been fraudulently or incorrectly made may be amend- ed or erased in the register by order of such council. CO., c. 54, s. 20. 21. Upon any person being registered as aforesaid he shall f^^f^^^^^^^"* be entitled to receive a certificate in form B in schedule 1 hereto, or to the like effect, under the corporate seal of the association and signed by the registrar and shall be entitled to receive a sinjlar certificate annually upon payment of a fee to be determined by the council. CO., c. 54, s. 21. EXAMINATION OF STUDENTS. 22. Every candidate for examination shall produce evid- Examination ence that he has served at least four years in a drug store, ~' "-'"■"'" and shall pass an examination which shall embrace chemis- try,pharmacy, botany, materia medica, reading and translat- ing prescriptions and practical dispensing; and after passing this examination and producing the required certificates shall be registered a pharmaceutical chemist. CO., c. 54, s. 22. 525 of students Rules tor examinations Cap. 54 PHAEMACEUTICAL ASSOCIATION s. 23 23. The examination referred to shall take place and be regulated by such rules, regulations or by-laws as may be in force at the time such examination is held ; and all candidates- for the same shall pay such fees as may be imposed by any. such rules, regulations or by-laws. CO., c. 54, s. 23. Examinations Fees 24. The council of the association shall have authority, not- Linding anything contained in this Ordinance, to pre- scribe the subjects upon which candidates for competency shall be examined and to establish a scale of fees tu be paid by persons applying for examination. CO., c. 54, s. 24. SALE OF POISONS. Poisons 25. The several articles named or described in schedules 2 and 3 hereto shall be deemed to be poisonous within the meaning of the provisions hereof, and the council of the association may from time to time by resolution declare that any other article in such resolution named ought to be deemed a poison within the meaning hereof ; and thereupon the said ■association shall submit the same to the approval of the Lieu- tenant Governor in Council; and if such approval shall be given then such resolution and approval shall be advertised in The North-West Territories Guizette, and on the expiration of two months from such advertisement the article named in the resolution shall be deemed to be "poison" within the meaning hereof and the same shall be subject to the provisions herpfidti contained. CO., c. 64, s. 25. Sale of poisions 26. It shall be unlawful to sell any poison named in the first part of said schedule 2, either by wholesale or retail, unless the bottle, vessel, wrapper or cover in which such poison is contained is distinctly labelled with the name of the article and the word "poison"; and if sold by retail then alsrt- with the name and address of the establishment in which such poison is sold ; and it shall be unlawful to sell any poison mentioned in the first part of schedule 2 to any person unknown to the seller unless introduced by some person known to the seller; and on every sale of such article the person actually selling the same shall before delivery make an entry in a book to be kept for that purpose in form C in schedule 1 hereto stating the date of such sale, the name and address of the purchaser, the name and quantity of the article sold, the purpose for which it is stated by the purchaser to be required, and the name of the person, if any, who introduced' him, to which entry the signature of the purchaser shall be affixed : (2) Any person selling the drugs mentioned in schedule 3 hereto shall also complv with th e provisions of this section.. C.O., c. 54, s. 26. 526 '»• 32 PHARMACEUTICAL ASSOCIATION Cap. 54 6 REGISTERED PRACTITIONERS. RESTRICTIONS. PENALTIES. 27. Any person registered and no other shall be entitled a Rights of "Pharmaceutical chemist;" and no other person except apfl'^f' pharmaceutical chemist as aforesaid, or his employee or em- ployees, shall be authorized to compound prescriptions oi legally authorized or other medical practitioners or of other Fees lo be paid persons; and no person shall be entitled to take part in any of the proceedings of the said association who is in default in respect to any fee payable by him by virtue hereof. CO., c. M, s. 27. 28. It shall be unlawful for any person to keep open shop Prohibition for retailing, -dispensing or compounding poisons other than ^^en'iberr"' those contained in schedule 3 hereto, or to assume the title ^'Chemist and Druggist" or "Pharmaceutical Chemist" or '■Druggist" or "Pharmacist" or "Apothecary" or "Dispensing Chemist (Druggist)" in any part of the North-West Terri- tories unless such person shall be a member of the association iereby incorporated. CO., c. 54, s. 28. 29. No person selling any article or article in violation of N" recovery the provisions of this Ordinance shall recover any charges in "-here respect thereof in any court of law or equity nor shall any xioirJed'^'' branch - drug business be cai'ried on by a pharmaceutical uranch ■chemist unless he employs in it tical chemist. CO., c. 54, s. 29. ■chemist unless he employs in it -a duly registered pharmaceu- '="'*""'■•'■ 30. Any person transgressing any of the provisions herein Penalties contained, or selling any poison in violation thereof, shall for the first offence incur a penalty not exceeding $100 and costs of prosecution; and for each offence subsequent to such con- viction a penalty not exceeding $200 and costs of prosecution, to be recovered in a summary manner before any justice of the peace. CO.. c. 54, s. 30. . 31. In any prosecution hereunder it shall be incumbent on P™s'--"''i°"^ the defendant to prove that he is entitled to sell or keep open shop for compounding medicines or retailing poisons and to assume the title of chemist and druggist or other like title to the like effect ; and the production of a certificate purporting to be under the hand of the registrar and under the seal of the Evidence , said association showing that he is so entitled shall be prima facie evidence that he ia so entitled. CO., c. 54, s. 31. REMOVAL FROM REGISTER. 32. Upon the resolution of the council of the association ,^|-|;°™l.„f™'" being passed declaring that any person, in consequence of his j^niproper conviction for any offence or offences against the provisions hereof, is in the opinion of such council unfit to be on the 627 ' * Cap. 64 PHAEMACEUTICAJj ASSOCIATION s. 32 register the Lieutenant Governor may direct that the name of such person shall be erased from such register, and it shall be the duty of the registrar to erase the same accordingly. CO., c. 54, s. 32. EXCEPTIONS FEOM OPERATION OF ORDINANCE. Exceptio;is in certain cases IVledical practitioners, etc. " Sale to physicians, druggists or veterinaries Executors of registered chemist 33. Nothing herein contained shall extend to interfere with the privileges conferred upon physicians and surgeons by any Ordinance relating to the practise of medicine and surgery in the North- West Territories, and they may be registered aa pharmaceutical chemists without undergoing examination; [upon payment of the requisite fees and compliance with the rules of the association] nor shall it prevent any person what- ever from selling goods of any kind to any person legally authorized to carry on the business of an apothecary, chemist or druggist, or the profession of a doctor of medicine, physi- cian or surgeon, nor to veterinary surgeons; nor to prevent the members of such professions supplying to their patients such medicine as they may require ; and upon the decease ol any person legally authorized and actually carrying on the business of chemist and druggist at the time of his death it shall be lawful for the executors, administrators or trustee or trustees of the estate of such persons to continue such businesis so long only as such business shall be bona fide conducted by a pharmaceutical chemist. CO., c. 54, s. 33 ; 1902, c. 7, s. 6. RETURNS. General return may be required 24. The registrar whenever required by the Lieutenant Governor shall transmit to the Territorial Secretary a return certified under oath setting.forth all such information and par- ticulars relating to the Pharmaceutical Association as may from time to time be required. CO., c. 54, s. 34. SCHEDULE 1. [FORM A. North-West Pharmaceutical Association. Voting Paper for Annual Election, A.D. 190 ^' a registered pharmaceutical chemist, vote tor the sevefn persons hereinafteff named to form the memberS of the council of the North- West Territories Phar- maceutical Association : 528 Sched. 1. 2. 3. 4. 5. 6. 7. PHARMACEUTICAL ASSOCIATION Cap. 54 And I declare that I am entitled to vote at this election and am not in default in payment of my fees to the council. Dated the day of 190 Witness : 1902, c. /, s. /. FOEM B. Certificate of Registration. I hereby certify that CD., being entitled to registration, by having was on the day of A.D. 1 , duly registered as a pharma- ceutical chemist and is authorized to carry on the business of chemist and druggist in the North- West Territories of Canada from the day of A.D. 1 , to the day of A.D. 1 {Signed) E.F., Registrar of the North- W^est Territories [Seal]. Pharmaceutical Association. FORM C. Poison Sales Register. Date Name and address of purchaser Name and quantity of poison sold Purpose for which poison is required Sig^nature of purchaser Sigrnature of person intro- ducing pur- chaser Signature of seller 529 Cap. 54 PHARMACEUTICAL ASSOCIATION Sched. SCHEDULE 2. List of Poisons. — Part 1st. Aconite and its preparations. Arsenic and its preparations. Belladonna and its preparations. Cantharides. Corrosive sublimate. Cyanide of potassium and all metallic cyanides. Ergot of Rye and its preparations. Essential Oil of Almonds, unless deprived of prussic acid. Euphorbium. Opium and its preparations. Prussic acid. Savin and its oil. St. Ignatius bean. Strychnine and all its preparations. Tartar emetic. Part 2nd. Acetate of lead. Oxalic acid. Calabar beans. Carbolic acid. Chloral hydrate. Chloroform and ether. Croton oil and seeds. Elaterium, Goulard's extract. Hellebore. Henbane and preparations. Iodine. Phosphorus. Red and white precipitate. ^^erdigris. Sulphate of zinc. SCHEDULE 3. Tincture aconite in original packages. Cantharides blister. Laudanum or paregoric in original packages. Strychnine in original packages. Acetate of lead. Carbolic acitl. Hellebore. Paris green. Red precipitate. Sulphate of zinc. 530 CHAPTER 55. An Ordinance respecting Veterinary Surgeons. THE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. No person shall practise the profession of veterinary Practitioners surgery in the Territories without having first obtained from '" *"" """^'''' the Territorial Secretary a hcense as hereinafter provided entitling him to practise veterinary surgery. CO., c. 55, s. 1. [2. Such license may issue upon payment of a fee of $15 toissu=of the following persons and no others: ''"'""^ 1. Any person possessing a diploma, or certificate of admission as a veterinary surgeon in any part of His ilajesty's dominions granted by any school, college, body or association empowered by law to grant such diploma or certificate; 2. Any person possessing a diploma or certificate of admission as a veterinary surgeon in any part of the United States of America granted by any school, college, body or association recognized by the American Veterinary Medical Association as qualified to grant such diploma or certificate.] 1903, 2nd session, c. 17, s. 1. 3. Such license shall remain in force until cancelled by theDuratj^o" Lieutenant Governor in Council. CO., c. 55, s. 3. 4. Any person, other than those holding a valid license. Penalty who practises for reward veterinary surgery, except the cas- tration, spaying, [vaccinating] or dehorning of any animal, shall be guilty of an infraction of this Ordinance and upon summary conviction thereof shall pay a fine of not more than $25 and costs. CO., c. 55, s. 4; 1899, c. 10, s. 1. 531 CKTAPTBR 56. An Ordinance respecting Hotel and Boarding House Keepers. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : SHORT TITLE. t Short title 1. This Ordinance may be cited as "The Hotelkeepers' Ordi- nance." CO., c. 56, s. 1. LIEN OF HOTEL OR BOARDING HOUSE KEEPER. Rig-ht of detention and sale of goods of lodger indetited for board, etc. Disposition of surplus 2. Any hotel, boarding or lodging house keeper may seize and detain in his hotel, house, or on his premises, and before the same shall have been removed therefrom, the trunks and personal property of any j^erson who is indebted to him for board and lodgings and shall be responsible for the safe keep- ing of the same; and in addition to all remedies provided by law he shall have the right in case the charges remain unpaid for three months after the seizure thereof to sell by public auction the baggage and property of such guest, boarder or lodger, so seized, on posting and keeping posted during the period of one week on the outside of the door of such hotel, boarding or lodging house a notice of such intended sale, stat- ing the name of the guest, boarder or lodger, the amount of his indebtedness, a description of the baggage or other prop- erty to be sold, the time and place of sale, and the name of the auctioneer, and after such sale, such inn, hotel, boarding or lodging house keeper may apply the proceeds of such sale in payment of the amount due to him as aforesaid and the costs of such ach-ertising and sale; and he shall pay over the surplus if any to the person entitled thereto on application being made by him therefor; and in case appHcation therefor be not forthwith made he shall immediately pay the same to the Territorial Treasurer, to be kept by him for such owner for one year, after which time if such owner has not previously claimed the amount so kept the same shall form part of the general revenue fund of the Territories. CO., c. 56, s. 2. No lien for liquors 3. No hotel, boarding or lodging house keeper shall have a right to detain the trunks or personal property of any one, or to have a lien thereon, for wines or spirituous or fermented Uqours supphed to him or to any one else by his order. CO., c. 56, s. 3. 532 ler in certain cases S. HOTEL KEEPERS Cap. 56 LIABILITY OF HOTEL KEEPER. 4. No hotel keeper shall after the coming into force of this Limitation of Ordinance be liable to make good to any guest of such hotel hoteiueep • keeper any loss of or injury to goods or property brought to his hotel (not being a horse or other live animal or any gear appertaining thereto or anj' carriage) to a greater amount than 1200 except in the following cases, that is to say: 1. \^Tien such goods or property shall have been stolen, lost or injured through the default or neglect of such hotel keeper or any servant in his employ; 2. "When such goods or property shall have been deposited expressly for safe custody with such hotel keeper : Provided always that, in case of such deposit it shall be lawful for such hotel keeper if he thinks fit, to require as a condition to his liability that such goods or property shall be deposited in a box or other receptacle fastened and sealed by the person depositing the same. CO., c. 56, s. 4. a. If any hotel keeper shall refuse to receive for safe cus- Refusal of 1 ic j'l 1 ^fl" X hotelkceper to tody as before mentioned any goods or property of his guest, receive goods or if any such guest shall through any default of the hotel cus°to''dy'' keeper be unable to deposit such goods or property as afore- said, the hotel keeper shall not be entitled to the benefit of this Ordinance in respect of such goods or property. CO., c. 56, s. 5. ORDINAXCE TO BE POSTED. 6. Every hotel keeper shall cause to be kept conspicuously tms ordinance posted in the office and pubhc rooms in his hotel a copy of ;„ hotefs^'" this Ordinance printed or plainly written, and he shall be en- titled to the benefits of this Ordinance in respect of such goods or property only as shall be brought to his hotel while such copy shall be so posted as aforesaid. CO., c. 56, s. 6. 533 Short title CHAPTER 57. An Ordinance respecting Keepers of Livery, Boarding and Sale Stables. ^^EE Lieutena;nt Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. 1. This Ordinance may be cited as " The Livery Stable Keepers' Ordinance." CO., c. 57, s. 1. INTERPRETATION. Interpretation 3. In thls Ordinance unless the context otherwise requires: •■Liver, stable 1. Thc cxpresslon "Uvery stable keeper" means and includes ^"P"" any person who for a money consideration or the equivalent thereof carries on the business of letting or hiring out car- riages, sleighs, or other vehicles, or horses or other animals, whether with or without a carriage, sleigh or other vehicle, and whether accompanied by an employee of the livery stable keeper or not; ■•Boarding: 2. The expresslou "boarding stable keeper" means and in- eeper g^mjgg g^j^y pgj-sou who, for a money consideration or its equiva- lent, stablcp, boards or cares for any animal; ■■Sales .table 3. The exprcsslou "sales stable keeper" means and includes ^''^^^ any person who stables, boards or cares for any animal other than his own, with the intention of selling or disposing of the same, and who receives or is to receive payment for such ser- vices whether in the nature of a commission or otherwise. CO., c. 57, s. 2. LIEN OF STABLE KEEPER. ENFORCEMENT. Lien on animals ^- Evcry llvery stablc, boarding stable or sales stable keeper and effects ghall havB Su llcu ou the animals and effects hereinafter men- tioned for the value or price of any food, care, attendance or accommodation furnished for any such animal or effects and in addition to all other remedies provided by law may detain in .^d'ebtedness' hls custody aud possession any animal, vehicle, harness, fur- nishings or other gear appertaining thereto and the personal effects of any person who is indebted to him for stabUng, board- ing or caring for such animals. CO., c. 57, s. 3. Care of animal, 4. EvBry Uvcry Stable, boarding stable or sales stable keeper d^tlfnl'd^' who has exercised the right of detention by this Ordinance provided shall be obliged to keep in his possession and be 534 S. 8 LIVERY STABLE KEEPERS Cap. 57 2 responsible for the proper care of any animal or effects de- tained by him for the full period of such detention unless they shall sooner be released ; and if the owner does not reclaim the saie by animals and effects so detained by paying the indebtedness in ''"'''"' """'"'" respect of the same within one month from the commencement of such detention, the keeper detaining may sell or cause theNot.veofsaie same to be sold by pubUc auction on giving two weeks' notice of sale by advertisement in the newspaper published nearest to such stable, or if more than one newspaper be published in the same locality, then in either one and by posting up notices in the nearest post office and in the said livery or boarding stable of the intended sale, stating (if known) ; (a) The names of the owner and the person or persons who brought such animals or effects to the stable; (b) The amount of indebtedness and charges for deten- tion ; (c) A description of the animals and effects; and (d) The name of the seller. CO., c. 57, s. 4. 5. The proceeds derived from such sale shall be applied: Application of ^ '- ^ proceeds or sale (a) In paying the expenses incurred by such detention, advertising and sale; (b) In paying the debt for which such detention was made ; and the surplus if any shall be paid to the person entitled thereto on application being made by him therefor. CO., c. 57, s. 5. 6. In case such owner does not apply for the same within Balance ot^ ^ one month from the day of such sale then such surplus shall dTimed to be" be handed over to the Territorial Treasurer to be kept by him Territorial in a special trust account for one year, after which time if such '''««'^"--" owner does not appear or claim the amount so kept the same shall be paid over and belong to the general revenue fund of the Territories. CO., c. 57, s. 6. ORDINAXCE TO BE POSTED. 7. It shall be the duty of every livery stable, boarding stable copy of and sales stable keeper to have a copy of this Ordinance hung °'-^^"p"„",^t=,a or posted in a conspicuous place in every such stable and in^^'^^^ie default of compUance with this section he shall not be entitled to the benefit of this Ordinance. CO., c. 57, s. 7. PERIODICAL CLEANSING OF STABLE. 8. Everv Uvery stable, boarding stable and sales stable stable to be J *'..,n-i 1 ■ 2.1^ thoroughly keeper in the Territories shall in each and every year in the cleansed and months of April and October thoroughly cleanse all the stalls, ^l^Vfy^lf"'" mangers and feed boxes in such stable by thoroughly washing 535 Cap. 57 LIVERY STABLE KEEPERS S. 8 the same with soap and hot water and immediately afterwards thoroughly applying to every part of the same a solution of bichloride of mercury in the following proportions, namely, one half drachm to one gallon of water; and the keeper of any such stable who shall fail during each of the months aforesaid in any year to cause such cleansing to be done shall for such default or omission on summary conviction before any justice of the peace be liable for the first offence to a fine of not more than $10 and to a fine of not more than $25 for every subse- quent offence. CO., c. 57, s. 8. 536 CHAPTER 58. An Ordinance respecting Auctioneers, Hawkers and Pedlers. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows: 1. In this Ordinance the expression "hawker" or " pedler " interpretation means and includes any person who (being a principal or any •• PedTer ■' agent in the employ of any person) goes from house to house selling or offering for sale any goods, wares or merchandise or carries and exposes samples or patterns of any goods, wares or merchandise to be afterward delivered within the Territories to any person not being a wholesale or retail dealer in such goods, wares or merchandise; but shall not mean nor include any person selling meat, fish, fruit, agricultural implements, sewing machines or farm produce by retail. CO., c. 58, s. 1. 2. No person shall follow the calling or pursue the business License to of an auctioneer, hawker or pedler within the Territories with- ci^fnls""''*'" out having first obtained a license therefor, which license shall be issued by such person as the Lieutenant Governor in Council may authorize. CO., c. 58, s. 2. 3. Every applicant for a hawker's or pedler's license shall Application for as part of his application for such license furnish a statement ""'""'' in writing containing a full description of the goods, wares and merchandise which he proposes to sell or ofiev for sale under such license. CO., c. 58, s. 3. 4. On every appUcation for a license under this Ordinance Fees payable there shall be paid: (a) For a hawker's or pedler's license the sum of $25; (b) For an auctioneer's license, on first application there- for, the sum of $10 and on every subsequent con-^ secutive appUcation the sum of $5. CO., c. 58, s. 4. 5. No hawker or pedler shall sell or offer for sale any'goods, H^wUe'-s sales wares or merchandise other than those set forth in his appli- """'^ cation for license. CO., c. 58, s. 5. 6. Every license issued under this Ordinance shall expire on Duration ot the thirty-first day of December of the year in which it is issued. '''^="^" CO., c. 58, s. 6. 537 2 Cap. 58 AUCTIONEERS, HAWKERS, ETC. S. 7 Penalty 7. Any person violating the provisions of this Ordinance shall be liable, on summary conviction thereof, to a fine not exceeding $100 and costs of prosecution. CO., c. 58, s. 7. Mccpt'eT'""'^ 8. The provisions of this Ordinance shall not apply within a municipality nor shall any license be issued under the pro- visions hereof in any such municipality. CO., c. 58, s. 8. 538 CHAPTER 59. An Ordinance respecting Liens in favouf of Mechanics and others. rpHE Lieutenant Governor by and with the advice and con- _L sent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. 1. This Ordinance may be cited as "The Mechanics' Lien short t\tw Ordinance." CO., c. 59, s. 1. INTERPRETATION. 2. In this Ordinance — inteipretdtion 1. The expression "contractor" means a person contracting contractor with or employed directly by the owner for the doing of work or placing or furnishing of machinery or materials for any of the purposes mentioned in this Ordinance; 2. The expression "subcontractor" means a person not con- Subcontractor tracting with or employed directly by the owner for the pur- poses aforesaid but contracting with or employed by the con- tractor or under him by another subcontractor: 3. The expression "owner" shall extend to and include ao^ner person having any estate or interest in the lands upon or in respect of which the work is done or materials or machinery are placed or furnished at whose request and upon whose credit or on whose behalf or consent or for whose direct benefit any such work is done or materials or machinery placed or furnish- ed, and all persons claiming under him whose rights are ac- quired after the work in respect of which the lien is claimed is commenced or the materials or machinery furnished have been commenced to be furnished. [4. The expression "labourer" shall extend to and include Labourer every mechanic, artisan, machinist, miner, builder, or other person doing lalaour for wages.] CO., c. 59, s. 2; 1903, 2nd session, c. 18, s. 1. LIEN FOR WORK ON MATERIALS. 3. No agreement shall be held to deprive any one otherwise Agreement as entitled to a lien under this Ordinance and not a party to the agreement of the benefit of the lien but the lien shall attach n^htl'""'^' notwithstanding such agreement. CO., c. 59, s. 3. 4. Unless he signs an express agreement to the contrary, Nature of ikn every mechanic, machinist, builder, miner, labourer, contrac- 539 Cap. 59 MECHANICS LIENS S. 4 tor, or other person doing work upon or furnishing materials to be used in the construction, alteration or repair^ of ^ any building or erection, or .erecting, furnishing or placing machinery of any kind in, upon or in connection with any building erection or mine, shall, by virtue of being so employed or fur- nishing, have a lien for the price of the work, machinery or materials, upon the building, erection or mine, and the lands occupied thereby or enjoyed therewith, limited in amount to the sum justly due to the person entitled to the lien. CO., c. 59, s. 4. 5. The lien shall attach upon the estate and interest of the owner, as defined by this Ordinance, in the building, erection or mine, in respect of which the work is done or the materials or machinery placed or furnished and the land occupied there- by or enjoyed therewith. (2) In cases where the estate or interest charged by the lien is leasehold the land itself may also with the consent of thf- owner thereof be subject to said lien provided such consent is testified by the signature of such owner upon the claim of lien at the time of the registering thereof and duly verified. Prior mortgage (3) In casc the land upon or in respect of which any work as aforesaid is executed or labour performed or upon which materials or machinery are placed is encumbered by a prior mortgage or other charge "and the selling value of the land is increased by the construction, alteration or materials or ma- chinerjr, the lien under this Ordinance shall be entitled to rank upon the increased value in priority to the mortgage or other charge. CO., c. 59, s. 5. Property upon which lien shall attach Where estate charged is leasehold Claim for wages 6. Without prejudice to any lien which he may have under the preceding sections every mechanic, labourer, or other person who performs labour for wages upon the construction, 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 thirty days or a balance equal to his wages for thirty days. (2) The lien for wages given by this section shall attach when the labour is in respect of a building, erection or mine on property belonging to the wife of the person at whose in- stance the work is done, upon the estate or interest of the wife in such property as well as upon that of her husband. CO., c. 59, s. 6. Owner to retain 10% of contract price for 30 days 7. In all cases the owner shall in the absence of a stipula- tion 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. CO., c. 59, s. 7. 540 s. 9a mechanics' liens Cap. 59 3 8. In case the lien is claimed by a subcontractor the amount Lien ciam,ed^by which may be claimed in respect thereof shall be limited ^q""'""'"''"'"' the amount payable to the contractor or subcontractor (as the case may be) for whom the work has been done or the ma- terials or machinery have been furnished or placed. CO., c. 59, s. 8. 9. All payments up to ninety per centum of the price to be Payments made paid for the work, machinery or materials as defined by sec- witl°o°ut n^otice tion 4 of this Ordinance, made in good faith by the owner °*^'"'" to the contractor, or by the contractor to the subcontractor, or by one subcontractor to another subcontractor, before notice in writing by the person claiming the hen has been given to such owner, contractor or subcontractor (as the case may be) of the claim of such person, shall operate as a discharge pro tanto of the lien created by this Ordinance, but this section shall not apply to any payment made for the purpose of defeating or impairing a claim to a lien existing or arising under this Ordinance. (2) A hen shall in addition to all other rights or remedies given by this Ordinance also operate as a charge to the extent of ten per centum of the price to be paid by the owner for the work, machinery or materials, as defined by section 4 of this Ordinance up to ten days after the completion of the work or of the delivery of the materials in respect of which such lien exists and no longer, unless notice in writing be given as here- in provided. (3) A lien for wages for thirty days, or for a balance equal to the wages for thirty days, shall, to the extent of the said ten per cent, of the price to be paid to the contractor, have priority over all other liens under this Ordinance and over- any claim by the owner against contractor for or in conse- quence of the failure of the latter to complete his contract. CO., c. 59, s. 9. [9a. No contractor or subcontractor shaU be entitled to Receipted pay demand or receive any payment in respect of any contract posted on works where the contract price exceeds five hundred dollars until he or some person in charge of the works or improvements shall post upon the works or improvements a copy of the receipted pay roll from the hour of 12 noon to the hour of 1 p.m. on the first legal day after pay day and shall have delivered to the owner or other person acting on his behalf the original pay roll containing the names of all labourers who have done work for him upon such works or improvements with a re- ceipt in full from each of the said labourers with the amounts which were due and had been paid to each of them set op- posite -their respective names, which pay roll may be in the form E hereto and no payment made by the owner without the delivery of such pay roll shall be valid for the purpose of defeating or diminishing any lien upon such property, estate or interest in favour of any such labourer. No as- 541 4 Cap. 59 mechanics' liens s. 9a signment by the contractor or any subcontractor of any moneys due in respect to the contract shall be valid as against any lien given by this Ordinance. As to all liens except that of the contractor the whole contract price shall be payable in money and shall not be diminished by any prior or subse- quent indebtedness, setoff or counterclaim in favour of the owner against the contractor. (2) A substantial compliance only with this section shall be required and no lien shall be invalidated by reason of failure to comply with any of the requisites thereof unless in the opinion of the court or judge adjudicating upon the lien under this Ordinance the owner, contractor, subcontractor, mort- gagee or other person is prejudiced thereby and then only to the extent to which he is prejudiced and the Court or judge may allow the affidavit and statement of claim to be amended accordingly.] 1903, 2nd session, c. 18, s. 2. Lien not to 10. Save as herein provided, the lien shall not attach so as oTownrr''"*"'''^ to make the owner liable to a gi'eater sum than the sum pay- able by the owner to the contractor. CO., c. 59, s. 10. Persons having 11. All pcrsons fumishiug material to or doing labour for tffe'nln^ifou"'4 the person having a lien under this Ordinance in respect of the subject of such lien, who notify the owner of the premises sought to be affected thereby, within thirty days after such material is furnished or labour performed, of an unpaid account or demand against such lienholder for such material or labour, 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 there- upon pays the amount of such charge to the person furnish- ing material anrl doing labour as aforesaid, such payment shall be deemed a satisfaction pro tanto of such lien. CO., c. 59, s. 11. Disputes to be 12. lu casc of & dlsputc as to the validity or amount of an of arbitration"" unpaid account or demand, of which notice is given to the owner under the preceding section, the same shall be first determined by action in the Supreme Court in that behalf, or by arbitration in manner mentioned in section 14 of this Ordi- nance, at the option of the person having the unpaid accoimt or demand against the lienholder: and pending the proceed- ings to determine the dispute, so much of the amount of the Hen as is in question therein may be withheld from the person claiming the lien. CO., c. 59, s. 12. Failure to pay 13. lu casc the pcrsou primarily liable to the person giving such notice as mentioned in section 11 of this Ordinance, fails to pay the amount awarded within ten days after the award is made or judgment given, the owner, contractor, or subcon- tractor may pay the same out of any moneys due by him to the person primarily liable as aforesaid, on account of the work 542 s. 16 (2) mechanics' liens Cap. 59 5 done or mat'erials or machinery furnished or placed in respect of which the debt arose; and such payment, if made after an award or judgment, or if made without any arbitration or suit having been previously had or dispute existing, then, if the debt in fact existed, and to the extent thereof shall operate as a discharge pro tanto of the moneys so due as aforesaid to the person primarily liable. CO., c. 59, s. 13. 14. In case a claim is made by a subcontractor in respect Arbitration of of a lien on which he is entitled, and a dispute arises as to the cUim" amount due or payable in respect thereof, the same shall be settled. by arbitration. (2) One arbitrator shall be appointed by the person making the claim, one by the person by whom he was employed, and the third arbitrator by the two so chosen. (3) The decision of the arbitrators or a majority of them shall be final and conclusive. (4) In case either of the parties interested in any such dis- pute refuses or neglects within three days after notice in writing requiring him to do so, to appoint an arbitrator, or if the arbitrators appointed fail to agree upon a third, the appoint- ment may be made by a judge of the Supreme Court. CO., c. 59, s. 14. 15. During the continuance of a lien no portion of the property ^J^''^'^^, i;^„ or machinery 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 a judge thereof. CO., c. 59, s. 15. REGISTRATION OF LIEN. 16. A claim of Hen appHcable to the case may be deposited R<=gstration in the land titles office of the land registration district in which ° the land is situated and shall state: (a) The name and residence of the claimant, and of the owner of the property to be charged and of the person for whom and upon whose credit the work is done or materials or machinery furnished and the time or period within which the same was or was to be done or furnished; (6) The work done or material or machinery furnished; (c) The sum claimed as due or to become due; (d) The description of the property to be charged; (e) The date of expiring of the period of credit agreed to by the lienholder for payment for his work, matenals or machinery where credit has been given. (2) Such claim shall be verified by the affidavit of the claimant or his agent. CO., c. 59, s. 16. 543 Cap. 59 MECHANICS LIENS S. 17 Claim far wages j^. A ckim for WEges may include the claims of any num- uniting several j^^^ of mechanics, labourers or other persons aforesaid who may choose 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 substantially in accord- ance with form D in the schedule to this Ordinance shall be sufficient. CO., c. 59, s. 17. 18. The regi strar upon payment of the proper fee shall enter and register the claim as an encumbrance against the land or the estate or interest in land therein described as provided in The Land Titles Ad 1894. The said claim of Hen may be described as a mechanics' lien. CO., c. 59, s. 18. Lienhoidera 19. Where a claim is so deposited the person entitled to the 5™tX lien shall be deemed a purchaser pro tanto. CO., c. 59, s. 19. Claims to be filed as an encumbrance Time regist for ration 30. Where the lien is for wages under sections 6 or 9 of this Ordinance the claims may be registered: (a) At any time within thirty days after the last day's labour for which the wages are payable; or (6) At any time within thirty days after the completion of the construction, alteration or repair of the build- ing or erection or after the erecting or placing of the machinery in or towards which, respectively, the labour was performed and the wages earned but so that the whole period shall not exceed sixty days from the last day's labour aforesaid. (2) Such lien shall not be entitled to the benefit of the pro- visions of sections 6 and 9 of this Ordinance after the said respective periods unless the same is duly registered before the expiration of the said periods so limited. (3) Such lien shall have the same priority for all purposes after as before registration. CO., c. 59, s. 20. Time for reg^istration 21. In other cases the claim of lien may be deposited before or during the progress of the work or within thirty days from the completion thereof or from the supplying or placing the machinery. CO., c. 59, s. 21. PROCEEDINGS TO REALIZE LIEN. Actions to enforce unregistered lien Time for 32. Every lien which has not been duly deposited under the provisions of this Ordinance shall absolutely cease to exist on the expiration of the time hereinbefore limited for the regis- tration thereof unless in the meantime proceedings are insti- tuted to realize the claim under the provisions of this Ordi- nance and a certificate thereof (which may be granted by the court in which or judge before whom the. proceedings are in- stituted) is duly filed in the land titles office of the land 544 s- 26 (4) mechanics' liens Cap. 59 or none stated registration district wherein the property in respect of which the lien is claimed is situated. CO., c. 59, s. 22. 23. Every lien which has been duly deposited under the Action to provisions of this Ordinance shall absolutely cease to exist ""^'^T y after the expiration of ninety days after the work has been Time for " completed or materials or machinery furnished or wages earned or the expiry of the period of credit where such period is mentioned in the claim of lien filed unless in the meantime pro- ceedings are instituted to realize the claim under the provisions of this Ordinance and a certificate thereof (which may be granted by the court in which or judge before whom the pro- ceedings are instituted) is duly registered in the land titles office of the land registration district wherein the property in respect of which the lien is claimed is situate. CO., c ' 59 s. 23. 34. If there is no period of credit or if the date of expiry Tim« for of the period of credit is not stated in the claim so filed thep^''>dJ,V 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 mstituted pursuant to section 23 of this Ordinance CO c. 59, s. 24. 25. In all _ cases the lien may be realized in the Supreme Lie,, Court in the judicial district in which the land charged is situated sT'leme" '" according to the ordinary procedure of that court. CO., c. 59 ("""rr" s. 25. 26. Any number of lienholders may join in one action and LienhoWers any action brought by a lienholder shall be taken to be brought Son^'" on behalf of all the lienholders of the same class who shall Action have registered their liens before or within thirty days after ^;|,"/;"^ '° the commencement of the action or who shall within the said thirty days file in the proper office of the court from which the writ issued a statement of their respective claims intituled in or referring to the said action. (2) In the event of the death of the plaintiff or his refusal or Death of neglect to proceed any other lienholder of the same class who refusaUo' has registered his claim or filed his statement in the manner p™"""* and within the time above limited for that purpose may be allowed to prosecute and continue the action on such terms as may be considered just and reasonable by the court or judge. (3) In case of a sale of the estate and interest charged with Sa'e ot lanj the lien the court or judge may direct the sale to take place at any time after one month from the recovery of judgment and it shall not be necessary to delay the sale for a longer period than is requisite to give reasonable notice thereof. (4) The said court or judge may also direct the sale of any Machinery machinery and authorize its removal. 545 Cap. 59 MECHANICS LIENS S. 26 (5) Costs Class to rank pan passu (5) When judgment is given in favour of a lien the court or judge may add to the judgment the costs of and incidental to registering the lien as well as the costs of the action. (6) Where there are several liens under this Ordinance against the same property each class of the lienholders shall, subject to the provisions of sections 5, 9 and 11 of this Ordi- nance, rank pari passu for their several amounts against the said property and the proceeds of any sale shall, subject as aforesaid, be distributed amongst such _ lienholders pro rata according to their several classes and rights and they shall respectively be entitled to execution for any balance due to them respectively after said distribution. Removing (7) Upon appUcatiou the court or judge may receive secur- hen on terms .^_^ ^^ payment luto court in Ueu of the amount of the claim and may thereupon vacate the registry of the lien. Annulling (g) Thc court Or judge may annul the said registry upon Registration ^ ^ , i any other ground. (9) In any of the cases mentioned in subsections (7) and (8) the court or judge may proceed to hear and determine the matter of the said lien and make such order as seems just, and in case the person claiming to be entitled to such lien has wrongfully refused to sign a discharge thereof or without just cause claims a larger sum than is found by such court or judge to be due the court or judge may order and adjudge him to pay the costs to the other party. CO., c. 59, s. 26. Summary hearing' and determination DEATH OF LIENHOLDEE. ASSIGNMENT OF LIEN. Death of holder 37. In the event of the death of a lienholder his right of lien shall pass to his personal representatives and the right of 'ofvi'""^"^ a lienholder may be assigned by any instrument in writing. CO., c. 59, s. 27. DISCHARGE OF LIEN. Discharge of lien 38. A lien may be discharged by a receipt signed by the claimant or his agent duly authorized in writing acknowledg- ing payment and verified by affidavit antl filed, such receipt shall be numbered and entered by the registrar like other in- struments but need not be copied in any book; the fees shall be the same as for registering a claim of Hen. CO., c. 59, s. 28. Discharge to be at contractor's cost 39. When there is a contract for the prosecution of the work as hereinbefore mentioned the registration of all discharges of liens shall be at the cost of the contractor unless a court or judge otherwise orders. CO., c. 59, s. 29. 546 s. 32 mechanics' liens Cap. 59 EXECUTION AGAINST PERSON SUPPLYING MATERIAL. 30. Where any mechanic, artisan, machinist, builder, miner. Materials contractor or any other person has furnished or procured e«a,?ion°"' materials for use in the construction, alteration or repair of any building, erection or mine at the request of and for some other person, such materials shall not be subject to execu- tion or other process to enforce any debt (other than for the purchase thereof) due by the person furnishing or procuring such materials, and whether the same have or not been in whole or in part worked into or made part of such building or erection. CO., c. 59, s. 30. LIENS ON CHATTELS. 31. Every mechanic or other person who has bestowed Liens tor money or skill and materials upon any chattel or thing in the of chattels alteration and improvement of its properties or for the purpose ' " °'°"^ of imparting an additional value to it so as thereby to be entitled to a hen upon such chattel or thing for the amount or value of the money or skill and materials bestowed, shall, while such hen exists but not afterwards in case the amount to which he is entitled remiains unpaid for three months after the same ought to have been paid, have the right in addition to all other remedies provided by law to sell the chattel or thing in respect of which the lien exists on giving one month's notice by ad- vertisement in a newspaper pubUshed in the locality in which the work was done or in case there is no newspaper pubhshed in such locality or within ten miles of the place where the work was done, then by posting up not less than five notices in the most public places within the locality for one month, stating the name of the person indebted, the amount of the debt, a description of the chattel or thing to be sold, the time and place of sale, and the name of the auctioneer, and leaving a like notice in \\Titing at the residence or last known place of residence if any of the owner as the case may be or by mailing the same to him by registered letter if his address be known. (a) Such mechanic or other person shaU apply the proceeds of the sale in payment of the amount due to him and the costs of advertising and sale and shall upon application pay over any surplus to the person entitled thereto. CO., c. 59, s. 31. FORMS. 32. The forms in the schedule hereto shall be deemed suf-Forn,s ficient for the purposes specified in such schedule. CO., c. 59, s. 32. 547 10 Cap. 59 mechanics' liens Sched. SCHEDULE. FORM A. Claim of Liex. A.B., (name of claimant) of (here state residence of claimant), (if so, as assignee of state name and residence of original lien- holder), claims a lien under The Mechanics' Lien Ordinance upon the c^state of (here state the name and residence of the oivner of the land upmi which the lien is claimed) in the under- mentioned land in respect of the following work (or materials) that is to say: (here give a short description of the work done or materials furnished and for ivhich the lien is claimed) which work was (or ix to be) done (or materials furnished) for (here state the name ami residence of the person upon whose credit the work is done or mntericds fu?-nished) on or before the daj' of The following is the description of the work done (or material or machinery furnished, as the case m,ay be) : (State the work done or material or machinery furnished.) The amount claimed as due (or to become due) is the sum of $ The following is the description of the land to be charged: (here set out a concise description of the land to he charged sufficient for the purpose of registration.) ]Yhen credit has been given, insert: The said work ^^■as done (or materials were furnished) and the period of credit agi'eed to expired (or will expire) on the day of 1 . Dated at this day of A.D. 1 {Signature of Claimant.) FORM B. Claim of Liex for AYages. A.B. (name of claimant) of (here .state residence of claimard), (if so, as assignee of state name and residence of original lien- holder) claims a lien under The Mechanics' Lien Ordinance, upon the estate of (here state the name and residence of the owner of the land upon ivhich the lien is claimed) in the undermentioned land in respect of days' work performed thereon while in the employment of (here state the 548 Sched. mechanics' liens Cap. 59 11 name and residence of the person upnn ivhose credit the work- was done) on or before the day of The amount claimed as due is the sum of § The following is the description of the land to be charged: {here set out a concise description of the land to he charged sufficient for the purpose of registration.) Dated at this day of A.D. 1 {Signature of Claimant.) FORM C. Claim of Lien for Wages When Several Claimants. The following persons claim a lien under The Mechanics' Lien Ordinance upon the land of {here slate the name and resi- dence of the ovmer of the land) in respect of \vages for labour performed thereon while in employment of {here state name and residence or names and residences of employers of the several persons claiming the lien.) A.B., of {residence) ^ for days' wages. CD., of § for days' wages. E.F., of $ for days' wages.* The following is the description of tlic land to be charged: {here set out a co7icise description of the land to be charged sufficient for the purpose of registration.) Dated at the day of A.D. 1 {Signatures of the several claimants.) *[If any of the above named claimants are as.^ignees of the original lienholder that fact must be stated and the name and residence of the origincd lienholder .stated.] FORM D. Affidavit Verifying Clalai. I, A.B., named in the above {or annexed) claim do make oath that the said claim is true {or the said claim so far as it relates to me is true.) Or, We, A.B. and CD., named in the above {or annexed) claim, do make oath and each for himself saith that the said claim, so far as it relates to him, is true. 549 12 Cap. 59 MECHANICS LIENS Sched. (Where affidavit is made by agent or assignee, a clause must he added to the foUomng effect: I have full knowledge of the facts set forth in the above or annexed claim.) Sworn before me at in the North- West Territories this day f of A.D. 1 I Or, The said A.B. and CD. were severally sworn before me at in the North- West Terri- tories, this day of A.D. 1 Or, The said E.F. was sworn before 1 me at in the North- 1 West Territories, this day of A.D. 1 [FORM E. PAY ROLL. Name Descrip- tion From 5th January, 1903 to 10th January, 1903 (inclusive) c o Date of pay- ment Received payment in fuU Number of days employed Rate per day Total amount earned R Roe Six days . . $3.50 $21.00 S21.00 12th Jan. 1907 R. Roe I hereby certify that the above statement is correct to the best of my knowledge and belief' and is made by me on account of (my contract to or employment by, as the case may be), [here insert brief description of the work] for [owner's name] up to the day of 190 Dated Contractor. (Signed) day of 190 .] 1903, 2nd session, c. 18, s. 2. 550 CHAPTER (30. An Ordinance respecting Threshers' Liens. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows: 1. In every case in which any person threshes or causes to" Thresh« be threshed grain of any kind for another person, at or for aSkegraS fixed price or rate of remuneration, the person who so threshes p°?Xt the said grain, or causes the same to be threshed, shall have a right to a sufficient quantity of such grain for the purpose of securing payment of the said price or remuneration, if such grain is taken at the time when such threshing is finished [or within [sixty] days thereafter.] CO., c. 60, s. 1; 1899, c. 11, s. 1; 1901, c. 19, s. 1. 2. The quantity of grain which may be so retained shall be Quantity md a sufficient quantity, computed at the market value thereof at ti^'blf "etfi^d the nearest market, less two and one-half cents per bushel [for each ten miles between the place of threshing and the nearest market] for hauling the same to and delivering the same at the nearest available market, when sold, to pay for the threshing of all grain threshed by the person taking the grain or by his servants or agents for the owner thereof during that same season. CO., c. 60, s. 2; 1899, c. 11, s. 2. 3. The right to retain and remove such quantity of grain Lien to have shall [if exercised forthwith after the threshing is finished but^"""'' not otherwise,] prevail over all writs of execution against the owner thereof, or chattel mortgages, bills of sale, or convey- ances made by him, and over rights of distress for rent re- served upon the land upon which the grain is threshed and the person performing such work of threshing or procuring the same to be done shall be deemed a purchaser for value of the grain which he takes by virtue of this Ordinance. CO., c. 60, s. 3; 1899, c. 11, s. 3. [4. Every person who threshes any grain shall from time to Returns to time as he may be required by the commissioner of agricul- ''"''"■""^"' ture send to the department of agriculture such information and returns as may be required from him and in default of his so doing he shall on summary conviction be liable to a penalty not exceeding $25.] 1899, c. 11, s. 4. 551 TITLE VIII. COMPANIES AND KINDRED INSTITUTIONS. Short title Territorial Secretary c-r officio Registrar Interpretation Compan>" Court Judge Registrar Prospectus Prohibition of partnerships exceeding certain number CHAPTER 61. An Ordinance respecting Companies. 11HE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows: PRELIMINARY. 1. This Ordinance may be cited for all purposes as "The Companies Ordinance." 1901, c. 20, s. 1. 1. This Ordinance shall be administered by the Territorial Secretary who shall be ex officio Registrar of Joint Stock Com- panies. 1901, c. 20, s. 2. 3. In the construction of this Ordinance and of the schedules thereto and of any rules that may be made thereunder if not inconsistent with the context or subject matter: 1. "Company" shall mean a company incorporated under this Ordinance; 2. "Court" shall mean the Supreme Court of the North-West Territories and shall include a judge thereof; ■ 3. "Judge " shall mean a judge of the said Court ; 4. "Registrar" shall mean Registrar of Joint Stock Com- panies; and the expression "Registrar" or "Registrar of Joint Stock Companies" shall include the assistant or acting assistant Territorial Secretary and any person appointed by the Terri- torial Secretary as registrar of joint stock companies and his deputy and any one acting for him; 5. "Prospectus" means any prospectus, notice, circular, advertisement or other invitation offering to the public for subscription or purchase any shares, stock or debentures of a company. 1901, c. 20, s. 3. 4. No company, association or partnership consisting of more than twenty persons shall hereafter be formed for the purpose of carrying on any business to which the authority of the Legislative Assembly extends that has for its object the acquisition of gain by the company, association or partnership 552 s. 7 (b) COMPANIES Cap. 61 or by the individual members thereof unless it is registered as a company under this Ordinance or is formed in pursuance of some other Ordinance of the Legislative Assembly. 1901, c. 20, s. 4. PART I. — Constitution, Incorporation and Registration. Memorandum of Association. 5. Any three or more persons associated for any lawful Mode^of purpose to which the authority of the Legislative Assembly co^mpan> extends may by subscribing their names to a memorandum of association and otherwise complying with the requirements of this Ordinance in respect of registration form an incorporated company with or without limited liability. 1901, c. 20, s. 5. 6. The liability of the members of a company formed under Mode of this Ordinance may according to the memorandum of associa- ""' '"^ "^ " ' tion be limited either to the amount (if any) unpaid on the shares respectively held by them or to such amount as the mem- bers may respectively undertake by the memorandum of as- sociation to contribute to the assets of the company in the event of its being wound up. 1901, c. 20, s. 6. 7. Where a company is formed on the principle of having Memorandum the liability of its members limited to the amount unpaid onofrcompan" their shares (hereinafter referred to as a company limited byshlr^ ''^ shares) the memorandum of association shall contain the follow- ing things, that is to say: (a) The name of the proposed company with the addition of the word "Limited" as the last word in such name; (6) The objects for which the proposed company is to be estabUshed; (c) The place in the Territories in which the registered office of the company is proposed to be situated; (d) The time of the existence of the proposed company if it is intended to secure incorporation for a fixed period: (e) A declaration that the liability of the members is hmited; (/) The amount of capital with which the company pro- poses to be registered divided into shares of a certain fixed amount; subject to the following regulations: (a) That no subscriber shall take less than one share; (b) That each subscriber of the memorandum of associa- tion shall write opposite to his name the number of shares he takes; 553 Cap. 61 COMPANIES s. 7 (c) Memorandum of association of a company limited by g-uarantec (c) That each subscriber of the memorandum of associa- tion shall be the bona fide holder in his own right of the share or shares for which he has subscribed in the memorandum of association. 1901, c. 20, s. 7. 8. Where a company is formed on the principle of having the liability of its members limited to such amount as the members respectively undertake to contribute to the assets of the company in the event of the same being wound up (herein- after referred to as a company limited by guarantee) the memo- randum of association shall contain the following things, that is to say: (a) The name of the proposed company with the addition of the words "Limited by Guarantee" as the last words in such name; (b) The objects for which the proposed company is to be established; (c) The place in the Territories in which the registered office of the company is proposed to be situated; (d) A declaration that each member undertakes to con- tribute to the assets of the company in the event of the same being wound up during the time that he is a member or within one year afterwards for payment of the debts and liabilities of the company contracted before the time at which he ceases to be a member and of the costs, charges and expenses of winding up the company and for the adjustment of the rights of the contributories amongst themselves such amount as may be required not exceeding a specified amount. 1901, c. 20, s. 8. .Memorandum 9. Whcrc & company is formed on the principle of having StarunHmrteu uo limit placcd on the liability of its members (hereinafter company referred to as an unlimited company) the memorandum of association shall contain the following things, that is to say: (a) The name of the proposed company; (&) The objects for which the proposed company is to|be established; (c) The place in the Territories in which the registered office of the companv is proposed to be situated. 1901, c. 20, s. 9. Signature and effect of memorandum of association 10. The memorandum of association shall be signed by each subscriber in the presence of and be attested by one witness at the least; and it shall when registered bind the company and the members thereof to the same extent as if each member had subscribed his name and affixed his seal thereto and there were in the memorandum contained on the part of himself, his 554 association s. 13 COMPANIES Cap. 61 heirs, executors and administrators a covenant to observe all the conditions of such memorandum subject to the provisions of this Ordinance. 1901, c. 20, s. 10. Articles of Association. 11. The memorandum of association may in case of a com- Regulations to pany limited by shares and shall in the case of a company by artrdes''of limited by guarantee or unlimited be accompanied when regis- tered by articles of association signed by the subscribers to the memorandum of association and prescribing such regula- tions for the company as the subscribers to the memorandum of association deem expedient. The articles shall be expressed in separate paragraphs numbered arithmetically; they may adopt all or any of the provisions contained in the table marked A in the first schedule hereto; they shall in the case of a com- pany (whether limited by guarantee or unlimited) that has a capital divided into shares state the amount of capital with which the company proposes to be registered; and in the case of a company (whether limited by guarantee or unlimited) that has not a capital divided into shares state the number of members with which the company proposes to be registered for the purpose of enabling the registrar to determine the fees payable on registration. In a company limited by guarantee or unlimited and having a capital divided into shares, each subscriber shall take one share at the least and shall write opposite to his name in the memorandum of association the number of shares he takes. 1901, c. 20, s. 11. 13. In the case of a company limited by shares if the memo- A^pjjjf '°" randum is not accompanied by articles of association or in so far as the articles do not exclude or modify the regulations contained in the table marked A in the first schedule hereto the last mentioned regulations shall so far as the same are applicable be deemed to be the regulations of the company in the same manner and to the same extent as if they had been inserted in articles of association and the articles had been duly registered. 1901, c. 20, s. 12. 13. The articles of association shall be signed by each sub- s^nat^ure and^ scriber in the presence of and be attested by one witness atofassodat^ion" least. When registered they shall bind the company and the members thereof to the same extent as if each member had subscribed his name and affixed his seal thereto and there were in such articles contained a covenant on the part of himself, his heirs, executors and administra or= to - onform to all the regulations contained in such articles subject to the provisions of this Ordinance; and all moneys payable by any member of the company in pursuance of the conditions and regula:ions 555 Oap. 61 COilPANIES s. 13 of the company or any of such conditions or regulations shall be deemed to be a debt due from such member to the company in the nature of a specialty debt. 1901, c. 20, s. 13. RegMration. Registration \^ The mcuiorandum of association and articles of asso- ciation shall be delivered to the registrar who shall retain and register the same. 1901, c. 20, s. 14. Fee^ 1,5. There shall be paid to the registrar by the company having a capital divided into shares in respect of the several matters mentioned in the table marked B in the first schedule hereto the several fees therem specified or such smaller fees as the Lieutenant Governor in Council may from time to time direct; and by a company not having a capital divided into shares in respect of the several matters mentioned in the table marked C in the first schedule hereto the several fees therein specified or such smaller fees as the Lieutenant Governor in Council may from time to time direct. f2) The fees recei-\'ed under this section shall form part o" the general levenue fund of the Territories. 1901, c. 20, s. 15. Certificata of incorporation 16. Upon the registration of the memorandum of associa- tion and of the articles of association in cases where articles of association are required by this Ordinance or by tlie desire of the parties uo be registered the registrar shall certify under his hand and seal of office that the company is incorporated and in the case of a limited company that the company is limited and in the case of a mining company the liabilities of the members whereof is specially limited under section 63 hereof that the said company is so specially limited under said section 63; and such certificate shall be published in the official gazette. (2) The incorporation of the company shall take effect from the date of incorporation mentioned in the certificate of in- corporation. 1901, c. 20, s. 16. Effect of registration 17. The subscribers of the memorandum of association together with such other persons as from time to time become members of the company shall thereupon be a body corporate under the name contained in the memorandum of association capable forthwith of exercising all the functions of an incor- porated companj' and having perpetual succession and a com- mon seal with power to hold lands but with such liability on the part of the members to contribute to the assets of the com- pany in the event of the same being wound up as is hereinafter mentioned. 1901, c. 20, s. 17. 556 s. ^i COMPANIES Cap. Gl 6 18. Any certificate of the incorporation of the company Reg-istrars given by the registrar under his seal of office shall be conclu- condusfve sive evidence that all the requirements of the Ordinance in''"'^'="" respect of registration and of matters precedent and incidental thereto have been complied ^yith. (2) Any certificate of the incorporation of any company given by the registrar shall be received in e^'idencc as if it were the original certificate: and any copy of or extract from any of the documents kept and registered at the office for the registration of joint stock companies if duly "certified to be a true copy or extract under the hand of the registrar and his seal of oflice shall for all purposes be recei^ eel in evidence as of equal validity with the original document. 1901, c. 20, s. 18. 19. A copy of the memorandum of association having copies of annexed thereto the articles of association if any shall be Sciy^o^bf given forwarded to every member at his request on payment of the '° ""="'=='■'* sum of $1 or such less sum as may be prescribed by the com- pany for each copy; and if any company makes default in forwarding a copy of the memorandum of association and articles of association if any to a member in pursuance of this section the company so making default shall upon summary conviction for each offence be liable to a penalty not exceeding penait> S5; and every director, manager, secretary and officer of the company who shall knowingly and wilfully authorize or per- mit such default shall upon summary conviction be liable to the like penalty. 1901, c. 20, s. 19. 30. No company shall be registered under a name identical Pi-ohibition wi1 h that by which a subsisting company is already registered of names or so nearly resembling the same as in the opinion of the regis- trar to be calculated to deceive except in a case where such subsisting company is in the course of being dissolved and testifies its consent in such manner as the registrar requires; and if any company through inadvertence or otherwise is without such consent as aforesaid registered by a name iden- tical with that by which a subsisting company is registered or so near resembling the same as to be calculated to deceive such first mentioned company shall upon the direction of the registrar change its name. 1901, c. 20, s. 20. 31. Any company with the sanction of a special resolution change o of the company and with the approval of the registrar may"'""" change its name. 1901, c. 20, s. 21. m of new name 33. Upon the change of name of any company under the Registrar provisions of either of the two next preceding sections the """"''"" registrar shall enter the new name on the register in place of the former name and shall issue a certificate of incorporation altered to meet the circumstances of the case. 1901, c. 20, s. 22. 557 Cap. 61 COMPANIES S. 23 Effect of alteration of 33. No such alteration of name shall affect any rights or obligations of the company or render defective any legal pro- ceedings instituted or to be instituted by or against the company; and any legal proceedings may be continued or commenced against the company by its new name that might have been continued or commenced against the company by its former name. 1901, c. 20, s. 23. I'owcr of regristrar to strike names of defunct companies off the registrar 34. Where the registrar has reasonable cause to believe that a company (whether registered before or after the passing of this Ordinance) is not carrying on business or in operation he shall send to the company by post a letter inquiring whether the company is carrying on biisiness or in operation. (2) If the registrar does not within one month of sending the letter receive an answer thereto he shall within fourteen days after the expiration of the month send to the company by post a registered letter referring to the first letter and stating that no answer thereto had been received by him and that if an answer is not received to the second letter within one month from the date thereof a notice will be published in the gazette with a view to striking the name of the company off the register. (3) If the registrar either receives an answer from the company to the effect that it is not carrying on business or in operation or does not within one month after sending the second letter receive any answer thereto the registrar may publish in the gazette and send to the company a notice that at the expiration of three months from the date of that notice the name of the company mentioned therein will unless cause is shown to the contrary be struck off the register and the company dissolved. (4) At the expiration of the time mentioned in the notice the registrar may unless cause to the contrary is previously shown by such company strike the name of such company off the register and shall publish notice thereof in the gazette; and on the publication in the gazette of such last mentioned notice the company whose name is so struck off shah be dissolved : Provided that the liability if any of every director, managing officer and member of the company shall continue and may be enforced as if the company had not been dissolved. (5) If any company or member or creditor thereof feels aggrieved by the name of such company having been struck off the register in pursuance of this section the company or member or creditor may apply to the Court; and the Court if satisfied that the company was at the time of the striking off carrying on business or in operation and that it is just to do so may order the name of the company to be restored to the register; and thereupon the company shall be deemed to have 558 s. 26 COMPANIES Cap. 61 continued in existence as if the name thereof had never been struck off; and the Court may by the order give such directions and make such provisions as seem just for placing the com- pany and all other persons in the same position as nearly as may be as if the name of the company had never been struck off. (6) A letter or notice authorized or required for the purpose of this section to be sent to a company may be sent by post addressed to the company at its registered office or if no office has been registered addressed to the care of some director or officer of the company or if there be no director or officer of the company whose name and address are known to the regis- trar the letter or notice in identical form may be sent to each of the persons who subscribed the memorandum of association addressed to him at the address mentioned in the memorandum. (7) Where a company is being wound up and the registrar has reasonable cause to believe that no liquidator is acting or that the affairs of the company are fully wound up and the returns required to be made by the liquidator have not been made for a period of six consecutive months after notice by the registrar demanding the returns has been sent by post to the registered address of the company and to the liquidator at his last known place of business the provisions of this section shall apply in like manner as if the registrar had not within one month after sending the second letter in subsection 2 of this section mentioned received any answer thereto. 1901, c. 20, s. 24. PART 11. — Distribution of Capital and Liability of Members and Officers of Companies. Distribution of Capital. 25. The subscribers of the memorandum of association ofDefimt any company under this Ordinance shall be deemed to have agreed to become members of the company whose memorandum they have subscribed; and upon the registration of the company shall be entered as members on the register of members here- inafter mentioned; and every other person who has agreed to become a member of a company under this Ordinance and whose name is entered on the register of members shall be deemed to be a member of the company. 1901, c. 20, s. 25. lition oi: Nature oi interest, etc.. 36. The shares or other interest of any member in a com- _^^^^^ pany under this Ordinance shall be personal estate capable of in'cimpany being transferred in manner provided by the regulations of 559 Cap. 61 COMPANIES S. 26 the company and shall not be of the nature of real estate; and each share shall in the case of a company having a capital divided into shares be distinguished by its appropriate num- ber. 1901, 0. 20, s. 26. Register of members Pen 37. Every company under this Ordinance shall cause to be kept in one or more books a register of its members; and there shall be entered therein the following particulars: (a) The names and addresses and the occupations if any of the members of the company; with the addition in the case of a company having -a capital divided into shares of a statement of the shares held by each member distinguishing each share by its number; and the amount paid or agreed to be considered as paid on the shares of each member; (b) The date at which the name of any person was entered in the register as a member; (c) The date at which any person ceased to be a member. (2) Any company acting in contravention shall upon summary conviction be liable to exceeding $25 for every day during which its plying with the provisions of this section every director, manager, secretary and officer who shall knowingly and wilfully authorize contravention shall upon summarv conviction hke penalty. 1901, c. 20, s. 27. of this section a penalty not default in com- continues; and of the company or permit such be liable to the Transfer by personal representative 38. Any transfer of the share or other interest of a deceased member of a company under this Ordinance made by his per- sonal representative shall notwithstanding such personal repre- sentative may not himself be a member be of the same validity as if he had been a member at the time of the execution of the instrument of transfer. (2) The personal representative of a deceased member shall represent the shares or stock of such deceased member at all meetings of the company and may vote as a shareholder in respect thereof. 1901, c. 20, s. 28. Entry ot transfer b> transferor 39. A company shall on the appHcation of the transferor of any shares or interest in the company enter in its register of members the name of the transferee of such share or interest in the same manner and subject to the same conditions as if the application for such entry were made by the transferee. 1901, c. 20, s. 29. Transfer to 30. Auv trausfcr of shares in a company under this escape ,a i ,tN Qrdinance made for the purpose of avoiding or escaping the further liability of a shareholder as such for a nominal or no 560 s. 31 (3) COMPANIES oap. 61 10 consideration or to a person in the menial or domestic service of the transferor shall be deemed to be a fraudulent transfer and need not be recognized by the company or by the Court on the winding up of the company, 1901, c. 20, s. 80. 31. Every company having a capital divided into shares Annu^au^t dhall make once at least in every year a list in the form E in ° ' ^'"^ the second schedule of all persons who on the fourteenth day succeeding the day on which the ordinary general meeting or if there is more than one ordinary meeting in each year the first of such ordinary general meetings is held are members of the company ; and such list shall state the names and so far as may be possible the addresses and occupations of all the mem- bers therein mentioned and the number of shares held by each of them and shall contain a summary specifying the following particulars : 1. The amount of capital of the company and the number of shares into which it is divided; 2. The number of shares taken from the commencement of the company up to the date of the summary ; 3. The amount of calls made on each share ; 4. The total amount of calls received ; 5. The total amount of calls unpaid. 6. The total amount of shares forfeited; 7. The names, addresses and occupations of the persons who have ceased to be members since the last list was made and the number of shares formerly held by each of them ; 8. The total amount of debt due from the company in respect of all mortgages and charges ; and 9. The names and addresses of the persons who are the directors of the company at the date' of the summary. (2) The above list and summary shall be contained in a separate part of the register and shall be completed within seven days after Such fourteenth day as is mentioned in this section and shall be signed by the manager or secretary of the company and a copy shall forthwith be forwarded to the registrar. (3) Any company making default ' in complying with the Pe"aity provisions of this section with respect to forwarding such list of members or summaty as is hereinbefore mentioned to the registrar shall upon summary conviction be liable to a penalty not exceeding $2B for every day during which such default continues; and every director, manager, secretary and officer of the company who shall knowingly and wilfully authorize or permit such default shall upon summary conviction be liable to the like penalty. 1901, c. 20, s. 31 . AA 561 11 Cap. 61 COMPANIES 32 Company to give notice of consolidation, ete,, of shares 32. Every company under this Ordinance having a capital divided into shares that has consolidated and divided its capital into shares of larger amount than its existing shares or converted any portion of its capital into stock shall forth- with give notice to the registrar of such consolidation, division or conversion specifying the shares so consolidated, divided or converted and in default shall be subject to the penalty in the last section mentioned. 1901, c. 20, s. 32. Effect of coinrersion into stock 33. Where any company having a capital divided into shares has converted any portion of its capital into stock and given notice of such conversion to the registrar all the provisions of this Ordinance which are applicable to shares only shall cease as to so much of the capital as is converted into stock; and the register of the members hereby required to be kept by the company and the list of members to be forwarded to the registrar shall show the amount of stock held by each member in the list instead of the amount of shares and the particulars relating to shares hereinbefore required. 1901, c. 20, s. 33. No trust to be entered on reg^ister 34. No notice of any trust (expressed, implied or construc- tive) shall be entered on the register or be receivable by the registrar in the case of companies under this Ordinance. 1901, c. 20, s. 34. Company not bound to see to trusts, etc. Evidence of title to shares, etc. 35. The company shall not be bound to see to the execution of any trust (whether expressed, implied or constructive) in respect of any share; and the receipt of the shareholder in whose name the same stands on the books of the company shall be a valid and binding discharge to the company for any dividend or money payable in respect of such share whether or not notice of the trust has been given to the company ; and the company shall not be. bound to see to the application of the monej paid upon such receipt. 1901, c. 20, s. 35. 36. A certificate under the common seal of the company specif ving any share or shares or stock held by any membetr of a company shall be prima facie evidence of the title of the member to the share or shares or stock therein specified. 1901, c. 20, s. 36. Inspection of register 37. The register of members commencing from the date of the registration of the company shall be kept at the registered office of the company hereinafter mentioned. Except when closed as hereinafter mentioned it shall during business hours subject to such reasonable restrictions as the company in general meeting may impose but so that no less than two hours in each day be appointed for inspection be open to the inspection of any member gratis and to the inspection of any 562 s. 40 COMPANIES Cap. 61 12 other person on the payment of twenty-five cents or such less sum as the company may prescribe for each inspection and every such member or other person may require a copy of such register or of any part thereof or of such list or summary of members as is hereinbefore mentioned on payment of twenty-five cents for every hundred words required to be copied. (2) If such inspection or copy is refused the company shall for each refusal upon summary conviction be liable to a pen- alty not exceeding $10 and a further penalty not exceeding $10 for every day during which such refusal continues; and every director, manager, secretary and officer of the company who shall knowingly authorize or permit such refusal shall upon summary conviction be liable to the like penalty ; and in addition to the above penalty any judge of the Supreme Court sitting in chambers may upon summary order compel an immediate inspection of the register, 1901, c. 20. s. 37. 88. Any company under this Ordinance may upon giving closing of notice by advertisement in some newspaper circulating in the district in which the registered office of the company is situated close the register for members for any time or times not exceeding in the whole thirty days in each year. 1901, o. 20, s. 38. 39. Where a company has a capital divided into shares Notice to re£fistr3.r or (whether shares may or may not have been converted intd increase of parti taj or stock) notice of any increase in such capital beyond the members registered capital and where a company has not a capital divided into shares notice of any increase in the number of members beyond the registered number shall be given to the registrar in the case of an increase of capital within fifteen days from the date of the passing of the resolution by which such increase has been authorized and in the case of an increase of members within fifteen days from the time at which such increase of members Eas been resolved on or has taken place ; and the registrar shall forthwith record the amount of such increase of capital or members. (2) If such notice is not given within the period aforesaid the company in default shall upon summary conviction be liable to a penalty not exceeding , $26 for "every day during which such neglect to give notice continues; and every director, manager, secretary and officer of the company who shall knowingly and wilfully authorize or permit such default shall upon summary conviction be liable to the like penalty. 1901, c. 20, s. 39. 40. If the name of any person is without sufficient cause Remedy for^^^ entered in or omitted from the register of members of a,rry 0^°^^'^°^^^^ 563 13 Cap. 61 COMPANIES S. 40 company under this Ordinance or if default is made or unne- cessary delay takes place in entering in the register the fact of any person having ceased to be a member of the company the person or member aggrieved or any member of the company or the company itself may by motion in the Supreme Court or by application to a judge thereof sitting in chambers apply for an order that the register may be rectified ; and the Court or judge may either refuse such application with or without costs to be paid by the applicant or may if satisfied of the justice of the case make an order for the rectification of the register ; and may direct the company to pay all costs of such motion or application and any damages the party aggrieved may have sustained. (2) The Court or judge may in any proceeding under this section decide on any question relating to the title of any person who is a party to such proceeding to have his name entered in or omitted from the register, whether such question arises between two or more members or alleged members or between any members or alleged members and the company; and generally the Court or judge may in any such proceeding decide any question that it may be necessary or expedient to decide for the rectification of the register : Provided that the Court or judge may direct an issue to be tried in which any question of law may be raised and an appeal shall lie. 1901, c. 20, s. 40. Notice to registrar of rectification of reg-ister 41. Whenever any -order has been made rectifying the register in the case of a company hereby required to send a list of its members to the registrar the Court shall by its order direct that due notice of such rectification be given to the registrar. 1901, c. 20, s. 41. Register to be evidence 42. The register of members shall be prima focie evidence of any matters by this Ordinance directed or authorized to be inserted therein. 1901, c. 20, s. 42. Liability of Members. What liability share deemed to carry 43. Every share in any company shall be deemed and taken to have been issued and to be held subject to the payment of the whole amount thereof in cash unless the same shall have been otherwise determined by a contract duly made in writing and filed with the registrar at or before the issue of such share. 1901, c. 20, s. 43. fabTty°"„'" **• Except as hereinafter otherwise provided each share- unpaid portion holder until the whole amount of his shares, stock or other interest has been paid up shall be individually liable to the creditors of the company to an amount equal to that not paid up thereon but shall not be liable to an action therefor by any 564 s. 4:7 (b) COMPANIES Cap. 61 14 creditor before an execution against the company has been returned unsatisfied in whole or in part ; and the amount due on such execution but not beyond the amount so unpaid of his said shares, stock, or other interest shall be the amount so recoverable with costs against such shareholder. (2) Any shareholder may plead by way of defence in whole or in part any set off which he could set up against the com- pany except a claim for unpaid dividends or a salary or allow- ance as a president or a director of the company. (3) The shareholders of the company shall not as such be held responsible for any act, default or liability whatsoever of the company or for any engagement, claim, payment, loss, injury, transaction, matter or thing whatsoever related to or connected with the company beyond the unpaid amount of hheir respective shares in the capital stock thereof. 1901, <^. 20. s. 44. 45. No person holding shares, stock or other interest in the Trustees, etc company as executor, administrator, guardian or trustee shall be personally subject to liability as a shareholder; but the estate and funds in the hands of such person shall be liable in like manner and to the same extent as the testator or intestate, or the minor, ward or other person interested in the trust fund would be if living and competent to act and holding such shares, stock or other interest in his own name. 1901, c. ■20, s. 45. 46. No person holding shares, stock or other interest as Nonpersonai collateral security shall be personally subject to liability as a mort^igee or shareholder; but the person pledging such shares, stock or' Sharif' other interest as such collateral security shall be considered as holding the same and shall be liable as a shareholder in respect thereof. 1901, c. 20, s. 46. 47. In the event of a company formed under this Ordinance uaunty etc., ^ *^ r-, ' , ' 1 • J of shareholders or under any other Ordinance of the Territories being wound in case of , « 1 t . I u wmdingr up up every present and past member of such company shall be liable to contribute to the assets of the company to an amount sufficient for payment of the debts and liabilities of the company and the costs, charges and expenses of the winding up and for payment of such sums as may be required for the adjustment of the rights of the contributories amongst them- selves with the qualifications following that is to say : ,(a) No past member shall be liable to contribute to the assets of the company if he has ceased to be a member for a period of one year or upwards prior to the commencement of the winding up ; (b) No past member shall be liable to contribute in respect of any debt or liability of the company 565 16 Cap. 61 COMPANIES s. 47 (b) contracted after the time at which he ceased to be a member; (c) No past member shall be liable to contribute to the assets of the company unless it appear^ to the Court that the existing members are unable to satisfy the contributions required to be made by them in pursuance of this Ordinance; (d) In the case of a company limited by shares no contribution shall be required Irom any member exceeding the amount if any unpaid on the shares in respect of which he is liable as a present or past member ; (e) In the case of a company limited by guarantee no contribution shall be required from any member exceeding the amount of the undertaking entered into on his behalf by the memorandum of association ; (/) Nothing in this Ordinance contained shall invalidate any provision contained in any contract whereby the liability of individual members upon any such contract is restricted or whereby the funds of the company are alone made liable in respect of such contract ; (g) No sum dae to any member of a company in his character of a member by way of dividends, profits or otherwise shall be deemed to be a debt of the company payable to such member in a case of competition between himself and any other creditor not being a member of the company; but any such sum maj' be taken into account for the purposes of the final adjustment of the rights of the contributories among themselves. 1901, c. 20, s. 47. Liability of Directors. ha^'directore 48. Where a company is formed as a limited company the iTiwiitres""''^^ liability of the directors or managers of such company or the managing director may if so provided by the memorandum of association or by resolution as hereinafter provided be unlimited. 1901, c. 20, s. 48. Liability of 49. The following are the contributions to be required in the directors past , « , - , , . ^ „ -, . . ^ and present dvcnt 01 1110 T."nding Up 01 a limited company from any direa- where liability , iti-i.,.. r ./ .'^^,. is unlimited tor Or mauagor whose liability is in pursuance of this Ordin- ance unlimited : (a) Subject to the provisions hereinafter contained any such director or manager whether past or present shall in addition to his liability, if any, to contribute as an ordinary member be liable to contribute as if he 566 s- 51 (2) COMPANIES Cap. 61 16 were at the date of his commencement of the winding up a member of an unlimited company ; (6) No contribution required from any past director or manager who has ceased to hold such office for a period of one year or upwards prior to the commence- naent of the winding up shall exceed the amount if any which he is liable to contribute as an ordinary member of the company ; (c) No- contribution required from any past director or manager in respect of any debt or liability of the company contracted after the time at which he ceased to hold such office shall exceed the amount if any which he is liable to contribute as an ordinary mem^- ber of the company ; (d) Subject to the provisions contained in the regulations of the company no contribution required from any director or manager S'hall exceed the amounl if any which he is liable to contribute as an ordinary mem- ber unless the Court deems it necessary to require such contribution in order to satisfy the debts and liabili- ties of the company and the costs, charges and ex- penses of the winding up. 1901, c. 20, s. 49. 50. In the event of the winding up of any limited company d\';^^|°j;j'»''''' the Court if it thinks fit may allow to any director or manager nabSt/m^ of Such company whose liability is unlimited by way of set-off any moneys due to him from the company other than dividends or profits. 1901, c. 20, s. 50. 61. In any limited company in which in pursuance of this Notice to be Ordinance the liability of a director or manager is unlimited director on his the directors or managers of the company if any and the hifiiXiiit,^ member who proposes any person for election or appointment ' "■" ""' ""'" to such office shall add to such proposal a statement that the liability of a person holding such office will be unlimited; and the promoters, directors, manager and secretary if any of such company or one of them shall before such person accepts such office or acts therein give him notice in writing that his liability will be unlimited. (2) If any director, manager or proposer make default in adding such statement or if any promoter, director, manager or secretary make default in giving such notice he shall be liable to a penalty not exceeding $600 and he shall also be liable for any damage which the person so elected or appointed may sustain from such default but the liability of the person elected or appointed shall not be affected by such default. 1901, c. 20, s. 51. 567 . will be unlimited 17 Cap. 61 COMPANIES 6. 62 Dividends not to be issued in insolvency of company Prohibits loan to shareholder* 62. The directors of the company shall not declare or pay any dividend when the company is insolvent or any dividend the payment of which renders the company insolvent of diminishes the capital thereof ; but if any director present when such dividend is declared forthwith or if any director then absent within twenty-four hours after he has become aware thereof and able so to do enters on the minutes of the board of directors his protest against the same and within eight days thereafter causes such protest to be published in at least one newspaper published at or as near as may be possible to the head office or chief place of business of the company ^ such director may thereby and not otherwise exonerate himself from liability. 1901, c. 20, s. 52. 6S. No loan shall be made by the company to any share- holder ; and if such loan is made all directors and other officers of the company making the same and in anywise assenting thereto shall be jointly and severally liable to the company For the amount thereof and also to the third parties to the extent nf such loan with legal interest for all debts of the company contracted from the time of the making of the loan to that of the repajnnent thereof; but this section shall not apply to a building society. 1901, c. 20, s. 53. Liability of directors for wages 54. The directors of a company shall be jointly and sevei^- ally liable to the clerks, labourers, servants and apprentices thereof for -all debts not exceeding six months' wages due iot services performed for the company whilst they are such dii- rectors respectively ; but no director shall be liable to an action therefor unless the company is sued therefor within one year after the debt becomes due nor unless such director is sued therefor within one year from the time when he ceased to be such director nor unless an execution against the company is returned unsatisfied in whole or in part; and tEe amount un- satisfied on such execution shall be the amount recoverable with costs from the directors. 1901, c. 20, s. 54- Publication of prospectus Prospectus. 65. Every prospectus issued by or on behalf of any company or intended company shall state the date on which it was is^ sued ; and that date shall be taken for all purposes as the date of publication. (2) A copy of every such 'prospectus shall be signed by every person who is named therein as a director or proposed director of the company or by his duly authorized agent ; and shall be filed with the registrar on or before the date of its publication. (3) The registrar shall not register any prospectus unless it is so dated and signed; and no prospectus shall be issued until «• -56 (h) COMPANIES Cap. 6 L 18 so filed for registration; and every prospectus shall state on thfi far,« of it that it has been so filed. (4) If default is made in complying with the requirements of this section every officer and agent of the company who is party to the issue of the prospectus shall upon summary conviction, be liable to a fine not exceeding $25 for every day during which the default continues. 1901, c. 20, s. 55. 66. Every prospectus of a company must state — Contents ot (o.) The contents of the memorandum of association with the names, occupations and addresses of the signa- tories and the number of shares subscribed by them respectively ; (b) The number of shares if any fixed by the articles of association as the qualification of a director; ■(c) The names, occupations and addresses of the directors or proposed directors and the number of shares held or agreed to be taken by them respectively and whether any such share is held or agreed to be taken by any of them otherwise than in his own right as beneficial owner; (d) The minimum subscription on which the directors may proceed to commence business and the minimum amount payable on application and allotment on each share; {«) The number and amount of shares and debentures issued or agreed to be issued as fully or partly paid up otherwise than in cash ; and in the latter case the extent to which they are so paid up ; and in either case the consideration for which such shares or de^- bentures have been issued or are proposed or intended to be issued ; (/) The names and addresses of the vendors of any property purchased or acquired by tEe company or proposed so to be purchased or acquired which is to be paid for wholly or partly out of the proceeds of the issue offered for subscription by the prospectus or the purchase or acquisition of which has not been completed at the date of publication, of the prospectu? and where there is more than 'one vendor or the company is a subpurchaser the amount payable in cash, shares or debentures to each vendor ; (g) The amount if any payable as purchase money in cash, shares or debentures of any such property as aforesaid specifying the amount payable for good will if any such amount is separately payable ; (h) The amount if any payable as commission for sub- scribing or agreeing to subscribe or procuring or 569 19 Cap. 61 COMPANIES s. 66 (h) agreeing to procure subscriptions for any shares in the company or the rate of any such commission ; (i) The amount or estimated amount of preliminary expenses ; (/) The amount intended to be paid to any promoter and the consideration |or which it is to be paid; (k) The amount intended to be reserved for working capital ; (I) The dates, parties and short purport or effect of every material contract and every material fact known to any director or promoter of the company who is a party to the issue of the prospectus and a reasonable time and place at which any material contract or a copy thereof may be inspected : Provided that this requirement shall not app^ to a contract entered into in the ordinary course of business carried on or iiitended to be carried on by the company or to any contract entered into more than five years before the date of publication of the prospectus; (m) The names and addresses of the auditors if any of the company ; (fi) Full particulars of the nature and extent of the interest if any of every director in the promotion of or in the property proposed to be acquired by the company with a statement of all sums paid or agreed to be paid to him in cash or shares by any person either to qualify him as a director or otherwise for services rendered by him in connection with the formation of the company. (2) For the purposes of this section every person shall be deemed to be a vendor who has entered into any contract (absolute or conditional) for the sale or purchase of any of the property to be acquired by the company in any case where — (a) The purchase money is not fully paid at the date of publication of the prospectus ; or (b) The purchase money is to be paid or satisfied (wholly or in pairt) out of the proceeds of the issue ottered by subscription by the prospectus ; or (c) The contract depends for its fulfilment on such issue. (3) This section shall not apply to a circular or notice in- viting existing members or debenture holders of a company to subscribe for further shares or debentures; but subject as aforesaid this section shall apply to any prospectus whether issued or with reference to the formation of a company on subsequently: 570 s. 67 (a) COMPANIES Cap. 61 20 Provided that — (fl/) The requirements as to the memorandum of HsBocian tion ; and the qualilication, remuneration and interest of directors; the names, descriptions and addresses of directors or proposed directors; and the amount or estimated amount of preliminary expenses; shall not apply in the case of a prospectus published more than one year after the date at whicTi the company 18 entitled to commence business; and (h) In the case of a prospectus published more than one year after the date at which the company is entitled to commence business the obligation to disclose all material contracts shall be limited to a period of two years immediately preceding the publication o\ the prospeclus. (4) Any condition requiring or binding any applicant for shares or debentures to waive compliance with any requirel- ment of this section or purporting to affect him with notice of any comract, document or matter not speciBcally referred to in the prospectus shall be void. (5) "J^here any such prospectus as is mentioned in this section is pubLshed as a newspaper advertisement it shall not be necessary to specify the contents of the memorandum of association or ^bo pignatories thereto and the number of shares subscribed to by them. 1901 , c. 20, s. 56. 67. Where a prospectus or notice invites persons to subscribe Liability for for shares in or debentures or debenture stock of a company pros™c"us" every person who is a director of a company at the time of the issue of the prospectus or notice and every person who having " authorized such naming of him is named in the prospectus) or notice as a d:n'ctor r.f the company or as having agreed to become a director of the company either immediately or after an interval of time and every promoter of the company and every person who has authorized the issue of the prospectus or notice shall be liable to pay compensation to all persons who shall subscribe for any shares, debentures or debenture stock on the faith of such prospectus or notice for the loss or damage they may have sustained by reason of any untrue statement in the prospectus or notice or in any report or memorandum ap- pearing on the face thereof or by refersnce incorporated there- in or issued therewith unless it is proved — (a) With respect to every such untrue statement not pur- porting to be made on the authority of an expert or of a public official document or statement that he had reasonable ground to believe and did up to the time of the allotment of the stock, debentures or debenture 671 21 Cap. 61 COMPANIES s. 57 (aj stock (as the case may be) believe that the statement was true ; (b) With respect to every such untrue statement purport- ing to be a statement by or contained in what pur"- ports to be a copy of or an extract from a report or valuation by an engineer, valuer, accountant or other expert that it fairly represented the statement made by such engineer, valuer, accountant or other expert or was a correct and fair copy of or extract from the report or valuation : . Provided always that notwithstanding tKal such untrue statement fairly represented the statement made by such engineer, valuer, accountant or other expert or was a correct and fair copy of an extract from the report or valuation such director, person named, promoter o l other person who authorized the issue of the prospectus or notice as aforesaid shall be liable to pay compensation as aforesaid if it be proved that he had no reasonable ground to believe that the person making the statement, report or valuation was competent to make it; (c) With respect to every such untrue statement purport- ing to be a statement made by an official person or contained in what purports to be a copy of or extract from a public official document that it was a correct and fair representation of such statement or copy of or extract from such document or unless it is proved that having consented to become a director of the company he withdrew his consent before the issue of the prospectus or notice and that the prospectus or notice was issued without his authority or consent or thtat the prospectus was issued without his knowledge or consent and that on becoming aware of its issue he forthwith gave reasonable public notice that it was so issued without his knowledge or consent or that after the issue of such prospectus or notice and be- fore allotment thereunder he on becoming aware of any untrue statement therein withdrew his consent (hereto and caused reasonable public notice of such withdrawal and of the reason therefor to be given. (2) A promoter in this section .means a promoter who was a party to the j) reparation of the prospectus or notice or of the portion thereof containing fuch untrue statement but shall not include any y)erson by reas'^n oi his acting in a professional capacity for persons engaged in procuring the formation of the company. (3) AVhere any company existing at the passing of this Ordinance which has issued shares or debentures shall be 672 s 60 (a) COMPANIES Cap. 61 32 desirous of obtaining further capital by subscriptions for shares or debentures and for that purpose shall issue a prospectus or notice no director of such company shall be liable in respect of any statement therein unless he shall have authorized the issue of such prospectus or notice or have adopt- ed or ratified the same. (4) In this section the word " expert " includes any person whose profession gives authority to a statement made by him. 1901, c. 20, s. B7. 58. Where any such prospectus or notice as aforesaid con- where name tains the name of a person as director of the company or as befnTrnproplriy having agreed to become a director thereof and such person 'jl^l^t^f "^ ^ has not consented to become a director or has withdrawn his consent before tho issue of such prospectus or notice and naa not authorized or consented to the issue thereof the directora of the company except any without whose knowledge or con- sent the prospectus or notice was issued and any other person who authorized the issue of such prospectus or notice shall be liable to indemnify the person named as a director of the com- pany or as having agreed to become a director thereof as afore- said against all damages, costs, charges and expenses to which he may be made liable by reason of his name having been in- serted in the prospectus or notice or in defending ^ himself against any action or legal proceedings brought against him in respect thereof. 1901, c. 20, s. 58. 59. Every person who by reason of his being a director or c°"^'"''""°"= named as a director or as having agreed to become a director ™-d!--<=<^t'"-=. ="=• or of his having authorized the issue of the prospectus or notice has become liable to make any payment under the provisions of this Ordinance shall be entitled to recover contribution as in cases of contract from any other person who if sued separ- ately would have been liable to make the same payment. 1901 , c. 20, s. 59. Jsement of director 60. A person shall not be capable of being appointed direc- K«^f|,f;°;„^^°"j tor of a company by the articles of association and shall not ^dverti— .-^ be named as a director or proposed director of a company in ° any prospectus issued by or in behalf of the company unless before the registration of the articles or the publication of the prospectus (as the case may be) he has By himself or by hig agent authorized in writing : (a) Signed and filed with the registrar a consent in writ- ing to act as such director; and 573 23 Cap. 61 COMPANIES s. 60 (b> (6) EitHer signed the memorandum of association lor a number of shares not less than his qualification if any or signed and filed with the registrar a contract in writing to take from the company and pay for his qualification shares if any. (2) On the application for registration of the memorandum and articles of association of a company the applicant shall deliver to the registrar a list of the persons who have consented to be directors of the company and if this list contains the I ame of any jierson who has not so consented the applicant shall be linble on summary conviction to a fine not exceeding $200. (3) Provided that this section shall not apply to a company which does not issue any invitation to the public- to subscribe for its shares or to a prospectus issued by or on behalf o^a company after the expiration of one year from the date ai which the company is entitled to commence business. lyOl, c. 20, 8. 60. Circulating: misleading documents Penalty 6l. Where any advertisement, letter head, postal card, account or document issued, published or circulated by any corporation, association or company or any officer, agent or employee of any such corporation, association or company purports to state the subscribed capital of the company then the capital actually and in good faith subscribed and no more shall be so stated; and any such corporation, association, com- pany, officer, agent or employee who causes to be inserted an advertisement in any newspaper or who publishes, issues or circulates or causes to be published, issued or circulated any advertisement, letter head, post card, account or document which states as the subscribed capital of such company any larger sum than the amount of such subscribed capital so actually and in good faith subscribed as aforesaid or which contains any untrue or false statement as to the incorporation, control, supervision, management or financial standing of such corporation, association or company and which statement is intended or calculated or likely to mislead or deceive any per- son dealing or having any business or transaction with said corporation, association or company or with any officer, agent or employee of the association, corporation or company shall upon summary conviction be liable to a penalty not exceeding $200 and costs and in default of payment the offender being an officer, agent or employee as aforesaid shall be imprisoned for a term not exceeding three months and not less than one month ; and on a second or any subsequent conviction he may be imprisoned for a term not exceeding twelve months and not 1' e.B than three months. 1901, c. 20, s. 61. 574 s. 64 COMPANIES Cap. 61 24 PAET III. — Powers, Management and Administration. Preference Shares. 62. The directors of any company incorporated or reincor- Prefertice porated under this Ordinance may with the sanction oi a special resolution of the company previously given in general meeting create and issue any part of the capital as preference shares giving the same such preference and priority as respects dividends and otherwise over ordinary shares as may be declared by the special resolution. (2) The special resolution may provide that the holders of such preference shares shall have the right to select a certain stated proportion of the board of directors or may give them such other control over the affairs of the company as may be considered expedient. (3) Holders of such preference shares shall be shareholders within the meaning of this Ordinance and shall in all respects possess the rights and be subject to the liabilities of shares -holders within the meaning of this Ordinance : Provided however that in respect of dividends and otherwise they shall as against the original or ordinary shareholders be entitled to the preference given by any special resolution aS; aforesaid. (4) Nothing in this section shall affect or impair the rights of creditors of any company. 1901, c. 2, s. 62. Issue of shares without personal liability by Mining Companies. 63. The memorandum of association of a company incor- Mining porated or reincorporated under this Ordinance the objects iritlfsperiaiiy whereof are restricted to acquiring, managing, developing, MLharef*"'''^ working and selling uines, mineral claims and mining properties and the winning, getting, treating, refining and marketing of mineral therefrom may contain a provision that no liability beyond the amount actually paid upon shares and stocks in such company by the subscribers thereto or holders thereof shall attach to sach subscriber or holder ; and the certificate of incorporation issued under section 16 of this Ordinance shall state that the company is specially limited under this section. 1901, c. 20, s. 63. 64. Where a certificate of incorporation incorporating any shares to be 1 1 • 1. J? ^ * „ 11 specially marked such company or a license to any loreign company has been idsued containing the provisions mentioned in section 63 of this Ordinance every certificate of shares or stock issued by the company shall bear upon the face thereof distinctly written or printed in red ink after the name of the company 575 26 Cap. 63 COMPANIES 64 the words " Issued under section 63 respecting Mining Com- panies of The Companies Ordinance," and where such shares or stock are issued subject to further assessment the word " Assessable " or if not subject to further assessment the word " Nonassessable " as the case may be. 1901, c. 20, s. 64. 65. Every mining company the memorandum of association Charter, prospectuses documents of ^^ which coutalns the said provision shall have written or toblTTSaii^ printed on its charter, prospectuses, stock certificates, bonds, marked contracts, agreements, notices, advertisements and other official publications and in all bills of exchange, promissory notes, endorsements, cheques and orders for money or goods pur- porting to be signed by or on behalf of the company and in all bills of parcels, invoices, receipts and letter heads of the com,*- pany immediately after or under the name of such company and shall have engraved upon its seal the words " Nonpersonal Liability;" and every such company which refuses or know- ingly neglects to comply with this section shall incur a penalty of $20 for every day during which such name is not so kept written or printed, recoverable upon summary conviction ; and every director, manager, secretary and officer of the com- pany who knowingly and wilfully authorizes or permits such default shall be liable to the like penalty. 1901, c. 20, s. 65. Enforcement of payment of assessments on such shares 66. In the event of any call or calls on assessable shares in a company so incorporated remaining unpaid by the sub- scriber thereto or holder thereof for a period of sixty days after the notice and demand of payment such shares may be de- clared to be in default ; and the secretary of the company may advertise such shares for sale at public auction to the highest bidder for cash by giving notice of such sale in some news- paper published or circulating in the city or district wheie the principal , office of the company is situated for a period of one month ; and such notice shall contain the number of the certifi- cate or certificates of such shares and the number of shares, the amount of the assessment due and unpaid and the timfi and place of sale; and in addition to the publication of the notice aforesaid notice shall be personally served upon such subscriber or holder by registered letter mailed to his last known address ; and if the subscriber or holder of such shares shall fail to pay the amount due upon such shares with interest upon the same and cost of advertising before the time fixed for such sale the secretary shall proceed to sell the same or such portion thereof as shall suffice to pay such assessment together with interest and cost of advertising : Provided that if the price of the shares so sold exceeds the amount due with interest and cost thereon the excess shall be paid to the defaulting subscriber or holder. 1901, c. 20, s. 66. 576 s. 70. COMPANIES Cap. 61 26 67. No shareholder or subscriber for shares in any company ^haSldef on so incorporated shall be personally liable for nonpayment of ^^'^'^ ^''^■•^^ any calls made upon his shares beyond the forfeiture and sale in the event of the nonpayment of such calls of the amount if any already paid on the shares held or subscribed for; nor shall such shareholder or subscriber be personally liable ioii any debt contracted by the company or for any sum payable by the company beyond the amount if any paid by him upon such shares. 1901,' c. 20, s. 67. 68. Whenever any shares have been heretofore issued by Existing any company duly incorporated under any Ordinance as fully ''"'"p*""'^ paid up shares either at a discount or in payment for any mine, mineral claim or mining property purchased or acquired by such company or for the acquiring whereof such company has been incorporated all such shares shall except as to any debts contracted by the company before the passing of this 'Ordinance in regard to which the liability on such shares shall be the same as if this Ordinance had not been passed be deemed and held to be fully paid up and the holder thereof shall be subject to no personal liability thereon in the same manner as if the memorandum of association of the company had contained the provision aforesaid. 1901, c. 20, s. 68. Adjustment of Calls and Dividends. 69. Nothing contained in this Ordinance shall be deemed Adjustment of "to prevent any company incorporated under this Ordinance if dividends authorized by its regulations as originally framed or as altered by special resolution from doing any one or more of the fol- lowing things, namely : 1. Making arrangements on the issue of shares for a difference between the holders of such shares in the amount of calls to be paid and in the time of payment of such calls; 2. Accepting from any member of the company who assents thereto the whole or a part of the amount remain- ing unpaid on any share or shares held by him either in discharge of the amount of a call payable in respect of any other share or shares held by him or without any call having been made; 3. Paying dividend in proportion to the amount paid up on each share in cases where a larger amount is paid up on some shares than on others. 1901, c. 20, s. 69. Subdivision of Shares. 70. Any company limited by shares may by special resolu- subdivision "tion so far modify the conditions contained in its memorandum 577 27 Cap, 61 COMPANIES S. 70 of association if authorized so to do by its regulations as originally framed or as altered by special resolution as by subdivision of its existing shares or any of them to divide its capital or any part thereof into shares of smaller amount than is fixed by its memorandum of association : Provided that in the subdivision of existing shares the proportion between the amount that is paid and the amount if any which is unpaid on each share of reduced amount shall be the same aS it was in the case of the existing share or shared from which the share of reduced amount is derived. 1901, c. 20, s. 70. resolution Statement of 71. The Statement of the number and amount of the shares shares to accord . -.,, •iw-i •f.-ii i.i. with special into which the capital of the company is divided contained m every copy of the memorandum of association or any other official document issued after the passing of any special reA)- lution shall be in accordance with such special resolution ; and any company which makes default in complying with the provisions of this section shall upon summary conviction be liable to a penalty not exceeding $5 for each copy in relspect of which such default is made; and every director, manager, secretary and officer of the company who knowingly or wilfully authorizes or permits any such default shall upon summary conviction be liable to the like penalty. 1901, c. 20, s. 71. Share Warrants. Warrant of limited shares fulh- paid up or of stock may be issued to bearer 72. In the case of a company limited by shares the com- pany if authorized to do so by its regulations as originally framed or as altered by special resolution and subject to the provisions of such regulations may with respect to any share which is fully paid up or with respect to stock issue under its common seal a warrant stating that the bearer of the warrant is entitled to the share or shares of stock therein specified; and may provide by coupons or otherwise for the payment of the future dividends on the share or shares or stock included in such warrant hereinafter referred to as a share wari^ant. 1901, c. 20, s. 72. Effects of and mode of transfer of share warrant 73. A share warrant shall entitle the bearer of such warrant to the shares or stock specified in it ; and such shares or stock may be transferred by the delivery of the sfhare warrant. 1901, c. 20, s. 73. Re-reg:istration of bearer of share warrant 74. The bearer of a share warrant shall subject to the regulations of the company be entitled on surrendering sucH warrant for cancellation to have his name entered as a member in the register of members ; and the company shall be respon- sible for any loss incurred by any person by reason of the company entering in its register of members the name of any 678 s. 78 COMPANIES Cap. 61 28 bearer of a share warrant in respect of the shares or stock specified therein without the share warrant being surrendered and cancelled. 1901, c. 20, s. 74. 76. The bearer of a share warrant may if the regulations Right, of - ^ , • C3 bearer or share of the company ao provide be deemed to be a member of the warrant as •IT ■ n . - . -.V • *" member of company within the meaning of this Ordinance either to the company full extent or for such purposes as may be prescribed by the regulations : Provided that the bearer of a share warrant shall not be qualified in respect of the shares or stock specified in such warrant for being a director or manager of the company m cases where such a qualification is prescribed by the regular tions of the company. 1901, c 20, s. 76. 76. On the issue of a share warrant in respect of any share Entries in or stock the company shall strike out of its register of members cafe^ofVhare the name of the member then entered therein as holding such '"""''"' share or stock as if Ke had ceased to be a member; and shall! enter in the register the following particulars : (a) The fact of the issue of the warrant ; (b) A statement of the shares or stock included in the warrant distinguishing each Share by its number; (c) The date of the issue of the warrant ; and until the warrant is surrendered the above particulars shall be deemed to be the particulars which are required by the twenty-seventh section of this Ordinance to be entered in the register of members of a company; and on the Surrender of a warrant the date of such surrender shall be entered as if it were the date at which a person ceased to be a member. 1901, «. 20, s. 76. 77. After the issue by the company of a share warrant the ^^^^'^^"^°J^ annual summary required by the thirty -first section of this m annual Ordinance shall contain the following particulars : (a) The total amount of shares or stock for which share ftrarrants are outstanding at the date of the summary ; (b) The total amount of share warrants which have been issued and surrendered respectively since the last summary was made; and (c) The number of shares or amount of stock comprised in each warrant. 1901, c. 20, s. 77. Reduction of Capital and Shares. 78. Any company limited by shares may by special resolii- Power to reduce tion so far modify the conditions contained in its memorandum "^^''"^ •of association if authorized to do so by its regulations as 579 29 Cap. 61 COMPANIES s. 78; originally framed or as altered by special resoldtion as to reduce its capital; but no such resolution for reducing the- capital of any company shall come into operation until an order of tiie Court is registered by the registrar as is herein- after mentioned. (2) The power to reduce capital conferred by this section- shall include paid up capital ; and a power to cancel any lost capital or any capital unrepresented by available assets or to pay off any capital which may be in excess of the wants of the company ; and paid up capital may be reduced either with or without extinguishing or reducing the liability if any remaining on the shares of the company ; and to the extent to which such liability is not extinguished or reduced it shall be deemed to be preserved. 1901, c. 20, s. 78. After such reduction "and reduced" added to name 79. Every company shall after the date of the passing of any special resolution for reducing its capital add to its name until such date as the Court may fix the -^Nords "and reduced'' as the last words in its name ; and those words shall until such date be deemed to be part of the name of the company. 1901, c. 20, s. 79. Company to apply for order confirm- ing- reduction 80. A company which has passed a special resolution for reducing its capital may apply to the Court by petition for an order confirming the reduction ; and on the hearing of the peti- tion the Court if satisfied that with respect to every creditor of the company who under the provisions of this Ordinance is entitled to object to the reduction either his consent to the reduction has been obtained or his debt or claim has been discharged or has determined or has been secured as herein- after provided may make an order confirming the reduction on such terms and subject to such conditions as may seem fit. (2) Where the reduction of the capital of a company does not involve either the diminution of any liability in respect of unpaid capital or the payment to any shareholder of any paid up capital: fa) The creditors of the company shall not unless the Court otherwise direct be entitled to object or requireS to consent to the reduction; and (b) It shall not be necessary before the presentation of the petition for confirming the reduction to add and the Court may if it thinks it expedient so to do dispense altogether with the addition of the words "and reduced." (3) In any case that the Court thinks fit so to do it may require the company to publish in such manner as the Court may direct the reasons for the reduction of its capital or such other information in regard to the reduction of its capital as 680 s. 83 _ COMPANIES Cap. 61 30- the Court may think expedient with a view to giving proper information to the public in relation to the reduction of its capital by- a company and if the Court thinks fit the causes which kd to such reduction. 1901, o. 20, b. 80. 81. Where a company proposes to reduce its capital every Right of creditor of the company who at the date fixed by the Court is objectTo'" -entitled to any debt or claim which if that date were the'"'""'"" com m encement of the winding up of the company would be admissible in proof against the company shall be entitled to object to the proposed reduction and to be entered in the list of creditors who are so entitled to object. (2) The Court shall settle a list of such creditors; and for that purpose shall ascertain as far as possible without requir- ing an application from any creditor the names of such credit- ors and the nature and amount of their debts or claims; and may publish notices fixing a certain day or days within which creditors of the company who are not entered on the list are to claim to be so entered or to be excluded from the right of objecting to the proposed reduction. 1901, c. 20, s. 81, 82. Where a creditor whose name is entered on the list of Cpmt may ,.. 1-1 1 li dispense with creditors and whose debt or claim is not discharged or deter- consent of mined does not consent to the proposed reduction the Court security given. may if it thinks fit dispense with such consent on the company securing the payment of the debt or claim of such creditor by setting apart and appropriating in such manner as the Court may direct a sum of such amount as is hereinafter mentioned that is to say : 1. If the full amount of the debt or claim of the creditor is admitted by the company or though not admitted is such as the company is willing to set apart and appro- priate then the fuU amount of the debt or claim shall be set apart and appropriated ; 2. If the full amount of the debt or claim is not admitted by the company and is not such as the company is willing to set apart and appropriate or if the amount is contingent or not ascertained then the Court may if it thinks fit enquire into and adjudicate upon the validity of such debt or claim and the amount for which the company may be liable in respect thereof in the samu manner as if the company were being wound up by the Court; and the amount fixed by the Court on such enquiry and adjudication shall be set apart and appro- priated. 1901, c. 20, s. 82. I Order and minute to be 83. The registrar upon the production to him of an order | of the Court confirming the reduction of the capital of a registered company and the delivery to him of a copy of the order and 681 81 Cap. 61 COMPANIES S. 83 of a minute approved by the Court showing with respect to the capital of the company as altered by the order the amount of such capital the number of shares into whijch it is to bo divided the amount of each share and the amount if any at the date of the registration of the minute proposed to be deemed to have been paid up on each share shall register the order and minute; and on the registration the special resolution confirmed by the order so registered shall take effect. (2) Notice of such registration shall be published in such manner as the Court may direct. (3) The registrar shall certify under his hand the registra- tion of the order and minute; and his certificate shall be| conclusive evidence that all the requirements of this Ordinance with respect to the reduction of capital have been complied with and that the capital of the company is as stated in the minute. 1901, c. 20, s. 83. Minute to form part of memorandum of association 84. The minute when registered shall be deemed to be substituted for the corresponding part in the memorandum of association of the company ; and shall be of the same validity and subject to the same alterations as if it had been originally contained in the memorandum of association; and subject as in this Ordinance mentioned no member of the company whether past or present shall be liable in respect of any share to any call or contribution exceeding in amount the difference if any between the amount which has been paid on such share and the amount of the share as fixed by the minute. 1901, c. 20, s. 84.. Saving: rig^ht of creditors ignorant of proceeding 85. If any creditor who is entitled in respect of any debt or claim to object to the reduction of the capital of a company under this Ordinance is in consequence of his ignorance of the proceedings taken with a view to such reduction or of their nature and effect with respect to his claim not entered on the list of creditors and after such reduction the Company is unable within the space of three weeks after demand made to pay to the creditor the amount of such debt or claim every person who was a member of the company at the date of the registra- tion of the order and ininute relating to the reduction of the capital of the company shall be liable to contribute to the payment of such debt or claim an amount not exceeding the amount which he would have been liable to contribute if the company had commenced to be wound up on the day prior to such registration; and on the company being wound up the Court on the application of such creditor and on proof that he was ignorant of the proceedings taken with a view to the reduction or of their nature and eifect with respect to his claim may if it thinks fit settle a list of such contributories accordV ingly and make and enforce calls and orders on the contri^ 582 s. 89 (2) COMPANIES Cap. 61 32 butories settled on such list in the same manner in all respects as if they were ordinary contributories in a winding up ; but the provisions of this section shall not aifect the rights of the contributories of the company among themselves. 1901, c. 20, 8.86. 86. A minute when registered shall be embodied in every JfJn^^ife^'o'be copy of the memorandum of association issued after its regis- ^"|^°orlndum tration; and if any company makes default in complying °f^''^°'='='*'°" with the provisions of this section it shall upon Summary con- viction be liable to a penalty not exceeding $5 for each copy in respect of which such default is made ; and every director, manager, secretary and officer of the company who shall knowingly and wilfully authorize or permit such default Shall upon summary conviction be liable to the like penalty. 1901, c. 20, s. 86. 87. If any director, manager or officer of a company nam^ofcfedu wilfuUy conceals the name of any creditor- of the company 'ooyec't" who is entitled to object to the proposed reduction or wilfully misrepresents the nature or amount of the debt or claim of any creditor of the company or if any director or manager of the company aids or abets in or is privy to any such conceal- ment or misrepresentation as aforesaid every such director, manager, or officer shall for every such offence upon summary conviction be liable to a penalty not exceeding $500. 1901, c. 20, s. 87. 88. Any company limited by shares may so far modify the canceUingo^ conditions contained in its memorandum of association if """^^"^ ^'""'■^^ authorized so to do by its regulations as originally framed or as a.ltered by special resolution as to reduce its capital by cancelling any shares which at the date of the passing oi such resolution have not been taken or agreed to be taken by any person; and the provisions of the ten next preceding sections of this Ordinance shall not apply to any reduction of capital made in pursuance of this section. 1901, c. 20, b. 88. Alteration of Objects Mentioned in Memorandum of Association. 89. Subject to the provisions of this Ordinance any com- -^^^^^^^xl pany registered under this trdinance may by special resolu-ofasaociat;o„_^ tion alter the provisions of its memorandum of association so far as may be required for any of the purposes hereinafter specified ; but in no case shall any such alteration take effect until confirmed on petition by the Court. (2) Before confirming any such alteration the court must be satisfied : 533 -33 Cap. o'l COMPANIES s. 89 (a) (a) That sufficient notice has been given to every holder of debentures or debenture stock of the company and any person or class of persons whose interests will in the opinion of the Court be affected by the alteration; and (b) That with respect to every creditor who in the opinion of the Court is entitled to object and who signifies his objection in manner directed by the Court either his consent to the alteration has oeen obtained or his debt or claim has been discharged or determined or has been secured to the satisfacj- tion of the Court : Provided that the Court may in the case of any person or class of persons for special purposes dispense with the notice required by this section. . (3) An order confirming any such alteration may be on such terms and subject to such conditions as to the Court seems fit ; and the Court may make such orders as to costs as it deems proper. C4') The Court shall in exercising its discretion under the provisions of this section have regard to the rights and in- terests of the meifiberg of the company or of any class of those members as well as to the rights and interests of the creditors ; and may if it thinks fit adjourn the proceedings in order that an arrangement may be made to the satisfaction of the Court for the purchase of the interest of dissentient members; and the Court may give such directions and make such orders as it may think expedient for the purpose of facilitating any such arrangement or carrying the same into effect : Provided always that it shall not be lawful to expend any part of the capital of the company in any such purchase. S)Xmit?on ^^^ '^^^ Court may confirm either wholly or in part any such alteration as aforesaid with respect to the objects of the company if it appears that the alteration is required in order to enable the company : (a) To carry on its business more economically or more efficiently ; or (b) To attain its main purpose by new or improved means; or (c) To enlarge or change the local area of its bperations; or (d) To carry on some business which under existing cir- cumstances may conveniently or advantageously be combined with the business of the company-; or (e) To restrict or abandon any of the objecis specified in the memorandum of association. 1901, c. 20, s. 89. 684 s. 92 (2) COMPANIES Cap. 61 34- 90. Where a company has altered the provisions 'of its ^/f/j^^'^j'"" memorandum of association with reapect to the objects of the memorandum company and such alteration has been confirmed by the Court, an office copy of the order confirming such alteration together , with a copy of the memorandum of association so altered shall be delivered by the company to the registrar within fifteen davs from the date of the order; and the registrar shall register the same; and shall certify under his hand the registra- tion thereof; and his certificate shall be conclusive evidence that all the requirements of this Ordinance with respect to such alteration and confirmation thereof have been complied with; and thenceforth but subject to the provisions of this Ordinance the memorandum so altered shall be the memoran- dum of association of the company. (2) If the company makes default in delivering to the ^^"^'*y registrar any document required by this section to be delivered to him the company shall upon summary conviction be liable to a penalty not exceeding $60 for every day during which it is in default; and every director, manager, secretary and officer of the company who shall knowingly and wilfully authorize or permit such default shall upon summary con- viction be liable to the like penalty. 1901, c. 20, s. 90. Increase of Capital. 91. Any company limited by shares may so far modify the P"i*'e"- o* ^ ■^.'^ - .... certain com- cx/nditions contained m its memorandum of association if paniestoaiter authorized to do so by its regulations as originally framed or of assodaHon altered by special resolution in manner hereinafter mentioned as to increase its capital by the issue of new shares of such amount as it thinks expedient or to consolidate and divide its capital into shares of larger amount than its existing shares or to convert its existing shares into stock but save as afore- said and save as to the location of the registered office of the company and as herein provided no alteration shall be made by the company in the conditions contained in its memoran- dum of association. 1901, c. 20, s. 91. Change of Name. 92. When a company is desirous of changing its name the P;-oceedmg^s wr^ registrar'upon being satisfied that the company is in a solvent CO idition, that the change is not otherwise objectionable, that the change has been sanctioned by a special resolution of the coTupaay and lliat the notice hereinafter provided has been duly given may clianpe the name of the company to some other name. (2) The company shall give at least one month's previous notice in the gazette and in Some newspaper published or cir- culated in the locality in which the operations of the company 585 35 Cap. 61 COMPANIES s. 92 (2) are carried on of the intention to apply for the change of name and shall state the name proposed to Be adopted. (3) Such change of name shall be conclusively established by the insertion in the gazette of a notice thereof by the registrar. 1901, c. 20, s. 92. dS.ge''ornam<> 93- No coutract or engagement entered into by or with the company and no liability incurred by it shall be affected by the change of name; and all suits commenced by or against the company prior to the change of name may be proceeded with against or by the company under its former name. 1901, c. 20, s. 93. Limited com- pany may by special resolu- tion make liability of directors unlimited 9i. Any limited company may by a special resolution if authorized so to do by its regulations as originally framed or as altered by special resolution from time to time modify the conditions contained in its memorandum of association so far as to render unlimited the liability of its directors or managers or of the managing director ; and such special resolution Shall be of the same validity as if it had been originally contained in the memorandum of association; and a copy thereof shall be embodied in or annexed to every copy of the memorandum of association which is issued after the passing of the resolution; any default in this respect shall be deemed to be a default in complying with the provisions of the one hundred and twenty- fourth section of this Ordinance and shall be punished ac- cordingly. 3901, c. 20, s. 94. Contracts. Contracts how made Specialty Simple con- tracts required by law to be in writing: Contracts by parole 96. Contracts on behalf of any company incorporated under this Ordinance may be made as follows, that is to say : (a) Any contract which if made between private persons would be by law required to be in writing and if made according to the law of the Territories or of the Dominion of Canada to be under seal may be made on behalf of the company in writing under the coni- mon seal of the company ; and such contract may be in the same manner varied or discharged ; (b) Any contract which if made between private persons would be by law required to be in writing and signed "by the parties to be charged therewith may be made on behalf of the company in writing signed by any person acting under the express or implied authority oX the company ; and such contract may in the same manner be varied or discharged: (c) Any contract which if made between private persons would by law be valid although made by parole only and not reduced into writing may be made by parole on behalf of the company by any person acting under 586 s- 98 (2) COMPANIES Cap-. 61 3G the express or implied authority of the. company; and such contract may in the same manner be varied or discharged ; and all contracts made according to the provisions herein contained shall be effectual in law; and shall be binding upon the company and their successors and all other parties thereto, their heirs, executors or administrators as the case may be. 1901, c. 20, s. 95. 96. A promissory note or bill of exchange shall be deemed note^lZlm. to have been made, accepted or indorsed on behalf of any °^'""=''''"^* company under this Ordinance if made, accepted or indorsed in the name of the company by any person acting under the authority of the company or if made, accepted or indorsed by or on behalf or on account of the company by any person acting under the authority of the company. 1901, c. 20, s. 96. 97. Subject to the provisions of section 95 every contract, geneVaii'^when agreement, engagement or bargain made and every bill of ^"^\''/, ^j^ exchange drawn, accepted or indors'ed and every proinissory note and cheque made, drawn or indorsed on behalf j)f the company by any agent, officer or servant of the company in general accordance with his powers as such under the regula- tions of the company shall be binding upon the company ; and in no case shall it be necessary to have the seal of the com- pany affixed to any such contract, agreement, en gagement, bar- gain, bill of exchange, promissory note or cheque or to prove that the same was made, drawn, accepted or indorsed as the case may be in pursuance of any regulations or special resolu- tion or order; nor shall the party So acting as agent, officer or Fervant of the company be thereby subjected individually to any liability whatsoever to any third party therefor. 1901. c. 20, 8. 97. Borrowing Powers. 98. All companies under this Ordinance shall have power P°wertoborrow subject to the conditions of and in addition to all other powers secure repay- conferred by this Ordinance to borrow money for the purpose """" of carrying out the objects of their respective incorporations ; and to hypothecate, pledge or mortgage their real and personal property; to issue debentures secured by mortgages or other- wise; to sign bills, notes, contracts and other evidences of or securities for money borrowed or to be borrowed by them for the purposes aforesaid ; and to pledge debentures as security for temporary loans. (2) These powers shall not be exercised except with the sanction of a special resolution of the company previously given in general meeting. 1901, c. 20, s. 98. 587 37 Cap. tJ] COMPANIES s. 99 Provisions for Protection of Creditors. Registered -office of 99. Every company under this Ordinance shall have a registered office within the Territories to which all communica^- tions may be addressed. (2) If any company under this Ordinance carries on busi- ness without having such an office it shall upon summary con- viction be liable to a penalty not exceeding $25 for every day during which business is so carried on. 1901, c. 20, s. 99. Notice of situation ot 100. Notice of the situation of such registered office and of any change therein shall be given to the registrar and recorded by him ; and until such notice is given the company shall not be deemed to have complied with the provisions of this Ordi- nance with respect to having a registered office- 1901, c. 20, s. 100. Publication of name by a limited company 101. Every limited company under this Ordinance whether limited by shares or by guarantee shall paint or affix and shall keeji painted or affixed its name on the outside of every office or place in which the business of the company is carried on in a conspicuous position in letters easily legible; and shall have its name engraven in legible characters on its seal; and shall htve its name mentioned in legible characters in all notices, advertisements and other official publications of such company and in all bills of exchange, promissory notes, 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, ir-voices, receipts and letters of credit of the company. 1901, c. 20, s. 101. Penalties for non-publication •of name, etc. no 102. If any limited company under this Ordinance does it paint or affix and keep painted or affixed its name in manner directed by this Ordinance it shall upon summary conviction be liable to a penalty not exceeding $25 for not so painting oi* affixing its name and for every day during which sr.ch name is not so kept painted or affixed; and' every directoi; tmd manager of the company who shall knowingly' and wil- fully authorize and permit such default shall upon summary conviction be liable to the like penalty; and if any director, manager or officer of such company or any person on its behalf uses or authorizes the use of any seal purporting to be the seal of the company whereofii its name is not so engraven as afore- said or issues or authorizes the issue of any notice, advertise- ment or other official publication of such company or signs or authorizes to be signed on behalf of such company any bill of exchange, promissory note, indorsement, cheque or order for money or goods or issues or authorizes to be issued any bill of parcels, invoice, receipt or letter of credit of the company whereby its name is not mentioned in manner aforesaid he -s. 105 COMPANIES Cap. 61 38 shall upon summary conviction be liable to a penalty of $250 and shall further be personally liable to the holder of any such ='bill of exchange, promissory note, cheque or order for money or goods for the amount thereof unless the same is duly paid by the company. 1901, c. 20, s. 102. 103. Every company under this Ordinance shall keep a^^fij'f^"' register of all mortgages and charges specifically affecting property of the company; and shall enter in Such register in respect of each mortgage or charge a short description of the property mortgaged or charged, the amount of charge created, and the names of the mortgagees or persons entitled to such charge ; and if any property of the company is mortgaged with- out such entry as aforesaid being made every director, manager or officer of the company who knowingly and wil- fully authorizes or permits the omission of such entry shaU upon summary conviction be liable to a penalty not exceeding $250. (2) The register of mortgages required by this section shall be open to inspection by any creditor or. member of the comt- pany at all reasonable times ; and if such inspection is refused any officer of the company refusing the same and every direc- ior and manager of the company authorizing or knowingly and wilfully permitting such refusal shall upon summary con- viction be liable to a penalty not exceeding $26 and a further penalty of $10 for every day during which such refusial con- iiinues ; and in addition to the above penalty any judge of the jRupreme Court sitting in chambers may by summary order compel an immediate inspection of the register. 1901, c. 20, s. 103. 104. Every company under this Ordinance shall keep at g^fj^^^^^ "^^ its registered office a register containing the names and ad- dresses and the occupations of its directors or managers; and shall send tojhe registrar a copy of such register; and shall from time to time notify the registrar of any change that takes place in Such directors or managers. 1901, c. 20, s. 104. 105. If any company under this Ordinance makes default ^Z^^lylot in keeping a register of its directors or managers or in send- keepmg lag a copy of such register to the registrar in compliance with rhe foregoing rules or in notifying to the registrar any change that takes place in Such directors or managers such delinquent company shall upon summary conviction be liable to a penalty not exceeding $25 for every day during which such default continues; and every director and manager of the company who shall knowingly and wilfully authorize^ or permit such default shall upon summary conviction be liable to the like penalty. 1901, c. 20, s. 106. 589 "■ Cap. 61 COMPANIES s. 106 Prohibits carrying" on 106. If . any company under this Ordinance carries on bss than Three business whcn the number of its members is less than three members for a poriod of six months after the number has been so reduced every person who is a meiuber of such company during the time that it so carries on business after such period of six months and is cognizant of the fact that it is so carrying on business with fewer than three members shall be severally liable for the payment of the whole of the debts of the com- pany contracted during such time and may be sued for the same without the joinder in the action of suit of any other member. 1901, c. 20, s. 106. commenSmen" 107. A company shall uot commence any business orexer- of busmess ^.^ ^^^ ^jgrj-owing powers unless : (a) Shares held subject to the payment of the whole amount thereof in cash have been allotted to an amount not less in the whole than the minimum sub- scription; and (b) Every director of the company has paid to the company on each of the shares taken or contracted to be taken by him and for which he is liable to pay in cash a proportion equal to the proportion payable on applicajtion and allotment on the shares offered for public subscription; arid (c) There has been filed with the registrar a statutory declaration by the secretary or one of the directors in the prescribed form that the aforesaid conditions have been complied with. _ (2) The registrar shall on the filing of this statutory declara- tion certify that the company is entitled to commence business ; and that certificate shall be conclusive evidence that the com- pany is so entitled. (3) Any contract made by a company before the date at which it is entitled to commence business shall be provisional only ; and shall not be binding on the company until ohat 'date: and on that date it shall become binding. (4) Nothing in this section shall prevent the simultaneous offer for subscription of any shares and debentures or the receipt of any applica,tion. (5) If any company commences business or exercises bo]> rowing powers in contravention of this section every person who is responsible for the contravention shall without pre- judice to any other liability be liable to a fine not exceeding $200 for every day during which the contravention continues. (6) This section shall not apply to any company where there is no invitation to the public to subscribe for its shares. 1901, c. 20, S.I 07. 590 ti. 109 (2) COMPANIES. Cap. 61 40 108. No allotment shall be' made of any share capital of a RestncWons as jvi.j, II- 1. .. ^ '° allotment company offered to the public for subscription unless the fol- ic wing conditions have been complied with, namely : (o) The amount if any fixed by the memorandum or articles of association and named in the prospectus as a miniinum subscription upon which the directors may proceed to allotment ; or (B) If no amount is so fixed and named, then the whole amount of the share capital so offered for subscription has been subscribed and the sum payable on applica- tion for the amount so fixed and named or for the whole amount offered for subscription has been paid to and received by the company. (2) The amount so fixed and named and the whole amount aforesaid shall be reckoned exclusively of any amount payable otherwise than in cash and is in this Ordinance referred tc as the minimum subscription. (3) The amount payable on application on each share shall not be less than five per centum of the nominal amount of the share. (4) If the conditions aforesaid have not been complied with on the expiration of forty days after the first issue of the prospectus all money received from applicants for shares shall be forthwith repaid to the applicants without interest ; and if any such money is not repaid within forty-eight days after the issue of the prospectus the directors of the company shall be jointly and severally liable to repay that money with interest at the rate of five per centum per annum from the expiration of the f ort3'-eight days : Provided that a director shall not be liable if he proves that the loss of the money was not due to any misconduct or negligence on his part. (5) Any condition requiring or binding an applicant for shares to waive compliance with any requirement of this sec- tioQ shall L'O void. C6) This section except subsection (3) thereof shall not apply to anv allotment of shares subsequent to the first allot- ment of shares offered to the public for subscription. 1901, c. 20, s. 108. 109. An allotment made by a company to an applicant in Effect of contravention of the foregoing provisions of this Ordinance allotment shall be voidable at the instance of the applicant within one month after the holding of the statutory meeting of the com- pany and not later; and shall be voidable notwithstanding that the company is in course of being wound up. (2) If any director of a company knowingly contravenes or permits or authorizes the contravention of any of the fore- 591 41 Cap. 61 COMPANIES S. 109 (2) going provisiona of this Ordinance with respect to allotments- he shall be liable to compensate the company and the allottee respectively for any loss, damage or costs which the company or the allottee may have sustained or incurred thereby : Provided thu.t proceedings to recover such loss, damage or costs shall not be commenced after the expiration of two years from the date of the allotment. 1901, c. 20, s. 109. aiiotmeafs'" 110. Wheuever a coHipany limited by shares makes any allotment of its shares the company shall within one month' theneafter file with the registrar-- (a) A return of the allotments stating the number and' nominal amount of the shares comprised in the allot- ment; the names, addresses and descriptions of the- allottees ; and the amounts if any paid or due and payable on each share; and (b) In the case of shares allotted in whole or in part for a consideration other than cash a contract in writing constituting the title of the allottee to such allotment together with any contract of sale or for services or other consideration in respect of which such allot- m.ent was made ; and a return stating the number and nominal amount of shares so allotted, and the oxtent to which they are to be treated as paid up and the consideration for v^hich they have been allotted. (2) If default is made in complying with the requirements of this section every director, manager, secretary or other officer of the company who is knowingly a party to the default shall be liable to a fine not exceeding $250 for every day during which default continues. 1901, c. 20, s. 110. commissions, discounts, etc. 1X1. Upon any offer of shares to the public for subscripuon it shall be lawful for a company to pay a commission to any person in consideration of his subscribing or agreeing to subscribe whether absolutely or conditionally for any shares in the company or procuring or agreeing to procure subscriptions whether absolute or conditional for any shares in the company if the payment of the commission and the amount or rate per centum of the commission paid or agreed to be paid are respectively authorized by the articles of association and di^losed in the prospectus and the commission paid or agreed to be paid does not exceed the amount or rate so authorized. (2) Save as aforesaid no company shall apply any of its shares or capital money either directly or indirectly in pay- ment of any commission, discount or alloAvance to any person on consideration of his subscribing or agreeing to subscribe whether absolutely or conditionally for any shares in the company or procuring or agreeing to procure subscriptions whether absolute or conditional for any shares in the com- pany whether the shares or money be so applied by being 592 •-. L16 COMPANIES Cap. 61 42 added to the purchase money of any property acquired by the company or to the contract price of any work to be executed for th© company or the money to be paid out of the nominal purchase money or contract price or otherwise. (3) Nothing in this section shall affect the power of any company to pay such brokerage as it has heretofore been law- ful for a company to pay. 1901, c. 20, s. 111. Notices, etc. 112. In any action or proceeding it shall not be necessary corporate to set forth the mode of incorporation of the company other- Sf memSran'dui wise than by mention of it under its corporate name as incor- and proceedings porated or reincorporated under this Ordinance; and the memorandum and articles of association of the company or any exemplification or copy thereof certified under the hand and seal of the registrar or any copy of the gazette containing such memorandum and articles of association shall be con- clusive proof of everv matter and thing therein set forth. 1901, c. 20, s. 112. 113. A copy of any resolution of a company under its seal Certified copy and purporting to be signed by any officer of the coia-pany '^[ma/ac?" shall be prima facie evidence of such resolution. 1901, c. 20,^"''''"" 8. 113. 114-. Any summons, notice, order or other' process or docu- service on ment requiring to be served upon the company may in addition '^'""p''"^ to any other method of service from time to time provided by any Ordinance or rule of Court in that behalf be served by leaving the same at the registered office of the company with any adult person in the employ of the company or by leaving it with the president or secretary of the company or by leaving the Same at the domicile of either of them or with any aduL per- son of his family or in his employ or by sending it in a pret- paid letter addressed to the company at its registered office or if the company has no registered office or has no known pres- ident or secretary the Court may order such publication as it deems requisite to be made in the premises and such publica- tion shall be held to be due service upon the company. 1901, c. 20, s. 114. 115. Any document to be served by post on the company Rules a.^to^^^^^ shall be posted in such time as to admit of its being delivered """'"^ " ^"" in the due course of delivery within the period if any pre^ scribed for the service thereof ; and in proving service of such document it shall be sufficient to prove that such document was properly directed and that it was put as a prepaid letter into the post office. 1901, c. 20, s. 115. BB 593 43 Cap. 61 COMPANIES s. 116 rfnofcrby"" 116. Any summons, notice, order or proceeding requiring company authentication by the company may be signed by any director, secretary or other authorized officer of the company and need not be under the common seal of the company ; and the same may be in writing or in print or partly in writing and partly in print. 1901. c. 20, s. 116. Statutory Meeting. First statutory meetings of company 117. Everj'- company limited by shares shall within a period of six months from the date at which the company is entitled to commence business hold a general meeting of the members of the company which shall be called the statutory meeting. (2) The directors shall at least seven days before the day on which the meeting is held forward to every member of the company a report certified by not less than two directors of the company or where there are less than two directors by the sole director and manager stating: (a) The total number of shares allotted distinguishing shares allotted as fully or partly paid up otherwise than in cash ; and stating in the case of shares partly paid up th© extent to which they are so paid up ; and in either case the consideration for which they have been allotted; (b) The total amount of cash received by the company in respect of Such shares distinguished as aforesaid; (c) An abstract of the receipts and payments of the company on capital account to the date of the report ; and an account or estimate of the preliminary expenses of the company ; (d) The names, addresses and descriptions of the direct- ors, auditors if any, manager if any and secretary of the company; and (e) The particulars of any contract the modification of which is to be submitted to the meeting for its ap- proval ; together with the particulars of the modi- fication or proposed modification. (3) The report shall so far as it relates to the shares allotted by the company and to the cash received in respect to such shares and to the receipts and payment of the company on capital account be certified as correct by the auditors if any of the company. (4) The directors shall cause a copy of the report certified as by this section required to be filed with the registrar forth- with after the sending thereof to the members of the company. (5) The directors shall cause a list showing the names, descriptions, and addresses of the members of the company 594. s. 118 (5) COMPANIES Cap. 61 44 and the number of shares held by them respectively to be pro- duced at the commencement of the meeting and to remain open and accessible to any member of the company during the con- tinuance of the meeting. (6) The members of the company present at the meeting shall be at liberty to discuss any matter relating to the forma- tion of the company or arising out of the report whether pre- vious notice has been given or not ; but no resolution of which notice has not been given in accordance with the articles of association may be passed. (7) The meeting may adjourn from time to time ; and at any such adjourned meeting any resolution of which notice has been given in accordance with the articles of association either before or subsequently to the former meeting may be passed ; and the adjourned meeting shall have the same powers as an original meeting. (8) If default is made in filing such report as aforesaid or in holding the statutory meeting then at the expiration of fourteen days after the last day on which the meeting ought to have been held any shareholder may petition the Court for the winding up of the company ; and upon the hearing of the petition the Court may either direct that the company be wound up or give directions for the report being filed or a meeting being held or make such' other order as may be just ; and may order that the costs of the petition be paid by any persons who in the opinion of the Court are responsible for the default. 1901, c. 20, s. 117. 118. A general meeting of every company under this Ordi- nance shall be held once at least in every year. (2) Notwithstanding anything in the regulations of a company the directors shall on the requisition of the holders of not less than onertenth of the issued capital of the company upon which all calls and other Sums then due have been paid forthwith proceed to convene an extraordinary meeting of the company. (3) The requisition must state the objects of the meeting and must be signed by the requisitionists and deposited at the office of the company; and may consist of several documents in like form each signed by one or more requisitionists. (4) If the directors of the company do not proceed to cause a meeting to be held within twenty-one days from the date of the requisition being so deposited the requisitionists or a majority of them in value may themselves convene the meeting ; but any meeting so convened shall not be held after three months from the date of such deposit. (B) If at any such meeting a resolution requiring confirma- tion at another meeting is passed the directors shall forth- 595 meetings 46 Cap. 61 COMPANIES S. 118 (6) Alteration ot regulations by special _ resolution Special resolutions with convene a further extraordinary general meeting for the purpose of considering the resolution and if thought fit of confirming it as a special resolution; and if the directors* do not convene the meeting within seven days from the date oil the passing of the first resolution the requisitionistd or a majority of them in value may themselves convene thg meeting. (6) Any meeting convened under this section by the requi- sitionists shall be convened in the same manner as nearly as possible as that in which meetings are to be convened by directors. 1901, c. 20, s. 118. 1 19. Subject to the provisions of this Ordinance and to the conditions contained in the memorandum of association any company formed under this Ordinance may in general meet- ing from time to time by passing a special resolution in man- ner hereinafter mentioned alter all or any of the regulations of the company contained in the articles of association or in the table marked A in the first schedule where such table is applicable to the company or make new regulations to the exclusion of or in addition to all or any of the regulations of the company; and any regulations so made by special resolu- tion shall be deemed to be regulations of the company of th€i same validity as if they had been originally contained in the articles of association ; and shall be subject in like manner to be altered or modified by any subsequent special resolution. 1901. c. 20, s. 119. 120. A resolution passed by a company under this Ordi- nance shall be deemed to be special whenever a resolution has been passed by a majority of not less than three-fourths of such members of the company for the time being entitled according to the regulations of the company to vote as may be present in person or by proxy in cases where by the regula- tions of the company proxies are allowed at -any general meeting of which notice specifying the intention to propose such resolution has been duly given ; and mich resolution has been confirmed by a majority of such members for the time being entitled according to the regulations of the company to vote as may be present in person or by proxy at a subsequent general meeting of which notice has been duly given and held at an interval of not less than fourteen days nor more than one month from the date of the meeting at which such resolution was first passed. (2) At any meeting mentioned in this section unless a poll is demanded by at least five members a declaration of the chairman that the rpsolution has been carried Shall be deemed conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against the same. 596 a 123 (2) COMPANIES Cap. 61 46 (3) Notice of any meeting shall for the purposes of this section be deemed to be duly given and the meeting to be duly held whenever Such notice is given and meeting held in manner prescribed by the regulations of the company. (4) In computing the majority under this section when a poll is demanded reference shall be had to the number of votes to which each member is entitled by the regulations of the company. 1901, c. 20, s. 120. 121. In default of any regulations as to voting every mem- Provisions ber shall have one vote; and in default of any regulations as TeguTatlons to summoning general meetings a meeting shall be held to ^' '" ™''"^ be duly summoned of which seven days' notice in writing has been served on every member in manner in which notices are required to be served by the table marked A in the first sche- dule hereto ; and in default of any regulations as to the person to summon meetings five members shall be competent to sum- mon the same; and in default of any regulations as to who is to be chairman of such meeting it shall be competent for any person elected bv the members present to preside. 1901, c. 20, s. 121. 122. A copy of any special resolution that is passed by any Registration company under this Ordinance shall be forwarded to thOreso^Sti^n registrar and be recorded by him. (2) If such copy is not forwarded within fifteen days from the date of the confirmation of the resolution the company shall upon summary conviction be liable to a penalty not exceeding $10 for every day after the expiration of such fifteen days during which such copy is omitted to be forward- ed; and every director, manager and officer of the company who shall knowingly and wilfully authorize or permit such default shaft upon summary conviction be liable to the like penalty. 1901, c. 20, s. 122. 123. Where articles of association have been registered a spociai copy of every special resolution for the time being in force b?en"b'odied" shall be annexed to or embodied in every copy of the articles 'a^l'od'atlon.'^or of aFsociation that may be issued after the passing of snch S'tere'" resolution and where no articles of association have been registered a copy of any special resolution shall be forwarded to any member requesting the same on payment of twenty-five cents or such less sum as the company may direct. (2) If any company makes default in complying with the provisions of this section it shall upon summary conviction be liable to a penalty not exceeding $5 for each copy in respect of which such default is made ; and every director and man- ager of the company who shall knowingly and wilfully authorize or permit such default shall upon summary conviction be liable to the like penalty. 1901, c. 20, s. 123. 597 47 Power of attorney by company Cap. 61 COMPANIES s. 124 124. Any company under this Ordinance may by instru- ment in writing under its common seal empower any person either generally or in respect of any specified matters as its attorney to execute deeds on its behalf in any place situate within or without the limits of the Territories; and every deed signed by such attorney on behalf of the company and under his seal shall be binding on the company and have the same effect as if it were under the common seal of the company. 1901, c. 20, s. 124. Inspectors. Inspectors appointed by Lieutenant Governor in Council on application 126. The Lieutenant Governor in Council may appoint one or more competent inspectors to examine into the affairs of any company under this Ordinance and to report thereon in such manner as the Lieutenant Gov.ernor in Council may direct upon the applications following, that is to say: (a) In the case of any company that has a capital divided into shares upon the application of members holding not less than one-fifth of the whole shares of the company for the time being issued ; (b) In the case of any company not having a capital divided into shares upon the application of members being in number no less than one-fifth of the whole number of persons for the time being entered on the register of the company as members. 1901, c. 20, s. 126. On what application to be based 126. The application shall be supported by such evidence as the Lieutenant Governor in Council may require for the purpose of showing that the applicants have good reason for requiring such investigation to be made and that they are not actuated by malicious motives in instituting the same; the Lieutenant Governor in Council may also require applicants to give security for paymeint of the costs of the enquiry before appointing any inspector or inspectors. 1901, c. 20, s. 126. OflBcers, etc., to produce booka. etc._. for inspection 127. It shall be the duty of all officers and agents of the company to produce for the examination of the inspectors all books and documents in their custody or power; and any inspector may examine upon oath the officers and agents of the company in relation to its business and may administer such oath accordingly. (2) If any officer or agent refuses to produce any book or document hereby directed to be produced or to answer any question relating to the affairs of the company he shall upon summary conviction be liable to a penalty not exceeding $25^ m respect of each offence. 1901, c. 20, s. 127. 598 s. 131 (4) COMPANIES Cap. 61 48 128. Upon the coflclusion of the examination the inspectors ^^p°'^ shall report the result of the same to the Lieutenant Governor in Council ; and a copy of such report shall be forwarded by the Territorial Secretary to the registered office of the company; and a further copy shall at the request of the members upon whose application inspection is made be delivered to them or to any one or more of them. (2) All expenses of and incidental to any such examination ^''P'^""^' as aforesaid shall be. defrayed by the members upon whose application the inspectors were appointed unless the Lieuten- ant Governor in Council shall direct the same to be paid out of the assets of the company which he is hereby authorized to do. 1901, c. 20, s. 128. 129. Any company under this Ordinance may by special appointed resolution appoint inspectors for the purpose of examining resofutTcTn iato the affairs of the company; and the inspectors so ap- pointed shall have the same powers and perform the same duties as inspectors appointed by the Lieutenant Governor in Council with this exception that instead of making their report to the Lieutenant Governor in Council they shall make the same in such manner and to such persons as the company in general meeting directs ; and the officers and agents' of the company shall incur the same penalties in case of any refusal to produce any book or document hereby required to be pro- duced to such inspectors or to answer any question as they would have incurred if such inspector hall been appointed by the Lieutenant Governor in Council. 1901, c. 20, s. 129. 130. A copy of the report of any inspectors appointed under ^""^LMity this Ordinance authenticated by the seal of the company into f/j'ff °,'^^.'" whose affairs they have made the inspection shall be admis- ':eed;ngs sible in any legal proceedings as evidence of the opinion of the inspectors in relation to any matter contained in such report, 1901, c. 20, s. 130. Audit. 131. Every company shall at each annual general meeting X"^'"'"* appoint an auditor or auditors to hold office until the next annual g»neral meeting. (2) If an appointment is not made at an annual general' meeting the registrar may on the application of any member of the company appoint an auditor of the company for the current year and fix the remuneration to be paid to him by the company for his services. (3) A director or officer of the company shall not be capable of being appointed auditor of the company. (4) The first auditors of the company may be appointed by the directors before the statutory meeting; and if so appointed 599 49 Cap. 61 COMPAA'IES 131 (4) fihall hold office until tln3 first annual general meeting unless previously removed by a resolution of the shareholders in general nieeting in which case the shareholders at such meet- ing may appoint auditors. (5) The directors of the company may fill any casuaJ vacancy in the office of auditor ; but while any such vacancy continues the surviving or continuing auditor or auditors if any may act. 1901, c. 20, s. 131. Remuneration of auditors 132. Subject to the provisions of the next preceding section the remuneration of the auditors of a company shall be fixed by the company in general meeting ; except that the remuneration of any auditors appointed before the statutory meeting or to fill any casual vacancy may be fixed by the directors. 1901, c. 20, s. 132. Rights and duties of auditors Evidence oi proceeding's at meetings 133. Every auditor of a company shall have a right of access at all times to the books and accounts and vouchers of the company and shall be entitled to require from the direct- ors and officers of the compan)?^ such information and ex- planation as may be necessary for the performance of the duties of the auditors ; and the auditors shall sign a certificate at the foot of the balance sheet stating whether or not all their requirements as auditors have been complied with; and shall make a report to the shareholders on the accounts examined by them and on every balance sheet laid before the company in general meeting during their tenure of office ; and in every such report shall state whether in their opinion the balance sheet referred to in their report is properly drawn up so as to exhibit a true and correct view of the state of the company's affairs as shown by the books of the company ; and such report shall be read before the company in general meeting. 1901, c, 20, s. 133. Legal Proceedings. 134. Every company under this Ordinance Shall cause minutes of all resolutions and proceedings of general meetings of the company an d of the directors and managers of the company in cases where there are directors or managers to be duly entered in the books to be from time to time provided for the purpose; and any such minute as aforesaid if pur-i porting to be signed by the chairman of the meeting at which such resolutions were passed or proceedings had or by the chairman of the next succeeding meeting shall be received as evidence in all legal proceedings; and until the contrary is proved every genera] meetin^^' of the company or meeting of directors or managers in respect of proceedings of which minutes have been so made shall be deemed to have been duly held and convened and all resolutions passed thereat or pro- 600 s. 138 COMPANIES Cap. 61 BO ceedings had to have been duly passed and had and all ap- pointments of directors, managers or liquidators shall be deemed to be valid ; and all acts done by such directors, man- agers or liquidators shall be valid notwithstanding any de- fect that may afterwards be discovered in their appointments or qualifications. 1901, c. 20, s. 134. 135. Where a company under this Ordinance is plaintiff in p^^'y'''f^j°"" any action, suit or other legal proceeding any judge ^^"v^i^^^g ^ost^^i^n^^Ttam jurisdiction in the matter may if it appears by any credible cases testimony that there is reason to believe that if the defendant be successful in his defence the assets of the company will be insufficient to pay his costs require sufficient security to be given for such costs and may stay all proceedings until such security is given. 1901, c. 20, s. 13B. 186. In any action or suit brought by a company under Declaration in . , n action against this Ordinance against any member to recover any call or member other moneys due from such member in his character of mem- ber it shall not be necessary to set forth the special matter but it shall be sufficient to allege that the defendant is a member of the company and is indebted to the company in respect of a call made or other moneys due whereby a right of action or suit hath accrued to the company. 1901, c. 20, s. 136. False Statement. 137. If any person in any return, report, certificate, bal- Penalty for ?nc6 sheet or other document required by or for the purposes of this Ordinance wilfully makes a statement false in any material particular knowing it to be false he shall be liable on summary ccnviction to a penalty not exceeding $500 or to imprisonment for a term not exceeding four months or to both fine and imprisonment. 1901, c. 20, s. 137. Arbitraiion. 188. Any company under this Ordinance may from time Power to to time by writing under its common seal agree to refer and refe?matter° may refer to arbitration in accordance with The Arbitration Ordinance any existing or future difference, question or other matter whatsoever in dispute between itself and any other company or person; and the parties to the arbitration may delegate to the person or persons to whom the reference is made power-to settle any terms or to determine any matter capable of being lawfully settled or determined by the companies themselves or by the directors or other managing body of such companies. 1901, c. 20, s. 138. 601 61 Cap. 61 COMPANIES s. 139 App'^'cation of 139, A.11 the provisions of The Arbitration Ordinance shall Ordinance be deemed to apply to arbitrations between companies and persons in pursuance of this Ordinance. 1901, c. 20, s. 139. GovernOTin l^^. Thc fotms Set forth in the second schedule hereto or Council may f orms as near thereto as circumstances admit shall be used in alter forms m schedule all matter to which such forms refer. (2) The Lieutenant Governor in Council may from time to time make such alterations in the forms in the second schedule or make such additions to the said forms as may be requisite. (3) Any alteration or any form when altered shall be published in the gazette; and upon such publication beipg made such alteration or such form shall have the same force as if it were included in the schedule to this Ordinance and shall be substituted in or for the form it alters. 1901, c. 20, B. 140. PAET IV. — Application to Existing Companies. Existing com- 14-1. Any company heretofore incorporated by any special reg^ster^^ Ordinance of the Territories or by letters patent under the provisions of any Ordinance of the Territories may register itself under this Ordinance as a company limited bv shares. 1901, c. 20, s. 141. Procedure for registration 142. The procedure for registering any existing company of"exi»tinEr shall bo as follows : company 1. If it is not desired to make any alteration in the name, objects or capital of the company nor to provide for a new allotment of shares the directors may apply to the registrar to have the company registered ; 2. If the directors should desire to change the name of ihe company or to extend its objects or to increase or reduce its capital or to provide for a new allotment of shares they shall call a meeting of the shareholders of the company by sending to each shareholder through the post in a prepaid letter addressed to him at his registered place of abode seven days' notice at the least specifying the place, the day and the hour of meeting and containing a copy of the resolution to be sub- mitted to such meeting and such resolution shall contain, particulars of the proposed alterations ; 3. In case it shall be resolved by a vote of not less than two-thirds in value of the shareholders present in person or by proxy at such meeting that the company be registered under this Ordinance in manner specified the directors shall apply to the registrar to have the company so registered. 1901, c. 20, s. 142. 602 s. 144 (3) COMPANIES Cap. 61 52 148. When an existing company applies for registration Application under this Ordinance there shall be delivered to the registrar by^-'n"""" the following documents duly verified : company 1. A list showing the names, addresses and occupations of all persons who on a day named on such list and not being more than ten clear days before the day of registration were members of such company with the addition of the shares held by such persons respectively distinguishing in cases where such shares are numbered each share by its number; 2. The names of the directors of such company ; 3. A copy of any letters patent, certificate or other instru- ment constituting or regulating the company or if incorpor- ated by a special Ordinance a reference to such Ordinance and any amendments thereto ; 4. A statement verifying the following particulars, that is to say: (a) The nominal capital of the company and the number of shares into which it is divided ; (b) The number of shares taken and the amount paid on each share; (c) The name of the company with the addition of the word "Limited" as th© last word thereof; 5. A memorandum of association or a statement that the letters patent or special Ordinance of incorporation as the case may be shall be treated as a memorandum of association and articles of association if desired executed in the same manner and containing the same particulars as are necessary upon the first registration of a company ; 6. A copy of the resolution if any passed at the meeting of the company referred to in the preceding section. 1901, c. 20, S.443. 144. Where an existing company applies for registration as Power to _ *-' ••in J? "j.l_ existing: coin- aforesaid the memorandum of association shall conform with pany to vary the terms of the resolution of the company ; and may if so company, etc., authorized extend, vary or limit the powers and objects of the "ra'tfon^^^' old company ; and the certificate of registration may be issued to the new company by the name of the old company or by any other name in which the last word shall be "Limited." (2) Where an existing company applies for registration as aforesaid the capital of the company may be increased or -decreased to any amount which may be fijced by the resolution of the company authorizing such resolution. (3) The said resolution may prescribe the manner in which the shares or stock in the new company are to be allotted ; and 603 53 Cap. 61 COMPANIES s. 144 (3) Certificate of registration ofexistingr company in default' of its so doing the control of the allotment shall vest absolutely in the directors of the new company. (4) Whenever the registrar considers that public notice of an intended application as aforesaid should be given he may require such notice to be published in the gazette or otherwise as he thinks proper. (5) The registrar may further require evidence of the exist- ence of a company applying for registration as aforesaid. 1901, c. 20, s. 144. Certificate of incorporation to be conclusive evidence 145. Upon compliance by an existing company with the aforesaid requirements the registrar shall certify under his hand that the company so applying for registration is incor- porated as a company under this Ordirtance and that it is limited; and thereupon such company shall be incorporated! and shall have perpetual succession and a common seal with power to hold lands. 1901, c. 20, s. 145. 146. A certificate of incorporation given at any time to any company registered in pursuance of this part of this Ordinance shall be conclusive evidence that all the requirements herein contained in respect of registration under this Ordinance have been complied with ; and that the company is authorized to be registered under this Ordinance as a limited company ; and the date of incorporation mentioned in such certificate shall be deemed to be the date at which the company is incorporated under this Ordinance. 1901, c. 20, s. 146. Jro'i^e'rtvto 1^7. AH such property real and personal including all company iuterests and rights in, to and out of property real and personal and including obligations and things in action as may belong to or be vested in the company at the date of its registration under this Ordinance shall on registration pass to and vest in the company as incorporated under this Ordinance for all the estate and interest of the company therein. 1901, c. 20, s. 147. Registration not to affect obligation previousl)- incurred 148. The registration in pursuance of this part of thisi Ordinance of any company shall not affect or prejudice the liability of Such company to have enforced against it or its right to enforce any debt or obligation incurred or any con- tract entered into, by, to, with or on behalf of such company previous to such registration. 1901, c. 20, s. 148. oSstlng"" 119- ^11 such actions and other legal proceedings as may actions ^i ^YiQ time of the registration of any company registered in! pursuance of this part of this Ordinance have been commenced by or against such company or any officer or member thereof may be continued in the same manner as if such registration had not taken place; ne.vertheless execution shall not issue against the effects of any individual member of such company 604 s. 162 (a) COMPANIES Cap. 61 64 upon any judgment, decree or order obtained in any action, suit or proceeding so commenced as aforesaid; but in the event _ of the property and effects of the company being insufficient, to satisfy such judgment, decree or order an order may be obtained for winding up the company. 1901, c. 20, s 149. ' " ' Repeal. 160. Chapter 61 of The Consolidated Ordinances i89SRepeai intituled An Ordinance respecting the Incorporation of Joint Stock Compamies, chapter 62 of The Consolidated Ordinances 1898 intituled An Ordinance to authoriz^i the changing of the names _ of Incorporated Companies and chapter 64 of The Consolidated Ordinances 1898 intituled An Ordinance respecting Mining Companies, chapter 12 of the Ordinances of 1899 and chapter 17 of the Ordinances of 1900 amending chapter 61 of The Consolidated Ordinances 1898 and chapter 19 of the Ordinances of 1900 amending chapter 64 of The, Consolidated Ordinances 1898 are hereby repealed : Provided that such repeal shall not affect — (a) Anything duly done under any of the said repealed Ordinances ; (6) The corporate existence of any company incorporated under the said repealed Ordinances ; (c) Any right or privilege acquired or liability incurred under any of the said repealed Ordinances ; (d) Any conveyance, transfer, mortgage, deed or other instrument made in pursuance ol the said repealed Ordinances. 1901, c. 20, s. 150. 151. Every company incorporated under the said Ordi-* compulsory nances hereby repealed or under any general Ordinance of the ''''^"''■''''°" Territories relating to the incorporation of joint stock com- panies shall register itself as a company under this Ordinance ^ on or before the first day of July, 1902. (2) No fees shall be charged in respect of the registration of any company required to register by this section except in respect of increase of capital. 1901, c. 20, s. 151. 152. If any company required by the preceding section to Penalty for register under this Ordinance makes default in complying re^sferfng" with the provisions thereof then from and after the date upon which such company is required to register under this Ordi- nance until the day on which such company is registered under this Ordinance which it is empowered to do at any time the following consequences shall ensue, that is to say : (o) The company shall be incapable of suing but shall not be incapable of being made a defendant to a suit ; 605 66 Cap. 61 ooMi-ANiES s. 152 (b) (6) No dividend shall be payable to any shareholder in such company; (c) Each director or manager of the company shall for each day during which the company so being in default carries on business on summary conviction be liable to a penalty not exceding $26 ; nevertheless such default shall not render the company bo being in default an illegal one nor subject to any penalty or disability other than as specified in this section. 1901, c. 20, g. 162. FIEST SCHEDULE. TABLE A. — Regulations for Management of a Company Limited by Shares. Shares. T'lueA^^"^" (^) -"-^ several persons are registered as joint holders of any shares any of such persons may give effectual receipts for any dividend payable in respect of such shares. (2) Every member shall on payment of twenty-five cents or such less sum as the company in general meeting may pre- scribe be entitled to a certificate under the common seal of the company specifying the share or shares held by him and the amount paid up thereon. (3) If such certificate is worn out or lost it may be renewed on payment of twenty-five cents or such less sum as the company in general meeting may prescribe. Calls on Shares. (4) The directors ma}' from time to time make such calls upon the members in respect of all moneys unpaid on their shares as they think fit provided that thirty days' notice at least is given of each call and each member shall be liable to pay the amount of calls so made to the persons and at the time and place appointed by the directors. (5) A call shall be deemed to have been made at the time when the resolution of the directors authorizing such call was passed. (6) If the call payable in respect of any share is not paid before or on the day appointed for payment thereof the holder for the time being of such share shall be liable to pay interest for the same at the rate of five per cent, per annum from th« day appointed for the payment thereof to the time of the actual paymeut. 606 Sched. COMPANIES Cap. 61 B6 (7) The directors may if they think fit receive from any ^'^ member willing to advance the same all or any part of the moneys due upon the shares held by him beyond the sumB actually called for ; and upon the money so paid in advance oB so much thereof as from time to time exceeds the amount of the calls then made upon the shares in respect of which such advance has been made the company may pay interest at such rate as the member paying such sum in advance and the directors may agree upon. Transfer of Shares. (8) The instrument of transfer of any shares in the company shall be executed both by the transferor and the transferee ' and the transferor shall be deemed to remain a holder of such share until the name of the transferee is entered in the register book in respect thereof. (9) Shares in the company shall be transferred in the following form!: I, A.B., of , in consideration of the sum of dollaij paid to me by CD. of , do hereby transfer to the said CD. the shares {or shares) numbered standing in my name in the books of the company to hold unto the said CD., his executors, administrators and assigns subject to the several conditions on which I held the same at the time of the execution hereof ; and I, the said CD., do hereby agree to take the said share (or shares) subject to the same conditions. As wit^^ess our hands the day of (10) The company may decline to register any transfer of shares made by a member who is indebted to it. (11) The transfer books shall be closed during the fourteen days immediately preceding the ordinary general meeting in each year. Transmission of Shares. (12) The executors or administrators of a deceased member shall be the only persons recognized by the company as having any title to his share. (13) Any person becoming entitled to a share in conse- quence of the death or insolvency of any memljer may be registered as a member upon such evidence being produced as may from time to time be required by the company. (14) Any person who has become entitled to a share in consequence of the death or insolvency of any member may instead of being registered himself elect to have some person to be named by him registered as a transferee of such share 607 rst schedule able A 57 Cap. 61 coMPANiEb Sched. First schedule Table A (15) The person so becoming entitled shall testify such election by executing to his nominee an instrument of transfer of such share. (16) The instrument of transfer shall be presented to the company accompanied with such evidence as the directors may require to prove the title of the transferor and there- upon the company shall register the transferee as a member. Forfeiture of Shares. (17) If any member fails to pay any call on the day appointed for the payment thereof the directors may at any time thereafter during such time as the call remains unpaid serve a notice on him requiring him to pay such call together with interest and any expenses that may have accrued by reason of such nonpayment. (18) The notice shall name a further day on or before which such call and all interest and expenses that may have accrued by reason of such nonpayment are to be paid. It shall also name the place where payment is to be made the place so named being either the registered office of the company or some other place at which calls of the company are usually made payable. The notice shall also state that in the event of nonpayment at or before the time and at the place appointed the shares in respect to which such call was made will be liable to be forfeited. (19) If the requisitions of any such notice as aforesaid are iiot complied with any share in respect of which such notice has been given may at any time thereafter before payment uf all calls, interest and expenses due in respect thereof has been made be forfeited by a resolution of the directors to that effect. (20) Any share so forfeited shall be deemed to be the, property of the company and may be disposed of in such manner as the company in general meeting thinks fit. (21) Any members whose shares have been forfeited shall notwithstanding be liable to pay to the company all calls owing upon such shares at the time of the forfeiture. (22) An affidavit that the call in respect of a share was made and notice thereof given and that default in payment of the call was made and that the forfeiture of the share was made by resolution of the directors to that effect shall be sufficient evidence of the facts therein stated as against all persons entitled to such share and such affidavit and the receipt of the company for the price of such share shall con- stitute a good title to such share and the certificate of proprie- torship shall be delivered to the purchaser and thereupon he shall be deemed the holder of such share discharged from all ■calls due prior to such purchase and he shall not be bound to 608 Sched. ^ COMPANIES Cap. 61 58 see to the application of the purchase money nor shall his title '^i^\ schedule to such share be affected by any irregularity in the proceed- ings in reference to such sale. Conversion of Shares into Stock. (23) The directors may with the sanction of the company previously given in general meeting convert any paid up shares into stock. (24) When any shares have been converted into stock 'the several holders of such stock may thenceforth transfer their respective interests therein or any part of such interests in the same manner and subject to the same regulations as and 'subject to which any shares in the capital may be transferred or as near thereto as cii'cumstances admit. (25)_ The several holders of/ stock shall be entitled to participate in the dividends and profits of the company according to the amount of their respective interest in such stock; and such interest shall in proportion to the amount thereof confer on the holders thereof respectively the same privileges and advantages for the purpose of voting at meetings of the company and for other purposes as would" have been conferred by shares of equal amouni; in the capital of the company; but so that none of such privileges or advantages except the participation in the dividends and profits of the company shall be conferred by any such aliquot part of consolidated stock as would not if existing in shares iiave conferred such privileges or advantages. Increase in Capital. (£6) The directors may with the sanction of a special resolution of the company previously given in general meeting increase its capital by the issue of new shares Such aggregate increase to be of such amount and to be divided into shares of such respective amounts as the company in general meeting directs or if no direction is given as the directors may think expedient. (27) Subject to any direction to the contrary that may be given by the meeting that sanctions the increase of capital all new shares shall be offered to the members in proportion to the existing shares held by them and such offer shall be made by notice specifying the number of shares to which the member is entitled and limiting the time within which the offer if not accepted will be deemed to be declined ; and after the expiration of such time or on the receipt of an intimation from the member whom such notice is given that he declines to accept the shares offered the directors may dispose of the same in such manner as they think most beneficial to the -company. 609 69 Cap. 61 COMPANIES Sched. First schedule (28) Ahv Capital raised by the creation of new shares shall '"'"'^ be considered as part of the original capital and shall be subject to the same provisions with reference to the payment of the calls and the forfeiture of shares or nonpayment of calls or otherwise as if it had been part of the original capital. General Meetings. (29) The first general meeting shall be held at such time not being more than four months after the registration of the company and at such place as the directors may deter- mine. (30) Subsequent general meetings shall be held at such, time and place as may be prescribed by the company in general meeting; and if no other time or place is prescribed a general meeting shall be held- on the first Monday in Feb- ruary every year at such place as shall be determined by the directors. (31) The above mentioned general meetings shall be called ordinary meetings; all other meetings shall be called extra- ordinary. (32) The directors may whenever they think fit and they shall upon a requisition made in writing by not less than one- fifth in number of the members of the company convene an extraordinary general meeting. (33) Any requisition made by the members shall express the object of the meeting proposed to be called and shall be left at the registered office of the company. (34) Upon the receipt of such requisition the directors shall forthwith proceed to convene an eixtraordinary general meet- ing. If they do not proceed to convene the same within twentyi-one days from the date of the requisition the requi- sitionists or any -other members amounting to the required number may themselves convene an extraordinary general meeting. Proceedings at General Meeting. (35) Seven days' notice at the least specifying the place, the day and the hour of meeting and in case of special business the general nature of such business shall be given to the members in manner hereafter mentioned or in such other manner if any as may be prescribed by the company in general meeting but the nonreceipt of such notice by any member shall not invalidate the proceedings at any general meeting. (36) All business shall be deemed special that is trans- acted at an extraordinary meeting and all that is transacted at an ordinary meeting with the exception of sanctioning a 610 Sched. COMPANIES Cap. 61 GO dividend and the consideration of the accounts, balance sheets 'P<"t schedule and the ordinary report of the directors. ^'"''''^ ^ (37) No business shall be transacted at any general meeting except the declaration of a dividend unless a quorum of mem- bers is present at the time when the meeting proceeds to busi- ness; and such quorum shall be ascertained as follows, that is to say : If the persons' who have taken shares in the com- pany at the time of the meeting do not exceed ten in number the quorum shall be three; if they exceed ten there shall be added to the above quorum one for every five additional mem- bers up to fifty and one for every ten additional mem- bers after fifty with this limitation that no quorum shall in any case exceed twenty. (38) If within one hour from the time appointed for a meetr ing a quorum is not present the meeting if convened upon the requisition of members shall be dissolved. In any other case it shall stand adjourned to the same day in the next week at the same time and place; and if at such adjourned meeting a quorum is not present it shall be adjourned sine die. (39) The president of the company shall preside as chaii^ man at every general meeting of the company. (40) If there is no such chairman or if at any meeting he is net present -within fifteen minutes after the time appointed for holding the meeting the members present shall choose some one of their number to be chairman. (41) The chairman may with the consent of the meeting adjourn any meeting from time to time and from place to place but no business shall be transacted at ,3,ny adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. (42) At any general meeting unless a poll is demanded by at least three members a declaration by the chairman that a resolution has been carried and an entry to that effect in the book of proceedings of the company shall be sufficient evi- dence of the fact without proof of the number or proportion of the vot«s recorded in favour of or against such resolution. (43) If a poll is demanded by three or more members it shall be taken in such manner as the chairman directs and the result of such poll shall be deemed to be the resolution of the company in general meeting. In case of an equality of votes at any general meeting the chairman shall be entitled to a second or casting vote. Votes of Members. (44) Every member shall have one vote for every share up to ten ; he shall have an additional vote for every five shares beyond the first ten shares up to one hundred and an addi- 611 61 Cap. 61 COMPANIES Sched.. TaWel''*''"''' tional vote for every ten shares beyond the first hundred shares. (46) If any member is a lunatic or idiot he may vote by his .committee, curator bonis or other legal curator or guardian. (46) If one or more persons are jointly entitled to a share or shares the member whose name stands first in the register of members as one of the holders of such share or shares and no other shall be entitled to vote in respect of the same. (47) No member shall be entitled to vote at any general meeting unless all calls due from him have been paid and no member shall be entitled to vote in respect of any share that he has acquired by transfer at any meeting held after the expiration of three months from the registration of the company unless he has been possessed of the share in respect of which he claims to vote for at least three months previously to the time of holding the meeting at which he proposes to vote. (48) Votes to be given either personally or by proxy. (49) The instrument appointing a proxy shall be in writing under the hand of the appointor or if such appointor is a corporation under their common seal and shall be attested by one or more witness or witnesses. No person sh&ll be ap- pointed a proxy who is not a member of the company. (50) The instrument appointing a proxy shall be deposited at the registered office of the company not less than twenty- four hours before the time for holding the meeting at which the person named in such instrument proposes to vote ; but no instrument appointing a proxy shall be valid after the expira- tion of twelve months from the date of its execution. C51) Any instrument appointing a proxy shall be in the following form : Company, Limited. I, , of , being a member of the Company, Limited, and entitled to vote Lor votes] hereby appoint of as my proxy to vote for me and on my behalf at the [ordinary or extraordinary as the case may be] general meeting of the company to be held un the day of and at any adjournment thereof [or at any meeting of the company that may bf held in the year ]. As witness my liand this day of ■ Signed by the said in the presence of Directors. (62) The number of the directors and the names of the first directors shall be determined by the subscribers of the memorandum of association. 612 Sched. COMPANIES Cap. 61 62 1,63) Until directors are appointed the subscribers of me TawVA ^^"'^ memorandum of association shall be deemed to be directors. (54) The future remuneration of the directors and their remuneration for services performed previously to the first general meeting Shall be determined by the company in general meeting. Powers of Directors. (66) The business of the company shall be managed by the directors who may pay all expenses incurred in getting up and registering the company and may exercise all such powers of the company as are not by the foregoing Ordinance or by these articles required to be exercised by the company in general meeting subject nevertheless to any regulations of these articles, to the provisions of the foregoing Ordinance and to such regulations being not inconsistent with the aforesaid regulations or provisions as may be prescribed by the comr pany in general meeting ; but no regulation made by the com- pany in general meeting shall invalidate any prior act of the directors which would have been valid if such regulation had not been mad©. (66) The continuing directors may act notwithstanding any vacancy in their body. Disqualification of Directors. (67) The office of the director shall be vacated — If he holds any other office or place of profit unSer the company ; If he becomes insolvent ; If he is concerned in or participates in the profits of any contract with the company. But the above rules shall be subject to the following ex- ceptions : That no director shall vacate his office by reason of his being a member of any company which has entered into contracts with or done any work for the com- pany of which he is a director; nevertheless he shall not vote in respect of such contract or work ; and if he does so vote his vote shall not be counted. Rotation of Directors. (68) At the first ordinary meeting after the registration of the company the whole of the directors shall retire from office; and at the first ordinary meeting in every subsequent year one-third of the directors for the time being or if their num- 613 63 Cap. 61 COMPANIES Sched. First schedule bgr is not & Hiultlple of three then the number nearest to one- Table A i . iT /v> third shall retire from oflice. (59) The one-third or other nearest number to retire during the first and second years ensuing the first ordinary meeting of the company shall unless the directors agree among them- selves be determined by ballot; in every subsequent year the one-third or other nearest number who have been longest in office shall retire. (60) A retiring director shall be re-eligible. (61) The company at the general meeting at which any directors retire in manner aforesaid shall fill up the vacated offices by electing a like number of persons. (62) If at any meeting at which an election of directors ought to take place the places of the vacating directors are not filled up the meeting shall stand adjourned till the same day in the next week at the same time and place; and if at such adjourned meeting the places of the vacating directors are not filled up the vacating directors or such of them as have not had their places filled up shall continue in office until the ordinary meeting in the next year and so on from time to time until their places are filled up. (63) The company may from time to time in general meet- ing increase or reduce the number of directors and may also determine in what rotation such increased or reduced number is to go out of office. (64) Any casual vacancy occurring in the board of direct- ors may be filled up by the directors but any person so chosen shall retain his office so long only as the vacating director would have retained the same if no vacancy had occurred. (65) The company in general meeting may by a special resolution remove any director before the expiration of his period of office and may by an ordinary resolution appoint another person, in his stead; the person so appointed shall hold office during such time only as the director in who(sei place he is appointed would have held the same if he had not been removed. Proceedings of Directors. (66) The directors may meet together for the dispatch of business, adjourn and otherwise regulate their meetings as they think fit and determine the quorum necessary for the transaction of business. Questions arising at any meeting shall be decided by a majority of votes. In case of an equality of votes the chairman shall have a second or casting vote. A director may at any time summon a meeting of the directors. (67) The directors may elect a chairman of their meetings and determine the period for which he is to hold office; but if 614 Sched. COMPANIES Cap. 61 64 no such chairman is elected or if at any meeting the chairman ?![^iVl*""^" is not present at the time appointed for holding the same the directors present shall choose some one of their number to be chairman of such meeting. (68) The directors may delegate any of their powers to committees conaisting of such member or members of their body as they think fit. Any committee so formed shall in the exercise of the powers so delegated conform to any regula- tions that may be imposed on them by the directors. (69) A. committee may elect a chairman of their meetings. If no such chairman is elected or if he is not present at the time appointed for holding the same the members present shall choose one of their number to be chairman of such meet- ing. (70) A committee may meet and adjourn as they think proper. Questions arising at any meeting shall be deter- mined by a majority of votes of the members present; and in case of an equality of votes the chairman shall have a second or casting vote. (71) All acts done by any meeting of the directors or of a committee of directors or by any person acting as a diredtor shall notwithstanding that it be afterwards discovered that there waa some defect in the appointment of any such direct- ors or persons acting as aforesaid or that they or any of them were disqualified be as valid as if every such person had been duly appointed and was qualified to be a director. Dividends. (72) The directors may with the sanction of the company in general meeting declare a dividend to be paid to the mem- bers in proportion to their shares. (73) No dividend shall be payable except out of the profits arising from the business of the company. (74) The directors may before recommending any dividend set apart out of the profits of the company such sum as they think proper as a reserve fund to meet contingencies or for equalizing dividends or for repairing or maintaining the works connected with the business of the company or any part thereof ; and the directors may invest the sum so set apart as a reserve fund upon such securities as they may select. (76) The directors may deduct from the dividends payable to any member all sach sums of money as may be due from him to the company on account of calls or otherwise. (76) Notice of anv dividend that may have been declared shall be given to each member in manner hereinafter men- tioned- and all dividends unclaimed for three years after hav- 615 65 Cap. 61 COMPANIES Sclied. F^st^scheduie jng been declared may be forfeited by the directors for the benefit of the company. (77) No dividend shall bear interest as against the com- pany. Accounts. (78) The directors shall cause true accounts to be kept : Of the stock-in-trade of the company ; Of the sums of money received and expended by the company and the matter in respect of which such receipt and expenditure takes place; and ^ Of the credits and liabilities of the company. The books of account shall be kept at the registered office of the company and subject to any reasonable re- strictions as to the time and manner of inspecting the same that may be imposed by the company in general meeting shall be open to the inspection of the members during the hours of business. (79) Once at the least in every year the directors shall lay before the company in general meeting a statement of the income and expenditure for the past year made up to a date not more than three months before such meeting. (80) The ^statement so made shall show arranged under the most convenient heads the amount of gross income distin- guishing the several sources from which it has been derived and the amount of gross expenditure distinguishing the expense of the establishment, salaries and other like matters. Every item of expenditure fairly chargeable against the year's income shall be brought into account so that a just balance of profit and loss may be laid before the meeting and in cases where any item of expenditure which may in fair- ness be distributed over several years has been incurred in any one year the whole amount of such' item shall be stated with the addition of the reasons why only a portion of such expenditure is charged against the income of the year. (81) A balance sheet shall be made out in every year and laid before the company in general meeting and such balance • sheet shall contain a summary of the property and liabilities of the company arranged under the heads appearing in the form annexed to this table or as near thereto as circumstances admit. (82) A printed copy of such balance sheet shall seven days previously to such meeting be served on every member in the manner in whicii notices are hereinafter directed to be served. 616 Sched. COMPANIES Cap. 61 66 Notices. (83) A. notice may be ' served by the company upon any xkbie^A member eithex personally or by sending it through the post m a prepaid letter addressed to such member at his registered place of abode. (84) All notices directed to be given to the members shall with respect to any share to which persons are jointly entitled be given to whichever of such persons is named first in the register of members; and notice so given shall be. sufficient notice to all the holders of such share. ■ (85) Any notice it served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post ; and in proving such service it shall be sufficient ■ to prove that the letter containing the notice was properly addressed and put in the post office. 617 67 Cap. 61 COMPANIES Dclied. First ichedule Table A 0\ O H b M Q - QQ I U 0) I .. 0) ■g ■»Eo O UJ3 — c u DP !a>a S bfln S 0-3 =^H 1^^ *.2 ©■a iu in = c^^^S' s SS S'^ sii£. Ss- S£ c^r i^J .CM ga rt HHS H H H H H U S ^^n ^ yn vo °?- ^ M « > K a: u to B z S < Q S «< H < 3- H G > > 8 618 Sched. cohpaUies Cap. 61 68 TABLE B. — Table of Fees to be Paid to the Registrar by A Company having a Capital divided into Shares. For registration of a company whose nominal ^'^^f Schedule capital does not exceed $10,000 a fee of $1 0.00 For registration of a company whose nominal capital exceeds $10,000 the above fee of $10 with the following additional fees regulated accord- ing to the amount of nominal capital, that is to say: For every $5,000 of nominal capital or part of $5,000 after the first $10,000 up to $25,000 6.00 For every $5,000 of nominal capital or part of $5,000 after the first $25,000 up to $500,000 .... 2.00 For every $6,000 of nominal capital or part of $6,000 after the first $500,000 1.00 For registration of any increase of capital made after the first registration of the company or any increase of capital of an existing company reg- istering under this Ordinance the same fees per $5,000 or part of a $5,000 as would have been payable if such increased capital had formed part of the original capital at the time of reg- istration in accordance with this table. For registration of any existing company except such companies as are by this Ordinance exi- empted from payment of fees in respect of reg- istration under this Ordinance the same fee as is charged for registering a new company. For registering any document hereby required or authorized to be registered other than the memorandum of association 1.00 For making a record of any fact hereby authorized or required to be recorded by the registrar a fee of 1.00 TABLE C. — Table of Fees to be Paid to the Registrar by A Company not having a Capital divided into Shares. For registration of a ' company whose number of TabL c'*"'-"'° members as stated in the articles of association does not exceed 10 $10.00 For registration of a company whose number of members as stated in the articles of association exceeds 10 but does not exceed 100 25.00 619 69 Cap. 61 COMPANIES Sched. First schedule Table C For registration of a company whose number of members as stated in the articles of association exceeds 100 but is not stated to be unlimited the abovfi fee of $25 with an additional $1 for every 60 members or less number than 50 members after the first 100 For registration of a company in which the num- ber of members is stated in the articles of as- sociation to be unlimited a fee of $100.00 For registration of any increase in the number of members made after the registration of the company in respect of every 50 members or less than 50 members of such increase 1.00 Provided that no one company shall be liable to pay on the whole a greater fee than $100 in re- spect of its number of members, taking into ac- count the fee paid on the first registration of the company. For registering any document hereby required or authorized to be registered other than the mem- orandum of association 1.00 For making a record of any fact hereby authorized or required to ba recorded by the registrar of companies a fee of 1.00 SECOND SCHEDULE. FORM A. — Memorandum of Association of a Company Limited by Shares. Second schedule Form A (1) The name of the company is " The Rathburn ^ove and Furnace Company, Limited." (2) The registered office of the company will be situate in (3) The objects for which the company is established are " the manufacture and sale of stoves and furnaces." (4) The liability of the members is limited. (5) The capital of the company is dollars divided into shares of dollars each. We, the several persons whose names and addresses are subscribed, are desirous of being formed into a company in pursuance of this memorandum of association and we respectively agree to take the number of shares in the capital of the company set opposite our respective nam<^s 620 Sched. COMPANIES Cap. 61 70 Names, addresses and descriptions of subscribers. No. of shares taken by each subscriber. 1. John Jones, of , merchant 2. John Smith, of 3. Thomas Green, of 4. John Thompson, of , " 5. Caleb White, of 200 25 30 40 IB Total shares taken 310 Second schedule Form A Dated the day of Witness to the above signatures — A.B., of 190 TOEM B. — Memorandum and Articles of Association of a CoMPANy LIMITED BY GUAHANTEE AND NOT HAVING A Capital divided into Shares. Memorandum of Association. (1) The name of the company is " The Western Ranch- man's Supply Association, Limited." (2) The registered oflice of the company will be situate in (3) The objects for which the company is established aire " the purchasing of all classes of goods, wares and merchan- dise and supplying the same to members of the company and the doing all such other things as are incidental or conducive to the attainment of the above objects." (4) Every member of the company undertakes to contri- bute to th« assets of the company in the event of the same be- ing wound up during the time that he is a member or within one year afterwards for payment of the debts and liabilitieis of the company contracted before the time at which he ceases to be a member and the costs, charges and expensesi of wind- ing up the same and for the adjustment of the rights of the contributories amongst themselves such amount as may be required not exceeding dollars. We, the several persons whose names and addresses are subscribed, are desirous of being formed into a company in pursuance of this memorandum of association. 621 Second schedule Form B 71 Cap. 61 COMPANIES Sched. Fo^rmB^"''^'^"'^ Nanies, addresses and descriptions of subscribers: 1. John Jones, of , merchant. 2. John Smith, of 3. Thomas Green, of .4. John Thompson, of 5. Caleb White, of Dated the day of 190 Witness to the above signatures — A.B., of Articles of Association to Accompany Peeceding Memorandum of Association. (1) The company for the purpose of registration is declared to consist of live hundred members. (2) The directors hereinafter mentioned may whenever the business of the association requires it register an increase of members. Definition of Me?nbers. (3) Every person shall be deemed to have agreed to become a member of the company who insures any ship or share in a ship in pursuance of the regulations hereinafter contained. General Meetings. (4) The first general meeting shall be held at such time not being more than three months after the incorporation of the company and at such place as the directors may determine. (6) Subsequent general meetings shall be iield at such time and place as may be prescribed by the company in general meeting ; and if no other time or place is prescribed a general meeting shall be held on the first Monday in February in every year at such place as may be determined by the direct- ors. (6) The above mentioned general meetings shall be called ordinary meetings ; all other general meetings shall be called extraordinary. (7) The directors may whenever they think fit and they shall upon a requisition made in writing by any five or more members convene an extraordinary general meeting. (8) Any requisition made by the members shall express the object of the meeting proposed to be called and shall be left at the registered office of the company. (9) Upon the receipt of such requisition the directors shall forthwith proceed to convene a general meeting. If they do not proceed to convene the same within twenty-one days Irom 6 '>:< Sched. - , COMPANIES Cap. 61 72 the date of the requisition the requisition] sts or any other five I^^^^b'"'''^''"'^ members may themselves convene a meeting. Proceedings at General Meetings. (10) Seven days' notice at the least specifying the place, the day and the hour of meeting and in case of special busi- ness the general nature of such business shall be given to members in manner hereinafter provided or in such other manner if any as may be prescribed by the company iii general meeting; but the nonreceipt of such notice by any member shall not invalidate the proceedings at any general meeting. (11) All business shall be deemed special that is trans- acted at an extraordinary meeting and all that is transacted at an ordinary meeting with the exception of the considera- tion of the accounts, balance sheets and the ordinary report of the directors. (12) No business shall be transacted at any meeting except the declaration of a dividend unless a quorum of members is present at the commencement of such business; and such quorum shall be ascertained as follows, that is to say : If the metmbers of the company at the time of the meeting do not exceed ten in number the quorum shall be five ; if they exceed ten there shall be added to the above quorum one for every five additional members up to fifty and one for every ten ad- ditional members after fifty with this limitation that no quorum shall in any case exceed thirty. (13) If within one hour from the time appointed for the meeting a quorum of members is not present the meeting if convened upon the requisition of the members shajl be dis- solved. In any other case it shall stand adjourned to the same day in the following week at the same time and pla-ce; and if at such adjourned meeting a quorum of members is not present it shall be adjourned sine die. (14) The chairman if any of the directors shall preside as chairman at every general meeting of the company. (15) If there is no such chairman or if at any meeting he is not present at the time of holding the same the members present shall choose some one of their number to be chairman at such meeting. (16) The chairman may with the consent of the meeting adjourn any meeting from time to time and from place to place but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. (17) At any general meeting unless a poll is demanded by at least five members a declaration by the chairman that a 623 73 Cap. 61 COMPANIES Sohed, Fom" b"'''''*"'° resolution has been carried and an entry to that effect in the book of proceedings of the company shall be sufficient evi- dence of the fact without proof of the number or proportion of votes recorded in favour of or against such resolution. (18) If a poll is demanded in manner aforesaid the same shall be taken in such manner as the chairman directs and the result of such poll shall be deemed to be the resolution of the company in general m6e,ting. Votet of Members. (19) Every member shall have one vote and no more. (20) If any member is a lunatic or idiot he may vote by his committee curator bonis or other legal curator or guardian. (21) No member shall be entitled to vote at any meeting unless all moneys due from him to the company have been paid. (22) "Votes may be given either personally or by proxies, A proxy shall be appointed in writing under the hand of the appointor or if such appointor is a corporation under its common seal. (23) No person shall be appointed a proxy who is not a member and the instrument appointing him shall be deposited at the registered office of the company not less than twenty- four hours before the time of holding the meeting at which he proposes to vote. (24) Any instrument appointing a proxy shall be in the following form : Company, Limited. I, of , being a member of the Company, Limited, hereby appoint of , as my proxy to vote for me and on my behalf at the [ordinary or extraordinary as the case may be] general meeting of the company to be held on the day of , and at ai^y adjournment thereof to be held on the day of next lor any meeting of the company that may be held in the year 190 ]. As witness my hand this day of Signed by the said in the presence of Directors. (26) The number of directors and the names of the first directors shall be determined by the subscribers of the memo randum of association. 624 Sched. COMPANIES Cap. 61 74 (26) Until directors are appointed the subscribers of the |«ond schedule memorandum of association shall for all the purposes of this Ordinance be deemed to be directors. Powers of Directors. (27) The business of the company shall be managed by the directors who may exercise all such powers of the company as are not hereby required to be exercised by the company in general meeting ; but no regulation made by the company in general meeting shall invalidate any prior act of the directors which would have been valid if such regulation had not been made. Election of Directors. (28) The directors shall be elected annually by the com- pany in general meeting. Business of Company. (Here insert rules as to mode in which, business of company is carried on.) Notices. (29) A notice may be served by the company upon any member either personally or by sending it through the post in a prepaid letter addressed to such member at his registered place of abode. (30) Any notice if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post ; and in proving such service it shall be sufficient to prove that a letter containing the notice was properly addressed and put into the post oifice. FORM C. — Memorandum and Aeticles of Association of a Company Limited by Guarantee and having a Capital divided into Shares. Memorandum of Association. (1) The name of the company is " The Highland Hotel l^^c"*""*"'' Company, Limited." (2) The registered office of the company will be situate. m (3) The objects for which the company is established are : Facilitating travelling in the Territories by providing hotels and conveyances for the accommodation of travellers and the CC 625 76 Cap. 61 COMPANIES Sched. Second schedule doing all such other things as are incidental or conducive to Form C , "^ ,. 1 1 1 • the attainment of the above object. (4) Every member of the company undertakes to contri- bute to the assets of the company in the event of the same being wound up during the time that he is a member or within one year afterwards for payment of the debts and liabilities of the company contracted before the time at which he ceases to be a member and the costs, charges and expenses of winding up thf same and for the adjustment of the rights of the contribu- tories amongst themselves such amount as may be required] not exceeding dollars. We, the several persons whose names and addresses are subscribed, are desirous of being formed into a company in pursuance of this memorandum of association. Names, addresses and descriptions of subscribers : 1. John Jones, of , merchant. 2. John Smith, of 3. Thomas Green, of , " 4. J. hn Thompsion, of , " 5. Caleb White, of , " Dated the day of 190 . Witness to the above signatures — A.B., of Articles op Association to Accompany Peeceding Memo- randum OF Association. (1) The capital of the company shall consist of dollars divided into shares of dollars each. (2) The directors may with the sanction of the company in general meeting reduce the amount of shares. (3) The directors may with the sanction of the company in general meeting cancel any shares belonging to the company. (4) All the articles of Table A in the schedule to The Companies Ordinance shall be deemed to be incorporated with these articles and to apply to the company. We, the several persons whose names and addresses are subscribed, agree to take the number of shares in capital of the company set opposite our respective names — 626 Sched. COMPANIES Cap. 61 7G Names, addresses and deacriptions of subscribers. J. John Jones, of 2. John Smith, of 3. Thomas Green, of i. John Thompson, of 6. Caleb White, of Total shares taken. Dated the day of Numi.ei of shares taken by each subscriber. Second schedule FormC •200 25 30 40 15 310 190 Witness to the above signatures- A.B., of FOEM D. — Memorandum and Articles of Association of AN Unlimited Company having a Capital DIVIDED INTO ShARES. Memorandum of Association. (1) The name of the company is "The Patent Stereotype 1^^™^"=''='^'''^ Company." (2) The registered office of the company will be situate in (3) The objects- for which the company is established are "the working of a patent method of founding and casting stereotype plates of which method John Smith of is the sole patentee." We, the several persons whose names are subscribed, are desirous of being formed into a company in pursuance of this memorandum of association. Names, addresses and descriptions of subscribers : 1. John Jones of 2. John Smith, of 3. Thomas Green, of 4. John Thompson, of 5. Caleb White, of Dated the merchant. day of Witness to the above signatures- A.B., of 627 190 77 Cap. 61 COMPANIES Sched. Second schedule Form D Aetiolbs of Association to accompany the peecedino Memorandum of Association, Capital of the Company. The capital of the company is into shares of dollars divided dollars each. Application of Table A. All the articles in Table A in the schedule to The Companies Ordinancie shall be deemed to be incorporated with these articles and to apply to the company. We, the several persons whose names and addresses are subscribed, agree to take the number of shares in the capital of the company set opposite our respective names. Names, addresses and description of subscribers. 1. John Smith, of 2. John Jones, of 3. Thomas Green, of 4. John Thompson, of 6. Caleb White, of merchant Total shares taken Number of shares taken by subscribers. 1 6 2 2 3 18 Dated the day of 190 Witness to the above signatures — A.B., of 628 Sched. COMPANIES Cap. 61 78 £ 3 ^4 o 73 s (3 1 en P) o +3 O §^ O) T3 e3 m o ® -a o f^ g ^ £ ^ ^ O " •S c3 -+3 *t! O .5 ^ S ^ a a 2 f^ O !3 ^§ bo w —I a fl e8 * ® Hi s s a O 03 (3 I— t ® O ^ i3 CO .1^ u rt 05 <<-. 1h h ^•a J? n! •a M Qi "S "T . t4H u en Ss 5? rt S t. 5 c •5 oj Qi3 Q •3 C »J U o rt .t5 u <5 :g ".= a 3 z « c rt J3 ■J m^ en u en .- (u S ^ S X >^ 4) ^ , w-° Si's e _o (4 O, 3 Ul U Z u o < b S M •o a ■o z < ■«! a u (fi Cfl c u cC Pi ■a H a ■u Hi < J3 C a ffi < 4) s =2 bo M n M bfi.S 3 Folii Regi Led onta artic o " Second schedule FormE b29 CHAPTER 62. An Ordinance to Authorize the Changing of the Names of Incorporated Companies. -repealed) 1901, c. 20, s. IBO. 630 CHiVPTBR 63. An Ordinance respecting Foreign Companies. rTHE Lieutenant Governor by and with the advice and consent of the Legislative Assembly ofl the Territories enacts as follows : 1. This Ordinance may be cited as " The Foreign Companies short title Ordinance 1903:' 1903, 1st session, c. 14, s. 1. INTERPRETATION. 2. In the construction of this Ordinance and of any rules or interpretatic forms made in pursuance thereof : 1. " Foreign Company " shall mean any company or asso- ciation incorporated otherwise than by or under the authority of an Ordinance of the Territories for the purpose of carrying on any business to which the legislative authority of the Legis- lative Assembly of the Territories extends ; 2. " Eegistrar " shall mean registrar of joint stock com- panies and shall include a deputy registrar and an acting registrar - 3. " Charter " shall mean the Statute, Ordinance or other provision of law by or under which a foreign company is incorporated and any amendments thereto applying to such company, ^r the memorandum of association or agreement or deed of settlement of the company or the letters patent or charter of incorporation or the license or certificate or registra- tion of the company as the case may be ; 4. " Charter and regulations " shall mean the charter and the articles of association and all by-laws rules and regulations of the company ; 6. " Court " shall mean the supreme court of the North- West Territories ; 6. " Judge " shall mean judge of the said Court. 1903, 1st session, c. 14, s. 2. 3. Unless otherwise provided by any Ordinance no foreign Foreign company having gain for its object or a part of its object shall S'beS^lne carry on any part of its business in the Territ^jries unless it is ■■'^erister.d duly registered under this Ordinance. (2) Any unregistered foreign company carrying on business and any company, firm, broker or other person carrying on business as a representative or on behalf of such unregistered foreign company shall be liable on summary conviction to_ a penalty of $50 for every day on which such business is carried '631 Cap. 63 FOEEICJN COMPANIES S.-3 (2) Rights of company when registered Procedure to obtain registration on in contravention of this section and proof of compliance with the provisions of this section shall at all times be upon the accused. [ (3) The taking orders by travellers for goods, wares or merchandise to be subsequently imported into the Territories to fill such orders or the buying or selling of such goods, wanes or merchandise by correspondence if the company has no resident agent or representative and no warehouse, office or place of business in the Territories the onus of proving which shall in any prosecution under this section rest on the accused shall not be deemed to be carrying on business under the meaning of this Ordinance.] 1903, 2nd session, c. 19, s. 1. 4. Any foreign company may become registered on com- pliance with the provisions of this Ordinance and on payment to the registrar of auch fees as would be payable for registra- tion under the provisions of The Companies Ordinance; and shall subject to the provisions of its charter and regulations and to the terms of the registration thereupon have the same powers and privileges in the Territories as if incorporated under the provisions of The Companies Ordinance. 1903, 1st session, c. 14, s. 4. 5. Before the registration of any foreign company the company shall file in the office of the registrar — (a) A true copy of the charter and regulations of the company verified in manner satisfactory to the registrar ; (b) An affidavit or statutory declaration that the company is still in existence and legally authorized to transact business under its charter ; (c) A copy of the last balance sheet of the company or a statement containing the information required to be given in the annual statement made under the pro- visions of section 8; (d) A duly executed power of attorney under its common seal approved by the registrar empowering some peraon therein named and residing in the Territories to act as its attorney for the purpose of accepting service of process in all suits and proceedings against the company within the Territories and of receiving all lawful notices and declaring that service of process in respect of such suits and proceedings and of such notices on the said attorney shall be legal and bind- ing to all intents and purposes whatever and waiving all claims of error by reason of such service; and such company may from time to time by a new or other power of attorney executed and deposited as aforesaid appoint another attorney within the Terri- tories for the purposes aforesaid to replace the at- torney formerly appointed. 1903, 1st session, c. 14, s. 6. 632 S. 8 (O) FOBEIGJM COMPANIES. Cap. 63 5. Upon compliance by any foreign company with the Certificate of terms of this Ordinance the registrar shall register such"^"'""°" company and issue a certificate of registration; and such certificate of registration shall be conclusive evidence that all the requirements of this Ordinance preliminary to the issue thereof have been complied with. (2) Such certificate of registration shall be published by the registrar at the expense of the company in the official gazette. 1903; 1st session, c. 14, s. 6. 7. The certificate of registration or any copy thereof certi- Evidence of fied under the hand and seal of the registrar or a copy of the '^^'"""°" gazette containing such certificate of registration shall be prima facie evidence of the due registration of the company as aforesaid. 1903, 1st session, c. 14, s. 7. 8. A company registered under this Ordinance shall on or Annual before the first of March in each year during the continuance s'»"=ment of such registration make a statement to the registrar verified by affidavit containing as of the thirty-first day of December preceding a summary of the following particulars : ( a) The corporate name of the company ; (6) The place where the head office of the company is situated ; (c) The place or places where or from which the under- taking of the company is carried on; (d) The name, residence and post office address of the president, the secretary and the treasurer of the company ; (e) The name, residence and post office address of each of the directors of the company ; (/) The date upon which the last annual meeting of the company was held ; {g) The amount of the capital of the company and the number of shares into which it is divided ; ' h) The number of shares subscribed for and allotted ; (i) The amount of stock, if any, issued free from call ; if none is so issued the fact is to be stated ; (j) The amount issued subject to call; (fc) The number of calls made on each share ; (l) The total amount of calls received ; (m) The total amount of calls unpaid ; (n) The total amount of shares forfeited ; (o) The total amount of shares which have never been allotted or subscribed for; 633 Cap. 63 FOREIGN COMPANIES s. 8 (p)- (p) The total amount for which shareholders of the company are liable in respect of the unpaid stock held by them-; (q) In a concise form such further information respecting the affairs of the company as the directors may consider expedient. (2) The summary in the next preceding subsection men- tioned shall be verified by the affidavit of the president and secretary ; or if there is no president or he is unable to make the same by the affidavit of the secretary and one of the directors ; or if there is no secretary or he is unable to make such affidavit by the affidavit of the president and one of the directors; or if there is neither a president nor secretary or they are both unable to make such affidavit by the affidavit of two of the directors ; and if the president or secretary does not make or join in the affidavit the reason therefor shall be stated in the substituted affidavit. (3) The filing with the registrar of an annual return in the form and at the time and verified in the manner required by the provisions of sections 19 and 20 oi The Insurance Act being chapter 124 of the Eevised Statutes of Canada shall relieve any company licensed under the said Act from com- pliance with the provisions of subsections (1) and (2) of this section. (4) The registrar may at any time require the company to supply such further and other information as shall seem to him to be reasonable and proper. (5) Any company making default in complying with the provisions of this section shall be liable on summary convic- tion to a penalty of $20 for each and every day during which default continues; and every director, manager, secretary, agent, traveller or salesman of such company who transacts within the Territories any business whatever for such company shall be liable on summai-y conviction to a penalty of $20 for each day upon which he so transacts such busiubos. (6) The statement or return required by this section shall be accompanied with the fee of $5. 1903, 1st session, c. 14, s. 8. Substituted service 9. If the power of attorney hereinbefore prescribed becomes invalid or ineffectual for any reason or if other service cannot be effected the Court or judge may order substitutional service of any process, proceeding, notice or document upon the company to be made by such publication as is deemed requisite to be made in the premises for at least three weeks in at least one newspaper ; and such publication shall be held to be due service upon the company of such process, proceeding, notice or document. 1903, 1st session, c. 14, s. 9. No. right of 10. Any foreign company required by this Ordinance to Unregistered bccome registered shall not while unregistered be capable of company gg^ sue, hold nds, etc. S. 16 FOREIGN COMPANIES Cap. 63 maintaining any action or other proceeding in. any court in respect of any contract made in whole or in part in the Terri- tories in the course of or in connection with business carried f°™ corporated under this Ordinance for any benevolent or provi- ceriSn' '" dent purpose or for any other purpose not illegal save and e!x- p^'p""^ cept for the purpose of trade or business or any purpose pro- vided for by any of the Ordinances mentioned in the schedule hereto. CO., c. 66, s. 1. 2. The proceedings to obtain incorporation shall be as f ol- Mode of l^nrc • incorporation. 1. Such persons shall make and sign a declaration in writ- ing setting forth the intended corporate name of the society the purpose of the society, the names of those who are to be the first trustees or managing officers, the mode in which their successors are to be appointed and such other particu- lars and provisions as the society may think fit provided that the said particulars and provisions are not contrary to law; 2. The declaration may be made and signed in duplicate or in as many parts as may be required ; 3. The said declaration may be produced to any judge of the Supreme Court of the North-West Territories and if the same appears to him to be in conformity with this Ordinance he shall indorse thereon a certificate to that effect ; 4. One of the original parts of the said declaration shall be filed in the office of the registrar of the said Supreme Court at Kegina and the fee of fifty cents shall accompany such filing; 6. When these directions shall have been compliea with the persons who signed the declaration shall thereby become and they, their associates and successors, shall thenceforward be a- body corporate and politic and shall have the powers, rights and immunities vested by law in such bodies. CO., c. 66, s. 2. 3. The society so incorporated may from time to time have societies may or establish and maintain any number of branches thereof to branches promote the objects of the society. CO., c. 66, s. 3. 4. The society may from time to time appoint tru^ees, a officers treasurer, a secretary and other officers for conducting its i 645 Cap. 66 BENEVOLENT SOCIETIES S. 4 By-laws and rules affairs and for the discipline and management of the society and may from time to time make by-laws, rules and regula- tions for the government and for conducting the affairs of the society or of any'btanehes' tKerertf ; sind may from tima to time alter or rescind such bv-laws, rules or regulations. C.G.. c;66/s.4. ■• ..." -I Diffffrent societies or branches may unite 5. Any two or more societies or branches of a society' may unite and form one society or branch for the purpose of erect- ing buildings for the use of the societies or branches and, if they so desire, for other purposes, on such terms as may be agreed ■ upon by authority of a resolution assented "to by a majority of the members of each of the said societies or branches proposed to be united : ' \ ; Provided that every such resolution is passed at a general meeting of each -of the societies or branches' concerned ihsuch union, to be specially called for that purpose. C.O;,'c. 66, s. 5. Liability of persons under age 6. A person under the- age of 'twenty-one 'years, elected' or admitted as a. member of a society, or appointed to any office therein, shall be liable to. the payment of fees. and otherwise under the rules of the society. as. if he were of full age. CO., c. 66, s. 6. Benefits to members Exemption from claims of creditors Payment in g^ood faith to wrong person 7. When under the rules of the. society money of the society becomes payable to or for the use , or benefit of a niember thereof such money shall be free from, all claims by the credi- tors of such member ; and when on the death of a member of a society any sum of m.oney becomes payable under the rules of the society, the same shall' be paid by the treasurer or other officer of the s iety to the person or persons entitled under the rules thereof or shall be applied. by the sofciety as may be provided by such rules; and. such money shall .be, to the eixtent of $2,-000, free from all claims by the personal repre- sentative or creditors of the deceased and in. case any. sum is paid in good faith to the person who appears to the treasurer or other officer to be entitled to receive the same, or is applied in good faith for the purposes by the rules provided, no action shall be brought against the society or such treasurer or officer in respect thereof; but nevertheless if it subsequently appears that such money has b'een paid to the wrong person the person entitled thereto may ■ recover the amount with interest froln th6 person who has wrongfully received it. CO., c. 66, s. 7. Powers of societies as to holding lands 8. No society or branch incorporated under this Ordinance shall be entitled to acquire or hold as purchasers or otherwise any lands or tenements or any interests therein exceeding in the whole at any one time the annual value of $5,000 nor shall the society or branch be entitled to purchase land except for the actual use and occupation of the society for the pur- poses of the society. CO., c. 66, s. 8. 646 S. 11 BENEVOLENT SOCIETIES Cap. 66 9. Any such society or branch may from time to time take p°v'--=' ^'^ '" by gift, devise or bequest any lands or tenements or any rSng"'' interests therein, provided such gift, devise or bequest is made del^o^r'^'"' at least six months before the 'death of the person making *""""' the same ; but the society or branch shall at no time take by gift, devise or bequest, lands or tenements, or any interests therein, the annual value of which, together with that of all other lands and tenements theretofore acquired by like means and then held by the society or branch, exceeds in the whole $1,000 ; nor shall the society or branch at any time take by gift, devise or bequest, lands, tenements or hereditaments the annual value of which, together with all the other real estate of the society or branch, exceeds $5,000; and no lands or tenements acquired by gifts, devise or bequest within the limits aforesaid, but not required for the actual use or occu- pation of the society or branch, shall be held by the society or branch for a longer period than seven years after the acquisi- tion thereof, and within such period the same shall ue abso- lutely disposed of by the society or branch ; and the society or oranch shall ha-ve power within such period, in the name of the society or branch, to grant and convey the said lands and tenements to any purchaser so that the society or branch no longer retains any interest therein; and the proceeds on such disposition shall be invested in public securities, municipal debentures or other approved securities, not including mortgages on land, for the use of the society or branch; and lands, tenements or interests therein required by this Ordi- nance to be sold or disposed of by the society or branch which have not, within the said period, been so disposed of, shall revert to the person from whom the same were acquired, his heirs, executors, administrators or assigns. CO., c. 66, s. 9. 10. Any society may in pursuance of a resolution assented ^"^^"'"'^tc to by a majority otf the members present at a general meeting lands specially called for that purpose, of which public notice shall be given in the manner provided by the by-laws, mortgage^ sell, exchange or lease any lands of the society. CO., c. 66, s. 10. 11. A copy of the declaration under the second section of Copy of ji • j-\ ■!• • r\ • ft -n declaration or this Ordinance certified by the registrar of the said oupreme incorporation Court or his deputy to be a true copy shall be prima facie evidence of the iskcta alleged in the declaration and of the due making, signing and filing of the declaration as mentioned in the certificate; and a copy of the declaration with a certificate of the said register or his deputy showing the particulars necessary for creating a corporation under this Ordinance, shall be prima facie evidence that the society or branch is an incorporated society or branch under this Ordinance. CO., c. 66. s. 11. 647 Cap. 66 BENEVOLENT SOCIETIES S. 12 Defects in form 12. No defect of form in the certificate of the judge or in the proceedings to which the certificate of the judge relateiS shall affect the validity of the incorporation. CO., c. 66, s. 12. Evidence thereon ■Certificate of 13. To facilitate the proof of a society or branch being an i^s'^eSct? '°"' incorporated society or branch under this Ordinance arid to as evidence prevBut any future question as to the same, the society or branch after the same has become incorporated as aforesaid, shall be entitled (if the society or branch thinks fit) to receive a certificate of such incorporation in manner hereinafter mentioned; and a certificate so obtained shall be final and oonclusive evidence of the society or branch being an incor- poration under this Ordinance unless the certificate on the order or decision of the Court granting or authorizing the same is reversed or set aside by some direct proceeding taken for the purpose; and the proceedings for the purpose of obtaining the certificate may be as follows : Application 1. The applicaitiou for the certificate may be made by the society or branch to a judge of the Supreme Court of the North-West Territories. 2. The application shall be supported by satisfactory evi- dence that the society or branch is a society or branch within the true intent and meaning of this Ordinance; that tbe pro- ceedings necessary for incorporation have been duly taken; that four weeks' notice of the intention to apply for a certifi- cate has been given to the Lieutenant Governor df the Terri- tories ; and that a like notice has been published for four weeks in The North-West Territories Gazette; and if the judge is not satisfied with the evidence offered of these par- ticulars in the first instance he may instead of dismissing the application give an opportunity or opportunities for produc- ing further evidence; and if there is any defect in the pro- ceedings taken to obtain incorporation the judge may permit the same to be supplied and he may in all cases require from' time to time any furt:her publication to take place, and any other notice to be mailed, served or given which he deemS' necessary. 3. When the judge is satisfied that the society or branch is entitled to the certificate, the certificate may be issued by the clerk of the court of the judicial district in which the applica- tion is made, in duplicate (under his hand and the seal of the court) or in as many parts as may be required and the same shall name the day from and at which the incorporation was complete and effectual, and any person shall thereafter be entitled to receive a certificate to the same effect sealed and signed as aforesaid; which certificate or counterpart thereof shall be final and conclusive as hereinbefore mentioned. 4. The judges of the Supreme Court of the North- Wesl Territories shall have power to regulate the practice and costs in such cases. CO., c. 66, s. 13. 648 Issue of ■certificate Co.fi«t_i°j;^^ every shareholder shall be entitled to one vote for every share to vote he holds or is possessed of up to ten and one vote for every five shares above ten; but no shareholder shall vote unless he has paid at least $2 upon each share upon which he votes. CO., c. 68, s. 18. 657 Cap. 68 CEMETERIES s. 19 President 19. The directors or a majority of them shall at their first meetirig elect one of their number to be president of the com- pany and the president if present or, if he is not present, then some director chosen for the occasion shall preside at every meeting of the directors and shall not vote except in case of an equality of votes when he shall have a casting vote. CO., c. 68, s. 19. Calls on stock Forfeiture for nonpayment 20. The directors may also call for instalments on the sums subscribed for and may appoint a time for the payment 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 the directors think it expedient to remit the forfeiture which they may do if the instalments are paid with interest within one year after the day when they ought to have been paid. CO., c. 68, s. 20. Records 31. The directors shall record in a book kept for the pur- pose, all their by-laws and proceedings, and every shareholder shall have access to such book for the purpose of searching and making extracts therefrom, without payment of any fee. CO., c. 68, s. 21. Kxclusive reservation 33. The directors may reserve for the exclusive use of any religious society or congregation such part of the cemetery and upon such terms and conditions as may be agreed upon. CO., c. 68, s. 22. Graves for strang^ers and poor 23. The company shall furnish graves for strangers and for the poor of all denominations free of charge on the certi- ficate, in the latter case of a minister or clergyman of the de- nomination to which the deceased belonged, that the relatives of the deceased are poor and cannot afford to purchase a lot in the cemetery. CO., c. 68, s. 23. GENERAL PROVISIONS. Walls and fences 34. The company shall within two years from its incor- poration and the trustees shall within two years from their appointments by walls or other fences inclose every part of the cemetery held by them. CO., c. 68, s. 24. Repair of property 25. The company or trustees as the case may be shall keep the cemetery and the buildings and fences thereof in complete repair and in good order and condition. CO., c. 68, s. 25. Drains and sewers 36. The company or the trustees as the case may be shall make all proper and necessary sewers and drains in and about the cemetery for draining it and keeping it dry; and they may, from time to time as occasion requires cause any such sewer or drain to open into an existing sewer with the consent in writing of the persons having the management of the street 658 for ling waters s. 33 CEMETERIES Cap. 68 or road, and with the li^ce consent of the owner or occupier of the land through which or part of which the opening is intended to be made doing as Httle damage as possible to the street, road or land wherein the same is made and restoring it to the same or as good condition as it was in before being dis- turbed. CO., c. 68, s. 26. 37. If the company or trustees as the case may be at anyP^jj?J'y time cause or suffer to be brought to or to flow in any river, spring, well, stream, canal, reservoir, aqueduct, pond or water- ing place any offensive matter from the cemetery whereby the water is fouled the company or trustees as the case may be shall forfeit for every such offence $500. CO., c. 68. s. 27. 28. The said penalty with full costs or suit may by a civil ^^^'J""" action in any court of competent jurisdiction, be recovered by any person having a right to use the water; but the penalty Limitation and costs shall not be recoverable unless sued for during the"f=":''°n continuance of the offence or within six months after it has ceased. CO., c. 68, s. 28. 39. In addition to a penalty of $500 (and whether the same Further has been recovered or not) any person having a right to use'""^"*' the water may sue the company or trustees as the case may be in a civil action for any damage specially sustained by him by reason of the water being fouled or if no special damage is alleged then for the sum of SIO for every day during which the offensive matter has continued to be brought or to flow after the expiration of twenty-four hours from the time when the notice of the offence was by such' person served upon the company or trustees as the case may be. CO., c. 68, s. 29. 30. No body shall be buried in a vault or other space under No grave, ^ ^ any chapel or other building in the cemetery nor within fifteen"^'"'''"' '"^'^ feet of the outer wall of any such chapel or building. CO., c. 68, s. 30. 31. The company or trustees as the case may be shall make proper conduct regulations to ensure all burials within the cemetery being """"'"'^ conducted in a decent and solemn manner. CO., c. 68, s. 31. 32. The real estate of the company or trustees and the lots Exemption or plots when conveyed by the company or trustees to indi- vidual proprietors for burial sites shall be exempt from taxa- tion of any kind and shall not be liable to be seized or sold under execution. CO., c. 68, s. 32. . .33. The directors of the company may pass by-laws and thesy-iaws trustees may frame regulations for the laying out, selling and management of the cemetery and for regulating the erection of tombs, monuments and gravestones therein; and the direc- 659 Cap. 68 CEMETERIES s. 33 tors of the company may pass by-laws empowering the presi- dent to execute conveyances of plots to shareholders. CO., c. 68, s. 33. Record of regulations and burials 34. The directors shall keep a record of the by-laws and the trustees shall keep a record of the regulations referred to in the next preceding section and the directors and trustees respectively shall also keep a separate record of all burials showing name, age, occupation and date of burial of all per- sons buried within the cemetery and in case they cannot get all the particulars a note of such must be made in the margin and every person shall have access to such last mentioned record for the purpose of searching and making extracts there- from without payment of any fee. CO., c. 68, s. 34. Penalties Liability of trustees 35. Any person who in a cemetery established under this Ordinance : (a) Plays any game or sport; or (&) Discharges firearms (save at a military funeral); or who (c) Commits a nuisance therein; shall on summary conviction thereof be hable to a fine not exceeding $100 and costs of prosecution. CO., c. 68, s. 35. 36. The trustees shall be personally liable for any judgment recovered against them as trustees. CO., c. 68, s. 36. 660 CHAPTER 69. An Ordinance respecting Agricultural Societies. THE Lieutenant Governor by and with the ad^'ice and con- sent of the Legislative Assembly of the Territories enacts as follows SHORT TITLE. 1. This Ordinance may be cited as 'T/ie Agricultural Societies short fMe Ordinance." 1903, c. 17, s. 1. INTERPRETATION. 2. In this Ordinance, unless the context otherwise interpretano requires — 1. The expression "department" means the Department of Agriculture ; 2. The expression "commissioner" means the Commissioner of Agriculture; 3. The expression "society" means any Agricultural Society organized or continued under this Ordinance. 1903, c. 17, s. 2. OBJECTS OF AGRICULTURAL SOCIETIES. 3. The objects of a society shall be to encourage improve- objects of ment in agriculture, horticulture, arboriculture, manufactures™""'""' and the useful arts — 1. By holding meetings for the delivery of lectures and for the discussion of subjects connectetl with tl.e theory and prac- tice of any of the said industries; 2. By promoting the circulation of agricultural, pastoral, horticultural, arboricultural and mechanical periodicals, and by the formation and maintenance of a reference library on such subjects for the use of its members; 3. By importing and otherwise procuring seeds, -^plants and animals of new or valuable kinds; 4. By holding exhibitions as hereinafter provided at which prizes may be awarded for — (a) Excellence in the raising or introduction of live stock. (b) The invention or improvement of agricultural machines or implements. 661 Cap. 69 AGRICULTURAL SOCIETIES S. 3 (c) (c) The production of grains and all kinds of vegetables, plants, flowers and fruits, home manufactures and works of art; and generally for excellence in any agricultural production or operation; 5. By offering prizes for essays on subjects relating to agri- culture, including the prevention of prairie fires and the eradi- cation of noxious weeds; 6. By taking action to eradicate poisonous and noxious weeds and to exterminate such animals as are found to injure or impede agriculture; 7. By carrying on experiments in the growing of crops, the feeding of stock or any other branch of agriculture or by testing any system of farming; 8. By affiliating and co-operating with associations organ- ized to improve five stock or encourage grain growing, dairy- ing, forestry or fruit growing, or promote the study of plant fife or the destruction of injurious insects and plants. 1903, c. 17, s. 3. Expenditure of funds 4. The funds of agricultural societies, howsoever derived, shall not be expended for any objects inconsistent with those authorized by this Ordinance. (2) Such funds shall be deposited from time to time to the credit of the society in a chartered bank or other banking house; and all cheques shall be signed by the president or a vice-president and the treasurer or secretary-treasurer of the society. 1903, c. 17, s. 4. EXISTING SOCIETIES CONTINUED. Existing societies 5. All agricultural societies estabfished and in operation at the time of the coming into force of this Ordinance shaU be continued as agricultural societies under and subject to the provisions of this Ordinance and the present officers of such societies shall continue to hold office as such until the next annual meeting of the society. 1903, c. 17, s. 5. ORGANIZATION OF SOCIETIES. Organization 6. An agrfcultural society may be formed under the pro- visions hereof in the following manner: 1. An application in form A in the schedule hereto and containing the information indicated as required thereby shall be signed by not less than fifty persons all being over eighteen years of age and residents of the Territories and not being members of any other agricultural society; 662 S- 9 (4) AGRICTTLTURAL SOCIETIES Cap. 69 3 2. Every person signing the said application shall pay at least one dollar as or as part of his first anniial subscription to the funds of the proposed society and such moneys shall be paid to and be held by one of the subscribers in trust for the society; 3. The application shall be verified by an affidavit of one of the subscribers in the form appended to said form A; 4. The appUcation so verified shall be transmitted to the commissioner who, if he approves thereof, shall declare the subscribers thereto to be organized into a society under the name of "The Agi-icultural Society," and shall issue a certificate of such organization in form B in the schedule hereto and thereupon the society shall be deemed to be formed and it shall be a corporation and in addition to its other rights as such it shall have the power to hold real estate necessary for the objects of the society; but any society may, subject to the permission of the commissioner, change its name at any time. 1903, c. 17, s. 6. 7. As soon as practicable after the formation of the society First meeting a meeting of the subscribers and of such other persons as may °'''"''"''^" desire to become members thereof, which shall be the first annual meeting of the society, shall be held at the call of such person as the commissioner may nominate for that purpose and at such time and place and with such prior public notice as he may direct. 1903, c. 17, s. 7. 8. A report of the said meeting certified by the president R»ort to be and secretary which shall contain a statement of the number department of members and a list of the officers elected and appointed shall be sent by the secretary to the department within one week after the meeting. 1903, c. 17, s. 8. MEMBERSHIP. 9. Any person who would have been qualified to sign an Persons^ejig^He application for the formation of a society may become a mem- ber thereof at any time on payment to the treasurer of a mem- bership fee of not less than one dollar. (2) Payment of the said fee shall entitle the person paying it to the privileges of members! 'ip for the year for which it is paid. (3) At the time of payment of his membership fee every member shall give to the treasurer the post office address to which all notices of meetings and other notices shall be sent. (4) Subject to the by-laws of the society a firm or an incor- porated company may become a member of any society by the payment of the regular fee, but the name of one person only shall in any one year be entered as the representative or agent 663 Cap. 69 AGRICULTURAL SOCIETIES S. 9 (4) of such firm or company and that person only shall exercise the privileges of membership in the society. 1903, c. 17, s. 9. SUPERINTENDENT OF FAIRS. Officers appointed by commissions r 10. The commissioner may from time to time appoint a superintendent of fairs and institutes and such other officers as may be required to carry out the provisions of this Ordin- nance and may appoint an inspector to examine the books and accounts of any society and may confer on him any or all of the powers which may be conferred on a commissioner appointed under the provisions of An Ordinance respecting Inquiries concerning Public Matters. 1903, c. 17, s. 10. OFFICERS OF SOCIETY. Officers 11. The officers of the society shall consist of a president and two ^'ice-presidents who shall be ex officio directors and nine, twelve or fifteen additional elected directors as may be determined by the society, a secretary and a treasurer or a secretary treasurer and two auditors. 1903, c. 17, s. 11. Qualification of voters and officers 12. The persons qualified to vote for officers or to be elected shall be only those members who have paid their membership fee for the year in which the election is held. 1903, c. 17, s. 12. Officers to be i3_ A.t the first annual meeting all of the officers except the elected at first ^ iii i annual meeting sBcrctary and the treasurer or the secretary treasurer shall be elected by ballot. 1903, c. 17, s. 13. Term of office 14. Thc prcsidcut, vice-presidents, directors and auditors ot president . in i i -in elected at first elccted at the first or any subsequent annual meeting shall hold office until the next following annual meeting. 1903, c. 17, s. 14. Secretary- treasurer 15. The board of directors may from time to time appoint a secretary and a treasurer or a secretary treasurer who may be a director or directors and who shall hold office during pleas- ure. 1903, c. 17, s. 15. Security to given by treasurer be 16. The treasurer or secretary treasurer of every society before entering upon the duties of his office and within one month after his appointment, shall give such security as the board of directors may deem necessary for the faithful per- formance of his duties, including the due accounting for and payment over of all moneys which may come into his hands, and it shall be the duty of the directors to inquire into the sufl&ciency of such security and to report thereon to the depart- ment forthwith after its completion. 664 s. 22 (5) AGRICULTURAL SOCIETIES Cap. 69 5 (2) No grant shall be paid to any society under this Ordi- nance unless and until the directors shall have reported that the security of the treasurer or secretary treasurer has been approved by them. 1903, e. 17, s. 16. 17. In the event of an officer of an agricultural society dying vacancy in or resigning office, or in any other way vacating his office during" the period for which he has been elected, the board of directors shall appoint an eligible person to fill the office for the unexpired term of the person so vacating office. 1903, c. 17, s. 17. 18. If at any time there shall be no officers of a society or commissioner if there is an insufficient number of officers and they do not meetings, etc., act the commissioner may authorize any person to call a meet- '" "'''^'" ''''^'''' ing of the society for any purpose or to take such other action as the commissioner may deem proper in the interests of the society. 1903, c. 17, s. 18. MEETINGS OF SOCIETY. 19. Every agricultural society shall hold an annual meet- Annual meeting ing within the first ten days of the month of December in each ° ^""^ ^ year at such time and place as may be decided on by the board of directors. 1903, c. 17, s. 19. 30. At least two weeks' previous notice of the time and Notice of place of holding an annual or other meeting of a society g^alP"""^' "^"""^ be given by the secretary by written or printed notice mailed to each member of the society, and such additional notice as the directors may decide. 1903, c. 17, s. 20. 21. In case any society shall, through any cause, fail to Substituted hold its annual meeting within the time appointed the com-'""'""^ missioner mav appoint a time for holding the same, and the meeting shall" be called by the secretary or by some person appointed for that purpose by the commissioner in the sarcie way as the regular annual meeting and this meeting shall in all particulars be taken as the annual meeting of the society. 1903, c. 17, s. 21. 23. The following shall be the order of business at annual order^of meetings of agricultural societies: (1) Reading minutes of previous meeting. (2) Addresses and reports of officers. (3) Reports of committees. (4) Unfinished business. (5) New business. 665 6 Cap. 69 AGRICULTURAL SOCIETIES s. 22 (6) (6) Addresses and discussions. (7) Election of officers. (8) Adjournment. 1903, c. 17, s. 22. Reports 33. The board of directors shall at the annual meeting or board or directors prCSCnt (a) A report of their proceedings for the year with such remarks and suggestions upon the state of agricul- tural development in the district as they may see fit to offer; (h) A statement showing the name, occupation and post office address of each member with the amount of his subscription to the society for the year opposite his name; (c) A detailed statement of the receipts and expenditure of the society for the current financial year certified by the auditors; (d) A statement of the assest and liabilities of the society certified by the auditors; {(i) A statement showing the amount offered and also the amount actually paid in prizes for each kind of live stock, agricultural and domestic products, manufac- tured articles or other objects respectively and the number of entries in each class; (/) A report of each meeting held for the discussion of agricultural subjects giving the names of the speak- ers, the subjects of their addresses and the number of the persons present; (g) A report upon any co-operative agricultural experi- ments carried out under the instructions of the depart- ment during the year. 1903, c. 17, s. 23. Other meetings ^4. Meetlugs of the soclety other than the annual meeting may be held at any time that the board of directors may deter- mine. 1903, c. 17, s. 24. MEETINGS OF DIRECTORS. Dir_e9tors' 35. Dlrcctors' meetings shall be held upon written notice mailed by the secretary to each officer under instructions from the president, or in his absence, from a vice-president at least ten days before the day appointed for such meeting. 1903. c. 17, s. 25. QUORUM. Quorum 26. Ten members shall constitute a quorum at a meeting of the society and five directors at a meeting of the directors. 1903, c. 17, s. 26. 666 meeting's S. 31 AGRICTTLTURAL SOCIETIES Cap. 69 "i RETURNS. 37. A list of the officers elected at the annual meeting andKeports, etc., a copy or summary of each report and statement presented transmitted thereat shall be transmitted to the department by the secretary ""'"'""''"""' upon the form provided for the pm-pose on or before the twen- ty-third day of December in each year and in case these par- ticulars are not transmitted from any agricultural society within this date it shall not receive any portion of any Ter- torial legislative grant unless the commissioner is satisfied by the explanations given that such delay was unavoidable or inadvertent in which case he may pay the grant which such society would be entitled to after deducting the sum of five dollars for each week of such delay. 1903, c. 17, s. 27. BY-LAWS. 38. The members of each society may at an annual meeting By-iaws and or at a special meeting called for that purpose make, alter and '^°''" ^''""^ repeal by-laws and regulations for the general management of the society and subject to such by-laws the board of directors shall have fuU power to act for and on behalf of the society and all grants and other funds of the society shall be received and expended under their direction. (2) A copy of such by-laws and regulations shall be forth- with transmitted by the society to the department. 1903, c. 17, s. 28. REAL ESTATE. 39. The directors shall not sell, mortgage, lease for over a Disposal of year or otherwise dispose of any real property owned by the ''" ' society, unless authorized to do so at a special meeting of the society called for the purpose, of which at least a month's notice shall be given in the manner provided for calling such meetings. (2) The notice calling such special meeting shall state the object for which the meeting is called. 1903, c. 17, s. 29. EXHIBITIONS. 30. An exhibition may be held by any agricultural society, Exhibitions board of management, or any company organized for the pur- pose at such time and place as may be decided upon by the directors at a meeting called for that purpose. 1903, c. 17, s. 30. 31. If a society, board of management or any company Prf-ii'^^^ organized for the purpose shall propose to hold an exhibi- commissioner tion at which prizes are to be awarded the prize list shall be 667 Cap. 69 AGRICULTURAL SOCIETIES s. 31 Joint board of management sent to the commissioner at least six week before the date upon which the exhibition is to be held. 1903, c. 17, s. 31. Union of 32. Two or more societies may by agreement between their hou'inl'' "' respective boards of directors unite their funds or any portion exhibitions thereof for the purpose of holding a joint agricultural or live stock exhibition. (2) In the case of such amalgamation the directors of the saitl societies or delegates appointed for such purpose by each board of directors shall meet and shall elect from among their number a president and first and second vice-presidents, a secretary-treasurer and at least eight persons who, with the officers so elected, shall be a board of management and shall have the charge and management of the exhibition so to be held. (3) The directors or delegates and members of the board of management shall at all meetings have the right to vote in person or by proxy. w'board^ (^) *-^^® °^ more auditors shall be appointed at the meeting of the directors or delegates to examine and report on the accounts of such board of management and such report shall be presented by the directors of each society taking part in the joint exhibition at the next annual meeting of their society. 1903, c. 17, s. 32. Directors voting GRANTS. Payment of graits 33. There may be paid out of any moneys appropriated by the Legislative Assembly for the aid of agricultural societies an amount to be calculated as follows: 1. To each society whose membership is shown to include at least fifty members who have paid their fees up to the date of the annual meeting, which has held during the preceding year at least two meetings as provided in clause 1 of section 3 of this Ordinance, the sum of one dollar for each paid up member up to 150; 2. To each society which has during the preceding year undertaken co-operative agricultural experiments under the direction of the department, filed the returns required and complied with the instructions furnished in connection there- with, the sum of 15 for each experiment selected and carried out; 3. To each society holding an exhibition and to any in- corporated company or board of management of a joint exhibi- tion holding an exhibition and filing in the department on or before the twenty-third day of December following a return furnishing in respect of such exhibition the same informar- 668 s. 36 (2) AGRICULTURAL SOCIETIES Cap. 69 tion as is required of a society by clauses (c), (d) and (e) of section 25, whose total expenditure for prizes at such exhibi- tion exceeds $250 an amount equal to sixty-six and two-thirds per cent, of the amount actually paid out for such prizes, but not exceeding the sum of $1,000: Provided that the com- missioner may withhold payment in respect to any prize offered which in his opinion is not calculated to promote the legiti- mate objects of an agricultural exhibition; and provided also that no incorporated company that permits voting by proxy or allows more than one vote to be exercised by each share- holder irrespective of the number of shares owned or controlled by such shareholder shall be entitled to any grant under thi.= clause. (2) In case the amount of the appropriation available shall not be sufficient to pay the total amount of the grants which would be payable under this section then such amount may be apportioned between those entitled pro rata on the same basis. 1903, c. 17, s. 33. DISORGANIZATION OF SOCIETIES. 34. In the extent of its appearing advisable that any society J;™f ^^^"f^tjo"'' be disorganized, the commissioner may order and declare that, of societies on and after a day to be named by him, such society shall be disorganized, and thereupon the same shall cease to exist and the officers thereof shall cease to hold office. 1903, c. 17, s. 34. mmissioners settlement 35. Upon the disorganization of any society the commis-Co' sioner mav appoint a liquidator or liquidators to adjust andofaiairson T 1. , .1. . i. 1 • 1 1 IT • 1 disorganization settle the assets and liabilities of such society and such hquida- tor or liquidators so appointed shall have full power and authority to sell and dispose of and convert into money all the assets and property of such society, and shall apply the same so far as the same will extend, first, in payment of his or their remuneration, to be fixed by the commissioner, and secondly, in payment of the liabilities of the society, and the surplus, if any, shall be paid into the general revenue fund of the Territories. 1903, c. 17, s. 35. 36. The Lieutenant Governor in Council may make regula- R?g';^»«°n» by tions for the guidance of agricultural societies not inconsistent g°^=^?°-- '•" with the provisions of this Ordinance respecting the manner in which their official books and records are to be kept and governing the conduct and management of agricultural insti- tute meetings, exhibitions and any other undertakings such societies are authorized to eagnge in. (2) Any society that fails to carry out such regulations shall not be entitled to participate in any appropriation in aid of agricultural societies provided by the Legislative Assembly. 1903, c. 17, s. 36. 669 10 Cap. 69 AGRICULTURAL SOCIETIES Sched SCHEDULE. FORM A. APPLICATION FOR FORMATION OF SOCIETY. To the Commissioner of Agriculture of the North-West Ter- ritories. We the undersigned hereby apply to be formed into an agricultural society under the provisions of The Agricultural Societies Ordinance. The proposed name of the society is "The Agricultural Society," The proposed chief place of business of the society is at in the North-West Territories. And the undersigned, each as to himself, says: 1. That he is over eighteen years of age; 2. That he is a resident of the North-West Territories; 3. That he is not a member of any other agricultural society; 4. That he has subscribed to the funds of the society the sum set opposite his name in the fourth column hereunder and that he has paid to said funds the sum set opposite his name in the fourth column hereunder. Dated at this day of A.D. 1 SIGNATURE OCCUFATION POST OFFICE ADDRESS AMOUNT PAID Affidavit Verifying Appilcation. Canada North-West Territories. To Wit: I, of in the North-West Territories, make oath and say: 1. I am one of the subscribers to the foregoing {or annexed) application; 2. I verily believe that the statements made in the said application by each of said applicants are true; 670 Sched. AGHicuLTUEAL SOCIETIES Cap. 69 11 3. The sum of dollars, being the total sum paid by said applicants towards the funds of the proposed Agricultural Society is now held by in trust for said society. Sworn to before me at in the North- West Territories this day of f (Signature.) A.D. 1 in and for the N.'^W. T. 1903, c. 17, form A. FORM B. The North- West Territories. The Agricultural Societies Ordinance. This is to certify that on the day of A.D. 1 , apphcation was made to the Commissioner of Agriculture for the North- West Terri- tories by (here set out names and addresses of applicants) for the formation of an agricultural society under the provisions of The Agricultural Societies Ordinance, to be known as The Agricultural Society and to have its chief place of business at in the said Territories and the requirements of the said Ordinance as to matters preliminary having been complied with it is hereby declared that the said agricultural society has been this day organized under the name of The Agricultural Society and having its chief place of business as aforesaid and subject in all respects to the provisions of the said Ordinance. Dated at Regina this day of A.D. 1 Commissioner of Agriculture. 1903, c. 17, form B. 671 CHAFTER 70. An Ordinance respecting Municipalities. THE Lieutenant Governor by and with the advice and con- sent of the Legislati^'e Assembly of the Territories enacts as follows; SHORT TITLE. Short title 1. This Ordinance may be cited as "The Municipal Ordi- nance." CO., c. 70, s. 1. INTERPRETATIOX. Interpretation clauses 'Municipality' "Council" "Mayor" 'Reeve" "Land," etc. "Persona] estate," etc. "Elector' "Owner" "Proprietor" "Householder' 2. Unless otherwise declared or indicated by the context, whenever any of the following expressions occur in this Ordi- nance the meaning hereinafter expressed shall attach to the same, namely : 1. "Municipality" means any locality the inhabitants of which are incorporated a rural municipality or town; 2. "Council" means the municipal council; 3. "Mayor" means the head of the council of a town muni- cipality and "reeve" means the head of the council of a rural municipality or the person filling for the time being the posi- tion of mayor or reeve; 4. "Land," "real property" and "real estate" respectively shall include all buildings or other things erected upon or af- fixed to the land and all machinery or other things so fixed to any building as to form in law part of the realty and all mines, minerals, quarries, fossils in and under the same except mines belonging to Her Majesty; 5. "Personal estate" and "personal property" include all goods, chattels, shares in incorporated companies, interest on mortgages, dividends from bank stock, income and all other property except land and real estate and real property as above defined and except property herein expressly exempted; 6. "Elector" means any person entitled for the time being to vote at any municipal election or in respect of any by-law in the municipality or polling subdivision as the case may be; 7. "Owner" or "proprietor" means any person who has the ownership or use of any taxable property or has an agi-eement for purchase of the same; 8. "Householder" means the occupier of a house but shall not mean or include any person who is a mere lodger or boarder in a house; 672 s. 2 (16) MUNICIPAL Cap. 70 9. "Occupant" means a person who possesses, holds or "Occupant occupies any land under any title whatsoever or even without title or is occupying lands of the Crown under any style of location, agreement or tenure whatever; 10. "Lot" means one of the subtlivisions into which a piece "Lot- or parcel of land has been divided into smaller parcels for purposes of sale including the buildings and other improve- ments thereon; 11. "Revised assessment roll" means the assessment roll as -Revised finally passed by the court of revision and certified by the 'roF'""""' clerk notwithstanding that an appeal to a judge in respect thereof may be pending and after the decision of any such appeal the said expression shall mean the said roll with any amendments made thereto by the judge; 12. "Taxable person" means — "Taxable ^ person (a) Any person receiving an annual income or the owner of any personal property not exempted from taxation; (b) The owner of lands not exempt from taxation where the same are occupied by the owner or unoccupied, otherwise the occupant; 13. "Judge" means a judge of the Supreme Court of the "Judge- North- West Territories ; 15. "Drainage" shall be held to include and to have always '[Highway way, road or bridge respectively; "Bridge- 15. "Drainage" shall be held to include and to have always 'Drainage- included sewerage and sewage; 16. "Resident" shall mean a person residing within the limits '.Resident of the municipality. CO., c. 70, s. 2. 673 Cap. 70 MUNICIPAL PART I. Municipal Organization. THE BODY CORPORATE. General rigrhis 3. Evepy municipality in the North-West Territories is ofmuni'cfpaiit'i'ls hereby declared a body corporate and subject to all the lia- bilities of a corporation with full power to acquire, hold and alienate both real and personal estate for all municipal pur- poses and by the same name they and their successors shall have perpetual succession and shall have power to sue and be liable to be sued, implead and be impleaded, answer and be answered unto, in all courts and in all actions, causes and suits at law and in equity whatsoever; and they shall have a common seal with power to alter and modify the same at their pleasure; and they shall be in law capable of receiving by donation, acquiring, holding, disposing of and conveying any property real or movable for the use of said municipality and of becoming parties to any contracts or agreements in the management of the affairs of the said municipality. CO., c. 70, s. 3. Existing- council, officers, etc., continued hereunder 4. The head and members of the council and the officers, by-law, contracts, property, assets and liabilities of every municipal corporation when this Ordinance takes effect shall be deemed the head and members of the council and all by- laws, contracts, property, assets and habiUties of such council or municipal corporation shall be subject to the provisions of this Ordinance. CO., c. 70, s. 4. Town 5. In the case of towns the name of the body corporate ■nun,c.pai,t,es ^-^^^ ^^ urj,^^ rj,^^^ ^j (mimmg the Same)." CO., c. 70, s. 5. muntci aiities ^" ^^ ^^^ ^^^ °^ ^"^^^ municipalities the name of the body munic.pai.es g^j-p^j.^^^ gj^^jj j^g urpj^g municipality of (naming the same)." CO., c. 70, s. 6. Town councils 7. The couucll of every town shall consist of the mayor, who shall be the head thereof, and six councillors. CO., c. 70, s. 7. Rural municipal councils 8. The council of every rural municipality shall consist of a reeve and four councillors. (2) Should for any reason any municipality be or become insufficiently represented as required respectively by this Or- dinance the Lieutenant Governor in Council may make such appointments for office as shall fill the requirements of sec- tions 7 and 8 of this Ordinance. CO., c. 70, s. 8. 674 «• 11 MUNICIPAL Cap. 70 A ELECTIONS. 9. The persons eligible for election as mayors, reeves and Qf"^'''<^^''°"' councillors shall be natural born or naturalized subjects oi°^^^°^^' Her Majesty and males of the full age of twenty-one years'""""'""'' able to read and wi-ite, not subject to any disqualification under this Ordinance and qualified as follows: (a) In towns, being residents within the municipality or within two miles of the limits of the municipality, the owner at the time of the election of freehold, leasehold or partly free- hold and partly leasehold real estate rated in their own names on the last revised assessment roll of the municipality to at least the value following, over and above all charges, liens, and encumbrances affecting the same: freehold fSOO, lease- hold $1,500. (6) In rural municipalities, being resident within the munici- paUty and the owner at the time of the election of real estate of not less than $400 within the municipality rated in their own names on the last revised assessment roll of the munici- pality. [(2) In the case of an election held before the preparation and revision of an assessment roll the provisions of this sec- tion requiring the candidates for election to be rated on the assessment roU shall not apply.] CO., c. 70, s. 9; 1903, 1st session, c. 19, s. 1. 10. No judge of any court of civil jurisdiction, no gaoler Persons or keeper of any house of correction, no constable in any town, tor'^rounciUors no assessor, secretary-treasurer or other paid official of the municipality, . no bailiff, no inspector of hcenses, no person having by himself or his partner an interest in any contract with or on behalf of the corporation or being indebted to the municipality, and no surety for an officer or an employee of the municipality, and no person who shall have been convicted of treason or an offence punishable with death or imprison- ment for more than five years in any court of law within Her Majesty's dominions, shall be qualified to be a member of the council of any municipality. (2) No person shall be held to be disqualified from being shareholders elected a member of the council of any municipality by reason SrsquaiiSed of his being a shareholder in any incorporated company hav- ing dealings or contracts with the council of such munici- pality or by having a lease of twenty-one years or upwards of any property from the municipality; but no such lease- holder shall vote in the council on any question affecting any lease from the municipality and no such shareholder on any question affecting the company. CO., c. 70, s. 10, 1900, c. 23, s. 1. 11. The secretary treasurer shall on or before the first day voters' list of September in each year prepare a voters' list which shall 675 Cap. 70 MUNICIPAL S. 11 Application to be placed on voters' list be an alphabetical list of electors and which shall comprise the names of those persons duly quaUfied to vote at municipal elections in the municipality and shall post the same in a con- spicuous place in his office; such list shall contain opposite the name of each elector a short description of the real property in respect of which he is entitled to vote or if on personality or income the words "personality" or "income" as the case may be. CO., c. 70, s. 11. 13. Any person who has been resident in the municipality in the then current year prior to the first day of July and who is otherwise duly qualified whose name does not appear on the voters' list or who is not assessed on the roll high enough to be qualified as a voter or whose name is put down in error or whose name has been omitted from the last revised assess- ment roll (provided that the taxes are first paid on the prop- erty or income in respect of which he claims a vote) may either by himself or agent apply to have the Ust amended upon giving to the clerk a notice in the following form : To the secretary treasurer of the municipality of Take notice that I intend applying to the council to have my name added to the voters' list (or corrected as the case may he) for the following reasons {here state the grounds accord- ing to the facts) : {Signature of Applicant) Applicant. Or {Name of Applicant). Applicant by his agent. {Signature of Agent). CO., c. 70, s. 12. Names to be taken off list Notici 13. If any person qualified as a voter on income has left the municipality or if a person has disposed of the property for which he was qualified as a voter under this Ordinance before the first day of October in the then current year or if . any person's name is wrongfully put down he shall be deemed disqualified as a voter and any person duly . qualified may apply to the council to have the name of the party so or other- wise disqualified struck off the voters' list and the name of the proper party if any substituted therefor by notice to the secretary-treasurer of his intentions of applying to the council for that purpose as provided in the preceding section. CO., c. 70, s. 13. 14. Notices served upon the secretary-treasurer under the two preceding sections shall be served in each year on or be- fore the first day of November. CO., c. 70, s. 14. List for court 15. Ou or bcfore the fifth day of November the secretary- treasurer shall make a list of all applicants for amendments to the voters' list, stating names and grounds of each of such 676 s- 19 MiNiciPAL Cap. 70 < applications and shall post the same in a conspicuous place in his office and shall immediately thereafter notify the parties interested of the time and place fixed by the council for hear- ing such applications. CO., c. 70, s. 15. 16. On or before the fifteenth day of November in e&chf^l\l.°l year the council of each municipality shall meet as a finar"'""" court of revision on the voter's list and shall hear and deter- mine all appH cations of which notice has been given to the secretary-treasurer as hereinbefore provided and thereupon amend the voters' list in all cases provided for by sections 12 and 13 hereof as may be deemed fit and right and the list so amended shall be the voters' list of the municipality for the year next ensuing. CO., c. 70, s. 16. 17. The council sitting as a final court of revision on the court of voters' list as aforesaid shall have all the powers and privi- '^"'"°" leges conferred by this Ordinance upon the court of revision for the municipality sitting upon the assessment roll as to the attendance of witnesses and the imposition and recovery of penalties and as to procedure. CO., c. 70, s. 17. 18. The council shall at least one week prior to the last Annual- Monday in November, by by-law, appoint a returning officer "" '°"^ for the municipality, define the districts or subcU visions with- in the municipality (if such are deemed necessary) and the place or places where the votes are to be polled, and appoint a deputy returning officer for each of the said places where such votes are to be polled. (2) The persons qualified to vote shall be the men, unmar- Q"^='^'fi^|t'°" ried women and widows over twenty-one years of age who are assessed upon the last revised assessment roll of the munici- pality for income or personal property for $200 or upwards or who' are named upon the said assessment roll as either occu- pants or owners of real property held in their own right or (in the case of married men) held by their wives for $200 or upwards and whose names appear in the voters' Ust founded upon such roll: Provided always that a municipality may, by by-law, de- P^o^iso^as^to clare that no person shall be entitled to vote who has not on of taxes or before a day to be named therein paid all taxes due by him to such municipality either for the current year or all arrears of taxes or both. C.O., c. 70, s. 18. 19. In the municipalities which have passed a by-law under Defaulters the provisions of the proviso to the next preceding section on ' or before the day of nomination of candidates the secretary- treasurer shall prepare and verify on oath a correct alpha- betical list of the names of all persons who have not complied with the terms of any such by-law, such list to be called "the defaulters' list." 677 Cap. 70 MUNICIPAL S. 19 (2) Oath of election officers (2) Any person named in such defaulters' list may vote if at the time of tendering his vote he produces and leaves with the officer holding such election a certificate from the secre- tary treasurer of the municipality showing that the taxes (in respect of which default has been made) have been paid; and such officer shall file such certificate, receive the vote and note the same on the defaulters' list. CO., c. 70, s. 19. 20. Every returning officer, deputy returning officer, poll clerk, candidate or agent authorized to be present at any poll- ing place shall, before exercising any of the functions of such returning officer, deputy returning officer, poll clerk, candi- date or agent at any polling place, take and subscribe before a justice of the peace or the clerk of the municipality an oath in form as follows: I, A. B., do swear that I will not at any time disclose to any one the name of any person who has voted at the election to be held in the municipality of on the day of A.D. 1 ; and that I will not unlawfully attempt to ascertain the candidate or candidates for whom an elector has voted; and will not in any way aid in the unlawful dis- covery of the same; and that I will keep secret all knowledge which may come to me of the person for whom an elector has voted. So help me God. CO., c. 70, s. 20, Election notice 21. The returning officer shall, by notice in form A in the schedule of this Ordinance, posted up in ten conspicuous places within the municipality and at least six days previous to such meeting, call a meeting of the electors within the same on the first Monday in December for the purpose of nominating candidates for the offices of mayor or reeve and as many coun- cillors as may be required for the term commencing on the first day of January next ensuing. CO., c. 70, s. 21. Nomination proceedings Term of service 22. At the time and place named in the notice the return- ing officer shall declare the meeting open for the purpose of receiving nominations and any person whose name appears on the last revised assessment roll may propose or second the nomination of any duly qualified persons to serve as mayor, reeve or councillor; and the meeting shaU remain open until noon when if the number of persons nominated to serve as mayor, reeve, or councillors for the municipality does not ex- ceed the requisite number the returning officer shall declare the persons so nominated duly elected as hereinafter provided: 1. As mayor or reeve for the ensuing year, the candidate duly nominated for that office; 2. As councillors, at the first election the three candidates in town municipalities and the two candidates in rural muni- cipalities who shall have been first nominated shall be de- 678 tten consent s. 28 MUNICIPAL Cap. 70 clared elected for the two years next ensuing and the three candidates in town municipahties and the two candidates in rural municipalities who shall have been next nominated shall be declared elected for the next ensuing year and at each elec- tion thereafter councillors shall be elected for a term of two years : Provided always that every nomination for mayor, reeve orJ^'_^^ councillor shall be accompanied by a written consent from the person named in each nomination to accept the office if elected. CO., c. 70, s. 22; 1902, c. 9, s. 1. 33. In the event of more than the required number of per- P"" '^^^ared sons being nominated for the municipality the returning officer shall declare that a poll will be held in such municipality and name the time (which shall be the same day of the week as the nomination in the next following week), the place and the deputy returning officer or deputy returning officers, as the case may be, appointed to hold the same and the time and place where the result of such poll shall be declared. CO., c. 70, s. 23; 1902, c. 9, s. 2. 34. Whenever a poll has to be taken the returning officer ^^tfS" shall without any unreasonable delay after the nomination cause to be posted up in at least ten conspicuous places with- in the municipality a notice in form B in the schedule to this Ordinance. CO., c. 70, s. 24. 25. Any candidate nominated may withdraw at any time c^^'^^dates ^,^ after nomination and before the close of the poll on polling day by filing with the returning officer or deputy returning officer a declaration in writing to that effect signed by himself in the presence of the returning officer or deputy returning officer, a justice of the peace or a notary public and any votes cast for any such candidate shall be null and void. CO., c. 70, s. 25. 26. The poll shall be kept open from nine o'clock (stan-^X'e"' dard time) in the forenoon until five o'clock (standard time) in the afternoon of the same day. CO., c. 70, s. 26. 27. Any person producing to the deputy returning officer Ar-t^°f at any time a written authority to represent a candidate as agent at a polling place shall be recognized as such by the deputy returning officer. CO., c. 70, s. 27. 28. Every elector who is entitled to a vote in more than one Direction^ polUng subdivision shall vote for mayor in towns and for reeve in rural municipalities at the polling place or polling subdivi- sion in which he is resident if qualified to vote therein; or when he is a non-resident or is not entitled to vote m the polUng subdivision where he resides then where he first votes and there only. 679 Penalty for voting twice Evidence of voting- Cap. 70 MUNICIPAL s. 28 (2) (2) Any person who votes for mayor or reeve after having already voted for mayor or reeve at some other polling place at that election shall incur a penalty of $50 to be recovered with full costs of suit by any person who will sue for the same in any court having jurisdiction where the offence was com- mitted and any person against whom judgment is rendered shall be ineligible either as a candidate or elector at the next annual elections. (3) The receipt by any voter of a ballot paper within the polling booth shall be -prima facie evidence that he has there and then voted. CO., c. 70, s. 28. Oaths 39. At the request of any candidate or his agent or of any elector the following oath shall be administered to any person tendering his vote at such election: You do solemnly swear that j^ou are the person named or purporting to be named by the name of on the voters' list now shown to you; that you have not before voted at this election; and that you have not received or been promisetl any consideration whatsoever for voting at this election and (7/ the vnmicipaliiy has passed a bylaw requiring all persons to have paid their taxes to entitle them to vote) that you haA'e paid all taxes in arrear due by you to the munici- palit}' of ; that you are of the full age of twenty-one years ; {if a woman that you are unmarried or a widow). CO., c. 70, s. 29. Poll clerk Powers and duties 30. Every deputy returning officer may by writing under his hand appoint a poll clerk who in the absence of such de- puty returning officer or on his failure or inability to fulfil the duties required of him by this Ordinance shall have all the powers of such deputy returning officer. CO., c. 70, s. 30. Ballot 31. The votes at all elections shall be given by ballot in manner hereinafter set forth. CO., c. 70, s. 31. Form of ballot 33. Every ballot paper shall contain the names of the can- didates alphabetically arranged and all ballot papers shall be in form C in the schedule to this Ordinance. CO., c. 70, s. 32. R. O. .hall procure ballots and boxes 33. The returning officer shall procure or cause to be pro- cured as many ballot boxes as there are polling subdivisions in the municipality and cause to be printed a sufficient num- ber of ballot papers for the purposes of the election. CO., c. 70, s. 33. Delivery of 34. Thc returning officer shall at least two days before poU- ballot boxes • i i i. i- i i n i » i mg day deliver one of the ballot boxes to each deputy return- ing officer. CO., c. 70, s. 34. 680 s. 39 (5) MUNICIPAL Cap. 70 10 35. The returning officer shall before the poll is opened ^^iiots to be cause to be delivered to every deputy returning officer the ballot papers, materials for marking the ballot papers and a sufficient number of printed directions for voting in form D in the schedule to this Ordinance. CO., c. 70, s. 35. 36. The secretary treasurer of the municipahty shall supply voters Hst to each deputy returning officer before the opening of the poll a voters' fist in form E in the schedule to this Ordinance, con- taining the^ names of all the electors at that polling subdivi- sion and a copy of the defaulters' list if any as provided in section 19 of this Ordinance. CO., c. 70, s. 36. 37. Every deputy returning officer shall provide a compart- Po"ing tooth ment at the polling place to which he is appointed where the voters can mark their ballots screened from observation, and may appoint a constable to maintain order at the polling place. CO., c. 70, s. 37. 38. Every deputy returning officer shall immediately before proceedings at the commencement of the poll open the bahot box and call such °p'='""e of pou persons as may be present to witness that it is empty; he shall then lock and properly seal the same to prevent its being opened without breaking the seal and then place the box in view for the reception of the ballots and the seal shall not be broken nor the box unlocked during the time appointed for taking the poll. CO., c. 70, s. 38. 39. Pr«ceedings at the poll shall be as follows: pon'^"'"°' 1. On a person presenting himself for the purpose of noting i^e_ot ^,^^ the deputy returning officer shall ascertain that the name gf'""^ such person is entered or purports to be entered upon the voters' list of his polling division; 2. If such person takes the oath or affirmation prescribed bv Entry when i^ • /T^ 1 11 j_ 1 oath IS taken this Ordinance the deputy returning officer shall cause to be entered opposite the name of such person in the proper column of the voters' Ust "sworn" or "affirmed", according to the fact; 3. AVhen such person as aforesaid has been required to take Ent^r^^ when the oath or affirmation prescribed by this Ordinance and re-?aken""° fuses to take the same the deputy returning officer shall cause to be entered in the proper column of the voters' list opposite the name of such person the words "refused to be sworn" or "refused to affirm", according to the fact; 4. No person who has refused to take the oath or affirmation con^-ti°"ed] debts and liabilities of the village be assumed and paid by the town municipality.] 1901, c. 23, s. 25. [82^. The title to and all rights in respect of any real estate [Title to or other property of the village shall be vested in the town ^mageYoVss municipality upon the erection of the village into a town '° '°^°' municipality.] 1901, c. 23, s. 26. [incorporation of towns in rural municipalities.] [82r. The Lieutenant Governor in Council in case it is made [Conditions for to appear that any area not exceeding 1,280 acres included o°Towns*^n°° within the limits of a rural municipality contains a population mi^cipaiity] of more than four hundred persons may order a vote of the ratepayers to be taken on the question of the constitution of the said area as a town municipality and may by the said order name a returning officer to take the said vote.] 1903, 2iid session, c. 22, s. 6. [82s. Notice of the said order shall be given by the returning[Notice to be officer by publication in the same manner as is required to be""''''*^'" given by section 82d hereof in the case of the proposed erection of a village into a town municipality.] 1903, 2nd session, c. 22, s. 7. r82i. The said notice shall state — [Contents '- of notice] (a) The area of the proposed town ; (6) The name approved by the Lieutenant Governor in Council ; (c) The date and place for taking the said vote.] 1903, 2nd session, c. 22, s. 8. [82m. The secretary treasurer of the rural municipality shalUsecretary forthwith on demand by the returning officer furnish him with to furnish , a cerfcihed copy of that portion of the last revised assessment olic^^tii roll of the said municipality containing the names of the men , asfe^sment niarrioi worjjen and widows over twenty -one years of age who™"' are assessed upon the last revised assessment roll of the rural municipality for income or personal property within the area of the proposed town for $200 or upwards or who are named upon the said assessment roll as either owners or occupants of real property situate within the area of the proposed town held in their own right or in the case of married men held by their wives for $200 or upwards.] 1903, 2nd session, c. 22, s. 9. 695 25 Cap. 70 MUNICIPAL s. 82v 'b^Tubm?ttedi [82». The question to be submitted at the said vote shall be "For the incorporation" or "Against the incorporation" and such question shall be determined by open voting.] 1903, 2nd session, c. 22, s. 10. [Qualification [82io . The persons qualified to vote upon such question shall be the persons whose names appear upon the certified copy of the assessment roll mentioned in section 82u.] 1903, 2nd session, c. 22, s. 11. [Returning [82a;. Upou the close of the poll the returning officer shall cert5y result] Certify the result of the poll to the Lieutenant Governor in Council and shall forward with his certificate the certified copy of the assessment roll.] 1903, 2nd session, c. 22, s. 12. [If approved Dy two-thirds votes, town may be incorporated] [Ordinance to apply] [S2y. If two-thirds of the votes are in favour of the incor- poration of the town the Lieutenant Governor in Council may by proclamation incorporate the town comprising the said area or such less area as he may think fit.] 1908, 2nd session, c. 22, S.13. [S2z. From and after the incorporation of the said town all of the provisions of this Ordinance applying to town munici- palities shall apply thereto.] 1903, 2nd session, c. 22, s. 14. [First election] [82ao. The Lieutenant Governor may in his proclamation hereinbefore mentioned appoint a returning officer to hold the first election of mayor and councillors for the said town.] 1903, 2nd session, c. 22, s. 15. [)? ma^OT^'e'tc ] [8266. The persons eligible ^'or election as mayor and coun- cillors at such first election shall be any male British subject of the full age of twenty-one years, able to read and write, resident within oi within two miles of the limits of the town, the owner at the time of the election of freehold real estate rated in their own names on the last revised assessment roll mentioned in section 82u hereof of the value of at least $500 or of leasehold real estate rated as aforesaid of the value of at least .$1,500 over and above all charges, liens and encumbrances affecting the same.] 1903, 2nd session, c. 22, s. 16. [Who may nominate] [Term of office of mayor] [82cc. The persons qualified to nominate candidates for the office of mayor or councillors shall be the persons qualified to vote for such candidates.] 1903, 2nd session, c. 22, s. 17. [82dd. The term of office of the mayor elected at the first election shall if such election be prior to the first day of July be until the end of the then calendar year and if such election be not prior to the first day of July then until the end of the then next ensuing calendar year.] 1903, 2nd session, c. 22, s. 18. 696 s. 82ii MUNICIPAL Cap. 70 26 [82ee. The three candidates first nominated for councillorP[Termot office in the event of there being no poll or the three candidates" "°"°" "^ receiving the highest number of votes in the event of a poll beiiifr held shall be declared elected for the term ending at the end (if the calendar year next following or next but one foUow- iag the date of the election according as such election is held piior or not prior to the first daj of July and the remaining three candidates elected shall be declared elected for the term ending with the then calendar year or the then next following calendar year according as such is held prior or not prior to the first day of July.] 1903, 2nd session, c. 22, s. 19. r82//. The persons qualified to vote at the first election ofCQ"^''*'"^""" ~ T -11 1 11 1 _Li ■ T • "' voters] mayor and councillors shall be the persons mentioned m sec- tion 82w hereof.] 1903, 2nd session, c. 22, s. 20. r82qq. The returning officer shall be the secretary treasurer [Returning 1.1-1 11 11 111 /v -ll- • 0ffi<=S'' to D8 of the said town and shall hold ofi&ce until his successor is secretary appointed by the council.] 1903, 2nd session, c. 22, s. 21. [62hh. All arrears of taxes upon persons or property within [Arrears of the said town shall be payable to the town municipality and may be collected in the same manner as if they had been taxes imposed by the said town.] 1903, 2nd session, c. 22, s. 22. [82m. The Lieutenant Governor in Council may make such [Adjustment order as may seem fit for the adjustment of the assets and liabilities] liabilities between the said town and the rural municipality.] 1903, 2nd session, c. 22, s. 23. 697 Cap. 70 MUNICIPAL s. 83 PART II. Councils. DUTIES AND POWERS. First meeting 83 . The first meeting of the council elected shall be held on the first Monday in January in each year except when such Monday is a public holiday in which case the meeting shall take place on the next subsequent day not a public holiday and the council of the previous year shall hold office up to the first meeting of the new council notwithstanding the fiscal year expires on the thirty-first day of December in each year Council to hold ^^^ i'^ '^^^^ °^ neglect or refusal of the electors in a municipal- office tin itv to elect a council as hereinbefore provided until a new successors elected couucil is appointed under the provisions of this Ordinance. CO. c. 70, s. 83. Quorum 84. A majority of the council shall be a quorum at any meeting but when the council consists of only five members the concurrent votes of at least three shall be necessary to carry any resolution or other measure. CO. c. 70, s. 84. Jurisdiction over highways, bridges and streams 85. Every municipality shall have jurisdiction over all high- ways within the same and the Lieutenant Governor in Council may give a municipality jurisdiction over any highway, bridge or sti-eani dividing municipalities or adjacent thereto when not dividing municipalities and may determine what portion of highway, bridge or stream dividing municipalities shall be within the jurisdiction of each. CO. c. 70, s. 85. Cemeteries 86. Whenever a municipality acquires by purchase, dona- tion or otherwise any plot of land for cemetery purposes out- side of the limits of the municipality the provisions of The Crmetenj Ordinnnre shall apply mutatis mutandis to the said municipality and the council may pass bylaws for raising money for improving, caring for and beautifying such land. CO. c. 70, s. 86. Certain worlis to be kept in repair 87. Every municipality shall keep in repair all sidewalks, crossings, sewers, culverts and approaches, grades and other works made or done by its council and on default so to keep in repair shall be responsible for all damages sustained by any person by reason of such default but the action must be brought within six months after the damages have been sus- tained. CO. c. 70, s. 87. Control of ferries and bridges 8'8 . Municipalities may control and license ferries and bridges erected or authorized by them within their jurisdictiop 698 s- 9SCi) MUNiciPAii Cap. 70 28 and pass bylaws allowing the collection of tolls thereon for periods not exceeding five years. CO. c. 70, s. 88. 89. Every council may make regulations and bylaws notMaymake provided for by this Ordinance and not contrary to law forgJiemment governing its proceedings, calling meetings, the conduct of its°'^''°°^^'^'°^ members, appointing committees, and generally such regula- tions as the good of the municipality may require and may repeal, alter and amend its own bylaws except where bylaws are made for the purpose of raising money, levying assessments or striking rates. CO. c. 70, s. 89. 90. Every council may pass a bylaw for paying the members Councillors- thereof, which shall in no case exceed the sum of [$3.00] per'°'^^""*^ day and ten cents for every mile necessarily travelled coming to and returning from the business of the council : Provided that the number of days for which each councillor Number of shall be paid during the year for which he is elected shall not exceed [15]. CO. c. 70, s. 90; 1902, c. 9, s. 4. 91. AH municipal officers shall hold office until removed by Duration of the council, or as expressed in their appointments,. CO., employees c. 70, 8. 91. 92. No municipal council shall make any appointment toNo office or arrangement for the discharge of the duties thereof by tender by tender or to applicants at the lowest remuneration. CO. c. 70, s. 92. 93 . The municipal council in addition to defining the duties Duties of of its officers shall exact security -from the secretary -treasurer" and such other officers as they may determine for the faithful ^''""*^ performance of their duties and i' shall be the duty of every council at its first meeting or within a reasonable time there- after to examine and renew the securities given by its officers. CO. c. 70, s. 93. 94. Municipal officers shall be liable for their acts and forLiaWUtiea damage arising from their refusal or neglect to discharge their duties to the municipality in addition to penalties imposed for violation of any of the provisions of this Ordinance. CO. c. 70, s. 94. BYLAWS. 95. The council of every municipality may pass bylaws Bylaws for : 1. The raising of its revenue by assessment on real and per-R^^^j°| sonal property and income ; authorising the chairman and the treasurer to borrow from any person or bank or corporation, such sum of money as may be required to meet the ex-pendi 699 29 Cap. 70 MUNICIPAL S. 95(1) ture of the municipality until such time as the taxes levied therein can be collected ; but such sum of money so borrowed shall not exceed the estimated revenue of the municipality of the then current year and the collection and expenditure of the same. '2. The prevention of cruelty to animals not being inconsis- tent with any statute or Ordinance in that behalf ; 3. Granting aid to agricultural societies ; [or to boards of trade or incorporated mechanics and literary institutes within the municipality] ; 4. The prevention or removal of abuses prejudicial to agri- culture not otherwise provided for by law ; 5. The relief of the poor; 6. Appointing policemen, watchmen and patrols and regu- lating and defining their duties and their remuneration ; 7. Providing for the health of the municipality and against the spreading of contagious or infectious diseases ; 8. Appointing and defining duties of a board of health, health officers, and scavengers ; [9. Providing for planting and protecting trees on highways and other public places] ; 10. Taking the census of the municipality ; 11. Appointing such officials under such names as the coun- cil may deem necessary for the carrying out of the work of the corporation defining their duties and providing for their re- muneration ; Expropriating 12. Entering upon and taking and using and acquiring so much real property as may be required for highways, roads, streets, bridges, alleys and byways in the municipality with- out the consent of the owners of such real property and with- out the consent of the owners taking and acquiring for the purpose of preventing the operation of any and all such coal mines and coal pits within, upon or under any portion of the limits of the municipality (being a town) as in the opinion of the municipal council injuriously affect or endanger prop- erty within the limits of the municipality making due com- pensation therefor to the parties entitled thereto ; and such compensation may be determined by arbitration under the provisions of this Ordinance where a mutual agreement is not possible ; Public works 13. Laying out, constructing, repairing and maintaining highways, roads, streets, bridges, alleys and byways; 14. The erection of halls, lockups, weigh houses, markets and such buildings as may be beneficial to the municipality and to expropriate lands therefor , 700 Prevention of cruelty Agricultural societies, etc. Prevention of abuses Poor relief Police Public health Health officers Scavenging Planting trees Census Appointing officials Public buildings s. 95(22) MUNICIPAL Cap. 70 30 15. The establishment and regulation of public markets and Public imposition of penalties for light weights, short measurement"^*^'' and any breach of contract in public markets and restraining ff,"e°f°" or preventing selling on the streets ; 16. Establishing municipal scales for weighing or measur- PubUc scales ing and compeUing the weighing or measuring thereon or thereby of anything sold by weight or measurement in the public market and establishing or regulating the fees to be paid for weighing or measuring on such scales and compelling dealers in coal to weigh upon such scales all coal sold by them if requested to do so by the purchaser ; 17. Purchasing, controlling, erecting or establishing parks, Parks 18. Making and regulating the use of pubhc wells, cisterns Public we iis and reservoirs ; 19. Regulating the size and number and construction of Regulating doors in churches, theatres and halls or other places of public buiidfngs worship, pubhc meetings or places of amusement and the street gates leading thereto and also the size and structure of stairs and stair railings in all such buildings and the strength of beams and joists and their supports ; [and also providing for and regulating the size and number of fire-escapes for buildings more than two storeys in height] ; 20. Controlling and constructing sewers, drains and ditches Drainage and regulating and preventing the obstruction of the same ; building and repairing sidewalks, preventing the leading, rid- ' ^''^ ing or driving of cattle or horses thereon or the riding on bicycles or tricycles thereon and compelling persons to remove and clear away all snow, ice and dirt and other obstructions from the sidewalks adjoining the premises owned or occupied by them ; and also to provide for the cleaning of sidewalks adjoining vacant property of nonresidents and the property of any other persons who for twenty-four hours neglect to clean the same and in case of nonpayment of the expenses thereof by the owner or occupant, charging the same against the prop- erty as a special assessment to be recovered in like manner with the 'other taxes ; 21. Authorizing any corporate gas or water or gas and Laymg down water company to lay down pipes or conduits for the convey- ance of gas or water or both under streets, squares and other public places subject to such regulations as the council may make ; 22. Contracting [subject to ratification by the ratepayers Water supply as provided in Part V of this Ordinance in the case of bylaws pire protection for creating debts,] with any water works or water company for a supply of water within the municipality for fire purposes and other public uses for hydrants or otherwise as may be deemed advisable and for the renting of any such hydrants for 701 31 Cap. 70 MUNICIPAL s. 95(22; Abatement of nuisances Preventing incumbering of streets Regulating driving on streets Storage of gunpowder, etc. Preventing defacement of buildings Regulating driving on bridges Licensing gaming tables Licensing shows, etc. any number of years not in the first instance exceeding [twen- ty] and renewing any such contract from time to time for such period not exceeding ten years as such council may desire and every such council shall also have power to purchase hydrants necessary for any of the purposes or uses aforesaid and also to erect the same ; and purchasing oi' renting for a term of years or otherwise fire apparatus of any kind and fire appliances and appurtenances belonging thereto respectively ; 23. Compelling the removal of dirt, filth, dust or rubbish, off the highways, streets, lanes, alleys or byways by the party depositing the same or by the owner or occupant before whose property it is or in default removing the same at his expense ; compelling the removal of anything deemed dangerous to the lives of the inhabitants ; preventing and regulating the con- struction of privy vaults and water closets and providing for keeping the same in a proper state of cleanliness and repair; preventing or regulating the erection or continuance of slaugh- ter houses, gas works, tanneries, distilleries or other manu- factories or trades which may prove to be nuisances ; and preventing and abating nuisances generally ; 24. Preventing the incumbering of streets or other public places by vehicles, agricultural implements, lumber and other articles ; 25. Eegulating the rate or pace of riding or driving within the municipality or any part thereof ; 26. Eegulating the keeping and transporting of gunpowder and other combustible or dangerous materials ; 27. Preventing the defacing of private or other property by printed or other notices ; 28. Eegulating the rate or pace of riding or driving on bridges ; 29. Licensing, regulating and governing all persons who keep or have in their possession or on their premises any billiard, pool or bagatelle table in a place of public entertain- ment whether such table be used or not and for fixing the sum to be paid for a license for each such table and the time such license shall be in force ; ?.0. Preventing or regulating and licensing exhibitors of wax works, menageries, circuses, shows, theatres, caravans and for requiring the payment of license fees for authorising the same not exceeding $500 per day and for imposing fines on persons for infringing such bylaws to the amount of $50 over and above the amount of the license fee, and such fine and costs and fee may be levied by sale of the goods of the showman or the goods belonging to or used in connection with the sho\A- nr exhibition whether owned by the showman or not and in addition the offender may be imprisoned for six months ; 702 s. 95(37) MUNICIPAL Cap. 70 32 31. Preventing or regulating and licensing exhibitions held Licensing or kept for hire or profit, halls, opera houses, bowling alleys amusement ui;d other places of amusement ; 32. Licensing, regulating and governing hav?kers, pedlers Licensing or petty chapmen and other persons carrying on petty trades or who go from place to place or to other men's houses on foot or with any animal bearing or drawing any goods, wares or merchandise for sale or for fixing the sum to be paid for a license for exercising such calling within the municipality and the time it shall be in force ; 33. Controlling, regulating and licensing livery, feed and Licensing sale stables, telegraph and telephone companies, telegraph and telephone offices, insurance companies, offices and agents, real estate dealers and agents, intelligence offices or employ- ment offices or agents, butcher shops or stalls, skating, roller or curling rinks, and all other business industries or callings carried on or to be carried on within the municipality or com- mercial travellers or other persons selling goods, wares, mer- chandise or other effects of any kind whatsoever or offering the same for sale by sample cards, specimens or otherwise, for or on account of any merchant, manufacturer or other person selling directly to the consumer, not having his principal place of business in the municipality, and collecting license for the f-an.c : 34. Licensing porters, water dealers, milk dealers or car- Licensing^^ riers or common carriers, draymen, hackmen, omnibus drivers a lid guides and regulating the same ; (a) And for fixing the sum to be paid for license for exer- cising any or all such callings within the municipal- ity and the time the license shall be in force ; (b) The power hereinbefore contained to license ,and regulate porters, water dealers, carriers, draymen, hackmen, omnibuses and guides shall extend to and include all those who carry on business as such partly within or without the municipality or who carry or convey goods or persons from any place out- side the municipality to any place with the same or from within such municipality to any place beyond the limits thereof ; 35. Eestraining and regulating the running at large of dogs Restraining and imposing a tax on the owners , possessors or harbourers of dogs and killing dogs running at large ; 36. Eegulating the assize of bread and preventing the "se Reguiatin^g^^^ of deleterious materials in making bread and providing for the seizure and forfeiture of bread made contrary thereto ; 37. Allowing a rebate on all taxes paid before a time to hef^bsXme named in the bylaw ; such rebate shall not exceed ten per cent. , 703 33 Cap. 70 MUNICIPAL s. 95(37) Exempting from taxation Bonusing manufactories Operating industries Fire department and the time fixed by the bylaw shall not be less than thirty days from the passage of the bylaw ; 38. Exemption from taxation for the then current year ; 39. Exemption from taxation for a longer period than one year subject to ratification as hereinafter provided ; 40. [Making loans or] granting bonuses to manufactories, mills, railways or any works of a public nature subject to rati- fication by the ratepayers as hereinafter provided ; 41. Building, owning or operating grist mills, elevators and manufacturing establishments, subscribing for stock therein subject to ratification as hereinafter provided ; 42. Establishing a fire department, appointing the officers thereof, regulating and providing remuneration and pre- scribing their duties ; Fire protection 43, Providing protection from fire by the purchase of en- gines and equipment ; 44. Compelling the inhabitants to assist and aid in the ex- tinguishment of fires ; pulling down and razing buildings in the vicinity of fires for the purpose of preventing the spread- ing of the same ; 4.5. Eegulating fire districts; 46. Eegulating the erection and repair of buildings and pre- venting the erection of wooden buildings or additions thereto and wooden fences in specified parts of the municipality and prohibiting the erection or placing of buildings other than with main walls of brick, iron, concrete or stone and roofing of incombustible material within defined areas of the munici- pality and regulating the construction of chimneys as to dimensions and otherwise and enforcing the proper cleaning of the same and authorising the pulling down or removal at thfi expense of the owner thereof of any building or erection whicli may be constructed or placed in contravention of any bylaw; 47. Grenerally establishing such measures as the safety and welfare of the municipality may require for the prevention and extinguishment of fires ; 48. Compromising upon such terms as may be agreed upon for the payment of arrears of taxes ; 49. Compelling the destruction of noxious weeds and plants by the owner or occupant of the premises upon which the same may be grown or standing or in default destroying or remov- ing the same and charging the expenses so incurred as taxes against such premises for the current year ; 50. The purchase or otherwise acquiring and holding any lands situated outside the limits of the municipality which may be required for a nuisance ground for the purpose of dis- posing of the sewage and other refuse of such municipality ; 704 Compelling assistance in putting out iire, razing buildings Fire districts Regulating erection of wooden buildings, etc. Chimneys Removal of improper buildings Prevention of fires Compromising arrears of taxes Destruction of noxious weeds Purchase of nuisance ground s. 95(58) MUNICIPAL Cap. 70 34 51. Generally to make and establish all such bylaws for the^"'*'^'''""™' °' . T 11 » , ..,.■' municipality government and good order oi the municipahty and the sup- pression of vice and immorality, protection of property and the promotion of health not inconsistent with the law ; 52. Investing any part of the monies held by them to the investment of credit of a sinking fund account (which cannot be imme- ^'"""""^ '""'^ diately applied towards paying the debt by reason of no part thereof being yet payable) from time to time in Dominion Government securities, school or municipal debentures of any school or municipality in the North- West Territories provided that such debentures mature before the date on which the debt for which the said sinking fund exists is due and payable ; [53. Prohibiting the discharge of firearms or other ex-useof plosives in the municipality or in any part of the municipality '^''^''™^ comprised in any registered townsite.] ; 54. On presentation of a duly certified petition representing Preventing one-half of the resident ratepayers of any municipality or por-Sn 'street^*""* tion of a municipality regulating the time after which children "* ^^etiUM shall not be in the streets within the limits represented by the said petitioners, at nightfall without proper guardianship and the age or apparent age of boys and girls respectively under which they shall be required to be in their homes at the hour appointed and such municipal council shall in each case cause a bell or bells to be rung at or near the time appointed as a warning to be called a "curfew bell" after which the children so required to be in their homes or oif the streets shall not be upon the public streets except under proper control or guard- ianship or for some unavoidable cause ; and for providing a penalty for any child so found in the public streets contrary to the above regulations and the parent or guardian of any child who after being duly warned in writing permits his child to be on the public streets contrary to said regulations ; 55. The erection [maintenance] and regulation of hospitals Hospitals or granting aid to same ; 56. Preventing the putting of anything prejudicial to health Preve?ting^ in any stream or any body of water within the municipahty water supply or from which water is supplied for any purpose ; 57. Preventing the burial of the dead within the "lunici- Re^^uiadnj;^^^ pality ; 58. Building, erecting or buying or leasing, controlling ^^'i^j'^^*''^^^^^ operating telephone plant, electric light and power plant, gas° """"^ ' and waterworks plant or purchasing stock in any incorporated company carrying on or formed for the purpose of carrying on any of the said businesses subject to the ratification of the ratepayers ; (a) For all purposes connected with the carrying on of any of the above works the municipality is hereby 705 35 Cap. 70 MUNICIPAL 3. 95 (58) Licensing pawnshops Licensing scavengers, etc. Removal of obstructions Regulating railways Regulating railway trains authorised to purchase any lands either within or without the municipality and to enter into any con- tract necessary for the proper carrying on of said businesses and generally to conduct said works and businesses arising in connection therewith either by the council or by commissioners or agents appointed for the purpose as fully and freely and with all the powers and rights they would have if specially in- corporated for the purpose of carrying on said busi- ness ; (b) In case the municipality engage in any of the busi- nesses heretofore referred to the council shall have power to appoint by bylaw commissioners for the purpose of carrying on such businesses or any of them and all necessary contracts in connection there- with may be done and performed in the name of the said commissioners who shall be called "electric light commissioners," "telephone commissioners" or as the case may be and by that name shall have all the powers for properly carrying on the business which are herein granted to the municipality ; 59. Licensing and regulating pawnshops, junk stores or shops and second hand stores or shops and fixing the amount to be paid for license for the same and the time such license shall be in force ; 60. Eegulating and licensing scavengers and billposters and preventing the pulling down or defacing of signboards or written or printed notices lawfully affixed ; 61. Directing the removal of doorsteps, porches, railings or other erections or obstructions projecting into or over any side- walk, street or other public place at the expense of the propri- etor of the property connected with which such projections are found and assessing said expense if not paid against said lot or property ; 62. Sanctioning and permitting the track of any railroad, street railway or tramway to be laid in, on or along any street or avenue of the municipality and to provide compensation for any damage that may be done to the property on said streets or avenues ; the amount of said damage if any to be settled in the manner provided herein in regard to the expropriation of land ; and to regulate the use of locomotive engines and of steam or other motor power on any or every portion of any i-uilroad within the municipality and to provide and regulate the ppeed of cars upon any and every part of any railroad uithiii the municipahty and to impose a penalty not exceeding $r.00 for any breach of such bylaw ; 63. Subject to the provisions of any act of the Parliament of Canada respecting railways, regulating the rate o^' speed cf 706 s. 95(70) MUNICIPAL Cap. 70 36 railway trains and engines along or across any of the streets or avenues of the municipality and preventing the obstructing of any streets or avenues by leaving, keeping or allowing to stand thereon any engine, train, car or cars or truck for a longer period than five minutes at a time and preventing the loading or unloading of any car or truck along side or from any street ctossifig or sidewalk in the municipality and blowing of whistles or ringing of bells while the engine is going along or across any street or avenue except under conditions mentioned in such bylaw and imposing a penalty for breach of such by- law not exceeding $500 ; (a) In any proceedings taken for infraction of bylaws Procedure passed under the two preceding subsections service of necessary documents upon any resident employee of the railroad shall be good service upon the owners of the railroad and both the owners of the railroad and the persons in charge of the engine, car, truck or train shall be Hable for the penalty provided in the bylaw and proceedings may be taken against either or both. 64. Eegulating the sale of any articles used for food or Regulating drink and providing for inspection of same and for seizure and"''^°^'°°'^ forfeiture of articles offered or exposed for sale contrary thereto ; 65. Authorising the mayor and secretary- treasurer to sign contracts for any contract with any person or corporation to supply light or''*^''*"''"'**®'' water for the use of the corporation for any period not exceed- ing five years ; 66. Appointing street and building inspectors and providing Removal their duties and for providing for the summary removal of any buildings pole or wire or other obstruction from the street or for the pulling down or removal or closing to the use of the public of any building or other erection within the municipality which shall he deemed dangerous by such inspectors ; 67. Constructing through, over and above lands lying be-D^Mse yond or outside of the limits of the municipality such drains and sewers as may be deemed expedient to secure the proper drainage of said municipality and the disposal of the sewage thereof ; 68. Naming or numbering the streets or avenues and Naming changing the name and numbers or any of them of streets and avenues now existing or hereafter laid out within the munici- pality ; 69. Authorising the building of fire walls and granting Fire walls bcamses for the same ; ''.(). Acquiring any estate in landed property within or ■witl'-f°r'|^5'"ajta cut- the town [for obtaining gravel or] for an industrial f arm exMbi'tion 707 ^°""' '■ ^^°' 37 Cap. 70 MUNICIPAL s. 95(70) Erecting buildings, etc. Management of parks, etc. Issuing debentures to aid railways Closing of shops Restraining running at large of animals or for a public park, garden or walk or for a place for exhibi- tions and for the disposal thereof when no longer required for the purpose or when the council of the- town may deem it advisable to dispose of the same; and for accepting and taking charge of landed property within or without the town dedicated for a public park, garden or walk for the use of the inhabitants of the town ; 71. The erection of buildings and fences for the purpose of the farm, garden, walk or place for exhibitions as the council deems necessary ; 72. The management of the farm, park, garden, walk or place for exhibitions and buildings ; 73. Upon a petition of at least three-fourths in number of the resident ratepayers entitled to vote on bylaws requiring the assent of the electors and subject to ratification by a vote of the electors as in the case of such bylaw, to subscribe for any number of shares in the capital stock of any incorporated railway or street railway in the construction or maintenance or operation of which in, through or near the municipality, the municipality is in the opinion of the muncipal council in- terested ; and for issuing for the purpose debentures payable at such times and for such sums respectively not less than $20 and bearing interest as the municipal council thinks meet, being not more than eight per cent. ; 74. The enforcement of closing at any specified hour of all wholesale and retail shops, stores or other places where any mercantile business is carried on, provided the council is re- quested to do so by a petition signed by three-quarters of the ratepayers of the municipality who are engaged in any such line of business ; 75. Restraining and regulating the running at large or tres- passing of any animals and for providing for distraining and impounding them and for determining the compensation to be allowed for carrying out the provisions of such by-law and for services rendered in respect to and sustenance supplied for ani- mals distrained or impounded ; for appointing pound keepers and providing sufficient yards, buildings and enclosures for the safe keeping of such animals as it may be the duty of the pound keeper to impound ; for appraising the damages to be paid by the owners of animals impounded for trespassing and (subject to the provisions hereinafter referred to) for providing for the sale of animals impounded in case th r or reeve at such meeting. CO., c. 70, s. 105. VACANCY IN COUNCIL. LEAVE OP ABSENCE. 106. In case of the resignation, death or removal of any vacancy ., p . . New election member of a council or in the event of a vacancy occurring in the council from any cause whatsoever the council at its next meeting shall order an election and the member so elected shall hold office for the unexpired period of the member whose place he was elected to fill. CO., c. 70, s. 106. 107. In the event of any member of a council refusing or Leave of neglecting to attend the meetings of the council for three ^ ^^""^ m'onths his seat shall be declared vacant unless he shall have received permission to absent himself from the council by a majority vote of the same at a regular meeting of the council, which permission shall in no case be for a longer period than six months. CO., c. 70, s. 107. 711 41 Cap. 70 MUNICIPAL S. 108 THE SECRETARY TREASURER. Appointment 108. The council shall by bylaw appoint a secretary treas- trersure*"^ urer who shall hold office during the pleasure of the council, [and the secretary-treasurer may also be appointed assessor.] CO., c. 70, s. 108 ; 1900, c. 23, s. 3; 1902, c 9, s. 6. Secretary treasurer to furnish bond 109 . The secretary treasurer shall [within one month after] entering on his duties furnish to the municipality security in a penal sum to be named by the council for the true and faithful performance of all the duties required of him by this Ordinance and the said security shall be a guarantee bond of a guarantee company authorised to do business in Canada. CO., c. 70, s. 109; 1901, c. 23, s. 4. Duties as secretary 110. The secretary treasurer shall attend all meetings of the council, truly record all resolutions, decisions and other proceedings of the council and if required by the council shall record the name of every member voting and whether aye or nay on any question coming before the council ; he shall keep the books, records and accounts of the council and shall pre- serve and file all accounts acted upon by the council and shall keep the original or certified copies of all bylaws of the coun- cil. CO., c. 70, s. 110. Duties as treasurer 111. The secretary treasurer shall collect and receive all moneys belonging or accruing to the municipality from what- ever source and shall deposit the same to the credit of the municipality in any chartered bank designated by resolution of the council. He shall conjointly with the mayor or reeve sign all cheques on such bank ordered to be issued by the said council : Provided that in case there is no branch of any chartered bank situated within the municipality the council may direct that any funds to the credit of the general fund of the munici- pality may be deposited to the credit of the municipality in any private bank doing business therein. C. 0., c. 70, s. 111. AUDITOR. Who may not be auditor 112. No one shall be appointed as auditor who is or who during the preceding year was a member of the council or officer of the municipality or who had during such preceding year either directly or indirectly d share or interest in any con- tract with or on behalf of the municipality except as auditor. CO., c. 70, s. 112. Duties of auditor 113. The auditor shall examine and report upon all ac- counts affecting the municipality or relating to any matter under its control or within its jurisdiction for the year ending 712 s. 116 MUNICIPAL Cap. 70 42 on the thirty-first day of December preceding his appointment and during the year for which he was appointed he shall at the request of the council report fiom time to time on matters that may be referred to him. CO., c. 70, s. 113. 114. The auditor shall prepare an abstract of the receipts , Auditor shaii expenditures, assets and liabilities of the municipality and alsofSmlnt a detailed statement of the said particulars in form as the council may direct and shall make a special report of any ex- penditure made contrary to law and shall deliver one copy of such report to the mayor or reeve and one to the secretary treasurer of the municipality and thereafter any inhabitant or ratepayer of the municipality may inspect the said report and may by himself or agent at his own expense take a copy thereof or extract therefrom. [(2) The auditor shall forthwith transmit a copy of such report to the Territorial treasurer.] CO., c. 70, s. 114 ; 1899, c. 15, s. 1. lis. The council of every municipality shall not later than statement to •' . T 1 l"^ published the fifteenth day oi February m each year cause to be pub- lished within the municipality a detailed copy of the auditor's report required by section 113 hereof. CO., c. 70, s. 115. 116. The council of every municipality shall provide for Audit of _ j_i4. accounts of the audit of the accounts of the secretary treasurer at least secretary once in every three months during the current year and the Lieutenant Governor in Council may on petition of one-fourth of the number of the ratepayers of any municipality as shown by the last revised assessment roll appoint anyone to make a special audit of the accounts of any municipality ; the expenses of such special audit shall be paid out of the general fund of the municipality. CO., c. 70, s. 116. 713 43 Cap. 70 MTTNICIPAL S. 117 PART III. Assessment and Collection of Taxes. Rates to be eqtii table All land taxable Income assessment Railway property Crown lands assessment PROPERTY LIABLE TO TAXATION. 117 . All municipal , local or direct taxes or rates shall where no other express provision has been made in this respect be levied equally upon the whole rateable property, real and per- sona;l, and income, of the municipality according to the assessed value of such property and income and not on any one or more kinds of property in particular or in different propor- tions. CO., c. 70, s. 117. 118. All land and personal property and income in the Territories shall where no other express provision has been made in this respect be liable to taxation subject. to the ex- emptions hereinafter mentioned. [(2) No person deriving an income from any source whats'o- ever not declared exempt by this Ordinance shall be assessed for a less sum as the amount of his net personal property than the amount of such income during the year then last past in excess of the amount of any exemption under this Ordinance and such last year's income in excess of such exemption, if any, shall be held to be his net personal property unless he has other personal property liable to assessment in which case such excess and other personal property shall be added to- gether and constitute his personal property liable to assess- ment.] CO. , c. 70, s. 118 ; 1903, 1st session, c. 19, s. 3. 119. The real estate and personal property of all railway companies liable to assessment is to be considered as the prop- erty of ratepayers within the municipality. CO., c. 70, s. 119. 120. Crown lands occupied whether under right of pur- chase or homestead or preemption entry and unpatented lands vested in or held by His Majesty which may be hereafter or may have been heretofore sold or agreed to be sold to any person or corporation or which may be located as a free grant homestead or preemption shall be liable to taxation from the date of such homestead or preemption entry, location, sale or grant ; and all such lands shall be liable to taxation thence- forward under this Ordinance in the same way as other land wheth(>r any license of occupation, certificate of sale, or re- ceipt for money paid on such sale has or has not been or is or is not issued and in case of sale or agreement of sale by the Crown whether any payment has or Was not been or is or is not made thereon and whether any part of the purchase money is or is not overdue ; but such tax(ation shall not in any way affect the right of His Majesty in such lands. CO., c. 70, s. 120. 714 s. 120 (.d) MUNICIPAL Cap. 70 44 [f20 (a) The council of a rural municipality, any portion of^^^^'J|j°'';°* which consists of a registered townsite may for the purpose "■urai . ° -/ JT jr municipality of making improvements for the benefit of such townsite pass for 'o^ai bylaws within the powers of the municipality for contracting debts by borrowing money or otherwise and providing for the payment of such debts after the financial year in which such bylaw is passed but not more than twenty years after the bylaw takes effect, by rates to be levied upon the ratable property within such townsite (not theretofore exempted by the municipality from general taxation) but such debts shall not exceed ten per cent, of the assessed value of the ratable property within such townsite less the amount of any existing indebtedness of the municipality which according to the pro- portion which the ratable property in the townsite bears to the ratable property in the municipality (both according to the last revised assessment roll) would be leviable upon the rat- able property in such townsite. ib) Bylaws under the next preceding section shall before Assent to the final passing thereof receive the assent of two-thirds of the duly qualified ratepayers voting thereon in the manner herein- after mentioned. (c) The bylaw shall recite — 1. The amount of the debt which the bylaw is intended contents of to create and, in general terms, the object for which it is to be created ; 2. The time or times for repayment (whether by instal- ments or otherwise) ; 3. (a) The amount of the whole ratable property in the municipality according to the last revised assessment roll; ib) The amount of the whole ratable property, according to the last revised assessment roll, in the portion of the municipality to be affected by such bylaw ; 4. (a) The total amount of the existing debt of the municipality outside of the debt due for the current expenses of the year ; ib) The total amount of any existing debt payable by rates limited to such townsite. (2) The bylaw shall state a day not more than three months Date of^effeot from the day on which the voting is to take place when the bylaw shall take effect, and the whole of the obligations tobe^^^^^^ issued for the debt authorised shall be dated as ot the day on obligations which the bylaw takes effect. id) The provisions of sections 219, 220, 221, 222, 223, 224,Provision^s^to 225, 227, 228, 229 and 230 of cfiis Ordinance shall apply to 715 45 Cap. 70 MUNICIPAL S. 120(d) Persons entitled to vote Execution rate limited [Exemption any such bylaw and to the voting thereon except that for the purposes of such vote the word "municipality" shall be deemed to be struck out of section 227 and the words "the portion of the municipality of consisting of {de- acnhing the portion in question)" substituted, and the figures "$400'' shall be deemed to be struck out and "$100" substi- tuted. (e) There shall be entitled to vote on any such bylaw every ratepayer being a man, unmarried woman or widow who at the time of tendering the vote is of the full age of twenty-one years and is named on the last voters' list of the municipality and who has neither directly or indirectly received nor is in expectation of receiving any reward or gift for the vote which he tenders and who is at the time of the tender a freeholder in his own right or whose wife is a freeholder of real property within the portion of the municipality composing such town- site and is rated on the last revised assessment roll as such freeholder for not less than $100. (/) In the event of judgment being obtained against the municipality for the principal or interest due on any debenture issued under any such bylaw and execution issued thereon, the rate to be levied to pay such execution shall be limited to the ratable property in such townsite. (gf) Ko exemption from any rate for payment of such de- benture shall be granted for more than one year except by the vote of the ratepayers in the portion of the municipality affected thereby.] 1899, c. 15, ss. 3, 4, 6, 6, 7, 8 and 9. EXEMPTIONS. 121 . The following shall be exempted from taxation : [1. All property held by His Majesty or for the public use 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 person is occupant of or interested in any property mentioned in either of the two preceding clauses otherwise than in an official capacity such occupant or person interested shall be assessed in respect thereof but the prop- erty itself shall not be liable beyond the interest of the perston assessed ;] 4. The lands, not exceeding one-half acre and the buildings thereon, of all public schools, universities, collegiate institutes or incorporated seminaries being public property, so long as such property is actually used or held for educational purposes ; 716 s. 123 MUNICIPAL Cap. 70 46 5. All property belonging to the municipality when held or occupied or in the use of the corporation and the personal property belonging to the same ; 6. Gaols, court houses and the necessary land attached thereto ; 7. The books of every public library ; 8. The income of a farmer derived from his farm and the income of merchants, mechanics and other persons derived from capital liable to taxation ; 9. Household effects of every kind (except in unlicensed hotels and restaurants) , books and vpearing apparel in use ; 10. The increase in the value of any land by reason of the annual cultivation thereof, together with the growing crops ; 11. All works constructed, operated and used in connection with irrigation ditches as well as the ditches themselves oper- ated under and subject to the provisions of The North-West Irrigation Act, 1898 : Provided however that should any such. works be not oper- ated during any one year then said works and ditches shall not be exempt from taxation during the year ; 13. The annual income of any person derived from his per- sonal earnings provided the same does not exceed [$1,000 ;] 14. Eental or other income derived from real estate except interest on mortgages ; 15. A building used for church purposes and not used for any other purpose for hire or reward and the lot or lots where- on it stands not exceeding one-half acre except such part as may have any other buildings thereon ; 16. Grain. 17. Buildings used by any institution mentioned in the . schedule to The Hospitals Ordinance or added thereto underex°mpfed section 9 thereof for hospital purposes and not for any other ''°'" purpose for hire or reward and the lot or lots whereon they stand not exceeding two acres, except such part as may have any other buildings thereon. C. 0., c. 70, s. 1-21 ; 1899, c 15, s. 2 ; 1900. c. 28, s. 4; 1903, Istsession, c. 18, s. 1 ; , Duties of ■(1,22. The assessor or assessors shall prepare an assessment assessors roll after revision by the assessment committee as in form F in the schedule to this Ordinance setting down in each column as accurately as may be after diligent inquiry the information called for by the heading thereof. CO., c 70, s. 122. ASSESSMENT. 123. The council of every municipality shall appoint the Assessment mayor or reeve, secretary treasurer and assessor or any two 717 47 Cap. 70 MUNICIPAL S. 123 others with the assessor who shall on completion of the assess- or's roll and before assessment notices are sent owt check over the assessment roll and make such corrections as the majority of the committee may decide. CO., c. 70, s. 123. Assessor to notify parties 124. Every assessor shall before delivery of his roll to the secretary treasurer of the municipality deliver to each taxable person if residing in the municipality a notice setting forth the sum at which his real and personal property and taxable in- come is assessed or if such taxable person be not residing in the municipality shall mail said notice by registered letter direct to such taxable person to the post office named in such roll and shall enter on the roll opposite the name of such per- son the date of such delivery or mailing and such entry shall be deemed prima facie evidence of such delivery : Provided that in rural municipalities the assessor shall de- liver Such notice at the time of the assessment and if any cor- rections or alterations are made by the assessment committee the assessor shall deliver or send by registered letter a new assessment notice showing the corrections or alteration made. CO., c. 70, s. 124. so Partnership 125. The personal property of a partnership shall be as- assessment .-*■ ,^i ii p -i • sessed against the firm at the usual place of business oi the partnerhip and a partner in his individual capacity shall not be assessable for his share of any personal property of the partnership which has already been assessed against the firm. (2) If a partnership has more than one place of business each branch shall be assessed as far as may be in the locality where it is situate for that portion of the personal property of the partnership which belongs to that particular branch. CO., c. 70, s. 125. Information to 126 . It shall be the duty of every person assessable for real als^Jor" and personal property or income in every municipality to give all information to the assessor and he may deliver to the as- sessor a statement in writing setting forth the particulars of the property for which he should be assessed but no such state- ment shall bind the assessor or excuse him from making due inquiry as to its correctness. CO., c. 70, s. 126. Vacant ground, farms, gardens, etc. 127. In assessing vacant ground or ground used as a farm, garden or nursery and not in immediate demand for building purposes in towns the value of each parcel of vacant ground shall be that at which sales of it can be reasonably expected during the current year ; the assessor shall value it as if held for farming or gardening purposes with such percentage added as the situation of the land may reasonbly call for and such vacant land whether surveyed into lots or not if unsold as such may be entered on the assessment roll as so much of the 718 s. 129 MUNICIPAL Cap. 70 48 original lot or section as 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, park or lawn it shall be assessed at a sum which at six per centum would yield a sum equal to the annual rental which in the judgment of the assessor it is reasonably worth reference being always had to its position and local advantages. (2) Except in the case of mineral lands hereafter provided Land values for land shall be estimated at its relative value as compared with the balance of the land in the municipality : Provided that no lands shall in a rural municipality be assessed at a less valuation than $2 per acre. (3) In estimating the value of mineral lands said lands and Mineral lands the buildings thereon shall be valued and estimated at the value of other lands in the neighborhood for agricultural pur- poses. (4) In assessing stock in trade the assessor shall- assess astock in trade person, firm or corporation for the amount of the average stock in trade kept on hand by such person, firm or corporation during the twelve months immediately prior to" the date of assessment. CO., c. 70, s. 127. 128. Each assessor shall make and complete and deliver his Date of, roll to the secretary treasurer of the municipality in eachagSfsment ° year, on or before the first day of May or such prior day as the council may prescribe by bylaw with his affidavit thereto or ^ indorsed thereon made before a justice of the peace in the fol- lowing form : I, , do swear that I have in the within (or annexed) assessment roll assessed the municipality of {or part as the case may be, naming the part) according to law to the best of my skill and ability, and without favour. Sworn before me at this day of A.D. 1 ' Assessor. J.P. CO., c. 70, s. 128; 1901, c. 23, s. 5. 129. The council of any rural municipality may by resolu- Rural tion decide that an assessment may be used to strike ^^*®^ Jnenmai^^^ therefrom for three years consecutively and no longer : assessmen s Provided that in each year when a new assessment roll shall Proviso for not be ordered the council shall by notice published in at least one issue each week for three consecutive weeks of any news- paper published within the municipality or if there be none published therein any newspaper published nearest to the municipality fix a date when the council shall sit as a court of revision to hear appeals, to add to, strike off or alter the as- sessment roll of the last preceding year and such appeals shall 719 49 Cap. 70 MUNICIPAL s. 129 be lodged with the secretary treasurer of the said municipality within twenty-five days from the date of the said notice and the proceedings for the trial of such appeals shall be those hereinafter provided in section 135 of this Ordinance. CO., c. 70, s. 129. COURT OF REVISION. Court of revision Quorum Clerk of May adjourn Completion of duties 130. The mayor or reeve and council shall be the court of revision of all municipalities and a majority thereof shall be a quorum ior the transaction of business. CO., c. 70, s. 130. 1'3! . The soonVc.ry treasurer of the municipality shall be the clerk of the court of revision and shall record all the pro- ceedings thereof. CO., c. 70, s. 131. 132 . The court may meet and adjourn from time to time and may be summoned to meet at any time by the mayor or reeve of the municipality and all the duties of the court of revision shall be completed before the first day of July in each year. CO., c. 70, s. 132. Evidence on oath (13.3 . All evidence before the court of revision shall be taken on oath and any member shall be competent to administer the oath to any person giving evidence before the court and the clerk of the court may when required issue a summons to any witness to attend such court and if any person so sum- moned as a witness fails without good and sufficient reason to attend (having been tendered compensation for his time at the rate of $1 per day and mileage at the rate of ten cents per mile where a railway is not available, or actual railway fare) he shall on summary conviction thereof incur a penalty not ex- ceeding $50. CO., c. 70, s. 133. Nature of complaints to be tried Proceedings Notice of appeal 134. The court shall try all complaints in regard to persons wrongfully placed upon the roll or omitted therefrom or asses- sed too high or too low or in regard to any property of any person which has been misdescribed or omitted from the roll or in regard to any assessment which has not been performed in accordance with the provisions and requirements of this Ordi- nance as the case may be. CO., c. 70, s. 134. 135 . The proceedings for the trial of complaints shall be as follows : 1. Any person assessed within the municipality who con- siders himself aggrieved for any or all of the causes hereinafter referred to may within twenty-one days after the time fixed for the return of the roll give notice in writing to the secretary treasurer of the municipality that he considers himself so ag- 720 s. 135(6) MUNICIPAL Cap. 70 50 grieved naming the complaints and the grounds of appeal and upon what property ; '2. If any ratepayer within the municipality thinks that any Appeal as to person has been assessed too high or too low or has been wrong-* "^ "^"'^ fully inserted in or omitted from the assessment roll or that the property of any person has been misdescribed or omitted from the roll or that the assessment has not been performed in ac- cordance with the provisions and requirements of this Ordi- nance the secretary treasurer shall oti his request in writing give notice to such person and the assessor of the time when the matter will be tried by the court and the matter shall be decided in the same manner as complaints by a person as- sessed ; 3. The clerk of the court shall post up in some convenient Ust of appeals place within the municipality a list of all complaints by persons heariifgto° be on their own behalf against the assessor's return and of all''" ^ ^ complaints on account of assessment or want of assessment of other persons stating the names both of the complainant and of the party complained against with a concise description of the matter complained of together with an announcement of the time when the court will be held to hear the complaints ; jj^ alteration and no alteration shall be made in the roll unless -under a"°'»^^9° complaint complaint formally made according to the above provisions ; 4. If at any time before the first day of December it shall omissions •^ • i? J. 1 1 discovered be discovered that the property or income of any taxable per- subsequently son or part thereof has been omitted from the roll the secretary treasurer shall notify such taxable person if he resides or has a place of business within the municipality that at a meeting of the council to be held at least six days after such notice an application will be made to the said council to assess such taxable property for such sum as may be deemed right aiid that such taxable person is required to attend such meeting to show cause why the said taxable property should not be assess- ed and as to the amount the same should be assessed for ; 5. If such taxable person does not reside or have a place ofSe^ceof business in the municipality then such notice shall be posted by registered letter to the postoffice address of such person fifteen days before such meeting ol the council ; 6. After such notices have been served or posted as aforesaid Asse^ment and after the expiration of the time mentioned therein or if person Such taxable person be not known then without any notice the council may assess such taxable property and direct the secre- tary treasurer to enter the same upon the proper tax roll ds they shall direct and the name of such taxable person if known : Provided always that the provisions of sections 136, 187 and 138 hereof as to appeal shall apply to any such assessment ; FF 721 51 Cap. 70 MUNICIPAL s. 135(7) Entry on tax roll List of complaints for assessor Notice to parties in appeal Appearance in person or by agent Hearing and determination Ex parte proceeding 7. Immediately after such assessment shall be made as aforesaid, the secretary treasurer shall place the same on the tax roll at the end thereof and shall rate the same of the same ratio as the rest of the said roll and thereafter the same shall be collected in the same manner as the rest of the taxes ; 8. The secretary treasurer shall cause to be left at the resid- ence of each assessor or addressed to each said assessor by registered letter to his post office address a list of all com- plaints respecting his roll ; 9. The secretary treasurer shall also prepare a notice in the form following for each person with respect to whom a com- plaint has been made : lake notice that you are required to attend the court of Vtrision for the Municipality of at on the day of in the matter of the following appeal : appellant. That you are assessed too high {or too low or not a hona fide resident or as the case may be.) (Signature) Secretary treasurer. and every such notice shall be posted by a registered letter to the post office address of such person as entered on the assess- ment roll fifteen days before the sitting of the court unless such person has a place of business within the municipality in which case the secretary treasurer shall cause the said notice to be served at such place of business at least six days before the sitting of the said court ; 10. Persons complained against may appear before the court in person or by agent ; 11. The court after hearing the complainant and the party complained against and any evidence adduced, as well as the assessor, shall determine the matter and confirm or amend the roll accordingly ; 12. If either party fails to appear either in person or by agent the council may proceed ex parte. CO., c. 70, s. 135. Revised roll final subject to appeal 136. The roll as finally passed by the court and certified by the secretary treasurer as passed shall except in so far as the same may be further amended on appeal to a judge be valid and bind all parties concerned notwithstanding any defect or f.iior committed in or with regard to such roll or any defect or error or misstatement in the notice required by subsections 4 and 5 of the foregoing section of this Ordinance or the omis- sion lo deliver or transmit such notice. CO., c. 70, s. 136. APPEAL FROM THE COURT OF REVISION. Appeals to judge ■137 . An appeal to a judge shall lie not only against the de- cision of the court of revision on an appeal but also against 722 s. 138 CV) MUNICIPAL Cap. 70 52 the omission, neglect or refusal of the said court to hear or de- cide an appeal. CO., c. 70, s. 137. 1:38. In all cases of appeals under the provisions of the pre- Appeal ceding section the proceedings shall be as follows : , proceedings 1. The person appealing shall in person or by agent serve Notice ot upon the secretary treasurer of the municipality within eight ^"p^^' days after the decision of the court of revision a written notice of his intention to appeal to a judge ; 2. The secretary treasurer shall immediately after the time secretary limited for fiUng notice of appeals forward a list of the samenoTifyiTudge to the judge usually exercising jurisdiction in the judicial dis- trict of which such municipality forms a part or if such muni- cipality forms a part of more than one judicial district then to the judge whose official residence is nearest the municipality and such judge shall fix a day for the hearing of such appeal ; 3. The secretary treasurer shall thereupon give notice to all Notice to the parties appealed against in the same manner as is provided for giving notice on a complaint to the court of revision but in the event of failure by the secretary treasurer to have the re- quired service 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 treasurer of the municipality shall cause a Notice of conspicuous notice to be posted up in his office or the place lefpTsted" : where the council of the municipality holds its sittings contain- ing the names of all the appellants and parties appealed against with a brief statement of the ground or cause of appeal together with the time and place at which a court will be held to hear appeals ; 5. The secretary treasurer of the municipality shall be tbecierk of court clerk of such court ; 6. At the court so holden the judge shall hear the appeals Hearing and and may adjourn the hearing from time to time and defer judg-''^*^™"'^''°° ment thereon at his pleasure but so that all appeals may be determined before the first day of September ; 7. At the court to be holden by the judge to hear the appeals Production hereinbefore provided for the person having charge of the amendment 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 al- tered 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 omission is corrected or supplied and if the decision is not then given the secretary treasurer of the municipality shall when the same is given forthwith alter and amend the roU according to the same and shall write his name opposite every such alteration or correc- tion; 723 53 (Jap. 70 MUNICIPAL s. 138(8) Judge's powers Title of proceedings 8. In all such proceedings the judge shall possess all such powers for compelling the attendance of and for the examin- ing on oath of all parties whether claiming or object- ing or objected to and all other persons whatsoever and for the production of books, papers, rolls and documents and for the enforcement of his orders, decisions and judgments as belong to or might be exercised by him in the Supreme Court ; 9. All process or other proceedings in, about or by way of appeal may be entitled as follows : In the matter of appeal from the court of revision of the municipality of A. B., Appellant, and CD., Respondent ; 10. The costs of any proceeding before the judge as afore- said shall be paid by or apportioned between the parties in such manner as the judge thinks proper ; and where costs are orde^-ed to be paid by any party the same shall be enforced by execution to be issued as the judge may direct from the Supreme Court or in the same manner as upon an ordinary judgment for costs recovered in such court ; 11. The costs chargeable or to be awarded in any case may be the costs of witnesses and of procuring their attendance and none other, the same to be taxed according to the allow- ance in the court for such costs ; and in case where execution issue the costs thereof as in the like court and of enforcing the same may also be collected thereunder ; Decision final 12. The dccision and judgment of the judge shall be final and conclusive in every case adjudicated upon and can oniv be appealed from by a unanimous vote of the council. CO., c. 70, s. 138. SINGLE TAX. Cost of proceedings Taxation Single tax ] 39 . The council of a municipality may by bylaw authorise the levying and collecting of a rate or rates of so much on the dollar based upon the actual value of all lands (without improvements) in the municipality as the council deems suffi- cient for the current year to raise the sum required in their estimates but in no case shall the rate imposed exceed four cents on the dollar of the assessment in any one year includ- ing general, school, special and debenture rates. CO., c. 7U, s. 139. Optional 140. The adoption of the preceding section by any munici- pality shall be optional, which must be decided by a two- thirds majority of the members of the council ; or upon re- 724 s. 144 MUNICIPAL Gap. VU 54 ceipt of a petition signed by one-half of the resident rate- payers of the municipality the council shall adopt and carry into effect the provisions of the preceding section. CO c 70, s. 140. 141. This system of assessment shall become permanent Permanent after a petition signed by one-half of the resident ratepayers °° ''^""°'' has been presented for two years in succession. On a petition signed by one-half of the resident ratepayers the trustees shall direct the assessor to revert to the former system of taxation. CO., c. 70, s. 141. ESTIMATES. 142. The council of every municipality shall every year on^^*'™*'^^ or before the fifteenth day of July make estimates of all sums which may be required for the lawful purposes of the munici- pality for the year or that part thereof for which sums are required to be levied making due allowance for the cost of collection and abatement and losses which may occur in the collection of the taxes on the lands of nonresidents. CO., c. 70, s. 142. RATES. 143. The council of the municipality shall pass a bylaw au- thorising the levying and collecting of a rate or rates of so much in the dollar of the assessed value of the property there- iu as the council deems sufficient to raise the sum required in such estimates including improvement tax, general fund, local fund and school rates together with interest on the debt and sinTring fund and shall not exceed two and a half cents on the dollar except as provided for in section 139 thereof. CO. , c. 70, s. 143. 144. The secretary treasurer shall on or before the first day^p^^ ^.^i, ""f September in each year prepare a tax roll containing col- umns for all information required by this Ordinance to be en- tered therein in which he shall set down in full the name of every person assessed, his postoffice address and the assessed value of his real and personal property and taxable income as ascertained from the assessment roll as finally revised ; he shall calculate and set down opposite each such entry in columns headed "General fund," "Debenture fund," "School fund," "Statute labor fund" as the case may be, the sum for which such person or property is chargeable on account of each rate and under the column headed "Arrears of taxes" the sum which may appear on the books of the municipality as arrears on such parcel of land at that date ; and in the column headed "Total" the total amount of taxes for which each parcel of land is liable. CO., c. 70, s. 144. 725 55 Cap. 70 MUNICIPAL S. 145 Taxes due Ist January Tax notice 1^45. All taxes shall be considered to be due on the first day of January of the year in which the same are levied. CO., c. 70, s. 145. il46. The secretary treasurer shall on or before the first day of October in each year, transmit by mail a notice containing a statement and demand of taxes to each person whose name appears on said roll or to the agent of such person whose address has been transmitted to him and such statement ani demand shall state the time such taxes are required to be paid and dates on which any reductions and penalties authorised by the council shall be allowed or charged as the case may be ; and the secretary treasurer shall enter the date of mailing such notice in said tax roll opposite the name of the person taxed and such entry shall be prima facie evidence of the mailing of such notice and demand. CO., c. 70, s. 146. Seizure may be made 147 . In case any person neglects to pay his taxes for thirty days after such demand as aforesaid the secretary treasurer may by himself or his agent levy the same with costs by dis- i,ress of the goods and chattels of the person who ought to pay the same or of any goods or chattels in his possession wherever the same may be found within the municipality or of any goods or chattels found on the premises the property of or in tiie y ossession of any other occupant of the premises aiid may Impfund the same on the premises where distrained and no claim of property, lien or privilege shall be available to prevent the sale or the payment of the taxes and costs out of the pro- ceeds of sale thereof ; but any such distraint shall be made on or before the 30th day of December in each year. CO., c 70, s. 147. Demand of 148 . In casc any person neglects or refuses to pay any in- f?omTm*pkiyer come tax wheu demanded by the secretary treasurer the sec- retary treasurer shall then demand from the employer or em- ployers of the person so neglecting or refusing the amount due for such income tax and the person paying the same shall de- duct the amount so paid from the salary or wages due the person so neglecting or refusing and the said employer or em- ployers are hereby rendered liable for the amount or amounts demanded by the secretary treasurer if they fail to deduct the same from the salary or wages due to the person employed. CO., c. 70, s. 148. Notice of sale 149 . The Secretary treasurer shall by advertisement over his hand posted up at three public places within the municipaliV' v.ithin which the sale of goods and chattels distrained is to be made give at least six days public notice of the time and place of such sale and of the land on which the same was dis- trained ; and at the time named in the notice the secretary 726 s. 154 MUNICIPAL Cap. 7U 56 treasurer or his agent shall sell at public auction the goods and chattels distrained or so much thereof as may be necessary to pay the taxes including costs and charges allowed by this Or- dinance. CO., c. 70, s. 149. 150. If the property distrained has been sold for more than Disposal the amount of taxes and costs and if no claim for the surplus" ™''P"^ has been made by any other person on the ground that th? property sold belonged to him or that he was entitled by lien or right to the surplus such surplus shall be returned to the person in whose possession the said property was when the distress was made or if such claim be made by the person for whose taxes the property was distrained and the claim is ad- mitted the surplus shall be paid to the claimant. CO., ■" 70, s. 150. 151. If the claim is contested such surplus money shall be incase of paid into the general fund of the municipality and shall be re- surplus held tained until the respective rights of the parties have been determined by action at law or by arbitration as provided in this Ordinance. CO., c. 70, s. 151. 152. Taxes may be recovered with interest and costs as a Taxes ■' . . 1 L- -Recovery debt due to the municipality in which case the production oi as a debt a copy of so much of the tax roll as relates to the taxes pay- able by such person purporting to be certified as a true copy by the secretary treasurer of the municipality shall be prima Evidence facie evidence of the debt. CO., c. 70, s. 152. 1153. The costs chargeable for distress and sale shall be as costs allowed follows : Mileage going to and returning from place of seizure each mile necessarily travelled $0 10 Seizure • • 1 0^ Taking care of property, the sum actually disbursed not exceeding $1.50 per day. Notices of sale and posting up 1 00 For selling, 5 per cent, of the amount realised not ex- ceeding the amount of the taxes. CO., c. 70, s. 153. 154. On or before the tenth day of January in each year the statement^o^f^^ secretary treasurer shall make a return showing the total and in arrear amount of taxes collected on the tax roll of the preceding year specifying the separate amounts that should be credited to the different funds for which a rate had been ordered to be struck bji the council also an abstract of the tax roll showing the names and addresses of all persons whose taxes have not beea paid and the total amount due for each parcel of land assessed to each such delinquent and he shall submit such return to the 727 57 Cap. 70 MUNICIPAL s. 154 Declaration of secretary treasurer council at its first meeting thereafter and shall verify such re- turn by the following declaration : I, , secretary treasurer of the municipality of do solemnly declare as follows : 1st. That the return herewith submitted contains a true statement of the taxes collected by me on the tax roll of the year; 2nd. That I have deposited the sums so collected in the bank as directed by resolution of the council ; 3rd. That I have made diligent inquiry and have been un- able to discover within the limits of the municipality sufficient goods or chattels belonging to or in the possession of the per- sons charged with or liable to pay any sums that appear in tho list of unpaid taxes herewith submitted whereon I could levy any part of the taxes due. And I make this solemn declaration conscientiously believ- ing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evi- dence Act, 1893. Declared before me at the day of 1 CO., c. 70, s. 154. Suitable books to be provided 155. The council of every municipality shall provide a book suitably ruled to be called the tax register in which shall be kept a list of all lands in arrears for taxes and the amount of such arrears and an official receipt book from which the secretary treasurer shall issue a receipt for every sum of money received by him on account of arrears of taxes and the secre- tary treasurer shall note on the stub of each receipt the name of the person making payment, the amount paid and date of payment. CO., c. 70, s. 155. Arrears of taxes Proviso Arrears to be included as one sum 156. As soon as possible after the first day of January in ea«h year the secretary treasurer shall add any unpaid taxes (not including any arrears that may have been included in the total) that may appear on the tax roll of the preceding year against any piece of land to the arrears of taxes already charged in the tax register and also six per centum on the whole amount then due : Provided that in case any land shall have been advertised for sale but for any reason has not been sold the proportionate cost of advertising authorised by section 183 of this Ordinance shall be included as part of the arrears chargeable to such land. CO., c. 70, s. 156. 157. The secretary treasurer shall not be required to keep a separate account of the several distinct rates which may be charged on lands but all arrears from whatever arising shall be taken together and form one charge on the land. CO.. c. 70, s. 157. 728 s. 162 MUNICIPAL (Jap. 7U 58 138. The secretary treasurer of any municipality shall not Payment ot receive any part of the arrears charged against any parcel of=''n°"nt°'' land less than the taxes for one year thereon with accrued iii-° terest but if satisfactory proof is adduced to the secretary treasurer that any parcel of land on which taxes are due has been subdivided he may receive the proportionate amount of tax chargeable upon any of the subdivisions and leave the other subdivision or subdivisions chargeable with the remain- der; and the secretary treasurer may in his books divide any piece or parcel of land which has been returned to him in ar- rears of taxes into as many parts as the necessities of the case may require. CO., c. 70, s. 158. 159. In case the secretary treasurer fails or omits to collect Substitute may be the taxels or any portion thereof by the day appointed the appointed for council of the municipality may by resolution authorise some treasurer other person in his stead to continue the levy and collection of the unpaid taxes in the manner and with the powers pro- vided by law for the general levy and collection of taxes. CO., c. 70, s. 159. 160. The secretary treasurer shall in addition to the salary secretary allowed him by the council be entitled to. receive a commission commUdon of 21/^ per cent, on all moneys paid him on account of arrears of taxes that have not been paid before the return under section 154 hereof for the year in which they became due has been made which shall be collected from the party paying the arrears of taxds at the time ; and the sa'd commission shall not apply or be chargeable where lands may be advertised for sale or sold by him for arrears of taxes. CO., c. 70, s. 160. 161. The secretary treasurer shall keep regular books of Books •^ T i? • J. i- Manner of accounts in such manner as may be directed irom time to timekeeping by the council and shall show faithfully all moneys received and how expended having each item posted in the ledger to the separate accounts of receipt and expenditure as agreed upon by the council in making their estimates for the year or as directed by the council and he shall exact and retaia vouchers for all moneys paid and he shall prepare and sub- mit to the council at least once in every month a correct state- ment of the moneys received and for what paid out and the balance at the credit of the municipality. CO., c. 70, s. 161. 162. The secretary treasurer shall at least once in s^^^f/^'^l^^^y^haii month apportion all taxes collected by him whether received apportion\nd ^^ , , , 1 J ' i. J deposit taxes from the tax roll of the current year or the tax register ; and he shall credit each account in his book with the respective amount collected and forthwith deposit the total amount col- lected as required by section 111 of this Orflinance. CO., c. 70, s. 162. 729 59 Cap. 70 MUNICIPAL S. 163 Secretary jigg _ rpj^g secretary treasurer shall on demand give to the treasurer to -^ /> ■ j. give statement owner of any land charged with arrears of taxes a written statement of the arrears at that date certified under his hand and he may charge twenty cents for the search on each separ- ate lot or parcel not exceeding four and for every additional ten lots or parcels a fee of twenty cents. CO., c. 70, s. 163. Disposal of sintving fund l^i. It shall be the duty of the secretary treasurer to see that moneys collected under bylaw for the purpose of payment of interest on debentures issued by the municipality or provid- ing for a sinking fund for the same are properly applied. Diversion from (2) In the event of the council of any municipality divert- proper account -^^g ^^^ ^^ ^^^^ moncys for such current or other expenditures save as aforesaid the members who vote for the diverting of such moneys shall be personally liable for the amount so di- verted and said amount may be recovered in any court of competent jurisdiction ; and the members who may have voted for the same shall be disqualified for holding any municipal office for the period of two years. CO., c. 70, s. 164. POLL TAX. Poll tax Exceptions Collection of poll tax Demand from employers 1165. 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 organised by bylaw of the municipality every male inhabitant of a town municipality of the age of twenty-one years and upwards who has resided in the said town for a period of two months or more and has not been assessed on the assessment roll of the municipality shall be taxed at $2 yearly. (2) Persons residing within two miles of a town munici- pality who have a place of biisiness therein and whose names are not on the assessment roll or who receive employment and are paid wages or salary therein are hereby liable to pay poll tax subject to the provisions of this Ordinance. CO., c. 70, s. 165. 166. Any person liable to pay taxes imposed by the next preceding section shall pay the same to a collector appointed by bylaw of the council of the municipality to collect the same,, within three days after the demand thereof by the said collec- tor ; and in case of neglect or refusal to pay the same within such time the said collector may levy the same by distress and sale of the goods and chattels of the defaulter with costs of the distress and sale : Provided that in case any person neglects or refuses to pay lae poll tax when demanded by the collector the collector shall then demand from the employer or employers of the person sO' neglecting or refusing, the amount due for such poll tax and 730 s. 173 MUNICIPAL Gap. 70 60 the person paying the same shall deduct the same so paid from the salary or wages due to the person so neglecting or refusing and the said employer or employers are hereby rendered liable for the amount or amounts demanded by the collector if they fail to deduct the same from the salary or wages due to the person employed. CO., c. 70, s. 166. SCHOOL TAXES. 167. The trustees of any school district, any portion of Collection ot • ' •/ i. school ro^tc ^hich 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 thg .munici- pality is liable for school purposes shall be imposed and col- lected by the municipality and the land and other property of persons liable for such amounts shall be assessed and the same shall be collected as other rates by the municipality. CO., c. 70, s. 167. 168. If the amount collected falls short of the sum required oeHdency in the council may direct the deficiency to be made up from any fund belonging to the municipality except sinking funds to re- tire debentures. CO., c. 70, s. 168. 169. If there be no unappropriated funds the deficiency How supplied may be deducted from the sums estimated as required or from any one or more of them but not from the estimates supplied by the school trustees. CO., c. 70, s. 169. 170. Should the amount collected exceed the estimates theSurpius sum in excess shall be paid over to the treasurer of the school board. CO., c. 70, s. 170. 171. In cases where the amount collected has been on ac-Surpiusof special tax count of some special purpose and is not required for such purpose it shall also form part of the general fund of the municipality. CO., c. 70, s. 171. EO.\D OVERSEERS AND STATUTE LABOUR. 172. In the event of the municipal council failing to collect Road „ • T 1 J 1 A overseer a a statute labour tax as heremafter provided the secretary usts treasurer of every rural municipality shall within one week after the final revision of the assessment roll deliver to the road overseer or road overseers appointed by the council a list •of all parties assessed and liable for statute labour within their respective divisions and the amount of statute labour for which each of such parties is liable. CO., c 70, s. 172. I'llS. It shall be the duty of the road overseer so soon there- Du«e|^of road after as convenient after having received from the secretary 731 61 Cap. 70 MUNICIPAL fi. 173 treasurer of the municipality a list of parties liable for the performance of statute labour to notify and require them re- spectively to meet him at a certain time and place to perform the labour imposed upon them by the council but no person shall be compelled to do statute labour further than four miles from his home. CO., c. 70, s. 173. Labour, how performed 174. All statute labour imposed by this Ordinance shall be performed under the direction of the road overseer who shall be liable to the council for the due performance of the same and shall report to the council any refusal or neglect of parties assessed to perform the labour imposed upon thiMii. CO., c. 70, s. 174. Labour, where performed 175. All statute labour to be done under this Ordinance shall be performed on the public roads of the municipality or on the bridges, drains or ditches merein to benefit and im- prove the same or as may be determined by the council. CO.. c. 70, s. 175. Amount due by each person Proviso 176. Every person assessed upon the assessment roll of a rural municipality shall be liable to perform tvs^o days' statute labour for each quarter section of land for which he is assesse 1 and in any portion of a rural municipality divided into lots every person assessed shall, if his property be assessed at not more than $300, be liable to perform one day's statute labour and for every $-500 or part thereof in excess of said sum, an additional day's statute labour and every male inhabitant of a rural municipality of the age of twenty-one years or upwards and under the age of sixty years whose name is not on the lasc revised assessment roll shall be liable to one day's statute labour, provided that he shall have resided in such munici- pality for not less than two months. CO., c. 70, s. 176. Labour deemed to be commuted and amounnt collectable as taxes 177. Every person liable to statute labour as hereinbefore provided who refuses or neglects to-perform the statute labour for which he is liable when ordered to do so by the overseer shall be deemed to have commuted the same at the rate of $1.25 per day and the amount of the commutation shall be ;i charge and shall be collectable against real property, goods and chattels as other rates. CO., c. 70, s. 177. Council may 178. Thc couucil of any rural municipality may by bylaw for a term commute the statute labour of any person or persons resident ° ^^'"■' within the municipality with regard to any certain specified property for a term of years in consideration of statute labour to be performed in any one year. CO., c. 70, s. 178. nonpaym^ent of ^^^ ^^^ person liable to pay any sum for statute labour commutation commutod as aforcsaid shall pay the same to the collector money, ^^^ s. 181 MUNICIPAL Cap. 70 62 appointed to collect the same within seven days after the de- mand thereof by the said collector and, in case of neglect or refusal to pay the same, the collector may levy the same by distress and sale of the goods and chattels of the defaulter, with costs of the distress and sale, and if no sufficient distress can be found then upon summary conviction before a justice of the peace of his refusal or neglect to pay the said sum and of there being no sufficient distress and in default of payment at such time as the convicting justice may order, such de- faulter shall be committed to the lock up house of the munici- pality or to the nearest common gaol and be there put to hard labour for any time not exceeding ten days unless such pen- alty and costs and the costs of the warrant of commitment and of conveying the said person to gaol be sooner paid. CO., c. 70, s. 179. il80. Any municipality may by bylaw provide that instead May of statute labour as herein provided a special tax to be called moneytex the statute labour tax may be collected not exceeding $1.25 per day for each day for which any person is liable under section 176 of this Ordinance. CO., c. 70, s. 180. 181. Every other person liable for the performance of PerBons liable statute labor under this Ordinance shall within fourteen days overseer of after the final revision of the assessment roll notify the secre- commute tary treasurer of the municipality in writing of his intention to commute the same by the payment as hereinbefore provided or failing t-o to do he shall bo bound to perform the amount of statute labour imposed upon him as the road overseer may direct but he shall not be compelled to go further from his home than four miles to do said labour. CO., c. 70, s. 181. 733 63 Gap. 70 MUNICIPAL s. 182 PART IV. Sale of Land for Taxes. ADVERTISEMENT AND SALE. List of lands in arrear Warrant for sale of Costs to be added and notice published 182. Whenever any portion of taxes on any lands has beea due for two years the secretary treasurer shall submit to the maytir or reeve as the case may be a list of all the lands in his books on which tax^s are so due with the amount of ar- rears against each lot set opposite to the same and the mayor or reeve shall authenticate such list by affixing thereto the seal of the corporation and his signature and shall return such list to the secretary treasurer with a warrant thereto annexed under his hand and the seal of the municipality commanding him to levy upon the land for the arrears due thereon with costs and the said secretary treasurer is hereby authorised to sell the same. CO., c. 70, s. 182. 183'. The secretary treasurer shall prepare a copy of the list of lands to be sold as authorised by this Ordinance and shall include therein in a separate column a statement of the pro- portion of costs chargeable on each lot for advertising and the sum of twenty-five cents for each parcel advertised for sale and shall cause the said list to be published at least once a week for four consecutive weeks in at least one newspaper published in the municipality and, if there is no newspaper published therein, then in the newspaper published nearest to the municipality ; and for the next following five consecutive weekly issues of said newspaper preceding the day of sale therein named shall publish a notice therein in form following : Sale of lands in the {fill in proper title) .for arrears of taxes. Notice is hereby given that certain lands in the (fill in pro- per title) will be offered for sale for arrears of taxes {stating the day, time and place lohere and when the said lands are to be sold and the dates of the issues of said newspaper in ichich a full list of said lands may he found) . and shall also publish a similar notice in The North-West Ter- ritories Gazette during the said nine weeks;. CO., c. 70, s. 183. Advertisment contents 184. The advertisement shall contain a notification that unless the arrears of taxes and costs are sooner paid the secre- tary treasurer will proceed to sell the lands for taxes on tho day and at the place mentioned in the advertisement. CO., c. 70, s. 184. Advertisment, contents 185. Every such notice shall specify the place, day and hour at which the sale shall commence and each lot or parcel 734 s. 191 MUNICIPAL Cap. 70 64 of land shall be designated therein by a reasonable description for registration purposes. CO., c. 70, s. 185. •186. All the lots liable for sale in the municipality shall be Lands omitted included in the same statement and notice but any neglect oriSte^r omission to include any lands liable for sale in said list shall not be held to invalidate the sale or prevent the sale of such omitted land on any future occasion for all arrears of tax!es that may be due thereon. CO., c. 70, s. 186. 187 . The day of sale shall not be more than forty days afteroate of sale the last publication as hereinbefore provided and the sale shall take place at such place in the municipality as the council shall from time to time. by resolution appoint and, in the ab- sence of such appointment, at such place in the municipality as the secretary treasurer in his said notice shall name. CO., c. 70, s. 187. 188. The secretary treasurer may adjourn the sale fromSaiemay be time to time provided always that no such adjournment shall be for a period exceeding fifteen days. CO.,,c. 70, s. 188. 189. At the place, day and hour appointed for the sale o^f™^f|'^"8^ lands (if the taxes thereon including costs and charges have not previously been paid) the secretary treasurer shall ofEer the lands for sale by public auction and in so doing shall make and declare the amounts stated in the list as the taxes due with his charges and costs as the upset price on each respective lot or parcel as offered for sale and shall thusi sell the same to the highest bidder or to such person as may be willing to take it at the upset price, there being no higher bidder, but subject to redemption as hereinafter provided for. CO., c. 70, s. 189. 190. If no bidder appears for any land for the full amount saie'to^^^.^^ of arrears of taxes, costs and charges the secretary -treasurer shall there and then sell the same to the municipality at the upset price. CO., c 70, s. 190. 19!li. If the land sells for a greater sum than the taxes due Payment of together with all charges thereon the purchaser shall only beS'oney'^ required to pay at the time of sale the amount of said taxes ' and charges and the balance of the purchase money shall be payable within one calendar month after the time of redemp- tion of the said land shall have expired without the same hav- ing been redeemed within the time limited and if the said bal- ance of purchase money shall not be so paid by the purchaser, his heirs or assigns, within the time above prescribed he and they shall forfeit all claim to the said land and to any trans- fer or conveyance thereof as well as the amount paid at the 73-5 65 Cap. 70 MUNICIPAL s. 191 Purchaser failing to pay, resale time of sale and such land shall thereupon ceaSe to be affected by said sale. CO., c. 70, s. 191. 192. If the purchaser of any parcel of land fails immediate- ly to pay the secretary treasurer on account of said purchase the amount claimed for arrears of taxes and charges the treas- urer shall forthwith again put up the property for sale. CO., c. 70,, s. 192. Certificate to purchaser 19,3. The secretary treasurer after selling any land for taxes shall give to the purchaser a certificate describing the land as advertised stating the amount of taxes and costs paid and the total amount of purchase money and further saying that a transfer of the same to the purchaser or his assigns shall be executed by the secretary treasurer on his or theii" demand willhin one month after the exjpiration of one year from the date of the certificate if the land be not previously redeemed and upon payment of the balance of the purchase money if any remains unpaid and upon payment of $2 for said transfer. CO. c. 70, s. 193. Purchaser's 194. The purchaser shall on receipt of the secretary treas- "ghts urer's certificate of sale become the owner of the land so far as io have all necessary rights and powers for protecting the same from spoliation or waste until the expiration of the term dur- ing which the lands may be redeemed. CO., c. 70, s. 194. List of land 195. A Statement of the lauds SO sold for arrears of taxes for inspection with the namcs of the respective purchasers, the date of sale, the time of redemption and the amount required to redeem shall within thirty days of the date of sale or adjourned sale be made out and signed by the secretary treasurer in duplicate and one copy shall be kept by the secretary treasurer and the other delivered to the mayor or reeve and either of the said lists may be inspected at any time during office hours for a fee of ten cents for each lot of which inspection is desired. CO., c. 70, s. 195. REDEMPTION. Redemption of lands sold 196. The owner of any land which may hereafter be sold for taxes or his heirs, executors, administrators or assigns or any other person on his or their behalf but in his name only may at any time within one year from the date of sale exclu- sive of that date redeem the real estate sold by paying to the secreltary treasurer before the hour of three o'clock in the afternoon of the said last day for redemption for the use and benefit of the purchaser or his legal representatives the sum paid by hi'm together with ten per cent, thereon and any further sum which shall have been levied against said land and paid by the purchaser before date of redemption and the 736 s. 201 MUNICIPAL Cap. 70 66 secretary treasurer shall give the party paying such redemp- tion money a receipt stating the sum paid and the objects thereof and such receipt shall be evidence of the redemption. CO., c. 70, s. 196. redemption 197 . For the purpose of this Ordinance the day of sale shall ^^^^ of be the day on vsrhich the sale was advertised to take place without reference to any adjournment or adjournments and all certificates shall be dated as of that day. CO., c. 70, s. 197. 198. From the time of payment to the secretary treasurer of Purchaser's the full amount of redemption money required by this redemption Ordinance all rights and interests of the purchaser shall cease CO.,c. 70, s. 198. 199. Whenever such redemption is effected by a person not Receipt when specially authorised the secretary -treasurer shall mention in by person" n ... ii'j?j_i 1 J- ji unauthorized the receipt given by him tor the redemption money the name and designation of the person paying the same and the name of the person on whose behalf the payment is made and every redemption receipt shall be made out in duplicate ; one copy shall be given to the person paying the redemption money and one shall remain on file in the office of the secretary treasurer. CO., c. 70, s. 199. 200. The secretary-treasurer shall also immediately after Notice to the redemption of any land give notice by registered letter to''"" ^^^^ the party appearing by his books to be the purchaser of the same apprising him of the fact of such redemption and of the amount of money paid in for such purpose. CO., c. 70, s. 200. TR.'VNSFBR ON NONREDEMPTION. 201 . If the land be not redeemed within the period allowed onnon- by this Ordinance then on demand of the purchaser, his heirs traS* may or assigns or other legal representatives at any time within one'^^"^ month after the expiration of the time limited for the re- demption upon payment of the balance of purchase money as aforesaid and of the further sum of $2 the secretary-treasurer shall prepare and execute and deliver to him or them a trans- fer of the land sold provided that any land sold to the munici- pality under the provisions of this Ordinance as hereinbefore provided shall be transferred to the municipality by the secre- tary-treasurer of the municipality immediately on the expira- tion of the time allowed for the redemption, without charge ; such transfer shall be in form G given in the schedule to this Ordinance or to the same effect and shall state the date and cause of sale and the price and shall have the effect [upon confirmation of the sale by a judge] of vesting the land in the purchaser, his heirs, assigns and other legal representatives 737 67 Cap. 70 MUNICIPAL S. 201 in fee simple or otherwise according to the nature of the estate sold and no such transfer shall be invalid by reason of any error or miscalculation in the amount of taxes in arrear. CO., c. 70, s. 201; 1901, c. 23, s. 6. Tax transfer cancels all prior claims 202. Such transfer shall not only vest in the purchaser all rights of property which the original holder had therein, but shall also purge and disencumber such land from all pay- ments, charges, liens, mortgages and encumbrances of what- ever nature and kind other than existing liens of the munici- pality or Crown, and whenever lands are sold for arrears of taxes, and the secretary-treasurer shall have given a transfer thereof, such transfer shall, notwithstanding any informality or defect in or preceding such sale, be valid and binding to all intents and purposes, except as against the Crown. [(2) After the expiration of one year from the date of any such transfer the sale and transfer may be set aside only upon its being shown either : 1. That there has been fraud or collusion ; or 2. That all taxes have been paid ; or 3. That the land was not liable to assessment.] CO., c. 70, s. 202; 1901, c. 23, s. 7, ss. 2. Title in Crown Invalid sales Liability of municipality 203. When the title of any land sold for arrears of taxes is vested in the Crown the transfer thereof in whatever form given shall be held to convey only such interest as the Crown may have given or parted with, or may be willing to recognise or admit that any person possesses under any colour of right whatever; and the municipality in case of any sale for taxes being declared invalid shall be liable only for the purchase money actually paid therefor to the secretary-treasurer and legal interest thereon as for damages or otherwise. CO., c. 70, s. 203. TAX SALE FUND. Tax sale fund 20'4. The secretary treasurer shall keep a separate account of all sums paid to him as a balance of purchase money on lands sold far arrears of taxes, and not redeemed and shall enter in the book the amount received over the taxes and charges from the purchaser of any lots sold by him against said lot with date of sale and of receipt of balance and the aggregate amount so received shall form a fund to be called the tax sales fund and the secretary-treasurer shall in the month of January in each year and on request at any other time, furnish a statement to the council, giving the particulars respecting such fund and whenever any portion of such fund shall have remained in the hands of the secretary-treasurer for six years from the day of sale of the land of the purchase money of which it forms a part, without any notice of claim or 738 s. 206 MUNICIPAL Uap. VU 68 order for payment having been served on him as hereinafter provided, said portion or sum so remaining unclaimed shall have been forfeited and thereafter be the absolute property of the municipality and the said municipality shall for ever be discharged from any claim on account thereof. CO., c. 70, s. 204. 2i05. Any person claiming to have been the ov^rner, heir, surplus may assignee or legal representative of the owner or otherwise in- " "^ '*™* terested in any parcel of land sold for taxes and transferred as aforesaid which shall have realised more than the amount due for taxes and charges shall be entitled to claim and receive the said overplus or sum held 'to the credit of said parcel of land in the tax sale fund or any portion thereof specified in the order hereinafter mentioned provided that written notice is served upon the secretary-treasurer previous to the ,time limited for forfeiture and upon producing and leaving with the secretary-treasurer within six months from the date of service of such notice of claim an order signed by a judge reciting that it had been proved to the satisfaction of said judge that the claimant was at the time of sale the lawful owner of the land in respect to which claim is made or was or is the heir, executor, assignee or legal representative of the said owner or otherwise interested in the said land and requiring the muni- cipality to pay the said surplus money for the portion thereof specified in the order to the said blaimant and such or any judge's order for payment of any part of said tax sale fund shall be kept by the secretary-treasurer and shall be the war- rant and authority for making such payment. CO., c. 70, s. 205. 206. In seeking to obtain a judge's order any claimant Evidence ot upon said fhnd shall in person or by advocate petition the^surpius judge in writing for that purpose describing the land sold and setting for the particulars of said sale and the title under which the said money is claimed and shall at the same time furnish such evidence of title as may be necessary for proving his title or interest to the satisfaction of the judge, and the facts set forth in the petition shall be verified by affidavit so far as may be necessary to satisfy the judge of the bona fide nature of the claim and the said judge may in his discretion require the claimant to serve a notice of his application upon the municipality or publish the same in any manner he may deem proper or substantiate his claim in any other manner and the judge may in his discretion order said money to be paid into the Supreme Court there to be dealt with in such manner as the court shall order and in such case a copy of his order stating the reason therefor shall be filed in the said court and served upon the secretary-treasurer. CO., c. 70, s. 206. 739 09 Cap. 70 MUNICIPAL 3. 207 Fees payable 207 . The saine fecs shall be paid upon an application made under the last preceding section as are payable in respect of other applications in chambers for a judge's order in any suit or procedure. CO., c. 70, s. 207. Costs, how 2.08 . In any case where the judge deems it advisable to p'^yabie order notice to be served upon the municipality he shall in the final decision of the question if the claimant is successful order ■the costs of the municipality to be paid out of the fund in question and in case the claimant fails shall order execution to issue against him from the said court, after taxation for the costs of the municipality. CO., c. 70, s. 208. Claimant 209. The fact of claiming any surplus held to the credit of validity of sale any lots sold for taxBs in the said tax sale fund shall be con- sidered an admission of the validity of the sale of the lot in question by the claimant and the said claimant and all claim- ing by, through or under him shall from and after the time of making such claim be debarred from taking any proceeding to question or set aside such sale notwithstanding that said claim shall have been made within the time otherwise limited for taking any proceedings to invalidate any tax sale and said sale shall thereafter be held to be in all respects valid and binding as against the claimant and those claiming by, through and under him as aforesaid. CO., c. 70, s. 209. Pending suit 210. In casc of any suit or proceeding to set aside or ques- ques loning ^^^^ ^ ^^^^ ^^^ arrears of taxes being commenced within two be'for"feit'e°d* *° ycars and one month from the date of said sale, being the time within which only any such action can be brought or proceed- ing taken for that purpose, the plaintiff shall within ten days after commencing his action or proceeding cause the secretary- treasurer to be notified in writing of the fact of his action or proceeding having been commenced and the secretary-treas- urer in such case shall not forfeit any surplus held by him to the credit of the parcel of land in dispute but shall hold the same subject to the order of any judge or court before whom the said action or proceeding shall or may be tried and in case the plaintiff succeeds the judge or court shall order said sur- plus repaid to defendant, the tax sale purchaser or his proper representatives, and in case the plaintiff fails in such action or proceeding to set aside such sale but proves to the satisfaction of the judge or court that he was at the time of sale the lawful owner of said land and the person entitled to the said surplus money according to the true intent and meaning of this Ordi- nance then in such case the judge or court shall order such surplus money to be paid over to the plaintiff or his proper representatives upon and after payment by said plaintiff of such costs of the defendant as he may have been ordered to pay; 740 s. 211 MUNICIPAL Cap. 70 70 (2) The provisions of this and the nex:t preceding section are hereby declared applicable only to lands for which certifi- cates of title have not been granted. CO., c. 70, s. 210. TAX SALES. LIABILITY OF MUNICIPALITY. 211. In no case shall the municipality be liable for damages Liability of or costs in any suit brought to set aside a tax sale or be liable Jf^f4T'*''*^ for any damages or costs arising therefrom in any v?ay further than, in case of sale held void by a competent court, refunding to the purchaser the amount of money actually received vpith legal interest. CO., c. 70, s. 211. 741 71 Cap. 70 MUNICIPAL S. 212 PART V. By-laws for Creating Debts and Exempting from Taxation. Special rate in particular area Bylaws for creating debt Limit Must have assent of two-thirds of ratepayers -voting Petition of ratepayers for introduction of bylaw INTRODUCTION AND FORM OF BYLAWS. 2il3. In case the majority of the resident ratepayers of any portion of a municipality divided into lots petition the council thereof setting forth the desire pi such resident ratepayers to incur a debt or liability repayable in the financial year, the council may by bylaw levy a special rate against all the property within the area (which shall be described in the petition) as set forth in such petition and such rate shall be collectable as all other rates assessable by the municipality. CO., c. 70, s. 212. 213. Every municipality may subject to the following pro- visions pass bylaws for contracting debts by borrowing money or otherwise and for levying rates for the payment of such debts on the ratable property of the municipality for any pur- pose within the jurisdiction of the municipality or on roads and bridges or waterworks outside the limits of the munici- pality : Provided that no municipality shall have power to pass such bylaws for contracting debts to a greater extent than ten per cent, of the assessed value of the assessable property in the said municipality. CO., c. 70, s. 213. 21|4-. Bylaws for contracting debts or borrowing money which do not provide for the payment of the debts contracted or money borrowed within the financial year shall before the final passing thereof receive the assent of two-thirds of the duly qualified ratepayers voting thereon in the manner herein- after provided. CO., c. 70, s. 214. 21)5 . No bylaw for [making loans or] granting bonuses to manufactories, mills, railways or any works of a public nature or guaranteeing the payment of debentures of companies to assist them in the operation of elevators, for exemption from taxation for a longer period than one year or for building, owning or operating grist mills, elevators and manufacturing establishments or subscribing for stock therein shall be intro- duced or entertained by the council except on a petition of one-half the resident ratepayers of the municipality ; and all such bylaws shall before the final passing thereof receive the assent of two-thirds or more of the votes polled : Provided however that upon the introduction of any such bylaw no informality in the proceedings prior to such intro- duction shall affect its validity. CO., c. 70, s. 215; 1901, c. 23, s. 8. 742 s. 218 MUNICIPAL Cap. 70 72 2il^. If contracted for the purpose of subscribing for stock Term tor in a railway or street railway company or for granting a bonus "p"^"®"* in aid) of a railway or street railway or of any undertaking for public lighting or draining or for supplying water to the inhabitants for fire or domestic purposes or for the purpose of constructing any public works the debt may be made payable within any period not exceeding, in the case of railways, forty years and in all other cases twenty years and no longer, from the date upon which the bylaw takes effect. In case any municipality shall already have been authorised by bylaw to borrow money for any of the purposes aforesaid the munici- pahty may extend the time for the payment of the debentures to be issued in pursuance of such bylaw over the period author- ised by this section although the same shall exceed the period named in the bylaw and for this purpose the municipality may reacquire any debentures already issued under any such bylaw and issue debentures in their stead extending over the longer period as aforesaid. CO., c. 70, s. 216. 217 . The bylaw shall recite — Provisions '' of bylaw (o) The amount of the debt which such new bylaw is intended to create and in some brief and general terms the object for which it is to be created ; (6) The number of years over which such indebtedness is to be spread ; (c) The amount of the whole ratable property according to the last revised assessment roll ; id) The total amount of the existing debt of the munici- pality outside of the debt due for the current expenses of the year ; (e) A day not more than three months from the day on which the voting is to take place when the bylaw shall take effect ; and the whole of the obligations to be issued for the debt authorised shall be dated as of the day on which the bylaw takes effect. CO., c. 70, s. 217. 218. Debentures shall be in the form following or to the Form of^^ like effect : (.Give full corporate name of municipality.) ^ _.. Debenture No The municipality of promises to pay the bearer at the at the sum of dollars of lawful money of Canada in equal instalments from the date hereof with interest at the rate of per cent, per annum 743 73 Cap. 70 MUNICIPAL s. 218 on the terms and in the amounts specified in the coupons attached hereto. (Signed) Mayor {or Eeeve.) Dated this Secretary-treasurer, day of 1 (Coupons.) Coupon No .... Debenture No. . . . The Municipality of will pay to the bearer at the bank of at on the day of 1 , the sum of dollars being the payment with the total interest at the rate of per cent, per annum due on that dayon debenture No. . . . (Signed) Mayor (or Reeve.) Secretary-treasurer . [Provided that the form of the said debenture may be so amended as to permit of each instalment of principal and interest being equal if the bylaw provides for repayment in equal instalments of principal and interest.] CO., c. 70, h. 218; 1901, c. 23, s. 9. VOTING ON BYLAWS. Voting on bylaws 219. In case a bylaw requires the assent of the electors of the municipality before the passing thereof the following pro- ceedings shall be taken for ascertaining such consent : 1. The council shall by the bylaw fix a day and hour for taking the votes of the electors and such places in the munici- pality as the council shall in their discretion deem best and shall name a returning officer and deputy returning officers to. take the votes at each place where the votes are to be taken and the day so fixed for taking the votes shall not be less than three nor more than four weeks after the first publication of the proposed bylaw as hereinafter provided. CO., c. 70, s. 219. Publication of bylaw 220. The council shall before the voting thereon by the ratepayers publish a copy of the bylaw in some public news- paper published within the said municipality or, if there be no such newspaper, in same public newspaper near the munici- pality, which publication shall be continued in at least one number weekly of such newspaper for two consecutive weeks ; and shall also put up a copy of the bylaw at four or nioie of the most public places of the municipality. CO., c. 70, s. 220. 744 s. 227 MUNICIPAL Cap. 70 74 221 . Appended to each copy so published shall be a notice Notice signed by the secretary-treasurer of the council stating thatbXw'^^'' *° such copy is a true copy of a proposed bylaw which will be"""'"''^'^ taken into consideration by the council after being voted on by the electors and stating the date of the first publication and the day, hour and place or places fixed for taking the votes of the electors. CO., c. 70, s. 221. 222. At such day and hour a poll shall be taken and all Vote taken^^ proceedings thereat and for the purposes thereof including a of council recount shall be conducted in the same manner as nearly as may be as at an election for mayor and councillors. CO., c. 70, s. 222. 223. The ballot papers shall be printed with "for the by- Form of law" and "against the bylaw" and shall be marked by the voter with a cross on the right side thereof opposite the words "for the bylaw" or "against the bylaw" as he may desire to vote. CO.,c. 70, s. 223. 224. The council shall in the bylaw fix the time and place 1?™^ and 1)1 &CC Ol when and where the returning officer of the municipality shall summing vote .to be stated sum up the number of votes given for or against such bylaw. C. 0., c. 70, s. 224. 225. On the application of any person interested in pro- Scrutineers moting or opposing the passage of the bylaw the mayor or reeve shall authorise the attendance of one person on behalf of the party applying at each polling place and at the final summing up of the votes. CO., c. 70, s. 225. 226. Every ratepayer being a man, unmarried woman or Persons widow shall be entitled to vote on any bylaw requiring the assent of the electors, who at the time of tendering the vote is of the full age of twenty-one years and is named on the last voters' list of the municipality and who has neither directly or indirectly received nor is in expectation of receiving any reward or gift for the vote which he tenders and who i at the time of the tender a freeholder in his own right or whose wife is a freeholder of real property within such municipality and is rated on the last revised assessment roll as such freeholder for not less than $400. CO., c 70, s. 226. 227. Any ratepayer offering to vote on the bylaw may beoaths required by the deputy returning officer or by any ratepayer entitled to vote on the bylaw to make, before his vote is recorded, the following oath or afiirmation or any part thereof or to the effect thereof — "You swear that you are of the full age of twenty-one years ; that you are the person named as in the 745 75 Cap. 70 MUNICIPAL s. 227 voters' list ; that you are a freeholder in your own right (or your wife is a freeholder) of real property within the munici- pality and rated on the last revised assessment roll as such freeholder for not less than $400 ; that you have not voted before on the bylaw now before the electors ; that you have not directly or indirectly received any reward or gift nor do you expect to receive any for the vote which you tender ; (In the case of an unmarried woman or widow claiming to vote) that you are unmarried (or a widow as the case may be)." CO., 0. 70, s. 227. Declaration («f result 228. The returning officer after he has received certified returns from the deputy returning officers of the number of votes given at each polling place shall at the time and place appointed by the bylaw in the presence of the persons author- ised to attend, or such of them as may be present, sum up from such statements the number of votes for and against such bylaw and shall then and there declare the result and forthwith certify to the council under his hand whether the majority of the electors entitled to vote, who have voted upon the bylaw, approved or disapproved of the same. CO., c. 70, s. 228. Final passing 229 . Evcry bylaw which is carried by the required major- ity of the duly qualified electors who have voted thereon shall, within two weeks thereafter, be passed by the council which submitted the same. CO., c. 70, s. 229. 2S30. Eepealed. 1901, c. 23, s. 10. 746 s. 233(4) MUNICIPAL Cap. 70 76 PART VI. Local Improvements and Assessments. 2311. The term "local improvement" shall be taken to mean Local the opening, widening, straightening, extending, grading, ''"^™'^^'"^°** levelling, macadamising, laying, paving or planking on any street or public lane, alley, way or place, sidewalk or bridge forming part of a highway; or the curbing, sodding or plant- ing of any street or public lane, alley, square or other public way or place ; or the making, deepening, enlarging or prolong- ing of any common ditch, drain or sewer; or the reconstruct- ing, but not the mere repair and maintenance of any of the said works. CO., c. 70, s. 231. 232. The term "special frontage assessment" shall be taken Spedai ,.-*• ^.^.. ^ frontage to mean a rate charged according to the lineal measure along assessment the front of the several lands fronting on the street or place whereon or wherein the improvement is to be made for the purpose of paying for such local improvement which rate shall be computed by dividing the total charge to be provided by special frontage assessment on said lands by the number of lineal feet frontage of such lands on the street or place where- on or wherein the local improvement is to be made. CO., c. 70, s. 232. 233 . The municipal council of any town may pass bylaws : Bylaw for 1. For ascertaining and finally determining what portion if any of the cost of any local improvement should be borne by the municipality at large ; 2. For assessing by way of a special frontage assessment the cost or a portion of the cost of any local improvemeiit upon the lands fronting upon the street or place wherein or whereon the local improvement is to be made and for levying such cost or portion thereof by a special rate upon such lands ; 3. For regulating the time or times and manner in which the rates for such improvements are to be paid ; 4. For borrowing by way of temporary loan upon the credit of the municipality at large any moneys required to meet the cost of any local improvement provided that such temporary loan shall mature within six months from the making thereof ; and for borrowing by the issue of debentures upon me credit of the municipality at large the moneys required to meet the cost of any local improvement or required to pay any tem- porary loan made for that purpose : Provided that the amount of any such temporary loan or loans by way of debentures shall not increase the general debt 747 Cap. 70 MUNICIPAL s. 233(4) of the municipality beyond the limits thereof fixed by any Ordinance in that behalf ; and Provided Ithat such debentures shall mature within the probable life of the local improvement. CO., c. 70, s. 233. Two-thirds of owners concerned must petition 234. No assessment or levy shall be made under any bylaw passed under clause 2 of section 233 of this Ordinance except upon petition to the council of at least two-thirds in number of the persons registered or assessed as owners of the lands front- ing on the street or place whereon or wherein the improve- ment is proposed to be made representing at least one-half of the value of such land excluding improvements thereon. CO., c. 70, s. 234. Council may grant petition wholly or in part 235. The request of the petition may be acceded to by the council either in respect of the whole or of a part of the street or place proposed to be improved : Provided that part only of such street or place as described in the petition shall not be improved unless the petition is signed as is required by the last preceding section having regard only to the lands fronting on such part of the street or place. CO., c. 70, s. 235. Completion of work 236. After the council has resolved to grant the request of any such petition in whole or in part as aforesaid it shall be lawful for the said council in the same or the succeeding year to carry on the proposed improvement or service to completion before making the assessment therefor and such petition so presented shall stand good as authority for undertaking any such improvement and making such assessment or assessments and passing all necessary bylaws whether the improvements shall have been or shall be undertaken and completed by the council to whom such petition is presented or by the council in the succeeding year. CO., c. 70, s. 236. Appeal from 237 . There shall be a right of appeal against every assess- assessment " ^ ^ " "^ ment and rating made under the authority of any bylaw passed under the local improvement sections of this Ordinance to n court of revision to be composed of the mayor and council of the municipality and from such court of revision to a judge in the same manner and by the same procedure as nearly as may be as in case of an appeal from an ordinary assessment. CO., c. 70, s. 237. Notice of proposed frontage tax 238 . Notice of every proposed special frontage rate shall be given by the assessor to the persons registered or assessed as owners or addressed to the last post ofBce address of each such owner known to the assessor of the municipality of every parcel of land to be charged therewith by registered letter, and 748 s. 241 MUNICIPAL Cap. 70 78 according as the improvement has actually been made or is only contemplated , and the notice shall set forth : (a) The probable lifetime of the proposed improvement as being the period over which the cost will be spread : (b) The probable or actual cost of the improvement ; (c) The portion if any of the cost to be borne by the municipality at large ; (d) The portion of the cost to be provided by special frontage assessment ; (e) The frontage the property upon which the special frontage assessment is to be levied stated in lineal feet ; (/) The rates of special frontage assessment per foot frontage ; (gf) The amount chargeable to each lot or parcel of land assessed according to the rate per foot frontage ; (h) The value of the land chargeable with the special frontage rate exclusive of all improvements thereon ; (t) The time fixed for the sittings of the court of revision for the hearing of appeals in respect of the assess- ment and proposed special rate ; such sittings to be not earlier than fifteen days from the date of mailing of the notices. CO., c. 70, s. 238. 239. A memorandum by the assessor in any proper book Record of ^ 1 mailing notice or roll kept for that purpose of the mailing of such notices and of the date thereof shall be prima facie evidence of the mail- ing of such notices in accordance with the last preceding sec- tion on the date mentioned in the memorandum. CO., c. 70, s. 239. 240. The decision of the court of revision or of the judge '^^y^^fof °^ there be an appeal from the court of revision shall be final and revision cr cLT .- ,1 . judge to be conclusive upon all matters respecting the assessment andfinai special rate and the court of revision and the judge shall respectively have power in the event of the assessment of any party being decreased or increased on appeal to raise or lower proportionately the assessment of the other parties assessed without any further notice. CO., c. 70. s. 240. 241 . Every bylaw passed for borrowing money for local im-Contents of provement shall recite : (a) The amount of the debt which such bylaw is intended to create and the object in general terms for which it is to be created ; 749 79 Cap. 70 MUNICIPAL s. 241 {b) (b) The total amount required to be raised annually by special rate for paying the debt and interest under the bylaw ; (c) The total value of the land exclusive of improve- ments charged with the special assessment and if any portion of the debt is to be borne by the munici- pality at large the value of the whole ratable prop- erty according to the last revised assessment roll ; (d) The annual special rate per foot frontage for the paying of the interest and creating a yearly sinking fund for the payment of the debt or portion thereof not payable by the municipality at large as the case may be or foi discharging the instalments of such principal and interest in case the debt is to be so pay- able and if any portion of the debt is to be borne by the municipality at large the annual special rate in the dollar for the payment of the portion of the debt chargeable to the municipality at large or for dis- charging the instalments of such principal and inter- est as the case may be ; (e) That the debt is contracted on the credit and security of the municipality at large but as to so much as is not to be paid by the municipality at large the muni- cipality is to collect the same only by way of special frontage tax as aforesaid. CO., c. 70, s. 241. Assent of 242 . No bylaw passed hereunder shall require the assent of '''"''"' the electors : Provided however, that if the council in any case of local improvement provides that more than one-third of the total cost of the improvements shall be paid by the municipality at large and such sum shall be greater than can be properly paid out of the current revenue of the year during which the im- provement is made then and in every such case the council shall pass a separate bylaw for the portion of money to be provided by the municipality at large and said bylaw shall before being finally passed receive the assent of the electors in the manner hereinbefore provided. CO., c. 70, s. 242. 750 s. 243(6) MUNICIPAL Cap. 70 80 PART VII. EXECUTIONS AGAINST MUNICIPALITIES. 243. Any writ of execution against a municipality may be Procedure on indorsed with the direction to the sheriff of the judicial district ^'eutfon in in which the municipality is, to levy the amount thereof by''^''"*'^ ''^"'^^ rate and the proceedings thereon shall be as follows : 1. The sheriff shall deliver a copy of the writ and indorse-copy wdt to ment to the secretary-treasurer of the municipality with a^cf^trT"^ statement in writing of the amount required to satisfy such*''^''"""'^'' execution including the amount of interest thereon and sher-°^^^„^if f""" iffs fees and demand the payment of the same ; 2. In case the amount demanded is not paid to the sheriff Execution rate within thirty days after such delivery the sheriff shall examine the assessment roll of the municipaity and shall in like man- ner as rates are struck for general municipal purposes strike a rate sufficient in the dollar to cover the amount claimed as aforesaid with such addition to the same as the sheriff deems sufficient to cover the interest, his own fees and the col- lector's percentage up to the time when such rate will prob- ably be available ; 3. The sheriff shall thereupon issue a precept or precepts siienffs under his hand and seal of office directed to the secretary- se'^^reta*ry- treasurer of the municipality and shall annex thereto the roll*™"^"'^^'' of such rate and shall by such a precept after reciting the writ and that the corporation had neglected to satisfy the same and referring to the roll annexed to the precept command the secretary-treasurer to levy such rate at the time and in the manner by law required in respect to the general annual rates ; 4. At the time for levying the annual rates next after the Levy of receipt of such precept the secretary-treasurer shall add a column to the tax roll headed : "Execution rate in A.B. versus the municipality of as the case may be" adding a simi- lar column if there are more executions than one and shall in- sert therein the amount by such precept or precepts to be levied upon each person respectively and shall levy the amount of such execution rate aforesaid and shall within the time that he is required to make the returns of the general annual rate return to the sheriff the precept or precepts with the amount levied thereon deducting his percentage ; 5. The sheriff shall after satisfying the execution and all Surplus fees thereon return any surplus within ten days after receiving the same to the secretary-treasurer for the general purposes of the municipality ; 6. In case the secretary- treasurer of any municipality secretary- against which an execution has issued is not paid by per- percentage centage fixed by bylaw of the municipality he shall be paid for 761 . 81 Cap 70 Secretary- treasurer and assessor officers of court MUNICIPAL S. 243(6) such collections a sum not exceeding two and one-half per centum. CO., c. 70, s. 243. 244. The secretary -treasurer and assessor of the corporation shall for f-'f purposes of 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 writ issued and as such may be proceeded against by attachment, mandamus or other- wise to compel them to perform the duties hereby imposed on them. CO., c. 70, s. 244. BXPEOPRIATION OF LANDS. Expropriation of lands 245. The council of every municipality shall make to the owners or occupiers of or other person interested in lands entered upon, taken or used by the corporation in the exercise of its powers due compensation for any damages (including cost of fencing when required) necessarily resulting from the exercise of such powers beyond any advantage which the claimant may derive from the contemplated work and any claim for such compensation if not mutually agreed upon shall be determined by arbitration under this Ordinance. CO., c. 70, s. 245. Corporations or guardians, etc., may act 246. 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 be- half 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 Ordi- nance as in contracting for and conveying to the council any such lands or in agreeing as to the amount of damages aris- ing from the exercise by the council of any power in respect thereof. CO., c. 70, s. 246. Appointment of represen- tative where no person to act 247 . In case there be no such person who can so act in respect of such lands or in case any person interested in respect to any such lands is absent from the Territories or is unknown "r in case his residence is unknown or he himself cannot be found a judge may on application of the council appoint a person to act in respect to the same for all or any of the said purposes. CO., c. 70, s. 247. Payment of amount awarded and interest 24i8. In case any person acting as aforesaid has not the absolute estate in the property the council shall pay to him legal interest on the amount to be paid in respect of such property and shall retain the principal to be paid to the person .752 s. 253 MUNICIPAL Cap. 70 '82 entitled to it whenever he claims the same and executes a valid acquittance therefor unless a judge in the meantime directs the council to pay the same to any person or into court ; and the council shall not be bound to see to the application of any interest so paid or of any sum paid under the direction of such court. CO. , c. 70, s. 248. 249 . All sums agreed upon or awarded in respect of such sums awarded real property shall be subject to the limitations and charges tofncumbrance which the property was subject. CO. c. 70, s. 249. "'''"''' 250. The council of any' municipality in all cases where council may claims for compensation or damages are made against them^^damages*'' which under the provisions of this Ordinance are declared to be the subject of arbitration in the event of the parties not being able to agree, may cause such amount to be tendered to the person making such claim as they may consider proper compensation for the damage sustained or lands taken and in the event of the nonacceptance by the claimant or claimants of the amount so tendered and the arbitration being proceeded with and if an award is obtained for an amount not greater than the amount so tendered the costs of the arbitration and award shall unless otherwise directed by the arbitrator be awarded to the corporation and set off against any amount which shall have been awarded against them. CO., c. 70, s. 250. 251. In any case where a dispute arises between two Disputes to be municipalities or between a person and a municipality involv- arbitration ing a claim for the payment of money or damages or between two or more parties for the surplus money in the hand of a municipality in cases where property distrained for the pay- ment of taxes has been sold for more than the amount of taxes and costs either party to the dispute may require that the same be settled by arbitration. CO., c. 70, s. 251. 252. In cases where arbitration is authorised either party Appmroment may appoint an arbitrator and give notice thereof in writing" to the other party calling upon him to appoint an arbitrator on his behalf and a notice to a municipality shall be given to the mayor or reeve thereof. CO., c 70, s. 25'^. 253. The appointment of all arbitrators shall be in writing Appointment under the hands of the appomters or m case ot a municipality by bylaw by a bylaw of the council and the two arbitrators appointed by or for the parties shall within seven days from the date of the appointment of the last named arbitrator appoint in writ- :ngathird. CO., c 70, s. 253. (GG) 753 83« Cap. ,70 MTINICIPAIj s. 254 Each party interested may appoint arbitrator 25i. Where more than two parties are interested .each of -them shall appoint an arbitrator and if there be an even number of arbitrators the arbitrators so appointed shall appoint another arbitrator or in default at the expiration of twenty - one days after the last of such arbitrators has been appointed the Lieutenant Governor in Council may on application of any one of the parties interested appoint such arbitrators. CO., C.70.S. 254. Omission or neglect to appoint, Lieutenant Governor may appoint 255 . In case of neglect or refusal of any party to, appoint an arbitrator when notified to do so or in case of two parties appointed and being unable to agree upon a third the Lieuten- ant Goverrior in Council shall, upon application of any one of the parties interested in such arbitration appoint a party or parties to act for and on behalf of the party so refusing or a third arbitrator as the case may be. CO., c. 70, s. 255. Appointment of arbitrator for municipality After appointment by adverse party 256. 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 municipality in •the exercise of any of its powers or injuriously affected thereby if after the passing of the bylaw any person interested in the property appoints and gives due notice to the mayor or reeve of the municipality of his appointment of an arbitrator to determine the compensation to which such person is entitled the mayor or reeve shall if authorised by bylaw within seven days appoint a second arbitrator and give notice thereof to the other party and shall express clearly in the notice what powers the council intends to exercise with respect to the property describing it. CO., c. 70, s. 256. Council may name arbitrator Other party then to appoint one 257:. In such last mentioned arbitration if, after service upon the owner or occupier of or person so interested in the property of a certified copy of the bylaw the owner or occupier or person so interested omits for twenty-one days to name an arbitrator and give notice thereof as aforesaid the council or the mayor or reeve if authorised by bylaw may name an arbi- trator on behalf of the council and give notice thereof to the owner, occupier or a person so interested and the latter shall within seven days thereafter name an arbitrator on his behalf. CO., c. 70, s. 257. Meeting of arbitrators 258. Within ten days after the appointment of the third arbitrator the arbitrators appointed shall meet to hear and determine the matter referred to them. CO. , c. 70, s. 258. Award to be made within a month 259. In any of the cases hereinbefore provided the arbitra- tors shall make their award within one month after the appointment of the third arbitrator. CO., c. 70, s. 259. 754 s. 26(5 MUNICIPAL Cap. 70 84 260. No member, officer or person in the emoloyment of Ng municipal . . , . . . -^ , i. -' . omcer can be any municipality interested m any arbitration shall be arbitrator appointed to act as such arbitrator. C.O., c. 70, s. 260. 261). Every arbitrator before proceeding to try the matter of o^t^ the arbitration shall take and subscribe the following oath be- fore any justice of the peace or notary public : I, A. B., do swear that I will well and truly try the matters referred to me by the parties and a true and impartial award make in the premises according to the evidence to the best of my skill and knowledge. So help me God. CO., c. 70, s. 261. M..262. All evidence taken by any court of arbitration under Evidence on .Unis.Ordinance shall be taken on oath ; any arbitrator is hereby empowered to administer the same. CO., c. 70, s. 262. 26^. A majority of the arbitrators so appointed shall make Award by the award and a copy thereof shall be furnished to each of the parties interested in the matter referred to' arbitration. CO., , c. 70, s.263. 264 . The arbitrators shall have power to award the pay- Arbitrators' ment of a fixed sum by any of the parties to the other for the costs of the arbitration or of any portion thereof including fees for their own services as follows : For every irieeting whera the cause is not proceeded " : - with but an enlargement or postponement is made at the request of any party, to each arbitrator not : exceeding $ 2 00 For every day's sitting to consist of not less than six hours, to each arbitrator not exceeding 10 00 For every sitting not .extending to six hours (fractional parts of hours being excluded) where the arbitra- tion is actually proceeded with , for each - hour occupied in such proceedings to each arbitrator not. , exceeding ■ 2 00 CO., c. 70, s. 264., 265. Full notes of the evidence taken by arbitrators under Notes^of this Ordinance shall be made and together with any documents ^"^^^^"J^^^ submitted in proof of any allegations made on behalf of parties ; interested shall be retained by the chairman of the arbitration oi: until an order is issued by a judge to produce the same in case of an appeal from the decision of the arbitrators. CO., c. 70, s. 265. 266. Every award under this Ordinance shall be in writing Aw^rf. to be and under the hands of all or a majority of the arbitrators and shall be subject only to an appeal to the Supreme Court. Appeal CO.,c. 70, s. 266. 755 85 Powers of court Cap. 70 MUNICIPAL s. 267 267 . An award made by arbitrators under this Ordinance 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. CO., c. 70, s. 267. APPLICATIONS TO QUASH BYLAWS. Quashing 268. In case a resident of a municipality or any other per- byiav^s, orders ^^^ interested in a bylaw, order or resolution of the council resolutions thereof applies to a judge and produces a certified copy of the bylaw, order or resolution and shows by affidavit that the same was received from the secretary-treasurer and that the applicant is resident or interested as aforesaid the judge after at least ten days from service on the municipality of a rule to show cause in this behalf may quash the bylaw, order or resolution in whole or in part for illegality and according to the result of the application award costs for or against the municipality. CO., c. 70, s. 268. Application within two months Passage procured by corrupt practices 269. No appUcation to quash or annul any such bylaw, order or resolution in whole or in part shall be entertained by any judge unless such application is made within two months from the final passing of such bylaw, order or resolution CO., c. 70, s. 269. 27,0 . Any bylaw the passage of which has been procured through or by means of any corrupt practices as defined by this Ordinance shall be liable to be quashed upon any application to be made in conformity with the provisions hereinbefore contained. CO., c. 70, s. 270. Judge may order inquiry Proceedings on inquiry Subsequent proceedings Costs 2711 . Before determining any application for the quashing of a bylaw upon the ground that the passing of the same has been procured by means of any corrupt practices as defined by this Ordinance and if it is made to appear to a judge that probable grounds exist for a motion to quash such bylaw the judge may thereupon make an order for an enquiry to be held upon such notice to the parties affected as the judge may direct concern- ing the said grounds, before himself or whom he may appoint to conduct such inquiry, and require that upon such inquiry all witnesses both against and in support of such bylaw be orally examined and crossexamined upon oath ; and the said judge upon the taking or return of said evidence as the case rr.ay be may upon notice to such of the parties concerned as he thinks proper proceed to hear and determine the question and if the grounds therefor appear to him to be satisfactorily established he may make an order for quashing said bylaw and order the costs attending such proceedings to be paid by the parties or any of them who have supported said bylaw ; and if it appears that the application to quash said bylaw ought 756 s. -276 MUNICIPAL Cap. 70 86 to be dismissed the said judge may so order and in his dis- cretion award costs to be paid by the persons applying to quash said bylaw. CO., c. 70, s. 271. 272. After an order has been made by a judge directing an Proceedings inquiry and after a copy of such order has been left with thestlyed"'' secretary-treasurer of the municipality of which the bylaw is m question, all further proceedings upon the bylaw shall be stayed until after the disposal of the application in respect of which the inquiry has been directed ; but if the matter is not prosecuted to the satisfaction of the judge he may remove the stay of proceedings. CO., c. 70, s. 272. 273. In case a bylaw, order or resolution is illegal in whole Limitation or in part and in case anything has been done under it which l^j'-o""*^^"^ by reason of such illegality gives any person a right of action "'^^''' ^y'*'' no such action shall be brought until one month has elapsed after the bylaw, order or resolvition has been quashed or re- pealed nor until one month's notice in writing of the intention to bring action has been given to the municipality and every such action shall be brought against the municipality alone and not against any person acting under the bylaw, order or resolution. CO., c. 70, s. 273. 27^ . In case the municipality tenders amends to the plain- Tender ot tiff or his advocate, if such tender is pleaded and (if traversed) amends proved and if no more than the amount tendered is recovered the plaintiff shall have no costs but costs shall be taxed to the Costs defendant and set off against the verdict and the balance due to either party shall be recovered as in ordinary cases. CO., c. 70, s. 274. \ 275. No bylaw shall be set aside for corrupt practices pro- setting aside Jdcd the passage thereof was not effected by such corraptp^cTices'' practices. CO., c. 70, s. 275. OATHS OF OFFICE AND QUALIFICATION. 2716. Every person elected or appointed under this Ordi-oaths and nance to any office requiring a qualification of property shall oFproper'ty'' before he takes the oath of office or enters on his duties makei"^''«'=^*'°"' and subscribe an oath to the following effect : I do swear that I am a British subject , that T had at the time of my election or appointment to the officfr of in the municipality of (as the case may be) and still have in my own right such an estate as does qualify me to act in the said office and that such estate is {naming the nature of it) and is of the value of 757 87 Cap. 70 MUNICIPAL s. 276 dollars over and above all charges, liens, and incum- brances affecting the same. (Signature) A.B. C.O.,c. 70, s. 276. Oath of office 27,7. Evsry member of the council, secretary-treasurer, assessor and constable shall before entering on the duties of his office, make and subscribe an oath to the following effect : I, , do svi^ear that I will truly, faithfully and impartially to the best of my knowledge and ability exe- cute the office to which I have been elected or appointed (as the case may be) in the municipality of - and that I have not received and will not receive any payment or reward or promise :0f such for the exercise c>f any partiality or neglect or undue execution of the said -office and thai I have not myself Qr,0n behalf of any other person either directly or indirectly any interest 'in any contract with or on . behalf of the said municipality." CO.; c. 70, s. 277. Oath of auditors Oath of office how to be taken ■:• 278. Every auditor before acting as such shall take the fol- lowing oath ■: , . . : . I, , having been appointed auditor for the municipality of do swear that I will faith- fully perform the duties of such office according to the best of my judgment and ability and that I had not either directly or indirectly any share or interest whatever in any contract with, by or on behalf of such municipality during the year preceding my appointment (except as auditor, if such be the case) and that I have not any contract with the said municipality except that of auditor for -the present year. CO., c. 70, s. 278. 279. Every member of the council and the subordinate officers of the municipality shall take the oaths of office and qualification before some justice of the peace or notary public not being a member of the council and the justice of the peace or notary public shall give the necessary certificate of the same having been duly made and subscribed. CO., c. 70, s. 279. PENAL CLAUSES. Penalties 280. If the sccretary-treasurcr fails to furnish ballot boxes in manner herein provided he shall incur a penalty of $100 for every ballot box which he has failed to furnish in the manner prescribed. CO., c. 70, s. 280. 281i. Any person who : (a) Without due authority supplies any ballot paper to any person ; or 758 s. 283 MUNICIPAL Cap. 70 88 (b) Fraudulently puts into the ballot box any paper other than' a ballot paper which he is authorised to put in; or tc) Fraudulently takes out of the polling place any ballot paper ; or id) Without due authority destroys, takes, opens or other- wise interferes with any ballot box or packet of ballots then in use for the purpose of the election ; shall be guilty of an offence and on summary conviction there- of be liable to a fine not exceeding $200 and costs of prose- cution. CO., c. 70, s. 281. 282. Any deputy returning officer, poll clerk, candidate or .offences at agent who_ interferes or attempts to interfere with any voter in^''*"*'""^ marking his ballot or who marks or causes to be marked a bal- lot paper so as to defeat the intentions of the voter or who at any time communicates any information he may be possessed of as to the candidate or candidates for whom any vote has been given or who induces any person to display his ballot paper so as to make known to himself or to any other person the manner in which he has voted or for or against whom he has marked his ballot paper shall on conviction thereof in a summary way before two justices of the peace be liable to a fine not exceeding $400 and costs of prosecution or imprison- ment not exceeding one year or both. CO., c. 70, s. 282. 283. If any officer of the municipality refuses or neglects to Neglect of perform any duty required of him by this Ordinance he shall "*^ on conviction thereof be fined in a sum not exceeding $100: CO., c. 70, s. 283. 284. Every fine and penalty imposed by or under the Penalties how authority of this Ordinance may, unless where other provision is specially made therefor, be recovered and enforced with costs of prosecution on summary conviction before any justice of the peace for the North-West Territories notwithstanding such justice may be a member of the council or a ratepayer in the municipality interested in such prosecution ; and all such fines and penalties when recovered shall form part of the general fund of the municipality wherein the same is imposed. CO., c. 70, s. 284. INFRACTION OF BYL.iWS. PENALTIES. 285. The council of every municipality may pass bylaws Bylaws for inflicting reasonable fines and penalties not exceeding penalties $100 exjclusive of costs for breach of any of the bylaws of '"^ ° the municipality and for inflicting reasonable punishment by imprisonment either in the lockup house of the municipality 759 89 Cap. 70 MUNICIPAL s. 285 or in the nearest common gaol for any period not exceeding thirty days in case of nonpayment of the fine and costs inflicted for any such breach unless such fine and costs including the cost of committal are sooner paid ; except for breach of any bylaw or bylaws passed for the suppression of houses of ill- fame for which the imprisonment may be for any period not exceeding six months in case of the nonpayment of the fines and costs unless such fines and costs including costs of com- mittal are sooner paid. CO., c. 70, s. 285 ; 1900, c. 23, s. 5. ACTIONS AGAINST MUNICIPALITIES. Actions against municipalities Remedy over 286. In case an action is brought against a municipal cor- poration to recover damages sustained by reason of any ob- struction, excavation or opening in the public highway, street or bridge placed, made, left or maintained by any corporation or by any person other than a servant or agent of the munici- pal corporation the last mentioned corporation shall have a remedy over against the other corporation or person for, and may enforce payment accordingly of the damages and costg with any which the plaintiff in the action may recover against the municipal corporation : Provided nevertheless that the municipal corporation shall only be entitled to the said remedy over if the other corpora- tion or person shall be made a party to the action and if it shall be established in the action as against the other corpora- tion or person that the damages were sustained by reason of an obstruction, excavation or opening as aforesaid placed, made , left or maintained by the other corporation or person ; and the municipal corporation may in such action have the other corporation or person added as a party defendant or third party for the purposes hereof, if the same is not already a de- fendant in the action jointly with the municipal corporation, and the other corporation or person may defend such action as well as the plaintiff's claim as against the claim of the munici- pal corporation to a remedy over ; and the court or judge upon the trial of the action may order costs to be paid by or to any of the parties thereto or in respect of any claim set up therein as in other cases. CO., c. 70, s. 286. Tender or payment into court 287 . The council of any municipality upon any claim being made or action brought for damages for alleged negligence on the part of the municipality may tender or pay into court, as the case may be, such amount as they may consider proper compensation for the damages sustained and in the event of the nonacceptance by the claimant of such tender or the amount paid into court and the action being proceeded with and a verdict being obtained for no greater amount than the amount so tendered or paid into court the cost of suits shall be awarded to the defendants and set off against any verdict 760 Sched. MUNICIPAL Cap. 70 90 which shall have been obtained against them. CO., c. 70, s. 287. [388. Any municipality which has a municipal system of Supplying waterworks shall have power and authority to supply with of municipai- water any person or corporation outside the municipality and^ ^ may exercise all power necessary to the carrying out of any agreement for any term not exceeding five years with such person or corporation for the supply of water. Subject however to the provision that where such water is to be supplied in another municipality no pipes shall be carried in, upon, through, over or under any highway or public street, lane, road or passage within such other municipality without the consent of the council of such municipality and subject to the further provision that the right to supply water to such person or corporation shall cease upon any municipality theretofore or thereafter incorporated comprising the area within which such water is supplied undertaking to supply water to such person or corporation.] 1903 (2nd session) , c. 22, s. 4. SCHEDULE. FOKM A. Notice for Nomination at Elections. Notice. Municipality of Public notice is hereby given that a meeting of the electors •of the municipality aforesaid will be held at (description of iplace) on {day of week) the day of 1 , from ten of the clock until noon of the said day for the purpose of nomi- nating candidates for the offices of mayor {or reeve) and councillors for the said municipality for the next ensuing year. Dated under my hand at this day of 1 . G. H., Eeturning Officer. 761 91 . Cap. 70 MtrxiciPAL Sched. FOEM B. Polling jSTotice at Elections. Notice. Municipality of Public notice is hereby given to the electors of the munici- pality aforesaid that a poll has been granted for the election now pending for the said municipality and that such poll will be open on (here insert same day of ihe week as for nomination of the next follotoing week) the day of 1 from the hour of nine of the clock in the morning till five of the clock in the afternoon at (describe the polling station or as the case may be) in each of the following polling divisions that is to say : For the polling division No. 1 (or other designation,) con- sisting of (or bounded as follows or otherwise describing it clearly) at (describing the polling station and so continuing for all the other polling divisions and stations in the munici- pality) . And that I will at (describe the place) on (day of the week) , the day of 1 , at o'clock in the noon sum up the votes and declare the result of the election. Given under my hand at this day of 1 G. H., Eeturning Officer. 702 Sched. MUNICIPAL Cap. 70 92 a > S 60 a 'o f O v s o O OS Oh tM .to -p .s o H O P5 O o O O ;? •p o o Bull. Jones. Smith. Adam. Brown. Campbell. Hamilton. Perley. Richardson. Swinford. u s: I G ■fii t g 763 93 Cap. 70 MUNICIPAL Sched. FOEM D. Direction for Guidance of Voters. The voter will go into one of the apartments provided and with a pencil make a cross opposite the name or names on the right hand side of the ballot paper of the party or parties for whom he wishes to vote, thus X If the voter votes for more candidates than he is by law entitled to vote for his ballot paper will be void unless he discovers the fact before the same is deposited in the ballot box when he can obtain a new one from the returning officer. If the voter inadvertently spoils a ballot paper he can obtain a new one on satisfying the returning officer of the fact. If the voter places any mark on the ballot paper by which he will be afterwards identified his ballot paper will be void. The voter after he has made the cross X opposite the name or the names of the party or parties for whom he wishes to vote shall fold up his ballot paper so as to show the initials of the deputy returning officer on the back thereof but so as to. conceal the manner in which he has voted and shall deliver the same to the deputy returning officer and shall forthwith quit the polling place. 764 Sched. MUNICIPAL FORM E. Voters' List Cap. 70 94 h It U 6 c3 a, "3 :l s i o ll s« SO- TS o J3 m H o w d 1 g o CO o 1 1 765 95 Cap. 70 MUNICIPAL Sched. a ^ K O o3 O JO Sniqsod .10 ji.iaAi[ap JO a^vQ ■uoic^'Bxn^j rao.ij 'jdiitr) -xa iC'jjado.id jo sn\\ix "Cjuaiussasst; jo a^tfQ [ ■sSo(i •sSojj •sas.iojj •daaqg ■amRO 1 •^lun-Bj ui .laqnintt li?cjox •uoiSipH 1 ■ UOt'4'BA -i-jpio .laptin .laqninj^ •passassTj sa.ioiJ JO a:aqran[v[ ■uos -.lad ^\qv.xv.% jo aSy ■atnootti pai! /f ^.lado.id XTSuosjad ptn3 IDa.i JO cjnamssassB l^iox •araooni aiqT^x-ejL 1 v) 'A\0 ■ssa.ipp-B a.^i^po jsoj •li .1 ^ i ^ "^ b - •juaiUHsassu JO 'ojvj | 766; Sched. MUNICIPAL Cap. 70 96 FOEM G. Teansper of Latjd on Sale for Tases. I of the in the North-West Territories, secretary-treasurer of the muni- oipahty of , by virtue of the authority vested in me by The Municipal Ordinance to sell lands for arrears of taxes do hereby in consideration of the sum of dollars paid to me by of being the price for which the said land was sold at a sale by me on the day of 1 for arrears of taxes due on said land to the said municipality, transfer to the said all that piece of land being _ ,^ _ . In witness whereof I have hereunto set my hand and the seal of the said municipality this day of 1 Signed by the above named ^ in presence of j Affidavit of witness to be indorsed on transfer. CANADA. r 1 North-West Territories. [- I To wit : j , of (residence) in the North -West. Territories, (occupation) make oath and $ay : 1. I was personally' present and did see named in the within instrument who is personally known to me to be the person named therein, he being the secretary-treasurer of the municipality of duly sign and execute the -nithin instrument for the purposes named therein; 2. That the said instrument was executed at in the said Territories ; and that I am the subscribing witness thereto. .3. That I personally know the said and he is in my belief of the full age of twenty-one years. Sworn before me at in the North- West Territories this _ . day of 7g7- Annual statement of railway company to municipality and school district CHAPTER 71. An Ordinance respecting the Assessment of Railways. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : 1. Every railway company whose railway is not exempt from taxation shall annually transmit on or before the first day of February to the secretary treasurer of every municipality and to the secretary or other officer of every public school district through which the company's railway may run a state- ment to be signed by some authorised official of the company showing : 1. The quantity of land other than the roadway owned or occupied by the company which is liable to assessment ; 2. The quantity of the land occupied by the roadway. CO., c. 71, s. 1. Lands to be 2 . The secretary treasurer of such municipality or the secre- tary of the school district as the case may be shall communi cate such statement to the assessor of the municipality or school district as the case may be who shall assess the lands described therein as other lands within the municipality or school district and who shall deliver at or transmit by post to the nearest station or office of the company a notice addressed to such company stating the amounts at which the land of such company and the roadway and superstructure have been as- sessed. CO., c. 71, s. 2. Roadway and super- structure assessment Collection of taxes 3 . Whether such statement in section 1 of this Ordinance is pJaced in the hands of the assessor of any such municipality or school district or not, the assessor of every municipality or school district as the case may be shall assess the lands of such railway company and the roadway thereof and the superstruc- ture of such roadway and give such notice as is required by section 2 hereof : Provided that the roadway and superstructure thereon shall not be assessed at a greater value than $1,000 per mile. CO., c. 71, s. 3. 4 . Such taxes shall be payable to the municipality or school district as the case may be making such assessment and shall be collectable in the same manner as other taxes. CO., c. 71, s. 4. 7fta Cap. 71 ASSESSMENT OF RAILWAYS S. 5. 5. Railway companies shall not be liable for assessment in Exemption any school district or municipality in the Territories for the payment of any debenture indebtedness existing on the thirty- first day of December, 1892. CO., c. 71, s. 6. 769 CHAPTER 72. An Ordinance respecting Villages. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : SHORT TITLE. 1. This Ordinance may be cited as "The Village Ordinance." 1901, c. 25, s. 1. INTERPRETATION. Interpretation ■'Villag^e" "Coinmis- Sioner" "Overseer' 2. In this Ordinance unless the context otherwise requires — 1. The expression "village" means and includes any village now existing as such and any village hereinafter organized under the provisions of this Ordinance; 2. The expression "commissioner" means the commissioner of public works for the Territories; 3. The expression "person" includes corporation, joint stock company and partnership; 4. The expression "overseer" means the overseer of a village duly elected or appointed under the provisions of this Ordinance : ■Ratepayer 5. The cxpresslon "ratepayer" m«ans and includes: (a) For the purpose of the first election of an overseer and until the completion of the first revised assess- ment list, any person over the age of twenty-one years who has owned or occupied land within the village for a period of three months immediately prior to the date of such election; (b) After the completion of the first revised assessment list, any person over the age of twenty-one years whose name appears on the then last revised assess- ment list of the village and who has paid all taxes due by him to the village. [6. The expression "hawker" or "pedler" means and includes any person who (being a principal or any agent in the employ of any person) goes from house to house selling or offering for sale any goods, wares or merchandise or carries and exposes samples or patterns of any goods, wares or merchandise to be afterwards delivered within the Territories to any person not being a wholesale or retail dealer in such 770. "Hawker' " pedler" s. 5(5) VILLAGES Gap. 'i'l ^ goods, wares or merchandise; but shall not mean or include any person selling meat, fish, fruit, agricultural implements, sewing machines or farm produce by retail.] 1901, c. 25, s. 2 ; 1904, c. 7, s. 1. ESTABLISHMENT OF VILLAGES. 3. Whenever the commissioner is satisfied by such proof as N°'i« of he may require that any portion of the Territories comprising Stabiish an area not greater than twelve hundred and eighty acres no ^' ^^^ part of which is within the limits of a municipality contains not less than fifteen dwelling houses, he may cause notices to be posted up in three conspicuous places within such area one of which shall be the post of&ce therein if there be one that it is proposed to establish the same as a village after the expir- ation of thirty days from the date of such posting. 1901, c. 25, s. 3. [i. After the expiration of the said thirty days the Lieu- Establishment tenant Governor in Council may by order establish a village ° "' ''^^ comprising the said area or some portion thereof containing not less than fifteen dwelling houses, fix a day for the election of an overseer and appoint a suitable person to act as return- ing officer at such election. (2) The Lieutenant Governor in Council shall by the said order give a name to the village which may be the name of the post office therein, if any, or such other name as he may consider suitable and shall define the boundaries of the said village and may by any subsequent order change the name or alter t^e boundaries so given.] .1903, 2nd session, c. 23, s.l. OVERSEER. 5. The first election of overseer and all later elections shall Meet; be conducted as follows : 1. The returning officer shall by public notice posted in the post' office if there be one and in two other conspicuous places in the village at least one week uefore the election call a meeting of the ratepayers for the election of an overseer to be held on the day fixed therefor; 2. Election meetings shall commence at the hour of seven o'clock in the evening of the day appointed or if such be a Sunday or a holiday on the next following day which is not a Sunday or a holiday; 3. Nomination shall be made during the first hour of the meeting ; 4. Male ratepayers and no other person shall be eligible for election as overseer; B. When the time for nomination has closed — 771 ion or overseer 3 Cap. 72 VILLAGES s. 5(a) (a) If only one person has been nominated the returning officer shall declare such person to be elected over- seer ; (b) If more than one person have been nominated the returning oiBcer shall at once proceed to take the vote of the ratepayers present which shall be Uy open voting ; (c) The poll shall close at midnight unless prior thereto fifteen minutes shall have elapsed after any vote has been polled without any other vote being tendered in which event the poll shall close at tho expiration of said fifteen minutes. 6. Every person tendering his vote at the first election of an overseer shall before his vote is received make and sign before the returning officer a declaration in form A in the schedule hereto; 7. At subsequent elections of an overseer the returning officer shall satisfy himself that the name of every person who tenders a vote is entered on the then last revised assess- ment list of the village and that all taxes due by such person to the village have been paid; and to enable him so to do the overseer shall not later than six o'clock in the afternoon of the day of such election furnish him with a certified copy of such assessment list showing thereon the names of all rate- payers whose taxes are not paid in full; 8. The returning officer shall declare elected the nominee having the largest number of votes; 9. In case of an equality of votes the returning officer shall give the deciding vote but shall not vote otherwise. 1901, c. 25, s. 5. Penalty for 6. Auy pcrson wilfully making a false declaration as a "'*"'°° voter shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $25. 1901, c. 25, s, 6. Section °*^ 7. The returning officer shall make a return to the commis- sioner showing the result of the election and shall send therewith the declaration if any signed by the voters and his own declaration in form B in the schedule hereto. 1901, c. 25, s. 7. Overseers 8. The person elected as overseer shall within five days or such period as may be determined by the commissioner after the declaration of his election deliver to the returning officer the bond of sufficient sureties in form C in the schedule hereto with an affidavit of justification indorsed thereon or the bond of a guarantee company for $1,000 to be approved by the commissioner. 1901, c. 25, s. 8. 772 S. 13 VILLAGES Cap. 72 9. Until such bond is furnished the person elected shall overseer not not act as overseer. 1901, c. 26, s. 9. bondViven 10. If such bond is not delivered to the returning officer New election within the time mentioned in section 8 hereof he shall proceed t^rZtet to hold another election as soon as may be consistent with the giving of notice as herein provided. (2) At the election soto be held the person making default in delivering such bond shall not be eligible for election. (3) The previous election shall become void on the election of another person under this section. (4) Immediately on receipt of the bond the returning officer shall transmit it to the commissioner. (5) If a person" is elected overseer in the place of one who has failed to furnish a bond the provisions of this and the two preceding sections shall be observed and followed as if he had been elected in the first instance. 1901, c. 25, s. 10. 11. The first overseer elected in any village shall enter onOy'^s^f'stem his duties at once after furnishing his bond and shall hold office for the remainder of the calendar year in which he is elected and until his successor has furnished his bond. (2) The overseer elected at elections subsequent to the first election shall hold office for the remainder of the calendar year ensuing the furnishing of the bond required by section 8 hereof and until his successor has furnished his bond. (3) In case of a vacancy occurring in the office of overseer the commissioner may order another election or appoint an overseer for the unexpired term, in which latter case the commissioner may dispense with the overseer's bond other- wise required. (4) In the case of any failure on the part of the ratepayers to elect an overseer the commissioner may appoint such person as he may see fit as overseer of the village; and notice of the appointment of such person shall be published in the official gazette. 1901, c. 25, s. 11. 12. The commissioner may if he sees fit remove any over- R^^movai rf seer from his office and appoint an overseer in his. stead; and commissioner such last mentioned overseer shall have all the powers of the overseer and such other powers in regard to the conduct of the village affairs as may by the commissioner be deemed proper and necessary. 1901, c. 25, s. 12. 13. The election for overseer subsequent to the first shall Subsequent be held in each village on the second Monday in December in lvlr°"c° each year; and for the purpose of such election the overseer shall appoint in writing at least two weeks before the said date a returning officer; and should the person so appointed 773 5 Cap. 72 VILLAGES s. 13 decline or become unable to act the overseer shall forthwith appoint another in his stead. (2) The returning officer shall receive a fee of $3. (3) At the meeting for the election of an overseer and before the overseer is elected the retiring overseer shall present to the meeting a properly audited statement of the accounts of the village for the current year up to the date of such meet- ing. 1901, c. 25, S..13. nispufed i4_ Whenever the election of an overseer is disputed the election ^ ^ , -i- commissioner may upon the receipt of a complaint of any ratepayer verified by the solemn declaration of the complain- ant and tviTo other ratepayers and accompanied by a deposit of $25 investigate the matter and render such decision in and about the same as shall to him appear proper. (2) The decision of the commissioner shall be final and shall be observed and obeyed by all persons concerned. f3) Any person disobeying any such decision shall be liable on summary conviction thereof to a penalty not ex- ceeding $50. (4) After the commissioner has given his_ decision he shall make such disposition of the said deposit of $25 as to him shall seem meet. 1901, c. 25, s. 14. MEETINGS OF EATEPAYEHS. Annual meeting j^ ^jj auuual busluess meeting of the ratepayers shall be held in the village before the fifteenth day of April in each year ; which meeting shall be called by the overseer who shall give notice thereof for the period and iii the manner required for election meetings. 1901, c. 25, s. 15. ?tirc^!nt 16. The overseer shair at the annual village meeting submit to the ratepayers a statement of the estimated total expenditure of the village for the current year which shall include — (a) The amount payable in such year on any debt con- tracted hereunder; (b) The amount necessary to complete works in course of construction and necessary repairs to existing works ; (c) Drainage and street improvements; (d) Construction of sidewalks; (e) Fire protection and water supply; (/) Purchase of property for village purposes; (g) Scavenging; (h) Contingencies; 774 S. 20 ;VlI 7W: ■ 7 Cap. 72 VILLAGES s. 21 Assessment 21. The ovepseer shall forthwith after his election if he is the first overseer and in other cases immediately after the annual meeting assess all real and personal property in the village not exempt from taxation as hereinafter provided; and shall prepare an assessment list showing the name of each person assessed, the property in respect of which he is assessed and the assessed value. (2) The ratepayers may at the annual meeting instruct the overseer for the purpose of such assessment to use the assess- ment roll of any school district within or partially within the village limits in so far as the same is applicable. (3) If any property which should have been assessed has been omitted from the assessment list the overseer shall upon discovery of such omission if within one month from the mailing of a notice of such assessment as herein provided assess such property and make the necessary additions to the assessment list. 1901, c. 25, s. 21. Exemption» 22. The property exempt from taxation under the pro- visions of this Ordinance shall be — 1. All the property held by His Majesty or specially exempted by the Parliament of Canada or for the public use of the Territories; 2. All property held by or in trust for the use of any tribe of Indians; 3. Where any property mentioned in either of the two preceding clauses is occupied by any person otherwise than in an official capacity the occupant shall be assessed in respect thereof but the property itself shall not be liable; 4. The buildings and grounds to the extent of two acres of all schools organized under The School Ordinance and the personal property belonging to the same being used for school purposes; 5. Any building used for church purposes and not used for any other purpose for hire or reward and the lot or lots whereon it stands not exceeding one-half acre, except such part as may have any other building thereon; 6. Any land in use as a public cemetery not exceeding twenty-five acres; 7. The annual income of any person derived from any source ; 8. Grain, hay, household effects of every kind, books and wearing apparel; 9. The increase in the value of the land by reason of the annual cultivation thereof together with the growing crops or by reason of the cultivation of trees ; 776 assessment s. 25 (3) VILLAGES Cap. 72 10. All works constructed, operated and used in connection with irrigation ditches as well as ine ditches themselves operated under and subject to the provisions of The North- West Irrigation Act 1898: Provided however that should any such works and ditches be not operated during one year then such works and ditches shall not be exempt from taxation during the year following that in which said works were not operated; [11. Buildings used for hospital purposes and not for any other purpose for hire or reward by any institution now or hereafter designated by the Lieutenant Governor in Council to receive public aid under the terms and provisions of The Hospitals Ordinance and the lot or lots whereon they stand not exceeding two acres except such parts as may have any other buildings thereon. J 1901, c. 2-5, s. 22 ; 1903, 1st session, c. 20, s. 2. 23. The overseer shall upon completion of the assessment Notice ot list mail to or leave at the usual or last known place of abode """"""""" of each person assessed written notice in form D in the schedule hereto of the property in respect of which he is assessed and the amount; and shall make a note on the assessment list, opposite the name of each person stating the manner and date of giving notice. 1901, c. 25, s. 23. 2i. The overseer shall forthwith after the assessment makeoathof oath that such assessment was truly and honestly made and ^''"'^""''"' that the notices were given as stated in the assessment list; and such assessment list when verified by such oath shall be prima facie evidence that the assessment was duly made and that the notices were duly given. 1901, c. 25, s. 24. 25. Any ratepayer or person assessed may within fifteen Appeal trom days after the mailing or delivery of the notice appeal to a*''^"""'^" justice of the peace residing within the village or one resid- ing nearest thereto from such assessment; and the justice shall iix a time within two weeks from the last day for giving notice and a place for hearing appeals; and all appeals shall be determined within one week after the time fixed for hear- ing them; and the overseer shall amend his assessment if necessary in accordance with the decision of the justice. (2) Notice of appeal (stating the grounds thereof and the time and place fixed by the justice for hearing the same) shall be given in writing by the appellant to the overseer and any other person affected. (8) Any justice of the peace who shall hear an appeal as provided in this section shall be entitled to receive from the funds of the village payment for his services at the rate of $2 per day while engaged in hearing such appeals. 1901, c. 25, s. 25. 777 Cap. 72 VILLAGES S. 26 Rate of assessment Tax list Xotice of assessment when owner unknown Distress for taxes I debt ;. 26. After itlie assessment bas been dompkted and' the appeals, .if any, disf>t)sed of tH« overse6-r sHall strike; such a fate not exceedirig the amount mentioned in sections 20 or 36 respectively hereof as shall be sufficient to raise the amount of the estimated expenditure, making allowance for losses which may occur in the collection of taxes on the lands of non-residents: • ' - Provided that the taxes -of any persan assessed shall not be a less sum than one dollar. 1901, c. 25, s. 26. 27. The overseer shall then prepare a tax list in which he shall set down the name of every person assessed, th& assessed value of his property and the taxes payable- by him as.cbinputed at the rate arrived at, as hereinbefore provided; he shall then mail to or leave' at the last known place of abode of each such person a notice in form E in the schedule hereto, stating the amount due by him and the property in respect of which it is due ; the overseer shall make a note on the tax list opposite the name ,of each such person stating the manner and date of giving the notice and shall make oath that the tax list is correct and that the notices were given as therein stated; such oath shall be endorsed on the tax list and shall be prima facie evidence of the truth of the state- ments contained in it. (2) The overseer shall note on the tax list all pay)ments of taxes against the lands for which such, payments are made together with the date of such payments. 1901, c. 25, s. 27. 28. If the name of the owner of any property in the village be not known to and cannot be ascertained by the overseer, the notice of assessment and taxes shall be posted securely in the post office if any or if there be no post office then in a con- spicuous place in the village, and such posting shall be deemed due service. 1901, c. 25, s. 28. 29. In case any person neglects to pay his taxes for thirty days after such notice as aforesaid, the overseer shall by himself or his agent levy the same with costs by distress of the goods and chattels of the person who ought to pay the same wherever they may be found in the village or of any goods and chattels found on the premises the property of or in the possession of any other occupant of the premises; and may impound the same on the premises where distrained; and no claim of property, lien or privilege shall be available to prevent the sale or the payment of the taxes and costs out of the proceeds of the sale thereof. 1901, c. 25, s. 29. 30. Taxes may be recovered with costs as a debt due to the overseer in which case the production of the tax list verified by the oath of the overseer shall be prima facie evidence of the debt. 1901, c. 25, s. 30. 778 s. 84 VILLAGES Cap. 72 10 31.- The taxes accruing upon or in respect of any land in Taxes a the village shall be a special lien upon such land and havo "'"''"'' '"" priority over any claim, lien, privilege or incumbrance thereon. 1901, c. 26, s. 31. DOG LICENSE. 32.. Every person who keeps or harbours any dog or bitch do^ license shall pay a yearly license fee of $1 for each dog and $2 for each bitch so kept or harboured; which fee shall be payable on demand of the overseer ; and may be recovered in such mode herein provided for the collection of taxes as may be applicable; and if not paid after demand by the overseer he shall cause the dog or bitch to be destroyed. (2) Any. person refusing or neglecting to pay such license fee shall on summary conviction thereof be liable to a penalty of $2'. 1901, c. 25, s. 32. • ■ - . HAWKERS .AND PEDLERS. '' 33. No person shall follow the calling of a hawker or Hawkers' and pedler in any village without 'iirst having obtained thef;efns?s written permission of the overseer and having paid to such overseer the sum of $10 to form part of the village fund. - {2) .Such sum shall be in addition to any Territorial license fee and when such Territorial license fee is paid shall entitle the person paying the fee to follow the business of a hawker or pedler in such village for the remainder of the current calendar year. [(•3) No person occupying premises in any village who has not resided continuously in such village for a period of at least three months and who has not been and is not liable to be entered on the assessment roll for the village for the then current year shall offer goods or merchandise of any descrip- tion for sale by auction or in any other manner without first having paid to the overseer the sum of $25 to form part of the" village fund :] ■[Provided that the ratepayers at the annual meeting next following the payment of any such sum of $25 may by reso- lution authorize the overseer to return to the person .paying such sum if he is still a resident of the village all or such portion of such sum as may be declared by such resolu- tion.] 1901, c. 2.5, s. 33 ; 1903, 1st session, c. 20, s. 3 ; 1903, 2nd session, c. 23, s. 2. TRAVELLING COMPANIES. 34. The ratepayers may decide by resolution passed at the Licensing ■^ , . rt , -. "TT 1 * * 1 J showmen, etc. annual. or any other meeting of the village as herein provided that no .travelling theatre, concert or amusement company, 779 11 Cap. 72 VILLAGES S. 34 entertainer or showman shall hold any performance or exhi- bition in any village without having previously paid to the overseer thereof for the benefit of the village the license fee fixed at such meeting for which fee the overseer shall give a written receipt ; and if such company, entertainer or showman proceed to hold any performance or exhibition without having paid such fee the same may be levied by the overseer or any person authorized by him by distress and sale of any goods in possession of such company, entertainer or showman. 1901, c. 25, s. 34. BILLIARD TABLES. Billiard license 35. No porson shall have set up in any public room or hall in a village any billiard or pool table without [paying yearly] to the overseer for t^e use of the village the license fee following, that is to say: For a single billiard or pool table, $10 ; and for every additional table, $5 ; and any person guilty of an infraction of this section shall on summary con- viction thereof be liable to a penalty not exceeding $25. 1901, c. 25, s. 35; 1904, c. 7, s. 2. SINGLE TAX. menuys'lm" 36. If two-thirds of the total number of ratepayers in any village petition the commissioner therefor, the commissioner may order that the assessment in the village shall after a date to be fixed by him be limited to an assessment based upon the actual value of all lands in the village exclusive of the improvements thereon. (2) Such petition shall be accompanied by an affidavit of two ratepayers proving the signatures to the petition and that the persons who signed the same constitute two-thirds of such total number of ratepayers. (3) The fact of such order having been made shall be con- clusive evidence that a proper and duly verified petition was presented therefor. (4) In case such an order is made the rate to be struck by the overseer under section 26 of this Ordinance shall not in any year after the date so to be named by the commis- sioner .exceed two cents on the dollar of the assessment: Provided that the taxes of any person assessed shall not in any case be a less sum than one dollar. 1901, c. 25, s. 36. A ysessment tvery two years 37. In villages in which a single tax as provided in the next preceding section is ordered by the commissioner as herein provided, an assessment shall be made only once in every two years and notice of such assessment shall be given only at the time of completing a new assessment list : Provided however that during the interim between any two assessments the overseer may add new names to the 780 s. 40(4) VILLAGES Cap. 72 12 assessment list or change names when necessary to do so to provide for changes in the ownership of property entered on such list. (2) In cases where new names are added to the assessment list under authority of the preceding subsection, the pro- visions of sections 23, 24 and 25 of this Ordinance regarding notice, verification and appeal from assessment shall apply. 1901, c. 25, s. 37. VILLAGE EXPENDITURE. 38. The funds of the village shall be deposited in a Expenditure chartered bank or in any other bank agreed upon at the ^ "''"'''" annual meeting if there is no chartered bank in the village to IJie credit of the overseer in his official capacity; and shall from time to time be expended by the overseer by the issue of cheques against such bank account for the purposes of and in accordance with the estimates approved at the annual meeting subject to such further directions as may at any special meeting be made regarding the same. 1901, c. 2B s. 38. 39. The overseer may incur any debt not exceeding $100 pver.eer may for any of the purposes specified in the estimated expenditure debTpend'n^ approved at the annual meeting pending the collection of uLef '"" °' taxes ; but all debts shall subject to the provisions herein con- tained be paid before the second Monday in December in each year. 1901, c. 25, s. 39. 4-0. On petition of a majority of the resident ratepayers Liability the signatures to which petition shall be verified by statutory commis»foner declaration the commissioner may authorize the overseer to f°p?ov?ments incur a debt on behalf of the village not exceeding $1,000;°"?^*'°" but the amount of any such debt shall not in any case exceed ten per centum of the total value of property in the village as shown by the then last revised assessment list. (2) The sum so authorized shall be expended on permanent improvements in the village; and shall be fully repaid within ten years from the date of contracting said debt; and the moneys payable in each year on any such debt shall be a first charge on the taxes collected in the village during such year. 1900, c. 25, s. 40. (3) The sum so authorized shall be repaid in equal annual sums and a proper debenture or debentures therefor shall be signed by the overseer in form F in the schedule hereto. [(4) On petition of a majority of the resident ratepayers the signatures to which petition shall be verified by statutory declaration the commissioner may authorize the overseer on behalf of the village to enter into a contract with any person or corporation for the supply of water to the village by 781 13 Cap. 72 VILLAGES S. 40(4) means ' of , irrigation canals or otherwise : in such quantities -and upon such; terms as in the petition set oilt and/ for the purpose of handling and distributing such water to eniploy a watermaster who shall be under, the direction of and responsible to the overseer for the time being.] ^ 1901, c. 25, s. 40; 1903, 1st session, c. 20, s. 5. Authorization ( commissioner conclusive evidence ' [40a. The authorization of the' commissioner authorizing the overseer to incur a debt on behalf of the village shall when given be conclusive" evidence that the village has been legally erected and that all the formalities m respect,of ^such "petitic^n, authorization or cfebt have been complied with; and after' such authorization has bb'en .signified by the' cbmmrs- ^\sioner in' w'riting tlje validity of siach petition, aijtttiorijiatioh Or debt, shall -not be questioned by any' Court- in the' Territories but such debt shall subject to the provision's of section 40 of 'this Gfdinance be a valid charge against ihe i*evehues of the village.] ' 1904,' e. 7, ^"3. ' \''''/ T^'' ' ■' '^■''^''- - -' r-^Mr^ ^.tM'^-T Commissioner may appoint inspector '41. The comriiissione'r may appoihf'such'pej'S'b'rL'&r p'tobte as he may see fit to inspect and report on the condition of any a,nd all improvements in the village, the tools, implements or '■other properfy" crWhed- -By the -^Hiaf^e;- artd'to atfdit'-'tce books of the oversfer of the village. ''¥901'^ t. 25,''s. 41/ -^ ''\' ' ' Commissioner may authorize acquisition ot recreation grounds, etc., on petition "^^ is. On 'petition of a. "majority bf the resident ratepajfers "the commissioner may authorize' the overseer put df ^the'/funds of the village to acquire on behalf of the village by purchase or lease suitable grounds for recreation purposes or for the purpose of .depositing 'garbage or other 'r,ef use of th& village. 1901, c. 25, s. 42. • ■ ^ .--::'■ -:; Commissioner may authorize acquisition of cemetery 43,. The commissioner may authorize .the overseer out of the funds qf; tiie. 'village to acquire 'on behalf of the yillage by purchase or lease the land required for cemoiery purposes. (2) The ratepayers may at the annual meeting of the village or at any special meeting called for the purpose adopt rules and regulations hot inconsistent with the provisions of The Cemeteries Ordinance for the control and management of the cemetery, acquired by the village. 1901, c 25, s. 43. SUITS BY OR AGAINST VILL.VOK. Suits by or against village 44. ■ Suits by or against the village may be brought, by or against the overseer as representing the village. 1901, c. 25, s. 44. ofjud^'en"' ■ *^- ^^ *^^ '^^^^^ °^ judgment being obtained against the against village oversecr for any . liability ^ of .the . viillage execution May issue atid be enferced by executionrat© levied by^the .sheriff in the 782- s. 46(12) .-VILLAGES Dap. 72,' 14 manner provided for. execution: against, a nnmicipality in The Municipal Ordinance. 1901, c. 25, s. 44. ■' . : ."..■ ;:; ^'j ovebseer's duties and. powers. ;-. 46..;jrhe, overseer shall have the following duties and pi"^;" ^f powers : overseer I. He ' shall carry out the orders of the ratepayers in respect of public works and expenditure of village funds and such .general ■ order's, consisteilt with the provisions of this Ordiii-anCB as may be given .^upon,ma,tters concerning the village; , ■ ' : '-2. He sh air enforce the provision* of this- Ordinance and all regulations made' thereunder ; ' ' j'' "' '''--'-I 3. He shall make such regular inspection of premises in the village as may be necessary to carry out the provisions herein respecting, nuisances and the prevention of disease and tire; . i ^ i; ; , , ^ ■; . j 4. He shall have charge of all village property ; . 5. He shall keep a record of all taxes levied and collected and of all monies received and expenditures made by him and shall give and take proper receipts for all money received or paid as the case may be; 6. He shall keep the books and accounts of the village open for the inspection of the ratepayers at axi reasonable hours upon their giving him timely notice; 7. He shall ; keep or cause to be kept full and accurate minutes of each village meeting other than election meetings which minutes shaii record the names of the movers and seconders of all motions and state whether such motions were carried or lost; 8. He shall have the public improvements directed to be made in each year completed before the first day of November in such year; 9. He shall on application in reasonable hours produce to the auditor for inspection all books, accounts, minutes, lists and other records of the village ; 10. He -shall impound or cause to be impounded animals, unlawfully running at large; II. He shall have .the powers of a constable in enforcing the provisions of this Ordinance ; '. [12. The overseer of every' village shall for the purposes of The'P-ublicHyeaUhOrdimince be a sahitai^y inspector and shall have .all the powers and duties of a sanitary inspector under -the .said last mentioned Ordinance within the village.] 1901, -0.^261, s. 46;1903,-2ttd session, c.^23, s. 4. ■ 783 15 (Jap. T2, VILLAGES s. 47 Annu, by ov al return rseer Return ot unpaid taxes ANNUAL RETURNS OF OVERSEER. 47. The overseer shall on or before the first day of Decem- ber in each year render the commissioner a return in writing showing — (a) Amount of money collected and by whom paid; (b) The amount expended and for what purposes show- ing balance on hand; (c) The outstanding liabilities if any of the village; (d) The names of all those who have been convicted for a breach of this Ordinance or of any of the regula- tions made hereunder in his village, stating the penalty imposed and the name of the convicting justice; (e) A copy of the auditor's report. (2) The overseer shall transmit a copy of such return xo the ratepayers as hereinbefore provided and also at the annual meeting. 1901, c. 25, s. 47. 48. The overseer of every village shall in the first fifteen days of January in each year make a return verified by his solemn declaration to the commissioner in such form as may by the commissioner be from time to time prescribed showing all lands in the village upon which taxes have not been paid together with the years for which such taxes are due. (2) The returns shall for all purposes be prima facie evidence of the validity of the assessment and imposition of the taxes as shown therein and that all steps and formalities prescribed by this Ordinance have been taken and observed. 1901, c. 26, s. 48. Sid''reTu''rn°" °^ ^'^' ^^ application by the Attorney General of the Terri- tories or some advocate authorized by him to a judge of the Supreme Court in chambers such judge may appoint a time and place for the holding of a Court for confirmation of the return mentioned in the preceding section notice of which shall be published in every issue of the of&cial gazette for two months and once each week for at least eight weeks in a local paper published in the village or if there be none published in the village then in a local paper published in the district to be named by the commissioner. (2) A notice of the time and place fixed for confirmation of such return shall be sent by mail at least sixty days prior to the time so fixed to each person who appears by the records of the proper land titles ofiace or by the said return to have any interest in the lands mentioned in said return in respect of which confirmation is desired and whose post office address is shown by said records or return; and the 784 s. 51 VILLAGES Cap. 72 16 entry against such lands of the date of mailing such notice together with the initials of the clerk of the local improve- ment branch of the Department of Public Works shall without proof of the appointment or signature of the said clerk be prima facie evidence that the required notice has been mailed. 1901, c. 25, s. 49. 50. At the time and place so appointed the judge shall Hearing hear the application and also any objecting parties and the coTfi™a?"on"' evidence adduced before him; and thereupon adjudge and determine whether or not the taxes imposed respectively upon each parcel of land included in the return were either wholly or in part in default; and report the adjudication to the said Attorney General; and shall also confirm the return as to those parcels on which any taxes are determined to be in arrears for over two years naming the amounts severally and adding thereto a reasonable amount for the expense of advertising together with such sum as he may fix for costs of the application; and the effect of such adjudication shall be to vest in the Crown for the public use of the Territories the said lands subject however to redemption by the owners respectively of the said lands at any time within one year from the date of the adjudication by payment to the com- missioner of the amounts named including expenses as afore- said together with a redemption fee of $1 for each and every parcel so redeemed and any subsequent taxes paid by the commissioner. (2) For the purpose of this section all taxes shall be held to be due on the first day of January of the calendar year within which the same are imposed. (3) In the event of any person successfully opposing con- firmation of the said return as to the land in which he is interested the judge may order an allowance to him as witness fees to be paid by the commissioner. (4) A copy of such adjudication certified by the commis- sioner shall be forwarded to the registrar of the land regis- tration district in which the lands named in the adjudication or any of them are situated and such copies shall be notice to the public of the facts therein contained. 1901, c. 25, s. 50. 51. If any person interested in any parcel of land con- AM,en overdue tained in the return presented to the judge for confirmation tewTppiica- as provided by section 49 of this Ordinance pays the taxes ''°"flrmation upon such lands before the date fijced for confirmation of such return but after such date has been fixed he shall in addition to the amount of taxes shown by such return to be overdue pay the sum of $1 for each parcel of land to cover the costs of application to the judge and advertising and postage in connection with such proceedings; and any sum HH 785 17 Oap. 72 VILLAGES s. 51 so paid shall form part of the Territorial revenue. 1901, o. 26, s. 61. I'aif/to'vest^" 62. At any time after the expiration of the year last in crowA named on ex parte application by the Attorney General or an advocate appointed by him and production of the last named adjudication together vi^ith the certificate of the com- missioner showing that the land has not been redeemed the judge by order in chambers may direct that the title to such of the land named in the adjudication as has not Kjon redeemed by or on behalf of the owner be absolutely vested in His Majesty freed from all liens, mortgages and encum- brances of whatever nature or kind the same may be. 1901, c. 26, s. 52. ^^'hen 53. go soon as the return of the overseer has been con- coinmissioner to pay taxes firmed the commissioner shall pay to the overseer the amount of taxes adjudged in arrears on each parcel of land deducting therefrom any charges he may have been required to pay; and thereafter yearly while owned by His Majesty the said land shall be assessed in the name of the commissioner who shall pay taxes as if the land were assessed to an ordinary individual. 1901, c. 26, s. 53. ANIMALS RUNNING AT LARGE. iar"eof *' 64. Tho ratepayers may at any meeting make a regulation animals may that animals or poultry shall not be permitted to run at large in the village or in any part thereof in or during any period of the year. (2) Whenever the ratepayers have made such regulation no animal shall be permitted to run at large in the village contrary to the provisions of such regulation; and it shall be the duty of the overseer to act as poundkeeper or appoint a poundkeeper whose duty it shall be to keep and maintain a pound in the village for the impounding of estray animals or poultry of the description aforesaid. (3) In so far as they are not inconsistent herewith the provisions of The Pound District Ordinance shall apply and be followed and observed in all respects as if such village were a pound district under the said Ordinance, except that the fees payable under this section to the poundkeeper for the care and sustenance of each animal impounded for 6i).'.',li day such animal is impounded shall be as follows: For each stallion or bull thirty-five cents; For each horse, mule, jack, head of cattle or swine, twonty- five cents; For each sheep or goat, ten cents; For each head of poultry, two cents. 786 itions s. 55 (2) VILLAGES Cap. 72 18 (4) The overseer shall when any such regulation is made as provided in this section notify the commissioner of agri- culture of the same and give the name of the poundkeeper appointed by him. 1901, c. 25, s. 54. PREVENTION OF DISEASE. 55. For the prevention of disease the following regulations Reguiatk shall be observed in each village : SX^se"''"" 1. Privy pits shall be emptied and disinfected with lime between the first day of April and the fifteenth day of November in each year; 2. No privy pit shall be allowed to become offensive at any time ; 3. No privy pit shall be within fifty feet of any well; 4. Where dry earth closets are ordered by resolution of a village meeting no privy shall be used; 5. No person shall deposit or cause to be deposited in any place other than a stable yard any manure, filth, rubbish or decaying animal or vegetable matter; 6. Stable yards shall be cleaned during the first week of every month from the first day of May until the seventh day of November in each year; 7. All garbage, swill, slops, and other rubbish shall be placed in suitable receptacles and removed regularly every week between the first day of May and the first day of November in each year; 8. No stable yard shall be allowed to become offensive at any time because of decaying animal or vegetable matter; 9. No swine shall be kept except in pens at least one hun- dred feet distant from any occupied house or place of business ; 10. Swine pens shall be kept dry and free from offensive odour ; 11. Foul water shall not be allowed to accumulate on any property ; 12. No slaughter house shall be erected within the village except by authority of a resolution passed at a meeting of tlie ratepayers. (2) Any person contravening any of the provisions of this section shall be guilty of an offence and liable on sum- mary conviction thereof to a penalty not exceeding $10. 1901, c. 25, s. 55. 787 19 Cap. 72 VILLAGES s. 56 PREVENTION OF FIEE. ^relel.ucn"''^^'' ^^- ^°^' ^^^ prevention of fire the following regulations of fi""*^ shall be observed in each village : 1. No person shall keep on any premises a larger quantity of gunpowder or other explosive than twenty-five pounds unless it be stored at least one hundred feet from any build- ing; 2. No person shall keep on any premises a greater quantity of kerosene than five barrels thereof unless it be stored at least sixty-six feet from any building; 3. No person shall have or erect on any premises any building built in whole or in part of manure, hay or straw or place on the roof of any building any manure, hay or straw unless such building be at least one hundred feet dis- tant from any other building in which a fire is ever kindled; 4. No person shall have any stack of grain, hay or straw on any premises within one hundred feet of any building in which a fire is ever kindled; 5. No person shall enter any stable or barn with any candle or lamp not enclosed in a lantern or with a lighted pipe, cigar or cigarette; R. No person shall set out fire within fifty feet of any building : Provided that any blacksmith may build a fire within fifty feet of his shop for the purposes of his trade; 7. No person shall deposit ashes in any wooden container unless it be lined with metal; 8. All ovens and furnaces shall be properly connected with a chimney of brick, stone or concrete at least three feet higher than the building in which such oven or furnace is built ; 9. There shall be a space of at least nine inches between any stovepipe and any partition or fioor through which it passes unless such stovepipe be surrounded in such partition or floor by a thimble of brick, cement or concrete at least two inches in thickness and of the full depth of such partition or floor; and every such stovepipe shall De inserted into a chimney of brick, stone or concrete; 10. At least twelve inches shall intervene between any stove in use and the partition or wall nearest thereto; 11. Every proprietor or occupant of any house more than one storey high with a roof having a pitch greater than one foot in three shall keep a ladder on such roof near the chimney thereof. (2) Any person contravening any of the provisions of this section shall be guilty of an offence and liable on summary 788 s. 58 (4) VILLAGES Cap. 72 20 conviction thereof to a penalty not exceeding $10. 1901 c 25, s. 56. REMUNERATION OP OVERSEER. .emuneration 57. The remuneration of overseer shall be fixed at then annual meeting but shall not be more than $100 nor less than"''""'"'"'"' $16; together with 2^ per centum of all taxes collected by him; and the overseer may retain his said remuneration at the expiration of his term of office out of the moneys then in his hands. [(2) The remuneration of; any watermaster employed under the provisions of this Ordinance shall also be fix;ed at the annual meeting, but in the event of his employment being authorized by the commissioner in any year subsequent to the annual meeting, the remuneration of the vi^atermaster for the balance of such year shall be fixed by the overseer with the approval of the commissioner.] 1901, c. 25, s. 56; 1903, 1st session, c. 20, s. 6. AUDIT, ETC. 58. At the expiration of the term of ofiice of any overseer ^udit of or upon his ceasing to hold office for any cause or at any °^'^'^^"^ ^°°^^ other time that the commissioner may direct all books, accounts, records, lists, vouchers, moneys and other property of the village shall be examined by an official auditor appointed under the provisions of any Ordinance or by some qualified person appointed by the commissioner and handed over to the successor in office of such overseer ; and the auditor shall make a full report of his examination and audit of all such books, accounts, records, lists, vouchers, and moneys transmitting one copy thereof to the commissioner and hand- ing a second copy to the overseer to be presented to the rate- payers. (2) For the purpose of such examination and report it shall be the duty of the auditor to — 1. Compare the overseer's statement with that of the previous year to see that the proper balances are carried forward ; 2. Compare the balance on hand as shown by the overseer's books with the balance in overseer's bank book and satisfy himself as to that balance being in bank at date of the audit ; 3. Compare the revised assessment roll and tax list with the overseer's statement of taxes received and taxes outstand- ing in respect of the year's assessment; 4. Eeport the proof advanced by the overseer of the correctness of the statement of receipts from dog licenses, hawker, pedler and billiard licenses, travelling entertainers, fines and other sources of revenue; 789 21 Cap. 72 VILLAGES s. 58 (5) 6. Ascertain whether authority existed for each payment made and obligation incurred and report particula,rs of any expenditure rnade by the overseer without authority of the annual meeting; 6. Examine all vouchers and report all payments made for which detailed statements of account and receipts for payments have not been produced by the overseer; 7. Ascertain the correctness of the overseer's inventory of village assets. 1901, c. 25, s. 58. OFFENCES AND PENALTIES. Penalties Real eitate to be vested in commissioner 59. Any overseer after accepting office neglecting or refusing to render a true and correct account as and when required herein or refusing or neglecting to hand over to his successor in onice any property of the village as directed by the foregoing section shall be guilty of an offence and shall be liable on summary conviction thereof to a penalty not exceeding $50. (2) Any overseer after accepting office neglecting or refusing to discharge any other duty under this Ordinance shall be guilty of an offence and liable to a penalty not exceeding $25. (3) Any person contravening any provision of this Ordinance for which contravention no penalty is therein provided or any judgment, order or regulation given or made under this Ordinance shall be liable on summary conviction thereof to a penalty not exceeding $25. (4) Fines imposed for the contravention of this Ordinance or of any regulation made hereunder shall be paid to the overseer to form part of the village funds. 1901, c. 25, s. 69. TITLE TO EEAL ESTATE. 60. The title to any lands purchased or otherwise acquired on behalf of any village shall be vested in the commissioner who shall hold the same for the purposes of the village. 1901, c. 25, s. 60. RULES AND REGULATIONS. The commissioner may from time to time prescribe The commis- A1 sioner mav ' i/ — -- -- x make rules, etc. such rulos, rcgulations and forms as maybe deemed necessary for the proper carrying into effect of the provisions of this Ordinance. 1901, c. 26, s. 61. 62. (Repealed) 1903, 2nd session, c. 23, s. 3. 790 Sched. VILLAGES Cap. 72 22 NOTICE OP MEETINGS. 63. Any notice required by this Ordinance for calling P"'?'''^^''"" °f meetings may be published in any newspaper published jn""'"" the village in adaiuion to being posted as elsewhere provided herein. 1901, c. 25, s. 63. SCHEDULE. FOEM A. I, A. B., hereby declare that I am of the full age of twenty- one years and have owned or occupied land within the village of for a period of at least three months immediately prior to the date of this election. FOEM B. Village of I returning officer for the village of make oath that the record of votes hereto attached signed by me is a true record of the votes given at the election of an overseer for the said village held on the day of 1 , when was duly elected overseer of the said village. Sworn before me at 1 this day of 1 FOEM C. Know all men by these presents that we of and of are held and firmly bound unto His Honour the Lieutenant Governor of The North-West Territories each in the sum of three hundred dollars of good and lawful money of Canada to be paid by each of us to the said Lieutenant Governor for which payment well and truly to be made we severally bind ourselves and our respective heirs. 791 23 Cap. 7'2 villages Sched. WHEEEAS under the provisions of The Village Ordinance was on tJie day of 1 duly elected to the office of overseer of the village of Now the condition of this obligation is such that if the said shall at all times until his successor in such office is duly appointed according- to law, keep, fulfil, observe and comply with all and every provision of the said Ordinance to which the said as such overseer is or shall be subject; and truly and faithfully whenever required by law so to do render account and delivery of all moneys and property of any nature which may or but for the default of the said would have come into his hands as such overseer; and if the said in all respects faithfully performs his duty as such overseer in said village, then this obligation shall be void but other- wise shall remain in full force and virtue. Dated the day of 1 Signed, sealed and delivered in } [Seal] the presence of J [Seal] Affidavit op Justification to be Indorsed on Bond. We, and the sureties in the within bond named, do severally make oath and say as follows : 1. I, the said for mysexi say that I am worth property situate in the North-West Territories to the value of three hundred dollars over and above what will pay all my just debts and over and above the exemptions allowed by law; 2. And I the said for myself say that I am worth property situate in the North-West Territories to the value of three hundred dollars over and above what will pay all my just debts and over and above the exemptions allowed by law. The above named \ and were I severally sworn before me at \ this j day of 1 I N.P. or J.P. 792 Sched. VILLAGES Cap. 72 24 FORM D. Village of NOTICE OF ASSESSMENT. To Take notice that you have been assessed the sum of $ in respect of the following property for the year 19 Lot Block $ Stock $ Dog tax $ Total amount of assessment $.... Dated at this day of 19 Overseer Mailed (or delivered) at this day of 19 Overseer. FORM E. Village of STATEMENT AND DEMAND FOB TAXES. To Taxes on the undermentioned property are now due from you for the year 1 to the amount stated hereunder. AMOUNT OF RATE OP AMOUNT OP ASSESSMENT. ASSESSMENT. TAXES DUE. Lot Block $ Stock Dog tax Total amount of taxes due $ Dated at this day of 1 Overseer. Unless above taxes are paid within thirty days from date hereof, the same will be levied with costs by distress in accordance with the provisions of The Village Ordinance in that behalf. 793 25 Cap. 72 VILLAGES FOEM F. Sched. CANADA: ^ North-West Territories /. Village of Debenture No. Tlie village of promises to pay to the bearer at the Bank of at the in the Canada, the sum of dollars of lawful money of Canada in equal annual instalments with interest at the rate of per centum per annum in the manner specified in the coupons attached hereto. Dated this day of A.D. 190 For the said village, Overseer. Approved, Commissioner, Public Works, N.W.T. Debenture No. will pay to the at Coupon No. $ The village of bearer at the on the day of 19 the sum of dollars being the payment of interest with the total interest at the rate of per centum per annum due on that day on debenture No. Overseer. (Similar coupons to be attached for each of the other payments of principal and interest due.) 794 CHAPTER 73. An Ordinance respecting Local Improvement Districts. rriHE Lieutenant Governor by and with the advice and con- -■- sent of the Legislative Assembly of the Territories enacts as follows : SHORT TITLE. 1. This Ordinance may be cited as "The Local Improve- short me merit Ordinance" and shall commence and take effect on and commence- from the first day of January, 1904. 1903, 2nd session, c. 24, """' s. 1. INTERPRETATION. 2. In this Ordinance unless the context otherwise requires — interpretation 1. "Commissioner" means Commissioner of Public Works; 2. "Department" means the Department of Public Works for the Territories; 3. "Local improvement branch" means the local improve- ment branch of the department; 4. "Clerk of the local improvement branch" means the clerk in charge of that branch of the department; 5. "District" means a district constituted under the pro- visions of this Ordinance; 6. "Division" means a division of a district; 7. "Large district" means any large local improvement district constituted under the provisions of this Ordinance; 8. "Outlying area" means any portion of the Territories no part of which is within a municipality, village or district ; 9. "Council" means a council of a district; 10. "Councillor" means a member of any district council and includes the chairman of the council; 11. "Secretary" means the secretary of a council and includes any person for the time being appointed by such council to perform the duties of secretary, treasurer or secre- tary-treasurer ; 12. "Elector" means a person qualified to vote at any election under this Ordinance; 795 2 Cap. 73 LOCAL improvement districts s. 2 (13) 13. "Owner" includes any person who has any right, title or estate whatsoever or any interest other than that of a mere occupant in any land; 14. "Occupant" includes the inhabitant occupier of any land or if there be no inhabitant occupier the person entitled t6 the possession thereof and the leaseholder or holder under agreement for lease and holder under agreement for sale and any person having or enjoying in any way or for any purpose whatsoever the use of land; 16. "Eatepayer" means any owner or occupant over eighteen years of age of land in any district; 16. "Resident" means any owner or occupant of land over eighteen years of age residing in any area proposed to be organised or established as a district; 17. "Taxable person" means any person who may be taxed in respect of ownership or occupancy of any land; i8. "Land, ' "lands" or "real property" includes lands, tenements and hereditaments and any estate or interest therein; 19. "Public notice" or "published' means a notice pub- lished in some newspaper issued in or near the area within which notice is to be given or by written or printed placards containing the nonce affixed to public places within the area : In cases where notice is required to be given of any document or its contents it shall be sufficient if the notice sets forth the object, purport or general effect of the document ; 20. "Prescribed" means prescribed under or by this Ordinance or by any regulation or resolution made under its authority ; 21. "Gazetted" means published in the official gazette; 22. "Person" includes corporations, joint stock companies and partnerships; 23. "Year" means the calendar year. 1903, 2nd session, c. 24, s. 2. CONSTITUTION OP DISTRICTS. Constitution 3- The Lieutenant Governor in Council may by order — of districts 1. Constitute a district which shall comprise an area of not less than 108 nor more than 216 square miles and contain a resident population in the proportion of one resident to each two square miles; 2. Describe the boundaries thereof and assign a name and number thereto in accordance with the provisions of this Ordinance ; 796 S. 8 LOCAL IMPROVEMENT DISTRICTS Cap. 73 3 3. Determine of how many members the council thereof shall consist; 4. Sever any portion of a district from such district and constitute the same a separate district or annex the same to any other district with which the same forms one continuous area and from time to time make any apportionment of property rights and liabilities and give any directions as to any matters and things that may be necessary; 5. Annex to any district an outlying area forming one continuous area with such district; 6. Subdivide or resubdivide any district; 7. Alter the boundaries of or abolish the divisions of any district ; 8. Alter and adjust the boundaries of coterminous districts and determine any questions arising out of such alterations or adjustment; 9. Constitute any area within a district or village under the provisions of The Village Ordinance; 10. Settle and adjust any rights, liabilities or matters which in consequence of the exercise of any of the foregoing powers require to be aajusted. 1903, 2nd session, c. 24, s. 3. [4. The Lieutenant Governor in Council may constitute Conditions for -iiTi • ei_^J.^^ Ao constitution any district which shall comprise an area oi not less than lUo of districts nor more than 216 square miles and contain a resident popu- lation in the proportion of one resident to each three square miles on receipt of a petition as hereinafter provided.] 1904, c. 8, s. 2. 5. Every petition for the constitution of a district shall be Requisites ot in the form prescribed by the commissioner and signed by""" at least twenty-five residents each of whom is the owner or occupant of ratable land therein. 1903, 2nd session, c. 24, s. 5. Vtrificatian ot ure 6. Every signature to any petition shall be verified by the V^;^^,'- solemn declaration of some person signing such petition. 1903, 2nd session, c. 24, 6. 6. 7. Every petition shall be accompanied by the solemn Declaration^^ declaration of a resident of the district showing approxi- p^tttToT''^"- mately the number of residents in such district. 1903, 2nd session, c. 24, s. 7. 8. If within one month after the receipt of the petition no O'^^^^^^ohe sufficient cause shall be shown against the exercise of any objection such power as aforesaid the Lieutenant Governor in Council may exercise such power. 1903, 2nd session, c. 24, s. 8. 797 Cap. 73 LOCAL IMPROVEMENT DISTRICTS s. 9 o/cr'r''n'i°" ^' ^^y ^^^°^ made in any Order under this part of this order Ordinance may be rectified by the Lieutenant Governor in Council by any subsequent Order. 1903, 2nd session, c. 24, s 9. Order not invalid for irregularity 10. No Order purporting to be made under this Ordinance shall be deemed invalid on account of any failure of any of the conditions or any noncompliance with any of the matters required by this Ordinance as preliminary to such Order and no misnomer, inaccurate description or omission in any such Order shall in anywise suspend or impair the operation of this Ordinance with respect to the matter or thing so mis- named, misdescribed or omitted. 1903, 2nd session, c. 24, s. 10. DISTEICT COUNCILS. Council for district 11. Every district shall be governed by a council ccmposed of not more than six and not less than three members, one of whom shall be elected from each of the divisions of the district which may be made by the Lieutenant Governor in Council. 1903, 2nd session, c. 24, s. 11. QUALIFICATION OP MEMBER OF COUNCIL. Sundiior'"" °^ [-^'^- Every person of the age of twenty-one years who is the owner or occupant of ratable land within the division and is not under any of the disabilities hereinafter specified shall be qualified to be elected and to act as a member of the council of the district. In case any councillor elected is not a resident of the district he shall not be entitled to mileage in attendance at meetings of the council for any distance travelled by him beyond the limits of the district. J 1904, c. 8, s. 3. COUNCILS. 13. No person who — Disqualification L Is coucemed or participates in the profit of any contract with the council; or 2. Has been convicted of any criminal offence subject to imprisonment for three years or more; or 3. Is undergoing a sentence of imprisonment; shall be capable of being or continuing a member of council : Provided that nothing herein shall disqualify any person from being or continuing a councillor solely because he is concerned or participates in a transaction with tho council in respect of — 1. A lease, sale or purchase of lands; or 2. An agreement for such lease, sale or purchase; or 798 S. 15 b LOCAL IMPROVEMENT DISTRICTS Cap. 73 6 ' 3. An agreement for the loan of money or any security for the payment of money ; or 4. A contract entered into by any incorporated company for the general benefit of such company; or 6. A contract for the publication of any advertisement or advertisements in a public newspaper. 1903, 2nd session, c. 24, s. 13. 14. The office of a member or chairman shall be vacated — How office vacated 1. If he is, or has become disqualified or has ceased to be qualified, under the provisions of this Ordinance; or 2. If he has been absent from three or more consecutive meetings of the council; or 3. If he is ousted from his office by order of a judge of the Supreme Court. 1908, 2nd session, c. 24, s. 14. RETIREMENTS OR VACANCIES. 15. Any member or chairman may resign his office by designation ot ...T,.,, ^ ^ ^ member writing under his hand addressed to the secretary of the council and such resignation shall be complete from the time when it is received by the secretary. 1903, 2nd session, c. 24, s. 15. [15a. Whenever the residents of any division of a district gj"^'^;^"^^^ constituted under this Ordinance neglect or refuse to elect a=»pp°'"' " councillor councillor the Lieutenant Governor in Council may appoint some one to act as councillor in such division.] 1904, c. 8, s. 4. pSfj. The Lieutenant Governor in Council may appoint an Lieu^tenant _^^ official councillor to conduct the affairs of one or more appoint official divisions of a district and such official councillor shall have """""' °^ within the division or divisions for which he is appointed all the powers and authorities of a councillor conferred by this Ordinance and in all proceedings of any council meeting shall have one vote for each division represented by him and the Lieutenant Governor in Council shall make such order as he may see fit for the remuneration of such official councillor by the council out of the funds of the division or divisions represented by him and upon the appointment of any such official councillor any councillor who may have been previously elected shall cease to hold office as such. In case the official councillor is appointed for all the divisions of a district he shall have all the powers granted to a council under this Ordinance.] 1904, c. 8, s. 4. 799 6 Cap. 73 LOCAL improvement districts s. 16 OUSTER OF OFFICE. order°ofjudge ^^- ^^ ^^J *™® withiii 0116 moiith of the election of any person as chairman or member of a council upon affidavit showing that any such person has been elected unduly or contrary to this Ordinance or that any such person has been elected to or holds or exercises any such office being incapable under the provisions hereof of holding or continuing to hold the same and upon payment into Court of the sum of $25 as security for costs to abide the event of the application it shall be law^ful for a judge of the Supreme Court to grant a summons calling upon such person to show cause why he should not be ousted of the office : And where upon return of the summons it shall appear to the judge upon affidavit or oral evidence that such person was elected unduly or contrary to this Ordinance or was at the time of his election or while holding or exercising such office incapable under the provisions hereof to hold the same the judge may adjudge such person to be ousted of the same and such person shall be ousted of the same accordingly, or the judge may discharge the summons, and in either case with or without costs. 1903, 2nd session, c. 24, s. 16. Disqualification 17. No proccedings of the council or of any committee of t°ii;;vSidIu°' the council or of any person acting as chairman or member proceedings of the council or of a committee shall be invalidated by reason of any defect in the appointment or election or of any disqualification of any such person. 1903, 2nd session, c. 24, s. 17. ELECTION OP COUNCIL. decto^"'"''"" °'^ ^^' ^^ ^^y election all persons who are owners or occu- pants of ratable land in the division shall be entitled to vote 1903, 2nd session, c. 24, s. 18. ELECTION OF COUNCIL. First election 19. The first council in every district shall be elected at a time to be appointed by the commissioner who shall appoint the necessary returning officers. l°ction°' ^^^ "^^^ commissioner shall cause the prescribed notice to be given of the time and places at which the election so appointed is to be held. 1903, 2nd session, c. 24, s. 19. Poll 20. At ihe time and place mentioned in the notice referred to in the next preceding section the returning officer shall proceed to the election and shall open a poll which shall remain open for two hours. 1903, 2nd session, c. 24 s 20 800 S. 25c LOCAL IMPROVEMENT DISTRICTS Cap. 73 7 21. Every elector of the division may vote for as many Declaration to persons as are required to be elected but prior to the voting'""''""^ shall sign a declaration before the returning officer in form A in the schedule to this Ordinance and record his vote as provided in such form. 1903, 2nd session, c. 24, s. 21. 22. Any person signing such declaration and casting his P^n^i'v for vote as an elector at such election who is not entitled to y^^g f^'^'= '^^'^'="-^""" shall be guilty of an offence and liable on summary convic- tion to a penalty not exceding $50 and costs. 1903, 2nd session, c. 24, s. 22. 23. The returning officer if he is an elector of the division yot^ of --etum- may vote at the election and in case of a tie shall whether '"^ °'^""' an elector or not give the casting vote. 1903, 2nd session. c 24, s. 23. I vacancy 21. On the occurrence of any vacancy in a district council Election to su an election to fill such vacancy shall be held forthwith and""""'""' such election shall be held in the same manner as is provided in this Ordinance for the elections. 1903, 2nd session, c. 24, s. 24. [25. After the first election hereinbefore provided the Retumingr council of every district shall have power to appoint return- eiectlons"^ ing officers for the election of councillors for the various divisions in each district. The annual election shall be held on the second Monday in January and in case no returning officers were named at the last meeting of the council or that the officers named by the council refuse or neglect to act the secretary-treasurer shall have power to make such further appointments as may be necessary.] 1904, c. 8, s. 5. [25a. The returning officer for each division shall by notice Notice for in form C in the schedule to this Ordinance posted up in five conspicuous places within such division and at least six days previous to such meeting call a meeting of the electors within the same for the second Monday in January for the purpose of electing one or more councillors to serve for the ensuing year.] 1904, c. 8, s. 5. [2bb . The secretary-treasurer may act as returning officer P^y^?°t °^^^_, for one of the divisions of a district and the council may pay out of the funds of the district $5.00 for each returning officer required.] 1904, c. 8, s. 5. [25c. Each returning officer shall report forthwith to the First meeting of secretary-treasurer the name of the councillor elected for his """'" division and the secretary-treasurer shall by written notice to each councillor elected call the first meeting of the council 801 8 Cap. 73 LOCAL improvement districts s. 25e not later than the first day of Tebruary following.] 1904, c. 8, s. B. Returning 26. No person who acts as returning of&cer at an election omcer not J- . *-' eligible shall be a candidate at such election. (2) In the event of any person who has oeen appointed returning officer being absent, refusing to act or desiring to be a candidate the electors present may elect another person to act as returning of&cer by show of hands. 1903, 2nd session, c. 24, s. 26. DECLARATIONS ON ELECTION. ^^ciarition of 27. Every person elected to the office of councillor shall accept such office by making and subscribing the declaration in form B in the schedule hereto within ten days after notice of his election has been served on him personally or left at his usual place of abode and in default thereof shall be liable to a fine of $25 upon summary conviction before a justice of the peace. 1903, 2nd session, c. 24, s. 27. NON-ACCEPTANCE OF OFFICE. Vacancy on 28. If auv peTSou elected as chairman or councillor refuses non-acceptance ^ .^ t/ x -, nn p 'in inj_i or fails to accept such office as aforesaid the same shall there- upon be deemed vacant and shall be filled up by a fresh election as in the case of a vacancy. 1903, 2nd session, c. 24, s. 28. PROCEEDINGS AND POWERS OF COUNCILS. Dateoffirst 29. The couucil of every newlv constituted district shall hold its first meeting within the second week after being elected. 1903, 2nd session, c. 24, s. 29. Chairman t3 be 30. At thc first meeting of the council or at some adiourn- elected ment thereof the members present shall elect one of the members to be chairman of the council. If the chairman resigns his office as chairman or member or his office becomes vacated the council shall elect a member to be chairman in his stead. 1903, 2nd session, c. 24, s. 30. Meetings ^\ EvcTy couucll shall meet at such times as are appointed by resolution and shall meet at least twice in every year and every meeting shall be open to the public. 1903, 2nd session, c. 24, s. 31. Chairman to 32. Thc chairman shall preside at every meeting at which ''"^' ^ he is present and in the absence of the chairman from any meeting another member shall be elected chairman at and for such meeting. 1903, 2nd session, c. 24, s. 32. 802 S. 40 LOCAL IMPROVEMENT DISTRICTS Cap. 73 33. The council shall cause a record to be kept of all the Record of proceedings of the council with the names of the councillors"'""''"^' who attend at each meeting, and of the names of all coun- cillors voung upon any question, in books to be provided for the purpose which shall be kept by the secretary under the superintendence of the council and every such record shall be signed by the chairman at the next succeeding meeting after being approved by the council. 1903, 2nd session c 24, s. 83. 34. No business shall be transacted at any meeting of the Majority of council unless a majority of the whole number of the mem- ^^eTent""" bers for the time being are present. 1903, 2nd session, c. 24, s. .34. 35. All questions shall be decided by a majority and by Majority to open voting. 1903, 2nd session, c. 24, s. 35. '"''' 36. Upon every question the chairman shall have a vote vote of and if the members are equally divided the question shall '^''^'™''" be decided in the negative : Provided that if at any election of a chairman of a council or of any meeting there be an equality of votes it shall be decided by lot which of the councillors having an equal number of votes shall be chairman. 1903, 2nd session, c. 24, s. 36. 37. The members present at any meeting may from time top„._. , time adjourn the meeting. 1903, 2nd session, c. 24, s. 37. 'i*°"''" 'ower to 38. The council of every district may appoint some person Enforcement of to enforce the provisions of The Noxious Weeds Ordinance^°^>°^^J^''""^^ within the district who for such purpose shall have all the powers of an inspector under this Ordinance. 1903, 2nd session, c. 24, s. 38. SPECIAL MEETINGS OF COUNCILS. 39. The council may at any time hold a special meeting spedai called in pursuance either of a resolution of the council or of '"'='=''"^' a requisition delivered to the secretary and signed by the chairman or any two councillors specifying the time and place at which such meeting is to be held and the business to be brought before the same. 1903, 2nd session, c. 24, s. 39. 4-0. Notice in writing of the time and place of such meeting Notice of and of such business shall be given by the secretary to every 'p'"^' "''""^' member of the council except the members requisitioning for the same three clear days before the day appointed for such meeting. 1903, 2nd session, c. 24, s. 40. 803 10 Cap. 73 LOCAL IMPROVEMENT DISTRICTS S. 41 JOINT ACTION BY SEVERAL COUNCILS. Joint action by council 41. Councils may unite with other councils in the execution and maintenance of any works or the performance of any matter or thing deemed by all the councils concerned to be of benefit to their respective districts and may agree as to the joint control or management of any thing that concerns in any way such respective districts or as to the control or management by one or more of such councils of any such thing. 1903, 2nd session, c. 24, s. 41. COMMITTEES. Committees of 42. The couucil may from time to time appoint standing or special committees consisting of one or more members of the council and may relegate to such committees any matters for consideration or inquiry or management or regulation, and may delegate to any such committee any of the powers and duties by the Ordinance conferred and imposed upon the council except the powers to borrow money, make a by-law, or execute a contract. (2) Every committee to whom any powers are delegated as aforesaid may exercise or perform the same in like manner and with the same effect as the council. (3) Every such committee shall be subject in all things to the council and shall carry out all directions general or special of the council given in relation to such committee or its affairs. 1903, 2nd session, c. 24, s. 42. Discharge of 4.3. The couucil may, from time to time discharge, alter, committee "^ . . . continue or reconstitute any committee appointed by it. 1908, 2nd session, c. 24, s. 43. Proceedings not 4,4,. No pToceediug of the council or of any committee shall vacancy in bo invalidated or be illegal by reason only of there being any vacancy in the number of councillors at the time of such proceedings. 1903, 2nd session, c. 24, s. 44. RULES OF PROCEDURE. Resolutions regulating procedure 45. The council of every municipality may subject to the provisions of this Ordinance make or pass resolutions — 1. Eegulating the proceedings of the council and of com- mittees and the conduct of meetings thereof; 2. Eegulating the adjournment of meetings; 3. Directing notices of meetings to be given and prescrib- ing the form, mode, and time of service thereof; 4. Eegulating debates; 804 S. 49 ■ LOCAL IMPROVEMENT DISTRICTS Cap. 73 11 6. Prescribing the manner and conditions of revoking or altering resolutions; 6. Providing for the custody of documents and records; 7. Prescribing the duties of officers and servants; 8. Prescribing the manner and form of keeping minutes; 9. Concerning anything incidental to any matter in this section referred to; [10. Eegulating the rate of pay for all work done by day labour in the district such rate of pay to be for a day of ten hours and not to exceed the rate of wages current in the vicinity and in no case without the consent of the commis- sioner to exceed $2.00 per day for labour and $4.00 for man and team. This rate of wages need not apply to men engaged as foremen, inspectors or in the construction of bridges or culverts ;] [11. Eemitting ten per cent, of the current year's taxes to any ratepayer who pays his taxes in full on or before July first.] 1903, 2nd session, c. 24, s. 45; 1904, c. 8, s. 6. 46. Every council may pass a resolution for paying the Payment ot members thereor a sum not exceeding $2 for every day and """"""""^ ten cents for every mile respectively necessarily occupied or travelled in going to, remaining at and returning from not more than six meetings of the council in any year. 1903, 2nd session, c. 24, s. 46. OFFICERS. 47. The council may by resolution from time to time Appointment of appoint and may remove or reappoint fit persons to be^ ^^''^ secretary-treasurer and all such other officers and servants as it thinks necessary, and may pay such persons such salaries and allowances as it thinks fit [and the secretary-treasurer shall furnish such bond as the council may require.] 1908, 2nd session, c. 24, s. 47; 1904, c. 8, s. 7. 48. No councillor shall be capable of holding any such councLiiors not office except that of secretary -treasurer unless without officer's^' remuneration. 1903, 2nd session, c. 24, s. 48. ASSESSMENT OF THE DISTRICT. 49. The council may cause to be levied in each year for Assessment of the general purposes of the district a tax not less than one and one quarter cents and not more than five cents per acre upon every owner or occupant in the district for all land owned or occupied by him : Provided that any person whose assessment would be less than fifty cents shall be assessed fifty cents. iyo3, 2nd session, c. 24, s. 49. 805 12 Cap. 73 LOCAL IMPROVEMENT DISTRICTS 50 50. The rate per acre of the said tax shall be fixed by a Rate to be iut°on^"^°' resolution of the council. 1903, 2nd session, c. 24, s. 50. Assessment roll 61. The council shall make or cause to be made an assess- ment roll in which shall be set out the following inform- ation : (a) Each lot or parcel of land owned or occupied within the district and the number of acres it contains; (b) The name and address of the person assessed on account of each such lot or parcel of land; (c) The amount of such assessment. (2) The assessment roll shall be kept at the office or residence of the secretary and may be inspected at any reasonable time by any ratepayer. 1903, 2nd session, c. 24, s. 51. Owner not known 52. If the name of the owner of any lot or parcel of land in the district is not known and cannot after reasonable inquiry be ascertained the same shall be deemed to be duly assessed if entered on the roll with a note that the owner is unknown. 1903, 2nd session, c. 24, s. 62. Correction of errors in roll 53. If any land for which someone should have been assessed has been omitted from the assessment roll or any error made in the particulars contained therein the council shall on the discovery of the omission or error if within two months from the posting of the roll as herein provided cause the necessary additions and alterations to the roll to be made to assess the owner or occupant of the land so omitted or correct the other error. 1903, 2nd session, c. 24, s. 53. Notice of assessment [54. The secretary shall complete the assessment roll not later than May fifteenth in each year and shall forthwith mail to each ratepayer whose name and address appear on the assessment roll a notice of his assessment which shall include any arrears of taxes accruing on his lands since the constitution of the district and the entry of the date of the mailing of such notice together with the initials of the secre- tary on the assessment roll shall be prima facie evidence of the mailing of such notice on the date entered without proof of the appointment or signature of the secretary.] 1904, c. B, s. 8. Appeaitrom 55. Any per SOU who feels himself aggrieved by the tax assessed may within fifteen days after the mailing of such notice appeal from such assessment by delivering notice of such appeal in writing to the justice of the peace nearest the residence of the secretary; and such justice shall thereupon notify the secretary and appellant of the time and place when 806 S. 62 LOCAL IMPROVEMENT DISTRICTS Cap. 73 13 such appeal will be heard; and the finding of the justice upon such appeal shall be final. 1903, 2nd session, c. 24, s. 55. 66. In case any person neglects to pay his taxes for two Distress for months after the mailing of the notice to him as herein pro- vided the secretary may by himself or his agent levy the same with costs by distress of the goods and chattels of the person who ought to pay the same or of any goods or chattels in his possession wherever the same may be found in the district or of any goods or chattels found on the land the property of or in the possession of any other occupant thereof and may impound the same on the premises where distrained; and no claim of property, lien or privilege shall be available to prevent the sale or the payment of the taxes and costs out of the proceeds of sale thereof. 1903, 2nd session, c. 24, s. 56. 57. The taxes accruing upon or in respect of any land in Taxes alien the district shall be a special lien upon such land having priority over any claim, lien, privilege or incumbrance thereon. 1903, 2nd session, c. 24, s. 57. 68. Any taxes or arrears of taxes due to a district may oe Suit for taxes recovered by suit in the name of the district as a debt due to the district; in which case the assessment roll shall be prima facie evidence of the debt. 1903, 2nd session, c. 24, 6. 58. 59. The secretary shall enter all amounts paid him f or Taxesj.aid to be taxes on the original assessment roll opposite the lot or parcel of land for which such payment is made; and shall issue an official receipt for all such payments in form to be prescribed by the commissioner. 1903, 2nd session, c. 24, s. 59. 60. The council may enter into any contract for any of the ccmtract by purposes of this Ordinance. 1903, 2nd session, c. 24, s. 60. 61. If such contract is for the execution of any work itconditk>ns shall specify the work to be done and the materials to bCcSnt^afts" furnished, the price to be paid for the same, the time or times within which the work is to be completed and the penalties to be suffered in case of nonperformance thereof. 1903, 2nd session, c. 24, s. 61. 62. The council shall have full power and authority to a^-wtion erect, construct and maintain within the district any Public paruy without works which in the opinion of the council may be necessary whether such works are to be or have been constructed wholly within the district or form part of ^^^^^^'I'^^^'^fi^'^^^ be constructed in one or more districts. 1903, 2nd session, c. 24, s. 62. 807 14 Cap. 73 LOCAL IMPROVEMENT DIPTRICTS s. 63 Control of works already constructed 63. The Lieutenant Governor in Council may from time to time place under the temporary or permanent management and control of a council' any public works, buildings, erec- tions, machines, implements, wells, reservoirs or other things which have been commenced, constructed, purchased or provided for out of any moneys appropriated by the Legis- lative Assembly or belonging to any large local improvement district erected under the provisions of any Ordinance of the Territories. 1903, 2nd session, c. 24, s. 63. Council not authorized to interfere with government works 64. Nothing in this Ordinance shall be deemed to entitle the council to interfere with any public worKS carried on or executed by the Government or under the control of the Government without the consent in writing of the Commis- sioner of Public Works. 1903, 2nd session, c. 24, s. 64. Apportionment of expenditure, between divisions 65. The council shall cause at least one half of the amount estimated to be expended in the district in each year for general purposes to be apportioned among the divisions thereof in proportion to the amount of ratable property therein respectively as shown in the assessment roll and the amount so apportioned to each division shall be expended in works in such division : Provided the council by resolution unanimously adopted at a meeting of the whole council may decide that the amount to be apportioned as aforesaid may be reduced i;0 an amount not less than one quarter of the said district estimate. 1903, 2nd session, c. 24, s. 65. ACCOUNTS. Books or accounts to be kept 66. The council shall cause books to be kept and regular accounts to be entered therein of all sums of money received and paid otherwise than in respect of loans on account of every district and of the several purposes for which such sums of money have been received and paid and shall cause the accounts of each district to be balanced yearly. 1903, 2nd session, c. 24, s. 66. Statement or receipts and expenditure 67. The council shall aiso cause to be prepared a statement or summary showing the financial position of the district at the end of December in each year showing the amount received from each source of ordinary income and the various matters and things on which such accounts have been expended. 1903, 2nd session, c. 24, s. 67. Borrowing power 68. The council may in anticipation of the collection and payment of the general taxes payable in any year from time to time borrow moneys on the credit of the district rates to an amount not exceeding one half of the total estimated revenues of the district for the year. 1903, 2nd session, c. 24, s. 68. 808 3. 73(c) LOCAL IMPROVEMENT DISTRICTS Cap. 73 15 AUDIT OF THE BOOKS OF THE DISTEICT. 69. The books of every district shall be audited each and ''°?l"i° ''f T_ rv» • 1 • audited each every year by an official auditor appointed under the pro-y^*-- visions of any Ordinance or by a competent person to be named for the purpose by the commissioner. (2) The fee to be paid from the district funds for such audit shall be fixed from time to time by the commissioner. 1903, 2nd session, c. 24, s. 69. LARGE LOCAL. IMPROVEMENT DISTRICTS. 70. The Lieutenant Governor in Council may by order £7gfSi",t°Lt notice of which shall be published in the official gazette organize and constitute as a large local improvement district any portion of the Territories not already contained in a municipality, district or village; and may designa^f^. such large district by a distinctive name and number. 1903, 2nd session, c. 24, s. 70. Assessment to made in 71. The assessment of lands made as hereinafter provided ^^^ i'.t a large district now or hereinafter organized and const-'- <''=p="'''"^"' tuted under the provisions of this or any previous Ordinance shall be made in the local improvement branch; and all notices of such assessment shall be issued from that branch. 1903, 2nd session, c. 24, s. 71. 72. In laree districts the rate of assessment shall be oneK»'t°''^''^'=^^- ^ ment and one-quarter cents per acre : Provided that in any large district if the commissioner is satisfied that the said rate of assessment would raise a sum greater than would be necessary to effect the improvements required in such district the rate of assessment may be reduced to such less amount per acre as the commissioner may deterra ine : Provided further that any person whose assessment would be less than fifty cents shall be assessed fifty cents. 1903, 2nd session, c. 24, s. 72. 73. As soon as possible after the beginning of each year Assessment or after the organization of a large district an assessmeno roll shall be prepared for each large district upon which shall be entered as accurately as may be the following infor- mation : (a) Each lot or parcel of land owned or occupied within the district and the number of acres it contains; (b) The name and post office address of the person assessed as owner or occupant of each lot or parcel; (c) The amount of assessment; 809 16 Cap. 73 LOCAL improvement districts s. 73(d) (d) The amount of previous assessments which have not been paid. 1903, 2nd session, c. 24, s. 73. Assessment if r^^ jf aftei reasonablo inquiry the name or address of the owner or ± ^ -. • i address is owuor or occupant of any lot or parcel of land m a large unknown -'■ •/ j. ^—f district cannot be ascertained the same shall be deemed to be duly assessed if entered on the roll as "owner unknown" or "address unknown" as the case may be. 1903, 2nd session, c. 24, s. 74. Notice of assessment 75. Upon completion of the assessment roll it shall be signed by the clerk of the local improvement branch; and a notice shall then be sent by ordinary mail to each person whose name appears upon the roll stating the land in respect of which such person is assessed, the amount of such assess- ment and requesting payment of same; and the entry upon the assessment roll of the date of mailing such notice together with the initials of the clerk mailing the same shall be prima facie evidence that the notice was duly mailed on that day. 1903, 2nd session, c. 24, s. 75. fr°"rs''?n°ro°/ ^6. If auy property in a large district in respect of which any person should have been assessed has been omitted from the assessment roll or been entered on the roll in the name of the wrong person or with an incorrect acreage the necessary addition or alteration to correct the error may be made at any time in the year in which such assessment is made such addition or alteration being initialed by the clerk of the local improvement branch and a notice of assessment in accordance with such addition or alteration shall forthwith be sent to the owner of the property affected. 1903, 2nd session, c. 24, s. 76. Taxes a lien and payable in 77. The taxes accruing upon or in respect of any land in ■^ash' ' a large district shall be paid in cash and shall bo a specif)!, lien upon such land having priority over any claim, lien, privilege or incumbrance thereon. 1903, 2nd session, c. 24, s. 77. tixer'"'^"'^ 78. In case any ratepayer neglects or refuses to pay his taxes in a large district for two months after the mailing ol the notice as provided by section 75 of this Ordinance the commissioner may by his agent levy the same with costs by distress of the goods and chattels of the person who ought to pay the same or of any goods and chattels in his possession wherever the same may be found in the large district or of any goods and chattels found on the premises the property of or in the possession of any other occupant of the premises and may impound the same on the premises where distrained ; 810 S. 82(a) LOCAL IMPROVEMENT DISTRICTS Cap. 73 17 and no claim of property, lien or privilege shall be available to prevent the same or payment of the taxes and costs out of proceeds of the sale thereof. 1903, 2nd session, c. 24, s. 78. 79. The taxes collected in any large district shall hef^l^Zld"^ deposited in a chartered bank to the credit of a districts trust ^''"'" ' account; and shall be expended under the direction of the commissioner in making such improvements as may from time to time be required in the district. (2) The details of the expenditure in any large district shall be published in the public accounts annually submitted to the Legislative Assembly. 1903, 2nd session, c. 24, s. 79. 80. All accounts and contracts for work in large districts ^''^""^"^'l-t^^'^ • shall be in duplicate and shall be audited by the Territorial auditor and properly certified by him before being paid. 1903, 2nd session, c, 24. s. 80. 81. Should it at any time be deemed expedient to disor- "''alSon'oT ganize or alter the boundaries of any large district or to ''°""'^''™^ withdraw any area therefrom or to amalgamate any two or more districts which have been organized such disorganiza- tion, alteration, withdrawal or amalgamation may be effected upon recommendation of the commissioner by order of the Lieutenant Governor in Council. 1903, 2nd session, c. 24, s. 81. RETURNS TO COMMISSIONER. 82. The secretary of every district shall between the first ofas^tLsmen" and fifteenth day of December in each and every year make ^^^^^•^'J'""''' out a statement in writing on forms supplied by the commis- sioner containing the information required by the clauses of the second subsection of this section ; he shall allow any rate- payer to inspect the statement and to make a copy of or extracts therefrom on any day except Sunday or statutory holidays from the said fifteenth day of December until the twenty-fourtn of the same month between the hours of ten o'clock in the morning and four o'clock in the afternoon ; and he shall then send such statement audited and certified by the auditor and duly verified by his statutory declaration not later than the first mail after the twenty-fifth day of Decem- ber to the commissioner. (2) The said statement shall contain the following infor- mation : (a) The names and post office addresses of all ratepayers together with a description of the lands for which they are assessed and the amount of such assess- ment; 811 18 Cap. 73 LOCAL IMPROVEMENT DISTRICTS 82(b) (b) The amount of taxes paid by each ratepayer for the current year and the amount of arrears of taxes if any unpaid by such ratepayer; (c) The amount of arrears of taxes paid during the year with the names of the parties paying them and the lands and year in respect of which they are paid; (d) Details of any revenue other than taxes received by the district; (e) Details of the manner in which all moneys belonging to the district have been expended during the year; (/) Any additional information which the commissioner may consider necessary regarding the operations or standing of tne district. 1903, 2nd session, c. 24, s. 82. Return of arrears of taxes Application to judge for confirmation Notice to be given 83. The secretary of every district shall within the first fifteen days of January in each year make a return verified bj his solemn declaration to the commissioner in such form as may by the commissioner be from time to time prescribed showing all lands in the district upon which taxes have not been paid together with the years for which such taxes are due. (2) A like return shall be made by the clerk in charge of the local improvement branch of the department for each large district. (3) The return for all purposes shall be prima facie evi- dence of the validity of the assessment and imposition of the taxes as shown therein and that all steps and formalities prescribed by this Ordinance have been taken and observed. 1903, 2nd session, c. 24, s. 83. 84. On application by the Attorney General of the Territories or some advocate authorized by him to a judge of the Supreme Court in chambers such judge may appoint a time and place for the holding of a court for confirmation of the return mentioned in the preceding section, notice of which shall be published in every issue of the official gazette for two months and once each week for at least eight weeks in a local paper published in the vicinity of the lands entered on such return to be named by the commissioner. (2) A notice of the time and place fixed for confirmation of such return shall be sent by registered mail at least sixty days prior to the time so fixed to each person who appears by the records of the proper land titles office or by the said return to have any interest in the lands mentioned in the said return in respect of which confirmation is desired and whose post office address is shown by said records of return; and the entry against such lands of the date of mailing such notice together with the initials of the clerk of the local improvement 812 S. 86 LOCAL IMPROVEMENT DISTRICTS Cap. 73 19 branch of the department shall without proof of the appoint- ment or signature of the said clerk be prima facie evidence that the required notice has been mailed. 1903, 2nd session, c. 24, s. 84. 85. At the time and place so appointed the judge shall hear ^j^J>^'|f '"" the application and also any objecting parties and the evidence adduced before him; and thereupon adjudge and determine whether or not the taxes imposed respectively upon each parcel of land included in the return were either wholly or in part in default; and report the adjudication to the said Attorney General ; and shall also confirm the return as to those parcels on which any taxes are determined to be in arrears for over two years naming the amounts severally and addiag thereto a reasonable amount for the expense of advertising together with such sum as he may fix for costs of the application; and the effect of such adjudication shall be to vest in the Crown for the public use of the Territories the said lands subject however to redemption by the owners respectively of the said lands at any time within one year from the date of the adjudication by the payment to the commissioner of the amounts named including expenses as aforesaid together with a redemption fee of five cents for each and every acre in the parcel so redeemed and any subsequent taxes paid by the commisioner; but no such redemption fee shall be less than $2. (2) For the purposes of this section all taxes shall be held to be due on the first day of January of the calendar year within which the same are imposed. (3) In the event of any person successfully opposing confirmation of the said return as to the land in which he is interested the judge may order an allowance to him as witness fees to be paid by the commissioner. (4) A copy of such adjudication certified by the commis- copy to be sent sioner shall be forwarded to the registrar of land titles of the ''"^"' '^' land registration district in which the lands named in the adjudication or any of them are situated ; and such copy shall be notice to the public of the facts contained therein. 1903, 2nd session, c. 24, s. 85. 86. If any person interested in any parcel of land contained f^°^'|^;';j!, in the return presented to the judge for confirmation asappiicati^ provided by section 85 of this Ordinance pays the taxes upon such land before the date fixed for confirmation of such return hut after such date has been fixed he shall in addition to the amount of taxes shown by such return to be overdue pay the sum of $1 for each quarter section or portion thereof in lieu of the costs of application to the judge and advertising and postage in connection with such proceedings ; and any sums so paid shall form part of the general revenue. 1903, 'ln(\ session, c. 24, s. 86. 813 aftei ion to 20 Cap. 73 LOCAL IMPROVEMENT DISTRICTS Order title in vesting Crown 87. At any time after the expiration of the year last named on ex parte application by the Attorney General or some advocate authorized by him and production of the last named adjudication together with a certificate of the cojnmissionor showing that the land has not been redeemed the judge by order in chambers may direct that the title to such of the land named in the adjudication as has not been redeemed by the owner be absolutely vested in His Majesty freed from all liens, mortgages and incumbrances of whatever nature and kind the same may be. 1903, 2nd session, c. 24, s. 87. Payment of taxes by commissioner 88. So soon as the return of the secretary of any district has been confirmed the commissioner shall pay to the secretary the amount of taxes adjudged in arrears on each parcel of land deducting therefrom any charges he may have been required to pay; and thereafter while owned by His Majesty the said land shall be assessed in the name of the commissioner who shall pay taxes as if the land were assessed to an ordinary individual. 1903, 2nd session, c. 24, s. 88. EXEMPTIONS. Exemptions Authentication of orders, etc. 89. In any district or large district the property exempt from taxation under the provisions of this Ordinance shall be : 1. All land held by or in trust for the use of any tribe of Indians ; 2. The land to the extent of two acres held by or for the use of any public or separate school ; 3. The land to the extent of one acre held by or for the use of any church and occupied by a building used for church purposes ; 4. The land in use as a public cemetery not exceeding twenty-five acres ; 5. The land used as a right of way for any irrigation canal or ditch. 1903, 2nd session, c. 24, s. 89. 90. Every order, notice or other such document requiring authentication by the council may unless otherwise provided be signed by the chairman and secretary. 1903, 2nd session, c. 24, s. 90. Regulations of Lieutenant Governor 91. The Lieutenant Governor in Council may from' time to time make such regulations not inconsistent with this Ordinance as he deems necessary for the following purposes, or any of them, that is to say — 1. Prescribing the duties and functions of all officers and other persons appointed or employed under this Ordinance; 2. Prescribing the form of returns to be made, the particulars to be set forth therein and the persons by whom and the time 814 p. 96 LOCAL IMPROVEMENT DISTRICTS CaD. 73 2J when or within which such returns shall be made, and other documents referred to in this Ordinance or necessary in order to give effect thereto; 3. Providing where there is no provision in this Ordinance or no sufficient provision in respect to any matter or thing necessary to give effect to this Ordinance in what manner and form the deficiency shall be supplied ; 4. For any purpose, whether general or to meet particular cases that may be desirable in order to carry out the object and purposes of this Ordinance or to give effect to anything for which regulations are contemplated or required by this Ordinance. 1903, 2nd session, c. 24, s. 91. <)2. The Lieutenant Governor in Council shall settle, |$^';j;;=fb°' t-djust and decide any question arising between anv councils y'="''="='"' •11 T , ■II ^ *^ Ciovernor With regards to any rights, powers or duties conferred by this Ordinance. 11903, 2nd session, c. 24, s. 92. 93. If anything to be done by or under this Ordinance at Extension of or within a fixed time cannot be or is not so done the oTSeutenan't Lieutenant Governor in Council may by order from time to'^"''""'"' time appoint a further or other time for doing the same whether the time within which the same ought to have been done has or has not expired. (2) Anything done within the time prescribed by such Order in Council shall be as valid as if it had been done within the time fixed by or under this Ordinance. 1903, 2nd session, c. 24, s. 93. 94. The commissioner may make such orders as he may order by •J •> commissioner think fit for the adiustment of the assets of small and large f^ adjustment Or Hsscts local improvement districts affected by this Ordinance and of any district or large district affected by any action under this Ordirance. 1903, 2nd session, c. 24, s. 94. 95. All small and large local improvement districts existing Existing at the coming into force of this Ordinance are hereby disor- disorganized ganized, provided however that such districts shall be deemed to continue to exist so far as may be necessary for the enforc;- ment of the payment of taxes due and for any action that may be required to be taken with reference thereto. 1903, 2nd session, c. 24, s. 95. 96. After the coming into force of this Ordinance inini^- ^"^^^"j;;^^ Vo ve diately upon completion of the returns which he is required tr. ment district make by the provisions of the Ordinance hereby repealed the over" to^dislrict overseer of ovary local improvement district hereby disorgan- ized shall forthwith deliver to the secretary, if any, of the district, if any, within which is comprised the area of such disorganized local improvement district and if there be no 815 22 Cap. 73 local improvement districts s. 96 such secretary then to the commissioner or to such person as he may name all documents, books, money and other property of such disorganized local improvement district and such property shall be disposed of as the commissioner may direct Penalty [and any overseer neglecting or refusing to so hand over on demand therefor all documents, books, moneys and other properties of the district in his possession in addition -to any civil liability which he may thereby incur shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding $50.00.] 1903, 2nd session, c. 24, s. 96; 1904, c. 8, s. 9. neglecting to [96a. Any secretary of a district who neglects to discharge discharge duties ^j^q duties of hls of ficc or who neglects or refuses to render true and correct returns when required to do so under the provisions of any Ordinance of the North-West Territories or who refuses or neglects to hand over to his successor on de- mand therefor all moneys, books, papers and other property of the district in his possession in addition to any civil liability which he may thereby incur shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceed- ing $50.00.] 1904, c. 8, s. 10. SCHEDULE. FORM A. Division No. District No. The undersigned severally declare each for himself that he is a ratepayer in the above named division over eighteen years of age and votes in respect of the land set opposite his name hereto and that he votes for the person whose name is set opposite his name hereto. Name Land voted upon Person voted for A.B., Returning Officer. 816 Sched. LOCAL improvement districts Cap. 73 23 FORM B. ,,J ... . .„ „ hereby declare that I accept the office of councillor for District No. to which I was elected on the day of 19 and promise to perform the duties of such office to the best of my ability. Witness my hand this day of Signed in the presence of FORMC. ,, . NOTICE. ((jive full description of the area included in division.) Public notice is hereby given that a meeting of the electors of the division aforesaid will be held at (description of place) on Monday the day of January 19 at 10 a.m., when a poll shall be opened for the election of a councillor for said division for the current year. Returning Officer. FORM D. The North-West Territories of Canada, local improvement ordinance. District NOTICE OF ASSESSMENT. M Take notice that you have been assessed under the provisions of The Local Improvement Ordinance for the undermentioned lands in the above district and that taxes are now due and payable to the undersigned as follows: II 817 24 Cap. 73 local improvement districts Sched. quarter of Section in Township Eange west of the Meridian. Taxes for year 190. . .on. . ..acres at per acre — $ Arrears of taxes for years $ Total amount of taxes due $ Dated at this day of 190... Secy.-Treas. District P.O In case a rebate is granted as provided in section 46 sub- section 11 the notice should be amended accordingly. 818 Sched. LOCAL IMPROVEMENT DISTRICTS Cap. 73 26 w Pi 'u O 5) rt rr, • - u a o E u n _ -a ns C O 4U3UISS3SSB JO aori -OU J3ui|reiu JO 3^BQ H « snp 3JE SJBSJ -JE l^DiqAV JOJ SJB3^^ 3 X u oJ ^ ;U31USS3SSU JO a^B^ ^UBdnDDO JO J3UAVQ z « 819 CHAPTER 74. An Ordinance respecting Irrigation Districts. rTHE Lieutenant Governor by and with the advice and con- -^ sent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. Short title 1. This Ordinance may be cited as "The Irrigation. District Ordinance." CO., c. 74, s. 1. INTERPRETATION . Interpretation Act Board Worki A'otei Commissioner Engineer 3. In this Ordinance unless the context otherwise requires — 1. The expression "Act" means the Act of the Parliament of Canada known as The North-West Irrigation Act 1898 and shall include any amendments thereto which may hereafter be passed; 2. The expression "board" means the board of trustees of any district created under the provisions hereof; 3. The expression "district" means any irrigation district created under the provisions hereof; 4. The expression "owner" means and includes any person who by any right, title or estate whatsoever is or is entitled to be in possession of any land in a district or in any area proposed to be erected into a district under the provisions hereof ; j 5. The expression "works" shall for the purposes of this Ordinance mean and include any dykes, dams, weirs, flood- gates, breakwaters, drains, ditches, basins, reservoirs, canals, tunnels, bridges, culverts, cribs, embankments, headworks, flumes, aqueducts, pipes, pumps and any contrivance for carry- ing or conducting water or other works which are authorized to be constructed under the provisions of the Act ; 6. The expression "voter" means any person duly qualified under the provisions hereof to vote at any election or upon the taking of any vote under the provisions hereof; 7. The expression "commissioner" means the commissioner of public works for the Territories ; 8. The expression "engineer" means the engineer appointed by the board under the provisions of section 26 hereof ; 9. The expression "arable" means any land which is capable of being cultivated without the necessity of first removing therefrom any live timber, scrub or stones. 820 ^- ' IRRIGATION DISTRICTS Cap. 74 2 [10. The expression "district commissioner" means any dis- [District trict commissioner appointed under the provisions of this Ordi- """""'"^'""^^^ nance ;] [11. The expression "chief engineer" means the chief engineer [Chief engineer] of the Department of PubUc Works for the Territories! C c. 74, s. 2; 1901, e. 28, s. 1, ss. 4 and 5. EXISTING DISTRICTS CONTINUED. 3. Any irrigation district now existing which was. constituted Existing or erected under any Ordinance of the North-West Terri- disfrfcts " tories heretofore in force is hereby continued and shall be sub- ™"''""'^'' ject to the provisions of this Ordinance. CO., c. 74, s. 3. ORGANIZATION OF DISTRICTS. 4. The majority of the owners of the full age of twenty- Petition tor one years resident within any tract of land not already in an"""""" irrigation district may petition the commissioner to erect such tract into an irrigation district under the provisions of this Ordinance and such petition shall clearly define the area and boundaries of such tract. (2) Accompanying such petitions shall be a statutory declar- information ation made by two responsible owners resident within the tract, "■"'"'■'^'^ who have signed the petition, that they verily believe that two- thirds of the proposed district can be irrigated from the pro- posed works, that the signatures to the petition have been affixed in their presence and that the signers are a majority of the owners of the full age of twenty-one years resident within the tract which it is desired to have created a district. CO., c. 74, s. 4. 5. Upon receipt of such petition by the commissioner he Notice of shall cause a notice to be published in the next issue of the be published" official gazette stating that application has been made for the'^az^te''' erection of such tract (describing it) into an irrigation district under the provisions hereof; and a like notice shall be published once by the petitioners in a newspaper published within the proposed district, or if there be no such newspaper then in the newspaper pubhshed nearest thereto. CO., c. 74, s. 5. 6. If at the expiration of two weeks from the publication Appointment -, . , .. 1 ,1 •(• ^ ±_ •j_'^t returning of the said notice in such newspaper there is found to exist no officer substantial objection to the erection of the proposed district the commissioners shall appoint a resident owner to be return- ing officer for the purpose of taking a vote of the owners within the proposed district upon the question of the erection of such iistrict. CO., c. 74, s. 6. 7. The commissioner shall cause such returning officer to be Notice ot notified of his appointment and on receipt of such notification ""^"""^ 821 Cap. 74 IRRIGATION DISTRICTS s. 7 the returning officer shall cause a notice signed by him in form A in the schedule hereto to be posted in at least ten conspicuous and widely separated places within such district and in the post office therein or nearest thereto and shall also cause a copy of such notice to be published at least one week before the time fixed for the meeting in some weekly newspaper pub- lished in the proposed district or in case there is none publish- ed therein in a newspaper published at the point nearest thereto. (2) Such meeting shall be held at or near the point most centrally situated within the proposed district where a suitable building therefor can be obtained. (3) A certified copy of such notice together with a statutory declaration by the returning officer proving the due posting and publication thereof shall be forwarded to the commissioner. ?fTOters''°" ('^) 'I'^^ persons entitled to take part and vote at such meet- ings shall be the owners of the full age of twenty-one years. CO., c. 74, s. 7. Place of meeting Return to commissioner Proceedings at meeting 8. At the hour appointed in the notice calling such meeting which shall not be later than ten o'clock in the forenoon the returning officer shall read to the meeting the petition for the erection of the district or a copy thereof and his appointment as returning officer after which and until noon of the same day he shall take the votes of the voters present on the question of the erection of the district. (2) Every voter shall sign a declaration as in form B in the schedule hereto and record his vote as provided in such form. (3) The returning officer may vote. CO., c. 74, s. 8; 1899, c. 18, s. 1. ELECTION OF TRUSTEES. Nomination of trustees 9. [If two-thirds of the voters voting vote] in favour of the erection of the district the returning officer shall proceed to hold an election of three trustees for the district and at one o'clock of the afternoon of the same day the returning officer shall proceed to receive nominations of candidates for election as trustees. CO., c. 74, s. 9; 1899, c. 18, s. 2. Who ma\' nominate Qualification of trustees Proceedings on election of trustees 10. Voters and no other persons shall be entitled to nomi- nate candidates. (2) Trustees shall be owners resident in the district and qualified as voters. (3) Nominations may be made during the first hour of the election meeting. (4) If no more than the requisite number' of persons are nominated during the period for nominations the returning officer shall declare them elected. 822 S. 10 (16) IRRIGATION DISTRICTS Cap. 74 (5) If more than the. requisite number of persons are nomi- nated during such period the returning officer shall at the expira- tion thereof declare the nominations closed and shall proceed to take a vote by open voting. (6) The persons entitled to vote at such election shall be the ?("v''oterf''"' owners of the full age of twenty-one years. (7) Every A-oter shall have as many votes as there aw trus- tees to be elected but shall in no case vote^more'than once^for one candidate at the same election. (8) If required to do so by any owner present or of^his own accord if deemed advisable Lhe returning officer shall adminis- ter an oath to any person applying to vote on the question of the erection of the district or the election of trustees for the district as to his qualification to vote, which oath shall be as follows: "You do swear that you are of the full age of twenty-one years and that you are lawfully in possession or entitled to be in possession of land situate within this irrigation district and that you have not received any reward or offer or promise of reward for voting at this election. So help you God." (9) The returning officer shall truly record in a poll book containing suitable columns the name and residence of each person applying to vote, the land in respect of which he claims to be entitled to vote and unless he decline to take the oath the person or persons for whom he votes and if such person when required takes or declines to take the oath the returning officer shall record such fact in the poll book. (10) The poll book shall continue open until and be closed at the hour of five o'clock in the afternoon of the day of voting. (11) At the close of the poll the returning officer shall sum up the votes poUed and declare elected the necessary number of candidates having the highest number of votes. (12) The returning officer may vote and in case of an equal- ity of votes for any candidates the returning officer shall have a casting vote. (13) Immediaely after the election the returning officer shall f/^'^C^Toner transmit to the commissioner a statement of the result of the votes taken by him together with a solemn declaration in form C in the schedule hereto. (14) The returning officer shall after he has forwarded his statement to the commissioner hand the poll book to the secre- tary treasurer of the district. (15) At subsequent elections the secretary treasurer of the s^^^'i^q"^^"' district shall, unless the commissioner appoints another person, be the returning officer and the provisions of this section shall apply and be observed at all elections of trustees. (16) In case for any reason at any time trustees are not elected or are not duly elected hereunder the commissioner may 823 Cap. 74 IRRIGATION DISTRICTS 10 (16) Charge of irregularity, etc. at election appoint trustees who shall hold office in all respects as if duly elected. (17) If any two owners who were entitled to vote at the election make it appear to the commissioner b)'^ their solemn declaration that the election was irregularly or improperly con- ducted or that corrupt practices prevailed thereat and that by reason thereof the result of the election was afffcted the com- missioner may make or appoint some other person to make in- quiries into the matter and cause evidence to be taken under oath or by solemn declaration and by order require the attend- ance of witnesses or production of documents and may make such order as to the said election and as to the persons entitled to hold the office of trustee as may seem proper and the trus- tees and officers of the district shall be bound by and shall observe such orders and the nonobservance of any order made under this section shall be an offence and the offender shall on summary conviction thereof be liable to a penalty not exceed- ing $100. CO., c. 74, s. 10. Erection of district 11. If the statement made by the returning officer to the commissioner under subsection 13 of section 10 hereof shows that the [necessary proportion] of the voters were in favour of the erection of the district the commissioner may by order erect the tract of land described in the petition into an irri- gation district under the provisions of this Ordinance. (2) The Order erecting such irrigation district shall set forth : (a) The name .in full, situation and limits thereof; (b) The date and place at which the meeting of owners and the election of trustees was held; (c) The names of the elected trustees and their post office addresses. (3) Such order shall be published in the next issue of The North-West Territories Gazette. CO., c. 74, s. 11; 1899, c. 18, s. 3. trustees' DECLARATION OF OFFICE. ?v trus'JeeT l^' ^vcry trustcc shall within eight days after his election make the following declaration before the returning officer who shall forward the same to the commissioner : "I, A.B., do hereby accept the office of trustee to which I have been elected in (name of irrigation district in full) and I will to the best of my ability honestly and faithfully dis- charge the duties devolving on me as such trustee during the term for which I have been elected." CO., c. 74, s. 12. trustees' term of office: Term of office 13. The trustces elected at the first election shall hold office "'"■"^'^^ as follows: 824 S- 15 IRRIGATION DISTRICTS Cap. 74 (1) The candidate receiving the highest number of votes or the first one nominated if no 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 the third highest number of votes or the third in order of nomination shall be elected to serve until and including the thirty-first day of December fol- lowing the election: Provided always that when the election takes place between the thirtieth day of June and the thirty-first day of Decem- ber following in any year the third trustee shall continue in office until and including the thirty-first day of December the year following the election; the second trustee shall continue in office until and including the thirty-first day of December of the second year following the election; and the first trus- tee shall continue in office until and including the thirty-first day of December of the third year following the election: Provided also that the retiring trustee shall remain in office until his successor is elected. CO., c. 74, s. 13. ANNUAL ELECTION OF TRUSTEE. 14. The regular annual election of a trustee to fill the^^""^''' vacancy which occurs yearly shall take place on a day in theoHrlTstee first week in January at the hour of ten o'clock in the fore- noon and in the event of more candidates being nominated at twelve o'clock noon than the number required to fill vacancies then existing in the board the nominations shall be closed and a poll shall be opened at that hour and shall close at five o'clock in the afternoon of the same day and the proceedings at such annual election shall as nearly as possible be the same as at the first election of trustees. CO., c. 74, s. 14. TRUSTEES A BODY CORPORATE. 15. The board of trustees of every district created here- Board ot under shall be a body corporate and shall have all the rights """^'^^^ and be subject to all the Uabilities of a corporation; and especi- ally shall have full power to acquire, hold and alienate water rights and both real and personal estate for all purposes of the district and by the same name they and their successors shall have perpetual succession and they shall have power to sue and be sued, implead and be impleaded, answer and be answered unto id all courts, and in all actions, causes and suits at law and in equity whatsoever and they shall have a common seal with power to alter and modify the same at their will and pleasure; and they shall be in law capable of receiving by dona- 825 Cap. 74 IRRIGATION DISTRICTS s. 15 tion, acquiring, holding, disposing of and conveying any property real or movable for the use of the said district and of becoming parties to any agreement in the management of the affairs of the said district and shall have all the powers necessary for the construction, working and maintenance of irrigation works necessary for the uses and purposes of the said district and the inhabitants thereof. CO., c. 74, s. 15. CHAIRMAN AND SECRETARY TREASURER. Election of officers 16. The board shall within ten days after the date of their election hold a meeting at which they shall proceed to elect a chairman who shall preside at all meetings of the board and at the same meeting the board shall appoint a secretary treas- urer. CO., c. 74, s. 16. MEETINGS OF TRUSTEES. Chairman may vote Equality of votes 17. The chairman of any meeting of the board may vote with the other members of the board on all questions and any question on which there is an equality of votes shall be deemed to be negatived. CO., c. 74, s. 17. Chairman Pi'o tern 18. In the event of the absence of the chairman from any meeting the remaining members of the board shall elect another chairman from amongst themselves who shall have all the powers of the chairman at such meeting. CO., c. 74, s. 18. Meetings of board 19. Meetings of the board of trustees may be called at any time by the chairman or by two trustees by giving seven clear days' written notice of the same. CO., c. 74, s. 19. REGULATIONS AND BYLAWS. Regulations and by-laws 30. Every board may make regulations and bylaws in respect of matters not provided for by this Ordinance and not contrary to law, consistent with the objects for which the dis- trict was created, for governing its proceedings, calling meet- ings, the conduct of its members, appointing committees and generally such regulations as the interest of the district may require, and may repeal, altei- and amend its own regulations and bylaws except where bylaws are made for the purpose of raising money, levying assessments or striking rates. CO., c 74, s. 20. Pajment of members 31. Every board may pass a bylaw for paying the members thereof but such payment shall in no case exceed the sum of two dollars per day to each member and ten cents for every mile necessarily travelled in going to and from the meetings of the board. CO., c. 74, s. 21. 826 s. 26 IRRIGATION DISTRICTS Cap. 74 5 33. The board of trustees shall define the duties of its offi- officers' duties cers and shall exact security from the secretary treasurer f or f "^^1^;:^^^ "■'■ the faithful perfot-mance of his duties and it shall be the duty ^'='^""'y of every board at its first meeting in each year or within a reasonable time thereafter to examine the security so exacted and see that the same is a valid security. CO., c. 74, s. 22. AUTHORITY FOR CONSTRUCTION OF WORKS. 33. The board shall forthwith after the erection of such dis- Application trict under the provisions hereof proceed to make an applica- authorization tion in accordance with the provisions of the Act for the water necessary for the irrigation of the district and for authority to construct the necessary works for the utilization of such water and may employ such surveyors or engineers as are required to obtain the necessary information to enable them to make such application. [(2) The commissioner may at any time authorize the dis- continuance of any works theretofore authorized.] CO., c. 74, s. 23; 1903, 2nd session, c. 25, s. 1. 34. If the authorization to construct such works as provided authorization by section 16 of the Act be not obtained within six months ^9t^?btaired after the date of the order creating the district or such further months time as the Lieutenant Governor in Council may direct, the district shall cease to exist as such. CO., c. 74, s. 24. 35. If the authorization provided for by section 16 of the f„"^^°4^f ■«" Act is issued such authorization together with a copy of the maps and plans required by the Act shall be filed in the office of the secretary treasurer of the board and shall be open for inspection by any owner or his agent at all reasonable times. CO., c. 74, s. 25. ENGINEER OF DISTRICT. 36. Immediately upon receipt of the authorization provided Engineer by section 16 of the Act the board shall proceed to appoint a competent engineer for the district whose duty it shall besurve^ysand to make the necessary detailed surveys for the proposed works together with the maps and plans of the same and he shall also make a careful estimate in detail of the amount required to construct the several portions of the proposed works and of the total amount required to complete the same; he shall also make an estimate in detail of the amount required to be expended in each year for the purpose of maintaining and operating the said works when constructed and such maps, plans and estimates shall be filed by him in the office of the secretary treasurer and shall be open for inspection by any owner or his agent at all reasonable hours. CO., c. 74, s. 26. 827 Cap. 74 IRRIGATION DISTRICTS s. 27 ASSESSMENT ROLL. Assessment 37. Upon completion of the maps, plans and estimates pro- vided for in the preceding section the engineer so appointed shall make an assessment roll of the district in which he shall set down to the best of his knowledge, information, skill and ability in the first column thereof the name of each owner of each parcel of land in the district which is liable to taxation under the provisions hereof; in the second column thereof a description of the lands so owned; in the third column thereof the number of acres which are capable of being irrigated by the proposed works as shown by the maps and plans prepared by the engineer and in the fourth column the number of acres which are not capable of being so irrigated. CO., c. 74, s. 27. Unknown owners 38. The engineer shall also in such assessment roll give a description of each parcel of lands liable to taxation the owners of which are unknown to him and shall opposite to each parcel enter in the several columns of the said roll the same particu- lars as are required by the preceding section. CO., c. 74, s. 28. Occupants of gQ. Occupauts of crown lands in respect of which home- Crown lands ,- ^ . ., . ^ TiniTii liable in stead or purchase rights have been granted shall be liable to taxation in respect of their occupancy of the same in the same way as owners of other land. CO., c. 74, s. 29. certain cases Notice of assessment 30. Upon completion of the assessment roll the engineer shall hand the same to the secretary treasurer of the board who shall within one week after its receipt deliver to each person residing in the district whose name appears on the assessment roll or leave at his residence a notice setting forth the land in respect of which he is assessed or entered on the said roll and the number of irrigable and nonirrigable acres therein and shall mail a similar notice by registered letter to all the persons whose names appear on such roll who reside without such district and shall enter on the roll opposite the name of each person therein the date of such delivery or mail- ing and such entry shall be prima facie evidence of such delivery and of the date thereof. (2) The assessment roll shall remain in the office of the sec- retary treasurer of the board except when it is required before the court of revision or before a judge and shall be open for inspection by any owner or by his agent. CO., c. 74, s. 30. COURT OF REVISION. Court of revision 31. The board shall form a court of revision for the trial of complaints of any owner as to himself or any other person being wrongfully assessed on the said roll or omitted therefrom or of being assessed in respect of property of which they are not the owners or occupants or as to the number of acres stated 828 s- 34 IRRIGATION DISTRICTS Cap. 74 10 on such roll to be contained in any parcel or as to the number of acres thereof stated therein as being capable of irrigation by means of the proposed works. CO., c. 74, s. 31. 33., The secretary treasurer shall be the clerk of the court secretary of revision and shall record all the proceedings thereof. C.O.,deTko?court c. 74, s. 32. 33. The proceedings of the court of revision and the mode Proceedings of appeal thereto shall be as follows: """"'' 1. Any owner desiring to appeal may within two weeks from the date of the delivery or mailing of the assessment notice notify the secretary treasurer in writing of the particu- lars and grounds of his appeal. 2. Forthwith after the receipt by the secretary treasurer of the assessment roll he shall notify the board thereof and the board shall thereupon fix a day not less than one but within two months after such receipt of the roll and a place at which they will sit as a court of revision. 3. As soon as the time within which notice of appeal may be given has expired the secretary treasurer shall personally or by mail notify the parties appealing and appealed against of the time and place fixed for the sitting of the court of revision. 4. The court of revision may meet and adjourn from time to time but so that their duties shall be completed within the said two months. 5. All evidence before the court of revision shall be taken on oath and any member of the court shall be competent to administer the oath to any person giving evidence before the court and the secretary treasurer may when required issue a summons to any witness to attend such court or produce docu- ments thereat and if any person so summoned as a witness fails without good and sufl&cient reason to attend or produce documents, having been tendered witness fees at the rate of $1 per day and actual railway fare or mileage at the rate of ten cents per mile where railway is not available, he shall be guilty of an offence and on summary conviction thereof be liable to a penalty not exceeding 150. CO., c. 74, s. 33. 34. If at any time not later than two weeks before the date Omissions fixed for holding the court of revision it shall be discovered as^s^ssmentiroii that any property has been omitted from the assessment roll the secretary treasurer shall forthwith notify the owner thereof if he resides or has a place of business within the district that application will be made to the court of revision to add the name of such owner and the said property to the assessment roll and that such owner is required to attend the court of revision to show cause why the said property should not be assessed. 829 11 Cap. 74 IRRIGATION DISTRICTS S. 34 (2) Revised assessment roll binding- Assessment roll to be continued (2) If such owner does not reside within the district then such notice shall be posted by registered letter to the post ofl&ce address of such owner. (3) After such notice has been given as aforesaid and after the expiration of the time mentioned therein or if such person be not known then without any notice the board may unless good cause is shown to the contrary assess such property and direct the secretary treasurer to enter the same upon the assess- ment roll with the name of such person if known upon which entry the said property shall be deemed to have been duly assessed. CO.; c. 74, s. 34. 35. The roll as finally passed by the court shall be valid and bind all parties concerned notwithstanding any defect or error committed in or with regard to such roll or any defect in error or mis-statement in any notice required by this Ordi- nance or the omission to deliver or transmit such notice. CO., c. 74, s. 35. 36. The assessment roll herein provided for and as revised under the provisions hereof shall be the revised assessment roll of the district until such time as the board shall by bylaw from time to time provide for the making of a new assessment roll and any assessment made under any such bylaw shall be made and revised under and subject to all the provisions of this Ordinance relating to assessments or appeals therefrom. C. 0., c. 74, s. 36. BYLAW FOR RAISING LOAN. Voting on by law 37. If upon the revision of such roll in the manner herein provided it is found that the amount required to construct and complete the proposed works according to the maps, plans and estimates of the engineer and the amount required to defray the necessary expenses incurred in procuring the erection of such district and the said authorization including the costs of surveys and plans therefor do not together exceed an amount equal to four dollars per acre of the lands shown by such assess- ment roll to be capable of irrigation by means of the proposed works and that the amount required to be raised annually for the purpose of maintaining such works and paying the expenses of the administration of the affairs of such district does not exceed an amount equal to one dollar per acre of the lands shown by such roll to be capable of irrigation by means of such works the board shall forthwith submit to a vote of the voters of the said district a bylaw providing for the raising by loan upon the credit of the district the amount shown by such estimate to be required for the purpose of de- fraying the cost of construction of such work and the amount required to defray the necessary expenses incurred in procuring the erection of such district and in the proceedings hereunder and of obtaining such authorization and for levying of the necessary rates for the payment of such loan and the interest 830 S- 41 IRRIGATION DISTRICTS Cap. 74 12 accruing thereon and for the issue of debentures for the same. CO., c. 74, s. 37. 38. Such bylaw shall set forth: Contents / \ mi 1*1. °^ bvlaw (a) Ine object of the bylaw; (6) The date upon which it shall take effect; (c) The amount of the proposed loan showing the purposes for which it is proposed to be raised and the several amounts required for each purpose; (d) The times and manner of repayment thereof or of the debentures to be issued therefor, the rate of interest thereon and the times for payment thereof; (e) The total irrigable acreage of the rateable real property in the district as shown by such revised assessment roll; (/) The specific sum to be raised in each year during the currency of the bylaw for the purpose of paying the several instalments of principal and interest payable thereunder. CO., c. 74, s. 38. 39. Such bylaw and the debentures issued thereunder shall T^e and provide for the payment of the whole principal money within repayment thirty years from the time the bylaw takes effect and shall be repayable by annual instalments extending over the whole of such period or the last twenty years thereof. CO., c. 74. s. 39. 40. The board may in and by such bylaw divide such dis-Poinn^ trict into polling subdivisions for the purpose of taking guch ""'"''" ''''""^ vote and shall thereby fix the day and hour and polling place or places for taking the same and fix the time and place when ancl where the returning officer shall sum up the number of votes given for or against the bylaw. (2) The day so to be fixed for taking such votes shall not be less than two or more than four weeks from the first publica- tion of such bylaw in the manner hereinafter mentioned. (3) The board shall appoint a returning officer and if neces- Returning sary deputy returning officers. The returning officer may act '^*'''^'''' as a deputy returning officer in which case the provisions here- of applicable to deputy returning officers shall apply to him. CO., c. 74, s. 40. 41. The board shall before the voting thereon by the rate- Publication payers publish a copy of the bylaw in some newspaper pub- byC"'""^ lished within the said district or if there be no such newspaper then in some newspaper published near the district and such publication shall be continued in at least one number weekly of such newspaper for two consecutive weeks and the secretary treasurer shall post up a copy of the bylaw in his office. CO., c. 74, s. 41. 881 13 Cap. 74 IRRIGATION DISTRICTS s. 42 Copy signed by secretary treasurer 43. Appended to each copy so published shall be a notice signed by the secretary treasurer stating that such copy is a true copy of a proposed bylaw which will be taken into con- sideration by the board after being voted on by the voters and stating the date of the first publication and the day, hour and place or places fixed for taking the votes of the persons entitled to vote. CO., c. 74, s. 42. Qualification of voters 43. The persons qualified to vote at the taking of the vote upon such bylaw shall be the owners who were assessed on the last revised assessment roll and are of the full age of twenty- one years. CO., c. 74, s. 43. Oath of qualification 44. At the request of any person who is entitled to vote on such bylaw the returning officer or deputy returning officer shall administer to any person applying to vote an oath of qualification in the following form: "You do swear that you are of the full age of twenty-one years; that you are lawfully in possession or entitled to be in possession of land situate within the irrigation district; that you were assessed on the last revised assessment roll of the said district; that you have not already voted on the bylaw now before the voters and that you have not received any reward or offer or promise of reward for voting on the said bylaw. So help you God." CO., c. 74, s. 44. A'oting to be by ballot 45. The votes upon the bylaw shall be given by ballot in the manner hereinafter set forth and the ballots shall be in form D in the schedule hereto. CO., c. 74, s. 45. Returning: officer's duties 46. The returning officer shall procure or cause to be pro- cured as many ballot boxes as there are polling subdivisions in the district and cause to be printed a sufficient number of ballot papers for the purposes of the election. CO., c. 74, s. 46. Delivery of ballot box 47. The returning officer shall at least two days before polling day deliver one of the ballot boxes to each deputy returning officer. CO., c. 74, s. 47. Supply of material 48. The returning officer shall before the poll is opened caused to be delivered to every deputy returning officer the ballot papers and materials for marking the ballot papers. C 0., c. 74, s. 48. Secretary treasurer to supply list of voters 49. The secretary treasurer of the board shall supply to each deputy returning officer before the opening of the poll a certi- fied list of the names of the owners of land within his polling subdivision as shown by the last revised assessment roll and no persons other than those named on such list shall be entitled to vote on such bylaw. CO., c. 74, s. 49. 832 s. 53 (3) IRRIGATION DISTRICTS Cap. 74 14 50. Every deputy returning officer shall provide a compart- Deputy ment at the polling place to which he is appointed where the office?'"^ voters can mark their ballots screened from observation and may appoint a constable to maintain order at the polling place. Constabir CO., c. 74, s. 50. 51. Every deputy returning officer shall immediately before Proceeding* the commencement of the poll open the ballot box and callofpou"""^ such persons as may be present to witness that it is empty; he shall then lock and properly seal the same to prevent its being opened without breaking the seal and then place the box in view for the reception of ballots and the seal shall not be broken nor the box imlocked during the time appointed for taking the votes. CO., c. 74, s. 51. 53. No person shall be allowed in any polling place during P|rscMjs,^ the hours for polling except the returning officer, the deputy poSi^g place returning officer, the constable (if any), the voter engaged in voting and any agents appointed as in this section provided. (2) On application to him the returning officer may appoint Scrutineers two persons for each poll to act as scrutineers on behalf of the persons in favour of the passage of the bylaw and two persons for each poll to act as scrutineers on behalf of the persons opposed to the passage of the bylaw but before such persons act as such agents they shall severally subscribe and make a declara- tion before the returning officer or a person empowered to administer oaths in the following form: "I do solemnly declare that I am interested in and desirous of securing {or opposing as the case may he) the passage of the bylaw now being or about to be submitted to the vote of the owners in irrigation district. C 0., c. 74, s. 52. 53. Proceedings at the poll shall be as follows: atTdf'""''' 1. On a person presenting himself for the purpose of votmg the deputy returning officer shall ascertain that the name of such person is entered or purports to be entered upon the voters' list of his polling subdivision; 2. If such person takes the oath prescribed by this Ordi- nance the deputy returning officer shall cause to be entered opposite the name of such person in the proper column of the voters' list the word "sworn;" 3. When such person as aforesaid has been required to take the oath prescribed by this Ordinance and refuses to take the same the deputy returning officer shall cause to be entered in the proper columu of the voters' list the words "refused to be sworn;" no person who has refused to take the oath prescribed by this Ordinance when requested to do so shall receive a ballot paper or be admitted to vote; 833 15 Cap. 74 IRRIGATION DISTRICTS s. 53 (4) 4. When the vote is objected to the deputy returning officer shall cause to be entered in the proper column of the voters' list opposite the voter's name the words "objected to;" 5. After the proper entries respecting a person claiming to vote have been made in the voters' list in the manner prescribed the deput)' returning officer shall stamp or sign his initials upon the back of the ballot paper and shall deliver the same to such person; 6. The deputy returning officer shall explain to the voter the mode of voting; 7. The deputy returning officer shall cause to be placed in the proper column of the voters' list a mark opposite the name of every voter receiving a ballot paper; 8. Only one person claiming to be entitled to vote shall be allowed at a time in the polling place; 9. Every person receiving a ballot paper shall forthwith pro- ceed to the compartment provided for marking ballots and shall mark his ballot paper by placing a cross opposite the words "for the bylaw" or opposite the words "against the by- law" as the case may be in accordance with his intention to vote for or against the proposed bylaw; he shall then fold the ballot paper so as to- conceal the marks on the- face of the paper but so as to expose the initials of the deputy returning officer and on leaving the compartment shall forthwith and without exposing the face of the ballot paper to anyone or in any man- ner making known to any person which way he has voted deliver the same to the deputy returning officer who shall without unfolding it verify his initials and at once deposit it in the ballot box in the presence of all persons then present in the polling place; 10. While any voter is in the compartment for the purpose of marking his ballot paper no other person shall be allowed in the same compartment or be in any position from which he can see the manner in which such voter marks his ballot paper except as hereinafter provided; 11. In case any elector states he is unable to mark his ballot paper : (a) The deputy returning officer shall administer an oath to such elector that he is unable to mark his ballot paper and shall then cause the vote of such elector to be marked as he directs and shall then place the same in the ballot box; and (6) The deputy returning officer shall state in the voters' list opposite the name of such elector in the column for remarks the fact that the ballot paper was marked by him at the request of the voter and the reasons therefor; 12. Any elector who has spoiled his ballot paper in marking it and discovers the fact before it has been placed in the ballot 834 s. 54 (4) IRRIGATION DISTRICTS Cap. 74 16 box may on returning the same to the deputy returning officer and proving the fact to him obtain another ballot paper and the deputy returning officer shall mark upon the face of the ballot paper so spoiled the word "cancelled" and all ballot papers so marked shall be preserved by the deputy returning officer and by him returned to the returning officer in the man- ner hereinafter provided; 13. Any person who has received a ballot paper and who leaves the polling place without delivering same to the deputy returning officer in the manner provided or if after receiving the same refuses to vote shall forfeit his right to vote and the deputy returning officer then shall make an entry in the voters' list opposite the name of such person in the column for remarks that such person received the ballot paper but did not return the same or that the person returned the ballot paper and declined to vote in which case the deputy returning officer shall mark upon the face of the ballot paper the word "declined," and all ballot papers so marked shall be preserved by the deputy returning officer and by him returned to the returning officer in the manner hereinafter provided; 14. Any deputy returning officer who is entitled to vote in a polling subdivision other than the one in which he is perform- ing the duties of such officer may, subject to the other pro- visions hereof vote at the polling station at which he is so engaged providing he produces a certificate from the secretary treasurer that he is a qualified voter within the district and the deputy returning officer shall attach such certificate to the voters' list. CO., c. 74, s. 53. 54. Immediately after the close of the poll, the deputy return- proceedings ing officer shall, in the presence of the poll clerk, if there be ;;? ;:;,f '^''= one, open the ballot box and proceed as follows : 1. He shall examine the ballot papers and reject all those on the back of which his initials are not found or on which more votes are given than the voter is entitled to give or on which anything appears by which the voter can be identified and any ballot paper so rejected shall be void; 2. Take a note of any objection made by any agent to a,ny ballot paper found in the ballot box and decide on any question arising out of the objection; 3. Number such objections 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 or against the said bylaw from the ballot papers not rejected and make a written statement of the number of votes given for or against the said bylaw and of the number of ballot papers rejected and not counted by him, which statement shall be then signed by him and such of the agents present as may desire to sign the same; 835 • 17 Cap. 74 IRRIGATION DISTRICTS s. 54 (5) 5. The deputy returning officer shall then certify under his own hand in full words on the voters' list the total number of persons who have voted at the polling place at which he is appointed, and make up into separate packets: (a) The statement of votes given for and against the bylaw and of the rejected ballot papers; (b) The used ballot papers which have not been objected to and which have not been counted; (c) The ballot papers which have been objected to but which have been counted; (d) The rejected ballot papers; (e) The declined and cancelled ballot papers; (/) The voters' list; which packets, closed up and sealed with his own seal and with the seals or any persons present desiring to affix their seals thereto and marked on the outside with a memorandum desig- nating their respective contents, shall by the deputy returning officer be transmitted forthwith to the returning officer. CO., c. 74, s. 54. ?c'"ilr'"'°" ''' 55. After the close of the poll the deputy returning officer returningr shall make and subscribe before a justice of the peace a declara- tion in the following form: "I, the undersigned, deputy returning officer for polling sub- division No. of irrigation district do solemnly declare that the poll book kept by me for the said polling sub- division on the vote on the bylaw of said district to raise % by way of loan was correctly kept, that the total number of votes polled at said polling subdivision was of which ' were in favour of the said bylaw and were against it, that the voters' list used at said poll was used in the manner prescribed by law and the entries required to be made therein were made according to law and that I faithfully per- formed all the duties required of me by law." 2. Such declaration shall be attached to the voters' sent to the returning officer. CO., c. 74, s. 55. list and Countingf votes 56. At the time and place fixed for declaring the result of the election the returning officer shall open the packet con- taining the statement of the number of votes given for and against the bylaw and shall publicly declare as to whether the bylaw has been assented to or rejected by the voters, as the case may be, in accordance with the majority of the votes cast. CO., c. 74, s. 56. Return to secretary treasurer 57. After the voting the ballot boxes, packets and returns together with a statement shewing the result of the vote shall be transmitted by the returning officer to the secretary treas- 836 s. 62 IRRIGATION DISTRICTS Cap. 74 18 urer who shall be responsible for their safe keeping and for their delivery when required. CO., c. 74, s. 57. 58. If the majority of votes polled upon such bylaw is Proceedings against the passing thereof the board shall forthwith report 'vo'S^'agamtt the same to the commissioner and shall immediately proceed bylaw ^ °^ to discharge all the outstanding liabilities of the district and shall have power to make such assessments and levy such rates as may be necessary for such purpose; and so soon as all debts and habilities of the district have been so discharged it shall immediately cease to exist as such. CO., c. 74, s. 58. 59. If the majority of votes polled upon such bylaw is in it majority favour of the passing thereof it shall within one week from the favour '" day of voting be finally passed by the board. CO., c. 74, s. 59. 60. The bylaw for raising such loan shall receive the assent Byi_^>^^'° of the commissioner after the final passing thereof by the board assent of which assent shall be conclusive evidence that all necessary formalities in respect to the passing thereof and to the vote thereon have been comphed with. CO., c. 74, s. 60. 6tl. The trustees having received notice of the assent of the '^^j^'^ °J_.^^ commissioner to such bylaw shall issue debentures for the amount of such proposed loan to secure the repayment of the same with interest, upon the terms specified in the bylaw and said debentures and the coupons thereof shall be sufficient when signed by two of the trustees of the district to bind the district and to create a charge or lien upon all property of the district and all rates levied therein. CO., c. 74, s. 61. 63. The debentures to be issued under any such bylaw shall l°^Z"L be in the form following or to the like effect " Canada, North- West Territories, I Debenture No. The trustees of irrigation district promise to pay to the bearer at the sum of . dollars of lawful money of Canada in equal annual instalments with interest at the rate of per cent, per annum in the manner specified in the coupons attached hereto. Dated this day of 1 For the said trustees. Trustee. Trustee. 837 19 Cap. 74 IRRIGATION DISTRICTS S. 62 irrigation district 1 the sum COUPONS. Coupon No. Debenture No. The trustees of will pay to the bearer at on the day of of dollars, being the payment with the total interest at the rate of per cent, per annum due on that day on debenture No. Trustee. Trustee." CO., c. 74, s. 62. ANNUAL RATES. Annual estimate Bylaw for collection 63. The board shall not later than the first day of May in each year after the bylaw takes effect make an estimate of the amount required to pay the instalments of principal and inter- est payable under such bylaw up to the expiration of such year and the lawful expenses which shall be incurred during such year in carrying out the provisions of this Ordinance, in- cluding salaries and expenses of officers and such allowances as the members of the board may be entitled to under the pro- visions hereof and the general expenses of the district, and shall forthwith pass a bylaw authorising and directing the levying and collecting of an equal rate upon each acre of irrig- ible land as shown by the last revised assessment roll for the district which rate shall be sufficient to raise the amount of such estimate after making all due and reasonable allowances for the cost of collection and abatement for losses which may occur in the collection of taxes. CO., c. 74, s. 63. Collector 64. The secretary treasurer shall be the collector of taxes for the district but the board may appoint another person to be such collector. CO., c. 74, s. 64. Collectors roll 65. Immediately after the passing of such last mentioned bylaw in each year the secretary treasurer shall make out a collector's roll in which he shall set down in the first column thereof the full name of every person whose name appears upon the revised assessment roll and in the second column thereof the amount for which each person is assessed in such assessment roll for such year and in the third column thereof the amount of the taxes and rates with which he is chargeable under the said last mentioned bylaw and shall unless he him- self is collector deliver the roll certified under his name to the collector appointed by the board. CO., c. 74, s. 65. Notice of taxation 66. The collector shall forthwith after the completion or delivery to him of such collector's roll leave at the usual resid- ence or place of business of or transmit by mail to each person whose name appears on the said roll or to any agent of such 838 s. 71 IRRIGATION DISTRICTS Cap. 74 20 person in the district a statement and demand of the taxes charged against him which statement shall state the time such taxes are required to be paid and the collector shall enter the date of delivery or mailing such notice in said collector's roll opposite the name of the person taxed and such entry shall be 'prima facie evidence of the due delivery of such statement and demand. CO., c. 74, s. 66. 67. All rates, charges and taxes payable under the provisions Distress of this Ordinance shall be paid to the collector within ten days after such demand thereof by the said collector; and in case of refusal or neglect to pay the same within such time or in case the same shall not be paid before the return of the roll the collector or the secretary treasurer may levy the same with the costs of distress and sale by distress and sale of the goods and chattels of the defaulter situated within the district or of any goods and chattels found upon the premises assessed. CO., c. 74, s. 67. 68. Taxes may be recovered as a debt due to the board in t^^^^.^.^ debt which case the production of the collector's roll or a copy of so much thereof as relates to the taxes payable by any person, certified by the secretary treasurer to be a true copy, shall be prima facie evidence of the debt. CO., c. 74, s. 68. 69. The collector shall on or before the first day of Decern- Retum of roii ber in each year or such later time as the board may direct return the collector's roll to the secretary treasurer, with an account of all moneys received by him, accompanied by a sol- emn declaration made before an officer authorised to administer oaths, that the collection and other proceedings have been taken in accordance with the terms of this Ordinance and that the returns contained therein are correct. CO., c. 74, s. 69. ARREARS OF TAXES. PROCEDURE AGAINST LAND. [70. The secretaiy treasurer of every district shall in the [Ann-' first fifteen days of January in each year make a return verified by his solemn declaration to the commissioner m such form as may by the commissioner be from time to time prescribed showing all lands in the district upon which taxes have not been paid together with the years for which such taxes are due. (2) The retum shall for all purposes be prima facie evidence of the validity of the assessment and imposition of the taxes as shown therein and that all steps and formalities prescribed by this Ordinance have been taken and observed.] lyui, c. 28, s. 9. [71. On application by the Attorney General of the Terri- ^App'.icatio„ tories or some advocate authorized by him to a judge of the fixation supreme court in chambers such judge may appoint a time and 839 21 Gap. 74 IRRIGATION DISTRICTS S. 71 place for the holding of a court for confirmation of the return mentioned in the preceding section notice of which shall be published in every issue of the official gazette for two months and once each week for at least eight weeks in a local paper published in the district or if none be published in the district then in a local paper published at a point nearest thereto to be named by the commissioner. (2) A notice of the time and place fixed for the confirmation of such return shall be sent by mail at least sixty days prior to the time so fixed to each person who appears by the records of the proper land titles office or by the said return to have any interest in the lands mentioned in said return in respect of which confirmation is desired and whose post office address is shown by said records or return; and the entry against such lands of the date of mailing such notice together with the initials of the clerk of the local improvement branch of the Depart- ment of Public Works shall without proof of the appointment or signature of the said clerk be prima facie evidence that the required notice has been mailed.] 1901, c. 28, s. 9. [Hearing of [73. At the time and place so appointed the judge shall .ippiication] j^g^j, ^j^g application and also any objecting parties and the evidence adduced before him; and thereupon adjudge and deter- mine whether or not the taxes imposed respectively upon each parcel of land included in the return were either wholly or in part in default; and report the adjudication to the said Attorney General; and shall also confirm the return as to those parcels on which any taxes are determined to be in arrears for over two years naming the amounts severally and adding thereto a reasonable amount for the expense of advertising together with such sum as he may fix for costs of the applica- tion; and the effect of such adjudication shall be to vest in His Majesty for the public use of the Territories the said lands subject however to redemption by the owners respectively of the said lands at any time within one year from the date of the adjudication by payment to the commissioner of the amounts named including expenses as aforesaid together with a redemp- tion fee of $1 for each and every parcel so redeemed and any subsequent taxes paid by the commissioner. (2) For the purposes of this section all taxes shall be held to be due on the first day of January of the calendar year within which the same are imposed. (3) In the event of any person successfully opposing con- firmation of the said return as to the land in which he is inter- ested the judge may order an allowance to him as witness fees to be paid by the commissioner. (4) A copy of such adjudication certified by the commis- sioner shall be forwarded to the registrar of the land registration district in which the lands named in the adjudication or any of them are situated; and such copies shall be notice to the public of the facts therein contained.] 1901, c. 28, s. 9. 840 s- 77 IRRIGATION DISTRICTS Cap. 74 22 [73. If any persoA interested in any parcel of land con- [Payment of tained in the return presented to the judge for confirmation firing''"'' as provided by section 72 of this Ordinance pays the taxes ''''''''"^''""^ upon such lands before the date fixed for confirmation of such return but after such date has been fixed he shall in addition to the amount of taxes shown by such return to be overdue pay the sum of $1.00 for each parcel of land to cover the costs of application to the judge and advertising and postage in connection with such proceedings; and any sum so paid shall form part of the Territorial revenue.] 1901, c. 28, s. 9. [74. At any time after the expiration of the year last named [When land to on ex parte application by the Attorney General or an advocate '"" '" ^'""'"^ appointed by him and production of the last named adjudica- tion together with the certificate of the commissioner showing that the land has not been redeemed the judge by order in chambers may direct that the title to such of the land named in the adjudication as has not been redeemed by the owner be absolu- tely vested in His Majesty freed from all liens, mortgages and en- cumbrances of whatever nature and kind the same may be.] 1901, c. 28, s. 9. [74a. So Boon as the return of the secretary treasurer has [Commissioner been confirmed the commissioner shall pay to the secretary of taxesf"''''"' treasurer the amount of taxes adjudged in arrears on each parcel of land, deducting therefrom any charges he may have been required to pay; and thereafter yearly while owned by His Majesty the said lands shall be assessed in the name of the commissioner who shall pay taxes as if the land were assessed to an ordinary individual.] 1901, c. 24, s. 9. 75. The commissioner may from time to time offer for sale saie of lands any lands vested in Her Majesty as herein provided at such prices and upon such terms as may be fixed by the Lieutenant Governor in Council. CO., c. 74, s. 75. 76. The taxes accruing upon or in respect of any real estate T»>'es special in the cUstrict liable to taxation under the provisions hereof '™ shaU be a special lien upon such real estate including the build- ings and improvements thereon having preference over' any claim, lien, privilege or encumbrance and of any party whom- soever. CO., c. 74, s. 76. GENERAL PROVISIONS 77. In addition to the powers hereinbefore mentioned the Further board shall, [subject to the provisions of The North-West Irriga-lVlrr ° Hon Act, 1898], have and possess and may exercise all the powers which may be necessary in order to enable them to construct and maintain the said works and may by bylaw provide for the construction or maintenance thereof or both in such man- ner as it may see fit and may also make and enforce such regu- 841 Cap. 74 IRRIGATION DISTRICTS S.77 lations as it may see fit respecting the supply of water to any person and for the disposal or supply of any surplus water which is not required for the purpose of the district and for the cutting off or stopping the supply of any water to any person in arrears in respect thereof and to any persons from whom rates or taxes are due to such district. CO., c. 74, s. 77; 1899, c. 18, s. 4. Borrowing: ^'acancy in board 78. The board may pass bylaws from time to time authoris- ing the chairman and treasurer thereof to borrow from any person, bank or corporation such sum or sums of money as may from time to time be required to pay any instalment of prin- cipal or interest or both falling due upon any such debentures or to provide for any other expenditure until such time as the taxes levied or to be levied therefor can be collected. CO., c. 74, s. 78. 79. In case of any vacancy in the board by death, resigna- tion or otherwise the remaining members of the board shall appoint some owner residing within the district to the vacant position. In case there are no members of the board remaining the commissioner shall appoint three such persons to constitute the board. CO., c. 74, s. 79. Faiiingr 80. In case the board shall at any time fail to appoint the oFoTcrrretc, necessary officers to carry out the provisions of this Ordinance commllfi'oner or lu casB auy officer appointed by the board shall fail to per- toappomt form the duties prescribed by this Ordinance the commissioner shall appoint the necessary officer or officers for the purpose of carrying out the provisions hereof and any such officer so appointed shall have and possess all the powers and shall per- form all the duties of his office in the same manner as if he had been appointed by the board. CO., c. 74, s. 80. ALTERATION OF BOUNDARIES. Alteration of boundaries 81. The commissioners shall have power to alter and amend the boundaries and area of any district erected as herein pro- vided by adding thereto or taking therefrom but no area shall be added to a district unless the majority of the owners in such area signify their consent to such addition nor shall any por- tion of a district be cut off unless the board by resolution agrees to such reduction in the area of the district. (2) In case of any district having any debenture debt out- standing no alteration shall be made in the same or in the boundaries thereof which will prejudicially affect the rights or security of the holders of any such debentures. (3) The order of the commissioner amending the boundaries or area of any district erected under the provisions hereof shall be published in the official gazette and a copy thereof filed by the board. CO., c. 74, s. 81. . 842 s. 82 (6) IRRIGATION DISTRICTS Cap. 74 24 EXECUTIONS AGAINST DISTRICTS. 83. Any writ of execution against a district may be in- Execution dorsed with a direction to the sheriff to levy the amount thereof dStrfc^' by rate and the proceedings thereon shall be as follows : 1. The sheriff shall deliver a copy of the writ and indorse- ment to the secretary treasurer of the board with a statement in writing of the amount required to satisfy such execution including the amount of interest thereon and sheriff's fees and demand the payment of the same ; 2. In case the amount demanded is not paid to the sheriff within thirty days after such deUvery the sheriff shall examine ■ the assessment roll of the district and shall in like manner as rates are struck for general district purposes strike a rate in the dollar sufficient to cover the amount claimed as aforesaid with such addition to the same as the sheriff deems sufficient to cover interest, his own fees and the collector's per centage up to the time when such rate will probably be available; 3. The sheriff shall thereupon issue a precept under his hand and seal of office directed to the secretary treasurer of the board and shall annex thereto the roll of such rate and shall by such precept after reciting the writ and that the corporation had neglected to satisfy the same and referring to the roll annexed to the precept command the secretary treasurer of the board to levy such rate at the time and in the manner by law required in^tespect to the general annual rates; 4. In case at any time for levying the annual rates next after the receipt of such precept the secretary treasurer of the board has a general rate roll delivered to him for such year he shall add a column thereto headed: "Execution rate in A.B. versus The Irrigation District " as the case may be, adding a similar column if there are. more executions than one and shall insert therein the amount by such precept required to be levied upon each owner respec- tively and shall levy the amount of such execution rate afore- said and shall within the time that he is required to make the return of the general annual rate return to the sheriff the precept with the amount levied thereon deducting his percentage; 5. The sheriff shall after satisfying the execution and all fees thereon return any surplus within ten days after receiving the same to the secretary treasurer of the board for the general purposes of the district; 6. In case the secretary treasurer of the board of any district against which an execution has issued is not paid by percent- age fixed by bylaw of the district he shall be paid for such collection a sum not exceeding two and one-half per centum of the amount collected. CO., c. 74, s. 82. 843 25 Cap. 74 IRRIGATION DISTRICTS S. 83 Secretary treasurer to be officer of court 83. The secretary treasurer or collector of the district shall for the purpose of carrying into effect or permitting or assist- ing the sheriff to carry into effect the provisions of this Ordi- nance with respect to such executions be deemed to be officers of the court from which such writ was issued and as such may be proceeded against by attachment, mandamus or otherwise to compel them to perform the duties hereby imposed on them. CO., c. 74, s. 83. Assessment, etc., by sheriff Appeal 84. In case there is no secretary treasurer or collector and the trustees refuse or neglect to appoint such officers or in case such officers are absent from the district or for any reason the sheriff is unable to proceed as herein provided he may (upon application to a judge of the Supreme Court) be invested with full power and authority to assess, levy, collect and enforce pay- ment of such sum or sums of money as may be required to pay and satisfy the execution or executions and all fees and legal expenses including such allowance for the costs, levy, collection and enforcement of payment as the judge may allow, in the same manner as assessors, collectors or secretary treasurers are authorized to do by this Ordinance: Provided that in case any person desires to appeal from any assessment or omission of assessment by the sheriff appeal may be had to a judge of the Supreme Court. CO., c. 74, s. 84. [Lieutenant Governor may appoint district L-ommissioner] [district COMMISSIONER.] [85. The Lieutenant Governor in Council may appoint a district commissioner for any district; and a notice of such appointment shall be published in the official gazette. (2) The remuneration to be paid any district commissioner shall be fixed by the Lieutenant Governor in Council; and such remuneration shall be paid out of the funds of the district.] 1901, c. 28, s. 2. [Powers of district commissioner] [86. A district commissioner appointed under the provisions of this Ordinance shall have all the powers and authorities of the board of trustees for the district for which he is appointed ; and during the term of his appointment no election of a board of trustees shall be held.] 1901, c. 28, s. 3. [Cessation ot board of trustees] [87. Upon the appointment of a district commissioner the board of trustees of the district for which he is appointed shall cease to hold office as such. (2) The board of trustees and any and all their officers shall upon demand of the district commissioner hand over to him all moneys, books, plans, tools, implements and property whatso- ever belonging to the district; and any board of trustees or any individual member thereof or any officer of such board refusing or neglecting to so hand over the moneys, books, plans, tools, implements or other property of the district shall 844: s. 92 IRRIGATION DISTRICTS Cap. 74 26 be guilty of an offence and liable upon summary conviction thereof to a fine not exceeding $100 or to imprisonment for one month or to both.] 1901, c. 28, s. 4. [88. In any district for which a district commissioner shall [cniefengrineer have been appointed as provided by this Ordinance the chief engineer shall be the engineer required to be appointed by section 26 of this Ordinance.] 1901, c. 28, s. 5. [89. If it is fouund by the district commissioner that the ^0,;™'™^"'' amount required to construct and complete the proposed work "='> e^"'.''"' ■■-, L IT r borrowing" of the district according to the maps, plans and estimates ofp»"'=''s] the engineer together with any liability incurred by the district prior to the appointment of the district commissioner does not exceed an amount equal to $4 per acre of the lands shown by such maps and plans and by the assessment roll of the district to be irrigable by means of the proposed works and that the amount required to be raised annually for the purpose of main- taining such works and paying the expenses of the administra- tion of the affairs of the district including interest and sinking fund does not exceed an amount equal to $1 per acre of the lands shown to be irrigable as above mentioned the Lieutenant Governor in Council may authorize the raising by loan upon the credit of the district of the amount certified by the dis- trict commissioner and engineer to be required to defray the cost of the construction and completion of the proposed works and for the levying of the necessary rates for the payment of such loan and the interest accruing thereon and for the issue of debentures for the same.] 1901, c. 28, s. 6. [90. L'pon the expiration of the term of appointment of any [Ejection rf^new district commissioner or at an earUer date if he deems it expedient to do so the Lieutenant Governor in Council shall make pro- vision for the election of a new board of trustees for the dis- trict.] 1901, c. 28, s. 7. [91. In the event of the death or resignation of any district [Dj^'^'^Xn of commissioner appointed under the provisions of this Ordinance di»^ri^.^^i„^^^j the vacancy so caused shall be filled by the appomtinent of a new district commissioner by the Lieutenant Governor in Coun- cil] 1901, c. 28, s. 8. [93. The commissioner may from time to time make such [R^^es^-d ^ rules and regulations and prescribe such forms not inconsistent be made with the provisions of this Ordinance as may be necessary to the effective and proper administration of any district for which a district commissioner shall have been appointed as herein provided.] 1901, c. 28, s. 10. 845 27 Cap. 74 irrigation districts Sched. SCHEDULE. FORM A. Notice is hereby given that under the provisions of The Irri- gation District Ordinance the undersigned has been appointed by the commissioner of public works for the purpose of taking a vote on the question of the erection of the Irrigation District and, if such vote is in favour of the erection of such district, to hold an election of three duly qualified persons to compose the board of trustees of the said irrigation district which comprises the following area : {Here set out area.) The persons entitled to vote are such persons as are of the full age of twenty-one years who are lawfully in possession of or entitled to be in possession of land situate within the district. Now therefore the electors so qualified to vote are hereby notified to attend at {describing the 'place of voting) on the day of 1 at the hour of ten o'clock in the forenoon at which hour and place I will proceed to take a vote on the said question and if the vote thereon is favourable to the erection of the district I will at one o'clock in the afternoon of the said date receive nominations for persons to serve as such trustees and if at the hour of two o'clock in the afternoon on said day more than three persons have been nominated I will forthwith proceed to hold a poll and receive the votes of per- sons qualified to vote which poll will continue open until and close at the hour of five o'clock in the afternoon of said day at which time I will declare the result of the poll. Dated this day of 1 Returning Officer. FORM B. Irrigation District. We, the undersigned, severally declare each for himself that he is an owner of land, as defined in The Irrigation District Ordinance, in the above named district; that he is of the full age of twenty-one years and that he votes upon the land set opposite his name and for or against the erection of the said district as indicated by the cross set opposite his name. 846 Sched. IRRIGATION DISTRICTS Cap. 74 28 Name. Land voted upon. For the erection of the district. Against the erection of the district. Returning Officer. FORM C. ■ Irrigation District. I, A.B., Returning Officer for the Irrigation District, hereby solemnly declare that the record of votes annexed signed by me is a true record of the votes cast upon the day of 1 for and against the erection of the district and {if the vote was in favour of the erection of the district) for the election of three trustees for the district and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act, 1893. 1 Returning Officer. Declared before me at this day oi 1 A Commissioner or J. P. FORM D. Ballot Paper. . Irrigation District. Vote on bylaw to raise $ for the construction of the works required for irrigation of the district. For the bylaw Against the bylaw 847 CHAPTER 75. An Ordinance respecting Schools. THE Lieutenant Governor by and with the advice and consent -*- of the Legislative Assembly of the Territories enacts as follows : SHORT TITLE. Short title Interpretation 1. This Ordinance may 1901, c. 29, s. 1. be cited as "The School Ordinance.' INTERPRETATION. Inspector District Rural district Department 2. In thls Ordinance except the context otherwise requires: 1. The expression "department" means the Department of Commissioner Educatlon ; 2. The expression "commissioner" means the Commissioner Council of Education; 3. The expression "council" means the Educational Council; 4. The expression "inspector" means any school inspector appointed under this Ordinance; 5. The expression "district" means any school district erected or constituted as such at the date of the coming into force of this Ordinance and any school district hereafter erected or constituted under the provisions hereof; 6. The expression "rural district" means any school district situated wholly outside the limits of any town or city munici- pality or any village: Provided that in case any rural district or any portion thereof is included in any village that may hereafter be organised such district shall for the purposes of this Ordinance be deemed a rural district until the end of the then current calendar year; 7. The expression "village district" means any school district situated wholly or in part within the limits of any village: [Provided that in case any village in which is situate in whole or in part a village district is at any time incorporated as a town such village district shall for the purposes of this Ordinance be deemed to continue to be a village district until the end of the then current calendar year]; 8. The expression "town district" means any school district situated wholly or in part within the limits of any town or city municipality; 9. The expression "ratepayer" means any person of the full age of twenty-one years whose name appears on the last revised assessment roll of the district and who has paid all taxes due by him to the said district, [or in the case of a district in which 848 Villag-e district Town district Ratepayer s- 3 SCHOOLS ■ " Cap. 75 there has been no revised assessment roll any person of the full age of twenty-one years who has owned or been occupant of assessable property therein for a period of at least two months.] 10. The expression "resident ratepayer" means: Resident ratepayer (a) In any proposed district any person of the full age of twenty-one years actually residing therein and who has so resided therein and owned or been the occupant of assessable property therein for a period of at least two months immediately prior to the date of the first school meeting; (6) In an established district in which there has been no revised assessment roll of the district any person of the full age of twenty-one years actually residing therein and who has so resided therein and owned or been the occupant of assessable property therein for a period of at least two months immediately prior to the date of any school meeting; (c) In any other district any person of the full age of twenty-one years actually residing therein whose name appears on the last revised assessment roll of the district and who has paid all taxes due by him to such district; 11. The expression "board" means the board of trustees of Board any district;- 12. The expression "teacher" means any person holding a Teacher legal certificate of qualification; [13. The expression "owner" includes any person who by any right, title or estate whatsoever is or is entitled to be in possession of any land in a district; 14. The expression "occupant" includes inhabitant occupier of any land or if there be no inhabitant occupier the person entitled to the possession thereof and the leaseholder or holder under agreement for lease and holder under agreement for sale and any person having or enjoying in any way or for any purpose whatsoever the use of land; 15. The expression "tax payer" means any person who is the owner or occupant of lands in respect of which some person is or may be assessed.] 1901, c. 29, s. 2; 1903, 2nd session, c. 27, s. 1. DEPARTMENT OF EDUCATION. 3. There shall be a department of the public service of the O'-g^'ni'^a"'^" Territories called the Department of Education over which the member of the Executive Council appointed by the Lieu- tenant Goveraor in Council under the seal of the Territories to discharge the functions of the Commissioner of Education for the time being shall preside. J.J. 849 Functions Cap. 75 SCHOOLS s. 3 (2) (2) The Lieutenant Governor in Council may appoint such officers, clerks and servants as are required for the proper conduct of the business of the department and for the purposes of this Ordinance all of whom shall hold office during pleasure. 1901, c. 29, s. 3. 4. The department shall have the control and management of all kindergarten schools, public and separate schools, normal schools, teachers' institutes and the education of deaf, deaf mute and blind persons. 1901, c. 29, s. 4. Administration 5. The commissiouer . shall have the administration, control and management of the department and shall oversee and direct the officers, clerks and servants thereof. 1901, c. 29, s.5. Regulations of the Department. Schools and courses of study School building^s and grounds Examination of teachers Teachers' institutes Text books and apparatus School libraries Normal schools 6. The commissioner with the approval of the Lieutenant Governor in Council shall have power: 1. To make regulations of the department — (a) For the classification, organization, government, exami- nation and inspection of all schools hereinbefore mentioned; (b) For the construction, furnishing and care of school buildings and the arrangement of school premises; (c) For the examination, licensing and grading of teachers and for the examination of persons who may desire to enter professions or who may wish certificates of having completed courses of study in any school; (d) For a teachers' reading course and teachers' institutes and conventions; 2. To authorize text and reference books for the use of the pupils and teachers in aU schools hereinbefore mentioned as well as such maps, globes, charts and other apparatus or equip- ment as may be required for giving proper instruction in such schools; 3. To prepare a list of books suitable for school Ubraries and to make regulations for the management of such libraries; 4. To make due provision for the training of teachers. 1901, c. 29, s. 6. Powers of the Commissioner. Powers of commissioner Appeals, disputes and complaints 7. It shall be the duty of the commissioner and he shall have power: 1. To appoint one or more persons to inquire into and report upon any appeal, complaint or dispute arising from the decision of any board or inspector or other school official or upon the condition of one or more schools or upon the financial condition 850 s. 8 SCHOOLS Cap. 75 ■^ of any district or upon any other school matter; and such person or persons shall have power to take evidence under oath or by affirmation; and the commissioner upon receipt of such report shall make such order thereon as to him shall seem proper; 2. To appoint an official trustee to conduct the affairs of any official district; and any such official trustee shall have all the powers '"'"''''''^ and authorities conferred by this Ordinance upon a board and its officers; and shall be remunerated out of the funds of the district or otherwise as the Lieutenant Governor in Council may decide, and upon the appointment of any such official trustee the board of any district for which he is appointed shall cease to hold office as such; 3. To appoint some person to inquire into and report upon unorganized the conditions existing in any portion of the Territories that '''^*"'"^ may not have been erected into a school district and subject to thu provisions of this Ordinance in that behalf to take such action thereon as to him may seem expedient; and such person shall receive such remuneration as the Lieutenant Governor in Council may determine; 4. To suspend or cancel for cause any certificate granted cancei under the regulations of the department; 5. To cause to be prepared and'printed recommendations and Advice to advice on the management of schools and districts for trustees '''"^'''^* and teachers; 6. To prepare suitable forms and give such instructions as Forms may be necessary for making all reports and carrying out the provisions of this Ordinance; 7. To appoint some person to call any school meeting required caii meetings to be held under this Ordinance when there is no person authorized to call such meeting or when the person so authorized neglects or refuses to act , 8. To cause to be prepared plans of buildings suitable forpiansfor -I 1 ~ , schools schools of one or two rooms; 9. To report annually to the Lieutenant Governor in Council Annual report upon all schools and institutes herein mentioned with such statements and suggestions for promoting education generally as he may deem expedient; 10. To make any provision not inconsistent with this Ordi- nance that may be necessary to meet exigencies under its operation. 1901, c. 29, s. 7. EDUCATIONAL COUNCIL. 8. There shall be an educational council consisting of five Members persons at least two of whom shall be Roman Catholics to be appointed by the Lieutenant Governor in Council; who shall receive such remuneration as the Lieutenant Governor in Council shall determine. 851 5 Cap. 10 SCHOOLS s. 8 (2) Term of office (2) Oil thc first constitutioii of the council three of the mem- bers shall be appointed for three years and two for two years; and thereafter each member appointed shall hold office for two years. 1901, c. 29, s. 8. Meeting's Subjects for consideration [9. Meetings of the council shall be held at such times and places as may be determined by the commissioner but at least one meeting shall be held in each calendar year.] 1903, 2nd session, c. 27, s. 2. 10. AU general regulations respecting the inspection of schools, the examination, training, licensing and grading of teachers, course of study, teachers' institutes and text and reference books shall before being adopted or amended be referred to the council for its discussion and report. 1901, c. 29, s. 10. Report c( council 11. The council shall consider such matters as may be re- ferred to it as hereinbefore provided or by the commissioner and may also consider any question concerning the educational system of the Territories as to it may seem fit and shall report thereon to the Lieutenant Governor in Council. 1901, c. 29, s. LI. FORMATION OF PUBLIC SCHOOL DISTRICTS. CoiiLlitions iifccssary tor erection of district Special cases- other boundaries permitted 13. Any portion of the Territories may be erected into a public school district provided that — (a) It does not exceed five miles in length or breadth exclusive of road allowances; {b) It contains four persons actually resident therein who on the erection of the district would be liable to assess- ment and twelve children between the ages of five and sixteen inclusive : Provided however that in special cases the commis- sioner may permit the boundaries of any district to exceed five miles in length or breadth or either. 1901, c. 29, s. 12. Committee for erection of district Petition 13. Any three residents in any area fulfilling the require- ments of the next preceding section may be formed or may form themselves into a committee to procure its erection into a district and may petition the commissioner for such erection. (2) The petition shall be in form prescribed by the commis- sioner. 1901, c. 29, s. 13. Notict of first school meeting First School Meeting. 14. On receiving the approval of thc commissioner to the limits and name of any proposed district a notice calling a meeting of the ratepayers shall be posted up by the petitioners 852 s- 21 SCHOOLS Cap. 75 in at least five widely separated places within such limits one of which shall be the post office therein if there be such post office and if there be no post office therein a sixth notice shall be posted in the nearest post office thereto at least two weeks prior to the date of said meeting. (2) The notice may be in form prescribed by the commis-Form sioner. 1901, c. 29, s. 14. if of 15. Satisfactory proof that the notices have been posted up p,„„, „ as hereinbefore provided shall be furnished by solemn declara- p°^'"'^ tion in form prescribed by the commissioner. 1901, c. 29, s. 15. 16. At_ one o'clock in the afternoon standard time of the First meeting day appointed in the notice calling the first school meeting the resident ratepayers present shall elect one of their number as chairman to preside over their proceedings and shall also appoint chairman a secretary who shall record the minutes of the meeting and g^^_.^^^_. . perform such other duties as may be required of him by this """^^'^ Ordinance. 1901, c. 29, s. 16. 17. The chairman shall upon his appointment sign the chairman declaration provided in form A in the schedule to this Ordinance, declaration 1901, c. 29, s. 17. 18. After the election of a chairman any person wishing to Ratepayers take any part in the meeting or vote thereat shall be required dedSation to sign in the presence of the chairman and secretary the declara^ tion provided in form A in the schedule to this Ordinance and no person shall be allowed to take part in the meeting or vote ^^ff^P^Jj^^^tg thereat unless and until he shall have signed such declaration. (2) Any person subscribing to a declaration form A con- Penalty for taining any false statement shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $10. (3) Any declaration made under the provisions of this section Declaration to shall be forwarded by the chairman to the commissioner. 1901 c. 29, s. 18. be forwarded to J commissioner 19. The chairman may not vote on any question whether chairman not the same is to be decided by a show of hands or a poll but in '° '""^ case of a tie he must give a casting vote. 1901, c. 29, s. 19. 30. Upon his appointment and before any other business ispoiitor transacted except as provided in section 18 of this Ordinance d°s™ict'°" ""^ the chairman shall immediately cause a poll to be taken of the votes of the resident ratepayers for and against the formation of the proposed district. 1901, c. 29, s. 20. hairman presides 21. On the taking of the poll the chairman shall preside cha^^^^ and the secretary shall record the votes as they are given in|ec«tary the form prescribed by the commissioner. 1901, c. 29, s. 21. -^"^"^ ™'=' 853 Cap. 75 SCHOOLS S.22 Closing poll 33_ The poll shall remain open for one hour at the end of which time it shall be closed by the chairman who shall then sum up the votes. 1901, c. 29, s. 22. Nominations or trustees 33. If the result of the poll is favourable to the formation of the district the chairman shall immediately call for nominations of persons to serve as trustees and the secretary shall record such nominations in the order in which they are made. 1901, c. 29, s. 23. Qualifications of candidates 34. The persons nominated for the position of trustees shall be resident ratepayers of the proposed district and shall be able to read and, write. 1901, c. 29, s. 24. How nominated 35. Each candidate for the position of trustee shall be nominated by a mover and seconder both of whom shall be resident ratepayers of the proposed district. 1901, c. 29, s. 25. Time for nomination 36. Nominations shall be received by the chairman for thirty minutes after he first calls for the same. 1901, c. 29, s. 26. Acclamation 37. In case the number of nominations does not exceed three the chairman shall declare the persons nominated to be elected. 1901, c. 29, s. 27. of°tru?teei'"'''°" ^^- If morc than three candidates are nominated the chair- man shall at the close of the time for nominations declare a poll open for the election of trustees. 1901, c. 29, s. 28. pr'^etid""" '° 29. On the taking of the poll the chairman shaU preside and the secretary shall record the votes as they are given in the form prescribed by the commissioner. 1901, c. 29, s. 29. Ratepayers' votes Closing- poll Chairman to forward minutes, 30. Every resident ratepayer shall have three votes but shall in no case vote more than once for any one candidate at the same election. 1901, c. "29, s. 30. 31. The poll shall remain open for one hour at the end of which time it shall be closed by the chairman who shall then sum up the votes and declare the result. 1901, c. 29, s. 31. 33. Within ten days after the date of the first school tode artment ™^^*™g ^^^ chalrmaH shall send to the department certified eparmen ggpjgg ^f^ (a) The minutes of the meeting; (6) The poll for the erection of the district; (c) The poll for the election of trustees; (d) The notice calling the meeting; 854 s. 3G SCHOOLS Cap. 75 8 [(e) The declaration of posting notices required by section 15.] 1901, c. 29, s. 32; 1903, 2nd session, c. 27, s. 3. Order for Erection of School District. 33. Upon the receipt of the returns mentioned in the next may order°"°'^ preceding section and upon being satisfied that all the require- dLTri"" °^ ments and provisions of this Ordinance with reference to the formation of the district have been complied with the commis- sioner may order the erection of the proposed district into a school district and assign to it a name and number. Notice in (2) Notice of the erection of the district shall be published °*'='''' 8ra= n ■ i o ./ m the loUowmg order: 1. (Repealed.) 2. Receiving and considering the statements prepared by the teacher, trustees, treasurer, collector and auditor; 3. Receiving and considering the inspector's report; 4. Miscellaneous business; 5. Election of trustees. 1901, c. 29, s. 59; 1903, 2nd session, c. 27^ B. 5. Statements 60. The chairman upon taking his place shall immediately berc'^dTt^'" call upon the secretary to read the following statements and annual meeting pgpQrts which shall bc consldcred and disposed of by the meeting : Teachers 1. A statcmcnt of the teacher signed by him giving the following particulars: (a) The number of days on which school was kept open during each term succeeding the last annual meeting; (b) The total number of children attending school during that period specifying the number of males and females respectively; (c) The number of children of school age residing in the district who did not attend school during the year; (d) The average daily attendance for each term and for the year; (e) The classification of pupils and the number of pupils in each standard or class; (/) The subjects taught in the school and the number of children studying each; 862 s. 60 (4) SCHOOLS Cap. 75 16 (g) The number of scholars suspended or expelled for misbehaviour or other causes ; {h) The date upon which the public examination of the school was held and the number of visitors present. 2. A statement prepared by the trustees showing: Trustees (a) The names of the trustees ; (h) The officers of the district appointed by the trustees and their salaries; (c) The vacancies created in the board during the year giving the causes thereof with an account of the elections held to fill such vacancies and the results thereof;- '■' n'^' (d) The engagements entered into during the year by the board as well as an account of those entailed upon them by their predecessors; (e) The number of regular and special meetings of the ' ;,'',,,;; board held during the year together with a statement ' showing the number of meetings attended by each member; (/) The number of visits made by each member of the board to the school while it was in operation. 3. The treasurer's statement for the fiscal year ending on Treasurer's the thirty-first day of December preceding the annual meeting in which shall be set forth: (o) The amounts of money received by the district from each source of revenue including government grants whether paid directly to the teachers or not; (b) The amounts of money paid out by the district with particulars of payment; (c) The amounts of money due to the district from all sources with particulars; (d) The amounts of money due by the district and the terms and times of payment. 4. A statement prepared by the collector of taxes and signed Tax collectors by him giving the following particulars : (a) The number of acres of land assessed or in the case of village districts the total assessed value of all property as shown by the last revised assessment roll; {b) The rate of the school tax; (c) The total amount of taxes levied during the year; (d) The current taxes collected during the year; (e) The arrears of taxes collected during the year; (/) The total arrears of taxes which are due together with a statement of the amount owing by each rate- payer. ^ 863 17 Cap. lO SCHOOLS s. 60 (5) Auditor's Inspector's Other statements 5. The auditor's report. 6. The inspector's report received since the next preceding annual meeting was held. 7. Such further statements in relation to the affairs of the district as may be deemed advisable. 1901, c. 29, s. 60. Nominations for trustee 61. So soon as the other business of the district has been transacted or at two o'clock in the afternoon of the day of the meeting if the other business be not then concluded the chair- man shall call for nominations for the office of trustee. 1901, c. 29, ^. 61. «nd'idat«°" °* ®^- ^^^^ person nominated for the office of trustee shall be a resident ratepayer of the district who has paid all taxes due by him to such district and is able to read and write. 1901, c' 29, s. 62. QuaiiScation ot gj. Each Candidate shall be nominated by a mover and ini»ver and irl iiii • i SLconJer Kfconder each of whom shall be a resident ratepayer of the (iistrict and shall have paid all taxes due respectively by him to such district. 1901, c. 29, s. 63. Time of nominations 64. Nominations shall be received by the chairman for thirty minutes after he has first called for the same. 1901, c. 29, --. 64. Acclamation 65. lu casc there is only one nomination the chairman shall declare the candidate nominated to be elected. 1901, c. 29^ H. 65. Poll for election of trustees 66. In case there are more nominations than one the chair- man shall at the close of the time for receiving nominations declare a poll open for the election of a trustee. 1901, c. 29, s. m. Chairman presides 67. On the taking of the poll the chairman shall preside and the secretary shall record the votes as they are given as in form C in the schedule to this Ordinance. 1901, c. 29, s. 67. Closing poll 68. The poll shall remain open for two hours at the end of which time it shall be closed by the chairman who shall sum u|) the votes and declare the result. 1901, c. 29, s. 68. Copy of minutes for department 69. A copy of the minutes of every annual meeting signed by the chairman and the secretary of such meeting shall be forthwith transmitted to the department. 1901, c. 29, s. 69. In Town Districts. Sefo"'' '^^' '^^ annual meeting of the ratepayers of every town meeting dlstrict shall bc held at the same time and place as may be 864 s. 74 SCHOOLS Cap 75 18 appointed for the nomination of councillors or aldermen. 1901 , c. 29, s. 70. 71. The trustees of every town district shall give notice to Notice to the secretary-treasurer of the municipality on or before the '"""''''''^'''' fifteenth day of November in each year of the number of vacancies required to be filled to make the board complete; and they shall on or before the first day of December in each year furnish the secretary-treasurer of the municipality with a list of the resident ratepayers within any portion of the district List of which is not included in the limits of the municipality which not^?^'"^ list shall be delivered to the returning officer by the said secretary- ">""'"?=''■«> treasurer. (2) In the list of qualified voters to be delivered to the return- Supporters ot ing officer by the secretary-treasurer of the municipality before scSoots to be ' the opening of the poll the secretary-treasurer shall place opposite '•■^""eu'shed the names of any persons on the said list who have been. re- turned to him as supporters of separate schools the letters Nobaiiot to "S.S.S.," and the returning officer shall not deliver to any such person a ballot paper for public school trustees. [(3) Upon a rural or village district becoming a town district the first election for trustees shall be held at the time pre- scribed in this Ordinance for the annual election of trustees and at such election there shall be elected two trustees for a term of two years and one trustee for a term of one year and the two trustees of the district whose terms have not expired shall continue to hold office for the terms for which they were respectively elected.] 1901, c. 29, s. 71; 1903, 2nd session, c. 27, s. 6. 73. In every case in which notice is given as aforesaid the Municipal nomination and election of trustees shall be held at the same be°uJe "^ '" time and place and by the same returning officer or officers and conducted in the same manner as municipal nominations and elections of councillors except as to qualification to vote which shall be as provided for in this Ordinance; and the pro- visions of The Munici'pal Ordinance respecting the time for receiving nominations and for opening and closing the poll, the mode of voting, corrupt or improper practices, vacancies and declarations of office shall mutatis mutandis apply to the election of school trustees. 1901, c. 29, s. 72. 73. A separate set of ballot papers shall be prepared by the BaiioUor returning officer containing the names of the candidates nomi- eiectio"!. nated for school trustees of the same form as those used for councillors except in the substitution of the words "school trustee" for "councillor" or "alderman" on said ballot paper. 1901, c. 29, s. 73. 74. In case any objection is made to the right of any person objejjtbn to vote at an election of trustees in any town district the 865 19 Cap. 75 SCHOOLS s. 74 returning officer may require the person whose right of voting is objected to to make the following oath or affirmation. I, A.B., do solemnly swear or affirm that I am a bona fide resident ratepayer of (give name of district in full) and have paid all taxes due by me to the said school district; that I am of the full age of twenty-one years; that I have not before voted at this election; and that I have not received any reward either directly or indirectly nor have I any hope of receiving any reward for voting at this time and place. So help me God. Note. — In the case of an affirmation the words "So help me God" shall be omitted. And every person making such declaration shall be per- mitted to vote for the election of trustees. 1901, c. 29, s. 74. Reports and statements for annual meeting Ma\ not be read May be published 75. At the annual meeting held in any town district the reading of any or all of the reports mentioned in section 60 of this Ordinance may be omitted upon a resolution being passed to that effect by the ratepayers present but any rate- payer of the district shall have access to such reports and statements either during or after the meeting is held; and the board if it deem it advisable or upon being authorized to do so by resolution of the ratepayers at the annual meeting may have any or all of such reports or statements or any parts of them except the inspector's reports printed in a newspaper published in the district. 1901, c. 29, s. 75. Return for department 76. Within ten days after the annual election of trustees in any town district is held the secretary of the district shall forward to the department a certified copy of the returning officer's declaration as to the result of the poll. 1901, c. 29, s. 76. Contested Elections in Toirni and Village Districts. Contested elections 77. In case the validity of the election of any school trustee in any town or village district is contested the same may be tried by a judge of the supreme court in chambers; and any ratepayer of the district may be the relator for the purpose; and the judge shall in such case have the like powers as in case of contested elections of councillors under The Municipal Ordinance; and the proceedings and rules which obtain in such cases shall mutatis mutandis be followed and observed in such contested elections of school trustees. 1901, c. 29, s. 77. DEFERRED SCHOOL MEETINGS. Provisions 78. In case from want of proper notice or other cause any meetingrare "^ first, anuual Or othcr school meeting required to be held under not held ^]^jg Qi-diuance is not held at the proper time it shall be the 866 s. 83 SCHOOLS Cap. 75 20 duty of the secretary of the board when required to do so by any two resident ratepayers or by the commissioner to call a meeting of the ratepayers by posting notices in the manner j^^^;^^ ^^^ prescribed by the Ordinance for such meeting; and the meeting powers of thus called shall possess all the powers and perforni all the ^^"""^^^'"^ duties of the meeting in the place of which it was called. 1901, c. 29, s. 78. SPECIAL MEETINGS OF RATEPATERS. 79. A special meeting of the ratepayers of any district may Special be held at any time for any necessary purpose not otherwise '"''°''"°'' provided for by this Ordinance. 1901, c. 29, s. 79. 80. It shall be the duty of the secretary of the board to Notice of and call any special meeting when required to do so : (a) By the board ; (6) By the commissioner; (c) By an inspector ; (d) In town and village districts by a request in writing signed by ten resident ratepayers; (e) In rural districts by a request in writing signed by a majority of the resident ratepayers. (2) The notices calling a special meeting shall set forth the purpose of the meeting and shall be posted in the manner provided for notices of annual meetings in rural and village districts. 1901, c. 29, s. 80. 81. At the meeting so held the ratepayers present shall T_ran^^|ction elect a chairman and secretary and no business shall be con- notice sidered by the meeting other than that mentioned in the notices calling the same. 1901, c. 29, s. 81. AUDIT. 83. The books and accounts of every rural and village district Audit in rural shall be audited in each year prior to the annual meeting by ^^'Jj'i'f ^^ an official auditor in the manner prescribed by the regulations of the department. (2) The fee payable for such audit shall be in the case of rural districts $3 and in the case of village districts $5 and shall be paid out of the funds of the district. 1901, c. 29, s. 82. 83. In every town district it shall be the duty of the auditor Au^^t^^^.^^^ of the municipality to audit the books and accounts ot such district in each year for which he shall receive no special remun- eration out of the funds of the district. 1901, c. 29, s. 83. 867 21 Cap. 75 SCHOOLS s. 84 BOARD OF TRUSTEES. Number of Members. Rural and village districts Town districts 84. In rural and village districts there shall be three trustees each of whom after the first election shall hold office for three years and in town districts there shall be five trustees each of whom after the first election shall hold office for two years. (2) Every trustee shall hold office until his successor is appointed. 1901, c. 29, s. 84. Corporate name Trustees a Body Corporate. 85. The trustees of every district shall be a corporation under the name of "The Board of Trustees for the School District No of the North-West Territories. " 1901, c. 29, s. 85. Organization of Board. o/office''°" ^^" Within ten days after his election at any meeting other than the first school meeting every trustee shall make the declaration of office provided for in section 37 of this Ordinance. 1901, c. 29, s. 86. Time of first meeting 87. The board shall meet within ten days after such annual meeting or in the case of town districts within the first ten days of January in each year for the purpose of organizing and transacting such other business as may be required. 1901^ c. 29, s. 87. Appointment of (.-fficers Sala 88. At the meeting thus held the board shall appoint a chairman and shall also appoint a secretary and a treasurer or a secretary-treasurer who shall respectively hold office during the pleasure of the board and shall be allowed such remunera- tion as the board may fix. (2) Any member of the board other than the chairman may be appointed secretary, treasurer or secretary-treasurer. (3) The teacher of a school district may be appointed secre- tary but not treasurer or secretary-treasurer. 1901, c. 29^ s. 88. Board Meetings. 89. A meeting of the board may be called by the chairman or any trustee. 1901, c. 29, s. 89. 90. Every regular or special meeting of the board shall be called by giving two clear days' notice in writing which notice may be given by delivering such notice to each trustee or in the absence from his residence of any trustee to any adult person thereat: 868 s- 95 (2) SCHOOLS Cap. 75 22 Provided that the board of any tlistrict may at any meeting at which all the members of the board are present decide by resolution to hold regular meetings of the board and such Regular resolution shall state the day, hour and place of every such '"'"'''"^'' meeting and no further or other notice of any such meeting shall be necessary. (2) The board may by unanimous consent waive notice ofwaivorof meeting and hold a meeting at any time which consent shall""''™ be subscribed to by each member of the board and shall be recorded in the minutes of the meeting in the following form: We, the undersigned trustees of ..S.D., hereby waive notice of this meeting. :■ Trustees. 1901, c. 29, s. 90. 91. No act or proceeding of any board shall be deemed valid corporate acts or binding on any party which is not adopted at a regular or special meeting at which a quorum of the board is present. (2) A majority of the board shall form a quorum. 1901, Quorum c. 29, s. 91. 93. If the number of trustees be reduced to one that one one trustee shall immediately take the necessary steps to fill the vacancies ""' '" '"" in the board but he shall not transact any other business of the district. 1901, c. 29, s. 92. 93. All questions shall be submitted to the board on the Motions motion of the chairman or any other trustee and no seconder shall be required. 1901, c. 29, s. 93. 94. At all meetings of the board all questions shall be decided votes of by the majority of the votes and the chairman shall have the right to vote but in case of an equality of votes the question shall be decided in the negative. (2) In case of absence of the chairman from any meeting of chairman the ijoard the trustees present shall elect one of their number''™ to act as chairman of the meeting. 1901, c. 29, s. 94. Duties of Trustees and Their Officers. 95. It shall be the duty of the board of every district and Duties of •^ trustees it shall have power: 1. To appoint a chariman, a secretary and treasurer or aA^poi; secretary-treasurer and such other officers and servants as may ° be required by this Ordinance; 2. To procure a corporate seal for the district; Procure seal 869 )int hcers 23 Cap. 75 SCHOOLS s.95(3) Reports Records and accounts Books Property School accom- modation School grounds, buildings and equipment Drinking water Stable Insurance Library Reference books and apparatus Authorized texts Indigent persons 3. To see that all the reports and statements required by this Ordinance or by the commissioner are transmitted to the department without delay; 4. To keep a record of the proceedings of each meeting of the board signed by the chairman and secretary and see that true accounts both of the school and district are kept and that the affairs of the district generally are conducted in the manner provided by this Ordinance and with due regard to efficiency and economy; 5. To provide the officers of the board with the books neces- sary for keeping proper records of the district; 6. To take possession and to have the custody and safe keeping of all the property of the district; 7. To provide adequate school accommodation for the pur- poses of the district; 8. To purchase or rent school sites or premises, and to build, repair, furnish and keep in order the school house or houses, furniture, fences and all other school property; to keep the well, closets and premises generally in a proper sanitary con- dition; and to make due provisions for properly lighting, heating, ventilating and cleaning the school room or rooms under its control and if deemed advisable to purchase or rent sites or premises for a house for the teacher and to build, repair and keep in order such house; 9. To provide wholesome drinking water for the use of the children during school hours ; 10. To provide separate buildings for privies for boys and girls. The buildings shall be erected in the rear of the school house at least ten feet apart, their entrances facing in opposite directions or otherwise effectually screened from each other. 11. To erect and keep in order if deemed advisable suitable stabling accommodation ; 12. To insure and keep insured the school buildings and equipment ; 13. To provide when deemed expedient a suitable Ubrary for the school and to make regulations for its management; 14. To select and provide from the list authorized by the commissioner all such reference books for the use of pupils and teachers and all such globes, maps, charts and other apparatus as may be required for the proper instruction of pupils; 15. To require that no text books or apparatus be used in the school under its control other than those authorized by the department; IG. To exempt in its discretion from the payment of school taxes wholly or in part any indigent persons resident within the district and where deemed necessary to provide for the 870 her s s. 97 (1) SCHOOLS Cap. 75 24 children of such persons text books and other suppUes at the expense of the district; 17. To engage a teacher or teachers duly qualified under the Engage regulations of the department to teach in the school or schools in its charge on such terms as it may deem expedient; the contract wherefor shall be in writing and may be in form pre- scribed by the commissioner and a certified copy of such contract shall forthwith be transmitted to the department; 18. To suspend or dismiss any teacher for gross misconduct, Suspend neglect of duty or for refusal or neglect to obey any lawful tJacS"*^ order of the board and to forthwith transmit a written state- ment of the facts to the department; 19. To see that the school is conducted according to the conduct ot provisions of this Ordinance and the regulations of the^"*'""' department; 20. To provide for the payment of teachers' salaries at least Teache; once in every three months; "^'^''^ 21. To make regulations for the management of the school Managrement subject to the provisions of this Ordinance and to communicate them in writing to the teacher; 22. To provide in the case of graded schools when deemed Admit std. i expedient at what times pupils may be admitted to Standard I ; ^"^' ' 23. To settle all disputes arising in relation to the school Disputes between the parents or children and the teacher; 24. To suspend or expel from school any pupil who upon suspend or investigation by the board is found to be guilty of truancy,""''^'''"'"'* open opposition to authority, habitual neglect of duty, the use of profane or improper language or other conduct injurious to the moral tone or well being of the school; 25. To see that the law with reference to compulsory educa- Truancy tion and truancy is observed; 26. To perform such other duties as may be required by General this Ordinance or the regulations of the department. 1901, c. 29, s. 95. 96. It shall be the duty of the chairman of the board: ^^'^Izf^ 1. To have the general supervision of the affairs of the district; 2. To certify all accounts against the district passed by the board before such accounts are paid by the treasurer. 1901, c. 29, s. 96. 97. It shall be the duty of the secretary or secretary-treasurer ^^,^^, „f of the board : 1. To keep a full and correct record of the proceedings of Minutes every meeting of the board in the minute book provided for that purpose and to see that the minutes when confirmed are signed by the chairman ; 871 25 Cap. 75 SCHOOLS s. 97 (2) Correspondence 2. To conduct the correspondciice of the board as he may be directed by the board; 3. To have charge of and keep on record all the books, papers, accounts, assessment rolls, plans, and maps committed to his charge by the board during his term of office and deliver the same to the chairman on ceasing to hold office; 4. To faithfully prepare and duly transmit to the depart- ment such reports and statements and such other information in regard to the district as may from time to time be required by the commissioner and in such form as may be provided by the commissioner; 5. To call at the request in writing of the chairman or any trustee a meeting of the board; 6. To produce the minute and other books, assessment rolls and all papers and other records of the board for inspection when required by an inspector to do so ; 7. To prepare the statement of the trustees to be submitted at the annual meeting of the ratepayers; 8. To give the notice required by this Ordinance of each annual meeting of the ratepayers and to call special meetings of the ratepayers as provided by section 80 of this Ordinance. 1901, c. 29, s. 97. Books and papers ot district Reports to department Call meeting of board Produce book: and papers Prepare statement Notices Duties of treasurer Treasurer's bonds Renewal of bond Liability of trustees Form of bond 98. It shall be the duty of the treasurer or secretary-treasurer of the board : 1. To give security to the board before entering upon his duties by a bond signed and acknowledged in duplicate before a commissioner, notary public or justice of the peace and such security shall be given by at least two solvent sureties jointly and severally to the satisfaction- of the board or he may furnish in lieu thereof a guarantee bond from any guarantee company authorized to do business in Canada to the amount of any moneys for which the treasurer may at any time be responsible whether arising from the school fund or from any particular contribution or donation paid into his hands for the support or benefit of the district and such security shall be renewed at the beginning of each year or renewed at other times or changed whenever renewal or change is required by the board. The members of any board failing to take such bond or security from its treasurer shall be jointly and severally liable for his default to the extent of the sum for which such bond should have been taken: Provided that when the majority of the board refuse or neglect to take security from the treasurer on the demand of any trustee such demand being duly recorded in the minutes such trustee shall be relieved from all personal liability in case of the default of such officer. Such bond may be in form prescribed by the commissioner and a duplicate copy thereof shall be forthwith transmitted by the board to the department; 872 s. 99 (2) SCHOOLS Cap. 75 26 2. To receive all school moneys collected from the ratepayers Receive school or other persons for the purposes of the district of which he is """"^^^ treasurer and to disburse such moneys in the manner directed by the board ; 3. To pay all accounts against the district only when they Pay accounts are certified by the chairman of the board; 4. To keep in a cash book provided for the purpose a complete Keep cash and detailed record of all moneys received and disbursed for''°°'' school purposes including government grants which may have been paid directly to the teacher; 5. To give and take receipts for all school moneys received Receipts and paid out and to keep on file all vouchers of expenditure; 6. To close and balance the books of the district at the end ciose books of the school year which shall be on the 31st day of December in each and every year; 7. To produce when called for by the trustees,auditor,school ^^^''^"„'J^^°°3^'' inspector or other competent authority all books, vouchers,''" papers and moneys belonging to the district and to hand over the same to the trustees or any person named by them upon his ceasing to hold office; 8. To prepare at the end of each year and in the manner Prepare provided by this Ordinance a statement of the finances of the '''^'^'"^" district to be submitted to the annual meeting of the rate- payers; 9. To faithfully prepare and duly transmit to the department Report, to such reports and statements with reference to the finances of ''<=p^'""™' the district as may from time to time be required by the commissioner and i!n such form as may be provided by the commissioner. 1901, c. 29, s. 98. Half Yearly and Yearly Returns. 99. The board of every district shall cause to be prepared Ret™ ^ by the proper officers of the district and transmitted to the department the half yearly and yearly returns respecting attendance and classification of pupils and the finances of the district which returns shall be in form prescribed by the com- missioner. (2) In case the board of any district neglects or refuses to Penaj^tHor have prepared and transmitted to the department such halt forward yearly and yearly returns within thirty days from the close ■^'= "■•"'' of the half year or year as the case may be such district shall forfeit the sum of $10 out of any government grant which may have been earned and to which the district is entitled tor each week that the returns are delayed and the trustees through whose neglect or refusal such sums have been forfeited shall be jointly and severally responsible for the amount thus lost j^.^^.,.^y ^^ to the district which amount may be recovered by action in trustees the supreme court of the Territories by any person authorized by the commissioner to bring such action. 1901, c. 29, s. 99. 873 27 j&p. 75 SCHOOLS s. 100 Notice of resig^nation Resignation of Trustees. 100. Any trustee wishing to resign may do so by sending notice in writing to the remaining member or members of the board who shall immediately take the necessary steps to fill the vacancy and such resignation shall only take effect upon the election of a new trustee. (2) A trustee who resigns his office may be re-elected with his own consent. 1901, c. 29, s. 100. Seat vacated by conviction for crime, etc. Disqualification of Trustees. 101. Any trustee who is convicted of any felony or mis- demeanour or becomes insane or absents himself from the meetings of the board for three consecutive months without being authorized by resolution entered upon its minutes or ceases to be an actual resident within the district for which he is a trustee shall ipso facto vacate his seat and the remaining trustee or trustees shall declare his seat vacant and forthwith order a new election to fill any vacancy thus created. 1901, c. 29, s. 101. Seat vacated by interest in contract with corporation 103. No trustee shall take or possess any pecuniary interest, profit or promise or expected benefit in or from any contract, agreement or engagement either in his own name or in the name of another with the corporation of which he is a member or shall receive or expect to receive any compensation for any work, engagement, employment or duty on behalf of such corporation except as secretary, treasurer, secretary-treasurer or for a school site. (2) Any trustee violating any of the provisions of this section shall thereby forfeit his seat and the remaining trustees shall declare the seat vacant and it shall thereby become vacant and an election to fill the vacancy so created shall be held forthwith. 1901, c. 29, s. 102. Elections to Fill Vacancies. Time of election 103. When any vacancy is created in the board of any village or rural district it shall be the duty of the remaining trustee or trustees in office to forthwith call a special meeting of the ratepayers of the district to elect the required number of trustees to complete the board : Provided that if any vacancy is not filled within one month the commissioner may appoint some qualified person to fill the same. 1901, c. 29, s. 103. Conduct of election — rural and villag-e districts 104. In rural and village districts the election of a trustee to fill any vacancy shall only be held at a special meeting called for the purpose and in the same manner as at the annual meeting except that nominations shall be received by the chairman 874 s. 108 (2) SCHOOLS Cap. 75 28 for thirty minutes from ten o'clock in the forenoon and the poll shall remain open for two hours after nominations close. (2) In town districts the election of a trustee to fill any Town districts vacancy shall be held in the same manner as is provided by this Ordinance for the annual election of trustees in town districts. 1901, c. 29, s. 104. 105. A trustee elected to fill a vacancy shall hold office Term of office only for the unexpired te^-m of the person in whose place he"'"^'^"""" has been elected and he shall within ten days after his election take the declaration of office provided for in section 37 of this Ordinance. 1901, c. 29, s. 105. BORROWING POWERS OF DISTRICT. By Note. 106. The board of any district may by resolution authorize For curren its chai-'man and treasurer to borrow from any person, bank or '"'"'"'^^ corporation such sum of money as may be required to meet the expenditures of the district until such time as the taxes levied for the current year are available and such loan shall be repaid out of and shall be a first charge upon the taxes which are collected for the year in which the loan was made and may be secured by the promissory note or notes of the chairman and treasurer given on behalf of the board. 1901, c. 29, s. 106. [by debenture.] [107. Should it appear desirable to the board of any district LuMintrlttf ' that a sum of money should be borrowed upon the security of the district for securing, purchasing, adding to, extending, or improving a school site or sites, or a site for a teacher's house, or for purchasing, repairing, erecting, furnishing or adding to any school building or teacher's house or for all or any of the said purposes it shall pass a by-law to that effect which may be in form prescribed by the commissioner or to the like effect and which shall be under the corporate seal of the district. (2) A copy of every such by-law shall be inscribed in the minute book containing a record of the board's proceedings.] 1903, 2nd session, c. 27, s. 7. [108. Within five days from the passing of the by-law the [No^ceof^^ board shall give notice of its intention to apply to the commis- borrow] sioner for authority to borrow the amount specified in the by-law and on the conditions therein set forth. (2) Every such notice shall be in form prescribed by the commissioner and shall be given by notices posted up in at least five widely separated and conspicuous places in the district one of which shall be a post office situated therein and should 875 29 [Demand for poll] Cap. 75 SCHOOLS s. 108 (2) there be no post office in the district a sixth notice shall be posted in the post office nearest thereto.] 1903, 2nd session, c. 27, s. 7. [109. Unless the amount to be borrowed under the by-law does not exceed $800 and is to be borrowed for the purpose of erecting a first school house or for such purpose and other purposes in a district in a town district twenty, in a village district ten and in a rural district four ratepayers of the district may within fifteen days from the date of the posting of notices in the next preceding section mentioned demand a poll of the ratepayers for and against the by-law and such poll shall be held as hereinafter provided in sections 113 to 121. (2) Every demand for a poll shall be delivered to the secre- tary of the district or in his absence to the chairman of the board and a certified copy of the demand shall be forthwith transmitted to the department.] 1903, 2nd session, c. 27, s. 7. ^rf'iMn'^by''"" [110. In the event of a poll not being required or not being commissioner demanded as hereinbefore provided the secretary of the board when no poll ^ ^^ . i . ■ held] shall transmit to the commissioner — ■ 1. A certified copy of the by-law; 2. A certified copy of the notice provided in section 108 hereof and a statutory declaration proving posting of notices; 3. A statutory declaration stating the amount of assess- able land in the district if a rural district or the assessed value of the real property in the district as shown by the last revised assessment roll if a town or village district; and upon receipt of the same and upon being satisfied that the several conditions required by this Ordinance have been sub- stantially complied with the commissioner may in writing authorize the board of trustees to borrow the sum or sums of money mentioned in the by-law or a less sum and shall publish notice of authorization in the official gazette.] 1903, 2nd session, c. 27, s. 7. Notice of polling] [111. In the event of a poll being demanded as provided by section 109 hereof the board shall by resolution fix the time and place for holding the same and shall give notice in form prescribed by the commissioner or to the like effect of such time and place of polling by notices posted up in at least five widely separated and conspicuous places throughout the district at least fourteen clear days before the polling one of which notices shall be posted in the post office situated within the district and should there be no such post office a sixth notice shall be posted in the post office nearest thereto.] 1903, 2nd session, c. 27, s. 7. 876 s. 120 SCHOOLS Cap. 75 30 113. A certified copy of the by-law and of the notice of polling copy of by-iaw shall be forwarded forthwith to the commissioner bv the secretary 5"'' "°'''''' '^°' of the board. 1901, C. 29, S. 112. department 113. The chairman of the board or some person appointed Returning by it shall be returning officer for the poll to be taken and theS'''"''''"" secretary of the board or some person appointed by the return- ing officer shall be poll clerk. 1901, c. 29, s. 113. 114. At the time and place appointed in the notice the Opening poii returning officer shall declare the poll open and the poll clerk shall record the votes as they are given in a poll book which may be in form F in the schedule to this Ordinance. 1901, c. 29, s. 114. 115. A copy of the notice of polling shall be kept in a con- Post notice spicuous place where the vote is taken. 1901, c. 29, s. 115. 116. Every ratepayer except the returning officer who has voters paid aU taxes due by him to the district shall be entitled to vote on the by-law. 1901, c. 29, s. 116; 1903, 2nd session, c. 27, s. 8. 117. The returning officer shall admit any two ratepayers scrutineers who have respectively voted yea and nay into the polling place to act as scrutineers and on demand allow either or both of them to see any vote recorded in the poll book. 1901, c. 29, s. 117. 118. The returning officer shall if requested by any rate- voters payer or of his own accord require any person tendering a ''^'''''™''°" vote to subscribe to the declaration in form B (c) in the schedule to this Ordinance and any person subscribing to such declara- tion shall be permitted to vote. ; (2) Every such declaration shall be subscribed to in the presence of the returning officer and poll clerk who shall sub- scribe their names as witnesses thereto. (3) All declarations made under the provisions of the next preceding section shall be retained by the returning officer. 1901, c. 29, s. 118. 119. If a person who desires to vote refuses or fails to sign Record refusal the declaration when required to do so the poll clerk shall declaration write in the column headed "remarks" in the poll book the words "refused declaration" and the person so refusing shall at once leave the polling place and shall not be allowed to enter it again or vote. 1901, c, 29. s. 119. ^ ^ fals declaration 130. Any person subscribing to a declaration form B (c)f'™^[4- containing any false statement shall be guilty of an offence ""■•^■° and liable on summary conviction to a penalty not exceeding 1901, c. 29, s. 120. 877 31 Cap. 75 SCHOOLS s. 121 Closing poll Complaints re conduct of poll Returning" officer's returns to commissioner 131. At the time appointed in the notice of voting the returning officer shall close the poll, sum up the votes and declare the result. (2) In the case of a tie the returning officer shall give a casting vote. 1901, c. 29, s. 121. 133. Should any ratepayer of the district make a complaint in writing to the returning officer within three days next after the taking of the poll with regard to the manner in which the poll was conducted the right of any person to vote or the result of the voting the returning officer shall forthwith notify such ratepayer in writing of the time and place within seven days of the day of voting when he shall appear before a justice of the peace for a final recount of votes and when all complaints which may have been made shall be heard. 1901, c. 29, s. 122. 133. In case no such complaint is duly lodged with the returning officer he shall at the expiration of three days after the taking of the poll forthwith forward to the commissioner a certified copy of the poll book showing the total number of votes cast for and against the by-law and he shall make an affidavit which shall be inscribed thereon that the poll was conducted throughout in the manner provided by this Ordi- nance or with such exception as he shall mention that the returns contained therein are correct and that no complaints as provided for by the next preceding section were received by him. 1901, c. 29, s. 123. Proceedings 134. jn the eveut of any complaint being made as aforesaid berore justice or . in ic -. peace the rctummg officer shall appear before a justice oi the peace at the time and place appointed and he shall deliver to the justice of the peace the poll book used by him at the poll and shall make an affidavit before the justice of the peace which shall be written in or upon such book that the election has been conducted throughout in the manner provided by this Ordinance or with such exceptions as he shall mention and that the returns contained therein are correct. (2) The justice of the peace shall then receive and record in writing any complaint that may be made under oath by any person relative to the conduct of the voting and shall examine into and decide such complaints by taking evidence under oath. 1901, c. 29, s. 124. Security for costs 135. Before proceeding to the hearing of any complaint the justice of the peace shall require the complainant to deposit with him such sum not being less than $25 nor more than $100 as may seem necessary to him to cover the costs of the hearing of the complaint which costs shall be paid according to the decision of such justice of the peace. 1901, c. 29, s. 125. Proceedings ±26. If it bc found that the proceedings in taking the vote essentially . . r- _ o o _ irregular havB Deeu irregular in any essential particulars and that injus- 878 s- 128 (3) SCHOOLS Cap. 75 32 tice has thereby been done the poll shall be declared null and void and of no effect and the justice shall forthwith forward to the department a full report to that effect. (2) If it be found that any vote has been cast by any person corrupt not duly qualified to vote or on account of bribery or intimida- p'^'"'"" tion it shall be struck off the poll book. 1901, c. 29, s. 126. 127. When all complaints have been heard and decided Ke'v"' ''>• upon and the corresponding alterations duly made in the pollto1epa"tmenr book the justice of the peace shall finally sum up the votes cast and shall forward to the departmeat a return in form G in the schedule hereto or to the like effect showing the total number of votes taken and the number remaining on each side after the recount. 1901, c. 29, s. 127. 128. Upon receipt of the return mentioned in section 123 App™.^-^) of ■*■ 1 (» 1 • commissioner or section 127 hereof and upon bemg satisfied that the several conditions required by this Ordinance have been complied with the commissioner may in writing authorize the board of trustees to borrow the sum or sums of money mentioned in the by-law and shall publish notice of authorization in the official gazette. The board may thereupon issue a debenture or deben- tures to secure the amount of the principal and interest of the loan so authorized or of any less sum upon the terms specified in the by-law and the debenture or debentures and the coupons thereto shall when signed by the chairman and treas- urer of the district be sufficient to bind the district and create a charge or lien against all school property or rates in the district. (2) The total face value of the debentures issued by any Limit of village or town district shall not be for a greater sum than '^'^''^"'"''^^ one-tenth of the total assessed value of the real property within such district as shown by the last revised assessment roll of the district nor by any rural district for a greater sum than twenty-five cents per acre for each acre assessed as shown by the last revised assessment roll of the district,- [or in case there has been no revised assessment roll for each acre assessable as shown by the statutory declaration required by paragraph 3 of section 110]. (3) Debentures shall not run for a longer term than twenty Term of years if the school buildings are of brick, brick veneer, concrete '*=''^"'"''' or stone nor for a longer period than ten years if the buildings are of frame or log: [Provided that in the event of the first instalment of principal Provisos and interest of any debenture being made payable at any time after one year from the date of the debenture as provided by subsection 5 hereof such debenture may run for such longer term than ten, twenty or thirty years as the case may be as may be necessary to allow of repayment in ten, twenty or thirty years as the case may be from the date of the payment of the first instalment of principal and interest: 879 33 Cap. 75 SCHOOLS s. 128 (3) Date and form of debenture Provided further that in the case of town districts the deben- tures thereof may be made to run for a term not exceeding thirty years if the school buildings are of solid brick, concrete or stone.] (4) Debentures shall not carry interest at a greater rate than eight per centum per annum. [(5) Debentures may be dated at any time within twelve months from the date on which notice of the authorization of the loan appears in the official gazette and the first instalment of principal and interest may be made payable at any time within eighteen months of the date of the debenture and the debenture shall be in the following form or to the like effect: Debenture No. School District No. Territories. of the North-West The Board of Trustees {or official trustee as the case may he) of School District No. of the North-West Territories promise to pay the bearer at the at the sum of dollars of lawful money of Canada in equal consecutive annual instalments with interest at the rate of per cent, per annum on the terms and in the amounts specified in the coupons attached hereto. Dated this day of 19 A.B. Chairman. CD. Treasurer {or Official Trustees.) COUPONS. Coupon No. Debenture No. The Board of Trustees of School District No. of the North-West Territories {or official trustee as the case may he) will pay to the bearer a the at on the day of 19 the sum of dollars being the instalment of principal with the total interest at the rate of per cent, per annum due on that day on School Debenture No. A.B. Chairman. CD. Treasurer {or Official Trustee).] 1901, c. 29, s. 128; 1903, 2nd session, c. 27, ss. 9 and 10; 1904, c. 9, s. 1. 880 s. 133 SCHOOLS Cap. 75 34 129. Every debenture before being issued shall be sent for Registration registration to the commissioner who shall cause a proper record to be kept of the same. 1901, c. 29, s. 129. 130. The commissioner shall thereupon if satisfied that the Commissioner requirements of this Ordinance have been substantially com- countersign plied with and if the authority to make the loan has not been withdrawn register and countersign the debenture and such countersigning by the commissioner shall be conclusive evidence that the district has been legally constituted and that all the formalities in respect to such loan and the issue of such debenture have been complied with and the legality of the issue of such debenture shall be thereby conclusively established and its validity shall not be questionable by any court in the Terri- tories but the same shall to the extent of the revenues of the district issuing the same be a good and indefeasible security in the hands of any bona fide holder thereof. 1901, c. 29, s. 130. CONDUCT OF SCHOOLS. Fees. 131. No fees shall be charged by the board of any district Free school on account of the attendance at its school of any child whose parent or lawful guardian is a [taxpayer] of the district; Provided that if the board of any district maintains one orpcesfor more departments in its school exclusively for pupils above g'^pj,'!^^,^/^,^ Standard V as it may be defined from time to time by the regulations of the department it may charge the parent or lawful guardian of any pupil in attendance at any such depart- ment a fee not exceeding nine dollars for the first term and six dollars for the second term in„any year if such parent or lawful guardian is a resident [taxpayer] of the district and in case such parent or lawful guardian is not a resident [taxpayer] of the district a fee not exceeding thirteen dollars for the first term and eight dollars for the second term and all such fees shall be payable at such times and in such amounts as may be determined by the board. 1901, c. 29, s. 131; 1903, 2nd session, c. 29, s. 11. ■ School Terms. 133. The school year shall begin on the first day of January ^^^^ ^^^_^^ and end on the thirty-first day of December and shall be divided into two terms ending the thirtieth day of June and the thirty-first day of December respectively. 1901, c. 29, s. 132. Hours. 133. School shall be held between nine o'clock and twelve schooi^hours o'clock in the forenoon and half-past one o'clock and four''" "'^'''' KK 881 35 Cap. 75 schools s. 133 o'clock in the afternoon of every day standard time not includ- ing Saturdays, Sundays or holidays, but the board may alter or shorten the school hours upon receiving the permission of the commissioner. (2) A recess of fifteen minutes In the forenoon and in the afternoon shall be allowed the children attending school. 1901, c. 29, s. 133. Vacation and Holidays. w".SSvacations 134. lu any school open during the whole year there shall be seven weeks' holidays of which not less than two nor more than six shall be given in summer and not less than one nor more than five in winter to be apportioned at the discretion of the board. The summer holidays shall fall between the second day of July and the thirty-first day of August and the winter holidays shall commence on the twenty-fourth day of December in all schools. (2) The board of any district in which the school is open during the whole year may allow two weeks' additional holidays. (3) When a school is open only during a portion of the year , the board may give holidays not to exceed two weeks beginning on the second day of J uly : Provided that the commissioner may on proper representation being made to him allow the board to give hohdays not exceed- ing two weeks at some other time. 1901, c. 29, s. 134. Holidays j3g_ ^gjj Wednesday, Good Friday, Easter Monday, Arbour Day (second Friday in May), the birthday of the reigning sovereign, Victoria Day, Dominion Day, Labour Day, Thanks- giving Day, Christmas Day, New Year's Day and any day specially appointed as a holiday by the Governor General, the Lieutenant Governor of the Territories, the mayor of a city or town or the reeve of a rural municipality shall be holidays; and it shall be at the discretion of the board to permit any other holidays not exceeding one day at a time. 1901, c. 29, s. 135. Language to be Used. kml'uage 136. All schools shall be taught in the Enghsh language compulsory ]jy^ j^ shall be permissible for the board of any district to cause a primary course to be taught in the French language. langMges may C^) The board of any district may subject to the regulations be taught of the department employ one or more competent persons to give instruction in any language other than English in the school of the district to all pupils whose parents or guardians have signified a willingness that they should receive the same but such course of instruction shall not supersede or in any way interfere with the instruction by the teacher in charge of the school as required by the regulations of the department and this Ordinance. 882 s. 141 SCHOOLS Cap. 75 36 (3) The board shall have power to raise such suras of money special rate fo as may be necessary to pay the salaries of such instructors and"'^P"'^P'"'^ aU costs, charges and expenses of such course of instruction shall be collected by the board by a special rate to be imposed upon the parents or guardians of such pupils as take advantage of the same. 1901, c. 29, s. 136. Religious Instruction. 137. No religious instruction except as hereinafter provided Reiipous shall be permitted in the school of any district from the opening '"^''''""'°" of such school until one half hour previous to its closing in the afternoon after which time any such instruction permitted or desired by the board may be given. (2) It shall however be permissible for the board of any ^;_^^ f^^ ^^^ district to direct that the school be opened by the recitation Lord's Prayer of the Lord's prayer. 1901, c. 29, s. 137. 138. Any child shaU have the privilege^of leaving the school ^o'^'^;,^,^^""'" room at the time at which religious instruction is commenced f^f|."|/'='''^'°"^ as provided for in the next preceding section or of remaining without taking part in any religious instruction that may be given if the parents or guardians so desire. 1901, c. 29, s. 138. 139. No teacher, school trustee or inspector shall in any^oe^-p^itobe way attempt to deprive such child of any advantage that it "^^JT^^^ry ^ might derive from the ordinary education given in such school and any such action on the part of any school trustee, inspector or teacher shall be held to be a disquaUfication for and voidance of the office held by him. 1901, c. 29, s. 139. Kindergarten Classes. 140. Kindergarten classes may be established in any school Ages and fees for the teaching and training of children between the ages of four and six years according to kindergarten methods and in such school a fee may be charged not exceeding f 1 per month for each pupil to cover cost of maintaining such department. 1901, c. 29, s. 140. Night Classes. 141. The board of any district may engage a qualified teacher How and make necessary arrangements at the expense of the district """"'^'"^ for the maintenance of a night school: Provided that if the school is kept open for one month a fee Fees may be charged of not more than $2 per month for each month or portion of month that the pupil is in attendance. 1901, c. 29, s. 141. 883 37 Cap. 75 SCHOOLS s. 142 COMPULSORY EDUCATION. Schools to be open all year 143. In every district where there are at least fifteen children- between the ages of seven and fourteen inclusive resident within a radius of one mile and a half from the school house it shall be compulsory for the board of such district to keep the school open the whole year. 1901, c. 29, s. 142. open°ix months 143. In every district where there are at least ten children between the ages of seven years and fourteen years inclusive it shall be compulsory for the board of such district to keep the school in operation at least six months in every year. 1901, , c. 29, s. 143. Compulsory attendance Trustees to lay complaints for non- attendance 144. Every parent, guardian or other person resident in a school district having charge of any child or children between the ages of seven and twelve inclusive shall be required to send such child or children to school for a period of at least sixteen weeks in each year at least eight weeks of which time shall be consecutive; and every parent, guardian or other person who does not provide that every such child under his care shall attend school or be otherwise educated shall be subject to the penalties hereinafter provided. 1901, c. 29, s. 144. 145. It shall be the duty of the board of every district or any person authorized by it after being notified that any parent, guardian or other person having control of any child or children neglects or violates the provisions of the next preceding section to make complaint of such neglect or violation to a justice of the peace and the person complained against shall on summary conviction be liable to a fine not exceeding $1 for the first offence and double that penalty for each subsequent offence. 1901, c. 29, s. 145. Justice to investigate cause of non- attendance Excuses to be accepted 146. It shall be the duty of the justice of the peace to ascertain as far as may be the circumstances of any party complained of for not sending his child or children to school or otherwise educating him or them and he shall accept any of the following as a reasonable excuse : 1. That the child is under instruction in some other satis- factory manner; 2. That the child has been prevented from attending school by sickness or any unavoidable cause; 3. That there is no school open which the child can attend within such distance not exceeding two and one-half miles measured according to the nearest passable road from the residence of such child; 4. That such child has reached a standard of education of the same or of a greater degree than that to be attained in the school of the district within which such child resides; 884 s. 151 SCHOOLS Cap. 75 . 38 5. That such parent or guardian was not able by reason of poverty to clothe such child properly or that such child's bodily or mental condition has been such as. to prevent his or her attendance at school or application to study for the period required. 1901, c. 29, s. 146. Truancy. Truant officer 147. The board of any district may appoint a truant" officer who shall for the purposes of this Ordinance be vested with police powers_ and it shall have authority to make regulations for the direction of such officer in the enforcement of the pro- Regulations visions of this Ordinance as it may deem expedient provided such regulations are not inconsistent with any of the provisions of this Ordinance and have been approved by the commissioner. 1901, c. 29, s. 147. 148. If the parent, guardian or other person having the Truant officer legal charge of any child shall neglect or refuse to cause such cmrfplaim child to attend some school within five days after being notified as herein required unless excused from such attendance as provided in this Ordinance the truant officer shall make or cause to be made a complaint against such person before a justice of the peace and such person shall be liable on sum- mary conviction to a fine not exceeding $1 and costs for the first offence and double that penalty for each subsequent offence : Provided that in other than town districts the provisions of the foregoing clauses relating to truancy shall not apply to children who may reside more than one mile from the school house. 1901, c. 29, s. 148. TEACHER. Quali'fication. 149. No person shall be engaged, appointed, employed or Trustees to retained as teacher in any school unless he holds a valid qulufld certificate of qualification issued under the regulations of the'''''''" department. 1901, c. 29, s. 149. Engagement and Dismissal. 150. A teacher shall not be engaged except under the Teache^r^mus^t^ authority of a resolution of the board passed at a regular or board meeting special meeting of the board. 1901, c. 29, s. 150. 151. The contract entered into shall be in the form pre- f<;'--^°[ scribed by the commissioner and such form may be altered or amended as may be mutually agreed upon by the contracting parties provided such alterations or amendments are not incon- sistent with any of the provisions of this Ordinance or the regulations of the department. 1901, c. 29, s. 151. 885 39 Cap. 75 SCHOOLS s. 152 Parties signed by Dismissed teacher may appeal Every three months 153. The contract shall be deemed valid and binding if signed by the teacher and by the chairman on behalf of the board. 1901, c. 29, s. 152. 153. Any teacher who has been suspended or dismissed by the board may appeal to the commissioner who shall have power to take evidence and confirm or reverse the decision of the board and in the case of reversal he may order the rein- statement of such teacher: Provided that in case there is no appeal to the commissioner or in the event of an appeal if the decision of the board is sustained the teacher shall not be entitled to salary from and after the date of such suspension or dismissal. 1901, c. 29, s. 153. Payment of Teachers. 154. Every teacher shall be paid the amount of salary due to him at least once every three months and it shall be the duty of [the board to make due provision for such payment. 1901, c. 29, s. 154. How to estimate teacher's salary Salary in case of sickness 155. The salary of a teacher who has been engaged in any district for four months or more continuously shall be esti- mated by dividing the rate of salary for the year by 210 and multiplying the result obtained by the number of actual teaching days within the period of his engagement : Provided that if a teacher has taught more than 210 days in any calendar year he shall only be entitled to a year's salary. 1901, c. 29, s. 155. 156. Every teacher in case of sickness certified by a qualified medical practitioner shall be entitled to his salary during such sickness for a period not to exceed four weeks for the entire year which period may be increased bv the board. 1901, c. 29, s. 156. Payment of salary Teaching Discipline 157. A teacher whose agreement with a board has expired or who is dismissed by them shall be entitled to receive forthwith aU moneys due him for his services as teacher while employed by said board; if such payment be not made by the board or tendered to the said teacher he shall be entitled to recover the full amount of his salary due and unpaid with interest in any court of competent jurisdiction. 1901, c. 29, s. 157. Duties of Teacher. 158. It shall be the duty of every teacher : 1. To teach diligently and faithfully all the subjects required to be taught by the regulations of the department; 2. To maintain proper order and discipline and to conduct and manage the school according to the regulations of the department; 886 s- 158 (13) SCHOOLS Cap. 75 40 3. To keep in a conspicuous place in the school room a time Time taWe table which shall show the classification of pupils, the subjects taught each day in the week, the length of each recitation period and the seat work given; and to submit such time table to the inspector for his approval and signature on the occasion of his visit to the school; 4. To keep in the prescribed form the school registers and Register to give access to them to trustees, officers of the board, in- spectors and any other person authorized thereto by the com- missioner; 5. To make at the end of each term or at any other time Promotions such promotions from one class or standard to another as he may deem expedient subject to the ratification of the inspector at his next visit; 6. To hold during each year a public examination of hispuwic school of which he shall give due notice to the board and through'''"""'"'''"'"^ the pupils to their parents or guardians ; 7. To send monthly to the parents or guardian of each pupil Monthly if required by the board a report of the pupils' attendance, "^^^""^'^ conduct and progress; 8. To encourage the observance of Arbour Day by holding Arbour day suitable exercises, to take an interest in the cleanliness and tidiness of the school grounds and to secure the co-operation of trustees and parents in planting trees and shrubs about the school; 9. To give strict attention to the proper heating, ventilation sanitary and eleanhness of the school house and to the condition of the schooi'mom outhouses in connection with the same and to report to the board any defect with respect thereto; 10. To exercise vigilance over the school property, thecareof buildings, fences, furniture and apparatus so that they mayP'""""' not receive unnecessary injury and to give prompt notice in writing to the board of any such injury; 11. To report to the secretary of the board any necessary Needed repairs repairs to the school buildings or furniture and any required supply of fuel, drinking water, furniture or equipment; 12. To see that the provisions of clause 10 of section 95 oft-Hvies this Ordinance have been complied with and if not to report to the board and in case of any neglect on the part of the board to notify the commissioner; 13. To notify the chairman of the board whenever he has contagious reason to believe that any pupil attending school is affected ^'"''"^' with or exposed to small pox, cholera, scarlatina, diphtheria, whooping cough, measles, mumps or other infectious or con- tagious disease and to prevent the attendance of any pupil so affected or exposed or suspected of being affected or exposed until furnished with the written statement of a physi- cian or the chairman of the board that such contagious or 887 41 Cap. 75 SCHOOLS s. 158 (13) Suspend pupits Returns to department Give information re school Give up property Attend meeting's infectious disease does not exist or that all danger from exposure to any of them has passed away; 14. To suspend from school any pupil for violent opposition to authority and to forthwith report in writing the facts of such suspension to the board which may take such action with regard thereto as it may deem necessary; 15. To assist the board and its officers in making the pre- scribed returns to the department; 16. To furnish the commissioner, the inspector of schools, the board or any person appointed by the commissioner any information which it may be in his power to give respecting anything connected with the operation of the school or in any wise affecting its interests or character; 17. To deliver up any school registers, school house key or other property of the district in his possession when required to do so by a written order of the board; 18. To attend all meetings of the teachers called by the principal where more than one teacher is employed. 1901, c. 29, s. 158. Duties of Principal. Principai and assistants 159.^ In every school in which more teachers than one are employed the head teacher shall be called the principal and the other teachers assistants. 1901, c. 29, s. 159. 160. The principal shall prescribe with the concurrence of the board the duties of the assistants and shall be responsible for the organization and general discipline of the whole school. 1901, c. 29, s. 160. / Teachers' Associations. Meeting:s subject to regulations 161. Any number of teachers may organize themselves into an association and subject to the regulations of the depart- ment may hold conventions and institutes for the purpose of receiving instruction in and discussing educational matters. 1901, c. 29, s. 161. Application for education ot nonresident children Inspector's statement required EDUCATION OF NONRESIDENT CHILDREN. 163. The parent or lawful guardian of any child residing outside the limits of any district may apply to the board for the admission of such child to its school and it shall be the duty of the board to admit such child : Provided always that the board may demand that the application for the admission of any nonresident child be accom- panied by a statement from the inspector of the district to the effect that the accommodation of the school is sufficient for the admission of such child : Provided further that the board may demand from such parent or guardian the payment of school fees at a rate not s. 165 (3) SCHOOLS Cap. 75 42 exceeding four cents per day per family which fees shall be payable monthly in advance and shall be calculated according to the number of actual teaching days in each month 1901 c. 29, s. 162. 163. The parent or lawful guardian of any child residing Resident within the hmits of any district and who is not a [taxpayer] ''''"'''■''" thereof may send his children to the school operated within the district subject to the second proviso of the next preceding section. 1901, c. 29, s. 163; 1903, 2nd session, c. 27, s.ll. 164. Any person not living within a district, may apply to Application ot the board of any district to have his or her property if not have'propert y already included in any other district assessed in such district"''"'^'' to secure the advantages of education for his children and in any such case on the report of an inspector that the accommo- dation of the school room is sufficient for the admission of the children of such person the board shall receive such application and place the said property on the assessment roll of the district and such property shall remain liable to assessment in such district until a new district is estabUshed including the said property; and for the purpose of enforcing payment of taxes and of all remedies therefor the said property shall be deemed to be within the school district on whose assessment roll it is placed. 1901, c. 29, s. 164. CONVEYANCE OF SCHOOL CHILDREN. From One District to Another. 165. Upon a petition hereinafter provided for being trans- Agreement by mitted to the commissioner he may empower the board of any cSucation'^of rural district to enter into an agreement with any other board Ipothl? °^ or boards for the education of the children of its district upon '^■''''''" such terms as may be mutually agreed upon and approved by him and the board entering into any such agreement shall have full power and authority to make the necessary levy and assess- ment for the purpose of carrying out the terms of the agreement and for providing for the conveyance of children to and from school under the provisions of The School Assessment Ordinance: Provided that any such agreement may be terminated by any board a party thereto by giving notice on or before the first day of October in any year and upon such notice being given the agreement shall cease and determine on the last day of the month of December following. (2) The petition for permission to enter into such an agree- ment may be in form prescribed by the commissioner and shall be signed by at least two-thirds of such resident ratepayers of the district as are the parents or guardians of children between the ages of five and sixteen years inclusive. (3) The statements contained in the petition shall be verified by the affidavit of two of the subscribing petitioners and the 889 43 Cap. 75 SCHOOLS s. 165 (3) signatures of the ratepayers signing the petition shall be verified by the affidavit of a subscribing witness thereto. 1901, c. 29, s. 165. Regulations for conveyance 166. The commissioner may subject to the approval of the Lieutenant Governor in Council make such regulations as are deemed necessary and expedient for the proper conveyance of the children as hereinbefore provided and for the keeping of proper records of the number of children conveyed, the distance travelled, the cost of conveyance and such other information as may be desired. 1901, c. 29, s. 166. Within the School District. costot 167. The board of any district may make due provision subject to the regulations of the department in that behalf for the proper conveyance of the school children resident within the district to and from school and it shall have power to pro- vide for the cost of such conveyance in the same manner as is provided for the other expenditures of the district. (2)- The secretary of every district in which provision is made as aforesaid shall forthwith notify the commissioner. 1901, c. 29, s. 167. PENALTIES AND PKOHIBITIONS. Fulfilment of contracts 168. Any board or any member thereof that wilfully neglects or refuses to exercise or to assist in exercising all the corporate powers vested in such board by this Ordinance for the fulfilment of any contract or agreement made by it shall be personally responsible for the fulfilment of such contract or agreement. 1901, c. 29, s. 168. Liability of trustees Unauthorized contracts 169. Should the board of any district wilfully contract liabilities in the name of the district greater or other than as provided or allowed by this Ordinance or appropriate any of the moneys of the district for purposes other than are provided or allowed by this Ordinance the treasurer of the district or some other person authorized by the commissioner may recover as a debt in a court of competent jurisdiction from such board jointly or severally the sum or sums for which the district has been rendered liable through the action of such trustees over and above the amount so provided by this Ordinance in addi- tion to the total amount of any moneys that have been mis- appropriated by such trustees. 1901, c. 29, s. 169. False report or register 170. If any trustee knowingly signs a false report or if any teacher keeps a false school register or knowingly makes a false return he shall be guilty of an offence and liable on summary conviction to a fine not exceeding $20. 1901, c. 29, s. 170. 890 s. 177 SCHOOLS Cap. 75 44 171. Any trustee, officer or employee of a district wfio wrongful after ceasing to hold office detains any money, book, paper or proper°y"o°/ tiling belonging to the district shall thereby incur a penalty '"''''■''" not exceeding $20 for each day during which he wrongfully penalty retains possession of such money, book, paper or thing after having received notice in writing from the chairman of the board or from the commissioner requiring him to deposit the same in the hands of some person mentioned in such notice. [(2) Anj'- trustee, officer or employee of a district who refuses, neglects or fails to perform any duty imposed on him by this Ordinance shall be liable to a penalty not exceeding 150.] 1901, c. 29, s. 171 ; 1903, 2nd session, c. 27, s. 12. 173. Any returning officer of the district or proposed dis- Misconduct ot trict acting under the provisions of this Ordinance who shall office"'"' knowingly and wilfully prejudice the result of any voting by preventing votes from being taken or by taking unlawful votes or by altering returns or books in any way or by any other means shall be liable to a penalty of not less than $10 and not exceeding $100. 1901, c. 29, s. 172. 173. Any person who wilfully disturbs, interrupts or dis- Penalty for quiets the proceedings of any school meeting authorized to school o"^ be held by this Ordinance or any one who wilfully interrupts ""^""""^ or disquiets any school established and conducted under its authority by rude or indecent behaviour or by making a noise either within the place where such school is kept or held or so near thereto as to disturb the order of exercises of the school shall be guilty of an offence for which he shall forfeit for the use of the district within which the offence was committed a sum not exceeding $20. 1901, c. 29, s. 173. 174. No school trustee shall be eligible to appointment as Trustee can- teacher within the district of which he is trustee; nor shall the "°"'^ '^^'^''"'" teacher of any school hold the office of school trustee. 1901, c. 29, s. 174. 175. AU fines, penalties and forfeitures mentioned in this Recovery of Ordinance may be recovered and enforced with costs on sum-""^' mary conviction before a justice of the peace. 1901, c. 29, s. 175. 176. All moneys accruing from fines or penalties under Application of this Ordinance shall unless otherwise provided belong to theP^"""'" general revenue fund of the Territories. 1901, c. 29, s. 176. MISCELLANEOUS. 177. The Lieutenant Governor in Council may by order Town aistrict^^^ notice of which shall be published in the official ga/ette declare viiikere district that for the purposes of this Ordinance any town district shall be deemed to be a village district and thereafter all the pro- visions of this Ordinance relating to village districts shall apply thereto. 1901, c. 29, s. 177. 891 45 Confirmation of existing: districts, etc. Cap. 75 SCHOOLS s. 178 178. All school districts heretofore erected or purporting so to be are hereby confirmed as districts legally established under this Ordanince with any alterations of boundaries made or purporting to have been made and all debentures issued by the trustees or commissioners of any such school districts are hereby confirmed and declared to be legal and valid charges upon the property of the districts issuing the same notwith- standing any defect or irregularity in any proceeding in respect of or preliminary to the erection of such districts or alterations of the boundaries thereof or the issuing of such debentures. 1901, c. 29, s. 178. [Order not to be invalidated for irregularity] [179. No order purporting to be made under this Ordinance and being within the powers conferred by this Ordinance shall be deemed invalid on account of any noncompliance with any of the matters required by this Ordinance as preliminary to such order. And no misnomer, inaccurate description or omission in any such order shall in anywise suspend or impair the operation of the Ordinance with respect to the matter so misdescribed or emitted.] 1903, 2nd session, c. 27, s. 15. correctioriof [180. Ally misdcscription or other error in any order made error in order, '- ... "^ «;tc.] by the commissioner or in any order made or proclamation issued by the Lieutenant Governor in Council under the pro- visions of this Ordinance or under the provisions of any other Ordinance respecting schools at any time in force in the Territories may be corrected and confirmed with such correction as' of the date on which it was made or issued by the commissioner by any subsequent order.] 1903, 2nd session, c. 27, s. 16. SCHEDULE. FORM A. Proposed School (Proposed Name of District) District of the N.W.T. The undersigned severally declare each for himself that he is of the full age of twenty-one years, that he actually resides within the above named proposed school district and that he has so resided therein and owned or been the occupant of assessable property therein for a period of at least two months immediately prior to this date. 892 Sched. SCHOOLS Cap. 75 46 Names. Property owned or occupied. Witnesses to above signatures : Ciiairman. Secretary. Dated the day of . .190.. 1901, c. 29, form A. FORM B. (a) {This form should he used for resident ratepayers in any estab- lished district not having a revised assessment roll.) The. .S.D. No. ..oftheN.W.T. The undersigned severally declare each for himself that he is of the full age of twenty-one years, that he actually resides within the above named district and that he has owned or been the occupant of assessable property therein for a period of at least two months prior to this date. Names. Property owned or occupied. Witnesses to the above signatures: Chairman. Dated the . Secretary. . . .day of. .190. 893 47 Cap. 75 SCHOOLS (b) Sched. (This form should be used for resident ratepayers in any district that has a revised assessment roll.) The. .S.D. No oftheN.W.T. The undersigned severally declare each for himself that he is of the full age of twenty-one years, that he actually resides within the above named district, that his name appears on the last revised assessment roll of the district and that he has paid all taxes due by him thereto. Names. Property owned or occupied. Witnesses to the above signatures : Chairman. Secretary. Dated the day of . . . .190. {This form should be used for ratepayers of any established district.) The. .S.D. No. .oftheN.W.T. The undersigned severally declare each for himself that he is of the full age of twenty-one years, and that he has paid all taxes due by him thereto. Names. Property owned or occupied. 894 Sched. SCHOOLS Witnesses to the above signatures : Cap. 75 Chairman. Secretary. Dated the. . .day of... .190. 1901, c. 29, form B; 1903, 2nd session, c. 27, s. 13. 48 FORM C. POLL BOOK. Election of Trustees for the . . . . S.D. No . . . of the N.W.T. Date of Poll ; Poll opened ; Poll closed Name of voter. Person voted for. Remarks. Chairman. 1901, c. 29, form C. FORM D. (Repealed) 1903, 2nd session, c. 27, s. 14. 895 49 Cap. 75 schools FORM E. (Repealed) 1903, 2nd session, c. 27, s. 14. Sched. FORM F. POLL BOOK. "\'ote on debenture by-law submitted to the ratepayers of. . . '. ...S.D. onthe day of.-. 190 Poll opened at ten o'clock a.m. Poll closed at four o'clock p.m. Name of voter Record of votes. Remarks. For by-law. Against by-law Totals... . Returning Officer. 1901, c. 29, form F. FORM G. I, the undersigned, justice of the peace in and for the North- West Territories having received the poll book used to record the votes taken at the meeting held in the (give name of school district in full) on the day of. . . .190. ., on the question of the issue of debentures on the security of the said district and having heard all complaints relative to the conduct of the voting beg leave to submit the following return of the votes: Sched. SCHOOLS Cap. 75 50 Total No. of votes taken. No. of votes on each side after the recount. For. Against. For. Against Dated at. . this . J.P. .day of 190. 1901, c. 29, form G. 897 Short title Department Commis- sioner Cattle Stock Owne \'ent TITLE X. RELATING TO AGRICULTURE, STOCK, GAME, ETC. CHAPTER 76. An Ordinance respecting Brands. THE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows : SHORT TITLE. 1. This Ordinance may be cited as "The Brand Ordinance." 1900, c. 22, s. 1. INTERPEETATION. 2. In thiT Ordinance unless the context otherviase requires — 1. The expression "department" means the department of agriculture. 2. The expression "commissioner" means the commissioner of agriculture; 3. The expression "horse" means any horse, mare, gelding, colt or filly, ass or mule; 4. The expression "cattle" means any bull, cow, ox, heifer, steer or calf; 5. The expression "stock" means any horse or head of cattle ; 6. The expression "owner" means the owner jointly or in severalty of any brand recorded under this Ordinance or the authorized agent of such owner; 7. The expression "brand" means any letter, sign, char- acter or numeral or combination of the same recorded as allotted to any owner; 8. The expression "vent" means — (a) Any vent brand allotted as having been recorded prior to the first day of March, 1898; (b) In the case of any three character brand either the second marking thereof jplaced upon the same side of any stock as the original brand or a marking of a letter or numeral of such brand placed in a hori- zontal position below the brand; (c) In all other cases the second marking of the brand placed upon the same side of any stock as the original brand; any such vent denoting the fact of the proprietary rights in such stock having passed from the owner to some other person; 898 8. 8 BRANDS Cap. 76 9. The expression "record" means the book kept by theRecord recorder in pursuance of this Ordinance in which a descrip- tion of every brand is recorded as such brand is allotted to any owner. [10. The expression "character" means any sign, letter or[Characteri numeral.] 1900, c. 22, s. 2; 1903, 1st session, c. 22, si. 1. BRANDS • THEIR NATURE, OWNERSHIP, USE AND SIGNIFICANCE. 3. Subject to the provisions of the next following sectioncommUsioner brands of any description may be allotted for any part of theSl""' body of any stock subject to the approval of the commis- sioner. 1900, c. 22, s. 3. [4t. Every brand for cattle allotted for the hip or thigh, for [Form of brands] the ribs, and for the s)ioulder or top of arm, shall consist of three characters, and the shape and pattern of such characters and the arrangement thereof shall be fixed and determined by the commissioner.] 1903, 1st session, c. 22, s. 2. 5. Upon the allotment of any brand to any owner orExdusive right transferee under the provisions of this Ordinance and the'°''""'^ entry in the record thereof such owner or transferee shall have the exclusive right to the use of such brand ; and the presence 01 a recorded brand on any stock shall be prima facie evidence of the ownership of such animal by the owner of such brand. 1900, c. 22, s. 5. RECORD OF BRANDS. 6. The Lieutenant Governor in Council may appoint aRecorderof recorder of brands who shall be subject to the direction of the commissioner and who shall keep a record of all brands allotted under this Ordinance. 1900, c. 22, s. 6. 7. Any person shall be entitled to have the record searched and to obtain certified extracts therefrom during the regular business hours of the department on payment of the fee pre- scribed in the tariff of fees appended hereto. 1900, c. 22, s. 7. 8. Any person requiring the allotment to him of a brand^pp^jf^i.'_^^"^i. shall make application therefor to the recorder which applica-of brand tion shall be accompanied by the fee prescribed in the tariff of fees appended hereto ; and upon being satisfied that th§ appli- cation is in conformity with the provisions of this Ordinance th° recorder shall allot a brand to such applicant and enter The same in the record: 899 Cap. 76 BRANDS Provided, however, that no brand shall be allotted to an Indian living on a reserve. 1900, c. 22, s. 8. Certificates of record of brand 9. Upon the recording of any brand as aforesaid the person in whose name the same is recorded shall become the owner thereof; and the recorder shall deliver or transmit to the applicant to whom such brand is allotted a certificate of the allotment and entry in the record thereof ; and the production of any certificate [purporting to be a certificate signed by the recorder under the provisions of this section in any court shall be prima facie evidence of the ownership of such brand with- out any further proof of signature. 1900, c. 22, s. 9. Publication of recorded brands 10. The commissioner may at such times and in such manner as to him may seem desirable cayse to be published a complete list of the brands recorded under this Ordinance and may make a reasonable charge for thfe volume containing the same. 1900, c. 22, s. 10. CHANGE IN RECORD. Change in brand 11. The recorder may upon the application of any owner accompanied by the fee prescribed in the tariff of fees appended hereto make changes in the brand or position thereof not inconsistent with the provisions of this Ordinance. 1900, c. 22, s. 11. NUMBER OF BRANDS. Number of brands 12. No person shall have allotted to him more than two brands for horses and two brands for cattle. 1900, c. 22. s. 12. CANCELLATIONS. Cominissioner may cancel conflicting brands 13. If any two or more owners of stock have the same or conflicting brands recorded the commissioner may if he deem it advisable authorize the cancellation of the brand last recorded or (with the sanction of the -owner) of any brand previously recorded; and may allot another in lieu thereof v/ithout charge. 1900, c. 22, s. 13. or unused brands 14. In case it shall be proven to the satisfaction of the commissioner that any recorded brand has not been used by the_ owner thereof or by his authority for at least two years, notice _ of intended cancellation may be mailed to the last known address of such owner and at any time after three months from the mailing of such notice the commissioner may cause such brand to be cancelled. 1900, c. 22 s 14 900 s. 18 BRANDS Cap. 76 TRANSFERS. 15. Any person wishing to transfer the ownership in anyJ^^^,^5.^["Kf brand recorded under the provisions of this Ordinance shall'"'-''"''^ make and sign in the presence of some person authorized to administer oaths for use in the supreme court of the Terri- tories a memorandum in form A in the schedule hereto and shall transmit the same to the recorder with the fees charge- able on such transfer as prescribed in the tariff of fees appended hereto; and the recorder upon receipt of such memorandum and fees shall make an entry in the record opposite the entry of the original allotment setting forth the fact of such transfer of such brand to the transferee; and such transferee shall thereafter be deemed to be the owner and to have the exclusive right to the use of such brand. (2) In case of the death or absence of the owner a declara->^'here owner ^ ' IS dead or tion made by the transferee in form B m the schedule heretoabsent may subject to the approval of the commissioner be accepted in lieu of the memorandum in form A : Provided that such transfer shall not be recorded untile™' ''^' thirty days after notice thereof has been published in two successive weekly issues of a newspaper to be named by the commissioner. 1900, c. 22, s. 15. 16. Upon every transfer of any stock marked with tha^^Hl^^l^^^ recorded brand of the transferror the transferror shall also^'o'^'' mark his vent on the stock so transferred unless at the time of such transfer the said brand is transferred to the transferee of said stock: Provided, however, that any transferee taking possession of Proviso any stock for the purpose of slaughtering or shipping such stock out of the Territories may waive his right to claim that such stock shall be branded with a vent mark but in such ca.se the transferror shall give to the transferee a statement in form C in the schedule hereto which shall be accepted as evidence of the transfer of such stock wherever such evidence may be required for the space of thirty days from the date of such statement. 1900, c. 22, s. 16. PENALTIES. 17. Any person disobeying or contravening any of t^^spenaUy^for^^ provisions of this Ordinance (except such as are provided f or o? ordrnan'cT in the next succeeding section) shall be guilty of an offence and on summary conviction thereof shall be liable to a pen- alty not exceeding $100. 1900, c. 22, s. 17. OFFENCES AND PENALTIES. 18. Any person who— °ef:i!eT"^ 901 Cap. 76 BRANDS s. 18 (a) Brands or directs, aids or assists to brand any stock with a brand which has not been recorded under the provisions of this Ordinance; (b) Brands or causes, directs or permits to be branded with his own brand any stock of which he is not the owner without the authority of the owner; (c) Blotches, defaces or otherwise renders illegible or alters any brand or mark upon stock or directs, causes, or permits any such brand or mark to be blotched, defaced or 'otherwise rendered illegible or altered ; shall be guilty of an offence and on summary conviction thereof before a justice of the peace liable to a penalty not exceeding the sum of 1200. 1900, c. 22, s. 18. FOEM A. Memorandum of Transfer of Brands. To the Eecorder of Brands, DESCRIPTION OF BRAND I, (or We) being the recorded owner... of the brand mentioned in the margin here- i of having transferred the same to I of (Brand) 1 do hereby request that you will make the necessary transfer to Position of such brand in your record and enclose herewith the sum of $1.00 as •Cattle or Horses the authorized fee on such transfer. Dated at .' this day of (Owner) 1... Witness A 1900, c. 22, form A. FOEM B. In the Matter of an Applioation for the Transfer of a Brand. I, of do solemnly declare : 902 Sched. BRANDS • Cap, 76 (1) That I am the purchaser of the brand recorded in the name of for the of (position on animal) (horses or cattle) (2) That the said brand was actually sold to me by the said -.on or about the day of A.D. 19 and that I am entitled to a transfer for the same. (3) That written transfer of the said brand was given me by the said (4) That I am to the best of my knowledge and belief the rightful owner of all _ running at large in this (horses or captle) district, branded with the said brand. And I make this solemn declaration conscientiously believ- ing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evi- dence Act 1893. Declared before me at) in the North-West Territories, this ... day of I (Signature of transferee) A.D. 19 A in and for the North-West Territories. 1900, c. 22, form B. FOEM C. To all whom the same may in any wise coilcern : Take notice that I have this day sold (numbers and descrip- tion of animals sold) to (name of person). Signature. Da ted at \ this day I of 1 j 1900, c. 22, form C 903 Cap. 76 BRANDS Sched. Tariff of Fees. On application for allotment of a brand $1 00 Or. application for change in the record of a brand 1 00 Oh every transfer of a recorded brand 1 00 For every search of ftie brand record 25 For every certified abstract from the brand record 25 1900, c. 22, tariff of fees. 904 CHAPTER 77, An Ordinance respecting Fences. THE Lieutenant Governor by and with the advice and con- -*- sent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. 1. This Ordinance may be cited as "The Fence Ordinance." ^^"^^'^^^ 1903, 2nd session, c. 28, s. 1. PROVISIONS REGARDING FENCES. 3. No action for damages caused by domestic animals shall ^^''fui'fence be maintained nor shall domestic animals be liable to be dis- trained for causing damage to property unless the same is surrounded by a lawful fence. 1903, 2nd session, c. 28, s. 2. 3. Any of the fences in this section described shall be deemed defined a lawful fence : 1. Any substantial fence not less than four feet high if it consists — ■ (a) Of rails or boards not less than four in number, the lower one not more than eighteen inches from the ground and each panel not exceeding twelve feet in length; (6) Of upright posts, boards or palings not more than six inches apart; (c) Of barbed wire and a substantial top rail, the wires to be not less than two in number and the lower one not more than twenty inches from the ground, posts to be not more than sixteen and a half feet apart : (d) Of three or more barbed wires, the lower one not more than twenty inches from the ground, posts to be not more than sixteen and a half feet apart; (e) Of not less than three barbed wires on posts not more than fifty feet apart, the wires being fastened to droppers not less than two inches in width and one inch in thickness or willow or other poles not less than one inch in diameter at the small end or wire dropper, the said droppers or poles being placed at regular intervals of not more than seven feet apart; (/) Of two posts spiked together at the top and resting on the ground in the shape of an A which shall be joined 905 Cap. 77 FENCES s. 3 (1) by a brace firmly nailed near the base, with three rails firmly secured on the one side of the A, the top rail not less than four feet and the bottom rail not less than eighteen inches from the ground, there being also firmly secured on the other side of the A one rail not more than twenty inches from the ground; (g) Of woven wire secured to posts not more than 35 feet apart; 2. Any river bank or other natural boundary sufficient to keep domestic animals out of any land. 1903, 2nd session, c. 28, s. 3. Fences around crops 4. No fence surrounding growing crops or crops in process of being harvested shall be deemed a lawful fence unless it is situated at least eight feet from such crop and otherwise com- plies with the provisions of this Ordinance. 1903, 2nd session, c. 28, s. 4. Fences surrounding stacks 5. Any fence surrounding stacks of hay or grain shall be deemed a lawful fence if constructed according to the pro- visions of section 3 of this Ordinance and situated not less than ten feet from such stacks. 1903, 2nd session, c. 28, s. 5. Liability of adjoinine owners for line fences 6. Whenever two owners or occupiers of adjoining parcels of lands desire to erect a line or boundary fence between such adjoining parcels for the common advantage of both they shall bear the expense of the erection in equal shares and there- after the expense of maintaining and repairing such fence shall be borne by the adjoining owners or occupiers in equal shares. (2) Whenever the owner or occupier of any parcel of land erects a Une or boundary fence between such land and an adjoin- ing parcel of land the owner or occupier of such adjoining parcel of land as soon as he receives any benefit or advantage from such line or boundary fence by the enclosure of his land or any portion thereof or otherwise howsoever shall pay to the first mentioned owner or occupier a just proportion of the then value of such line or boundary fence and thereafter the expense of maintaining and repairing such fence shall be borne by the adjoining owners or occupiers in equal shares. 1903, 2nd session, c. 28, s. 6. Trespassing of animals 7. The owner of any domestic animal which breaks into or enters upon any land enclosed by a lawful fence shall be liable Liability of to compensate the owner of such land for any damage done by """" such animal. 1903, 2nd session, c. 28, s. 7. Disag^reement as to fencings or damages 8. In case adjoining owners or occupiers of land disagree as to what is a lawful fence or as to the proper location of a pro- posed or existing line or boundary fence or as to the just pro- portion of a line fence which each such owner or occupier should 906 s. 10 FENCES Cap. 77 make or put in repair or as to the amount which any such owner or occupier should make compensation to the -other for making or keeping in repair any fence or in case parties in- terested disagree as to the amount of damages done by animals Arbitration breaking into or entering upon any land inclosed by a lawful fence they shall each appoint an arbitrator to determine and settle the matter in difference and such arbitrators shall first giving the parties in difference reasonable notice of the time and place where they intend to meet for the purpose of hearing and determining the matter in difference attend at such time and place and hear such parties and their witnesses and make their award in respect to the matters so in difference; and in case such arbitrators are unable to agree they shall appoint an umpire who shall make an award in respect to the said matters ; and in case either of the parties in difference refuses or omits to appoint an arbitrator within forty-eight hours after a demand is made in writing upon him to do so by the other party in difference such other party in difference may apply to a justice of the peace who being satisfied by the oath of a credible witness that such demand has been made and not complied with may appoint an arbitrator in the stead of the person so refusing or omitting to appoint and the arbitrator so appointed shall proceed and act and all steps shall be had and taken as in this section provided as if such arbitrator had been appointed by the person so refusing or omitting to appoint. No. 38 of 1897. (2) The direction herein contained for the appointment of arbitrators shall be deemed a submission under The Arbitra- tion Ordinance and the provisions of the last mentioned Ordi- nance shall apply thereto. (3) The d( vision of the arbitrators as to the proper location of a proposed or existing line or boundary fence shall not affect the title to the land on either side thereof and shall be binding only during the actual existence as a lawful fence of the fence in question. 1903, 2nd session, c. 28, s. 8. 9. Nothing in the preceding section shall be held to affect Exceptions a in any way the right of any person to seize or impound cattle pouS dfs"rict in any herd or pound district under the provisions of any Ordi- nance authorizing the seizing or impounding of cattle in any such district or to affect the demand or recovering of damages in the mode prescribed by that Ordinance. 1903, 2nd session, c. 28, s. 9. 10. It shall be the duty of any person erecting any wire Fences across fence across any trail that has been in common use by the "'"'""' *'"'"''' pubUc for a period of three months immediately previous to such erection to place a top rail on such fence where it crosses the trail and for a distance of two rods on each side from the centre of the trail. 1903, 2nd session, c. 28, s. 10. 907 Short title CHAPTER 78. An Ordinance respecting Stallions and Bulls. ^^ HE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : SHORT TITLE. 1. This Ordinance may be cited as "The Entire Animals Ordinance." CO., c. 78, s. 1. Department Justice Captor Running at large INTERPRETATION. 2. In this Ordinance unless the context otherwise requires — 1. The expression " department " means the department of agriculture ; 2. The expression " minister " means the member of the Executive Council of the Territories to whom may be assigned from time to time the duty of administering the department of agriculture; 3. The expression " justice " means any justice of the peace; 4. The expression " owner " means any person owning any stallion or bull dealt with under this Ordinance; B. The expression " captor " means any person seizing or confining any stallion or bull under this Ordinance; 6. The expression " run at large " or " running at large " means without being under control of the owner either by being in direct and continuous charge of a herder or by con- finement within any building or other inolosure or fence whether the same be lawful or not. CO., c. 78, s. 2. When stallions 3. No stalliou of ouc year old or upwards shall be permitted at targe '"" to run at large in any part of the Territories at any time. CO., c. 78, s. 3. When bulls 4. Except as hereinafter provided no bull nine months old Ittarge' '"" Or upwards shall be permitted to run at large in any part of the Territories at any time. (2) The minister may by notice published in two consecutive issues of the official gazette declare that bulls may be permitted to run at large in any district described in such notice between the first day of July [and the thirty-first day of December in .any year] both days inclusive. CO., c. 78, s. 4; 1900, c 28, s. 1. 908 Bulls may run at large in certain cases S. 7 ENTIRE ANIMALS Cap. 78 2 6. Except within the limits of any pound district or li^rds^taUionsor^^^^ district constituted under the provisions of any Ordinance of running at" " * the Territories any person who finds a stallion or bull running cap^turTd* '"' at large , contrary to the provisions of this Ordinance may capture and confine such bull or stallion and promptly there- after shall notifiy the owner thereof if known to such captor; and if such owner do not within three days after receiving such notice take away such stallion or bull and pay the captor thereof $5 for his trouble and 25 cents per diem for the keep of the said stallion or bull for every day it has been in his custody such owner shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding $20 together with the cost of prosecution and the fees for capturing and the keep of such stallion or bull as aforesaid which said fees shall be paid over on cjollection to the captor. CO., c. 78, s. 5. 6. When the owner of any stallion or bull captured and when owner . , f, , -, ,. .• .IS unknown confined under the provisions of the last preceding section is unknown to the captor, the said captor shall within forty-eight hours after such capture post up a notice of detention in form A. in the schedule hereto in three public places in the neigh- bourhood of the place of capture and at the same time forward a copy of the notice to the department for publication in two consecutive issues of the official gazette, and the owner of such stallion or bull shall be entitled to receive delivery thereof upon paying the captor $5 for his trouble and 25 cents per diem for the keep of such animal together with the amount of the expenses actually incurred for advertising. (2) In addition to advertising the capture of a stallion or Advertising bull in the official gazette as herein provided the captor may "p'"" also cause a copy of the notice of detention to be inserted in three successive weekly issues of the newspaper published nearest to the neighbourhood in which the capture was made, and any expenditure not exceeding the sum of $1 made for such advertising shall be reimbursed to the captor by the own- er if the said stallion or bull is released by such owner or, if not so released, by the justice after the sale of such stallion or bull upon proof of such expenditure having been made. CO., c. 78, s. 6. 7. If at the end of twenty days from the first publication wh-am- of the notice in the said gazette no owner be found for such stallion or bull or the payments herein provided have not been made to the captor, then upon application to a justice in form B in the schedule hereto verified under oath before the said justice, the said justice may after eight days' notice posted up in three conspicuous placer in the neighbourhood of the place of capture (one of which shall be the post office nearest there- to) stating the time and place of sale, sell or cause the said stallion or bull to be sold by public auction, and out of the 909 imal 3 Cap. 78 ENTIRE ANIMALS S. 7 ?roMeds°"°'^ proceeds of such sale shall first pay the expenses of sale and advertising and justice's fees and then the sum of $5 and costs of keeping to the captor and the balance to the ministier. (2) The justice of the peace shall immediately after the sale send to the department a description of the animal or animals sold, the date of sale, the amount realized and the disposition thereof. CO., c. 78, s. 7. fl°^^^^^^g 8. Any money paid to the minister under the provisions of treasurer may the SBction ucxt prcccding shall be paid over to the owner of ""^"^ the animal sold on evidence of ownership (satisfactory to the minister or other of&cer appointed to examine into the same) being furnished and application therefor being made to the Lieutenant Governor within twelve months from the date of the sale ; otherwise such money shall form part of the general revenue fund. CO., c. 78, s. 8. Who may sell 9. Tlic justicc to whom application is made for authority to sell any stallion or bull which may be sold under the provis- ions of this Ordinance may either sell the animal himself or order it to be sold by the nearest accessible pound keeper to the place where the animal was found or in the absence of any such pound keeper living within reasonable distance thereto may authorize any person in writing to sell such animal ; and no liability shall be incurred by any person making such sale by reason of his not being in possession of a license to act as auctioneer under the provisions of any Ordinance of the Ter- ritories. CO., c. 78, s. 9. Salesman's fees 10. The justicc Or person authorized thereto selling any stallion or bull under the provisions of this Ordinance shall be entitled to retain to his own use and benefit $2.50 per centum commission upon the proceeds of such sale. CO., c. 78, s. 10. Stallions or 11. lu auy pouud district or herd district established under lli^pound^o?^ the provisions of any Ordinance of the Territories no stallion herd districts Qj. ]^^ii gjjg^j^ ^jg detained or sold in the manner provided in th^s Ordinance but (if captured) shall be taken by the captor to the nearest accessible pound there to be dealt with as it is provided estrays uiuy be dealt with. CO., c. 78, s. 11. Penalty for 12._ Thc owucr of any stallion or bull who after receiving stliiion^or biff ^ notice signed by a justice of the peace that such stallion or to run at large ^uU Is ruuuiug at large contrary to the provisions of this Ordi- nance and requiring such owner to capture and confine the same neglects or refuses within forty-eight hours to comply with such notice shall be guilty of an offence and liable on summary conviction thereof before a justice of the peace to a penalty of $5 for every day after the expiration of the time mentioned in said notice the stallion or bull is at large CO., c. 78, s. 12. 910 Sched. ENTIRE ANIMALS Cap. 78 13. Without in any way prejudicing the right which aF^s^""""' justice may have to fees established by law in respect of any'"''""'" proceedings in summary convictions under this Ordinance or under section 9 of this Ordinance a justice shall be entitled to the following fees for services performed by him under sec- tion 7 hereof: Preparing the application therein mentioned and adminis- tering oath, fifty cents. Preparing and posting the notices therein mentioned, $1. CO., c. 78, s. 13. SCHEDULE. FORM A. The undersigned gives notice that he has captured a (stallion or bull as the case may be with a full description of same) while running at large contrary to the provisions of The Eritire Animals Ordinance. The said (stallion or bull) is detained on the (description of quarter-section or other place where the animal is confined) and if not claimed in due course will be dealt with according to law. The capture was made at o'clock on day the day of 1 , and this notice was posted within hours thereaicer. (Signature and post office address of captor.) FORM B. To A.B., Esquire, a justice of the peace in and lor the North- West Territories The applicant avers that on the day of 1 , (naming the date of capture) he found a (bull or stallion as the case may be) running at large con- trary ff) the, provisions of The Entire Animals Ordinance and captured and confined the same ; That he posted up a notice in three public places in the neighbourhood of the capture and advertised such notice in three successive weekly issues of (naming the newspaper if any) and forward a copy of the notice to the Department of Agriculture at Regina for publication in the North-West Ter- ritories Gazette; That the notice was published in the issue of the said gazette dated (date of first issue of gazeUe containing notice) ; 911 Cap. 78 ENTIRE ANIMALS Sched. That twenty days have elapsed without the said (stallion or bull) having been released by the payment to the applicant of the moneys he is entitled to be paid under the provisions of the said Ordinance; That the applicant prays that the said (bull or stallion) may bo sold. (Signature of captor). I (name of captor) the applicant above named make oath and say that the facts set forth in the above application are true in substance and fact. (Signature of captor). Sworn before me at this day of 1 A.B., J.P. 91 '2 CHAPTER 79. An Ordinance respecting Pound Districts. THE Lieutenant Governor by and with the advice and con- -*- sent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. 1. This Ordinance may be cited as "The Pound District^^°'' '''^' Ordinance." CO., c. 79, s. 1. INTERPRETATION. 3. In this Ordinance unless the context otherwise requires — 1. The expression "department" means the department of °''''^''""™' agriculture. ; 2. The expression "minister" means the member of the*^'""'" Executive Council to whom is assigned from time to time the duty of administering the department of agriculture; 3. The expression "animal" means any horse, mule, jack, ^"™^ sheep, goat, neat cattle, swine or goose; 4. The expression "trespasser" means any animal which ^"^p*^^" breaks into any ground inclosed by a lawful fence; 5. The expression "estray" means any animal running at^'"'*'' large within the limits of any pound district in any period during which animals running at large are by declaration under this Ordinance to be counted estrays or any stallion of the age of one year or upwards or any bull of the age of nine months or upwards or any swine or goose of any age at any time running at large within the limits of any pound district; 6. The expression "pound keeper" means the person Tor the''"""'* ''«''=»'='■ time being in the authorised charge of any pound; 7. The expression "lawful fence" means any fence declared ''^'^f""^="'^= to be lawful by any Ordinance; 8. The expression "justice" means any justice of the peace; Justice 9. The expression "proprietor" means any holder or occupier Proprietor of land under whatever tenure or any superintendent, overseer, servant or other person acting for and on behalf of such holder or occupier; 10. The expression "owner" means any person owning any owner animal or any agent or overseer of any such owner; 11. The expression "captor" means any person seiziujg orCaptor distraining any estray; LL 913 Cap. 79 POUND DISTRICTS s. 2 (12) Distrainor Running at large Pound district 12. The expression "distrainor" means any person seizing or distraining any trespasser; 13. The expression "run at large" or "running at large" means without being under control of the owner, either by being securely tethered or in direct and continuous charge of a herder or by confinement within any building or other inclosure or a fence whether the same be lawful or not; 14. The expression "pound district" means any district in the Territories constituted under the provisions of this Ordi- nance. CO., c. 79, s. 2. ORGANISATION OF POUND DISTRICTS. What districts 3. The Lieutenant Governor in Council may by Order made organi^zed publlc by uoticc in the official gazette constitute any part of and how ^j^g Territories not within the limits of a municipality or a village into a pound district. CO., c. 79, s. 3. Notice to be given Hour Objections, how to be made 4. Before constituting any pound district a notice of inten- tion to do so shall be published in the official gazette and posted in at least one post office within such proposed pound district or if there be no post office within such district then in the post office nearest thereto at least thirty days prior to making such recommendation. (2) Such notice shall be addressed to the postmaster at such post office inclosed in a registered cover and all the requirements of this Ordinance respecting the posting of notices shall be held to be completed at the expiration of twenty-four hours after the first mail carrying such notice is scheduled to reach the post office to which the notice is directed. (3) If at any time within thirty days after such notice is posted objection is made by a majority of the proprietors of land within such proposed district in form A in the schedule hereto (the facts stated in such objection and the signatures thereto being verified by statutory declaration) the proposed district shall not be constituted; but if no such objection is made within thirty days from the posting of the notice tha proposed district may be constituted as hereinbefore provided. CO., c. 79, s. 4. 5. The Lieutenant Governor in Council may by Order made public by notice in the official gazette v^ary or alter the bound- aries of or add to or take from any pound district existing hereunder or abolish or discontinue the same. CO., c. 79, s. 5. 6. Until it has been otherwise declared or enacted by the council of any municipality or by the voters of any village the pound districts heretofore created under Ordinance No. 21 of 1897 which comprises any portion of such municipality or village shall be continued hereunder and the pound keepers 914 S. 10 POUND DISTRICTS Cap. 79 3 appointed therefor shall continue to act under and subject to the provisions of this Ordinance. CO., c. 79, s. 6. OPERATION OF ORDINANCE. 7. No animal declared under the provisions of this Ordi- f "'•»y« "f' nance to be an estray in any pound district shall be permitted '° '"" "' ^'^^ to run at large therein and any such animal when not under control of its owner shall be liable to be impounded. (2) Upon being satisfied as to the desire of a majority of S'be"e-st"ays^''' the proprietors of land in any pound district constituted under the provisions of this Ordinance the minister may by notice published in the official gazette and in any other manner that may seem to him necessary declare that any bull otherwise prohibited from running at large shall be counted an estray or not an estray at any season of the year. (3) On the appHcation of the council of any municipality or P""""! J'stncts .1 ~ .,, 111/./.1.T ,. in towns and the overseer oi any village on behalf of the residents of such '"'ages village within the Umits of which municipality or village a pound district has been constituted, the minister may declare any animal to be an estray or not an estray at any season of the year within the limits of such pound district. CO., c. 79, s. 7. 8. The proprietor of any land in any pound district may pstrays may be capture any estray found within such pound district and drive such estray to and deliver the same at the nearest accessible pound in the said pound district whether the owner of such estray be known to the captor or not and the said estray may be dealt with in every way as a trespasser may be dealt with under this Ordinance. CO., c. 79, s. 8. 9. No procedure under The Entire Animals Ordinance shall f'f/^'''?!'^^^^^ be taken with respect to stallions or bulls running at large ind'^tncts any pound district but (if captured) all such stallions or bulls shall be forthwith driven to the nearest accessible pound in such pound district there to be dealt with as trespassers may be dealt with under this Ordinance. CO., c. 79, s. 9. 10. The proprietor of any land surrounded by a lawful t«sp|^-- fence, in a pound district, upon which land any animal is found ""pounded trespassing may seize and distrain the same and drive the same to the nearest accessible pound in such pound district and deliver such trespasser to the pound keeper to be impounded and shall at the same time deliver a written statement des- cribing the animal impounded, the name of the owner (if known), the place where such animal was trespassing, the amount of damages claimed and of his resaonable charges for driving the trespasser to and delivering the same to the pound keeper; and the said pound keeper shall impound such trespasser under the 915 4 Cap. 79 POUND districts s. 10 provisions of this Ordinance and be responsible for the feed and safe keeping thereof so long as he is legally bound to hold the same; and such pound keeper is empowered to collect the amount of the damages caused by and all charges for the keep and other incidental expenses connected with such trespasser before delivering up the same to the owner thereof. CO., c. 79, s. 10. 11. Any person acting as inspector, constable or overseer in any municipality or village or the appointee of any such per- son may take any action or proceedings authorised by this Ordinance on behalf of any proprietor as if by him directed so to do. CO., c. 79, s. 11. AacTdin"''^ 13. Any proprietor who shall impound any animal in any authorized pouud Or place not authorised by this Ordinance shall be guilty of an offence and upon summary conviction thereof before a justice of the peace be liable to a penalty not exceeding $20. Temporary (2) Auy such proprictor upon whose property any animal is impounding r j , . ^ ^ /-r u 1 -1 \ / -1 found trespassing may (ii he know its owner) temporarily impound the same in any convenient place for a period not exceeding three days and shall within twenty-four hours after such impounding deliver to such owner a written memorandum in like manner as it is hereinbefore enacted shall be delivered to a pound keeper with any trespasser impounded in his pound; and shall feed and maintain such animal while so impounded; and may at the expiration of such time (if not sooner duly released) deliver it to the keeper of the nearest accessible pound; and such proprietor may make a charge for feeding and main- taining such animal and for sending notice not exceeding such as might by law be made by a pound keeper but shall not be entitled to any compensation for damage except for such as was done before the temporary impounding. CO., c. 79, s. 12. When trespass 13. In evcry case where damage is done to the inclosed IS committed i t c • ii--. i ir in certain cases lands 01 any person in any pound district as the result oi any animal breaking through or over the fence or fences inclosing the same such animal may be considered and treated as a trespasser within the meaning of this Ordinance if that part of the fence broken through or over by such animal is a lawful fence although other parts of the inclosing fence may not be lawful; and any animal breaking through or over a division fence in any pound district which its owner or person having charge of such animal is bound to repair and keep up shall be considered and treated as a trespasser within the meaning of this Ordinance although the said fence may not be a lawful fence. CO., c. 79, s. 13. Lawful fences 14. lu evcry casc in which more proprietors than one hold cases jg^j^jjg inclosed by a common outward lawful fence such lands shall for the purposes of this Ordinance be deemed as against 916 S- 19 POUND DISTRICTS Cap. 79 ; all persons outside such general fence to be lawfully fenced but as against each other where no lawful fence stands be- tween them to be uninclosed lands. CO., c. 79, s. 14. _ 15. The person in charge of any animal within a pound Responsibility district shall be liable for any damage caused by such animal °har&e°oF '" under his charge as though such animal were his own property ;damTsl''°'"'' and the owner of any animal allowed to run at large in any pound district contrary to the provisions of this Ordinance shall be liable for any damage done by such animal although the land whereon such damage was done was not inclosed by a lawful fence. CO., c. 79, s. 15. APPOINTMENT OF POUND KEEPERS. 16. In any pound district the minister may appoint one or ah pound more pound keepers therefor and notice of every such appoint- appointed by ment shall be published in the official gazette describing the""""^"' name and post office address of such pound keeper and the location of the pound: Provided that all pounds established or pound keepers appoint- Proviso ed therefor at the time of the passing of this Ordinance shall be deemed to be the pounds established and pound keepers appointed under the provisions of this Ordinance and subject to the provisions thereof. CO., c. 79, s. 16. 17. Every appointment of a pound keeper made under the ah appoint- provisions of this Ordinance shall terminate on the thirty-first terminate on day of December in each year but all pound keepers so appointed STmSi'" ^^ may at the expiry of each period of twelve months be eligible for reappointment. - (2) Any poundkeeper wishing to resign his appointment may po^undTeep""' do so but no such resignation shall take effect until a successor to such pound keeper is appointed. CO., c. 79, s. 17. 18. Every notice of the appointment or removal of any Publication of pound keeper or the establishment or abolition of any pound ""'"^^ published in the official gazette of the Territories shall be evi- dence that such pound keeper or pound has been legally ap- pointed, removed, established or abolished as in the said notice is mentioned. CO., c. 79, s. 18. DUTIES OF POUND KEEPERS. 19. Every pound keeper shall keep a pound book in a.formBooktobe to be prescribed by the minister from time to time and shall keeper' *"■'"" make all entries therein as soon after the doing of the several things required to be entered therein as possible and shall not make any entry after any dispute as to the subject matter of such entry shall have arisen; and the said pound book and a copy of this Ordinance which the pound keeper is hereby 917 Cap. 79 POUND DISTRICTS s. 19 and handed over to successor required to keep shall at all reasonable times be open to the inspection of any justice or member of the North-West mounted police force or any constable free of charge and of any other person upon payment of the sum of ten cents; and every such pound keeper shall grant extracts from his pound book to any person requiring the same upon payment of twenty-five cents for each extract not exceeding one hundred words and the sum of ten cents for every subsequent number of words not exceeding one hundred. (2) Every pound keeper shall on his removal from office or on the acceptance of his resignation deliver such pound book to the person who may be appointed to receive it. CO., c. 79, s. 19. Pounds to be kept clean 30. Every pound keeper shall at his own cost keep the pound to which he is appointed clean and in good repair and shall supply the animals impounded therein with sufficient and wholesome food and water and the pound keeper may send such animals out of his pound at fit times and to fit places for grazing or watering and every pound keeper shall be responsi- ble to the owner of any impounded animals for every loss or damage occasioned by any act of himself or his agent. C. 0., c. 79, s. 20. Returns to be made 31. Every pound keeper shall make such return to the minister relating to the impounding of animals in his pound as may from time to time be required by the minister. CO., c. 79, s. 21. PAYMENT OF CHARGES ON IMPOUNDED ANIMALS. Charges to be payable to pound keeper 33. AU charges payable in respect of any impounded ani- mal shall be payable in the first instance to the pound keeper, who shall hold the same subject to the provisions of this Ordi- nance for the person entitled thereto. CO., c. 79, s. 22. Penalty for improper impounding Animals may be released before impounding- 33. No charges or claim for damage done shaU be payable to or recovery by any person in respect of the trespass of or damage done by any animal, who shall impound or detain such animal for upwards of three days in any place not being a pound within the meaning of this Ordinance. CO., c. 79, s. 23. 34. Whenever any animal has been captured or distrained by any person under any of the provisions of this Ordinance for the purpose of impounding the same, if the owner of the animal or some person on his behalf pay or tender to the per- son seizing or having charge of such animal before the same has been actually impounded the charges for which such ani- mal has then become liable under this Ordinance, the person having charge of such animal shall forthwith deliver up the same to the owner or the person tendering the said charges on his behalf. CO., c. 79, si 24. 918 s. 29 (2) POUND DISTRICTS Cap. 79 7 35. Every pound keeper shall receive and detain in his Pound keeper custody any animal lodged in his pound until the damages for LnimLts" ''" which such animal was impounded and all lawful fees and ""''"""'''"^ charges shall be paid or until he shall receive notice of the decision of the justice as hereinafter provided. CO., c. 79, s. 25. NOTICE OF IMPOUNDING. 26. If the owner of any impounded animal is known to Notices to be the pound keeper, the pound keeper shall forthwith deliver at piund keeper or post to the address of such owner a notice in form B in the schedule hereto. (2) Tn case such owner is not known or such owner or person notified shall not within three days after the posting or delivery of such notice appear at the pound and release the animal so impounded by the payment of the lawful fees, mileage rates and claim for damages, the pound keeper shall forward to the depart- ment for insertion in two consecutive issues of the official gazette a notice in form B in the schedule hereto. CO., c. 79, s. 26. 37. Every pound keeper shall without charge therefor incoi)iesofaii addition to any copies of any notice which he may be required p"''"/!'" ^^ under this Ordinance to post or deliver post a copy of every p"""*^ such notice in a conspicuous place at his pound [and the nearest post office] and shall keep and maintain such notice at his pound during the whole of such time such notice may refer to. CO., c. 79, s. 27; 1900, c. 29, s. 1. SALE OF IMPOUNDED ANIMALS. 38. When any animal shall not have been released from the when pound within twenty days after the notice has been inserted k^Fmafs may in the official gazette as in section 26 hereof mentioned the said ""^ ^"'"^ animal shall be sold by pubHc auction after notice of such sale shall have been posted for eight days in three conspicuous places within the pound district (one of which shall be the post office nearest the pound) ; and at such sale the pound keeper shall be the auctioneer and such sale shall be held at the pound and shall commence at the hour of two o'clock in the afternoon and the p^^_^j ,^^^p^^ pound keeper shall neither in person nor by his agent purchase P°^J°^^f;;i^j^ any animal at such sale or have any interest of any kind in any animal so purchased. CO., c. 79, s. 28. 39. If more than one animal is impounded on any distress when anmiais^^ and the owner thereof is known the pound keeper shall not "'^'' "°' ^ ^° sell any more of such animals after he has reahsed from the sales sufficient to satisfy the claims for damages, expenses and fees chargeable against the animals, and the owner of the ani- mals shall be entitled- to those remaining unsold. (2) If the owner of the animals is unknown the pound keeper shall sell all the animals impounded. 919 Cap. 79 POUND DISTRICTS 29 (3) (3) The pound keeper shall immediately after such sale send to the department a description of the animal or animals sold, the date of sale, the amount realised and the disposition thereof. CO., c. 79, s. 29. TeeTnol'b?'' 30. No pouud keeper making a sale under the provisions of auciwer ^^^ Ordinance shall be liable to a penalty for selling without a license as an auctioneer. CO., c. 79, s. 30. PROCEEDS OF SALE, HOW DISPOSED OF. Disposal ot proceeds of sale 31. The proceeds of the sale of any impounded animal sold under the provisions of this Ordinance shall be applicable in payment — (a) Of any costs and charges attending such sale; (b) Of all sustenance fees; (c) To the impounder of such animal of the amount due to him for mileage charges and for the damage done; and the residue if any shall be paid to the owner of such animal or (if not claimed at the time of sale by any person entitled thereto) to the minister. CO., c. 79, s. 31. Owner's claim to net proceeds 33. Any money paid to the minister under the provisions of the section next preceding shall be paid over to the owner of the animal sold on evidence (satisfactory to the minister or other officer appointed to examine into the same) being fur- nished and application therefor being made to the Lieutenant Governor within twelve months from the date of the sale; otherwise such money shall form part of the general revenue fund. CO., c. 79, s. 32. COMPLAINTS OF OWNER. What action may be taken by owner How complaint shall be formulated 33. The owner of any impounded animal may give notice in writing to the pound keeper that he intends to complain to a justice against the person impounding such animal; and upon receipt of such notice and on deposit with the pound keeper of the amount claimed for damages together with the pound and other authorised fees and charges the pound keeper shall release such animal and shall retain such amount subject to the order of the justice as hereinafter provided. (2) Such complaint may be upon one of the following grounds — (a) That the impounding was illegal; or (b) That the damages claimed are excessive; or (c) That the impounding was illegal but that in any event the damages are excessive; but the justice shall not inquire into any complaint notice of which has not been given. C.O., c. 79, s. 33. 920 s- 35 POUND DISTRICTS Cap. 79 34. Within ten days after giving the notice in the last pre- Hearing of ceding section mentioned the owner may lodge his complaint '""p'"""' as set forth in the notice with a justice of the peace who there- upon shall institute the like proceedings as are authorised under part LVIII of The Criminal Code 1892 for justices making orders for the payment of money; and upon hearing the com- plaint the justice may determine the matter of such complaint; and if the justice — 1. Adjudges that the animal impounded was illegally im- pounded as claimed the justice shall order the said animal (if not released) to be restored to the owner or (if released) the money deposited with the pound keeper to be repaid and in either event the justice shall order the impounder to pay the costs of the proceedings and all fees the pound keeper is law- fully entitled to; or 2. Finds on a complaint laid as in clause (b) of subsection 2 of the last preceding section the amount of damages the im- pounder has sustained to be less than claimed then the justice shall order the excess and the owner's costs of the proceed- ings to be paid to the owner by the pound keeper out of the money paid in by the owner; and if no money has been paid in by the owner the justice shall order the payment forth- with of the amount of the damages so fixed less the costs of tte proceedings and in default of such payment the animal impound- ed shall be sold and the proceeds applied as directed by this Ordinance; or 3. Adjudges that the animal impounded was legally im- pounded or that the amount of the damages sustained was not less than the amount claimed by the impounder then the justice shall make an order for the payment forthwith of the amount claimed and all pound and other authorised fees together with the costs of the proceedings; and in default of such payment the animal impounded shall be sold and the proceeds applied as directed by this Ordinance; or 4. Finds on a complaint laid as in clause (c) of subsection 2 of the last preceding section that the animal was legally im- pounded but the damages sustained by the impounder were less than claimed the justice shall make an order as directed by paragraph 2 of this section but shall not allow costs to either party and proceedings shall be taken on any such order as provided in such paragraph. CO., c. 79, s. 34. 35. Nothing in this Ordinance contained shall deprive the owner^s^ _^^ owner of any animal impounded of any action, remedy or right commi" law that he may have at common law or otherwise by reason of the same being unlawfully seized, distrained or impounded: Provided always that if any action be brought against aProvUo pound keeper for anjrthing done by him under this Ordinance he may plead not guilty to such action; and if on the trial of such action it is made to appear that the said pound keeper on 921 10 Cap. 79 POUND DISTRICTS s. 35 demand being made on him therefor gave to the plaintiff or his agent the name of the person who drove the animal to the pound and that he in all respects acted within his duties and powers as such pound keeper judgment shall then be given for him with costs. CO., c. 79, s. 35. Damag-es may be claimed by actiDn in competent court 36. Nothing herein contained shall prevent the owner of any lands trespassed upon or of any property destroyed from waiving the rights created by this Ordinance and bringing his action in any competent court in consequence of any trespass. CO., c. 79, s. 36. OFFENCES AND PENALTIES THEREFOR. Penalties pound keepers are liable to for— Impounding- Purchasing impounded animals Making unauthorized charges Not paying over moneys Neglecting to care for impounded animals Milking cows Not keeping books Impounding healthy with diseased Not giving proper notice Causing damage by neglect 37. If any pound keeper — ■ 1. Impounds or assists or incites or employs any person to impound any animal in any district unless such animal was an estray or was trespassing upon the pound keeper's own land in the district surrounded by a lawful fence; 2. Purchases in person or by his agent or has any interest of any kind in any animal sold by auction at a pound of which he is at the time of such sale the pound keeper; 3. Demands or receives any sum for pound notices, susten- ance and other fees and charges not authorised by this Ordi- nance; 4. Fails to pay over any money held by him under the pro- visions of this Ordinance for any person after payment of the same has been demanded by or on behalf of such person; 5. Neglects to provide food and water for any animal or works or uses the same in any manner while so impounded: Provided that no pound keeper shall be liable for any penalty for milking or allowing to be milked any cow while such cow is impounded; 6. Omits or neglects to keep books and to make entries therein as required by this Ordinance or makes any incorrect or untrue entry in such books; 7. Allows any animal infected with any contagious or infectious disease to be in the same inclosure with any impounded animal not so affected; 8. Fails to give any notice required by this Ordinance; 9. Neglects to do anything required by this Ordinance to be done whereby damage is incurred by any person; he shall in addition to any civil liability which he may incur by reason thereof be guilty of an offence and liable on sum- mary conviction to a penalty not exceeding $100. CO., c. 79, s. 37.. 922 s. 40 (5) POUND DISTRICTS Cap. 79 11 38. When any pound keeper is charged, with neglecting to Burden ot provide sustenance for any animal impounded the burden ofSaSst'e proving that proper sustenance was provided for such animal ;o",f/£;',°^r shall be on such pound keeper and when any pound keeper is charged with losing any impounded animal through negligence if it be proved that such animal was impounded in the custody of such pound keeper such animal shall be deemed to have been lost through his neghgence unless such pound keeper shall prove to the contrary. CO., c. 79, s. 38. 39. If any person commit any of the next following offences Penalties he shall on summary conviction thereof before a justice of the peace be liable to a penalty not exceeding $100 : 1. Rescues or attempts to rescue or interferes with anyR^'cuing animal impounded or seized for the purpose of being im- '^fmli ^ pounded; 2. Destroys or injures or attempts to destroy or injure any ^^J^^""^''"" °* pound ; 3. Illegally impounds any animal; luegai '--'*'■'■ *^ ' impounding 4. Leaves open any gate or lets down any bars or makes a causing gap in any fence for the purpose of permitting any animal to?re.paLs'° trespass or otherwise causes any animal to trespass. CO., c. 79, s. 39. TEES. 40. The following and no other shall be the fees authorised ^^*''°"^'='^ by this Ordinance in connection with animals impounded with- in any pound district: 1. To the proprietor of any land trespassed upon or other Expenses for . . '^ , , .-^ 1 . , . . , . driving animal property injured by any animal or the proprietor capturing to pound any estray for driving and delivering such animal to the pound keeper his reasonable expenses; 2. To such proprietor for capturing and impounding any capturing stallion of the age of one year and upwards or any bull of the age of nine months and upwards a fee of f 5 ; 3. To such proprietor for any damage done by any animal Damages an amount not to exceed that mentioned in the statement of claim delivered to the owner or pound keeper with the animal when impounded; 4. To such proprietor for notifying the owner or for every Giving notice day any animal is lawfully detained before being placed in temporary pound such fees for making such notification and for the sus- ""''°"" '"^ tenance of such animal as a pound keeper may be authorised to charge for like services; 5. To the pound keeper to provide for the care and susten- Sustenance xj, ^yj vxj.^ ^^ f r . , . . , , nt impounded ance of each animal for each day such animal is impounded as animals follows : 923 12 Cap. 79 POUND DISTRICTS S. 40 (5) Notice to owner Notice to department Notices posted in district Advertising Notices of sale For each stallion or bull twenty-five cents; For each other horse, mule, jack, head of cattle or swine fifteen cents; For each sheep, goat or goose five cents; 6. To the poundkeeper for notifying owner of animal im- pounded ten cents. 7. To the pound keeper for forwarding notification to depart- ment for insertion in the official gazette ten cents; 8. To the pound keeper for posting notices of animals im- pounded each such notice to include all animals impounded at one distress or seizure $1 and the actual cost of newspaper advertising not to exceed $1 when incurred; 9. To the pound keeper for posting notices of sale each such notice to include all animals impounded at one distress or seizure Mileage Sale charges 10. To the pound keeper for each mile necessarily travelled in the performance of his duty ten cents; 11. To the pound keeper for selling impounded animals and applying the proceeds as directed by this Ordinance $2.50 per centum commission upon the amount realised on the sale. CO., c. 79, s. 40. SCHEDULE. FORM A. To the Lieutenant Governor in Council. We, the undersigned, being proprietors of land as defined by clause 9 of section 2 of The Pound District Ordinance in {here describe the district proposed to be constituted as a pound dis- trict) hereby record our objection to the provisions of the said Ordinance being enforced within the said District : lAND OWNED OR OCCUPIED. Quarter. Section. T'wnship Range. West Meridian. 924 Sched. POUND districts Cap. 79 13 I, A.B., of (post office address) do solemly declare: 1. That the total number of persons in the area described in the foregoing statement of objection being holders or occupiers of land under whatever tenure, or superintendents, overseers or other duly authorised persons acting for or on behalf of such holders or occupiers is (here insert the total number of proprietors in the proposed pound district as defined by clause 9 of section 2 of the Pound District Ordinance); 2. That I was personally present and did see each of the {number of persons signing the statement) persons whose names are subscribed thereto sign the said statement; 3. That each of the (number of persons signing the statement) persons signing the statement is qualified to do so by virtue of being the holder or occupier of land under whatever tenure, or as superintendent, overseer or other duly authorised person acting for or on behalf of such holder or occupier of land within the proposed pound district; 4. That each person signing the said statement before so doing was cognizant of the contents thereof; And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act 1893. (Signature of person making declaration.) Declared before me at this of (Signature of person administering declaration.) FORM B. To (name of owner or Department of Agriculture as the case may be). Notice is hereby given under section 26 of The Pound Dis- trict Ordinance that (description of aniinal impounded) was impounded in the pound kept by the undersigned on the (des- cription of quarter section or other place where pound %s located) on day the day of 1 (Signature of pound keeper.) 925 CHAPTER 80. An Ordinance respecting Estray Animals. rriHE Lieutenant Governor by and with the advice and ^ consent of the Legislative Assembly of the Territories enacts as follows : SHORT TITLE. Short title L This Ordinance may be cited as ''The Stray Animals Ordinance.'" CO., c. 80, s. 1. INTERPRETATION. Department Minister Cattle Horses Sheep Animal Estray Justice Owner Fmdei Running at larg-e 2. In this Ordinance unless the context otherwise requires — 1. The expression "department" means the department of agriculture ; 2. The expression "minister" means the member of the Executive Council to whom is assigned from time to time the duty of administering the department of agriculture; 3. The expression "cattle" means any bull, cow, ox, heifer, steer or calf ; 4. The expression "horse" means any horse; mare, gelding, colt, filly, ass or mule ; 6. The expression "sheep" means any ram, ewe, wether or lamb; 6. The expression "animal" means any head of cattle, horse, sheep, goat, swine or goose; 7. The expression "estray" means any animal found on the premises or in the herd, band or flock of any person other than its owner ; 8. The expression "justice" means any justice of the peace; 9. The expression "owner" means any person owning any animal or agent or overseer of any such owner; 10. The expression "finder" means any person who finds he has an estray on his premises or in his band, herd or flock ; 11. The expression "run at large" or "running at large" means without being under control of the owner either by being in direct or continuous charge of a herder or by confine- ment within any building or other inclosure or a fence whether the same be lawful or not. C. 0., c. 80, s. 2. 926 s. 5 (2) STRAY ANIMALS Cap. 80 2 PBOCEDUBE. 3. Any person who finds he has on his premises or in his where owner band, herd or flock any estray animal (other than a stallion or''''"°~^" bull) the owner of which is known to him, which cannot be driven away from such premises, band, herd or flock shall at once notify such owner through the mail and such owner within ten days after being so notified shall remove his animal from such premises, band, herd or flock. C. 0., c. 80, s. 3. 4. Any person who finds he has on his premises or in his where owner u band, herd or flock any estray animal (other than a stallion "? wWe"" or bull) the owner of which is unknown to him, which cannot ^oTremove be driven away from such premises, band, herd or flock, or^"'""^' any such animal the owner of which is known to him which is not removed from the said premises, band, herd or flock ^ ^. within ten days after such owner has been notified as provided given in the section next preceding, shall at once forward to the department a notice to the effect that such animal is on his premises or in his band, herd or flock (as the case may be) which notice shall contain the name, location and post office address of the finder and a full description of the animal with all its marks (natural or artificial) colour and probable age with any other remark which may lead to its identification; and such notice shall be published for two consecutive inser- tions in the official gazette and a copy of each issue containing such notice shall be forwarded to every post office and every post of the North-West Mounted Police in the Territories and a copy of the same shall be forwarded with every copy of the said gazette. (2) In addition to the notice forwarded for insertion in the Advertising said gazette the finder of any such animal as is described in the first subsection to this section may cause a copy of the notice to be inserted in three successive weekly issues of the nearest newspaper and any expenditure (not exceeding the sum of $1) made for such advertising shall be reimbursed to the finder by the owner when the animal is claimed or, if not claimed, by the justice after the sale of such animal, upon proof of such expenditure having been made. C. 0., c. 80, s. 4. 5. The owner of any such estray animal shall be entitled ownermay to recover the same from any person in whose possession it on™ende^r"of ^' may be upon tender of the amount of the expenses incurred "'''"'"^^^ up to the time of such tender from the day on which notice was given of the finding of the animal. (2) Such expenses shall consist of the sums prescribed by ^^^, ^^^^^^^^ this Ordinance and no other; and if it is made to appear in are allowed any proceedings taken for the recovery of any such estray animal that tender was made to the finder by or on behalf of the owner of the animal of the amount of the expenses to 927 3 Cap. 80 STRAY ANIMALS 8. 5 (2) which the said finder is lawfully entitled and that such tender was refused, the finder shall thereby forfeit all claim to such expenses in addition to any other penalty to which he may be liable. [(3) Before delivering the animal to the person claiming to be the owner thereof the finder may require from him a statu- tory declaration stating that he is the owner of the said animal.] CO., c. 80, s. 5; 1900, c. 30, ss. 1 and 2. Settlement of Q j^ casB thc owucr of such animal and the finder are disputes as to expenses unablo to agrco as to the amount of such expenses they shall forthwith proceed in the following manner : both parties at any time within three days shall appear before the nearest accessible justice to the place where the animal was found or such other justice as the parties may mutually agree to appear before and upon hearing the statements of the parties upon oath or otherwise as to the justice shall seem advisable such justice shall determine the amount of the expenses payable in the matter and such determination of the justice shall be final and conclusive between the parties. fe'lmenfof"' ^^-^ ^^^^ justice shall be entitled to a fee of $1 for deter- disputes mining such expenses which shall be paid by the party against whose contention the justice determines. drfauiVof°'a ^^^ ^^ default of the payment of the expenses so determined mentofexpen- aud the justlcc's fcB as aforesaid within a time to be stated by the justice, the justice shall sell or cause such animal to be sold by public auction either by the nearest accessible pound keeper or by any person authorized by him in writing to sell such animal and such justice out of the proceeds of such sale shall first pay the expenses of sale and advertising and justice's fees and then the cost of keeping (if any are allowed) to the fmder and the balance to the owner (if known) , otherwise to the minister. Report to de- (4) Tho justico of the peace shall immediately after the sale partment ^^^^^ ^^ ^j^^ department [a return in form B in the schedule hereto.] _[(5) The finder of any animal shall on the request of the minister furnish him with such information as he may require in regard to such animal and the disposal of the same.] CO., c. 80, s. 6; 1900, c. 30, ss. 3 and 4. Payment of pro- 7. Any mouey paid to the minister under the provisions of "'<•' the section next preceding [or the section next following] shall be paid over to the owner of the animal sold on evidence (satisfactory to the minister or other officer appointed to examine intfo the same) being furnished and application therefor being made to the [minister] within twelve months from the date of the sale otherwise such money shall form part of the general revenue fund. CO., c. 80, s. 7 ; 1900, c. 35, s. 5. 928 S. 10 STRAY ANIMALS Cap. 80 8. If such estray animal is not claimed within six months w^en animal after the date of the first publication of the notice provided for '"*' in section 4 of this Ordinance the finder [within sixty days thereafter shall] make application to a justice in fbrm A in the schedule hereto verified under oath before the said justice and the said justice may proceed to sell the animal and deal with the proceeds in the manner provided in subsection 3 of section 6 of this Ordinance. [(2) Before proceeding to such sale th? said justice shall examine the animal and the brands thereon (if any) and the notice in the official gazette provided for by section 4 hereof ; and if on such examination the justice is satisfied that such notice contains an accurate and sufficient description of the animal he shall proceed to sell the same ; but if not so satisfied the justice shall direct the finder to insert in the official gazette a notice containing an accurate and sufficient description of the animal which notice shall be the notice required by section 4 hereof; and the finder shall not be entitled to receive any compensation for anything done prior to the mailing to the official gazette of the last mentioned notice. (3) The said justice shall immediately after the sale send to the department a return in form B in the schedule hereto.] C.O.,c. 80, s. 8; 1900, c. 80, s. 6. 9. At the time and place appointed for the sale of any Procedure at estray animal the finder shall attend with such animal and shall with the animal present a statement of the fees for keeping and expenses incurred in connection with such animal to the justice or other person authorized by the justice to offer the animal for sale. C. 0., c. 80, s. 9. FEES. [10. The following and no other shall be the fees payable under this Ordinance : To the Finder. For the care and sustenance of horses, no charge whatever shall be allowed ; For the care and sustenance of every head of swine, ten cents per day from the date of mailing of notice to the owner or to the official gazette ; For the care and sustenance of any goose, goat, sheep oi^ head of cattle during the period from the fifteenth day ofi November to the fifteenth day of April, five cents per day from the date of mailing of notice to the owner or to the official gazette; but not exceeding $2 for any goose, goat, or sheep, or $5 for anv head of cattle ; 929 5 Cap. 80 STRAY ANIMALS S. 10 For advertising in a newspaper, the amount actually expend- ed not exceeding $1 ; For mileage to and from place of sale, ten cents per mile for each mile necessarily travelled but not exceeding thirty miles ; For postage, the amount actually and necessarily expended. To the Justice. For preparing and posting notices of sale, $1 ; For preparing application and administering oath, $1 ; For postage and exchange or commission on transmission of proceeds of sale the amount actually expended. To the Salesman. Two and one-half per centum of the amount realized by the sale.] 1900, c. 30, s. 7. OFFENCES AND PENALTIES. Penalty 11. If any person commit any of the next following offences he shall on summary conviction thereof before a justice of the peace be liable to a penalty not exceeding $100 : Offences 1. Takes, rides or drives off any horse or head of cattle belonging to another without the owner's consent; 2. When taking his own animal from pasture, without the owner's consent takes or drives off the animal of any other person grazing with his own; 3. Causes or allows any horse or head of cattle belonging to another party (without consent of such party) to be driven with his band or herd more than five miles from its grazing place : Provided that if the owner of any animal in taking it from pasture finds it necessary to drive other animals a greater distance than five miles before he can separate his own animal from among them he shall not be liable to the penalties imposed by this section if he at once drives back such animals to the place from which he drove them ; 4. Demands or receives any sum for keep of any animals or any fee or charge not authorized by this Ordinance ; 5. Neglects to provide sustenance for any estray animal while such animal is to his knowledge upon his premises or in his band, herd or flock ; 6. E«scues, incites or attempts to rescue any animal without payment of the fees due for keep and other expenses incurred by the finder on account of such animal ; 7. Rides, drives or otherwise works or uses for his own 9.S0 Sched. STRAY ANIMALS Cap. 80 pleasure or benefit any astray horse or ox captured or detained under any of the provisions of this Ordinance ; 8. Neglects to promptly notify the owner (if such owner is known) or if such owner after due notification does not take away his animal or (if such owner is not known) neglects to forward the notice provided for in section 4 of this Ordinance to the department on finding an estray animal on his premises or in his band, herd or flock ; 9. Being the finder purchases in person or by his ageait or has any interest of any kind in any animal sold under the provisions of this Ordinance. [(2) The owner of any horse who neglects to remove the same from the premises where it has been found within fifteen days after he has been notified under the provisions of section 3 hereof shall be liable to a penalty of $1 for each day during which such neglect continues after the expiration of the said fifteen days.] CO., c. 80, s. 11; 1900, c. 30, s. 8. 12. Nothing in the preceding section shall prevent the owner of any animal taken, ridden or driven off, improperly treated or worked as aforesaid, bringing a civil action for damages in addition to any penalty imposed hereunder. 0. 0., c. 80, s. 12. 13. Nothing in ihis Ordinance relating to estray animals no rights im- shall impair the rights, powers or procedure given under any ^^"^^ Ordinance respecting the seizure, driving, impounding or selling animals running at large or doing damage. C. 0., ■c 80, s. 13. SCHEDULE. FORM A. To A.B. a justice of the peace in and for the North-West Territories. The applicant avers that on the day of 1 , (naming the date of capture) he found a (description of animal found) on his premises (or band, herd or flock as the case may be) ; That he is unable to drive such animal away from his premises (or band, herd or flock as the case may be); That he has given the notices required by The Stray Animals Ordinance; That the notice was published in the issue of the official gazette dated (date of first issue of gazette containing notice); 931 Cap. 80 STRAY ANIMALS Sched. That six months have elapsed without the said animal hav- ing been released by the payment to the applicant of the moneys he is entitled to be paid under the provisions of the said Ordinance; That the applicant prays that the said animal may be sold at a time not earlier than the eighth day after the date of this notice. {Signature of captor.) I (name of finder) the applicant above named make oath and say that the facts set forth in the above application are true in substance and fact. (Signature of captor.) Sworn before me at this day of 1 A.B., J.P. 932 Sched. STRAY ANIMALS Cap. 80 [FORM B. Return of animal sold under The Stray Animals Ordinance. INFORMATION REQUIRED BY DEPARTMENT DETAILS FURNISHED BY JUSTICE Class of animal General description and brands (if any) .... Name and address of finder Date of capture Dates of gazettes containing notices Date of sale Total amount realized $ Commission on sale $ Justices' fees . . . • $ Keep $ Mileage at ten cents per mile $ Postage and exchange $ Amount sent to Department 1 Date. J.P. Post Office J 1900, c. 30, s. 9. 933 CHAPTER 81. An Ordinance respecting the Herding of Animals. THE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows : SHORT TITLE. Short title This Ordinance may be cited as "The Herd Ordinance/' CO. c. 81, s. 1. INTERPRETATION. Department Minister Animal Trespasser Pound keeper Justice Proprietor Owner Runnings at large 2 . In this Ordinance unless the context otherwise requires — 1. The expression "department" means the department of agriculture ; 2. The expression "minister" means the member of the Executive Council to whom is assigned from time to time the duty of administering the department of agriculture ; 3. The expression "animal" means any horse, mule, jack, fheup, goat, neat cattle or swine; 4. The expression "trespasser" means any animal doing damage in the herd district in the manner mentioned in sec- tion 6 of this Ordinance ; 5. The expression "pound keeper" means the person for the time leing in the authorised charge of any pound; 6. The expression "justice" means any justice of the peaje ; 7. The expression "proprietor" means the owner of any cultivated land or stack of grain or hay or the person having a permit or license to cut hay or any superintendent, overseer, servant or other person acting for and on behalf of sach owner or person ; 8. The expression "owner" means any person owning any animal or any agent or overseer of any such owner ; 9. The expression "distrainor" means any person seizing or distraining any trespasser ; 10. The expression "run at large" or "running at large" means without being under control of the owner either by being securely tethered or in direct or continuous charge of a herder or by confinement within any building or other enclosure or a fence whether the same be lawful or not ; 934 fi. 5 HERDING OF ANIMALS Cap 81 11. The expression "herd district" means the portion or Herd district portions of the Territories to which the provisions of section 6 of this Ordinance have been declared to apply in the manner provided in sections 3 and 4 of this Ordinance. CO c 81, s. 2. ORGANIZATION OF HERD DISTRICTS 3. The Lieutenant Governor in Council may by Order made what districts public by notice in the official gazette declare that the pro- organfzed visions of section 6 of this Ordinance shall apply to any part"" of ihe provisional district of Assiniboia lying to the east of range 17 vrest of the third meridian in the Dominion Lands system oJf survey or any part of the provisional district of Saskatchewan not within the limits of any pound district and being not less than 144 square miles in area ; and thereafter the Lieutenant Governor in Council by Order made public in like manner may enlarge such district by adding thereto any adjoining area or may cancel the Order or Orders constituting such district or any part of such district. CO., c. 81, s. 3. 4 . Before making any such declaration a notice of intention Notice to to do so shall be published in the official gazette and posted in ^ ^"^'" at least one post office in each township within that part of the Territories to be affected by such recommendation or if there be no post office in such township then in the post office nearest thereto at least thirty days prior to making such recommendation. (2) Such notice shall be addressed to the postmaster at such How post office enclosed in a registered cover ; and all the require- ments of this Ordinance respecting the posting of notices shall be held to be completed at the expiration of twenty-four hours after the first mail carrying such notice is scheduled to reach the post office to which the notice is directed. (3) If at any time within thirty days after such notice is objections posted objection is made by a majority of the proprietors of ^^de" land within such proposed district in form A in the schedule hereto, the facts stated in such objection and the signatures thereto being verified by statutory declaration, the proposed declaration shall not be made with respect to such district; but if no such objection is made within thirty days from the posting of the notice the proposed declaration may be made as hereinbefore provided. CO., c. 81, s. 4. OPERATION OF ORDINANCE. 5 . The provisions of section 6 of this Ordinance shall apply when in the herd district between the fifteenth day of May and the^^air 935 Ordinance operate Cap. 81 HERDING OF ANIMALS s. 5 thirtieth day of October, both days inclusive, in each year and shall commence to take effect in any area brought under the operation of the said section after the passing of this Ordi- nance on, from and after the fourteenth day after the date of the issue of the official gazette containing the notification of such area being brought under the provisions of the said section 6 in the manner hereinbefore provided. CO., c. 81, s. 5. Actions for the doing- of which animals may be impounded 6. Any proprietor may distrain any animal in the herd district within any period in which this section is in force in such district which is doing damage upon his cultivated land or stacks of grain or hay or upon any slough growing hay in his possession or with respect to which he has a permit or license to cut hay ; and when any such distress is made the distrainor may drive and deliver the animal distrained to the nearest accessible pound keeper in the herd district and the said pound keeper shall impound such animal and shall be responsible for the feed and safe keeping thereof so long as he is legally bound to hold the same and such poixnd keeper i.i empowered to collect the amount of the damage caused by and all the charges for the keeping and other incidental expenses connected with such animal before delivering up the same to the owner ; and it shall be the duty of the distrainor to leave wjlh the pound keeper a statement in writing describing the animal distrained, the name of the owner (if known) , the place v.heie such distraint was made, the extent of the damage and the amount of the claim therefor and of his reasonable charges ii.curred in driving such animal to and delivering the same t."> the pound keeper. CO., c. 81, s. 6. Stallions or bulls in herd district Proviso 7 . No procedure under The Entire Animals Ordinan:e shall be taken with respect to stallions or bulls in any herdi district, but if the proprietor of any land in any herd district captures any stallion or bull running at large within such herd district he shall drive such stallion or bull to and deliver the sanje at the nearest accessible pound in the said herd district 'blether the owner of such stallion or bull be known to the captor or not ; and such stallion or bull shall be dealt with i ri every way as a trespasser may be dealt with under this Ordinance : Provided that the owner of any stallion or bull who, after Rceivirig a notice signed by a justice of the peace that such STiillion or bull is running at large contrary to the provisio'-is of this Ordinance and requiring such owner to capture and confine the same neglects or refuses within forty-eight hour? to comply with such notice, shall be guilty of an offence and liable on summary conviction thereof before a justice of the peace to a penalty of $5 for every day after the expiration of 936 S. 11 HERDING OF ANIMALS Cap. 81 4 the time mentioned in said notice the stallion or bull is at large. CO., c. 81, s. 7. 8;. Any proprietor who shall impound any animal in anyAmmaito pound or place not authorized by this Ordinance shall be guilty aStfelj" of an offence and upon summary conviction thereof before a''"""'^ justice of the peace be liable to a penalty not exjceeding $20. (2) Any such proprietor upon whose property any animal is Temporarily found trespassing may (if he know its owner) temporarily""""""'^''^ impound the same in any convenient place for a period not exceeding three days and shall within twenty-four hours after such impounding deliver to such owner a written memorandum in Uke manner as it is hereinbefore enacted shall be delivered to a poundkeeper with any trespasser impounded in his pound ; and shall feed and maintain such animal so impounded ; and may at the expiration of such time (if not sooner duly released) deliver it to the keeper of the nearest accessible pound ; and such proprietor may make a charge for feeding and maintain- ing such animal and for sending notice not exceeding such as might by law be made by a pound keeper, but shall not be entitled to any compensation for damage except for such as was done before the temporary impounding. CO., c. 81, s. 8. APPOINTMENT OP POUND KEEPERS. 9. Iti any herd district the minister may appoint one or Pound more pound keepers therefor and notice of every such appoint- appointed by ment shall be published in the official gazette, describing the name and post office address of such pound keeper and the location of the pound : Provided that all pounds established or pound keepers Proviso appointed therefor at the time of the passing of this Ordinance shall be deemed to be the pounds established and the pound keepers appointed under the provisions of this Ordinance and subject to the provisions thereof. CO., c. 81, s. 9. 10. Every appointment of a pound keeper made under the ah appoint- provisions of this Ordinance shall terminate on the thirty-first terminate on ■ 1 Tin Ti December 31 day of December m each year but all pound keepers so annually appointed may at the expiry of each period of twelve months be eligible for reappointment. (2) Any pound keeper wishing to resign his appointment Resirnatjon^ot may do so but no such resignation shall take effect until a suc- cessor to such pound keeper is appointed. CO., c. 81, s. 10. 11. Every notice of the appointment or removal of any Publication pound keeper or the establishment or abolition of any pound" """"'" published in the official gazette of the Territories shall be 937 Cap. 81 HERDING OF ANIMALS S. 11 evidence that such pound keeper or pound has been legally appointed, removed, established or abolished as in the said noticeis mentioned. CO., c. 81, s. 11. DUTIES OF POUND KEEPERS. Book to be kept by pound keeper and handed over to successor 12. Every pound keeper shall keep a pound book in a form to be prescribed by the minister from time to time and shall make all entries therein as soon after the doing of the several things required to be entered therein as possible and shall not make any entry after any dispute as to the subject matter of such entry shall have arisen ; and the said pound book and a copy of this Ordinance vs^hich the pound keeper is hereby required to keep shall at all reasonable times be open to the inspection of any justice or member of the North-West Mounted Police force free of charge and of any other person upon payment of the sum of ten cents ; and every such pound keeper shall grant extracts from his pound book to any person requiring the same upon payment of twenty-five cents for each extract not exceeding one hundred v^ords and the sum of ten cents for every subsequent number of words not exceeding one hundred. (2) Every pound keeper shall on his removal from office or on the acceptance of his resignation deliver such pound book to the person who may be appointed to receive it. CO., c. 81, s. 12. Pounds to be kept clean 13. Every pound keeper shall at his own cost keep the pound to which he is appointed clean and in good repair and shall supply the animals impounded therein with sufficient and wholesome food and water and the pound keeper may send such animals out of his pound at fit times and to fit places for grazing or watering and every pound keeper shall be respon- sible to the owner of any impounded animal for every loss or damage occasioned by any act of himself or his agent. CO., c. 81, s. 13. Returns to be made 14. Every pound keeper shall make such return to the minister relating to the impounding of animals in his pound as may from time to time be required by him. CO., c. 81, s. 14. PAYMENT OF CHARGES ON IMPOUNDED ANIMALS. Charges to be payable to pound keeper 15. All charges payable in respect of any impounded animal shall be payable in the first instance to the pound keeper who shall hold the same subject to the provisions of this Ordinance for the person entitled thereto. CO., c. 81, s. 15. 938 S. 21 HERDING OF ANIMALS Cap. 81 16. No charges or claim for damage done shall be payable Penalty for to or recoverable by any person in respect of the trespass of orlm^Zdin^ damage done by any animal who shall impound or detain such animal for upwards of three days in any place not being a pound within the meaning of this Ordinance. CO c 81 s. 16. ■ ■' ' ' 17. Whenever any animal has been captured or distrained A„imai may by any person under any of the provisions of this Ordinance before"'"' for the purpose of impounding the same if the owner of the '"■'"""'''"^ animal or some person on his behalf pay or tender to the person seizing or having charge of such animal before the same has been actually impounded the charges for which such animal has then become liable under this Ordinance, the per- son having charge of such animal shall forthwith deliver up the same to the owner or the person tendering the said charges on his beha]f- CO., c. 81, s. 17. 18. Every pound keeper shall receive and retain in his Pound keeper custody any animal lodged in his pound until the damages forl°f^at" ''" which such animal was impounded and all lawful fees and '"p"""'*''^ charges shall be paid or until he shall receive notice of the decision of the justice as hereinafter provided. CO., c. 81, s. 18. NOTICE OP IMPOUNDING. 19. If the owner of any impounded animal is known to the Notices to be pound keeper the pound keeper shall forthwith deliver at or fiuTa keeper post to the address of such owner a notice in form B in the schedule hereto. (2) In case such owner is not known or such owner or person notified shall not within three days after the posting or delivery of such notice appear at the pound and release the animal so impounded by the payment of the lawful fees, mileage rates and claim for damages the pound keeper shall forward to the department for insertion in two consecutive issues of the official gazette a notice in form B in the schedule hereto. CO., c. 81, s. 19. 20. Every pound keeper shall without charge therefor in copies of ai addition to any copies of any notice which he may be required posted at under this Ordinance to post or deliver, post a copy of every ''"""'^ such notice in a conspicuous place at his pound and shall keep and maintain such notice at his pound during the whole of such time such notice may refer to.. CO., c. 81, s. 20. SALE OF IMPOUNDED ANIMALS. 21. When any animal shall not have been released from *li*^' >j;''^;;_^j^_j pound within twenty days after the notice has been inserted 'a"fma"s may 939 Cap. 81 HERDING OP ANIMALS S. 21 be sold Pound keeper not to have interest in sale in the official gazette as in section 19 mentioned the said animal shall be sold by public auction after notice of such sale shall have been posted for eight days in three conspicuous places within the herd district (one of which shall be the post office nearest ine pound) ; and at such sale the pound keeper shall be the auctioneer and such sale shall be held at the pound and shall commence at the hour of two o'clock in the afternooa and the pound keeper shall neither in person nor by his agent purchase any animal at such sale or have any interest of any kind in any animal so purchased. CO., c. 81, s. 21. When animals 22. If more than one animal is impounded on any distress may not be sold . ^ ^ and the owner thereof is known the pound keeper shall not sell any more of such animals after he has realized from the sales sufficient to satisfy the claims for damages, expenses and fees chargeable against the animals and the owner of the animals shall be entitled to those remaining unsold. (2) If the owner of the animals is unknown the pound keeper shall sell all the animals impounded. (3) The pound keeper shall immediately after such sale send to the department a description of the animal or animals sold, the date of sale, the amount realized and the disposition thereof. CO., c. 81, s. 22 Pound keeper need not be licensed as auctioneer 23 . No pound keeper making a sale under the provisions of any Ordinance shall be liable to a penalty for selling without a license as an auctioneer. CO., c. 81, s. 23. Disposal of proceeds of sale PROCEEDS OF SALES, HOW DISPOSED OF. 24. The proceeds of the sale of any impounded animal sold under the provisions of this Ordinance shall be apphcable in payment — (a) Of any costs and charges attending such sale ; (h) Of all sustenance fees; (c) To the impounder of such animal of the amount due to him for mileage charges and for the damage done ; (d) The residue if any to the owner of such animal or (if not claimed at the time of sale by any person, entitled thereto) to the minister. CO., c. 81, s. 24. Owner's claim to net proceeds 25. Any money paid to the minister under the provisions of the section next preceding shall be paid over to the owner of the animal sold on evidence (satisfactory to the minister or other officer appointed to examine into the same) being furnished and application therefor being made to 'the Lieutenant Governor within twelve months from the date of 940 S. 27 (2) HERDING OF ANIMALS Cap. 81 the sale ; otherwise such money shall form part of the general revenue fund. CO., c. 81, s. 25. COMPLAINTS OP OWNER. 26. The owner of any impounded animal may give notice what action ... i.-i -t 1 ii 1. T ./D may be taken m writing to the pound keeper that he intends to complain to ty "wner a justice against the person impounding such animal ; and upon receipt of such notice and on deposit with the pound keeper of the amount claimed for damages together with the pound and other authorized fees and charges the pound keeper shall release such animal and shall retain such amount subject to the order of the justice as hereinafter provided. (2) Such complaint may be upon one of the following How grounds : shaifbe" formulated (a) That the impounding was illegal ; or (b) That the damages claimed are excessive ; or 1^ t- *> impounding 4. Drives any animal upon any cultivated land or to any Causing stack of grain or hay or upon any slough gi'owing hay. C.O.,rre'5as5° c. 81, s. 32. 943 11 Cap. 81 HERDING OF ANIMALS FEES. S. 33 Authorized fees Expenses for driving animal to pound Capturing stallion or bull Damagres Giving notice or for temporary impounding Sustenance ot impounded animals Notice to owner Notice to department Notice* posted in district Advertising Notices of sale Mileage Sale charges 33 . The following and no other shall be the fees authorized by this Ordinance in connection with animals impounded within any herd district — 1. To the proprietor of any land trespassed upon or other property injured by any animal or the proprietor capturing any estray, for driving and delivering such animal to the pound keeper, his reasonable expenses ; 2. To such proprietor for capturing and impounding any stallion of the age of one year and upwards or any bull of the age of nine months and upwards, a fee of $5 ; 3. To such proprietor for any damage done by any animal an amount not to exceed that mentioned in the statement of claim delivered to the owner or pound keeper with the animal when impounded ; 4. To such proprietor for notifying the owner or for every day any animal is lawfully detained before being placed in pound, such fees for making such notification and for the sustenance of such animal as a pound keeper may be author- ised to charge for like services ; 5. To the pound keeper to provide for the care and susten- ance of each animal for each day such animal is impounded as follows : For each stallion or bull, twenty-five cents ; For each other horse, mule, jack, head of cattle or swine, fifteen cents ; . For each sheep or goat, five cents ; 6. To the pound keeper for notifying owner of animal im- pounded, ten cents; 7. To the pound keeper for forwarding notification to department for insertion in the official gazette , ten cents ; 8. To the pound keeper for posting notices of animals impounded , each such notice to include all animals impounded at one distress or seizure, $1 ; and the actual cost of newspaper advertising, not to exceed $1, when incurred; 9. To the pound keeper for posting notices of sale, each such notice to include all animals impounded at one distress or sei2;ure, $1 ; 10. To the pound keeper for each mile, necessarily travelled in the performance of his duties, ten cents; 11. To the poundkeeper for selling impounded animals and applying the proceeds as directed by this Ordinance, $2.50 per centum commission upon the amount realized on the sale. CO., c. 81, s. 33. 944 Schcd. HERDING OF ANIMALS SCHEDULE. Cap. 81 12 FORM A. To the Lieutenant Governor in Council— We, the undersigned, being proprietors or occupiers of land in {here describe the district proposed to be constituted as a herd district) hereby record our objection to the provisions of The Herd Ordinance being enforced within the said District : NAME LAND OWNED OR OCCUPIED. Quarter Section T'wnshij. Eange West Meridian I, A.B., of (post office address) do solemnly declare: 1. That the total number of persons in the area described in the foregoing statement of objection being holders or occu- piers of land under whatever tenure or superintendents, over- seers or other duly authorized persons acting for or on behalf of such holders or occupiers, is (here insert the total number of persons residing in the proposed Herd District and owning or occupying land therein) ; 2. That I was personally present and did see each of the {number of persons signing the statement) persons whose names are subscribed thereto sign the said statement ; 3. That each of the {number of persons signing the state- ment) persons signing the statement is qualified to do so by virtue of being the holder or occupier of land under whatever tenure or a superintendent, overseer or other duly authorized person acting for or on behalf of such holder or occupier of land within the proposed herd district ; 4. That each person signing the said statement before so doing was cognizant of the contents thereof ; And I make this solemn declaration conscientiously believ- ing it to be true and knowing it to be of the same force and MM 945 13 Cap. 81 HERDING OF ANIMALS Sched. effect as if made under oath and by virtue of The Canada Evi dence Act 1893. (Signature of person making declaration ^ Declared before me ] this day I of 1 . I at ^ (Signature of person administering declaration. FOEM B. To (name of oioner or Department of Agriculture as the cast may be.) Notice is hereby given under section 19 of The Herd Ordi- nance that (description of animal impounded) was impounded in the pound kept by the undersigned on the ^description of quarter section or other place where pound is located) on day the day of 1 (Signature of Pound Keeper.) 946 CHAPTER 82. An Ordinance for the Protection of Sheep and other Animals from Dogs. rrHE Lieutenant Governor by and with the advice and con- -•- sent of the Legislative Assembly of the Territories enacts as follows: 1. Any person may kill any dog in the act of pursuing, worry- when aog may ing or destroying cattle, horses, sheep, pigs or poultry else- >'= ■'"'^'^ where than on the inclosed land occupied by the owner of such dog. CO., c. 82, s. 1. 3. On complaint made on oath before a justice of the peace Proceedings that any person owns or has in his possession a dog which has of rldousTog within three months previous, worried, injured or destroyed any cattle, horses, sheep, pigs or poultry outside of the inclosed land occupied by the owner of such dog, such justice of the peace may issue his summons directed to such person stating shortly the matter of such complaint and requiring such person to appear before him at a certain time and place therein stated, to answer to such complaint; and upon conviction on the evi- dence of one credible witness other than the complainant, of having such dog in his possession, the justice of the peace may make an order for the killing of such dog within three days and in default thereof may in his discretion impose a fine upon such person not exceeding $20 with costs. CO., c. 82, s. 2. 3. No order or conviction under this Ordinance shall bar Arfonfor^^^ any action by the owner or possessor as aforesaid for the recovery hlTrtr" °° of damages in respect of the subject matter for which such conviction is had. CO., c. 82, s. 3. 4. It shall not be necessary for the plaintiff in any action p_.^^f^j for injuries done by a dog as aforesaid to prove that the defend- ^^"'J^^-^s^ °^ ant was aware of the propensity of the same to pursue and unnecessary injure animals nor shaU the liability of the owner or possessor as aforesaid of any dog for any injury done by such dog depend upon his previous knowledge of the propensity of the same to injure animals. CO., c. 82, s. 4. 947 CHAPTER 83. An Ordinance respecting Stock Injured by Railway Trains. THE Lieutenant Governor by and with the advice and con- -^ sent of the Legislative Assembly of the Territories enacts as follows: Notices to be given when stock killed cr injured Notice to be posted Penalty 1. In the event of any stock being killed or injured by any railway train the conductor or other person in charge of the said train shall forthwith notify the nearest station agent of the railroad company upon whose line of railway the accident has occurred and the said agent shall forthwith in case the owner is known or afterwards becomes known to the agent send a notice to the owner stating the date and place of the accident. CO., c. 83, s. 1. 2. The agent shall in all cases forthwith post in a public place and manner in the station house a notice giving a full description of the animal or animals with a statement of the time and place where the animal or animals were killed or in- jured and such notice shall not be removed for three months unless in the meanwhile the owner becomes known to the agent. CO., c. 83, s. 2. 3. Any person infringing any of the provisions of this Ordinance shall be liable on summary conviction thereof to a penalty of not more than $50. CO., c. 83, s. 3. 948 CHAPTER 84. An Ordinance respecting Noxious Weeds. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enaz-ts as follows SHORT TITLE 1. This Ordinance may be cited as "The Noxious PfeecZs short title Ordinance." 1903, 1st session, c. 24, s. 1. INTERPRETATION. 3. In this Ordinance xmless the context otherwise requires — interpretation 1. The expression "noxious weeds" shall include tumbling mustard, hare's-ear mustard, common wild mustard, ball mus- tard, tansy mustard, wormseed mustard, false flax, shepherd's purse, stink weed, red root, Canada thistle, Russian thistle, ragweed, wild oats, [Russian pigweed, and blue burs]; 2. The expression " Department " means the Department of Agriculture; 3. The expression " Commissioner " means the Commissioner of Agriculture ; 4. The expression " Inspector " means an inspector appoint- ed under this Ordinance; 5. The expression " occupant " means a person occupying or having the right to occupy any land; 6. The expression '' owner " includes every person who has any estate or interest in land, or who has any right to be vested with such an estate or interest. 1903, 1st session, c. 24, s. 2; 1904, c. 11, s. 1. INSPECTORS AND OTHER OFFICERS. 3. The commissioner may from time to time appoint such Appointment inspectors and other officers as may be required to carry out ^nd'o^Sra^ the provisions of this Ordinance, fix their remuneration and define their duties. 1903, 1st session, c. 24, s. 3. DUTY OF OWNER OR OCCUPANT OF LAND. 4. Every owner or occupant of land shall destroy all noxious Noxious weeds weeds thereon, and if he makes default in so doing he shall i-)e t° *"= destroyed guilty of an offence, and on prosecution therefor by an overseer of the local improvement district or by an inspector or other 949- Cap. 84 NOXIOUS WEEDS S. 4 officer under this Ordinance, shall on summary conviction thereof be liable to a penalty not exceeding $100 and costs. (2) For the purpose of this Ordinance the owner or occupant of any land adjoining a pubhc road shall be deemed to be the owner or occupant of that portion of such road which lies be- tween the centre line thereof and the adjoining land of which he is the owner or occupant. 1903, 1st session, c. 24, s. 4. DESTRUCTION OF WEEDS. Weeds on cropped lands 5. Any inspector finding noxious weeds growing in any grain crop may notify the owner— (a) To cut and burn or plough under such crop or any part thereof within a stated time, or (b) To fence or burn the straw and screenings from such crop within ten days after it is threshed. 1903, 1st session, c. 24, s. 5. Notice to destroy weeds 6. Any inspector finding noxious weeds growing on occupied lands shall notify the occupant thereof to destroy such weeds within five days from the date of such notification. 1903, 1st session, c. 24, s. 6. Notice to destroy weeds 7. Any inspector finding noxious weeds growing on unoc- cupied lands shall notify the owner by registered letter addressed to his last known address, if any, to destroy such weeds within five days from the date of such notice. 1903, 1st session, c. 24, s. 7. Railway lands _ 8. Any inspector finding noxious weeds growing on railway right of way or any unoccupied lands owned by or forming part of the land grant of any railway company shall notify any section foreman or station agent of the railway company by registered letter to destroy such weeds within five days from the date of such notice. 1903, 1st session, c. 24, s. 8. Lands ot Irrigation Company Penaltj; for neglecting^ to destroy weeds Procedure where notice disregarded or cannot be given 9. Any inspector finding noxious weeds growing in or upon any ditch or right of way of any irrigation company shall notify the manager, superintendent or ditch rider of such company by registered letter to destroy such weeds within five days from the date of such notice. 1903, 1st session, c. 24, s. 9. 10. Any person to whom notice has been duly given under any of the preceding sections who neglects to carry out the directions contained therein shall be guilty of an offence and on summary conviction thereof shall be liable to a penalty not exceeding $100 and costs. 1903, 1st session, c. 24, s. 10. 11. In case noxious weeds are not cut down or otherwise destroyed on any land pursuant to any notice given by an inspector under this Ordinance or in case the name or address 950 s. 17 NOXIOUS WEEDS Cap. 84 3 of the owner of such land is unknown, the said inspector or any person or persons directed by him, may forthwith enter upon the land with the necessary teams and implements and destroy such weeds in such manner as the inspector may see fit. 1903j 1st session, c. 24, s. 11. 13. The amounts expended in the work performed under ^^/j°™/'' °' the next preceding section may be recovered from the owner destruction or the occupant of the land by action in the name of the Attorney General or the inspector or by distress by the inspector or his agent of any chattels on the land. 1903, 1st session, c. 24, s. 12. 13. Any such amount which has not been satisfied on or Amounts before the 1st day of January next following its expenditure adS'^totoi shall be added to and form part of the local improvement a'JPeTs^Si't"' assessment of such lands in all respects as if it were an original tax and it shall have the same effect on the land and may be recovered in any of the modes available for the recovery of such taxes and the amount so recovered shall be transmitted to the Territorial Treasurer and form part of the general revenue fund of the Territories. 1903, 1st session, c. 24, s. 13. 14. Upon the [secretary] of a local improvement district °'^|r^|"o°„t receiving notice from the commissioner of any amount to be ^bt^'"'* ia" LIQUOR LICENSE Cap. 89 2 outhouse, shed or any other place whatsoever of, belonging or in any manner appertaining to such house or place; 10. "Liquor" or "liquors" means and comprehends all spir- Liquor ituous and malt liquors and all combinations of liquors and'''"'""" drinkable liquors which are intoxicating; 11. "Public bar" or "bar" means and includes any room, PubUc bar passage or lobby in any licensed premises into which the public ^*'' may enter and purchase Uquors; [12. "Inspector" means a license inspector appointed by the inspector Lieutenant Governor in Council under the provisions of this Ordinance ;] 13. "Sale by retail" means the sale of a quantity, not to saie by retail exceed half a gallon at any one time, of ale, beer or' porter or one quart of wine or spirits ; 14. "Electors" mean? those who are entitled to vote at an Electors election for a member of the Legislative Assembly of the Terri- tories ; 15. "Judge" means a judge of the Supreme Court usually judge exercising jurisdiction in the judicial district in which the license district (or the greater portion thereof) is situate. CO. c. 89, s. 2; 1900, c. 32, s. 2. EXCEPTIONS FROM APPLICATION OP ORDINANCE. 3. Nothing in this Ordinance shall apply — oSiil^nce" °* limited 1. To manufacturers of native wine from fruits grown and Manufacturer produced in Canada and who sell such wines in quantities oi °f '^^^"^ -"'"^ not less than one gallon or not less than two bottles of three half pints each at one time at the place of manufacture; 2. To any person who holds a hcense as auctioneer selling Auctioneer^^ hquor at public auction: ^ ^ • , .oitllU^l' Provided that the liquor being sold forms part of an insoivent debtors estate, debtor's estate and is named in the inventory thereof and offered for sale under instructions from the creditor or creditors of such estate or his or their assignee, agent or trustee and that the stock of such liquors- is not broken for the purpose of such sale and is not removed from the place in which such liquors were originally exposed under license; 3. To the sale of beer in any canteen, of the North-West s-J^ °f,be- Mounted PoUce estabhshed under proper authority; such sale canteens to be restricted to members of the North-West Mounted Police; 4. To the sale of any liquor by virtue of an execution or Judicial sales other judicial process; [5. To a bona fide sale by a licensee of his stock of liquors in conjunction with a sale and transfer of his interest under the license; 969 3 Cap. 89 LIQUOR LICENSE s. 3 (6) 6. To a bona fide sale to a licensee or licensees by a person who has been the holder of a license at any time within sixty days after his license has ceased to be in force; 7. To a bona fide sale to a licensee by the personal repre- sentative of a deceased licensee at any time within sixty days after such decease; 8.' To the mess of any portion of the militia of Canada estab- lished under proper authority such sale to be restricted to members of the militia of Canada.] CO., c. 89, s. 3; 1901, c. 33, s. 1; 1904, c. 14, s. 1. LICENSE DISTRICTS. License districts ^ rpj^^ Licutcnant Govemor in Council shall establish dis- tricts for the purposes of this Ordinance to be called license districts and may from time to time alter and redefine the same; and the license districts when so established and when altered shall be announced by proclamation in The North-West Territories Gazette. CO., c. 89, s. 4. LICENSE COMMISSIONER. commissioners Oath of office of commissioners Board of license 5. There shall be a board of license commissioners to be composed of three persons to be appointed from time to time by the Lieutenant Governor in Council for each license district and each of them shall cease to hold office on the thirty-first day of December in each year subject however to removal at any time before that date at the pleasure of the Lieutenant Governor in Council but may be reappointed and the said office shall be honorary and without any remuneration except that such commissioners may be allowed for their travelling and other expenses while attending meetings of the board the sum of $.5 per day and their actual railway fare or expenses for horse hire and each of such boards may elect one of their number to act as chairman and one to act as secretary. (2) Every commissioner shall forthwith after his appoint- ment and before performing any of the duties of his office take and subscribe the following oath or affirmation: I {name in full) do hereby solemnly swear {or affirm) that I will faithfully perform my duty as a license commissioner for license district number . So help me God. Sworn {or affirmed) before me, A. B., at in the North-West Territories this day of , A.D., 1 J. P., or etc., etc. [In the case of an affirmation the words "So help me God" shall be omitted.] (3) The said oath or affirmation shaU be forthwith returned by the commissioner to the [Attorney General]. CO. c. 89, s. 5. 1900, c. 32. s. 1. 970 s. 12 (3) LIQUOR LICENSE Cap. 89 4 L' CENSE INSPECTORS. 6. (Repealed) 1900, c. 32, s. 3. 7. The Lieutenant Governor in Council may appoint one or 'V'f °'"''"^"' more license inspectors for any license district or for the Ter- inspectors ritories and shall fix their salaries or fees and prescribe their duties. No. 7 of 1897, s. 7. 8. It shall be the duty of every inspector from time to time 'fji?|i'clnsed° when directed by the [Attorney General] to visit and inspect p'.=i'^« when every licensed place within the district and to report forthwith to him every case of infraction of the provisions of this Ordi- nance ; and every inspector shall at once and in conformity with the provisions herein contained prosecute any person so offend- ing and shall suffer no unnecessary delay to intervene between his obtaining the information and the prosecution. CO., c. 89, s. 8;1900, c. 32, s. 1. 9. (Repealed) 1900, c. 32, s. 4. 10. In case any person gives to the inspector information JnformSio'n'^'' justifying the prosecution of any person for offences against ^""^ p^os'^'=""= this Ordinance it shall be the duty of the inspector to lay the information in his own name and prosecute. CO., c. 89, s. 10. [11. The council of any city, town or rural municipality or^; the ratepayers of any village at the annual meeting or at any ^^^y appoint special meeting called for that purpose may appoint an inspec- tor or inspectors of licenses who shall have all the powers con- ferred by this Ordinance upon inspectors within the limits of such city, town, rural municipality or village; and in case any person is convicted of an offence against any of the provisions of this Ordinance through the action of such inspector then the Territorial Treasurer shall pay to such city, town, rural municipality or village one half of any fine recovered through such conviction. 1900, c. 32, s. 5. LICENSES. 13. Licenses shall be either. Form or (a) "Hotel" or "^^"^^ (b) "Wholesale." (2) Licenses shall be signed by the [Attorney General] and shall be in form F appended hereto. (3) Under a wholesale license the licensee may sell and dispose of liquors in the warehouse, store, shop or place defined m wholesale the license in quantities of not less than one-half gallon m each cask or vessel and in case of such selling by wholesale as in respect of bottled ale, beer, porter, wine or other fermented or spirituous liquors each such sale shall be m quantities not ^ 971 Wholesale license limited Cap. 89 LIQUOR LICENSE s. 12 (3) less than one reputed quart bottle or two reputed pint bottles and liquors thus sold shall not be consumed in or upon the house and premises in respect of which the Ucense is granted: Provided that in case of any conviction against a wholesale licensee for allowing liquors to be consumed in or upon such house or premises such licensee shall absolutely forfeit his license or licenses and no new license shall thereafter be grant- ed to such licensee in the license district in which such licensed premises are situate: Provided further that in incorporated cities and towns no business other than a liquor business and the sale of cigars and tobacco shall be carried on upon the premises covered by such wholesale license. CO., c. 89, s. 12. iw fn^me ot 13. Licenses may be issued in the name of a copartnership copartnership ^hcu two or more persons are carrying on business in the same name but a separate license shall be required in every separate place of business of such firm. partnership" (2) A llcensc granted to any firm or partnership shall with- out any formality enure to the benefit of the remaining part- ner or partners in the event of the withdrawal or removal of any of them by dissolution or any other determination of the partnership. I^miSbS^""^ [(3) Each member of a Ucensed partnership shall be liable to the penalties imposed against licensees for breach of the provisions of this Ordinance. Effect of con- (4) for the purposes of the consequences of any conviction viction SLgamst \ t • r\ f • • • i • member of firm Under this Ordmancc a conviction against any person who is a member of a licensed partnership whether made while he is a member of such partnership or prior thereto shall have the same effect as if such conviction had been against each member of the said partnership. Noiiccnseto (5) Nq liceuse shall be granted in the name of one member member of firm if i. it iini 'in only or a partnership and any license so granted shall be void.J CO., c. 89, s. 13; 1903, 1st session, c. 26, s. 1. Incorporated . l*" ^'^Y lucorporatcd company may become a licensee ox company may I'icensecs lu auy district under the provisions of this Ordinance become hcensee ,. ^ ^ ^ • t t i .■ fi- and m such cases all acts required under the provisions of this Ordinance to be done by any person as licensee whether prior Officer or to Or aftcr the granting of a license may be done in the name Agent may ^f ^^iQ Company by the officer or agent of the said company in charge of the particular premises for which the license is to be or shall have been granted, [who personally shall be liable as licensee as well as said company in respect of the offences and penalties under this Ordinance]. 15. (Repealed) 1903, 1st session, c. 26, s. 2. u«nse^8 for beer ^^ ^^J keeper of a dining hall situated within fifty feet of the lines of railway may obtain a dining hall license for the sale of beer only and shall pay therefor the sum of $100 to 972 s. 176 (3) LIQUOR LICENSE Cap. 89 6 the Territorial treasurer ; such Ucenses shall expire on the thirtieth day of June in each year: Provided that where any such license is granted the premises being within the limits of an incorporated city or town the licensee may by by-law be required to pay to such incorporated city or town such a sum not exceeding $100 as it may deter- mine. CO., c. 89, s. 16. 17. Any railway company may obtain a special license Spedai license from the [Attorney General] to sell wine, ale, beer and spirits c°mpiny^ on any dining car attached to a, train upon the line of their railway and shall pay therefor the sum of $100 to the Terri- torial treasurer; such licenses shall expire on the thirtieth day of June in each year. (2) The general provisions of this Ordinance as to applica- tions for licenses and the proceedings thereon shall not apply in the case of applications for licenses under this or the pre- ceding section. CO., c. 89, s. 17; 1900, c. 32, s. 1. [17a. The Attorney General may grant licenses to commer- [Commercial cial travellers and agents empowering them to take orders in license]" the Territories for liquor to be imported into the Territories to fill such orders. (2) Such license shall not empower the person to whom it is granted to keep a stock of liquor in the Territories but merely to take orders for liquor to be sent into the Territories to fill such specific orders. (3) Such license may be transferred by the Attorney General upon payment of the fee of $10. (4) Any person who solicits or takes any order in the Terri- tories for liquor to be supplied from outside the Territories without having obtained the license in this section mentioned shall be liable to the penalty prescribed by section 85 of this Ordinance.] 1901. c. 33. s. 19. [176. The license granted under the next preceding section [Quantities that shall authorize the sale of liquor only in quantities of not less ■"='>"« =°"1 than five gallons in each cask or vessel at any one time or where sale is in respect of bottled liquor in quantities of not less than one dozen bottles of at least three half pints each or two dozen bottles of at least three-fourths of one pint each at any one time. (2) The provisions of this Ordinance as to applications for licenses and the proceedings thereunder shall not apply to licenses granted under either of the two next preceding sections. (3) Such license shall expire on the thirtieth day of June in each year and the fee payable therefor shall be 1210.] 1901, c. 33, s. 20; 1903, 1st session, c. 26, s. 16. 973 Cap. 89 LIQUOR LICENSE S. 18 Additional hotel licenses Certificate of ratepayers 18. In any incorporated city containing a population of three thousand or over, additional hotel licenses may be issued to two restaurants and in any incorporated city containing a population of two thousand or over, an additional hotel license may be granted to one restaurant and the board may dispense with hotel qualifications for that purpose but the restaurants so licensed shall be subject to the other provisions contained in this Ordinance regarding hotel licenses and the holders of such licenses shall be subject to the provisions herein contained concerning hotel licenses: Provided that no licenses shall be issued to restaurants where the municipal council has notified the board protesting against the issue of such licenses. (2) No such license shall be granted until the premises have been inspected and found to contain a suitable dining room, kitchen and necessary appliances, and until a certificate has been filed with the inspector signed by ten resident ratepayers assessed on the last assessment roll for $1,200 or upwards certifying that in their opinion said restaurant is desirable for the purpose of providing meals for the public, and the inspector shall see that the meals are furnished for the public during the existence of said Hcesne. CO., c. 89, s. 18. License to be a license only to person named therein 19. Subject to the provisions of this Ordinance as to removals and the transfer of licenses every license for the sale of liquor shall be held to be a Ucense only to the person named therein and for the premises therein mentioned and shall remain valid only as long as such person continues to be the occupant of the said premises and the true owner of the business there carried on. CO., c. 89, s. 19. Disqualified 20. No llccnse shall be granted to any person declared in fndlgibie pursuance of this Ordinance to be a disqualified person during the continuance of such disqualification; any license issued to a person so disqualified shall be void. CO., c. 89, s. 20. Commissioner or inspector cannot license 31. No license shall be granted under the provisions of this oSain Ordinance to or for the benefit of any person who is a license commissioner or license inspector and any license so issued shall be void. CO., c. 89, s. 21. Premises owned 22. No licensc shall be issued under the provisions of this o?fnsp?c'toTnot Ordinance for premises within any district of which a member licensed qJ ^j^g board or the inspector of such district is the owner. CO., c. 89, s. 22. No license to [^3. No Uccnse shall be granted to any married woman who married woman] ig not & llcensec at the time of the coming into force of this Ordinance.] 1903, 1st session, c. 26, s. 3. 974 s. 27 LIQUOR LICENSE ' Cap. 89 8 ACCOMMODATION REQUIRED IN LICENSED HOTELS. [34. Every licensed hotel shall contain in addition to what Hotel is required for the use of the licensee, his family and servants, ="''=°"'"'°''^''°" the number of bedrooms following, that is to say: (a) In cities and towns at least twenty; (h) In villages at least ten; and in every case a suitable complement of bedding and furniture. (2) Every licensed hotel shall have two public sitting rooms separate and distinct from the bar room. (3) The foregoing subsections shall not apply in the case of hotels for which a Ucense is in force or recommended by the board of license commissioners at the passing of this Ordinance until the first day of July, 1905, the provisions of the first and second subsections of the said repealed section 24 remaining in force in respect of such hotels until the said first day of July 1905. (4) Every licensed hotel shall be provided with suitable and sufficient appointments and appliances for serving meals daily to travellers. (5) Every licensed hotel shall be provided with suitable privies to be approved by the inspector which shall at all times be kept clean and ventilated. (6) The premises, furniture, bedding and other appoint- ments of every licensed hotel shall at all times be kept clean. (7) The non-observance of any of the provisions of this section shall be deemed to be a violation by the licensee of such provisions. (8) Every licensed hotel shall be provided with suitable fire escapes to be approved by the inspector and in places having a fire brigade by the chief of such brigade.] CO., c. 89, s. 24; 1903, 1st session, c. 26, s. 4; 1904, c. 14, s. 2. APPLICATIONS FOR LICENSE. 25. Every license shall be issued upon the recommendation Licenses how of the board except as herein provided. CO., c. 89, s. 25. 36. The board shall sit during the month of May in each Meetings of year at such place and at such date as may be arranged and ''""'^ notified to them by the [Attorney General] to receive and dis- pose of applications for license and to hear and decide protests. CO., c. 89, s. 26; 1900, c. 32, s. 1. 37. At such meeting the board may adjourn the hearing of Board may any application or any protest to any other place and time iimicZl they see fit and as far as possible protests shall be tried in the locality in which application for license is made. 975 9 Cap. 89 LIQUOR license s. 27 (2) (2) The board may be called together at any time by the [Attorney General] and the board may meet at any time of their own motion. Board may (3) If from any cause a [majority] of the board fails to be mietlngif prssent on the day fixed for the meeting or at any adjourn- presTnT""' raeiit of a meeting the said meeting or adjourned meeting shall stand adjourned from day to day until a [majority] shall be present to hold such meeting. C.O., c. 89, s. 27; 1900, c. 32^ s. 7. Applications for 38. Evcry application for a license shall be by petition (in form A appended hereto) and such application and also re- commendation (in form B) and the afHdavits (in forms C and D) shall be sent to the Territorial Treasurer along with the sum of $10 so that it may reach him on or before the first day of April. On receipt of the same it shall be the duty of the Terri- torial Treasurer to sign a receipt in duplicate for such sum of $10 and to send one thereof to the applicant and the other to- gether with such application and recommendation to the [At- torney General]. (2) The recommendation (form B) shall not be required in the case of any application for a license in an incorporated city or town. CO., c. 89, s. 28; 1900, c. 32, s. 1. Advertisement 39. As soon as possible after the first day of April the [Attorney of applications General] shall advertise by one insertion in a newspaper in each locality for which applications (accompanied by said receipt and recommendation where required) have been received by him or as near such locality as possible, a list of all such applica- tions received for such locality showing the name of each applicant description of license applied for and the place described with sufficient certainty together with a notice of the time and place of the meeting of the board to be held to consider such applica- tions ; at least twenty-four days shall intervene between the publication of the advertisement and the date of such meet- ing; and a notice containing similar information shall be fixed to the outer door of the building where the board is to sit, and be sent to the postmaster nearest to the proposed license premises to be posted up in the post office; and the [Attorney General] shall also send to an inspector a list of all applications made in his district; upon receiving such list such inspector shall inspect the premises of each applicant named and make the report provided for in this Ordinance. Such inspector shall produce such reports at the then next meeting of the board in the district. CO., c. 89, s. 29; 1900, c. 32, s. 1. Papers to be 30. The [Attomey General] shall attach all the papers relat- inspe'Sor"'"'" ing to each application together and transmit them together with a statement shewing all convictions under this Ordinance against any applicant, to the inspector of the district, who shall produce them at the meeting of the board. 976 s- 33 LIQUOR LICENSE Cap. 89 10 (2) All papers connected with applications or protests while Papers open m the hands either of the [Attorney General] or district inspector inB^eclion shall be open to the inspection of the public. CO., c 89 s 29- 1900, c. 32, s. 1. ' > ■ , 31. After the meeting of the board the inspector shall return i„,pector to the said papers to the [Attorney General] with a certificate ^^'^^"jj^^p^" signed by at least the majority of the commissioners present K°^"^--?'™^i'.h at the meeting showing whether the license is recommended c^fe''''"""'^" or not and if not recommended stating the reasons. C , c 89, s. 31; 1900, c. 32, s. 1. 32. Upon receipt of the papers and certificates the [Attorney [Attorney gen- General] shall notify each successful applicant that he is required successful'"'^*' to send to the Territorial Treasurer on or before the fifteenth ^pp"""" day of June — (a) A^liere the premises to be hcensed are within an incor- Certificate porated city or town which has provided by by-law for Tre^l'^fer the payment of a municipal license fee under sub- section 2 of section 46 hereof, a certificate which shall be furnished free of charge from the municipal clerk or treasurer of the payment of such fee; (6) The amount of the Territorial license fee together License fee and with five per cent, thereof in addition as a presecu- Cd""'""" ticin fund. (2) Upon receipt of said moneys and certificate (where Licenses to be required) the Territorial Treasurer shall sign a receipt in dupU- ^''"' cate for the same, one of which he shall transmit to the applicant and the other along with the certificate (where required) to the [Attorney General] who shall thereupon send to such applicant a license in form F appended hereto. CO., c. 89, s. 32; 1901, c. 32, s. 1. 33. Any person desiring to obtain a license at any other Applications at time than as above provided may send to the Territorial Treas- °' " '""'' urer his application and 110 as above provided; the [Attorney General] upon receipt of the application and the Territorial Treasurer's receipt shall calculate the expense of calling the board together [of inspection of the premises] and of advertising and shall notify the applicant that his application will not be considered until the amount so estimated for the expense of calling the board together [of inspection of the premises] and of advertising has been received by the Territorial Treasurer; upon receipt of such amount by the Territorial Treasurer the [Attorney General] shall arrange for the advertising of the application, the inspection of the premises and the calling together of the board at as early a day as possible to deal with the application — provided that in case more than one applica- tion is made at the same time to the same board the expense shall be divided pro rata among the applicants but no license shall be granted to any person under the provisions of this NN 977 11 Cap. 89 LIQUOR LICENSE s. 33 section whose application for a license under section 28 hereof has been rejected. CO., c. 89, s. 33; 1900, c. 32, s. 1; 1901, c. 33, s. 3. fenewa I'oT ^""^ 3*- -^^Y Bxisting licenscc may apply for the renewal of his license for same UcensB for the Same premises for another term in which case the recommendation in form B shall not be required unless since obtaining such recommendation he has been convicted of an offence under this Ordinance. CO., c. 89, s. 34. hu^ienera'i''''^ 35. All Uceuse moneys and fees payable under this Ordinance revenue fund ghall be paid to the Territorial Treasurer and shall go to the general revenue fund. Amount estimated for expenses to be held in trust [(2) The amount estimated by the Attorney General for expenses as provided in section 33 hereof when received shall be deposited and retained in a trust account until the actual expenses incurred are ascertained when the amount of such actual expenses shall be paid to the persons entitled and the balance if any shall be refunded to the applicant: Provided that if the amount of the actual expenses when ascertained should prove to be greater than the amount paid by the applicant for expenses as estimated the difference shall be paid by the applicant to the Territorial Treasurer forthwith upon demand; and in the event of failure on the part of the appUcant to pay the same within fifteen days after such demand the same may be recovered as a debt at the suit of the Attorney General; and the license if any of the applicant may be suspended by the Attorney General until such payment is made and in the meantime the actual expenses unprovided for shall be paid out of the general revenue fund.] CO., c. 89, s. 35; 1901, c. 33, s. 4. Protests 3®- ^'^y seven or more out of the twenty householders resid- ing nearest to the premises for which a license is required may by petition in form G appended to this Ordinance object to the granting of such license and the objections which may be taken to the granting of a license may be one or more of the following: (a) That the applicant is of bad fame and character or of drunken habits or has previously forfeited license; or (6) That the premises in question are out of repair or have not the accommodation required by law or reasonable accommodation if the premises be not subject to the said requirements; or (c) That the licensing thereof is not required in the neigh- bourhood or that the premises are in the immediate vicinity of a place of public worship, hospital or school or that the quiet of the place in which such premises are situate will be disturbed if a license be granted or for other valid reasons which may be shown. Petition to be (2) The pctltiou shall be transmitted to the Territorial Treas- toriai°relsu'rer urer accompauled with $10 in time for its receipt by him not 978 Bad fame Premises out of repair Not required p. 37 (3~) LIQUOR LICENSE Cap. 89 12 less than ten days before the then next sitting of the board; on receipt thereof the Territorial Treasurer shall acknowledge the same in writing to the person from whom he received it; he shall indorse on the back of the petition the date he received the same with the money aforesaid and forward the said petition to the [Attorney General] who forthwith shall transmit it to the inspector for production at the said sitting of the board. (3) The said sum of $10 shall be held in trust and in case the ^^i^'f^'Just protest is successful shall be returned to the person whose name is first upon the petition. In case the protest is not successful suc«s"fui' the said sum of $10 shall be paid into the general revenue fund. [(4) At any meeting of the board at which an adjourn- [Adjourning to ment in order to consider any protest is asked by or on behalf '""'' p''"'"'^ of any persons protesting the board before fixing the day and place for the hearing of such protest shall require the party asking for such adjournment to deposit with the board a sum of money sufficient to cover the costs of such adjourned hearing and unless such sum is forthwith deposited may proceed to hear and determine such application and any sum deposited shall forthwith be forwarded by the chairman of the board to the Attorney General and in the event of such protest being unsuccessful the costs of such adjourned hearing shall be deducted from the amount deposited and the balance if any returned to the person making the deposit.] (5) The board shall give a written decision stating which H^^^f^'^ any of the objections stated in the protest are sustained or not as the case may be. (6) Such petition must be signed within the period of sixty Petit^n^to^be^ days immediately prior to the day it is so received by the treas- dfyTprkJr to urer and the justice or commissioner before whom the same ''''"''" is signed shall certify the date upon which each person signs such petition. CO., c. 89, s. 36; 1900, c. 32, s. 1; 1904, c. 14, s. 3. 37. A license shall not be granted to any person to sell in- whYe^-com- toxicating liquors outside of incorporated cities or towns who required has not first obtained the recommendation in writing in form B. (2) Such recommendation must be signed within the period R-ommenda-^^ of sixty days immediately prior to the day it is so received by w^twn ajiaj-. the Territorial Treasurer and the justice, notary or commis-"""' °""'^ sioner before whom the same is signed shall certify the date upon which each person signs such recommendation. [(3) After the first day of July, 1903, no application for a new license and after the first day of July, 1904, no application for a renewal license shall be entertained in respect of any hotel or wholesale premises not situate in some city, town or village, or some place containing not less than fifteen dwelhng houses within an area not greater than 1,280 acres.] CO., c 89, s. 37; 1903, 1st session, c. 26, s. 5. 979 13 Cap. 89 LIQUOR LICENSE 38 Recommenda- tion to state distances 38. Every recommendation and protest (forms B and G) having reference to the granting of a license shall have in addition to each signature thereon a statement of the approximate distance from the premises to which such petition refers of the residence of each person signing the same. CO., c. 89, s. 38. Hearing 39. Evcry application for a license and all protests if any Ind'pTotes"" against every such application shall be heard and determined by the board in a summary manner. Open to public (2) Every such hearing of an application or protest shall be open to the public and every applicant for a license shall attend personally at such hearing unless hindered by sickness or in- firmity and the board may summon and examine on oath such witnesses as they may think necessary and as nearly as may be in the manner directed by any Act now or hereafter in force relating to the duties of justices in relation to sum- mary convictions and orders and any one member of the board may administer such oath. Adjournment (3) Every such hearing may at the discretion of the board be adjourned from time to time. Powers of (4) At all heariugs under this Ordinance the individuals composing the board shall have the same powers as justices of the peace. CO., c. 89, s. 39. rrorSon' 40. Ou every application for a license except for a whole- for''hotei°"' ^^^^ license the inspector shall report in writing to the board licenses aud such rcport shall contain — 1. A description of the house, premises and furniture; 2. If the application be by a person who held a license for the same premises during the preceding year a statement as to the manner in which the house has been conducted during the existence of the previous license; 3. A statement of the number, position and distance from the house in respect of which a license is applied for, of the licensed houses in the neighbourhood; 4. A statement whether the applicant is a fit and proper person to have a license and is known to be of good character and repute; 5. A statement whether the premises sought to be licensed are or are not in his opinion required for public convenience; 6. A statement whether the applicant is or is not the true owner of the business of the hotel proposed to be licensed; [and if not the owner of the premises whether he has a lease of such premises for the term of the currency of the license applied for]; 7. A statement whether the persons signing the recom- mendation (form B) are in the opinion of the inspector ten out 980 s. 43 (4) LIQUOR LICENSE Cap. 89 14 of the twenty householders nearest to the building in which the business proposed to be licensed is to be carried on. CO., c. 89, s. 40; 1901, c. 33, s. 5. 41. In every application for a wholesale license the inspector Jeporfo°n^ shall report to the board in writing and such report shall contain- ^ f^wndeTaie 1. A description of the house and outbuildings with the '""^" number of the lot or section they are comprised within; 2. If the applicant be a person who held a license in the same district during the preceding year a statement as to the manner in which the business was conducted during the existence of the previous license; 3. A statement showing — (a) Whether the applicant is or is not a fit and proper person to have a license and is known to be of good character and repute; (6) Whether the business sought to be licensed is or is not in his opinion required for public convenience; (c) Whether the applicant is or is not the true owner of the business proposed to be licensed; (d) Whether the persons signing the recommendation (form B) are in the opinion of the inspector, ten out of the twenty householders nearest to the building in which the business proposed to be licensed is to be carried on. CO., c. 89, s. 41. 43. The report of the inspector shall be for the information g;f,f'°" "^ of tte board who shall nevertheless exercise their own discre- tion on each application. CO., c. 89, s. 42. HEARING AND DETERMINING APPLICATIONS. 43. The board having ascertained that the requirements oftolrf'"^ this Ordinance as to the application and the report of the inspector have been complied with, but not otherwise, shall hear the application. (2) The board shall hear and determine all protests and Stermi^ing objections which may be made against applications on evidence?™*"'^ as shall seem to them sufficient. (3) Any person who is quaUfied to protest and has signed a P«;^^°-„^f;""s formal protest in form G hereto appended against the granting be heard of a license may be heard in relation thereto in person or by attorney or agent. (4) The council of any municipality may authorize any person M;;;;^'^^ be to appear in a similar manner on behalf of the ratepayers of«p--"'«d such municipality as to the granting of a license and such person so authorized shall have a right to be heard before the board against the granting of such license. 981 15 Cap. 89 LIQUOR LICENSE S. 43 (5) ob°oct1o°rfs (^) ^^ objection in respect of the character of any applicant to character shall bc entertained unless three days' written notice has been given to the applicant and no protest need be noticed if not made in accordance with this Ordinance. Objections trom (6) No objcction from an inspector shall be entertained 'smtld'hi' report unless the nature of the objection shall have been stated in the report furnished to the board. Board may take (7) Notwithstanding anything in this Ordinance contained the board may of its own motion whether a protest has been filed or not take notice of any matter or thing which in their opinion would be an objection to the granting of a license. In any such case the board shall notify the applicant and shall adjourn the hearing of the appUcation if requested by him for any period not exceeding fourteen days and not less than seven days or any time fixed with the consent of the appUcant in order that any person affected by the objection may have an opportun- ity of answering the same. (8) Where the appUcant for a hotel license resides in a remote part of the district or when for any other reason the board sees fit they may dispense with the report of the inspector and act upon such information as may satisfy them in the premises. CO., c. 89, s. 43. notice of any objection Applicant to be notified Inspector's report inay be dispensed with Decision of board final Provision for rehearing- 44. The decision of the board when once announced by the chairman shall not be questioned or reconsidered: provided nevertheless that in cases where the person or persons affected by such decision petition the board and allege facts and grounds for their consideration not formerly before them or in cases in which the board have not been unanimous the board may by resolution in which all the members concur decide to rehear the case. When a rehearing is allowed notice thereof shall be given by the inspector to the applicant and to at least one of the petitioners or his agent. CO., c. 89, s. 44. Applicant 45 jf an applicant for a license has at any time been refused reiused on a^ iii. n ground that he a liccnse on the ground that he is not a fit person to hold a person ^j^gj^gg j^^ appUcatiou by such applicant if opposed shall be entertained by any board within a period of two years of the last of such refusals. CO., c. 89, s. 45. LICENSE FEES. 46. Every person to whom a license to sell intoxicating liquor shall hereafter be granted shall before receiving such license be required to pay as a fee for such Ucense in addition to any fee required to be paid to the incorporated city or town in which such license has been or is required to be granted, the following duties that is to say: 1. For each hotel license, the sum of $200.00. 2. For each wholesale hcense, the sum of $200.00. 982 S. 48 LIQUOR LICENSE Cap. 89 16 Provided that in the case of bottling works where ale or lager beer only is bottled the fee shall be one-half of the fees payable for the wholesale license. (2) Incorporated cities or towns [that have appointed an Fee to city or inspector or inspectors under the provisions of section 11 of 't,°3;;,""''^'' this Ordinance] may by by-law require each licensee to pay towards their municipal revenue such sums as they may de- termine not exceeding the amount of Territorial duty payable on such license and the [Attorney General] shall in no case issue a Ucense until he has received a certificate from the treas- urer or clerk of said municipality showing the amount of such Byjaws to be fees and that such sum has been paid; such by-law and every ^^^';'^H^"°''"'=>' substituted and amended by-law shall be promptly certified ^™'"^'' and forwarded to the [Attorney General] and such by-law shall continue in force until amended, altered or repealed, Duration ot without being re-enacted each year. (3) In all cases where licenses are taken out for a portion proportionate only of the year the amount payable to the Territorial Treas- ^^^^3^ f^"""''' urer and to the incorporated city or town for license fees under this section shall be a proportionate part only of the amount required for one year. [(4) Any village which has appointed an inspector under ymage the provisions of section 11 of this Ordinance may by resolu- '''^«"s<= f« tion passed at the annual meeting or any special meeting called for that purpose require each licensee to pay to the overseer for the use of the village a license fee not exceeding fifty dollars which fee shall be paid and a receipt given therefor and the same forwarded to the Attorney General before the license is issued by him but until the Attorney General has been furnished with a certified copy of the resolution appointing a license inspector and the resolution fixing a license fee such last men- tioned resolution shall not be deemed to be effective.] CO., c. 89, s. 46; 1900, c. 32, ss. 1 and 8; 1903, 1st session, c. 26, s. 6. SECURITY. 47. Before any hcense is issued the person applying for the Bonds by same shall enter into a bond to [His] Majesty in the sum of""""" $500 with two good and sufficient sureties to be approved by the board, justifying by affidavit, in the sum of $250 each, conditioned for the payment of all fines and penalties which such person may be condemned to pay in respect of any offence against this Ordinance to be recovered at the suit of the Attorney General by civil process in the ordinary way and such bond shall be in the words or to the effect of form E appended to this Ordinance. CO., c. 89, s. 47; 1901, c. 33, s. 6. CANCELLATION OF LICENSES. 48. The board shall at any time cancel any license upon cancellation proof that the conditions necessary to the granting of such°f'i"-« 983 17 Cap. 89 LIQUOR LICENSE S. 48 Cancellation of licenses by [attorney general] Rebate license do not exist and also in case it is shown that the licensee is not keeping his premises in accordance with the provisions of this Ordinance and any rules and regulations made there- under. CO., c. 89, s. 48. 49. The [Attorney General] may subject to the approval of the Lieutenant Governor in Council at any time upon application by a licensee cancel a license and allow a rebate to such licensee of a portion of the moneys paid for license both to the munici- pality and to the Territorial Treasurer. (2) A license may be cancelled under this section on account of the destruction of the premises or for any reason satisfactory to'such [Attorney General]. (3) In case such rebate is allowed it shall be the duty of the municipality and the Territorial Treasurer to refund to such hcensee such amount so allowed. CO., c. 89, s. 49; 1900, c. 32, s. 1. TRANSFER OF LICENSES. Transfer of licenses Licensee legally ejected Special license to new tenant [50. The rights and liabilities of a licensee shall enure to the legal representative of a deceased licensee and to the trans- feree of the business of a licensee for a period of sixty days after the death or transfer; and during such period such legal representative or transferee shall for the purposes of this Ordi- nance be considered a licensee; (2) At the expiration of the said period of sixty days the license shall ipso faclo become forfeited and be absolutely null and void unless such legal representative or transferee shall prior thereto have obtained the written consent of the Attorney General to the continuance of the business or to the transfer of the license: Provided that the said period of sixty days may be extended, for good cause shown, by the Attorney General for a further period not exceeding thirty days. (3) Upon such written consent being given the legal repre- sentative or transferee as the case may be shall have the same rights and be subject to the same liabiUties as if the license had been originally" granted to him and shall for the purpose of this Ordinance be deemed a licensee.] 1901, c. 33, s. 7. 51. Where a licensee has been legally ejected from any Ucensed premises the board may, notwithstanding the non-pro- duction of the license, on the application in writing of the owner of the premises and the proposed new tenant, if they cannot produce the license, grant a special license to such new tenant in such form as they shall think applicable, such special license to be signed by the [Attorney General]; provided always that the board shall be satisfied that actual value has been received from the said owner by said licensee. CO., c. 89, s. 51; 1900, c. 32, s. 1. 984 s- 55 LIQUOR LICENSE Cap. 89 18 53. The board may by order authorize any person they may Baia„=e „f ttunk entitled to the benefit of any license to carry on the'""" business in the Hcensed premises for the remainder of the term for which the license was granted in the same manner as if such hcense had been formally transferred to such person (provided proof of value received be given as provided in the""'""" next preceding section) in the following cases: 1. Whenever any person to whom a hcense has been granted oesertio,, of deserts the licensed premises or refuses or neglects to transfer""""" the hcense when justly required so to do; or 2. If during the currency of any such license the holder v»caocy thereof ceases to occupy the premises in respect whereof the license is held or his tenancy of such premises is determined by effluxion of time or by notice to quit or by any other process whatsoever. CO., c. 89, s. 52. 53. Where any licensed person is convicted of any offence After disquaiifi- and m consequence either becomes personally disqualified or mauer""- '"^ has his license forfeited the board upon application by or on'""*'"'""'^'' behalf of the owner of the premises in respect of which the license was granted (where the owner is not the occupier) and upon being satisfied that such owner was not privy nor a con- senting party to the act of his tenant and that he has legal power to eject the tenant of such premises, may by order auth- orize an agent to carry on the business specified in the license relating to such premises until the end of the period for which such license was granted, in the same manner as if such hcense had been formally transferred to such agent: pro-Proyi.o vided always such owner shall pay as fee for the balance of the term of the license unexpired a proportionate part of the amount required for one year. CO., c. 89, s. 53. 54. In case of the marriage of any woman being a licensee Marriage of the license held by her shall confer on her husband the game '^^""'^ '""'"'^'' privileges and shall impose on him the same duties, obligations and liabilities as if such license had been granted to him originally : Provided that the [Attorney General] on application of the Proviso husband of any such licensee, [if] satisfied that no objection can be made to the character of the husband and that he has not forfeited a license within the next preceding three years, may confirm to him his wife's license for the remainder of the term of the duration thereof, of which confirmation a certifi- cate signed by the [Attorney General] shall be conclusive evidence. CO., c. 89, s. 54; 1900, c. 32, ss. 1 and 10. REMOVAL OF LICENSEES. 55. The [Attorney General] may, after order allowing the Removal to same by the board, indorse on any hotel or wholesale hcense, °"'" p'^""'" permission to the holder thereof to remove from the house to which his said hcense applies, to another house to be described in the indorsement to be made by the [Attorney General] on the 985 19 Effect of such permission Cap. 89 LIQUOR LICENSE s. 55 said license ; provided always that the house to which the licensee proposes to remove has all the accommodation required by law and subject to the requirements in the case of an original application for the same kind of a license. (2) Such permission when the approval of the said [Attorney General] is indorsed on said license shall authorize the holder of the said license to sell liquors in the house mentioned in the indorsement during the unexpired portion of the term for which the said license was granted in the same manner and upon the same terms and conditions as he might do in the premises to which the license originally applied; any bond or security which such holder of a license may have given for any purpose in relation to such license shall apply to the house or place to which removal is authorized; but such permission shall not entitle him to sell at any other than such one place. CO., c. 89, s. 55; 1900, c. 32, s. 1. Application for transfer or removal Pro\ 56. In all cases provided for in sections 50 to 55 hereof, both inclusive, of transfer, removal or change in a license application shall be made in the same manner as if for an original applica- tion for a license; the amount of money to be sent with said application shall be the sum of flO; the [Attorney General] upon receiving the application from the Territorial Treasurer shall proceed as in cases where persons apply at other than the ^ regular time for licenses and the same additional fees must be paid: Provided nevertheless that if within the time limited for protest no protest has been received by the [Attorney General] and he is satisfied in other respects that the application should be granted it shall not be necessary for the board to hold a meeting or make a recommendation but the application may be granted upon the authority of the [Attorney General] alone CO., c. 89, s. 56; 1900, c. 32, s. 1. LICENSES IMPROPERLY OBTAINED. where"icpnse^' ^'^ ■ ^^ wlthlu slxty days from the granting of a license or a '"jprope'-iy transfer of a license any person deposits with the clerk of the Supreme Court for the judicial district wherein the licensed premises are situated $10 as security for costs together with a complaint (verified by affidavit) that the said license or transfer has been obtained by fraud or in violation of any of the pro- visions respecting licenses, on application the judge may by means of an originating summons investigate and summarily hear and dispose of the complaint and may direct the cancellation of the license or dismiss the complaint and award costs in the same way as costs are awarded in proceedings in the Supreme Court. CO., c. 89, s. 57. 986 s- 61 (2) LIQUOR LICENSE Cap. 89 20 [license register.] [58. The Attorney General shall keep a register to be known Licen.= register as the register of licenses in which shall be recorded: (a) All applications made to the commissioners, with the names of the applicants, the nature of the applica- tions, the premises in respect of which the applica- tions are made, the date on which the applications were heard and the manner in which the same were disposed of, including in case of refusal the cause or causes thereof; (6) All licenses granted with the names of the licensees and of the sureties required to be furnished; (c) All forfeitures of licenses, disquaUfication of licensees and convictions against licensees.] 1900, c. 32, s. 11. [59. The Attorney General shall report annually to the Legis- [Repor, ,o lative Assembly within the first fifteen days of the session^""'"'''''] thereof furnishing — (a) A statement of the number and description of licenses and the names of applicants to whom licenses were grant- ed during the year; (6) The names of applicants to whom licenses were not granted ; (c) Any other particulars required to be entered in the register of licenses; (d) A list of prosecutions for infraction of this Ordinance and the result of the same; (e) Any general remarks which he may deem necessary concerning the working of the hquor hcense law.] 1900, c. 32, s. 12. regulations, prohibitions and penalties. 60. All licenses shall be constantly and conspicuously ex- License to be posed in the warehouses and shops, in the bar rooms of hotels"""""* or other places of public entertainment to which the licenses respectively relate, under a penalty of 15 for every day 's wilful or negligent omission so to expose them, and in default of pay- ment one week 's imprisonment for every day of such omission. CO., c. 89, s. 60. 61. Every person keeping a licensed hotel or wholesale Placard liquor store shall during the continuance in force of such license ""^ °°' exhibit and keep exhibited on the outside and over a front door of the licensed premises in large letters the words "licensed to sell spirituous or fermented liquors." [(2) Every holder of a hotel I'cense shall also keep exhibited on the outside and over a front uoor of the bar room and in 987 21 Cap. 89 LIQUOR LICENSE S. 61 (2) some conspicuous place in the bar room a notice printed in large letters in the following words : ' 'This bar room is required to be closed from the hour of 7 o'clock p.m. on Saturdays to the hour of 7 o'clock a.m. on the Monday following and on other days of the week from the hour of 11.30 o'clock p.m., to the hour of 6 o'clock a.m. of the following day."] CO., c. 89, s. 61;1901, c. 33, s. 8. Payment of wages on licensed premises 62. No payment of wages to any workman or other person shall be made on any licensed premises except by the licensee to his ordinary servants or employees; any such payment made in contravention of this section shall not operate to discharge the debt of the employer in respect of such wages to such work- man or other person. CO., c. 89, s. 62. One bar only 63. Not more than one bar shall be kept in any house or premises licensed under this Ordinance. CO., c. 89, s. 63. Hours for sale of liquor 64. In all places where intoxicating liquors are licensed to be sold by retail no sale or other disposal of liquors shall take place therein or on the premises thereof, or out of or from the same to any person or persons whomsoever save as hereinafter provided from or after the hour of seven of the clock on Satur- day night till seven of the clock on Monday morning there- after, nor from or after the hour of half-past eleven o'clock at night until six o'clock the following morning on the other nights of the week; as respects all places where liquors are licensed to be sold by wholesale no sale or other disposal of liquors shall take place therein or on the premises thereof or from or out of the same to any person or persons whomsoever nor shall the premises in respect of which the license is issued be kept open from or after the hour of seven o'clock on Saturday night until seven o'clock on Monday morning thereafter and from eight o'clock at night until seven o'clock in the morning on the other nights of the week: save and except as to both retail and wholesale places in cases where a requisition for medical purposes signed by a licensed medical practitioner or by a licensed druggist or by a justice of the peace is furnished the licensee or his agent; nor shall any liquor whether sold or not be permitted or allowed to be drunk in any such places during the time prohibited by this Ordinance for the sale of the same: Proviso Provided that in hotels and restaurants compelled by law to give meals liquor may be sold during meals on Sundays to the guests bona fide residing or boarding in such houses between the hours of one and three and five and seven in the afternoon respectively to be drunk at their meals at the table; but this provision shall not permit the furnishing of hquor at the bar or place where liquor is usually sold in such houses. No sale during (2) No Sale Or othcr disposal of liquor shall take place in duriiirti'i^es any licensed place within the limits of a polling subdivision on be''cTos''ed"''°""any polling day for the election of a member for the Legis- 988 Exception s. 65 LIQUOR LICENSE Cap. 89 22 lative Assembly or any municipal elections or any day in which a vote in accordance with the provisions of this Ordinance is being taken from or after the hour of six o'clock in the morning of the said day until the close of the poll; or at or during any time when by law in force in the Territories or by by-law in force in the municipahty wherever such place or places is or are or may be situated the same or the bar room or bar rooms thereof ought to be kept closed. (3) Every person found in a bar room or a room where Persons found liquors are usually sold upon licensed premises at any time In pmbiwi^d between the hours of seven of the clock on Saturday night''""" and seven of the clock on the Monday morning thereafter or between the hours of half-past eleven of the clock at night and six of the clock the following morning on the other nights of the week shall be Uable on summary conviction thereof to a^'"^"^ fine of $10 and costs of prosecution and in default of payment thereof forthwith to imprisonment for ten days [and the presence in the bar room of any person not a member of the licensee's family or a regular employee of the licensee shall be 'prima facie evidence of the keeping open of said bar room] : Provided that nothing in this section shall prevent an hotel Proviso keeper, his wife or regular employee from entering such bar room or room- for the sole purpose of procuring liquor ordered by guests to be used with their meals on Sunday as allowed by the provisions of this section. (4) Except as is herein otherwise provided no bar room or B>r rooms to be room in which liquors are usually sold in a licensed hotel shall p°o'hibi'^ed'"^ be kept open at any time during the hours when the sale or*"""" other disposal of liquors is prohibited. (5) Any contravention of the provisions of this section byc> a servant, agent or employee of a licensee shall be presumed''^ to be the act of such Hcensee. [(6) The sale or other disposal of liquor by a licensee at any bona fide banquet or supper being held in his licensed premises to any person in actual attendance at such banquet or supper at any time before one o'clock a.m. shall not be deemed to be a violation of the provisions of this section provided the said licensee has obtained the written permission of a license com- missioner for the Ucense district in which his licensed premises are situate for such sale or other disposal.] CO., c. 89, s. 64; 1901, 1st session, c. 26, ss. 7, 8 and 9. ontravention servant 65. There shall be no connection between the bar room and ''''^'■^^°°;'^;^ other portion of the premises in any licensed hotel by means withmhej of windows, wickets, elevators, chutes, openings of any kind R^enTd premises or sliding, folding or other kind of doors except doors opening directly out of [and on the same side of] the bar room into the same public hall or office of the licensed premises and a door or trap leading from behind the bar into the cellar. CO., c. 89, s. 65; 1901, c. 33, s. 9. .989 23 Cap. 89 LIQUOR LICENSE S. 66 View into bar- 66. Ill any licensed hotel full view of the interior of the bar obscur"e'd '° " Tooui shall not during prohibited hours be obstructed by means of screens, shades, blinds or frosted, ground or coloured windows. CO., c. 89, s. 66. Billiard rooms, etc 67. No billiard, pool or other tables shall be permitted in the bar room of any licensed hotel; no liquor shall be sold or supplied in any room in any licensed premises set apart or used for such games. [(2) No musical instrument, dancing or other form of attrac- tion shall be permitted in such bar room.] CO., c. 89, s. 67; 1903, 1st session, c. 26, s. 10. Conditions reg^ardingf premises 68. No license shall be granted in respect of any premises in which the provisions of section 65 hereof have not been compUed with. CO., c. 89, s. 68. Refusal to snpply meals, etc. 69. Every licensed hotel keeper who either personally or through anyone acting on his behalf except for some vaUd reason refuses to supply lodging, meals, or accommodation to travellers at a reasonable rate shall be guilty of an offence and on summary conviction thereof be liable to a penalty of $20 and in default of payment one month's imprisonment. CO., c. 89, s. 69. Penalty for 70. If any hotel keeper licensed under this Ordinance receives o'r^'a'yment' ^° iu payment or as a pledge for any liquor supplied in or from money^or liquor his llccnsed premiscs an3rthing except current money or the debtor's own cheque on a bank or banker he shall be guilty of an offence and on summary conviction thereof be liable to a penalty of $20; and the person giving anything as a pledge as aforesaid may recover the same or the value thereof in any court of competent jurisdiction notwithstanding such pledge; no hotel keeper shall receive payment in advance for any Uquor to be supplied and the amount of any payment so made in advance may be recovered notwithstanding that any liquor may have been supplied subsequently to such payment. CO., c. 89, s. 70. Payment for liquor to be supplied Bartering: or receiving pawn for liquor 71. Any licensee who purchases from any other person any- thing either by way of sale or barter directly or indirectly the consideration for which in whole or in part is any intoxicating liquor or the price thereof or receives from any person any goods in pawn for liquor shall be guilty of an offence and on summary conviction thereof shall be liable to a penalty of $20 and in default of payment forthwith after conviction to imprison- ment for any term not exceeding one month and such purchase or pledge shall be absolutely void and the property so sold or pi dged may be recovered by the seller or pledgor by civil process : Provided always that none of the provisions of this section shall apply to transactions between parties holding respect- 990 s. 74 LIQUOR LICENSE Cap. 89 24 ively wholesale and retail licenses under the provisions of this Ordinance. CO., c. 89, s. 71. 72. Any licensee who permits gambling, drunkenness, or any Gambling, violent, quarrelsome, riotous or disorderly conduct to take conduc[,'^etc.. place on his premises, or sells or dehvers any intoxicating liquor p™''"''"'^ to any drunken person, or permits and suffers any drunken person to consume any intoxicating Hquor on his premises, or permits or suffers persons of notoriously bad character to assem- ble or meet on his premises shall (in addition to any other punishment provided by law) be guilty of an offence and on fummary conviction thereof be Uable to a penalty of not less than $25 nor more than $50, and in default of payment forth- with after conviction to not less than one or more than two months' imprisonment. CO., c. 89, s. 72. 73. Every description of gaming, playing at cards, dice or ^''^'jjjl °f ^ any game of chance, with betting or with a view to determine prohibited"' as to who shall pay for any liquor consumed or to be consumed, is hereby strictly forbidden and prohibited in any licensed premises in the Territories, and any proprietor, owner or licensee of any such place allowing any description of gaming as afore- said therein, and any person found in any such place engaged in any description of gaming as aforesaid, shall be guilty of an offence and on summary conviction thereof be liable to a fine of not less than $20 nor more than $50 for every such offence, and in case of default of payment forthwith after conviction to be imprisoned for a term not less than one month nor more than two months. (2) Any proprietor, owner or licensee of any such place allow- Arrest on view ing any description of gaming as aforesaid thereon and any person in any such place engaged in any description of gaming as aforesaid shall be liable to be arrested on view and brought before any justice and dealt with as above provided. [(3) The existence of dice or other apphances for gambling in any bar room in any licensed premises shall be prima facie evidence of an infraction of the provisions of this section.] CO., c. 89, s. 73; 1901, c. 33, s. 10. 74. Any licensee who knowingly harbours or knowingly suffers Penalty for to remain on his premises any constable during any part of constTwe ^ the time for such constable to be on duty (unless for the purpose of keeping or restoring order or in the execution of his duty) or supplies any Uquor by way of gift or sale to any constable on duty unless by authority of some superior officer of such constable or bribes or attempts to bribe any constable shall be guilty of an offence and on summary conviction thereof be liable to a penalty of not less than $25 nor more than $50 and in default of payment forthwith after conviction to not less than one nor more than two months' imprisonment. CO., c. 89, s. 74. 991 25 Cap. 89 LIQUOR LICENSE s. 75 Intoxicated persons may be refused admittance or expelled Penalty 75. Any licensee may refuse to admit to the premises in respect of which his license is granted any person who is intoxi- cated and may refuse to admit to and may turn out of the premises any person who is violent or quarrelsome or disorderly and any person whose presence on his premises would sub- ject the licensee to a penalty under this Ordinance; and any such person who upon being requested in pursuance of this section by such licensee or his agent or servant or any con- stable to quit such premises refuses or fails to do so shall be guilty of an offence and on summary conviction thereof be liable to a penalty of $5 and in default of payment forthwith after conviction to one week's imprisonment; and all constables are required on demand of such licensee, his agent or servant to expel or assist in expelling every such person from such premises and may use such force as may be necessary for that purpose. CO., c. 89, s. 75. Communication between licensed premises and unlicensed premises used for public entertainment prohibited Penalty for 76. Every person who makes or uses or allows to be made or used any internal communication between any Ucensed pre- mises and any unlicensed premises which are used for public entertainment or resort or as a refreshment house shall be guilty of an offence and on summary conviction thereof be liable to a penalty of $50 for every day during which such communication remains open and in default of payment forth- with after conviction for every day as aforesaid to one month's imprisonment. CO., c. 89, s. 76. Liquor supplied 77. Auy Hcensce who allows to be supplied in his licensed to mmors . ^ , ,^^.. prohibited premises by purchase or otherwise any description whatever of liquor to any person under the age of eighteen years, of either sex, shall as well as the person who actually gives or supplies the liquor be guilty of an offence and on summary conviction Penalty for thercof bc Uable to pay a penalty of $25 for a first offence and in default of payment forthwith after conviction to one month's imprisonment; and for a second like offence to a penalty of $50 with absolute forfeiture of license and in default of payment forthwith after conviction to two months' imprisonment and absolute forfeiture of license. ^ Females serving: (2) Auy hotcl licenscc who knowingly allows any male under the age of eighteen years or any female to dispose of any form of intoxicants on the premises for which such hcense is granted shall be liable to all the penalties provided for in Proviso this section provided that this shall not apply to female hcensees or the wife of a licensee. CO., c. 89, s. 77. chargefor 78. No person shall recover or be allowed to set-off any {'itySs'thTn''"" charge for intoxicating Uquors in any quantity less than one crniot^'^*'^"°"[half] gallon delivered at one and the same time; and special- ties, bills, notes, agreements or accounts stated, given or made in whole or in part for or to secure any such charge shall be void; but nothing herein contained shall extend to any charge made by an hotel licensee against any boarder or traveller; it 992 be recovered Exception s. 80 (3) LIQUOR LICENSE Cap. 89 26 shall not be necessary for any person taking advantage of this section to plead the same specially but he may raise the objec- tion at any stage of the case. (2) No person resident within one mile of such hotel or hcensed premises shall be considered a traveller within the meaning of this section. CO., c. 89, s. 78; 1903, 1st session, c. 26, s. 11. 79. Whenever in any hotel or other house or place where suidde or intoxicating liquors of any kind are sold, whether legally or ^hnlTntoxt^''"' illegally, any person has drunk to excess of intoxicating liquor ^■^'^'^■,p^"°" of any kind therein furnished to him and while in a state of '■q^o'- I'^We to intoxication from such drinking has come to his death by sui- cide or drowning or perishing from cold or other accident occas- ioned by such intoxication the person whether the keeper or employee of such hotel, house or other place who delivered to such person the liquor whereby such intoxication was caused shall be liable to an action as for personal wrong at the suit of the legal representatives of the deceased person if such action be brought within three months after such decease but not otherwise; and by such action may recover such sums not less than $100 nor more than $1,000 as may therein be assessed by the court or judge or jury as damages; the keeper of such hotel or other house or place and also any other person or persons who for him or in his employ delivered to such person the-liquor whereby such intoxication was caused shall be jointly and severally Uable to an action as for personal wrong at the suit of the legal representatives of the deceased person if such action be brought within three months after such decease but not otherwise and such legal representatives may bring either a joint and several action against them or a several action against any or either o' them and by such action or actions may recover such sums not less than $100 nor more than $1,000 in the aggregate of any such actions as may therein be assessed as damages; and in the event of final judgment being recovered against any Ucensee in any action under this section the license of such licensee shall thereupon be forfeited and thereafter be null and void. CO., c. 89, s. 79. 80. Any person on summary conviction of any of the fo|- uquor^^^ ^ lowing offences shall be Uable to a penalty of $50 and in default ^--e^ijis rf of navment forthwith after conviction to two months' imprison- ucenSe, liquor " -^ sold to illicit ment : dealer 1. (Repealed.) Penalty for 2. Any person who sells liquor by wholesale to any person who he knows or has reason to believe is selling liquor with- out a license: 3. Any licensee hcensed to sell liquors not to be consumed on the premises who takes or carries or employs or suffers any other person to take or carry any Uquor out of or from the premises of such licensee for the purpose of being sold on his 998 on 27 Cap. 89 liquor license s. 80 (3) account or for his benefit or profit and of being consumed in any other house or in any tent, shed or other building of any kind whatever belonging to such licensee or hired, used or oc- cupied by him. Evidence in (2) In anv proceeding under this section it shall not be neces- proceeding ^ ' -, i . ^ 1 j.t_*i sary to prove that the premises or place or places to which such liquor is taken to be drunk belonged to, were hired, used or occupied by the seller if proof be given to the satisfaction of the court hearing the case that such liquor was taken to be consumed thereon or therein with intent to evade the con- ditions of his license. CO., c. 89, s. 80; 1901, c. 33, s. 11. sak without 81. No person shall sell by wholesale or by retail or shall prohibited keep or have in any house or other place whatsoever any liquor for the purpose of selling, bartering or trading therein without having first obtained a Ucense authorizing him to do so; and any sale or other disposal of liquor by any association, body of persons or club not incorporated by special Ordinance of the Territories or by the servant or agent thereof to the members thereof or to any other person without such license shall be a violation of section 85 of this Ordinance: Proviso Provided that the provisions of this section shall not pre- dr'^TJ^Tsts^ay vcut any chemist or druggist duly registered as such from puipos^"""""^' keeping, having and, subject to the further provisions of this section, selling liquors for strictly medicinal or mechanical purposes; but no such sale for medicinal purposes shall be made in packages of more than six ounces at any one time except under certificate from a registered medical practitioner; and it shall be the duty of every such chemist or druggist to record in a book to be open to the inspection of the board or inspectors every sale or other disposal by him of liquor; and such record shall show as to every such sale or disposal the time when, the person to whom and the quantity in which such liquor is sold and the certificate of the medical practitioner if any; and in default of sale or disposal being so placed on record every such sale or disposal shall prima facie be held to be in contravention of the provisions contained in this section: Proviso Provided that any wholesale druggist may without license sell any alcohol wood spirit; Provided further that any wholesale druggist may without license sell to any legally qualified druggist or physician any kind of alcohol not exceeding ten gallons and any kind of wine or brandy not exceeding five gallons at any one time; Provided further that any qualified druggist may sell to any person any combination of alcohol with any drug made according to any formula of the British or United States pharmacopoeia; Provided always that no person authorized to sell liquors as provided by this section shall allow any liquors sold by him or on his premises to be consumed within his shop or the premises of which such shop forms part. Tvading'^"'^ (2) Any chemist or druggist who colourably for medicinal Ordinance purposes sells liquor to be consumed by any person as a bever- 994 s- 84 (3) LIQUOR LICENSE Cap. 89 28 age shall on summary conviction thereof be liable to a penalty of $50 and in default of payment forthwith after conviction to one month's imprisonment. CO., c. 89, s. 81. [83. Violation of any of the provisions of subsections (l),Pen,-iityfor (2) and (4) of section 64 hereof shall be an offence for which secTon 64 the person violating shall be liable on summary conviction: For the first offence to a penalty of not less than $50 nor more than $100 and in default of payment forthwith after conviction to not less than two months' nor more than four months' imprisonment; For the second or any subsequent offence to a penalty of not less than $100 nor more than $200 with absolute forfeiture of license and in default of payment forth- with after conviction to not less than four months' nor more than six months' imprisonment with abso- lute forfeiture of license or to imprisonment for not less than one month nor more than six months with absolute forfeiture of license, or to both fine and im- prisonment with absolute forfeiture of licjense.] 1903, 1st session, c. 26, s. 12. 83. Any medical practitioner who colourably for medical penalty for purposes gives a certificate or requisition without which liquor ^Ltltioner could not lawfully be obtained in quantities of more than sixordiiance ounces, to enable or for the purpose of enabling any person to obtain liquor to drink as a beverage shall be guilty of an offence and on summary conviction thereof be liable to a penalty of $50 and in default of payment forthwith after conviction to one month's imprisonment. CO., c. 89, s. 83. 84. Any person not licensed to sell liquor to be drunk on Allowing Uquor the premises who allows or permits liquor purchased from him on p^remUeTnot to be drunk on the licensed premises shall be guilty of an offence '"'^"^^'^"'°'''''^°'" and on summary conviction thereof (unless it is made to appear to the justice before whom the offence is charged that such drinking was without his privity or consent) shall be liable [on summary conviction to a penalty of not less than $50 nor more than $100 with absolute forfeiture of license ; and in default of payment forthwith after conviction to not less than two months' nor more than four months' imprisonment with absolute forfeiture of license]. (2) For the purpose of this section the expression "premises where the same is sold" shall include any premises adjoining or near the premises where the hquor is sold if belonging to the seller of the liquor or under his control or used by his per- mission. (3) Any purchaser of liquors in a house or premises to which a wholesale license applies who drinks or causes any one to drink or allows liquor to be drunk in the premises where the same has been purchased shall be liable to the penalty and punishment set forth in this section. CO., c. 89, s. 84; 1901, c. 33, s. 13. 995 29 Cap. 89 liquor license s. 85 rmn"'ii'uor t^^' -^^y person who sells or barters liquor of any kind without a license without the Ucense therefor by law required shall be guilty of an offence and on summary conviction thereof shall be liable : For the first offence to a penalty of not less than $50 nor more than $250 and in default of payment forthwith after conviction to not less than two months' nor more than six months' imprisonment; For a second offence to a penalty of not less than $200 nor more than $500 and in default of payment forthwith after conviction to not less than three months' nor more than twelve months' imprisonment or to impris- onment for not less than three months nor more than twelve months, or to both fine and imprisonment; For a third or subsequent offence to a penalty of not less than $500 nor more than $1,000 and in default of payment forthwith after conviction to not less than nine months' nor more than two years' imprisonment and to imprisomment for not less than six months nor more than two years.] 1903, 1st session, c. 26, s. 13. [Brewers and [85a. Scctious 81 and 85 of the said Ordinance shall not icense pj.gygj^^ ^^^^ brcwer, distiller or other person duly licensed by the Government of Canada for the manufacture of spirituous, fermented or other liquors from keeping or selling in such quantities as are hereby authorized any liquor manufactured by him provided the building in which such liquors are kept forms no part and does not communicate by any entrance with any shop or premises wherein any article authorized to be manufactured under such license is sold by retail, or wherein is kept any broken package of such articles, and provided also that such brewer, distiller or other person has applied for and obtained a license to sell by wholesale in the quantities hereinafter specified. [Quantities that (2) Thc llccnses granted under this section shall authorize may be sold] ^]^g ^^^Q of liquor lu quantities of not less than three gallons in each cask or vessel at any time or where such sale is in respect of bottled liquor in quantities of not less than one dozen bottles of at least three half pints each or two dozen bottles of at least three-fourths of one pint each, at any one time. (3) The provisions of said Ordinance as to applications for licenses and the proceedings thereon shall not apply to licenses granted under this section. (4) Such license shall expire on the thirtieth day of June in each year and the fee payable therefor shall be $210 or a pro- portionate part thereof.] 1903, 1st session, c. 26, s. 17. False pretenses 86. Evcry persou who by falsely representing himself to be to obtain .quor ^ iQjjggp qj. travcUcr buys or obtains or attempts to buy or obtain at any premises any liquor during the period when such premises are required to be closed as to the sale thereof in pursuance s. 91 LIQUOR LICENSE Cap. 89 30 of this Ordinance shall be guilty of an offence and on summary conviction thereof shall be liable to a penalty of |20 and in default of payment forthwith after conviction to one month's imprisonment. CO., c. 89, s. 86. 87. [No inspector] shall either directly or indirectly receive, 'n^pe'^";"- ^haii take or have any money whatsoever for any license, report, bribe^"^' ' matter or thing connected with or relating to any grant of any license or receive, take or have any note, security or promise for the payment of any such money or any part thereof from any person or persons whatsoever; and any person or persons guilty of or concerned in or party to any act, matter or thing renaity contrary to the provisions of this section shall be guilty of an offence and on summary conviction thereof be liable to a penalty of $200 and in default of payment forthwith after conviction to imprisonment for three months. CO., c. 89, s. 87; 1900, c. 32, s. 13. 88. Any commissioner, inspector, officer or other person who ^^f "^^J^'*' /jf^^ ^i contrary to the provisions of this Ordinance knowingly issues '■""=°f''«"^= or causes or procures to be issued any liquor license or a certifi- cate therefor shall be guilty of an offence and on summary conviction thereof be liable to a penalty of $250 and in default of payment forthwith after conviction to imprisonment for six months. CO., c. 89, s. 88. 89. Any person who having or being charged with having Penalty for violated any of the provisions of this Ordinance, compromises, offTnc°eT '"^ compounds or settles or offers or attempts to compromise, com- pound or settle the offence with any person or persons with the view of preventing any complaint being made in respect thereof, or, if a complaint has been made, with the view of getting rid of such complaint or of stopping or having the same dismissed for want of prosecution or otherwise shall be guilty of an offence and on summary conviction thereof be liable to incur a penalty of $100 and in default of payment forthwith after conviction to imprisonment for two months. CO., c. 89, s. 89. 90. Every person who is concerned in or is a party to the P^.'^^itj^tor ^^^ compromise, composition or settlement mentioned in the next composition preceding section shall be guilty of an offence and on surn- mary conviction thereof be liable to a penalty of $50 and in default of payment forthwith after conviction to one month's imprisonment. CO., c. 89, s. 90. 91 Anv one knowing or having reason to believe that an Penalty tor ^ , i-ti -1 'J. assisting to order to commit to gaol has been issued against any person avoid a, rest under this Ordinance who prevents the arrest of such person or procures or facilitates by any act or counsel or in any other manner whatsoever his avoidance of arrest or who provides such person with the means of avoiding arrest shall be guilty of an offence and on summary conviction thereof be liable to a 997 31 Cap. 89 LIQUOR LICENSE s. 91 Convictions operating: as forfeiture penalty of $50 and in default of payment forthwith after con- viction to two months' imprisonment in addition to any other penalty provided by law. CO., c. 89, s. 91. 93. Every second conviction for any offence against the provisions of sections 77 and 80 hereof, and every conviction for an offence against the provisions of the said sections when there has been a previous conviction for an offence against the provisions of any other of them, and every third conviction for an offence against the provisions of this Ordinance or any of them shall operate as a forfeiture of the license of the offender when not otherwise provided. CO., c. 89, s. 92. Penalty for offences not specially provided for Contravention of Ordinance by employee of licensee 93. Every person who shall violate any of the provisions of this Ordinance for which violation no penalty is herein speci- ally provided shall be guilty of an offence and on summary conviction thereof be liable to a penalty of not less than $50 nor more than $100 and in default of payment forthwith after conviction to imprisonment for not less than one month nor more than four months. (2) The license of any Ucensee convicted of any violation of the provisions of section 94 of an Act of the Parliament of Canada intituled An Act respectinq Indians and any amend- ments thereto shall upon such conviction be forfeited and thereafter be null and void. CO., c. 89, s. 93. 94. Any contravention of any of the provisions of this Or- dinance by any servant, agent or employee of a licensee shall be presumed to be the act of such licensee but except in the case of prosecution under section 64 hereof such presumption may be rebutted by proof of expficit instructions to the con- trary by such licensee, and any such servant, agent or em- ployee contravening any of the provisions of this Ordinance and disobeying any such explicit instructions shall be liable on summary conviction to imprisonment for not less than ten days or more than three months without the option of a fine. CO., c. 89, s. 94. Occupant of premises liable 95. Except as provided in the preceding section the occu- pant of any house, shop, room or other place in which any sale, barter or traffic of liquors, or any matter, act or thing in contravention of any of the provisions of this Ordinance has taken place shall be personally liable to the penalty prescribed for such offence, as the case may be, notwithstanding such sale, barter or traffic be made [or other matter, act or thing to be done] by some other person who cannot be proved to have so acted under or by the directions of such occupant; and proof of the fact of such sale, barter or traffic or other act, matter or thing by such person in the employ of such occupant or who is suffered to remain in or upon the premises of such occu- pant or to act in any way for such occupant shall be conclusive evidence that such sale, barter or traffic or other act, matter 998 s. 98 LIQUOR LICENSE Cap. 89 32 or thing took place with the authority and by the direction of such occupant. CO., c. 89, s. 95; 1901, c. 33, s. 14. 96. Every licensee failing to post up a synopsis of this Ordi- Failure to post nance on being requested to do so by the inspector shall be ordinance guilty of an offence and on summary conviction thereof be liable to forfeit $25; such synopsis shall be printed in such languages as the board may direct. CO., c. 89, s. 96. POWERS OF INSPECTORS AND OFFICERS. 97. Any poUce officer, policeman or constable or inspector officers may of licenses shall for the purpose of preventing or detecting the '="^^^^"/ ^''^'■'''' violation of any of the provisions of this Ordinance which it is his duty to enforce, at any time have the right to enter into any and every part of any hotel or other place wherein re- freshments or liquors are sold or reputed to be sold whether under license or not [or where he believes that liquors are kept for sale contrary to the provisions of this Ordinance] and to make searches in every part thereof and of the premises con- nected therewith as he may think necessary for the purpose aforesaid [and for such purpose may with such assistance as he deems expedient break open any door, lock or fastening of such premises or any part thereof or of any closet, cupboard, box or other receptacle which might contain liquor], (2) Every person being therein or having charge thereof Penalty for who refuses or fails to admit such police officer, policeman, tan" e to officers constable or inspector demanding to enter in pursuance of this section in the execution of his duty or who obstructs or attempts to obstruct the entry of such police officer, policeman, constable or inspector or any such searchers as aforesaid shall be guilty of an offence and on summary conviction thereof be liable to a fine of $50 and in default of payment forthwith after conviction to one month's imprisonment in addition to any other punishment in such case provided. CO., c. 89, s. 97; 1900, c. 32, s. 14; 1901, c. 33, s. 15. 98. Any justice if satisfied by information on the oath of S'^^'-'^^ w^"^"' any police officer, policeman, constable or inspector that there is reasonable ground for belief that any spirituous or fermented liquor is being kept for sale or disposal contrary to the provisions of this Ordinance in any unlicensed house or place within his jurisdiction may in his discretion grant a warrant under his hand by virtue whereof it shall be lawful for the person named in such warrant at any time or times within ten days from the date thereof to enter if need be by force the place named in the warrant and every part thereof and of the premises con- nected therewith and to examine the same and search for liquor therein and for such purpose such person may if necessary with such assistance as he deems expedient break open any door, lock or fastenings of such premises or any part thereof or of any closet, cupboard, box or other article suspected to 999 33 Cap. 89 LIQUOR LICENSE S. 98 Seizure and forfeiture of liquor and contain any such liquor; and in the event of any Uquor being so found unlawfully kept on the said premises the occupant thereof shall until the contrary is proved be deemed to have kept such liquor for the purposes of sale contrary to the pro- visions of section 81 of this Ordinance and may be arrested by such officer or person having the warrant for search as aforesaid and any person so arrested shall be liable to be charged and dealt with as provided under this Ordinance and may be fined or imprisoned therefor as provided in section 93 of this Ordinance. (2) "When any inspector, policeman, constable or officer in making or attempting to make any search under or in pursu- ance of the authority conferred by section 97 of this Ordinance or under the warrant mentioned in this section finds in an unlicensed house or place any liquor which in his opinion is unlawfully kept for sale or disposal contrary to this Ordinance he may forthwith sei^e and remove the same and the vessels in which the same is kept and upon the conviction of the occu- pant of such house or place or any other person for keeping liquor for sale in such house or place without license the justice making such conviction may in and by the said conviction or by a separate and subsequent order declare the said Uquor and vessels or any part thereof to be forfeited to Her Majesty to be sold or otherwise disposed of as the Attorney General may direct ; and the proceeds of any such sale shall be forthwith transmitted to the Territorial treasurer to 'form part of the general revenue fund. CO., c. 89, s. 98. Authority ot police officers, policemen and constables 99. Police officers, policeman and constables shall have full authority to enforce any of the provisions of this Ordinance. CO., c. 89, s. 99. PROSECUTIONS. Time for prosecutions 100. Prosecutions for offences created by this Ordinance shall be instituted within six months after the commission of the alleged offence. CO., c. 89, s. 100. Description of offences Neg:ativing exemptions 101. The description of any offence under this Ordinance in the words of this Ordinance or in words of like effect shall be sufficient in law; and any exception, exemption, provision, excuse or qualification, whether it does or does not accompany the description of the offence in this Ordinance, may be proved by the defendant, but need not be specified or negatived in information; but if it be so specified or negatived no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant. CO., c. 89, s. 101. Several offences charged in one complaint 102. Several charges of contravention of this Ordinance com- mtted by the same person may be included in one and the same information or complaint; prov ded that such informa- 1000 s. 105 (3) LIQUOR LICENSE Cap. 89 34 tion and complaint and the summons issued thereon contains specifically the time and place of each contravention. C , c. 89, s 102. 103. In describing the offences respecting the sale or other Describing disposal of liquor or the keeping or the consumption of liquor Tntrmation, in any information, summons, conviction, warrant or proceed-'"'- ing under this Ordinance it shall be sufficient to state the sale, disposal, keeping or consumption of liquor simply without stating the name or kind of such liquor or the price thereof or the name of any person to whom it was sold or disposed of or by whom it was consumed; and it shall not be necessary to state the quantity of Uquor so sold, disposed of, kept or con- sumed except in the case of offences where the quantity is essential, and then it shall be sufficient to allege the sale or disposal of more or less than such quantity as the case may require. CO., c. 89, s. 103. 104. The forms set forth in schedule 2 to this Ordinance, F"™^ or any forms to the Uke effect, shall be sufficient in the cases thereby respectively provided for; and when no forms are pre- scribed by the said schedule they may be framed in accordance with part LVIII of The Criminal Code 1892. CO., c. 89, s. 104. 105. The proceedings upon informations for an offence Proceedings against any of the provisions of this Ordinance, in a case where ron^fctior'""'' a previous conviction is charged, shall be as follows: charged 1 The justice shall in the first instance inquire concerning charge for such subsequent offence only, and if the accused be found officltoTe guilty thereof he shall then and not before be asked whether '"^"^ ^'■^' he was so previously convicted as alleged in the information and if he answers that he was so previously convicted he shall be sentenced accordingly; but if he denies that he was so pre- viously convicted or does not answer such question, the justice shall then inquire concerning such previous conviction or con- victions; [2. Such previous conviction may be proved frima facie byP^o^of the production of a certificate purporting to be under the hand conviction of a convicting justice or the clerk of the court to whose office the conviction has been returned or the Attorney General with- out proof of signature or official character and without proof of identity of the person charged with the person named in such certificate]; 3. In the event of any conviction for any second or subse- Sub«que^nt^ quent offence becoming void or defective after the making former quashed thereof by reason of any previous conviction being set aside, ",^Lded quashed or otherwise rendered void the justice by whom such second or subsequent conviction was made shall summon the person convicted to appear at a time and place to be named and shall thereupon upon proof of the due service of such sum- 1001 35 Cap. 89 LIQUOR LICENSE S. 105 (3) Convictions under s. 92 mons if such person fails to appear, or on his appearance, amend such second or subsequent conviction and adjudge such penalty or punishment as might have been adjudged had such previous conviction never existed; and such amended conviction shall thereupon be held valid to all intents and purposes, as if it had been made in the first instance; 4. In case any person who has been convicted of a contra- vention of any provision of any of the sections of this Ordi- nance mentioned in section 92 hereof is afterwards convicted of an offence against any provision .of any of the said sections such conviction shall be deemed a conviction for a second offence within the meaning of the said section and shall be dealt with and punished accordingly although the two convictions may have been under different sections. CO., c. 89, s. 105; 1903, 1st session, c. 26, s. 14. Conviction for 106. Convlctions for several offences may be made under cnces ^j^.^ Ordinance although such offences may have been com- mitted on the same day; but the increased penalty or punish- ment hereinbefore imposed shall only be incurred or awarded in the case of offences committed on different days and after information laid for a first offence. CO., c. 89, s. 106. Commissioner or inspector not to act as J. P., etc. 107. No member of the board of license commissioners or inspector of Ucenses who is a justice shall try and adjudicate upon any complaint for an infraction of any of the provisions of this Ordinance committed within the Territorial limits for which he is a commissioner or inspector. CO., c. 89, s. 107. Production of license Record of 108. Whenever a licensee is convicted of any offence against be indorsed on the provlslons of this Ordinance a record thereof shall be in- hcense dorsed on the license of the person convicted and the following provisions shall have effect, that is to say: 1. The justice before whom any licensed person is accused shall require such person to produce and deliver to him the license under which such person carries on business and the summons shall state that such production will be required, [and refusal or neglect by the licensee to produce such license when so required shall be treated as a refusal by a witness to produce a document when required so to do and punished accordingly] ; 2. If such person is convicted the justice convicting shall cause the short particulars of such conviction and the penalty imposed to be indorsed on his license before it is returned to the offender; and such record shall be 'prima facie evidence of such conviction where such is subsequently required; 3. The [Attorney General] shall enter the particulars respecting such conviction or such of them as the case may require in the register of licenses kept by him under this Ordinance, and all justices shall notify the [Attorney General] in writing of any convictions they have made; 1002 Indorsement Entry in register s- 113 LIQUOR LICENSE Cap. 89 36 4. Where the conviction of any such person has the effect where rfect of causing the forfeiture of the Ucense or of disqualifying any[itt™y" person for the purposes of this Ordinance the license shall be ^'Sfied^ '° ""^ forwarded by the justice with notice of such forfeiture or dis- "° ' ° qualification to the [Attorney General]. CO., c. 89, s. 108; 1900, c. 32, ss. 1 and 15. 109. The justice on any conviction of a licensee for an offence certificate of against this Ordinance shall send forthwith to the [Attorney ''°""'^''°" General] a certificate of such conviction. CO., c 89 s 109- 1900, c. 32, s. 1. > ■ ' 110. For the additional duties imposed by the two next costs allowed preceding sections the justice shall be entitled to charge as'°J'""" costs in the proceedings the following sums: 1. For making up and forwarding certificate of conviction to the [Attorney General] the sum of fifty cents; 2. For recording the conviction on the license the sum o^ fifty cents. CO., c. 89, s. 110; 1900, c. 32, s. 1. 111. When not otherwise provided a third conviction of a Third conviction licensee for any violation or contravention of the provisions of 1° dluquThfils this Ordinance shall ipso facto operate as a forfeiture of his license and disqualify the person convicted from obtaining a license for three years thereafter. CO., c. 89, s. 111. 113. In any prosecution or proceeding under this Ordinance Certificate of in which proof is required respecting any license or interdiction, ^^eneraf]^ a certificate purporting to be under the hand of the [Attorney General] shall be prima facie proof of the existence of such license or interdiction and of the identity of the person to whom the license was granted or transferred, or against whom the [interdiction] was made; and the production of such certificate shall be sufficient prima facie evidence of the facts therein stated and of the authority of the [Attorney General] without any proof of his appointment or signature. CO., c. 89, s. 112; 1900, c. 32, s. 1; 1904, c. 14, s. 4. 113. Any regulation made by the board shall be sufficiently Proot of authenticated by being signed by them and a copy of such "■''^"'"''""^ regulation written or printed and certified to be a true copy by them or one of them shall be deemed authentic and be received as prim^ facie evidence in any court of justice without proof of the signature or signatures unless it is specially pleaded or alleged that the signature or signatures to any such original resolution have been forged and evidence of such forgery has been adduced by the person accused sufficient in the opinion of the court to make the proving of the signature or signatures advisable. CO., c. 89, s. 113. 1003 37 Cap. 89 LIQUOR LICENSE S. 114 Appliances of liquor trade evidence 114. Any house, shop, room or other place in which it is proved that there exists a bar, counter, beer pumps, kegs, jars, decanters, tumblers, glasses or any other apphances or prepar- ations similar to those usually found in hotels and shops where liquors are accustomed to be sold or trafficked in shall be deemed to be a place in which liquors are kept or had for the purpose of being sold, bartered or traded in, in contravention of sec- tion 81 of this Ordinance unless the contrary is proved by the defendant in any prosecution; and the occupant of such house, shop, room or other place shall be taken to be the person who has or keeps therein such liquors for sale, traffic or barter therein. CO., c. 89, s. 114. Proof of contravention 115. In proving the sale or disposal, gratuitous or other- wise, or consumption of liquor, for the purposes of any pro- ceeding relative to any offence under this Ordinance it shall not be necessary to show that any money actually passed or any liquor was actually consumed, if the justice or justices hearing the case is or are satisfied that a transaction in the natm-e of a sale or other disposal actually took place or that any consumption of liquor was about to take place; and proof of consumption or intended consumption of liquor on premises in respect to which a license is required under this Ordinance by some person other than the occupier of the premises shall be evidence that such liquor was sold to the person consuming or being about to consume or carrying away the same as against the occupant of the said premises. CO., c. 89, s. 115. Precise descrip- tion of liquor unnecessary 116. In any prosecution under this Ordinance for the sale or other disposal of liquor without the license required by law it shall not be necessary that any witness should depose direct- ly to the precise description of the liquor sold or bartered or the precise consideration therefor. CO., c. 89, s. 116. What prima facie evidence of sale 117. The fact of any person not being a licensee keeping up any sign, writing, painting or other mark in or near to his house or premises or having such house fitted up with a bar or other place containing bottles or casks displayed so as to in- duce a reasonable belief that such house or premises is or are licensed for the sale of any liquor or that liquor is sold or serv- ed therein or that there is on such prenaises more liquor than is reasonably required for the persons residing therein shall be deemed 'prima facie evidence of the unlawful sale of Uquor by such person. C.O., c. 89, s. 117. Proof of licenses 118. The production of a hcense which on its face purports to be duly issued and which were it duly issued would be a lawful authority to the defendant for such an act of omission shall be prima facie evidence that the defendant is so authorized and in all cases the signature to and upon any instrument purporting to be a valid license shall prima fade be taken to be genuine. CO., c. 89, s. 118. 1004 s- 118c LiQUOB LICENSE Cap. 89 38 [118a. In any prosecution for the violation of any of the [Amendment of provisions of the said Ordinance in the event of any variance'"^"""""""' between the information and the evidence adduced in support thereof the justice or justices hearing the case may amend such information and may substitute for the offence charged therein any other offence against the provisions of said Ordi- nance, but if it appears that the person charged has been materi- ally misled by such variance he shall be granted an adjournment of the hearing if he applies therefor.] 1903, 1st session, c. 26, s. 18. [1186. No appeal shall lie from a conviction for any violation [Affidavits of merits o appeal] or contravention of any of the provisions of this Ordinance ""'" °" unless the party appealing shall within the time limited for giving notice of such appeal make an affidavit before the justice or one of the justices or police magistrates who tried the cause that he did not by himself or his agent, servant or employee or any other person with his knowledge or consent commit the offence charged in the information; and such affidavit shall negative the charge in the terms used in the information; and shall further negative the commission of the offence by the agent, servant or employee of the accused or any other person with his 'knowledge or consent; which affidavit shall be transmitted with the conviction to the court to which the appeal is given. (2) Any justice making a conviction for any violation or contravention of any of the provisions of this Ordinance shall not transmit the conviction to the court to which an appeal is given unless and until the affidavit required by this section has been made and deposited with him; and unless such affi- davit shall be made and deposited with such justice within the time limited by this section any notice of appeal or other proceedings respecting appeal which may be given or taken shall be absolutely null and void and of no effect whatever; and the justice shall proceed in respect of such conviction as if no such notice of appeal had been given or proceeding taken. (3) Upon notice being given of appeal from a conviction for an infraction of this Ordinance, a consequence of which conviction is a forfeiture of the license of the person convicted, and upon the affidavit required by this section being made and deposited as provided, the Attorney General may apply to the court to which such appeal is made to expedite the hear- ing of the said appeal and to fix a time and place for such hearing; and the court shall thereupon fix such time and place for the disposal of the said appeal as to it may seem proper.] 1900, c. 32, s. 22; 1901, c. 33, s. 21. [118c. No writ of certiorari shall issue for the purpose ofmSon quashing any conviction for any violation or contravention of"""°''='"' any of the provisions of this Ordinance unless the party applying 1005 of 39 Cap. 89 LIQUOR LICENSE s. 118c therefor shall produce to the judge to whom the application is made an affidavit that he did not by himself or by his agent, servant or employee or any other person with his knowledge or consent commit the offence charged in the information ; and such affidavit shall negative the charge in the terms used in the information; and shall further negative the commission of the offence by the agent, servant or employee of the accused or any other person with his knowledge.] 1900, c. 32, s. 23. COSTS TO INSPECTORS. Specfo'r°"^^ 119- In any prosecution under this Ordinance if an inspec- as'proiefutOT" tor atteuds the court as prosecutor or witness it shall be law- or witness f^j fgp -(^hg justicB trying the case to order the defendant in case of a conviction to pay to the inspector the following costs : (a) In case he travels by railway or stage the fares actu- ally to be paid by him; (b) If he travels by a hired conveyance the sums actually required to be paid by him for conveyance, stabling and feed; (c) If he travels in his own conveyance, ten cents per mile each way; (d) To cover all other expenses, $2 per day actually occu- pied in going to, attending at and returning from the trial ; (e) In cases of adjournment at the instance of the defend- ant similar additional allowances to be made when the inspector is actually in attendance. (2) The foregoing expenses shall be verified by the oath of the inspector. (3) In case the person convicted does not pay such costs but is committed to gaol in default of payment the inspector shall be entitled to be paid the amount out of the general revenue fund. (4) In cases of prosecution by inspectors when no convic- tion is procured, upon the written certificate of the justice try- ing a case that there were reasonable grounds for the prosecu- tion the inspector shall be entitled to be paid the said costs out of the general revenue fund. (5) [Subsections (3) and (4) of] this section shall not apply to any inspector who receives salary in lieu of all other charges and expenses. CO., c. 89, s. 119; 1901, c. 33, s. 16. INTERDICTION. Interdiction for intemper- ance, procedure 130. When complaint has been made to a justice that any person by excessive drinking of liquor misspends, wastes, or lessens his estate or greatly injures his health or endangers or interrupts the peace and happiness of his family, the said justice shall institute proceedings under part LVIII of The Criminal Code 1892 against such person and on finding the complaint 1006 s. 122 LIQUOR LICENSE Cap. 89 40 well founded shall by order in form J appended hereto, forbid every licensed person in the Territories to sell him liquor for the space of [two years]. CO., c. 89, s. 120; 1900, c. 32, s. 16. 131. Immediately after granting the order provided for in Notice ot mter- the next preceding section the justice making the same shall »fven"o° ''" transmit it together with the complaint and any evidence "^'"'^^ taken thereon before him to the chief innpector who there- upon shall transmit by registered post or deliver a notice in form K appended hereto to all licensees whose premises are in the locality where such interdicted person lives. (2) Whenever the sale of liquor to any such drunkard shall ^™pfy'y^°f;q^^,_. have been so prohibited any person with a knowledge of such '° interdicted 1 M • ' 1 • n 1 T person prohibition who gives, sells, purchases or procures any hquor [to], for, or on behalf of such prohibited person or for his or her use [during the period of such prohibition] shall be guilty of an offence and upon summary conviction thereof shall be liable for every such offence to a penalty not less than $50 nor more than S200 and, in default of payment forthwith after conviction, to not less than two months' nor more than twelve months' imprisonment, and if a licensee his license shall be forfeited. CO., c. 89, s. 121; 1900, c. 2, s. 17. 133. The following persons, viz.: "iSoisma (a) Any husband or wife whose wife or husband has con- [nspecto. tracted the habit of drinking intoxicating liquors to^?J'J„^' excess ; (b) The person himself or the father, mother, brother, sister, curator, guardian or employer of any person who has contracted the habit of drinking intoxicating liquors to excess; (c) The manager or person in charge of an asylum or hospital or other charitable institution in which any person who has contracted the habit of drinking in- toxicating liquors to excess resides or is kept; (d) The curator or committee of any lunatic; or (e) The father, mother, brother or sister of the husband or wife of any person who has contracted the habit of drinking intoxicating liquors to excess; may require [an inspector to give notice in writing in form L in schedule 1 of this Ordinance signed by him to all licensees whose premises are in the locality where such drunkard or lunatic resides not to sell, give or deliver or suffer to be sold, given or delivered to such drunkard or lunatic any intoxicating liquor for the period of one year from the date of such notice, and such inspector shall thereupon give such notices and shall for- ward to the person interdicted a notice in form M in schedule 1 of this Ordinance and shall at the same time forward to the Attorney General a duplicate of such last named notice]. 1007 inter- notice 41 Cap. 89 LiQuoH license s. 122 (2) hiterdi'cted"" "' ^^^ ^^ ^^^^ prosccutioii Or proceedings under this and the person as next preceding sections no interdicted person required to be examined as a witness shall be excused from being so examined or from answering any question put to him touching the sale or delivery to him of any liquor on the ground that his evidence will tend to criminate himself; and any such person so required to be examined as a witness who refuses to make Qa.th accord- ingly or to answer any such question shall be subject to be dealt with in all respects as any person appearing as a witness before any justice or court and refusing without lawful cause or excuse to be sworn or give evidence may by law be dealt with; and every person so required to be examined as a witness who upon such examination makes true disclosures to the best of his knowledge of all things as to which he is examined shall receive from the justice before whom such proceeding is had a certificate in writing to that effect and shall be freed from all prosecutions and from all penalties and punishments to which he has become liable for anything done before that time under the provisions of section 123 of this Ordinance in respect of the matters regarding which he has been examined; and any prosecution or proceeding pending or brought against such witness under the provisions of section 123 hereof in respect of any matter regarding which he has been so examined shall be stayed upon the production and proof of such certificate if the said certificate states that such witness made a true dis- closure in respect to all things as to which he was examined. Penalty for (3) Whcncvcr the sale of liquor to any such drunkard shall o mterdfcteT"' have bccu so prohibited any person with a knowledge of such prohibition who gives, sells, purchases or procures [to], for, or on behalf of such prohibited person or for his or her use any liquor [during the period of such prohibition] shall be guilty of an offence and upon summary conviction thereof be liable to incur for every such offence a penalty not less than $50 nor more than $200 and in default of payment forthwith after conviction to not less than two months' nor more than twelve months' imprisonment and if a licensee his license shall be for- feited. CO., c. 89, s. 122; 1900, c. 32, s. 19 (1); 1901, c. 33, s. 17; 1904, c. 14, s. 5. Interdicted 133. Any persou to whom the sale of Uquor has been pro- fnTiiquor"''"" hibltcd undcr this Ordinance who either directly or indirectly in any way procures or permits the sale, disposal, gift or deliv- ery to him by any person of any intoxicating liquor shall be Penalty liable on summary conviction thereof to a fine of not more than $50 and in default of payment forthwith after conviction to imprisonment for not more than one month; in any prosecu- tion under this section if intoxication on the part of the defend- ant be proved he shall be held to have been guilty of an offence and in any such case it shall not be necessary in any proceedings to state the name of the person from whom the liquor has been procured or by whom the sale, disposal, gift or delivery of liquor has been made. CO., c. 89, s. 123. 1008 to person s. 124 (2) LIQUOR LICENSE Cap. 89 42 OPTION CLAUSES. 134. No license shall be granted by the board for the sale Local option of liquors within the hmits of a license district when it shall have been made to appear to the board in manner hereinafter provided that a majority of three-fifths of the duly qualified electors therein, who have voted at a poll taken as hereinafter vote specified, have declared themselves to be in favour of a pro- hibition of the sale of intoxicating liquors in their district and against the issue of licenses therefor. (2) When a requisition is presented, accompanied by the pj'°«^^^^s\ sum of 1100 to defray the expenses of the poll hereinafter member of specified, to any member of the board from a number of the electors of any district (estimated as near as may be at at least one-fifth of the total number cf electors of the district, the basis of such estimate being the number of electors who voted at the last election of a member of the Legislatiye As- sembly), requiring a vote to be taken as to whether or not such license shall issue or be granted therein, it shall be the duty of such member upon the receipt of such requisition and the said sum of $100, to scrutinize the names of the electors attached to such requisition, and being satisfied that the names so Preparation of • • • • voters list attached are those of duly qualified electors within the district, and after the person or persons who have witnessed the signa- tures to the said requisition shall have sworn before a justice or a notary public — • (a) That he, the said witness, or they, the said witnesses, were present and saw the said electors sign the said requisition; (6) That the said electors signed the said requisition within thirty days of the date of such affidavit; and (c) That the signers constitute one-fifth of the electors of said district (estimated as above); to command the taking of a poll of the said electors to ascer- tain whether or not such licenses shall be granted; and the member of the board to whom the requisition has been pre- sented shall by an order inserted in any newspaper published in the district, or if there be no newspaper published in such district, in the newspaper whose place of publication is near- est to the said district — Firstly, appoint one of thfe inspectors for the district orR^t^urning other person to act as returning officer; and Secondly, fix the places and day at and in which the poll shall be taken; the places so fixed for the taking of the poll shall be as many in number and in such parts of the district as shall be suf- ficient in the opinion of the returning oflacer to record a full vote of the electors of the district; the returnmg officer shall thereupon give pubhc notice of the taking of such poll m all the newspapers if any published within the district, the pub- 00 1009 43 Cap. 89 LIQUOR LICENSE s. 124 (2) When poll to be taken Powers of returning officer lication to be continued in at least one number of each of such papers each week for three successive weeks, and also by post- ing up such notices or copies of the same at the post offices within such district; such poll shall be held in the month of October or November next ensuing on such day as shall be most convenient and not less than four weeks and not more than seven weeks from the date of the first publication of such notice, the said poll to be taken between the hours of nine a.m. and five p.m. of the day so appointed. (3) For the purpose of taking the poll the returning officer shall have all the powers for the preservation of the peace which are by law vested in the returning officer at any elec- tion of a member of the House of Commons of Canada and shall have all the powers of appointing and swearing con- stables. (4) The returning officer shall appoint a deputy returning officer for each polling division comprised in the license dis- trict and shall furnish each deputy returning officer with all the necessary apparatus for taking such poll; the returning officer, the deputy returning officers and the clerks whom he shall employ shall subscribe and take the oath for the due and proper performance of the duties of their respective offices according to the forms mutatis mutandis prescribed in sched- ule Q of the Act of the Parliament of Canada which may be cited as The Dominion Elections Act, before the nearest resi- dent justice or commissioner for taking affidavits and shall be subject to the same penalties for the neglect or the improper discharge of their respective duties as are imposed on similar officers in case of an election of a member for the House of Commons of Canada. reSrnfng officer (^) Every dcputy returning officer shall administer to' any ^^»^^»'*'"'"'>*t^"" elector if required either one or both of the following oaths: No. 1. Deputy returning^ officer and clerks Form of oath You do swear that you are a male British subject; that you have attained the full age of twenty-one years; that you are not an unenfranchised Indian; and that you have resided in the North-West Territories for at least the twelve months and in this Ucense district for at least the three months respect- ively immediately preceding this date. So help you God. No. 2. Form of oath Proceeding's at poll when oath taken You do swear that you have not received any money or other reward nor have you accepted any promise made to you directly or indirectly to induce you to vote at this election and that you have not before voted at this election either at this or any other polling station. So help you God. (6) When any person presents himself for the purpose of voting the deputy returning officer shall cause the full name, 1010 s. 124 (5) LIQUOK LICENSE Cap. 89 44 occupation and place of residence of such person to be forth- with entered on the voters' list and before the vote of such person is polled shall if so requested by any qualified voter administer to him either or both of the above mentioned oaths; and the words "He has taken oath No. 1" (or, and) "oath No. 2" as the case may be, shall be written opposite the name of any person so sworn; and in case any person refuses to take such oath or oaths at such request he shall not be permitted to vote and the words "refused to take oath No. 1" (or, and) " oath No. 2 " as the case may be, shall be written opposite the name of any person so refusing. (7) The vote of the electors shall be taken by ballot in the Manner of manner provided by the Canada Temperance Act and the '=°"'*"'^''"8r p°" several clauses thereof under the heading "The Poll," "Sec- retary," "Penalties," "Preservation of Peace," "General Provi- sions," "Prevention of Corrupt Practices," and "Penalties and Punishments Generally" shall be read and construed as a part of this Ordinance except where the same may be inconsistent with any of the provisions herein contained. (8) Immediately after the close of the poll the deputy return- Proceedings at ing officer shall in the presence of the poll clerk if there be one and such of the electors (of whom there shall not be more than two) as may be present open the ballot box and proceed as follows: 1. He shall examine the ballot papers and reject all those Examhiing .,-.. ...-I ic 1 "L'T. ballot papers on the back of which his initials are not found or on which anythmg appears by which the voter can be identified: 2. Take a note of any objection made by any elector present Noting _^^ to any ballot paper found in the ballot box and decide on any question arising out of the objection; 3. Number such objection and place a corresponding num- Numbering ber on the back of the ballot paper with the word " allowed" °''J='^"°"^ or "disallowed" as the case may be with his initials; 4. Count the ayes and noes from the ballot papers not re- wntten^^ ^^ jected and make a written statement of the number of votes Lmterofwtes given for or against the granting of licenses respectively and of the number of ballot papers rejected and not counted by him which statement shall be then signed by him and such other persons authorized to be present as may desire to sign the same; 5. The deputy retummg ofiicer shall then certify under hiscert^cate own hand in full words on the voters' list the total number ot returning officer persons who have voted at the polling place at which he is appointed and make up into separate packets— (a) The statement of votes given for or against the gra,nt- ing of hcenses respectively and of the rejected ballot papers; (b) The used ballot papers which have not been objected to and which have been counted; 1011 45 Cap. 89 LIQUOE LICENSE S. 124 (5) Declaration of result of poll Ballot boxes, etc., disposition of Objections to proceedings (c) The ballot papers which have been objected to but which have been counted; (d) The rejected baUot papers; (e) The declined and cancelled ballot papers; (/) The voters' list; which packets closed up and sealed with his own seal and with the seals of any persons present desiring to affix their seals thereto and marked on the outside with a memorandum desig- nating their respective contents shall by the deputy returning officer be transmitted forthwith to the returning officer. (9) At the time and place fixed for declaring the result of the poll the returning officer shall open the packets containing the statement of votes given for or against the granting of licenses respectively and there publicly declare the result. (10) As soon as possible after the result has been announced the ballot boxes, packets and returns shall be deposited in the office of the board. (11) Objections to any act or proceeding imder this section must be made in writing and filed in the ofl&ce of the board within eight days after the ballot boxes, packets and returns are deposited in the said office; such ob ections shall be con- sidered and adjudicated upon by the board at their next regular meeting; the decision of the board shall be final; and in the event of the objections being maintained and upon the payment of the sum of $100 by the objector or objectors they shall have the power to call another poll to be taken on the question whether or not licenses shall be granted; in the event, however, of the said sum of $100 not being paid the poll objected to, even if the objections are sustained, shall remain valid to all intents and purposes and have full force and effect as if no objections had been found. Defect of form (12) NotMug lu thls scctiou shall be construed as permit- or irregularity ^-j^g ^^^ ^f ^j^^ procccdiugs had Or papers filed or notices re- quired therein to be vitiated or set aside by reason of any mere want or defect of form or any irregularity in the drawing up or execution of the same. When decision (13) The decislou of the three-fifths of the electors against fnt^oVS^^" t^s granting of Hcenses as declared at the poll shall come into force in the -then ensuing license year beginning on the first day of July and such prohibition shall continue in full force for such year and any future year until repealed; and each and all of the provisions of this section shall apply to the pro- ceedings to be taken in reference to such appeal. (14) In case of any such vote being taken as provided in this section then no new vote other than that provided for in this section shall be taken for a period of three years there- after. (15) The expenses for the taking of such vote over and enerai revenue abovc the sum of $100 provlded to be paid under this section 1012 When new vote can be taken Expenses to be defrayed out of fund s. 126 LIQUOR LICENSE Cap. 89 46 shall be defrayed out of the general revenue fund of the Terri- tories, such expenses to be certified to by the board for the district in which the vote has been taken; in the event however of the expenses of such vote being less than the 1100 deposited as above, the balance thereof remaining after such expenses have been paid shall be returned to the parties depositing the same. CO., c. 89, s. 124. PARTIAL REPEAL OF NORTH-WEST TERRITORIES ACT. 135. Sections 92 to 100 both inclusive of The North-Westf^^l°''^9^^° Territories Act, chapter 50 of The Revised Statutes of Canada -^rf repealed together with aU amendments thereto in so far as they apply to the Territories comprising the several electoral divisions mentioned in the schedule to chapter 22 of the Act of the Par- liament of Canada' 54-55 Victoria intituled An Act to amend the Acts respecting the North-West Territories are hereby repealed except as to aU that portion of Alberta north of a line drawn Exception as follows: Commencing at the point of intersection of the western boundary of Alberta by the line between townships numbered fifty-seven and fifty-eight, thence east to the western boundary of range twenty-six west of the fourth meridian, thence north along the western boundary of the said range twenty-six to the line between townships numbered sixty-four and sixty-five and thence east along the said line to the eastern boundary of Alberta, and except as to townships 57 and 58 in ranges 9 and 10 west of the fourth meridian in the Dominion lands system of survey; and it is declared that as to the said portions of the Territories the said sections of The North-West Territories Act remain in full force and effect: [Provided that the Lieutenant Governor may by proclama- p™da^^ti.°n tion declare the provisions of the said sections 92 to 100 to effect pro- rt 1 1 ,. 1. • 1 1 j_'* nibitory clauses be m force from a day to be mentioned m said proclamation lUofN.w.T. Act any part of that portion of the Territories specified in this section and thereupon the provisions of the said sections 92 to 100 shall be deemed to be re-enacted from the day so men- tioned in respect of that part of the Territories specified in the said proclamation.] CO., c. 89, s. 125; 1903, 1st session, c. 26, s. 15. MEMBERS OF ASSEMBLY. 136. No member of the Legislative Assembly except he be Member ^.^^ a licensee shall be a party to any bond to be given under this Assembly Ordinance nor shall he be a party to any petition under this Ordinance. CO., c. 89, s. 126. 1013 47 Cap. 89 liquor license Sched. SCHEDULE 1. FORM A. (Section 28.) To the License Commissioners: The petition of the undersigned humbly sheweth: That your petitioner makes application for a renewal of (1) a (2) license to sell intoxicating liquors in the building occupied by your petitioner at in the electoral district of , and described as (3) Your petitioner hath deposited with the proper officer the sum of $10 the fee payable for such application and produces herewith receipt^ for same. (4) [Your petitioner produces also the recommendations of at least ten out of the twenty nearest householders to the said also his own affidavit and the affidavit of two respectable neighbours to prove his qualification to obtain a license.] And your petitioner prays that a license may be granted him accordingly. (1) // a first application strike out the words in italics; (2) Insert description of license as hotel or wholesale; (3) Here give full description of premises; (4) The words in brackets to be left out where form B not required. CO., c. 89, Schedule 1, Form A. FORM B. (Sections 28, 29, 34, 37, 38, 40.) We, the undersigned, hereby severally declare that is personally known to us, that we are at least ten of the twenty householders nearest in a direct line to the 1014 Sched. LIQUOR LICENSE Cap. 89 48 wherein the appHcant intends to sell intoxicating liquors as specified in his petition; that we have read or heard read to us the whole of this recommendation before signing it; and we recommend the applicant as a fit and proper person to obtain a license to sell intoxicating liquors in the to be occupied by the said applicant at in the electoral district of and we con- sider it for the convenience of the pubHc that a license should be granted to the said appHcant. Name Date of signature Distance in yards in a direct line from the proposed licensed premises I, the undersigned, do certify that all the persons whose names are appended to the within recom- mendation are personally known to me and have signed the same in my presence and the date upon which each person signed the said recommendation is directly set opposite the name of each person respectively. Dated at in the District of this day of A.D. 1 A.B., J.P., or Commr., etc. C. 0., c. 89, Schedule 1, Form B. FORM C. (Section 28.) Ij applicant for a license to sell intoxicat- ing liquors, make oath and say: That I am of the full age of twenty-one years. That I have never been convicted of any criminal offence subject to imprisonment for five years or upwards. Sworn before me at in the district of this day of 1 A.BJ A Justice of the Peace or A Commissioner, etc. CO., c. 89, Schedule 1, Form C. 1015 49 Cap. 89 liquob license Sched. FORM D. {Section 28.) We, and , do severally make oath and say: That we are neighbours of _ , applicant for a license to sell intoxicating liquors; That he is personally known to us; That he is of the full age of twenty-one years; That he has never been convicted of any criminal offence subject to imprisonment for five years or upwards to our knowledge; and That he is a man of good moral character and temperate habits. Sworn by said and before me at in the dis- trict of this day of 1 A.B., A Justice of the Peace or A Commissioner, etc. C. 0., c. 89, Schedule 1, Form D. FORM E. {Section 47.) Form of Bond by Applicant for an Hotel or Wholesale License. Know all men by these presents that we of of and of are held and firmly bound unto [His Majesty King Edward the Seventh, His Heirs and Successors] as follows, that is to say: the said in the sum of five hundred dollars of good and lawful money of Canada the said in the sum of two hundred and fifty dollars of like good and lawful money and the said in the sum of two hundred and fifty dollars of like good and lawful money, for payment of which well and truly to be made we bind ourselves and each of us, our heirs, executors and administrators firmly by these presents. Whereas the above bounden is about to obtain a license to keep a for the sale of liquor in the of . The condition of this obUgation is therefore such that if the said pay all 1016 Sched. LIQUOR license Cap. 89 50 fines and penalties which he may be condemned to pay for any offence against any statute or other provision having the force of law now or hereafter to be in force relative to such license for the sale of liquor and does, performs and observes aU the requirements thereof and conforms to all rules and regulations that are or may be established by competent auth- ority in such behalf; then this obligation shall be null and void, otherwise it shall remain in full force, virtue and effect. In witness whereof we have signed these presents with our hands and sealed them with our seals this day of one thousand Signed, sealed and delivered! in presence of us I [l.s.] [L.S.] [L.S.] [FORM E. 1. {Section 47.) Affidavit of Surety. We, of the and of the the securities in the within bond named do severally make oath and say as follows: (1) I, the said , for myself say that I am a householder residing at and that I am worth property situate in the North-West Territories to the amount of two hundred and fifty dollars over and above the exemp- tions allowed by law and what will pay my just debts. (2) And I, the said , for myself say that I am a householder residing at and that I am worth property situate in the North-West Territories to the amount of two hundred and fifty dollars over and above the exemptions allowed by law and what will pay my just debts. The above" named and were severally sworn before me at this day of 190 A.B., A Justice of the Peace or A Commissioner, etc.] CO., c. 89, Schedule 1, Form E; 1901, c. 33, s. 18; 1904, c. 14, s. 6. 1017 51 Cap. 89 LIQUOR LICENSE FORM F. {Sections 12 and 32.) L' CENSE. of Sched. in the Whereas district of has made application for a license to sell intoxicating liquors and it having been made to appear to the board of license commissioners that the said has complied with the provisions of the Ordinance in that behalf, this is to certify that the said hereby licensed as provided by law to sell intoxicating liquors in manner aforesaid at said place of business from the day of 1 until midnight on the day of 1 Dated this day of CD., [Attorney General.] CO., c. 89, Schedule 1, Form F; 1900, c. 32, s. 1. FORM G. {Sections 36, 38 and 43.) To the License Commissioners: We, the undersigned, do hereby protest against the granting of a license to sell intoxicating liquors as a to for the following reasons : {Here set forth reasons). Name Distance in yards in a direct line from the proposed licensed premises 1018 Date ot signing Sched. LIQUOR license Cap. 89 52 I, the undersigned, do certify that all persons whose names are appended to the above protest are personally known to me and have signed in my presence and that they are comprised within the twenty nearest householders to the for which has applied for a license and the date upon which each person signed the said protest is directly set opposite the name of each person respectively. Dated at in the North-West Territories this day of A.D., 1 A.B., Justice of the Peace or Commissioner, etc. CO., c. 89, Schedule 1, Form G. FORM H. {Section 98.) Form of Declaration of Forfeiture and of Order to Destroy Liquor Seized. If in conviction, after adjudging penalty or imprisonment, proceed thus: And I declare the said liquor and vessels in which the same is kept, to wit: two barrels containing beer, three jars contain- ing whiskey, two bottles containing gin, four kegs containing lager beer and five bottles containing native wine {or as the case may be) to be forfeited to [His] Majesty. Given under my hand and seal the day and year first above mentioned at, etc. (7 ,Jl. CO., c. 89, Schedule 1, Form H; 1901, c. 33, s. 18; 1904, c. 14, s. 7. FORM I. If by separate or subsequent order: Canada | North-West Territories h To wit: j . .,; . lEF , one of .[His] Majesty's justices of the peace in and for-'the Narth-We&t- Territories, having on the .■.■■. day of one thousand 1019 53 Cap. 89 liquob license Sched. at the of in the said North-West Ter- ritories, duly convicted X. Y. of having unlawfully kept liquor without a license, do hereby declare the said liquor and vessels in which the same is kept, to wit: {describe the same as dbove) to be forfeited to [His] Majesty. Given under my hand and seal this day of at the of in the said E. F. [L.S.] CO., c. 89, Schedule 1, Form I; 1901, c. 33, s. 18; 1904, c. 14, s. 7. FORM J. (Section 120.) Canada : 1 Be it remembered that on the North-West Territories. [ day of J A.D. 1 complaint was made before the undersigned a justice of the peace in and for the said Territories : That A.B., (here set out the facts as stated in the complaint) and now having duly heard the matter of the said complaint I do order that during the period of one year from the date hereof no licensee after notice of this order shall sell any liquor to the said A.B. Given under my hand and seal this day of at the o- in the said Territories. J.P. CO., c. 89, Schedule 1, Form J. FORM K. (Section 121.) Notice of Interdiction. Regina, 1 A.B., of in the North-West Territories. Sir,— In pursuance of The Liquor License Ordinance you are hereby notified that CD., of in the District of labourer (or as the case may he) is inter- dicted from the use of intoxicating liquors, on order made by 1020 Sched. LIQUOR license Cap. 89 54 G.H., a justice of the peace in and for the North-West Terri-, tories, bearing date the day of 1 and you are required to govern yourself accordingly. You are liable if [during the period of two years from the date of said order] you give, sell, purchase or procure to, for or on behalf of such prohibited person or for his or her use any liquor, upon conviction, to a penalty of not less than $50 nor more than S200 and in default of payment to not less than two months' nor more than twelve months' imprisonment, and if you are a licensee, forfeiture of hcense. Your obedient servant, E.F., [Attorney General.] CO., c. 89, Schedule 1, Form K; 1900, c. 32, ss. 1 and 20. FORM L. {Section 122.) Notice op Interdiction. Take notice that under the provisions of section 122 of The Liiquor License Ordinance I have been required by (here state name and authority of person who has requested notice to he given) to notify you that you are not [during the period of one year from the date of this notice] to directly or indirectly sell, give or deliver or suffer to be sold, given, or delivered to Qiere insert name and description of person) any intoxicating liquor under a penalty of [two] hundred dollars and absolute forfeiture of your license. Dated this day of A.D. 1 E.F., Inspector, CO., c. 89. Schedule 1, Form L; 1900, c. 32, s. 21; 1904, c. 14, s. 8. [FORM M. {Section 122.) Notice of Interdiction. To of Take notice that under the provisions of section 122 of The Liquor License Ordinance and at the request of {here state name and authority of person at whose request interdiction is made) I have this day interdicted you from the use of intoxicating 1021 55 Cap. 89 liquor license Sched. liquor for the space of one year from the date hereof. Failure on your part to observe this interdiction will render you liable to a penalty of 150. Dated at this day of 19 A.B., Inspector.] 1904, c. 14, s. 9. SCHEDULE 2. Forms for Describing Offences. 1. Neglecting to keep license exposed. That A'. Y., having a license for sale by wholesale {or an hotel license) on unlawfully or wilfully (or negligently) omitted to expose the said license in his warehouse (or in the bar room of his hotel as the case may be). 2. Sale vnthout license. That X. Y., on the day of in the year of our Lord one thousand at in the of unlawfully did sell liquor without the license therefor by law required. 3. Keeping liquor mthput license. That X. Y., on at unlawfully did keep liquor for the purpose of sale, barter and traffic therein without the license therefor by law required. 4. Sale of liquor on licensed premises during prohibited hours. That X. Y., on at in his premises (or on, or out of, or from his premises) being a place where liquor may be sold, unlawfully did sell (or dispose of) liquor during the time probibited by The Liquor License Ordinance for the sale of the same, without any requisition for medical purposes, as required by the said Ordinance, being produced by the vendee or his agent. 5. Allowing liquor to be drunk on licensed premises during pro- hibited hours. That X. Y., on at in his premises, being a place where liquor may be sold by retail (or wholesale) unlawfully did allow (or permit) Hquorto be drunk in such place during the time prohibited lay The Liquor License Ordinance for the sale of the same by a person other than the licensee or some member of his famUy or a lodger in his house. 102a Sched. LIQUOR license Cap. 89 56 6. Sale of less than one quart under wholesale license. That X. Y., having a wholesale license on at unlawfully did sell liquor in less quantity than one half gallon (or one reputed quart bottle or two re- puted pint bottles as the case may be). 7. Allovnng liquor to be consumed upon wholesale premises. That X. Y., having a wholesale license on at . unlawfully did allow liquor sold by him {or in his possession) and for the sale of which a license is required, to be consumed within his premises (or within the building of which his premises forms part or within a building which communicates by an entrance with his premises) by a pur- chaser of such liquor (or by a person not usually resident within the building of which such premises forms a part). 8. Illegal sale by druggists. That X. Y., being a chemist (or druggist) on at did unlawfully sell liquor for other than strictly medicinal purposes (or sell liquor in pack- ages of more than six ounces at one time without a certificate from any registered medical practitioner or sell liquor without jtccording the same), as required by The Liquor License Ordi- nance. 9. Keeping a disorderly house. That X. Y., being the keeper of (house of public entertain- ment) situate in the town of in the district of on in his said hotel unlawfully did sanction (or allow) gambling, (or riotous or disorderly conduct) in his said hotel. 10. Harbouring constables on duty. That X. Y., being licensed to sell liquor at on unlawfully and knowingly did harbour (or entertain or suffer to abide and remain) on his premises O.P., a constable belonging to a police force, during a part of the time appointed for his being on duty, and not for the pur- pose of queuing a disturbance or restoring order or executing his duty. 11. Compromising or compounding a prosecution. That X. Y., having violated a provision of The Liquor License Ordinance, on at unlaw- fully did compromise (or compound, or settle, or offer, or at- tempt to compromise, compound or settle), the offence with A.B., with the view of preventing any complaint being made in respect thereof (or with the view of getting rid of or of stopping or of having the complaint made in respect thereof dismissed as the case may be). 12. Being concerned in compromising a prosecution. That X. Y., on at unlaw- fully was concerned in (or a party to) a compromise (or a cora- 1 noa 57 Cap. 89 liquor license Sched. position, or a settlement) of an offence committed by 0. P. against a provision of The Liquor License Ordinance. 13. Refusing to admit 'policeman. That X. Y., on at being in (or having charge of) the premises of O.P. being a place where liquor is sold {or reputed to be sold) unlawfully did refuse (or fail) to admit {or did obstruct or attempt to obstruct) E.F. an officer demanding to enter in the execution of his duty {or did obstruct or attempt to obstruct E: F. an officer making searches in the said premises and in the prem- . ises connected with such place). 14. Officer refusing to prosecute. That X. Y., being a poUce officer {or constable or inspector of licenses) in and for the knowing that O.P had on at committed an offence against a provision of The Liquor License Ordinance, unlaw- fully and wilfully did and still does neglect to prosecute the ■ said O.P for his said offence. 15. Refusing or failing to supply lodging, meals or accom- modation to travellers. That. F.X., being the keeper of an hotel in respect of which an hotel license has been duly issued and is in force, on at unlawfully failed or refused personally {or through someone acting on his behalf) to supply lodgings, meals or accommodation to a traveller as required by The Liquor License Ordinance. ' ' 16. Selling liquor to anyone under eighteen years of age. That X.Y., at on unlawfully did sanction {or allow) to be supplied in his licensed premises by purchase (or otherwise) liquor to a person under the age of eighteen years not being a resident on the premises or a bona fide goest, lodger or traveller. 17. Allowing internal communication between licensed and unlicensed premises. • That Z. Y., at on ' unlawfully did sanction {or allow) to be made or used an inter- nal communication between his licensed premises and unlicensed premises which are used for public entertainments and resort {or as a refreshment house). 18. Obtaining liquor by false representations. '■ That Z. Y., at on unlawfiilly did by falsely representing himself to be a lodger, buy or obtain {or attempt to buy or obtain) at liquor during the period during which such premises are required to be closed in pursuance of The Liquor License Ordinance. 19. Interdiction. That X.Y. by excessive drinking of liquor misspends, wastes - {or lessens if the fact be so) his estate {or greatly injures his ' 1024 3ched. LIQUOR license Cap. 89 58 health or endangers or interrupts the peace and happiness of his family). CO., c. 89, Schedule 2. FORM M. Form of Information Laid or Complaint Made, as the Case May Be. Canada: 1 The information of A.B., of the North-West Territories. \ of in To wit : J the of laid {or complaint made as the case may be) upon oath {or affirma- tion) before me CD., one of [His] Majesty's justices of the peace in and for the North-West Territories, the day of A.D. one thousand The said informant says he is informed and believes that X.Y., on the day of A.D. one thousand at the in the of imlawfully did sell liquor without the license therefor by law required {or as the case may be). Laid, sworn {or affirmed), and~ signed before me the day and year, and at the place first above mentioned. CD., ' A. B. J.P. CO., c. 89, Schedule 2, Form M; 1901, c. 33, s. 18. FORM N. Form of Information for Second, Third or Fourth Offence. Canada: ] The information of A. B., of North-West Territories. \ etc., laid upon oath {or affir- Towit: ' . mation) before me, CD., one of [His] Majesty's justices of the peace in and for the North-West Territories, the (Jay of A.D. one thousand The said informant says he is informed and believes that X Y on a't {describe last oifence) • 1025 59 Cap. 89 liquor license Sched. And further that the said X. Y. was previously, to wit: on the day of A.D. 1 ,- at the . of , before E.F., one of [His] Majesty's justices of the peace in and for the North- West Territories, duly convicted of having on the day of 1 , at the of in the of unlawfully sold liquor without the license therefor required by law {or as the case may be) ; And further that the said ,X. Y., was previously, to wit: on the day of A.D. 1 , at the of in the of , before etc., (as in preceding paragraph) again duly convicted of having on the day of A.D. 1 , at the of in the .of " , having a wholesale license, unlawfully allow liquor to be consumed within a building which communicates by an entrance within his premises by a person not usually resident within the build- ing of which such premises form a part (or as the case may be); And further that the said X. Y. was previously, to wit: on the day of A.D. 1 , in the of , before, etc., (see above) again duly convicted of having on the day of A.D., 1 , at the of in the of , (being in charge of the premises of 0. P., & place where liquoi was reputed to be sold) unlawfully failed to admit E. F., an officer demanding to enter in the execution of his duty {or as the case may be). And the informant says that the offence hereinbefore firstly charged against the said X. Y. is his fourth {or as the case may be) offence against The Liquor License Ordinance. Laid, sworn {or affirmed), and signed before me the day and year and at the place first above mentioned. CD., J A.B. J.P. CO., c. 89, Schedule 2, Form N; 1901, c. 33, s. 18. 1026 Sched. LIQUOR license Cap. 89 60 FORM 0. Summons to Witness. Canada : ] North-West Territories. - To wit: J To J. K., of the of in the of Whereas information has been laid before me C. D., one of •[His] Majesty's justices of the peace in and for the North- West Territories that X. Y., being a druggist; on the day of A.D.'l at the of in the of unlawfully did sell liquor for other than strictly medicinal purposes {or as the case may he) and it has been made to appear to me that you are likely to give material evidence on behalf of the pro- secution in this matter; These are to require you to be and appear on the day of A.D. 1 at o'clock in the noon at the in the of before me or such justice or justices of the peace as may then be there to testify what you know concern- ing the said charge so made against the said as aforesaid (and also to bring with you and there and then to produce all and every invoices, day books, cash books or ledgers and receipts, promissory notes or other security relating to the purchase or sale, or sale of liquor by the said X. Y., and all other books and papers, accounts, deeds and, other docu- ments in your possession, custody or control relating to any matter connected with the said prosecution). Herein fail. not. Given under my hand and seal th's day of A.D. 1 at the of in the of CD., J. P. [L.S.] CO., c. 89, Schedule 2, Form 0; 1901, c. 33, s. 18. FORM P. Form of Conviction for First Offence. Canada : i North-West Territories. ,- To wit: J • Be it remembered that on the day of A.D. one thousand ■ 1027 61 Cap. 89 LIQUOR license Sched. at the of in the of X. Y. is convicted before me, E. F., one of [His] Majesty's justices of the peace in an for the North-West Territories, for that he, the said X. Y., on the day of A.D. one thousand at the of in the in his premises, being a place where liquor may be sold, unlawfully did sell liquor during the time prohibited by The Liquor License Ordi- nance for the sale of the same without any requisition for med- icinal purposes as required by the said Ordinance being pro- . duced by the vendee or his agent {or as the case may be), A. B. being informant, and I adjudge said X. Y . for his said offence to forfeit and pay the sum of dollars to be paid and applied according to law, and also to pay to the said A. B. the sum of dollars for his costs in this behalf, and if the said several sums be not paid forthwith, then* I order the said sums to be levied by distress and sale of the goods and chattels of the said X. Y.; and in default of sufficient distress in that behalf* {or where the issuing of a distress warrant would he ruinous to the defendant and his family, or it appears that he has no goods whereon to levy a distress, then instead of the words between the asterisks say inasmuch as it has now been made to appear to me that the issuing of a warrant of distress in this behalf would be ruinous to the said X. Y. and his family, or that the said X. Y. has no goods or chattels whereon to levy the said several sums by distress), I adjudge the said X. Y. to be imprisoned in the common gaol at in the said and there to be kept for the space of unless the said sums and the costs and charges of conveying the said X. Y. to the said common gaol shall be sooner paid. Given under my hand and seal the day and year first above mentioned at the of in the aforesaid. CD., [L.S.] J.P CO., c. 89, Schedule 2, Form P; 1901, c. 33, g. 18. FORM Q. Form of Conviction for a Third Offence. Canada : \ North-West TerritOT-'e?. \ To wit: J Be it remembered that on the day of in the year of our Lord one thousand at of in the X. Y. is 1028 Schcd. LIQUOR LICENSE Cap. 89 62 convicted before the undersigned CD., one of [His] Majesty's justices of the peace in and for the said Territories for that the said X. Y. on the day of A.D. one thousand at in the said {as the case may be) having violated a provision of The Liquor License Ordinance unlaw- fully did attempt to settle the offence with A. B. with the view of having the complaint made in respect thereof dismissed {or as the case may be); And it appearing to me that the said X.Y. was previously, to wit: on the day of A.D.I , at the of before, etc. duly convicted of having on the day of A.D. 1 , at the of unlawfully sold liquor without the license therefor by law required {or as the case may be); And it also appearing to me that the said X. Y. was pre- viously, to wit : on the day of A.D. 1 , at the of before, etc., {see above) again duly convicted of having on the day of A.D. 1 , at the being the keeper of Ucensed premises situate in the said of unlawfully allowed gambhng in his said hcensed premises {or as the case may be); I adjudge the offence of the said X. Y., hereinbefore firstly mentioned, to be his third offence against The Liquor License Ordinance {A.B. being the informant) and I adjudged the said X. Y. for his third offence to be imprisoned in the common gaol of the said of at in the said of there to be kept at hard labour for the space of three calendar months {or as the case may be). Given under my hand and seal the day and year first above mentioned, at in the ° CD. [L.S.] J.P. CO., c. 89, Schedule 2, Form Q; 1901, c. 33, s. 18. FORM R. Warrant of Commitment for First Offence Where a Penalty is Imposed. Canada: \ North-West Territories. I To wit: I To all or any of the constables and other peace officers in the of and the keeper of the common gaol of the said at in the 1029 63 Cap. 89 liquor license Sched. Whereas X. Y., late of the of in the said was on this day convicted before the undersigned C. D., one of [His] Majesty's justices of the peace in and for the North- West Territories, for that he, the said X. Y., on at unlawfully did sell liquor without the license therefor by law required (state offence as in the conviction) (A. B. being the informant) and it was thereby adjudged that the said X. Y. for his said offence should forfeit and pay the sum of (as in conviction) and should pay to the said A. B. the sum of for his costs in that behalf; And it was thereby further adjudged that if the said several sums should not be paid forthwith the said X. Y. should be imprisoned in the comnion gaol at in the said Territories there to be kept at hard labour for the space of unless the said several sums and the costs and charges of conveying the said X. Y. to the said common gaol should be sooner paid; And whereas the said X. Y. has not paid the several sums or any part thereof although the time for payment thereof has elapsed; [// a distress warrant issued and was returned no goods or not sufficient goods, say: And whereas afterwards on the day of A.D. 1 , I, the said justice, issued a warrant to the said constable or peace officer or any of them to levy the said several sums of of and by distress and sale of the goods and chattels of the said A'. Y.; And whereas it appears to me as well by the return of the said warrant of distress by the constable who had the execu- tion of the same or otherwise that the said constable has made diligent search for the goods and chattels of the said X. Y. but that no sufficient distress whereon to levy the said sums could be found.] [Or where the issuing of a distress warrant would he ruinous to the defendant and his family or if it appears that he has no goods whereon to levy a distress then instead of the foregoing recitals of the issue and return of the distress warrant., etc., say: And whereas it has been made to appear to me that the issuing of a warrant. of distress in this behalf would be ruinous to the said X. Y. and his family or that the said A'. Y. has no goods or chattels whereon to levy the said sums by distress, (as the case may be)]; These are therefore to command you, the said constables or peace officers or any of you, to take the said X. F. and him safely convey to the common gaOl at in the of and there deliver him to the said keeper thereof together with this precept'; 1030 Sched. LIQUOR license Cap. 89 64 And I do hereby command you, the said keeper of the said common gaol, to receive the said X. Y. into your custody in the said common gaol there to imprison and keep him for the space of unless the said several sums and all the costs and charges of the said distress, amounting to the sum of , and of the commitment and conveying of the said X. Y. to the said common gaol, amounting to the further sum of , shall be sooner paid unto you, the said keeper, and for so doing this shall be your sufficient warrant. Given under my hand and seal this day of A.D. 1 , at CD. [L.S.] J.P. CO., c. 89, Schedule 2, Form R; 1901, c. 33, s. 18. 1031 TITLE XHI. MISCELLANEOUS. CHAPTER 90. An Ordinance respecting Insane Persons. rPHE Lieutenant Governor by and with the advice and con- -*- sent of the Legislative Assembly of the Territories enacts as follows: Issue ot I When an information is laid before a justice of the peace warrantor! , , iiii'Txl' information that any person is or is suspected and believed to be insane such justice may issue his warrant in form A in the schedule hereto to apprehend such person and cause him to be brought before him or some other justice of the peace. CO., c. 90, s. 1. Evidence to 2. Upou the person charged as aforesaid being brought before such justice the said justice shall proceed to hear such evidence under oath as may be adduced with reference — (a) To the alleged insanity of the person so brought before him, adjourning the inquiry from time to time as may be necessary for the purpose and remanding him meanwhile to gaol or other safe custody; (b) To his residence for at least the six months previous to the inquiry; (c) To his calling or profession; (d) To his means of support; (e) To the fact of his being married or unmarried; also (/) As to whether or not the said person if committed under the provisions of this Ordinance will be sent back to his former residence and at whose cost. CO., c. 90, s. 2. committaiif 3. If aftcr hearing the evidence adduced the justice of the peace is satisfied the person so brought before him is insane such justice shall commit him by warrant in form B in the schedule hereto to a goal [or other safe custody] there to remain until the pleasure of the Lieutenant Governor is known or until the said person is discharged by law and shall forthwith make a report of the case ' accompanied with the information and evidence taken, to the attorney general, who shall have power if he sees fit to order further inquiries to be made. CO., c. 90, s. 3; 1899, c. 24, ss. 1 and 2. 1032 Sched. INSANE PERSONS Cap. 90 4. In case it appears to such justice that such person is not °;^^^™^^=j insane the justice shall discharge him. CO., c. 90, s. 4. 5. The justice of the peace acting under the provisions ofP°werto this Ordinance shall have the like authority for compelling the witieUes attendance of witnesses as such justice would have under any law or statute in force respecting summary convictions and shall be entitled to the same fees. CO., c. 90, s. 5. SCHEDULE. FORM A. Canada: ^ To all or any of the constables or North-West Territories, r other peace officers of the said ^ Territories. Whereas - information upon oath hath this day been laid before the undersigned, a justice of the peace in and for the said Territories, that A. B. {or a certain male or female person whose name is unknown) is insane; These are therefore to command you to apprehend the said and bring him {or her) before me or some other justice of the peace in and for the said Territories in order that inquiry may be made respecting the sanity of the said and that he {or she) may be further dealt with according to law. Given under my hand and seal this day of A D 1 at in the said Territories. A.B., J.P. [L.S.] FORM B. Canada: i To all or any of the constables or North-West Territories, j other peace officers in the said Territories and to the North-West Mounted Police force at {or the keeper of the common gaol at ) '■ Whereas information was laid before me {or as the case may be) a justice of the peace in and for the said Territories, on the oath of , that A.B. {or as in the information) was insane: 1033 Cap. 90 INSANE PERSONS Sched. And whereas inquiry has been made by me respecting the sanity of the said ; And whereas I have found and adjudged the said to be insane; These are therefore to command you the said constables or other peace officers or any of you to take the said and safely convey to the North-West Mounted Police {or to the keeper of the common gaol) at and to deliver to the police aforesaid {or to the said keeper) together with this precept; and I do hereby command the said police force {or the keeper of the said gaol) to receive the said into custody and safely keep until the pleasure of the Lieutenant Governor be known or until the said shall be discharged by law. Given under my hand and seal this day of A.D. 1 , at in the North- West Territories. A.B., J.P. [L.S.] 1034 CHAPTER 91. An Ordinance to Prevent the Profanation of the Lord's Day. T^HE Lieutenant Governor by and with the advice and con- -*- sent of the Legislative Assembly of the Territories enacts as follows: 1. No merchant, tradesman, artificer, mechanic, workman, Prohibition of labourer or other person whatsoever shall on the Lord's day |'a"bou7on''" sell or publicly show forth or expose or offer for sale or purchase ^""^^^ any goods, chattels or other personal property or any real estate whatsoever, or do or exercise any worldly labour, busi- ness or trade of his ordinary calling; travelling or conveying ^^^ ^,^_^^ travellers or Her Majesty's mails, selling drugs and medicines and other works of necessity and works of charity only excepted. CO., c. 91, s. 1. 3. No person on that day shall play at billiards or pool in Games and any public room or run races on horseback or in vehicles of any p^,hibitld"' sort or discharge fire arms or engage in any game or games in any public place, or engage in hunting or in puisuit of game; except that any traveller, family or other person in a state of actual want may engage in hunting or kill game to satisfy his or their immediate wants. CO., c. 91, s. 2. 3. All sales and purchases and all contracts and agreements contacts for sale or purchase of any real or personal property whatsoever sunday"to made by any person or persons on the Lord's day shall be utterly null and void. CO., c. 91, s. 3. 4. Any person violating any of the provisions of this Ordi- P"»'t> nance shall be guilty of an offence and upon summary conviction thereof be liable to a fine not exceeding $100 and costs of prose- cution. CO., c. 91, s. 4. 1035 CHAll'TER 92. An Ordinance respecting the Use of Tobacco by Minors. HTHE Lieutenant Governor by and with the advice and con- -^ sent of the Legislative Assembly of the Territories enacts as follows: Sale of tobacco to minors under sixteen years of a^e prohibited 1. Any person who either directly or indirectly sells or gives or furnishes to a minor under sixteen years of age cigarettes, cigars or tobacco in any form shall be guilty of an offence and liable on summary conviction thereof to a penalty of not less than $1 or more than f 10 with or without costs of prosecution, or to imprisonment with" or without hard labour for any term not exceeding ten days, or to both fine with or without costs and imprisonment to the said amount and for the said term in the discretion of the convicting magistrate; and in case of a fine or a fine and costs being awarded and of the same not being upon conviction forthwith paid the justice may commit the offender to the common gaol there to be imprisoned for any term not exceeding ten days unless the fine and costs are sooner paid. CO., c. 92, s. 1. Exception written request oi parents, etc. Presumption oi age 2. This Ordinance shall not apply to a sale to the minor under a written request or order of his parent, lawful guardian or employer. CO., c. 92, s. 2. 3. A person who shaU appear to the magistrate to be under sixteen years of age shall be presumed to be under that age unless it is shown by evidence that he is in fact over that age. CO., c. 92, s. 3. Penalty for procuring' tobacco by minor Limitation of Ordinance 4. Any person except as provided in section 2 of this Ordi- nance to whom the sale of tobacco has been prohibited under section 1 of this Ordinance who either directly or indirectly in any way procures or permits the sale, disposal, gift or delivery to him by any person of any cigarettes, cigars or tobacco in any form shall be guilty of an offence and liable on summary con- viction thereof to a fine not exceeding $2 and in default of payment to imprisonment for a period not exceeding one month. CO., c. 92, s. 4. 5. The provisions of this Ordinance shall only apply to municipahties and villages. CO., c. 92, s. 5. 1036 CHAPTER 93. An Ordinance respecting the General Trust Corpor- ation of Canada. mHE Lieutenant Governor by and with the advice and con- -^ sent of the Legislative Assembly of the Territories enacts as follows : 1. The Supreme Court of the North- West Territories orj^*^^^^^"* any judge thereof having power to appoint such an officer corporation may with the consent of the General Trust Corporation ofTn^tmsted Canada (hereinafter called the corporation) appoint the said corporation to exercise any of the offices of executor, adminis- trator, trustee, receiver, assignee, liquidator, sequestrator, cura- tor, guardian of a minor, or committee of a lunatic, or to perform any of the duties appertaining to any such offices in respect of any estate, matter or proceeding under the authority of such court or judge. CO., c. 93, s. 1. 3. Notwithstanding any rule of practice or any provisions Security of any Ordinance requiring security, it shall not be necessary """"""'''"*' for the said corporation to give any security for the due per- formance of its duty in any of the said offices; but in lieu thereof Account of such court or judge, if it or he deems necessary, may f rom ^^™"'^'"'^''°" time to time require the corporation to render an account of''™dered its administration of the particular trust or office to which it has been so appointed and may from time to time appoint a suitable person to investigate the affairs and management of the corporation as to the security afforded to those by or for whom its engagements are held; and such person shall report thereon to such court or judge and the expenses of such investi- gation shall be borne as may be ordered by such court or judge. CO., c. 93, s. 2. 3. The Lieutenant Governor in Council may revoke the Lje>.^t^=nant^ privilege dispensing with security as mentioned in section 2 of coundi may this Ordinance and the said court shall not, nor shall any judge sSurUy thereof, after notice of such revocation appoint the corporation to any of the said offices unless it gives the like security for the due performance of its duty as would be required from a private person. CO., c. 93, s. 3. 4. The liability of the corporation to persons interested inLiabiutyof an estate or property held by the said corporation in any such ^''p""""" office as aforesaid shall be the same as if the estate or property had been held by any private person in such capacity respec- tively and its powers shall be the same. CO., c. 93, s. 4. 1037 Cap. 93 GENERAL TRUST CORPORATION s. 5 Money held by court may be deposited with corporation 5. The said court or any judge thereof may by order made with the consent of the said corporation direct that any money held by such court or under its control be deposited with the said corporation, upon such terms as to the payment of interest thereon and otherwise as may be provided in and by such order; and in such event the corporation may invest the same in any of the securities mentioned in such order or as are speci- fied in section 5 of its act of incorporation but in no others; and the provisions of sections 6 and 7 of the said act shall apply to this Ordinance. C.O.,c. 93, s. 5. Exercise of powers of corporation in Territories 6. The said corporation may validly exercise within the Territories all or any of the powers mentioned in its said act of incorporation or any amendment thereof subject to the obhgations therein provided. CO., c. 93, s. 6. 10H8 CHAPTER 94. An Ordinance to declare and amend the Law of Partnership. (Chapter 7 of 1899.) THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : SHORT TITLE. 1. This Ordinance may be cited as " The Partnership Ordinance short mie 1899." INTERPRETATION. 2. In this Ordinance unless the context otherwise requires— interpretati. 1. The expression "business" includes every trade, occupation Business or profession; 2. "Court" shall mean the Supreme Court of the North-West coun Territories, and any judge of the court may at any time, whether Jhamt", sitting in chambers or in court, exercise all the powers conferred by this Ordinance upon the court. PARTNERSHIPS GENERALLY. Nature of Partnership. 3. Partnership is the relation which subsists between persons Partnership carrying on a business in common with a view of profit. ^^^"^"^ (2) The relation between members of any company or association who constitute a body corporate under any law in force in the Territories is not a partnership within the meaning of this Ordinance. 4. In determining whether a partnership does or does not R'i'es fpi^, exist; regard shall be had to the following rules: existence of partnership 1. Joint tenancy, tenancy in common, joint property, common property, or part ownership does not of itself create a partner- ship as to anything so held or owned, whether the tenants or owners do or do not share any profits made by the use thereof; 2. The sharing of gross returns does not of itself create a partnership, whether the persons sharing such returns have or 1039 Cap. 94 PARTNERSHIP s. 4 (2) have not a joint or common right or interest in any property from which or from the use of which the returns are derived; 3. The receipt by a person of a share of the profits of a business is prtTna facie evidence that he is a partner in the business, but the receipt of such a share, or of a payment contingent on or varying with the profits of the business, does not of itself make him a partner in the business; and in particular — (a) The receipt by a person of a debt or other liquidated amount by instalments or otherwise out of the accruing profits of a business does not of itself make him a partner in the business or liable as such; (6) A contract for the remuneration of a servant or agent of a person engaged in a business by a share of the profits of the business does not of itself make the servant or agent a partner in the business or liable as such; (c) A person being the widow or child of a deceased partner, and receiving by way of annuity a portion of the profits made in the business in which the deceased person was a partner, is not by reason only of such receipt a partner in the business or liable as such; (d) The advance of money by way of loan to a person engaged or about to engage in any business on a contract with that person that the lender shall receive a rate of interest varying with the profits, or shall receive a share of the profits arising from carrying on the business, does not of itself make the lender a partner with the person or persons carrying on the business or liable as such, provided that the contract is in writing, and signed by or on behalf of all the parties thereto; (e) A person receiving by way of annuity or otherwise a portion of the profits of a business in consideration of the sale by him of the goodwill of the business is not by reason only of such receipt a partner in the business or liable as such. In case of assig^nment for benefit of creditors, etc., postponement of rights of person lending^ or selling in consideration of share ot profits 5. In the event of any person to whom money has been advanced by way of loan upon such a contract as is mentioned in the last foregoing section, or of any buyer of a goodwill in consideration of a share of the profits of the business, making an assignment for the benefit of his creditors, entering into an arrangement to pay his creditors less than one hundred cents in the dollar, or dying in insolvent circumstances, the lender of the loan shall not be entitled to recover anything in respect of his loan, and the seller of the goodwill shall not be entitled to recover anjrthing in respect of the share of profits contracted for, until the claims of the other creditors of the borrower or buyer for valuable consideration in money or money's worth have been satisfied. 1040 s. 12 PARTNERSHIP Cap. 94 3 6. Persons who have entered into partnership with one ^^^^.^v"^^ of another are for the purposes of this Ordinance called collectively "fi™ name" a firm, and the name under which their business is carried on is called the firm name. Relations of partners to persons dealing with them. 7. Every partner is an agent of the firm and his other partners P""er of for the purpose of the business of the partnership; and the bfnd'the fim, ^ acts of every partner who does any act for carrying on in the usual way business of the kind carried on by the firm of which he is a member, bind the firm and his partners, unless the. partner so acting has in fact no authority to act for the firm in the particular matter, and the person with whom he is dealing either knows that he has no authority, or does not know or believe him to be a partner. 8. An act or instrument relating to the business of the firm partners and done or executed in the firm name, or in any other manner ^°"b/haft '"^'^ showing an intention to bind the firm, by any person thereto of fi"" authorised, whether a partner or not, is binding on the firm and all the partners: Provided that this section shall not affect any general rule of law relating to the execution of deeds, instruments or documents affecting land, or negotiable instruments. 9. Where one partner pledges the credit of the firm for a I'artncr using \ ^° i-iif?j 1* credit or nrm purpose apparently not connected with the nrm s ordmary for private course of business, the firm is not bound, unless he is in f act '""'''"^" specially authorised by the other partner or partners; but this section does not affect any personal liability incurred by an individual partner. 10. If it has been agreed between the partners that any Effect ot *^ - p p notice that restriction shall be placed on the power ot any one or more ot fi™ wm not them to bind the firm, no act done in contravention of the ^^ts Tpartner agreement is bindmg on the firm with respect of persons having notice of the agreement. 11. Every partner in a firm is liable jointly with the other L^wity of partners, for all debts and obligations of the firm incurred ' while he is a partner; and after his death his estate is also severally liable, in a due course of administration, for such debts and obligations, so far as they remain unsatisfied but subject to the prior payment of his separate debts. 13. Where, by any wrongful act or omission of any partner uabi^^ acting in the ordinary course of the business of the firm, or wrongs with the authority of his co-partners, loss or injury is caused to any person not being a partner in the firm, or any penalty is incurred, the firm is liable therefore to the same extent as the partner so acting or omitting to act. PP 1041 ility of firm for Cap. 94 PARTNERSHIP s. 13 Misappli- cation oi monej' or property received for or in custody of firm Liability for wrongs, joint and several Improper employment of trust property for partnership purposes 13. In the following cases, namely — (a) Where one partner acting within the scope of his apparent authority receives the money or property of a third person and misapplies it; and (b) Where a firm in the course of its business receives money or property of a third person, and the money or property so received is misapplied by one or more of the partners while it is in the custody of the firm, the firm is liable to make good the loss. 14. Every partner is liable jointly with his co-partners and also severally for everything for which the firm while he is a partner therein becomes liable under either of the two last preceding sections. 15. If a partner, being a trustee, improperly employs trust property in the business or on the account of the partnership, no other partner is liable for the trust property to the persons beneficially interested therein: Provided as follows : 1. This section shall not affect any liability incurred by any partner by reason of his having notice of a breach of trust ; and 2. Nothing in this section shall prevent trust money from being followed and recovered from the firm if still in its posses- sion or vmder its control. Persons liable by "holding out" 16. Every one who by words spoken or written or by conduct represents himself, or who knowingly suffers himself to be represented, as a partner in a particular firm, is liable as a partner to any one who has on the faith of any such represen- tation given credit to the firm, whether the representation has or has not been made or communicated to the person so giving credit by or with the knowledge of the apparent partner making the representation or suffering it to be made. (2) Provided that where after a partner's death the partner" ship business is continued in the old firm name, the continued use of that name or of the deceased partner's name as part thereof shall not itself make his executors or administrators, estate or effects liable for any partnership debts contracted after his death. Admissions and repre- sentations of partners 17. An admission or representation made by any partner concerning the partnership affairs, and in the ordinary course of its business, is evidence against the firm. Notice to actings partner to be notice to firm 18. Notice to any partner who habitually acts in the partnership business, of any matter relating to partnership affairs operates as notice to the firm, except in the case of a fraud on the firm committed by or with the consent of that partner. 1042 s. 22 (3) PARTNERSHIP Cap. 94 I 19. A person who is admitted as a partner into an existing Liability of inconiiiiGr «ina firm does not thereby become liable to the creditors of the firm outgoing: for anything done before he became a partner. partners (2) A partner who retires from a firm does not thereby cease to be liable for partnership debts or obligations incurred before his retirement. (3) A retiring partner may be dischargetl from any existing liabilities, by an agreement to that effect between himself and the members of the firm as newly constituted and the creditors, and this agreement may be either expressed or inferred as a fact from the course of dealing between the creditors and the firm as newly constituted. 30. A continuing . guaranty given either to a firm or to a Revoc-nion ot third person in respect of the transactions of a firm is, in the gu'aranty1)y absence of agreement to the contrary, revolied as to future*""^"'"*''''" transactions by any change in the constitution of the firm to which, or of the firm in respect of the transactions of which the guaranty was given. Relations of partners to one another. 31. The mutual rights and duties of parties, whether ascer- vanation^hy tained by agreement or defined by this Ordinance, may be terms of , -. /. n 1 11 _L partnership varied by the. consent of all the partners, and such consent may be either expressed or inferred from a course of dealing. 33. All property and rights and interests in property originally ^^^^'^^^^^'p brought into the partnership stock or' acquired, whether by purchase or otherwise, on account of the firm, or for the purposes and in the course of the partnership business, are called in this Ordinance partnership property and must be held and applied by the partners exclusively for the purposes of the partnership and in accordance with the partnership agreement. (2) Provided that the legal estate or interest in any land which belongs to the partnership shall devolve according to the nature and tenure thereof, and the general rules of law thereto applicable, but in trust, so far as necessary, for the persons beneficially interested in the land under this section. (3) Where co-owners of an estate or interest in any land not being itself partnership property, are partners as to profits made by the use of that land or estate, and purchase other land or estate out of the profits, to be used in hke manner, the land or estate so purchased belongs to them, in the absence of an agreement to the contrary, not as partners, but as co-owners for the same respective estates and interests as are held by them in the land or estate first mentioned at the date of the purchase. 1043 Cap. 94 I^ARTNERSHIP s. 23 Property 23. Uiiless thc coutrary intention appears, property bought part^ierJiip' with Hioney belonging to the firm is deemed to have been ""'"'■ bought on account of the firm. Land held as partnership property to be treated as personal estate 34. Where land or any interest therein has become partner- ship property, it shall, unless the contrary intention appears, be treated as between the partners (including the representa- tives of a deceased partner), as personal or movable and not real estate. Procedure against partnership property for a partner's separate judgment debt 35. After the commencement of this Ordinance a writ of execution shall not issue against any partnership property except on a judgment against the firm. (2) The court, or a judge thereof, may, in chambers, on application by summons by any judgment creditor of a partner, make an order charging that partner's interest in the partnership property and profits with payment of the amount of the judgment debt and interest thereon, and may by the same or a subsequent order appoint a receiver of that partner's share of profits (whether already declared or accruing), and of any other money which may be coming to him in respect of the partnership, and direct all account and inquiries, and gire all other orders and directions which might have been directed or given if the charge had been made in favour of the judgment creditor by the partner or which the circumstances of the case may require. (3) The other jjanner or partners shall be at liberty at any time to redeem the interest charged, or in case of a sale being directed, to purchase the same. i^teresuind ^6. Thc iutcrest of partners in the partnership property parin^e^s ^'^'^^ *^®^^ rlghts autl dutlcs in relation to the partnership shall ^"bjectto be determined, subject to any agreement express or implied agreement betwBcu the partncrs, by the following rules: 1 . All the partners are entitled to share equally in the capital and profits of the business, and must contribute equally towards the losses, whether of capital or otherwise, sustained by the firm; 2. The firm must indemnify every partner in respect of payments made and personal liabilities incurred by him- (a) In the ordinary and proper conduct of the business of the firm; or, {b) In or about anything necessarily done for the preser- vation of the business or property of the firm; 3. A partner making, for the purpose of the partnership, any actual payment or advance beyond the amount of capital which he has agreed to subscribe, is entitled to interest from the date of the payment or advance; 1044 s. 31 PARTNERSHIP Cap. 94 7 4. A partner is not entitled, before the ascertainment of profits, to interest on the capital subscribed by him; 5. Every partner may take part in the management of the partnership business ; 6. No partner shall be entitled to remuneration . for acting in the partnership business; 7. No person may be introduced as a partner without the consent of all existing partners; 8. Anj' difference arising as to ordinary matters connected with the partnership business may be decided by a majority of the partners, but no change may be made in the nature of the partnership business without the consent of all existing partners; 9. The partnership books are to be kept at the place of business of the . partnership (or the principal place, if there is more than one), and every partner may, when he thinks fit, have access to and inspect and copy any of them. 37. No majority of the partners can expel any partner Expulsion of unless a power to do so has been conferred by express agree- ment between the partners. 38. Where no fixed term has been agreed upon for the Retirement duration of the partnership, or if a partnership is continued pTrtliership after a fixed term has expired, any partner may determine the '■" '^'" partnership at any time on giving notice of his intention so to do to all the other partners. (2) Where the partnership has originally been constituted by deed, a notice in writing, signed by the partner giving it, shall be sufficient for this purpose. 39. Where a partnership entered into for a fixed term isWhere^^^.^ continued after the term has expired and without any express fo;f.e-^ new agreement, the rights and duties of the partners remam over._^^^_^^^ the same as they were at the expiration of the term so far as on^oid^t^en„i. is consistent with the incidents of a partnership at will. ''"'""'^ (2) A continuance of the business by the partners or such of them as habitually acted therein during the term, without any settlement or liquidation of the partnership affairs, is presumed to be a continuance of the partnership. 30. Partners are bound to render true accounts and fullPart-"'- information of all things affecting the partnership to any partner account., etc. or his legal representatives. 31. Every partner must account to the firm for any benefit Accoun^ta- derived bv him without the consent of the other partners from partners tor \j.vxiv»^vA KJj AAAAij. ».*i' ,,^„ private profits any transaction concernmg the partnership, or from any use by him of the partnership property, name or business connection. ' 1045 Cap. 94 PARTNERSHIP 31(2) Partner competing^ with firm to account, etc. Rights of assignee of share in partnership (2) This section applies also to transactions undertaken after a partnership has been dissolved by the death of a partner, and before the affairs thereof have been completely wound up either by any surviving partner or by the representatives of the deceased partner. 33. If a partner, without the consent of the other partners, carries on any business of the same nature as and competing with that of the firm, he must account for and pay over to the firm all profits made by him in that business. 33. An assignment by any partner of his share in the part- nership, either absolute or by way of mortgage, incumbrance or redeemable charge, does not, as against the other partners, entitle the assignee, during the continuance of the partnership, to interfere in the management or administration of the partner- ship business or affairs, or to require any accounts of the partnership transactions, or to inspect the partnership books, but entitles the assignee only to receive the share of profits to which the assigning partner would otherwise be entitled, and the assignee must accept the account of profits agreed to by the partners. (2) In case of a dissolution of the partnership, whether as respects all the partners or as respects the assigning partner, the assignee is entitled to receive the share of the partnership assets to which the assigning partner is entitled as between himself and the other partners, and, for the purpose of ascer- taining that share, to an account as from the date of the disso- lution. (3) In this section "assignee" shall include "mortgagee" or "incumbrancee." Dissolution by expiration ot notice Dissolution of partnership, and its consequences. 34. Subject to any agreement between the partners, a partnership is dissolved — (a) If entered into for a fixed term, by the expiration of that term; (b) If entered into for a single adventure or undertaking by the termination of that adventure or undertaking; (c) If entered into for an undefined time, by any partner giving notice to the other or others of his intention to dissolve the partnership. In the last mentioned case the partnership is dissolved as from the date mentioned in the notice as the date of dissolution, or, if no date is so mentioned, as from the date of the communi- cation of the notice. Dissolution by death, assignment 35. Subject to any agreement between the partners, every partnership is dissolved as regards all the partners by tho death 1046 s. 38 (2) PARTNERSHIP Cap. 94 t of any partner, or by his assignment of his property in trust |j_;j™|'°'' for the benefit of his creditors. (2) A partnership may, at the option of the other partners, be dissolved if any partner suffers his share of the partnership property to be charged under this Ordinance for his separate debt. 36. A partnership is in every case dissolved by the happening D^>''i°{[j''oj|'^>' of any event which makes it unlawful for the business of the partnership firm to be carried on or for the members of the firm to carry it on in partnership. 37. On application by a partner the court may decree a S'l court"" "" dissolution of the partnership in any of the following cases : (a) When a partner is shown to the satisfaction of the court to be of permanently unsound mind, in which case the application may be made as well on behalf of that partner by his guardian or next friend or person having title to intervene or by any other partner; (b) When a partner other than the partner suing becomes in any other way permanently incapable of performing his part of the partnership contract; (c) When a partner, other than the partner suing, has been guilty of such conduct as, in the opinion of the court, regard being had to the nature of the business, is calculated to prejudicially afTect the carrying on of the business; (d) When a partner, other than the partner suing, wilfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable for the other partner or partners to carry on the business in partnership with him; (e) When the business of the partnership can only be carried on at a loss; (/) Whenever in any case circumstances have arisen which, in the opinion of the court, render it just and equitable that the partnership be dissolved. 38. Where a person deals with a firm after a change in its Right^s^ot constitution he is entitled to treat all apparent members of the Sng with old firm as still being members of the firm until he has notice f^^^?f„=i'"^' » , , members of or the change. firm (2) The filing of a declaration under section 12 of chapter 45 of The Consolidated Ordinances 1898 and the publication of the same in at least two consecutive issues of the gazette, shall be notice of dissolution as to persons who had not dealmgs with the firm before the date of filing such declaration and publication. 1047 10 Cap. 94 PARTNERSHIP s. 38 (3) (3) The estate of a partner who dies or who assigns for the benefit of his creditors, or of a partner who, not having been known to the person deahng with the firm to be a partner, retires from the firm, is not hable for partnership debts con- tracted after the date of the death, assignment or retirement respectively. Rights of 39. On the dissolution of a partnership or retirement of a partner to give i t i • !_• e J_^ i notice ot partner any partner may publicly give notice ot the same, and may require the other partner or partners to concur for that purpose in all necessary or proper acts, if any, which cannot be done without his or their concurrence. dissolution Continuing authority of partners for purposes ot winding up 40. After the dissolution of a partnership the authority of each partner to bind the firm, and the other rights and obligations of the partners, continue notwithstanding the dissolution so far as may be necessary to wind up the affairs of the partnership, and to complete transactions begun but unfinished at the time of the dissolution, but not otherwise. Rights of partners as to application of partnership property App of preiniiun when partnership prematurely dissolved 41. On the dissolution of a partnership every partner is entitled, as against the other partners in the firm, and all persons claiming through them in respect of their interests as partners, to have the property of the partnership applied in payment of the debts and liabilities of the firm, and to have the surplus assets after such payment applied in payment of what may be due to the partners respectively after deducting what may be due from them as partners to the firm; and for that purpose any partner or his representatives may on the termination of the partnership apply to the court to wind up the business and affairs of the firm. 43. AVhere one partner has paid a premium to another on entering into a partnership for a fixed term, and the partner- ship is dissolved before the expiration of that term otherwise than by the death of a partner, the court may order the repay- ment of the premium, or of such part thereof as it thinks just, having regard to the terms of the partnership contract and to the length of time during which the partnership has continued; unless (a) The dissolution is, in the judgment of the court, wholly or chiefly due to misconduct of the partner who paid the premium; or (6.) The partnership has been dissolved by an agreement containing no provision for a return of any part of the premium. Rights when partnership dissolved tor fraud or mis- representation 43. Where a partnership contract is rescinded on the ground of the fraud or misrepresentation of one of the parties thereto, the party entitled to rescind is, without prejudice to any other right, entitled — 1048 s- 46 (2) PARTNERSHIP Cap. 94 11 (a) To a lien on, or right of retention of, the surplus of the partnership assets, after satisfying the partnership liabilities, for any sum of money paid by him for the purchase of a share in the partnership and for any capital contributed by him; and is (b) To stand in the place of the creditors of the firm for any payments made by him in respect of the partner- . ship liabilities; and (c) To be indemnified by the person guilty of the fraud or making the representation, against all the debts and liabilities of the firm. 44. Where any member of a firm has died or otherwise Rights of ceased to be a partner, and the surviving or continuing partners pa'fnirfn carry on the business of the firm with its capital or assets tolhareTrofit^ without any final settlement of accounts as between the firm ?'"'V\'-'''' 1 . , . - . dissolution and the outgomg partner or his estate, then, m the absence of any agreement to the contrary, the outgoing partner or his estate is entitled at the option of himself or his representatives to such share of the profits made since the dissolution as the court may find to be attributable to the use of his share of the partnership assets, or to interest on the amount of his share of the partnership assets. (2) Provided that where by the partnership contract an option is given to surviving or continuing partners to purchase the interest of a deceased or outgoing partner, and that option is duly exercised, the estate of the deceased partner, or the outgoing partner or his estate as the case may be, is not entitled to any further or other share or profits; but if any partner assuming to act in exercise of the option does not in all material respects comply with the terms thereof, he is liable to account uncler the foregoing provisions of this section. 45. Subject to any agreement between the partners, the Rf^'j^^'^e >"• amount due from surviving or continuing partners to an out- partners shar.- going partner or the representatives of a deceased partner in " respect of the outgoing or deceased partner's share is a debt accruing at the date of the dissolution or death. 46. In settling accounts between the partners after a dis- R^Jes^fo,-^^^ ^^ solution of partnership, the following rules shall, subject to a|setB^on final any agreement, be observed: of accounts 1. Losses, including losses and deficiencies of capital, shall be paid first out of profits, next out of capital, and lastly, if necessary, by the partners individually in the proportion in which they were entitled to share profits; 2. The assets of the firm including the sums, if any, contributed by the partners to make up losses or deficiencies of capital, shall be applied in the following manner and order: 1049 12 Cap. 94 PARTNERSHIP 46 (a) (a) In paying the debts and liabilities of the firm to persons who are not partners therein; (b) In paying to each partner ratably what is due from the firm to him for advances as distinguished from capital; (c) In paying to each partner ratably what is due from the firm to him in respect of capital; (d) The ultimate residue, if any, shall be divided among the partners in the proportion in which profits are divisible. LIMITED PARTNERSHIPS. Limited 47. Limited partnerships for the transaction of any mer- m^Tbrtormcd cautilc, mechauical, manufacturing or other business within the Territories may be formed by two or more persons, upon the terms, with the rights and powers, and subject to the conditions and liabilities hereinafter mentioned. Of whom ^ 48. Such partnerships may consist of one or more persons o consi. ^^^ shall be called general partners, and of one or more persons who contribute in actual cash payments a specific sum as capital to the common stock, who shall be called special partners ^enei-aVand ^^- GfCneral partncFS shall be jointly and severally responsible special as general partners are by law, but a special partner shall not be liable for the debts of the partnership except in respect of the amounts by him contributed to the capital. General partners only hu'inTss^etc. business and sign for the partnership, and to bind the same. 50. The general partners only shall be authorised to transact Certificate to be signed Contents of 51. The persons desirous of forming such partnership shall make and severally .sign a certificate which shall contain — 1. The name or firm under which the partnership is to be conducted ; 2. The general nature of the business intended to be transacted ; 3. The names of all the general and special partners interested therein distinguishing which are general and which are special partners, and their usual places or residence ; 4. The amount of capital which each special partner has contributed ; 5. The period at which the partnership is to commence and the period at which it is to terminate. Former 53. Thc ccrtificatc shall be in the words or to the effect of form A given in thc schedule to this Ordinance and shall be 1050 s- 60 PARTNERSHIP Cap. 94 13 signed by the several persons forming the partnership, before a notary pubhc, who shall duly certify the same. 53. The certificate so signed and certified shall, when the where ,obe prmcipai place of busmess of the partnership is or is to be*""' situate withm the district of a deputy clerk of the Supreme u^'i'^V z.?*;'^-''' }^^ °*'^ °^ '"''^ d<5P^% ^'lerk, otherwise it shall be filed m the office of the clerk of said court for the judicial district in which such principal place of business is or IS to be situate, and the certificate shall be recorded by such "^'^ ''= '■'™'^''' clerk or deputy clerk at full length in a book to be kept for that purpose and open to public inspection. 54. For filing and recording each such certificate the clerk Fees tor fiii.^ or deputy clerk shall be entitled to receive the sum of twenty-""'''"""*" five cents, and shall also be entitled to receive from every person searching in the book where such certificate is so recorded the sum of ten cents for each such search. 55. No such partnership shall be deemed to have been Partnerships formed until a certificate has been made, certified, filed and eTrtifcat': ii" j " recorded as above directed; and if any false statement is made in such certificate, all the persons interested in the partnership shall be liable for all the engagements thereof as general partners. 56. Every renewal or continuance of a limited partnership Certific.-,tes of beyond the time originally fixed for its duration shall be certified, '^°"''""=""^= filed arid recorded in the maimer herein required for its original formation; and every such partnership otherwise renewed or continued shall be deemed a general partnership. 57. Every alteration made in the names of the partners, in what the nature of the business, or in the capital or shares thereof, bedefm"! '" or in any other matter specified in the original certificate, shall'''""'"'"''"" be deemed a dissolution of the partnership, and every such partnership in any manner carried on after any such alteration has been made, shall be deemed a general partnership, unless renewed as a special partnership, according to the provisions of the next preceding section. rm name 58. The business of a hmited partnership shall bo conducted f: under a firm name in which the names of the general partners or some one of them only shall be used; and if the name of a special partner is used in such firm name with his privity he shall be deemed a general partner. 59. Actions in relation to the business of the partnership Liability of may be brought and conducted by and against the general fartner partners in the same manner as if there were no special partner. ners to actions 60. No part of the sum which a special partner has con- Restrictions tributed to the capital shall be withdrawn by him or paid or "p^daf partnen 1051 14 Cap. 94 PARTNERSHIP S. 60 When special partner liable to refund transferred to him in the shape of dividends, profits or otherwise, at any time during the continuance of the partnership; but any partner may annually receive lawful interest on the sum so contributed by him, if the payment of such interest does not reduce the original amount of the capital; and if after the payment of such interest any profits remain to be divided, he may also receive his portion of such profits. 61. If it appears that by the payment of interest or profits to a special partner the original capital has been reduced, the partner receiving the same shall be bound to restore the amount necessary to make good his share of the deficient capital, with interest. Privileg^es oi special partners 63. A special partner may from time to time examine into the state and progress of the partnership concerns, and may advise as to their management, but he shall not transact any business on account of the partnership, nor be employed for that purpose as agent, attorney or otherwise; and if he interferes contrary to these provisions he shall be deemed a general partner. General g3. Thc gcueral partners shall be liable to account to each partners liable ii*i ci- to account othcr and to the special partners tor their management of the concern in like manner as other partners. Creditors 64. In casc of the insolvency of the partnership no special specSf" '" partner shall under any circumstances be allowed to claim as partners crcdltor uutll thc claiins of all the other creditors of the partner- ship have been satisfied. No preniatu dissolution without notice, etc. 65. No dissolution of a limited partnership by the acts of the parties shall take place previous to the time specified in the certificate of its formation or in the certificate of its renewal, until a notice of such dissolution has been filed in the office in which the original certificate was recorded, and has been published once in each week for three weeks in a newspaper published in the district where the partnership has its principal place of business and for the same time in The North-West Territories Gazette. 66. The provisions of the sections of this Ordinance numbered Limited partnersliip.s tos'pcciai'''^'"''' fi'O"^ ^ ^^ 46, both inclusive, shall as regards limited partner- pro^^^ions ghlps bc subjcct to thc special provisions herein contained regarding such partnerships. SUPPLEMENTAL. Saving tor 67. Thc iTilcs of cqulty and of common law applicable to .indrommon^ partnership shall continue in force except so far as they arc '■■*"■ inconsistent with the express orovisions of this Ordinance 1052 Sched. PARTNERSHIP Cap. 94 15 68. This Ordinance shall come into operation on the first Commencement day of July one thousand eight hundred and ninety-nine. SCHEDrLE. FORM A. Certificate of Partnership. We, the undersigned, do hereby certify that we have entered into co-partnership under the style or firm of (B.D. & Co.) as (Grocers and Commission Merchants), which firm consists of (a. B) residing usually at and (C D.) residing usually at as general partners; and (E. F.) residing usually at , and (G.H.) residing usually at as special partners, the said (E.F.) having contributed $ and the said (G.H.) $ , to the capital. The said partnership commenced on the day of 1 and terminates on the day of 1 Dated this dav of A.D. 1 (Signed) A.B. CD. E.F. G.H. Signed in the presence of me,^ L.M., Notary Public. J 1053 CHAPTER 95. An Ordinance respecting the Inspection of Stock. (Chapter 19 of 1899.) npiiE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. Short title i_ This Ordinance may be cited as "The Stoc\ Inspection Ordinance, 1899." INTERPRET ATIOX . intcrpretaiio.i 3, In thls Ordlnancc unless the context otherwise requires — 1. The expression "brand" means any letter, sign, character, or numeral recorded as allotted to any owner and the perma- nent impression of any letter, sign, character, or numeral placed upon stock under the provisions of chapter 76 of The Consolidated Ordinances 1898; 2. The expression "commissioner" means the commissioner of agriculture; 3. The expression "department" means the department of agriculture ; 4. The expression "inspector" includes deputy inspector; 5. The expression "stock" includes any horse, mare, gelding colt or filly, ass or mule and any bull, cow, ox, heifer, steer or calf. INSPECTORS AND DEPUTY INSPECTORS. Inspectors of 3. The commissiouer may from time to time appoint such stock persons as he may think fit to be inspectors of stock. Deputy 4. A.n inspector of stock may by writing under his hand inspectors or . ^ i i • stock appomt one or more persons to be deputy inspectors of stock, and the production of a writing purporting to be the appoint- ment of a deputy inspector shall be prima facie evidence of such appointment. have^'owers of ^" Iiispectors and deputy inspectors shall for the purposes constables of thls Ordinance have the powers of constables. INSPECTI(_)N BEFORE SHIPMENT. Stock to be Q ^Q person shall place any stock in a railway car unless 1054 s. 11 INSPECTION OF STOCK Cap. 95 2 such stock has first been inspected by an inspector of stock ["iP'--'^'^^. , and such inspector has issued a certificate in or to the effect of form A in the schedule hereto. 7. No such certificate shall be issued by any inspector unless |?^{f/;'^'^'= "^ the shipper of such stock produces to him a memorandum of possession of sale from the person who, from the brand or brands on such produced stock, appears to be the owner thereof or unless such person or his agent verbally consents to the granting of the certificate by the inspector. (2) The provisions of this section shall not apply to any shipper of cattle branded with the recorded brand of such shipper but such shipper shall before receiving the said certificate deliver to the inspector a memorandum signed by him or his agent setting forth the age, sex and brands of each animal. (3) In the case of unbranded cattle the shipper shall deliver to the inspector a memorandum setting forth the age, sex and description of each animal and stating from whom each animal was originally acquired by him or his agent. 8. In case any inspector has reason to believe that any conceiiation certificate of inspection issued by him was improperly issued of fnsp'ecUon or that the person to whom it was issued was not for any reason IL^uS'"'''' entitled to the same the inspector may demand the return to him of such certificate for cancellation and the person then holding the same shall thereupon return such certificate to the inspector. 9. The inspector before issuing a certificate as mentioned in cancellation of section 6 hereof shall (if the memorandum described in sub- "f'^'-''"'^""' section 1 of section ft hereof relates only to the stock then intended to be shipped, or if having applied to other stock has as to them already been cancelled) cancel and retain such memorandum ; if the memorandum relates to more animals than those about to be shipped and has not been previously cancelled the inspector shall cancel it as to the animals about to be shipped and return it to the person who produced it to him. 10. The inspector shall be entitled to a fee of five cents for inspection tee every animal inspected by him under this Ordinance and the said fee shall be paid to the inspector before any certificate of inspection is given by him. butcher's record, hides. 11. Every butcher shall keep a record of all cattle slaugh- b-;';'-- ;," tered by or for him, naming therein the person from whom of^-'tie^^^^ obtained and his place of residence, and the age, sex, brands (if any) and marks of all such cattle, which record shall be kept at the place of business of such butcher and shall at all times be open to inspection by any person. 1055 Cap. 95 INSPECTION OF STOCK s. 12 Hides to be kept 12. Every butcher shall keep the hides of all cattle slaugh- tered by or for him for a period of not less than thirty days and such hides shall be produced by him for the inspecton of any person on order of a justice of the peace or an inspector. Hides of animals slaughtered by others than butchers 13. Every person other than a butcher who slaughters any head of cattle shall preserve the hide of the same for a period of thirty days and shall produce the same for the inspection of any person on the order of a justice of the peace or an inspector : Provided always that such hide may at any time before the expiration of the said period be sold to any person required by this Ordinance to keep a record of hides purchased by him. Purchasers of 14. Evcry pcrsou shall keep a record of all hides of cattle niues to Kt'cn */ x i. record obtalucd by him, which record shall state — (a) The date of each such purchase; (b) The name and place of residence of the person from whom purchased; (c) All brands and marks on such hides., specifying dis- tinctly whether the brands are vented or not ; which record shall at all times be open to inspection by any person. Removal of 15. jv^q person other than the owner of such animal or his animals agcut shall rcmove the hide from the carcass of any cattle found dead. inspector's return. Inspector's return 16. Every inspector appointed under the provisions of this Ordinance shall on or before the fifteenth day of January in each year make a return to the commissioner setting forth the fees and emoluments received under this Ordinance for the year next preceding, and shall at all times furnish to the com- missioner on demand therefor any information he may require. Penalty for breacJi of Ordinance PENALTIES. 17. Any person contravening any of the provisions of this Ordinance shall be guilty of an offence and on summary conviction thereof shall he liable to a penalty not exceeding $100. MISCELLANEOU.S. Repeal 18. Sectloiis 15, 16, 17, 18 19, 20, 21, 22, 23 24, 25 and 26, of chapter 76 of The Consolidated Ordinances 1898 are hereby repealed. Date of effect 19. This Ordinance shall come into force on the first day of July, 1899. 1056 Sched. INSPECTION of stock Cap. 95 SCHEDULE. FORM A. The Stock Inspection Ordinance. A.D. 1 I have this day inspected for at head of stock described as follows : {Hfotr- state age, sex and brands of each animal.) Inspector of stock 1057 CHAPTER 96. An Ordinance respecting the Eemission of Certain Penalties. (Chapter 9 of 1900.) THE Lieutenant Governor by and with the advice and ■^ consent of the Legislative Assembly of the Territories enacts as follows: Lieutenant Governor may remit penalties. Statement to be submitted to Legislative Assembly 1. The Lieutenant Governor in Council shall have power at any time to remit any pecuniary penalty or forfeiture imposed by any Ordinance of the North- West Territories in whole or in part, unless the same is imposed hy- An Ordinance respecting the Legislative Assembly of the Territories or by some Ordinance respecting elections of members of the Legislative Assembly or is recoverable in respect of an offence committed in connection with an election of a member of the said Assembly. 2. A detailed statement of all remissions made under the authority of the last preceding section shall be submitted to the Legislative Assembly within the first fifteen days of the next ensuing session thereof. 1058 CHAl'TER 97. An Ordinance respecting Assignments for the General Benefit of Creditors. (Chapter 11 of 1900.) THE Lieutenant Governor by and with the advice and -*- consent of the Legislative Assembly of the Territories enacts as follows: 1. No assignment for the general benefit of creditors shall Assignment to be valid or effectual as a transfer, assignment or conveyance of resSent^of the property therein mentioned and described unless suchi^ft'Sct assignment is made to some person or persons residing in the judicial district within which the assignor resides or carries on business. 1059 CHAPTER 98. An Ordinance to Secure Compensation to Workmen. (Chapter 13 of 1900.) TIHE Lieutenant Governor by and with the advice and -*- consent of the Legislative Assembly of the Territories enacts as follows: Short title 1. This Ordinance may be known and cited as 'The Work- man's Compensation Ordinance." xcKiisence of g. It shall not bc a good defence in law to any action against tellow workman , , ^ , , *^ . "- no defence in an employer or the successor or legal representative of an cmp°o>e?"'"'" employer for damages for the injury or death of an employee of such employer that such injury or death resulted from the negligence of an employee engaged in a common employment with the injured employee any contract or agreement to the contrary notwithstanding. lOGO CHAl^TER 99. An Ordinance to legalize certain Municipal (xrants for Patriotic Purposes. (Chapter 24 of 1900.) "XTTHEREAS the councils of certain municipalities in the P'"'^''™''''-- '' Territories have at different times within the past year made grants of money to or in aid or for the benefit of Canadian troops departing for service in Her ^Majesty's war in South Africa or their families or otherwise in connection with the said war; And whereas doubts have arisen as to the power of the said councils to make such grants and the legality thereof; And whereas it is advisable to set such doubts at rest: Therefore the Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. All grants of money heretofore or hereafter made by the certai,, council of any municipality in the Territories for any loyal ?onfi'rme/™"''^ and patriotic purpose in connection with the war now being waged by Her Majesty in South Africa are hereby confirmed and declared to be valid and binding and within the powers of the said council. 1061 CHAPTER 100. An Ordinance for expediting the decision of Consti- tutional and other Legal Questions. (Chapter 11 of 1901.) rrHE Lieutenant Governor by and with the advice and -*- consent of the Legislative Assembly of the Territories enacts as follows: Mu*rtIuthoHzed ^' '^^^ Lieutenant Governor in Council may refer to the supreme court of the Territories for hearing or consideration any matter which he thinks fit to refer and the court shall thereupon hear or consider the same. Court to certify opinion 2. The court is to certify to the Lieutenant Governor in Council its opinion on the question referred with the reasons therefor which are to be given in like manner as in the case of a judgment in an ordinary action; and any judge who differs from the opinion of the majority may in like manner certify his opinion with his reasons therefor to the Lieutenant Governor in Council. Notice to Attorney General of Canada 3. In case the matter relates to the constitutional validity of any Ordinance which has heretofore been or shall hereafter be passed by the Legislative Assembly or of some provision in any such Ordinance the Attorney General of Canada shall be notified of the hearing in order that he may be heard if he sees fit. persons interested 4. The court shall have power to direct that any person interested or where there is a class of persons interested any one or more persons as representatives of such class shall be notified of the hearing and such persons shall be entitled to be heard. Appointment of council to argue case for unrepresented interests 5. Where any interest affected is not represented by counsel the court may in its discretion request counsel to argue the case in such interest and reasonable expenses thereof shall be paid out of the general revenue fund. ^^pp'=a' 6. The opinion of the court shall be deemed a judgment of the court antl an appeal shall lie therefrom as in the case of a judgment in an action. 1062 CHAPTER 101. An Ordinance respecting the Devolution of Estates. (Chapter 13 of 1901.) THE Lieutenant Governor by and with the advice and -^ consent of the Legislative Assembly of the Territories enacts as follows: 1. The property of any man hereafter dying intestate and widow entitled leaving a widow but no issue shall belong to such widow 'hifdren^ ' "" absolutely and exclusively provided that prior to his death such widow had not left him and lived in adultery after leaving him. (2) This section shall apply to the property of any person who died before the date of the coming into force of this Ordi- nance in case no portion of the estate of such person has been distributed. 3. The mother of any person hereafter dying intestate jj^j^er entitled without a wife, child or father shall be entitled to the whole 'f "/',';''''• ■=''■''' ' . or rather of the pi'operty oi such mtestate. 3. In the distribution of personal property of any woman illegitimate hereafter dying intestate her illegitimate children shall be ''"''''■"" ""''''"-■ entitled to the same rights as if they were legitimate. 4. When an illegitimate child hereafter dies intestate without jJJ^^'l^?^"'^ issue the mother of such child shall be entitled to any personal cwS "ouL- property which the said child was the owner of at the time of his death. 1063 CHAPTER 102. An Ordinance respecting Official Auditors. (Chapter 15 of 1901.) rpHE Lieutenant Governor by and with the advice and -*- consent of the Legislative Assembly of the Territories enacts as follows: Appointment 1. For the coiiiplete examination of the accounts of boards of school trustees, official trustees, village overseers, local improve- ment district overseers, boards of trustees of irrigation districts and such other accounts as the Lieutenant Governor in Coimcil or any member of the Executive Council is empowered by any Ordinance to inquire into the Lieutenant Governor in Council may appoint one or more official auditors. Duties 2. It shall be the duty of every official auditor to examine, check, audit and report upon all accounts which he is appointed to examine in the manner prescribed from time to time by the Lieutenant Governor in Council. F'-'^^s 3. Unless it is otherwise provided by Ordinance the Lieutenant Governor in Council shall fix the fees payable to official auditoi-s for any services performed by them. 1064 CHAt»TER 103. An Ordinance respecting Water, Gas, Electric and Telephone Companies. (Chapter 21 of 1901.) THE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. The provisions of this Ordinance shall apply to every Application company organised, incorporated or licensed under any Ordi- nance of the Territories for all or any of the purposes hereinafter set forth. CO., c. 61, s. 88. 2. No company shall be entitled to the benefit of this consent of Ordinance until it has obtained the consent of the municipal ToT'''^"''' corporation of the city or town within which the powers hereby ofFawfc'""" given are to be exercised by such company; such consent tOrrq"^;^,! be by bylaw and to be on such terms and conditions as the bylaw may provide or where the purposes of the company require the exercise of any of the said powers in any area without the limits of any city or town the consent of the Commissioner of Public Works to the exercise of such powers within such area shall also be first had and obtained. CO., c. 67, s. 89. 3. The company may sell and dispose of meters and gas, Powers of water, electric or telephone fittings of every description for the ™'"p='""=^ use of any private or public building or for any establishment, company or corporation whatsoever as well as coke, coal tar and all and every the products of their works, refuse or residuum arising or to be obtained from the materials used or necessary for the manufacture of gas or electricity; and every company may let out to hire meters and gas, water, electric or telephone fittings of every kind and description at such rate and rents as may be agreed upon between the consumers or tenants and the company. CO., c. 61, s. 90. 4. Any electric light company may lease to or enter into Disposal of any contract with any person or persons or body corporate qj. ""■■?"* p°"''='" politic for the use of any power, engines, wheels or machines mn by water, steam, gas or in any other manner erected by such company for the purpose of running or operating electric light plant to the end and intent that such machinery and power may be utilised and employed during the hours when the same is not required for the purpose of furnishing electric ight. 1065 Cap. 103 WATER, GAS AXD ELECTRIC COMPANIES s. 5 Lnying nii and wires i 5. Subject to the terais of the consent referred to in section 2 hereof the company may break up, dig and trench and use so much and so many of the streets, squares, highways, lanes and public places of the municipality for supplying which with gas or water or electricity or a telephone system or either of them the company has been incorporated as are necessary for laying the mains and pipes to conduct the gas or water or for placing the wires and connections to conduct the electricity from the works of the company to the consumers or users thereof or make connection with the telephone system doing no unneces- sary damage in the premises and taking care as far as may be to preserve a free and uninterrupted passage through the said streets, squares, highways, lanes and public places while the works are in progress. CO., c. 61, s. 91. Company's rights reg^arding: mains and pipes 6. When any company has laid down or erected mains, pipes, wires or conductors for the supply of gas, water, electricity or a telephone system 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 the company first had and obtained nor otherwise than on pay- ment to the company of such compensation as may be agreed upon lay down or erect any main, pipe, wire or conductor for the supply of gas, water, electricity or telephone system within six feet of the company's mains, pipes, wires or conductors or if it be impracticable to cut trenches for such other mains or pipes at a greater distance then as nearly six feet as the circumstances of the case, will admit. CO., c. 61, s. 92. Supplying parts ot buildings having different owners or tenants 7. AVhen there are buildings within the municipality the different parts whereof belong to different proprietors or are in possession of different tenants or lessees the company may carry pipes, wires or conductors to any part of any building so situate passing over the property of one or more proprietors or in the possession of one or more tenants to convey the gas, water or electricity or connect the telephone system to the property of or in the possession of another. CO., c. 61, s. 93. Breaking up passages, etc. Compensation Company not to take private property till compensation ascertained 8. The company may also break up and uphft all passages common to neighbouring proprietors or tenants and dig or cut trenches therein for the purpose of laying down pipes, wires or conductors or taking up or repairing the same doing as little damage as may be in the execution of the powers granted by this Ordinance. CO., c. 61, s. 94. 9. The company shall make satisfaction to the owners or proprietors of any building or other property or to the muni- cipality or Commissioner of Public Works as the case may be for all damages caused in or by the execution of all or any of the said powers. CO., c. 61, s. 95. 10. No company shall be entitled by virtue of this Ordinance to take possession or make use of private property or to do 1066 ion of works S. 17 WATER, GAS AND ELECTRIC COMPANIES Cap. 103 any work thereon until the amount to be paid for or in respect of such property is ascertained by arbitration or otherwise and is paid or tendered to the parties entitled thereto or is paid into court for their benefit. 11. The company shall locate and construct its gas or water Locat works or electric or telephone system and all apparatus and"""'''' appurtenances thereto belonging or appertaining or therewith connected and wheresoever situated so as not to endanger the public health or safety. CO., c. 61, s. 96. 12. Nothing contained in this Ordinance shall authorise Limitation., ot any company or any person acting under its authority to take, ^cZlZf use or injure for the purpose of the company any house or other building or any land used or set apart as a garden, orchard, yard, park, paddock, plantation, planted walk or avenue to a house or nursery ground for trees or to convey from the premises of any person any water already appropriated and necessary for his domestic uses without the consent in writing of the owner or owners thereof first had and obtained. CO., c. 61, s. 97. 13. Nothing in this Ordinance shall authorise any company Privileges of to interfere with or infringe upon any exclusive privilege granted °*^'' '""'^'""'^^ to any other company. CO., c. 91, s. 98. 14. Nothing in this Ordinance contained shall prevent any ind^^uai person from constructing any works for the supply of gas, "^ water or electricity or for a telephone system to or on his own premises. CO., c. 61, s. 99. 15. Neither the service nor the connecting pipes, wires orEi"="p.''°"_ conductors of the company nor any meters, lustres, lamps, a'niTsei'lure" pipes, gas or water or electric or telephone fittings nor any other property of any kind whatsoever of the company shall be subject to or liable for rent or liable to be seized or attached in any way by the possessor or owner of the premises wherein the same may be or be in any way whatsoever liable to any person for the debt of any person to and for whose use and the use of whose house or building the same may be supplied by the company notwithstanding the actual or apparent possession thereof by such person. CO., c. 61, s. 100. 16. When a company has constructed works for supplying company to any municipality or municipalities with gas, water, electricity buJdjngs in or telephones and the company is able so to do it shall be the on request duty of the company to supply all buildings situate upon land lying along the line of any supply pipe or wire upon the same being requested by the owner, occupant or other person in charge of any such building. 17. A company before supplying water, gas, electricity, or Company ma,-^ telephones to any building or as a condition to its continuing to from consumers 1067 Cap. 103 WATER, GAS AND ELECTRIC COMPANIES S. 17 supply the same may require any consumer to give reasonable security for the payment of the proper charges of the company therefor or for carrying the water, gas, electricity or telephone system into such building. Liability foi failure of 18. Nothing in the next preceding two sections contained aHl^tecr"' shall be construed so as in any way to affect the liability of any company in respect of damages on account of any failure of supply through mischance, accident or mismanagement but the position of the company in respect thereof shall remain as if the said two sections had not been passed. PROHIBITION AND PENALTIES. Nonpayment 19. If auy persou supplied by the company with gas, water, electricity or telephone neglects to pay the rent, rate or charge due to the company at any of the times fixed for the payment thereof the company or anyone acting under its authority on giving forty-eight hours' notice to the persons supplied may stop the supply of gas, water or electricity from entering or being supplied to or disconnect the telephone system from the premises of the person in arrear as aforesaid by cutting off the service pipe or pipes, wires or conductors or by such other means as the company or its officer sees fit; and may recover the rent or charge due up to such time together with the expense of cutting off the gas, water, electricity or telephone as the case may be in any competent court notwithstanding any contract to furnish for a longer time. CO., c. 61, s. 101. PENALTIES. 30. If any person — Penalties 1. Wllfully Or mallciously breaks up, pulls down or damages, injures, puts out of order or destroys any main, pipe, engine, waterhouse pipe, plug or other work, wire or conductor or apparatus, appurtenance or dependency thereof or any matter or thing made and provided for use in connection therewith or any of the materials used and provided for the same or ordered to be erected, laid down or belonging to any such company; or 2. In anywise wilfully does any other injury or damage for the purpose of obstructing, hindering or embarrassing the construction, completion, maintaining or repairing of the said works or causes or procures the same to be done; or 3. Bathes or washes or cleans any cloth, wool, leather, skin, animals or any nauseous or offensive thing or casts, throws or puts any filth, dirt or any nauseous thing in or causes, permits or suffers the water of any sink, sewer or drain to be run or be conveyed into or causes any other annoyance to be done to the water within any reservoir, cistern, pond, source or fountain, from which the water belonging to the company is to be supplied or conveyed; or 1068 S. 23 WATER, GAS AND ELECTUIC COMPANIES Cap. 103 4. Py any wrongful or improper means increases the supply of gas or water or electricity agreed for with the company; or 5. Wilfully or maliciously damages or causes or Ivnowingly suffers to be damaged any meter, lamp, lustre, wire, conductor, service pipe or fitting belonging to any such company or wilfully impairs or knowingly suffers the same to be altered or impaired so that the meter indicates less gas, water or electricity than actually passes through the same. Such person shall on summary conviction be liable to a penalty not exceeding $50. . 31. In all cases where the company may lawfully cut off Entry oi and take away the supply of gas, water or electricity or dis- employees w connect the telephone system from any house, building or '^'""''■'"''' premises the company, their agents or their workmen upon giving fortj'-eight hours' previous notice to the person in charge or the occupier may enter into the house, building or premises between the hours of nine o'clock in the forenoon and five o'clock in the afternoon making as little disturbance and incon- venience as possible and may remove and take away any pipe, meter, cock, branch, lamp, fitting or apparatus the property of and belonging to the company; and any servant duly authorised by the company may between the hours aforesaid enter any house into which gas, water, electricity or telephone system has been taken or supplied for the purpose of repairing and making good any such house, building or premises or for the purpose of examining any meter, pipe, wire, conductor, apparatus or fitting belonging to the company or used for its gas, water, electricity or telephone; and if any person refuses to permit or does not permit the servants and officers of the company to enter and perform the acts aforesaid the person so refusing or obstructing shall incur a penalty to the company for every such offence not exceeding $20 and a further penalty not exceeding $4 for every day during which such refusal or obstruction continues to be recovered with costs on summary conviction. CO., c. 61, s.l02. 32. \Vhere a customer discontinues the use of the gas o^ Removal of- water or electricity or telephone furnished or suppHetl by any „"e"rf '^en^c. company or the company lawfully refuses to continue any '"--"'""-J longer to supply the same the officers and servants of the company may at all reasonable times enter upon the premises in or upon which such customer was supplied with gas or water or electricity or telephone for the purpose of removing there- from any fitting, machine, apparatus, meter, pipe, wire, con- ductor or other thing being the property of the company m or upon such premises and may remove the same therefrom doing no unnecessary damage. CO., c. Gl, s. 102. 23. Subject to the provisions of section 12 hereof any company „he'rJpHvate deeming it necessarv or proper to conduct any of its pipes, p-p?;'j 1069 Cap. 103 WATER, GAS AND ELECTRIC COMPANIES S. 23 wires or conductors or to carry any of the works of the company through the lands of any person lying within or within ten miles of the municipality within which the operations of the company are to be carried on and the consent of such person cannot be obtained for that purpose the company shall proceed to arbitration under the provisions of The Arbitration Ordinance; such arbitration to be by two arbitrators one to be appointecl by each party. (2) The arbitrators shall determine the questions in dispute between the parties to the arbitration and shall decide as to the necessity or propriety of conducting any of the pipes, wires or conductors or carrying any of the works of the company through the lands of the other party to the arbitration if such party objects to the same being done and if such decision be in favour of the company or if no such objection is made shall adjudge what sum of money shall be paid to the owner of the property to be taken or used for the aforesaid purposes or any of them. CO., c. 61, ss. 104, 105, 106, 107. 1070 CHAPTER 104. An Ordinance respecting the exemption from taxation of Beet Sugar Factories. (Chapter 24 of 1901.) 'WHEREAS it is desirable to promote the settlement of vacant lands in the Territories and to induce immigration by encouraging the establishment of factories for the conversion of beets into sugar; Therefore the Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. No assessment shall be made or levied by any munici- 1'^"^^";''^*^"^;"' pality, town or village or other corporation possessing powers ^^'j;^.^. ^|.j^ of taxation or assessment that may be incorporated, established etc., hereafter or erected after the passing hereof upon any buildings, machi- lor'S'years' nery, pipes or conduits or works of any kind actually in use and required for or in connection with the crushing or reducing of beets or their conversion into sugar or other saccharine products until the expiration of twenty years from the date on which this Ordinance shall come into force. 3. Nothing in this Ordinance shall be construed as affecting Not to atrect or curtailing any power of assessment or taxation now possessed min^Spaiitit-. by any municipality, town or village or other corporation' incorporated, established or erected at the date of coming into force of this Ordinance. , etc. 1071 (CHAPTER 105. An Ordinance respecting Assessment and Taxation in School Districts. (Chapter 30 of 1901.) THE Lieutenant Governor by and with the advice and con- -*- sent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. Short title I 'pjjjg Ordinance may be cited as " Th^ School Assessment Ordinance." INTERPRETATION . Interpretation 3. In this Ordinancc unless the context otherwise requires — 1. All words, names and expressions except the expression " commissioner " shall have the same meaning as is expressly or impliedly attached to them by The School Ordinance; 2. The expressions " secretary " and " treasurer " shall in- clude " secretary-treasurer "; 3. The expressions " board," " assessor," " secretary " and "treasurer " shall include an official trustee appointed under the provisions of The School Ordinance; 4. The expression " commissioner " shall mean the Commis- sioner of Public Works of the Territories. ASSESSOR. Assessor 3. The assessment in any village or rural district may be, made by the board or any person appointed by it as assessor for the district. beTslessw'' (2) Any member of the board may be appointed assessor. Interpretation (3) Thc cxprcsslon " asscssor " in any part of this Ordinance relating to village or rural districts shall mean the board or the assessor accordingly as the assessment is made by the board or an assessor. ASSESSMENT IN RURAL DISTRICTS. Application of 4. Thc followlng sections numbers 5 to 24 inclusive shall sections ? to ii-+ , .... apply to rural districts only. Exemptions 5. Jn auy rural district the property exempt from assess- ment and taxation shall be — 1072 S- 9 SCHOOL ASSESSMENT Cap. 105 2 l._AU land held by or in trust for the use- of any tribe of Indians; 2. The land of the district and the land to the extent- of two acres of any other district used for school purposes; 3. The land to the extent of one acre held by or for the use' of any church and occupied by a building used for church purposes; 4. The land in use as a public cemetery not exceeding twenty- five acres; 5. The land used as the right of way for any irrigation canal or ditch. 6. As soon as may be in each year the assessor of the district Assessment roii shall assess every person the owner or occupant of land in the district and shall prepare an assessment roll in which shall be set out as accurately as may be — (a) Each_ lot or parcel of land owned or occupied in the district and the number of acres it contains; (b) The name of either the owner or occupant or both. 7. If the assessor does not know and cannot after reasoh- Assessment able inquiry ascertain the name of the owner of any unoccupied unknowT" lot or parcel of land in the district the same shall be deemed to be duly assessed if entered on the roll with a note stating that such owner is unknown. 8. In cases where separate school districts have been es- Separate tablished whenever land is held by two or more persons as asses°s'ment 'of joint tenants or tenants in common the holders of such property -'°'"' ""'""^ being Protestants and Roman Catholics they shall be assessed in proportion to their interest in the land in the district to which they respectively are ratepayers. CO., c. 75, s. 127. 9. A company may by notice in that behalf to be given to Separate the secretary of the board of any district in which a separate company may school has been established and to the secretary of the board of suppo^TeT ^^ such separate school district require any part of the land of which such company is the owner to be entered, rated and assessed for the purposes of said separate school and the proper assessor shall thereupon enter said company as a separate school ratepayer in the assessment roll in respect of the land especially designated in that behalf in or by said notice and so, much of the land as shall be so designated shall be assessed accordingly in the name of the company for the purposes of the separate school and not for public school purposes but all other land of the company shall be separately entered and assessed in the naine of the company as for pubHc school pur- poses: Provided always that the share or portion of the land any p^JSon o? company entered, rated or assessed in any district for separate ^^j^^^f^^''*''* ■" QQ ■ 1UV3 Cap. 105 SCHOOL ASSESSMENT S.9 Notice to be continuing^ Notice open to inspection Fraudulent notices Penalty school purposes under the provisions of this section shall bear the same ratio and proportion to the whole land of the company assessable within the district as the amount or proportion of the shares or stock of the company so far as the same are paid or partly paid up held and possessed by persons who are Protestants or Roman Catholics as the case may be bears to the whole amount of such paid or partly paid up shares or stock of the company. (2) Any such notice given in pursuance of a resolution in that behalf of the directors of the company shall for all purposes be deemed to be sufficient and every such notice so given shall be taken as continuing and in force and to be acted upon unless and until the same is withdrawn, varied or cancelled by any notice subsequently given pursuant to any resolution of the company or of its directors. (3) Every such notice so given to such secretary shall remain with and be kept by him on file in his office and shall at all convenient hours be open to inspection and examination by any person entitled to examine or inspect the assessment roU each year. (4) False statements made in any such notice shall not relieve the company from rates but any company fraudulently giving such notice or making false statements therein shall be liable to a penalty not exceeding $100 and any person giving for a company such a statement fraudulently or wilfully inserting in any such notice a false statement shall be guilty of an offence and liable on summary conviction to the hke penalty. C. 0., c. 75, s. 128. Assessment roll Notice to persons assessed 10. Upon the completion of the assessment roll the assessor shall deUver the same to the secretary of the board. (2) The secretary shall mail to each person assessed whose address is known to him a notice of his assessment; and the entry of the date of the mailing of each such notice together with the initials of the secretary on the assessment roU shall be prima facie evidence of the mailing of such notice on the date entered without proof of the appointment or signature of the secretary and the absence of such date and initials shall be prima facie evidence that the person's address is unknown. (3) After all the notices have been mailed the secretary shall post a copy of the roll at the school house or if there be no school house in the district in some conspicuous place outside his residence and shall keep the original roll at his residence open to inspection at any reasonable time. Date of posting (4) The Secretary may enter on the assessment roll the date onToii°"°'' on which the same is posted up and initial the same and the entry of such date and initials shall be primxi facie evidence of the posting of the roll on the date so entered without proof of the appointment of or initialling by the secretary. 1074 Copy of roll to be posted s. 13 SCHOOL ASSESSMENT Cap. 105 4 [(5) If at any time within two months after the posting of correction of the roll it is discovered that any person liable to assessment is ^'■'■°'' '" "'°" not assessed or that there is any error in any of the particulars contained in the roll the board may direct the secretary to enter the name of such person on the roll or correct the error. Amended c. 21, 1903 (1), s. 1. (6) In the event of any addition to or alteration or correction Notice to of the roU under the next preceding subsection without the '"'"°" '''^*'''°'* knowledge and consent of the person affected a notice as re- quired by subsection (2) shall be sent to such person and for the purposes of this and the next following section the date of mailing such notice shall as respects him be deemed to be the date of posting the roll] 1903, 1st session, c. 21, s. 1. 11. Any person who objects to his assessment may within ^p^p=^'J^;;[" fifteen days after the posting of the roll appeal from such assess- ment by giving notice of such appeal in writing to the justice of the peace nearest the residence of the secretary and such justice shall at the expiration of the time for appealing notify the secretary and appellant of the time and place when all appeals will be heard which shall be not later than thirty days after the posting of the roll and the finding of the justice upon such appeal shall be final. (2) At the time and placed fixed by the justice of the peace Secretary to the secretary shall appear and produce the assessment roll and pfoduceToU, all documents and papers in his custody relating to the appeal/""' (3) With every notice of appeal there shall be paid to the F^e to justio justice of the peace by the appellant the sum of $2.00 for his fee for hearing the appeal and in the event of the appeal being allowed the justice shall order the board to pay to the appellant the amount of the fee so paid by him. (4) Every alteration in the roll necessitated by the result of Alteration in any such appeal shall be made and initialled by the justice of ' the peace. [(5) An appeal shall He from the decision of the justice of the Appeal tojudee peace to a judge of the Supreme Court and for the purpose of such appeal the provisions of section 41 shall apply.] 1903, 1st session, c. 21, s. 2. 13. After the expiration of fifteen days from the posting of Rate to be the roll if no notices of appeal have been given or after alP"'"' appeals have been decided the board shall make an estimate of the probable expenditure of the district for the current year and shall strike such a rate not exceeding ten cents per acre on the number of acres of land in the district shown on the assess- ment roll as shaU be sufficient to meet such probable expenditure. 13. The secretary shall thereupon prepare a tax roll byTaxrou entering on the assessment roll the rate per acre struck as m the next preceding section provided and the amount of taxes pavable by each person assessed for the current year. ^ ^ 1075 Cap. 105 SCHOOL ASSESSMENT S. 13 (2) Minimum tax [(2) In the event of the total tax of any person being less than $2.00 under this section the tax to be entered on the roll and payable by him shall be the said sum of $2.] 1903, 1st session, c. 21, s. 3. 14. The secretary if there be both a secretary and a treasurer shall deliver the tax roll to the treasurer as soon as may be after it has been prepared and the treasurer shall post a copy thereof in the school house or if there be no school house in the district in a conspicuous place outside his residence and retain the original at his residence open to inspection by any ratepayer at any reasonable time. (2) The treasurer may enter on the tax roll the date on may^be'iSed"^ which the Same is posted up and initial the same and the entry of such date and initials shall be prima facie evidence of the posting of the roll on the date so entered without proof of the appointment of or initialling by the treasurer. (3) The treasurer shall mail to each person assessed whose address is known to him a notice of the amount of his taxes and the entry of the date of mailing of each such notices with the initials of the treasurer on the tax roll shall be prima facie evidence of the mailing of the notice on the date entered with- out proof of the appointment or signature of the treasurer and the absence of any entry of such date and initials shall be prima facie evidence that the person's address is unknown. [(4) The board may by resolution allow a rebate not to exceed ten per cent, upon all taxes paid within thirty days after such taxes have become payable.] 1903, 1st session, c. 21, s. 4. Tax roll to be delivered to treasurer Copy to be posted Date ot posting Tax notice to be sent Rebate in taxes Taxes a' lien Interest on arrears 15. The taxes accruing upon or in respect of any land in the district shall be a special lien upon such laiid having priority over any claim, hen, privilege or encumbrance thereon except claims of the Crown and local improvement and irrigation district taxes [and shall bear interest at the rate of six per cent, per annum from the 31st day of December of the year in which they are imposed. (2) This amendment shall apply in respect of taxes imposed before as well as after the passing of this Ordinance.] 1903, 1st session, c. 21, s. 5. Distress for taxes RECOVERY OF TAXES. 16. In case any person fails to pay the taxes assessed against him within thirty days after the posting of the tax roll the treasurer may by himself or his agent levy the same with costs by distress of the goods and chattels of the person against whom the same are assessed situated within the district or of any goods and chattels found upon the land in respect of which the taxes are due the property of or in the possession of any other occu- pant of the premises and the costs chargeable shall be the same as those allowed in the schedule to chapter 34 of The Con- solidated Ordinances 1898. 1076 s. 19 (2) SCHOOL ASSESSMENT Cap. 105 . (2) The treasurer shall by advertisement posted up in at least five public places in the district give at least ten days' public notice of the time and place of sale and the name of the person if known for payment of whose taxes the property is to be sold and at the time named in the notice the treasurer or his agent shall sell at public auction the goods and chattels distrained or so much thereof as may be necessary to pay the taxes due with all lawful costs including |1 for posting notices . (3) If the property distrained has been sold for more than the amount of taxes and costs and if no claim to the surplus is made by any other person on the ground that the property sold belonged to him or that he was entitled by lien or other right to the surplus it shall be paid to the person in whose possession the property was when the distress was made. (4) If the claim is contested such surplus money shall be paid over by the treasurer to the clerk of the Supreme Court within whose jurisdiction such school is situated who shall retain the same until the respective rights of the parties have been determined by action at law or otherwise. 17. Any taxes or arrears of taxes due to a district may be s^it fo-- taxes recovered by suit in the name of the board as a debt due to the district; in which case the tax roll shall be prima facie evidence of the debt. (2) For the purpose of this section all taxes shall be deemed to be due on the day on which the tax roll is posted up as pro- vided in section 14 hereof. 18. The treasurer shall enter all amounts paid him for taxes Taxes paid to on the original tax roll opposite the lot or parcel of land inroif"'^'^ respect of which such payment is made; and shall issue an official receipt for all such payments. (2) Payments made on account of taxes due in respect of any Arrears first land shall be first applied in payment of arrears of taxes duef^[^l°l in respect of such land since the first day of January. 1902. RETURN OP UNPAID TAXES. 19. The treasurer of every district shall within the first Re^-^"°f^^^ fifteen days of January in each year make a return verified by his solemn declaration to the commissioner in such form as may by the commissioner be from time to time prescribed showing all lands in the district in respect of which taxes have not been paid together with the years for which such taxes are due. (2) The return for all purposes shall be priina facie evidence .of the validity of the assessment and imposition of the taxes as .shown therein and that all steps and formaUties prescribed by this Ordinance have been taken and observed. 1077 7 Cap. 105 SCHOOL assessment s. 20 Application to 30. Oil application by the Attorney General of the Terri- ippotntmentfor torfes Or soHie advocatc authorised by him to a judge of the confirmation guprgme Court in chambers such judge may appoint a time and place for the holding of a court for the confirmation of the return mentioned in the preceding section notice of which shall be pubhshed in every issue of the official gazette for two months and once each week for at least eight weeks in a local paper published in the vicinity of the lands entered on such return to be named by the commissioner. (2) A notice of the time and place fixed for confirmation of such return shall be sent by mail at least sixty days prior to the time so fixed to each person who appears by records of the proper land titles office or by the said return to have any in- terest in the lands mentioned in the said return in respect of which confirmation is desired and whose post office address is shown by said records or return; and the entry against such lands of the date of mailing such notice together with the initials of the clerk of the department mailing the same shall without proof of the appointment or signature of the said clerk be prima facie evidence that the required notice was mailed on the date so entered. Adjudication 31. At the time and place so appointed the judge shall hear by judge ^j^g application and also any objecting parties and the evidence adduced before him; and thereupon adjudge and determine whether or not the taxes imposed respectively upon each parcel of land included in the return were either wholly or in part in default; and report the adjudication to the said Attorney General; and shall also confirm the return as to those parcels on which any taxes are determined to be in arrears for over two years after the coming into force of this Ordinance naming the amounts of such arrears and of any arrears prior the coming into force of this Ordinance severally and adding thereto a reasonable amount for the expense of advertising together with such sum as he may fix for costs of the application; and the effect of such adjudication shall be to vest in the Grown for the public use of the Territories the said lands subject however to redemption by the owners respectively of the said lands at any time within one year from the date of the adjudication by the payment to the commissioner of the amounts named in- cluding expenses as aforesaid together with a redemption fee of five cents for each and every acre in the parcel so redeemed and any subsequent taxes paid by the commissioner; but no such redemption fee shall be less than $2. (2) For the purposes of this section all taxes shall be held to be due on the first day of .January of the calendar year within which the same are imposed. (3) In the event of any person successfully opposing confirma- tion of the said return as to the land in which he is interested the judge may order an allowance to him as witness fees to be paid by the commissioner. 1078 s. 25 SCHOOL ASSESSMENT Cap. 105 8 (4) A copy of such adjudication certified by the commis- sioner shall be forwarded to the registrar of land titles of the land registration district in which the lands named in the adjudi- cation or any of them are situated; and such copy shall be notice to the public of the facts contained therein. 33. If any person interested in the parcel of land contained Payment after in the return presented to the judge for confirmation as provided ''pp°'"''"">' by section 21 of this Ordinance pays the taxes upon such land before the date fixed for confirmation of such return but after such date has been fixed he shall in addition to the amount of taxes shown by such return to be overdue be liable to pay the sum of $2 for each quarter section or portion thereof for costs of application to the judge and advertising and postage in connection with such proceedings; and any sums so paid shall form part of the Territorial revenue. 33. At any time after the expiration of the year last named order vesting on ex jiarte appUcation by the Attorney General or some advocate ''"^ '" *^''°"" appointed by him and upon production of the last named adjudication together with a certificate of the commissioner showing that the land has not been redeemed the judge by order in chambers may direct that the title to such of the land named in the adjudication as has not been redeemed by the owner be absolutely vested in His Majesty freed from all liens, mortgages and incumbrances of whatever nature and kind the same may be except local improvement and irrigation district taxes. 34. So soon as the return of the treasurer has been confirmed Payment of the commissioner shall pay to the treasurer the amount of comml'ssioner taxes adjudged in arrears since the coming into force of this Confirmation Ordinance on each parcel of land deducting therefrom any charges he may have been required to pay; and thereafter while owned by His Majesty the said land shall be assessed in the name of the commissioner who shall pay taxes as if the land were assessed to an ordinary individual. (2) Upon a sale of every such parcel of land any surplus derived from such sale over and above the amount of all sums paid by the commissioner in respect thereof for taxes or other- wise howsoever together with six per cent, per annum thereon to the extent of all arrears of taxes whether imposed before or after the coming into force of this Ordinance which have not theretofore been paid to the treasurer of the district shall be paid to hJm. ASSESSMENT AND TAXATION IN VILLAGE DISTRICTS. 35. The following sections numbers 26 to 87 inclusive shall Application of , , .-,-. T I • j_ 1 sections 26 to 87 apply to village districts only. 1079 9 Cap. 105 SCHOOL ASSESSMENT s. -2 L'sTsfa'Se ^®' -^^^ property real and personal in any village district not herein declared exempt from taxation shall be subject to assessment and taxation for school purposes. Exemptions (^2) The property exempt from taxation under the provisions of this Ordinance shall be — 1. All the property held by His Majesty or for the public use 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 person is occupant of or interested in any property mentioned in either of the two preceding clauses otherwise than in an official capacity the occupant or person interested shall be assessed in respect thereof but the property itself shall not be liable beyond the interest of the person assessed; 4. The buildings and grounds to the extent of two acres of all public and separate schools and the personal property be- longing to the same being used. for school purposes and under the management of the department of education of the Terri- tories; 5. A building used for church purposes and not used for any other purpose for hire or reward and the lot or lots whereon it stands not exceeding one half acre except such part as may, have any other building thereon; 6. Any land in use as a public cemetery not exceeding twenty- five acres; 7. The annual income of any person derived from any source; 8. Grain, hay, household effects of every kind, books and wearing apparel; 9. The increase in the value of the land by reason of the annual cultivation thereof together with the growing crops or by reason of the cultivation of trees; 10. All works constructed, operated and used in connection with irrigation ditches as well as the ditches themselves operated under and subject to the provisions of The North-West Irrigation Act 1898 : Provided however that should any such works and ditches be not operated during one. year then such works and ditches, shall not be exempt from taxation during the year . following that in which said works were not operated. CO., c. 75, s. 132. Assessment roll 37. As soou as may be in each year the assessor shall prepare an assessment roll for the district in which shall be set down according to the best information available a list of all taxable property in the district with the names of the occupants and owners if such can be procured and such roll may be in form E in the appendix hereto. CO., c. 75, s. 130. fxfm tioiTfrom ^^' ^ person owning or occupying property not liable to taMtujn taxation may compel the assessor on written demand to assess 1080 s. 35 SCHOOL ASSESSMENT Cap. 105 10 him for such property in order that he may thereby be qualified for voting or holding office. CO., c. 75, s. 133. 39. Land and personal property shaU be assessed to the occupant to be person in occupation or possession thereof unless in the case of "''"'"' a nonresident owner such owner shall in writing require the assessor to assess him alone for such property. (2) Taxes may be recovered by any of the manners herein Recovery ot authorised either from the owner or occupant. CO., c 75,"'''" ss. 134, 136. 30. Real and personal property shall be estimated at their Assessment actual cash value as they would be appraised in payment of q^"""^^^^"^ just debt from a solvent debtor. CO., c. 75, s. 138. 31. In assessing stock in trade the assessor shall assess a stock in trade person, firm or corporation for the amount of the average stock in trade kept on hand by such person, firm or corporation during the twelve months immediately prior to the date of assessment. CO., c. 75, s. 139. 33. Any person may be required by the assessor to deliver Assessor may to him a written statement of all property for which he is liable sSrement to be .assessed with such other information as to owner, occupant, location and value or other necessary particulars as may be demanded and if he fails to do so or knowingly makes anyOmUsionto false statement such person shall upon complaint of the assessor """' forfeit and pay a fine not exceeding $50 to be recovered upon summary conviction. CO., c. 75, s. 140. 33. The assessment roll shall be completed by the first day completion of April or so soon thereafter as may be in each year and the" assessor shall before handing the roll over to the secretary of the board make an affidavit which shall be inscribed upon the roll that the statements contained therein are correct to the y^^jg^^^;^^ best of his knowledge and belief and the roll when so verified shall be pri?na facie evidence of the statements therein contained. CO., c. 75, s. 141. 34. The assessor shall thereupon deliver the assessment roll Delivery of rou to the secretary of the board who shall file the same and endorse *° =«"'""'>' thereon the date of such filing. CO., c. 75, s. 143 in part; 1900, c. 26, s. 13. 35.- The secretary shall until the sitting of the court of A.se^ssment^ revision at all reasonable times keep the roll open to the in- [nspSISn'"' spection of all persons resident or owning or in the possession of property within the district or the agents of such persons appointed in writing and the overseer of the village may have access to the assessment roll at all ; reasonable hours. CO.,, , 5. 75, s. 143 in part. 1081 11 Cap. 105 SCHOOL ASSESSMENT s. 36 COURT OF REVISION. Filing date of 36. Within ten days after the filing of the roll the board court ot revision ^-^^-^^ appoint a day, hour and place when it shall sit as a court of revision and it shall cause to be posted up at least twenty days before the meeting of such court in at least five conspicuous places within the district one of which shall be the post office therein notices as in form F in the appendix hereto. (2) The court of revision shall be held not earlier than forty days nor later than fifty days after the filing of the roll: Provided that in the event of no appeal being received as provided by sections 38 and 39 of this Ordinance the holding of the court of revision may be dispensed with. CO., c. 75, ss. 145 in part, 146. Notice of assessment 37. Within ten days after the time for holding the court of revision has been fixed the secretary shall give notice in writing by post or otherwise to every person whose name appears upon the assessment roll and whose address is known in form G in the appendix hereto. CO., c. 75, s. 144 (1). Appeal to c of revision Notice to be given 38. Any person complaining of an error or omission in re- gard to himself as having been wrongfully inserted in or omitted from the roll or as having been overcharged by the assessor in the roll may personally or by his agent give notice in writing to the secretary that he considers himself aggrieved for any or all of the causes aforesaid. (2) The notice shall be given to the secretary at least five days before the day fixed for the sitting of the court of revision. CO., c. 75, s. 144 (2). Complaint as to assessment of third party 39. If any ratepayer thinks that any person has been assessed too high or too low or has been wrongfully entered on or omitted from the roll or that any property of any person has been mis- described or omitted from the roll he may not later than fifteen days before the day fixed for the court of revision give notice in writing to the secretary and the secretary shall forthwith give notice in writing to each person with respect to whom a complaint has been made in form J in the appendix hereto. CO., c. 75, s. 144 (3). Court of 40. At the time appointed unless there are no appeals the revision board shall sit as a court of revision to consider all appeals and complaints that have been received by its secretary in accord- ance with the provisions of this Ordinance in that behalf and it shall have power to take evidence under oath and shall alter and amend the roll if necessary in accordance with its decision in each case. Adjournment (2) The court of revlslou may adjourn from time to time but no adjournment shall be for a longer period than one week. 1082 s. 41 (5) SCHOOL ASSESSMENT Cap. 105 12 (3) The roll as finally passed by the court and certified byK""fi"=i the secretary as passed shall except in so far as the same may "'"'" "^''^'^ be further amended on appeal to a judge of the Supreme Court be vaUd and bind all parties concerned notwithstanding any defect or error committed in or with regard to such roll or any defect or error or misstatement in the notices required by sections 36, 37 and 39 of this Ordinance or the omission to deliver or transmit such notices. (4) The court of revision may if in its discretion it deems A„,,„a.„ent proper declare the whole roll void and in that event a new "f "'^"''^ "" assessment shall be made in accordance with the provisions of this Ordinance as if no assessment had been made. CO., c. 75, ss. 145 in part, 147, 148. APPEAL FROM COURT OF REVISION. 41. If any person is dissatisfied with the decision of theAppeaito court of revision he may appeal therefrom to a judge of theg'^^s/^"^ court Supreme Court. In all cases of such appeals the proceedings shall be as follows — 1. The person appealing shall in person or by his agent serve Notice of upon the secretary of the school district within eight days "pp"''' after the decision of the court of revision a written notice of his intention to appeal to a judge of the Supreme Court in which shall be stated the grounds of appeal; 2. The secretary shall immediately after the time limited for Lj^t^f^pp^^i^ filing notice of appeals forward a list of all appeals filed to the ^"'^ '"'^se judge of the Supreme Court usually exercising jurisdiction in the judicial district of which such district forms a part or if such district forms a part of more than one judicial district then to the judge whose official residence is nearest the district and the judge shall thereupon appoint a time and place for holding a court to hear such appeals and shall notify the secretary of such appointment; 3. The secretary of the district shall be the clerk of such cierk of court court; 4. The secretary shall thereupon give notice to all the parties Notice of appeahng and appealed against in the same manner as is pro- ^^^""« ^'pf^-'* vided for giving notice on a complaint to the court of revision specifying the time and place when and where the appeal will be heard but in the event of failure by the 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; 5. The secretary of the district shall cause a conspicuous List ot appciu notice to be posted up in his office or the place where the board ;'„",iJd° *"= holds its sittings containing the names of the appellants and parties appealed against with a brief statement of the ground or cause of appeal together with the time and place at which a court will be held to hear appeals; 1083 13 Cap. 105 SCHOOL ASSESSMENT S. 41 (6) Hearing of appeals Determination Production of roll and papers to judge Correction of roll Powers of judge Intituling process Allowances for costs 6. At the court so holden the judge shall hear and determine the appeals and may adjourn the hearing from time to time and defer judgment thereon at his pleasure but so that all appeals may be determined before the first day of September: Provided that the judge may either before or after the said first day of September in his discretion extend the time for the determination of appeals beyond the said first day of Septem- ber upon proof that the assessment roll was not complete in time to allow of such appeals being determined prior to the said date; 7. At the court to be holden by the judge to hear and deter- mine 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 writing in his custody connected with the matter of appeal and such roll shall be altered and amended if necessary according to the decision of the judge who shall write his initials opposite any part of the said roll in which any alteration or amendment is made unless the decision is not then given in which case the secretary of the district shall when the decision is given forth- with alter and amend the roll if necessary according to the same and write his name opposite every such alteration or amendment; 8. In all such proceedings the judge shall possess all the powers for compelling the attendance and for the examination on oath of all parties whether claiming or objecting or objected to and all other persons whatsoever and for the production of books, papers, rolls and documents and for the enforcement of his orders, decisions and judgments as belong to or might be exercised by him in the Supreme Court; 9. All process or other proceedings in, about or by way of appeal may be intituled as follows- " In the matter of appeal from the court of revision of the district of A.B. Appellant, and CD. Respondent; 10. The costs of any proceeding before the judge as aforesaid shall be paid by or apportioned between the parties in such manner as the judge thinks proper; and where costs are ordered to be paid by any party the same shall be enforced by execution to be issued as the judge may direct from the Supreme Court or in the same manner as upon an ordinary judgment for costs recovered in such court; 11. The costs chargeable or to be awarded in any case may be the costs of witnesses and of procuring their attendance and none other the same to be taxed according to the allowance in the Supreme Court for such costs; and in case where execution 1084 s. 45 SCHOOL ASSESSMENT Cap. 105 14 issues the like costs thereof as in the said court and of enforcing the same may also be collected thereunder; 12. The decision and judgment of the judge shall be final and conclusive in every case adjudicated upon. CO., c. 75 lodgment s. 149; 1900, c. 26, s. 14. RATE OF TAXATION. 43. So soon as the assessment roll has been finally revised ^ate^o te by the board as aforesaid they shall make an estimate of the probable expenditure of the district for the current year and shall strike such a rate of assessment on the assessed value of the taxable property within the district for the school they represent as shall be sufficient to meet such probable expendi- ture making due allowance for charges and probable loss in collection. (2) Such rate shall not exceed twelve mills on each dollar ^^''^ ■'■"'' of property liable to taxation for ordinary school purposes with such additional rate per dollar as may be necessary to meet any debenture indebtedness that may have been incurred by such district on the terms upon which it was incurred. CO., c. 75, ss. 150, 151. COLLECTION OF TAXES. 43. The board shall cause to be made out of collector's roll collectors roii for the district on which shall be set down the name of every contents person assessed, the assessed value of his real and personal property and the amount with which such person is chargeable according to the rate of taxation struck in respect of sums ordered to be levied by the board with any other particulars that may be necessary and such roll shall be placed in the hands of the treasurer or collector duly appointed by the board. (2) The board may by resolution allow a rebate not to exceed ^^^^te m taxes ten per cent, upon all taxes paid within thirty days after the same have become payable. CO., c. 75, s. 152. 44. As soon as the treasurer or collector shall have received ^°t|^f "''^ the collector's roll he shall remit or cause to be remitted b^-' mail or otherwise to each person whose name appears upon it as assessed for taxes whose address is known a notice in form L in the appendix hereto. (J) If the board appoints some person other than the trea- surer to be collector such per=!on before receiving any money as such collector shall furnish security in the same manner and to the same amount as is required by The School Ordinance in the case of the treasurer. CO., c. 75, s. 153. 45. The treasurer or collector as the case may be shall give ^eceipt^ and receipts on behalf of the district for all taxes paid to him and payment 1085 15 Cap. 105 SCHOOL ASSESSMENT S. 45 shall enter the fact of such payment with the date on the collec- tor's roll. Appropriation (2) Paymcnts made on account of taxes due upon any land shall be first applied in payment of arrears of taxes due upon such land. CO., c. 75, s. 154. Collector to 46. xhc treasurer or collector shall notify the board fioin name defaulters . • /• i p i c -i to board time to time or the names of persons who fail to pay the taxes assessed against them and the board may take or authorise to ereon j^^ taken such action for the collection of such taxes as is here- inafter provided. CO., c. 75, s. 155. Levy by distress Costs Sale of distrained property Procedu 47. In case any person fails to pay the taxes assessed against him within the thirty days specified in the notice provided by section 44 of this Ordinance the treasurer or collector may by himself or his agent levy the same with costs by distress of the goods and chattels of the person against whom the same are assessed situated within the school district or of any goods and chattels found upon the premises assessed the property of or in the possession of any other occupant of the premises and the costs chargeable shall be those allowed in the schedule to chapter 34 of The Consolidated Ordinances 1898. CO., c. 75, s. 156. 48. The treasurer shall by advertisement posted up in at least three public places in the school district and also by pub- lishing the same in a newspaper published in or near to the said school district give at least six days' public notice of the time and place of sale and the name of the person for payment of whose taxes the property is to be sold and at the time named in the notice the treasurer or collector or his agent shall sell at public auction the goods and chattels distrained or so much thereof as may be necessary to pay the taxes assessed with all lawful costs including the cost of advertisement. CO., c. 75, s. 157. Disposition 49. jf the property distrained has been sold for more than or surplus Cl !•(. !• 1 !• the amount oi taxes and costs and if no claim to the surplus is made by any other person on the ground that the property sold belonged to him or that he was entitled by lien or other right to the surplus it shall be paid to the person in whose possession the property was when the distress was made. (2) If any such claim is* made by the person for whose taxes the property was distrained and the claim is admitted the sur- plus shall be paid to the claimant. (3) If the claim is contested such surplus money shall be paid over by the treasurer or collector of the district to the clerk of the Supreme Court within whose jurisdiction such school is situated who shall retain the same until the respective rights of the parties have been determined by action at law or otherwise. CO., c. 75, s. 158. 1086 s- 56 SCHOOL ASSESSMENT Cap. 105 16 50. The taxes may be recovered by suit as a debt due toR«°^"yo* the district in which case the production of the collector's 1.0I1 "'^'' '^ ^ ''^" or a copy of so much thereof as relates to the taxes payable by the person and certified as a true copy by the secretary of the Evidence district shall be prima facie evidence of the debt. CO c 75 s. 159. ARREARS OF TAXES. 51. The treasurer or collector as the case may be shall on Return of roii or before the first day of December in each year- return the collector's roll to the secretary of the board with an account of Account all moneys received by him accompanied by an affidavit made y^^;g^^^.^_. before a justice of the peace or other person authorized to take affidavits that the collection and other proceedings have been taken in accordance with the terms of this Ordinance and that all the returns contained therein are correct. CO., c. 75, s. 160. 53. The treasurer or collector as the case may be shall at^_.=/j^j_.^°t the same time make a return verified by affidavit as provided ^"^^" in the next preceding section of all property upon which the taxes or any portion thereof remain unpaid. (2) A copy of such return shall be kept on file by the secretary copy to be of the district and shall be open to inspection of the ratepayers'^'^'' of the district or their agents. CO., c. 75, s. 161. inspection 53. The taxes accrued on any land or property or in respect Taxes special of the ownership or occupancy of any land or property shall be '""" a special lien upon such land or property having preference p^i^^^^y over any claim, lien, privilege or encumbrance of any party except claims of the crown and local improvement, irrigation district or village taxes and shall bear interest at the rate ofi"'^''^^' six per cent, per annum from the time of the return of the collector's roll to the secretary. CO., c. 75, s. 162. 54. Such accrued taxes shall be entered upon the collector's collection of roU of the district against such property from year to year and ^'•"^'■s the payment of such taxes shall be enforceable at all times in any of the manners provided by this Ordinance for the enforce- ment of the payment of taxes. CO., c. 75, s. 163. 55. Whenever the treasurer or collector is satisfied or is Distress for notified by the board that there is sufficient distress upon any^""''" real property within the district which is in arrears for taxes he may proceed to levy the amoixnt due in the manner and under the same provisions as are contained in sections 47, 48 and 49 of this Ordinance. CO., c. 75, s. 164. SALE OF LAND FOR TAXES. 56. Whenever any portion of the taxes on any land has List of lands been due for two years from the first day of January in the ^'" ''^^ ^*'^ 1087 17 Cap. 105 SCHOOL ASSESSMENT s. 56 Warrant to treasurer to seU year in which the same was imposed whether imposed before or after the coming into force of this Ordinance the treasurer shall submit to the chairman a list in duplicate of all the lands in his book on which taxes are so due with the amount of arrears against each lot set opposite to the same and the treasurer shall authenticate each such lists by affixing thereto the seal of the corporation and his signature and one of such lists shall be deposited with the secretary arid the other shall be given to the treasurer with a warrant thereto annexed under the hand of the chairman and seal of the board commanding him to levy upon the land for the arrears due thereon with costs and the said treasurer is hereby authorized to sell the same. CO., c. 75, s. 165. Only listed lands to be sold 57. The said treasurer shall not sell any lands which .have not been included in the list furnished him as aforesaid. CO., c. 75; s. 166. Publication ot list 58. The treasurer shall prepare a copy of the hst of lands to be sold as authorised by this Ordinance and shall include Contents therein in a separate column a statement of the proportion of costs chargeable on each parcel for advertising and the sum of twenty-five cents for each parcel advertised for sale and shall cause the said list to be published at least once a week for four consecutive weeks in at least one newspaper published in the school district or if there is no newspaper published therein in the newspaper published nearest to the school district. Notice of tax (2) The trcasurcr shall also cause to be published in The lub\i°h^d in the North-W est Territories Gazette during two consecutive issues of gazette ^^le samc between the date of the first publication in the news- paper above mentioned and the date of sale notice in form N in the appendix hereto. CO., c. 75, s. 167. 59. The advertisement in a newspaper shall contain notifi- cation that unless the arrears of taxes and costs are sooner paid the treasm-er will proceed to sell the land for taxes on the Dat.- and place day aud at the place mentioned in the advertisement. CO., of sale -^ ^„„ C. 1 5, S. 168. Advertisement Hour of sale Description of lands 60. Every such notice shall specify the place, day and hour at which the sale shall commence and each lot or parcel of land shall be designated therein by a reasonable description for registration purposes. CO., c. 75, s. 169. All lots saleable to be included OmissionB 61. All the lots or parcels liable for sale in the school district shall be included in the same statement and notice but any neglect or omission to include any lands liable for sale in the said list shall not be held to invalidate the sale or to prevent the sale of such omitted land on any future occasion for all arrears of taxes that may be due thereon. CO., c. 75, s. 170. 1088 • 68 SCHOOL ASSESSMENT Cap. 105 18 63. The day of sale shall not be less than ten days nor more ^^y ""i p'ace than forty days after the last publication of the list and the "'^ '''''' sale shall take place at such place in the district as the board shall by resolution appoint and in the absence of such appoint- ment at such place in the district as the treasurer in his said notice shall name. CO., c. 75, s. 171. 63. If at any time appointed for the sale of lands no bidders Adjournment appear the treasurer may adjourn the sale from time to time: Provided always that no such adjournment shall be for a period exceeding fifteen days. CO., c. 75, s. 173. 64. At the place, day and hour appointed for the sale ofTt's^f'"^ lands if the taxes thereon including costs and charges have not previously been paid the treasurer shall offer the lands for sale by public auction and in so doing shall make and declare the amounts stated in the lists as the taxes due with the charges and costs as the upset price on each respective lot or parcel as offered for sale and shall thus sell the same to the highest bidder upset pries or to such person as may be willing to take it at the upset price there being no higher bidder but subject to redemption as hereinafter provided for. CO., c. 75, s. 174. 65. If no bidder appears for any land for the full amount saie to board of arrears of taxes, costs and charges the treasurer shall there' "° and then sell the same to the board at the upset price. CO., c. 75, s. 175: 66. If the land sells for a greater sum than the taxes due„„ , , together with all charges thereon the purchaser shall only be s^w fo-- '-^o'^ required to pay at the time of sale the amount of said taxes taxes ^"°"" and charges and the balance of the purchase money shall be payable within one calendar month after the time of redemp- Payment of tion of said land shall have expired without the same having money^" been redeemed within the time limited and if the said balance of purchase money shall not be so paid by the purchaser, his heirs or assigns within the time above prescribed he and they shall forfeit all claim to the said land and to any transfer or conveyance thereof as well as the amount paid at the time of ^urd,"ise''r^ sale and such land shall thereupon cease to be affected by said sale. CO., c. 75, s. 176. 67. If the purchaser of any parcel of land fails immediately Purchaser to pay the treasurer on account of said purchase the amount pay pnc" claimed for arrears of taxes and charges the treasurer shall forthwith again put up the property for sale. CO., c. 75, s. 177. 68. The treasurer after selling any land for taxes shall give Treasurer to , . . ■, T T 1 , • 1 K^'Ve certiticate to the purchaser a certificate describing the land as advertised stating the amount of taxes and costs paid and the total amount of purchase money and further saying that a transfer of the same to the purchaser or his assigns shall be executed by the 1089 19 Cap. 105 SCHOOL ASSESSMENT S. 68 treasurer on his or their demand within one month after the expiration of one year from the date of the certificate if the land be not previously redeemed upon payment of the balance of the purchase money if any remains unpaid and upon payment of 12 for said transfer. CO., c. 75, s. 178. Rights of purchaser 69. The purchaser shall on receipt of the treasurer's certifi- cate of sale become the owner of the land so far as to have all the necessary rights and powers for protecting the same from spoliation or waste until the lands may be redeemed. CO., c. 75, s. 179. Statement of lands sold Inspection of 70. A statement of the land so sold for arrears of taxes with the names of the respective purchasers, the date of sale, the time of redemption and the amount required to redeem shall within thirty days of the date of sale or adjourned sale be made out and signed by the treasurer in duplicate and one copy shall be kept by the treasurer and the other deposited with the secretary and either of the said lists may be inspected at any time during office hours for a fee of ten cents for each lot of which inspection is desired. CO., c. 75, s. 180. Redemption of lands sold REDEMPTION OF LANDS SOLD. 71. The owner of any land which may hereafter be sold for taxes or his heirs, executors, administrators or assigns or any other person on his or their behalf may at any time within one year from the date of sale exclusive of that date redeem the land sold by paying to the treasurer before the hour of three o'clock in the afternoon of the said last day for redemption for the use and benefit of the purchaser or his legal representa- tives the sum paid by him together with ten per centum thereon and any further or other tax or sum which shall have been imposed or levied against said land and paid by the purchaser before the date of redemption and the treasurer shall give the party paying such redemption money a receipt stating the sum paid and the object thereof and such receipt shall be evidence of the redemption. (2) The treasurer shall before giving such receipt ascertain from the purchaser what further or other tax or sum if any has been paid by him under the authority of this section. CO., c. 75, s. 181. Sale to be as on date advertised 73. Forthepurposeof this Ordinance the day of sale shall be the day on which the sale was advertised to take place without reference to any adjournment or adjournments and all certifi- cates shall be dated as of that day. CO., c. 75, s. 182. On redemption purchaser s rights cease 73. From the time of payment to the treasurer of the full amount of redemption money required by this Ordinance all rights and interests of the purchaser shall cease. CO., c. 75, s. 183. 1090 s. 78 (3; SCHOOL ASSESSMENT Cap. 105 20 74. Whenever such redemption is effected by a person not p«''^.°", n°' specially authorized the treasurer shall mention in the receipt authorized given by him for the redemption money the name and designa- '^ ''^"""^ tion of the person paying the same, the name of the person on whose behalf the payment is made and every redemption receipt shall be made out in triplicate, one copy shall be given to the person paying the redemption money, one shall remain on file in the office of the treasurer and the third shall be trans- mitted to the secretary by the treasurer. CO., c. 75, s. 184. 75. The treasurer shall also immediately after the redemp- o^"^,^«'i«'"p"''" tion of any land give notice by registered letter to the party purchaser appearing by his books to be the purchaser of the same apprising him of the fact of such redemption and the amount of money paid in for such purpose. CO., c. 75, s. 185. TRANSFER IN CASE OF NONREDEMPTION. 76. If the land be not redeemed within the period allowed Land not by this Ordinance then on demand of the purchaser, his heirs or assigns or other legal representatives at any time within one month after the expiration of the time limited for the redemption upon payment of the balance of purchase money as aforesaid and of the further sum of |2 the treasurer shall prepare and execute and deliver to him or them a transfer of '^'■''"^*^^' the land sold in form P in the appendix or to the like effect : Provided that any land sold to the school board under the p™^'^" provisions of this Ordinance as hereinbefore provided shall be transferred to the board immediately on expiration of the Tran^^fer to time allowed for redemption without charge. CO., c. 75, s. 186. 77. Such transfer shall upon confirmation of the sale by aTransfer^^ judge of the Supreme Court vest in the purchaser all rights of fand'from^ property which the original holder had therein and shall also p""' ''''^■'^^'' purge and release such land from all payments, charges, liens, mortgages and encumbrances of whatever nature and kind other than existing liens of the school district or Crown and local improvement, irrigation district and village taxes and whenever lands are sold for arrears of taxes and the treasurer shall have given a transfer thereof such transfer shall notwith- standing any informality or defect in or preceding such sale be vaUd and binding to all intents and purposes except as against the Crown. CO., c. 75, s. 189 in part. 78. After the expiration of one year from the date of any such transfer the sale and transfer may be set aside only upon its being shown either — 1. That there has been fraud or collusion; or 2. That all taxes have been paid; or 3. That the land was not liable to assessment. CO., c. 75 s. 187 in part. 1091 21 Cap. 105 SCHOOL ASSE^MENT s. 79 ILLEGAL SALES. LIABILITY OF BOARD. School board's liability limited 79. In no case shall the board of any district be liable for damages or costs in any suit brought to set aside a tax sale or be liable for any damages or costs arising therefrom or incur any liability other than in case of a sale declared void by a competent court that of refunding to the purchaser the amount of money actually received with legal interest. CO., c. 75, s. 196. When title in Crown 80. When the title of any land sold for arrears of taxes is vested in the Crown the transfer thereof in whatever form given shall be held to convey only such interest as the Crown may have given or parted with or may be willing to recognize or admit that any person possesses under any colour of right whatever. CO., c. 75, s. 188. TAX SALES FUND. Tax sale fund Lapse to board of unclaimed balances 81. The treasurer shall keep a separate account in a chart- ered bank at the joint credit of the chairman and treasurer of all sums paid to him as balances of purchase money on lands sold for arrears of taxes and not redeemed and shall enter in a book the amount received from the purchaser of any lot sold by him over the taxes and charges against said lot with date of sale and of receipt of balance and the aggregate amounts so received shall form a fund to be called the tax sales fund and the treasurer shall in the month of January in each year and on request at any other time furnish a statement to the board giving the particulars respecting such fund and whenever any portion of such fund shall have remained to the credit of the account for six years from the day of sale of the land of the purchase money of which it forms a part without any notice of a claim or order for payment having been served on him as here- inafter provided any right to such portion or sum so remain- ing unclaimed shall be forfeited and thereafter it shall be the absolute property of the board and the said board shall forever be discharged from any claim on account thereof. CO., c. 75, s. 189. Claims on tax sales fund Procedure in proof of claim 83. Any person claiming to have been interested in any parcel of land sold for taxes and transferred as aforesaid which shall have realized more than the amount due for taxes and charges shall be entitled to claim and receive the said overplus or sum of any portion thereof specified in the order hereinafter mentioned provided that a written notice is served upon the treasurer previous to the time limited for forfeiture upon pro- ducing and leaving with the treasurer within six months from the date of service of such notice of claim an order signed by a judge of the Supreme Court of the Territories reciting that it had been proved to the satisfaction of the said judge that the claimant was at the time of sale interested in the said land and 1092 s. 86 SCHOOL ASSESSMENT Cap. 105 22 requiring tlie school board to pay the said surplus money or the portion thereof specified in the order to the said claimant and such or any judge's order for payment of any part of the said tax sales fund shall be kept by the treasurer and shall be judges order the warrant and authority for making such payment. c.O.,'°''p^^'"^"' c. 75, s. 190. 83. In seeking to obtain a judge's order any claimant upon Petition to the said fund shall in person or by advocate petition the judge J*"^^" in writing for that purpose describing the land sold and setting forth the particulars of the said sale and the title under which the said money is claimed and shall at the same time furnish such evidence of title as may be necessary for proving his title or interest to the satisfaction of the judge and the facts set '^''"^^"'"' forth in the petition shall be verified by affidavit so far as may be necessary to satisfy the judge of the bona fide nature of the claim and the said judge may in his discretion require the claima.nt to serve a notice of his application upon the board or publish the same in any manner he may deem proper or sub- stantiate his claim in any other manner and the judge may in his discretion order the said money to be paid over to the clerk ^jlf" ^"' '"'° of the Supreme Court there to be dealt with in such manner as the court shall order and in such case a copy of his order stating the reason therefor shall be filed in the said court and served upon the treasurer. CO., c. 75, s. 191. 84. The same fees shall be paid upon any application made Fees under the last preceding section as are payable in respect of applications in chambers for a judge's order in any suit for damages in which the same amount is involved. CO., c. 75, s. 192. 85. In any case where the judge deems it advisable to order costs of school notice to be served upon the board he shall in the final decision ^°^"^ of the question if the claimant is successful order the costs of the board to be paid out of the fund in question or by the claimant in case the claimant fails. CO., c. 75, s. 193. 86. The fact of claiming any surplus held to the credit ofciaim^o any lots sold for taxes in the said tax sales fund shall be admits^ ^^ considered an admission of the validity of the sale of the lot in sale ' question by the claimant and the said claimant and all claiming by, through or under him shall from and after the time of making such claim be debarred from taking any proceeding to question or set aside such sale notwithstanding that the said claim shall have been made within the time otherwise limited for taking any proceedings to invalidate any tax sale and the said sale shall thereafter be held to be in all respects valid and binding as against the claimant and those claiming by, through and under him as aforesaid. CO., 75, s. 194. 1093 23 Cap. 105 SCHOOL ASSESSMENT S. 87 'uestioMd ^'' Within ten days after the commencement of any suit surplus or proceeding to set aside or question a sale for arrears of taxes ordir'^of "court the pkiutif! shall cause the treasurer to be notified in writing of the fact of the action or proceeding having been commenced and the treasurer in such case shall not forfeit any surplus held by him to the credit of the parcel of land in dispute but Disposition by gjiall hold the same subject to the order of the court and in case court the plaintiff succeeds the court shall order the said surplus to be repaid to the defendant, the tax sale purchaser or his proper representatives and in case the plaintiff fails in such action or proceeding to set aside such sale but proves to the satisfaction of the court that he was at the time of sale the lawful owner of the said land and the person entitled to the said surplus money according to the true intent and meaning of this Ordi- nance then in such case the court shall order such surplus money to be paid over to the plaintiff or his proper represen- tatives upon and after payment by the said plaintiff of such costs of the defendant as he may have been ordered by the court to pay. CO., c. 75, s. 195. ASSESSMENT AND TAXATION IN TOWN DISTRICTS. 88. The following sections numbers 89 and 90 shall apply to town districts only. whe^^distHct 89. Where a district is situated within a municipality the in municipality trustecs may as soon as may be after the final revision of the assessment roll of the municipality make a demand on the council of such municipality for the sum required for school purposes for the then current year; but such sums shall not exceed an amount equal to fifteen mills on the dollar according to the last revised assessment roll on the property liable to assessment in such district for ordinary school purposes with such additional amount as may be necessary to meet any debenture indebtedness that may have been incurred .and may be coming due. (2) For the purposes of this section any portion of a town district which is not within the limits of a municipality shall be deemed to be within the limits of the municipality and the provisions of The Municipal Ordinance or of any special Ordi- nance creating such municipality and any amendments thereto shall apply to such portion as if the same formed a part of the municipality. CO., c. 75, s. 120. [(3) In the event of a town district being situate partly within a town municipality and partly within a rural munici- pality for the purposes of this section the portion witldn the rural municipality shall be deemed to be within the town muni- cipality. (2) Any assessment heretofore made by any town munici- pality of any portion of the town district situate within a rural municipality shall be as valid as if made after the passing of this Ordinance.] 1903, 1st session, c. 21, s. 6. 1094 Portion ot town district outside to be deemed with! town municipality Validating assessments company may be assessed as supporter s. 93 (2) SCHOOL ASSESSMENT Cap. 105 24 90. Subject to the provisions of this Ordinance and of T/ie Property School Ordinance the property liable to assessment and taxation ass^issmen for school purposes shall be the property liable to assessment and taxation for municipal purposes. VILLAGE AND TOWN DISTRICTS. 91. The following sections numbers 92 and 93 shall apply to village and town districts only. 93. In cases where separate school districts have been separate school established whenever property is held by two or more persons '^'^^""'^ as joint tenants or tenants in common the holders of such ^^^^^^^^^j ^f property being Protestants and Roman Catholics they shall beJ°'"'°^»'"=" assessed in proportion to their interest in the property in the district to which they respectively are ratepayers. CO., c. 75, s. 127. 93. A company may by notice in that behalf to be given to separate school the secretary-treasurer of any municipality wherein a separate company !,■ school district is either wholly or in part situated and to the ''^ ''^^^'^^^'^ secretary of the board of any public school district in which a separate school has been established and to the secretary of the board of such separate school district require any part of the real property of which such company is either the owner and occupant or not being such owner is the tenant or occupant or in actual possession of and any part of the personal property if any of such company liable to assessment to be entered, rated and assessed for the purposes of said separate school and the proper assessor shall thereupon enter said company as a sepa- rate school supporter in the assessment roll in respect of the property specially designated in that behalf in or by said notice and so much of the property as shall be so designated shall be assessed accordingly in the name of the company for the purposes of the separate school and not for public school purposes but all other property of the company shall be separately entered and assessed in the name of the company as for public school purposes : Provided always that the share or portion of the property of P/°p™°;„^„^ ^? any company entered, rated or assessed in any municipality or 5har?^^^heid in in any school district for separate school purposes under the provisions of this section shall bear the same ratio and pro- portion to the whole property of the company assessable within the municipality or school district as the amount or proportion of the shares or stock of the company so far as the same are paid or partly paid up, held and possessed by persons who are Protestants or Roman Catholics as the case may be bears to the whole amount of such paid or partly pa,id up shares or stock of the company. (2) Anv such notice given in pursuant of a resolution in that Notice to be \ -*• J „, iii(»n "L continuiner behalf of the directors of the company shall for all purposes be deemed to be sufficient and every such notice so given shall be 1095 25 Cap. 105 SCHOOL ASSESSMENT S. 93 (2) Notice open to inspection Assessor to examine Fraudulent notice Penalty taken as continuing and in force and to be acted upon unless and until the same is withdrawn, varied or cancelled by any notice subsequently given pursuant to any resolution of the company or of its directors. (3) Every . such notice so given to such secretary-treasurer shall remain with and be kept by him on file in his office and shall at all convenient hours be open to inspection and exam- ination by any person entitled to examine or inspect the assessment roll and the assessor shall in each year before the completion and return of the assessment roll search for and examine all notices which may be on file in the clerk's office and shall thereujpon in respect of said notices if any follow and conform thereto and to the provisions of this Ordinance in that behalf. (4) False statements made in any such notice shall not relieve the company from rates. Any company fraudulently giving such notice or making false statements therein shall be liable to a penalty not exceeding $100. Any person giving for a company such a statement fraudulently or wilfully inserting in any such notice a false statement shall be guilty of an offence and liable on summary conviction to a like penalty. CO., c. 75, s. 128. MISCELLANEOUS. Separate school district Assessment of owner 94. In cases where separate school districts have been estabhshed where land is owned by a Protestant and occupied by a Roman Catholic or vice versa such land shall be assessed to the owner. CO., c. 75, s. 126. Commissioner of Education may declare district a village or town district 95. The [Commissioner of Education] may by order notice of which shall be published in the official gazette declare that for the purposes of this Ordinance and any assessment and taxa- tion thereunder any district shall be deemed to be a village or town district and thereafter all the provisions of this Ordinance relating to village and town districts respectively shall apply thereto and to any municipality within which any such district declared to be a town district is wholly or partly situated. 1903, 1st session, c. 21, s. 7. Lieutenant Governor in Council may adjust accounts between municipality and rural or village school 98. In the case of any district situated wholly or partly within the limits of any municipality which under the pro- visions of this or any other Ordinance becomes or is declared to be a rural or village district the Lieutenant Governor in Council may make such orders, provisions and appointments as to him may appear necessary for the adjustment, arrangement and settlement of all accounts between any such district and the municipality within which it is wholly or partly situated. EXECUTIONS AGAINST SCHOOL DISTRICTS. Execution 97. Any writ of execution against the board of any district may be endorsed with a direction to the sheriff to levy the 1096 s- 98 - SCHOOL ASSESSME,NT Cap. 105 26 amount thereof by rate; and the proceedings thereon, shall be direction to the following— =''""^ 1. The sheriff shall dehver a copy of the writ and endorse- Copy writ aad ment to the treasurer or leave such copy at the ofHce or dwelling trearrc"' '°' house of such officer with a statement in writing of the sheriff's fees and of the amount required to satisfy ' such execution including such amount of interest calculated to some day as near as is convenient to the day of service; 2. In case the amount with interest thereon from the day Nonpayment mentioned in the statement be not paid to the sheriff within shlrlffTo''' one month after the, service the sheriff shall examine the assess- tioL'^ralc'"'"' ment roll of such district and shall in like manner as rates are struck for general school purposes strike a rate on the dollar or on the acre as the case may be on the assessable property in the said district sufficient to cover the amount due on the execution with such addition to the. same as the sheriff deems sufficient to cover the interest and his own fees up to the time when such rate will probably be available; 3. He shall thereupon issue a precept or precepts under his sherisfs hand and seal of office directed to the said treasurer and shall frealu'e'" by such precept after reciting the writ and that the said board had neglected to satisfy the same command the said treasurer to levy or cause to be levied such rate at the time and in the manner by law required in respect to the general school rates : 4. At the time for levying the annual rate next after thecoiumnin receipt of such precept the treasurer shall add a column to the Le''vy°of rate tax roll in the said district headed "Execution rate of A.B. v. Board of School District " {or, as the case may be, adding a column for each execution if more than one) and shall insert therein the amount by such precept required to be levied upon each person respectively and shall levy. the amount of such execution rate as aforesaid; and such treasurer so soon as the amount of such execution or executions is collected shall R^t^.n of return to the sheriff the precept with the amount levied thereon . precept 5. The sheriff shall after satisfying the executions and aP Surplus fees thereon return any surplus within ten days after receiving the same to the said treasurer for the general purposes of the said district; 6. The treasurer shall for all purposes connected with carry- Treasurer ing into effect or permitting or assisting the sheriff to carry ° into effect the provisions of this Ordinance with respect to such executions be deemed to be an officer of the court out of which the writ issued and as such shall be amenable to the court and may be proceeded against by attachment, mandamus or otherwise in order to compel him to perform the duties hereby imposed upon him. CO., c. 75, s. 212. 98. In the foregoing section the word "treasurer" shall Treasurer mean — 1097 27 Cap. 105 SCHOOL ASSESSMENT S. 98 (1) 1. In the case of a village or rural district the treasurer of the school district; 2. In the case of a town district the secretary-treasurer of the municipality. CO., c. 75, s. 213. Absence of treasurer or refusal to act Sheriffs powers 99. In case of the absence of the treasurer of any village or rural district and the refusal or neglect of the board to appoint some other person in his place or in case of the refusal or neglect of the treasurer to comply with any of the provisions of section 97 hereof the sheriff upon application to a judge of the Supreme Court may be invested with full power and authority to assess, levy, collect and enforce payment in the same manner as assessors, collectors and treasurers are author- ised to do by this Ordinance of such sum or sums of money as may be required to pay and satisfy the execution or executions and all fees and legal expenses including such allowance for the costs, levy, collection and enforcement of payment as the judge may allow: Provided that any person may within one month from the date of the notice by the sheriff of assessment by him apply to the sheriff to revise such assessment in any respect as to which such person might have appealed to a court of revision and if the sheriff refuses such application appeal may be had to a judge of the Supreme Court on application to him within eight days after the sheriff's decision of which application notice in writing shall be given to the sheriff and on such application the judge may proceed as in the case of an appeal from a court of revision. CO., c. 75, s. 214. FORMS. 100. The several forms in the appendix to this Ordinance to suit the case or forms to the like effect shall be deemed good, valid and sufficient. Commence- meat 101. This Ordinance shall come into effect on the first day of January, 1902. 1098 Sched. SCHOOL ASSESSMENT Cap. 105 28 I— I CO s s o CO 1} o to "e s o o 03 U c3 (D >^ ID U O u o •-4 u fH c 12; i u H Z w s in < (papEUi aDiiou qoBa jailBua^^iJMaqox) vo S|Bi}rui s.AJEiaaaas aai;ou ;uauissassB ^ jSuipBUI JO a^EQ passassB .^ saJOB JO jaquinj^ Description of property (State scc'n township, range or number of lots, etc.. as case may be) 3 Post office address 2 Name of ratepayer (Enter name of owner and occupant if any. If owner is unknown enter unknown,) 1 d o c a s o I oj uo 'O^ — — o 5 rt rt b V u O S Rl -2 e « "J— . Si SiS ij ,"" 5 T3 ^ W 3^-° i W O "o*" o c IS u< « 3 «^ !. = S u ^ E rt In " _,X flJ u _ o:5 s c t., Jc bust; o ci^ .!2 cj-a 1*^ = "nig .— a; c -•3:5^ E u u c ;•.= P 1- rtT:=3 •2|.a S ...T3 • — ■ O Coo . U n'k H m IB '-C; O C c 5; Z ES^ ^^ ^ 1099 29 Cap. 105 SCHOOL assessment Sched. FORM B. For Rural Districts. ■ [Section 10 (2)]. ASSESSMENT NOTICE of The School District No of the N.W.T. To P.O. You are hereby notified that your name appears on the assessment roll of the above named school district for the year 190 . . as the owner (or occupant) of and that you are assessed for acres of land. You are further notified that if you object to this assessment you must appeal to the justiec of the peace nearest to my resi- dence within fifteen days after the posting of the assessment roll otherwise the assessment will stand. Dated at this day of 190.. Secretary (or Secretary-Treasurer.) Residence of Secretary {or Secretary-Treasurer) Sec. .Tp. . . R... M. .. FORM C. For Ratepayers in Rural Districts' {Section 11.) NOTICE OF APPEAL. To Justice of the Peace. P.O. 1100 Sched. SCHOOL assessment Cap. 105 30 You are hereby notified that I appeal from my assess- ment in the School District No of the N.W.T. for {description of property arid number of acres) on the ground that and that I wish to have this my appeal considered by you. (Signature) Dated at - this :-...■ day of.. 190... Note. — ^A fee of $2 must accompany this notice or be delivered to the justice of the peace if the notice is handed to him. FORM D. For Rural Districts. [Section 14 (3).] TAX NOTICE of The School District No., of the N.W.T. To P.O. You are hereby notified that you are assessed on the assessment roll of the above named school district for the year 190 . . f or . . . . . ... acres of land the taxes on which at the rate of cents per acre amount to $ ; and you are further notified that the arrears of taxes due by you to the said district amount to $ aiid you are required to pay the same forthwith. Treasurer (or Secretary-Treasurer.) Dated at this , day of 190... 1101 ;u Cap. 105 SCUOOL ASSESSMENT Sched. o H O o &2 Q C5 o C3 o Eh ^ o o o o o Secretary's Initials (To be written after each notice mailed.) c EE.H Total Value of Real and Personal Prrp- erty u «■ O rt ^ m u «■ Description of Per- sonal Property (Cattle, horses, etc., machinery, wagons, etc.; book accounts, debts, income, etc., etc.) " £ > o » Description of Real Property (Section, township, range, etc.. lot, block, etc., buildings etc.) e IS C u Dm Name of Ratepayer (Enter name of owner and occupant if any. If owner is unknown, enter "un- known.") o c re c 1 IFH "O -ON CM si 4J Q O c « S a. JIS CO "^ c.i U C gj CB K r; u **-■« u o (U > Jr > 15. S 1102 Sched. SCHOOL assessment Cap. 105 32 FORM F. For Village Districts {Section 36.) NOTICE OF SITTING OF COURT OF REVISION. NOTICE is hereby given that the assessment roll for The S.D. No. . of the N.W.T., has been completed and the same may be examined at and the board of trustees at the said school district will sit as a court of revision to hear assessment appeals at on the day of 190 . . , at the hour of o'clock . m., and no person who does not appear at the said time and place will be entitled to appeal from the decision of the said court of revision to a judge of the Supreme Court. Dated at this day of ..190.. Secretary. FORM G. For Village Districts. {Section 37.) ASSESSMENT NOTICE of The School District No. . .of the N.W.T. To P.O. You are hereby notified that your name appears on the assessment roll of the above named school district for the year 190. .as the owner {or occupant) of the following property {give description of property) which is assessed at $ The board of trustees of the said district will sit as a court of revision {mention day, hour and place at which court of revision is to be held) and if you consider that you have been wrongly assessed as above stated you will have an opportunity to make a statement of your case before the said court. 1103 33 Cap. 105 scHooii assessment Sched.. TAKE NOTICE that if you. do not give notice in writing of appeal to the secretary of the board five days previous to the sitting of the court of revision and if you do not appear before the said court either in person or by agent you will not be entitled to appeal from its decision to a judge of the Supreme Court. Secretary. Dated at thif- dav of ...190... FORM H. For Ratepayers in Village Di&lricts. {Section 38.) NOTICE OF APPEAL. To : Secretary of School District, .P.O. You are hereby notified that I object to my assessment in The School District No .... of the N.W.T., on the ground that and that I wish to have my appeal considered by the court of revision. {Signature) ,. Dated at this : . . . dav of 190. .. 1104 Sched. SCHOOL assessment Cap: 105 FORM I. For Village Districts. {Section 39.) NOTICE TO PARTY WHOSE ASSESSMENT IS APPEALED AGAINST. To... P.O. Take notice that you are required to attend the court of revision for the , . .S.D. No of the N.W.T. to be held (jgive day, hour, place of sitting of the court) in the matter of the complaint by applicant that you are assessed too high {or too low or not a bona fide ratepayer or as the case maybe.) Secretary. FORM J. For Ratepayers in Village Districts (Section 41.) NOTICE OF APPEAL. (From decision of court of revision.) To. Secretary .... . School District. You are hereby notified that I appeal to a judge of the Supreme Court from the decision of the court of revision of The School District No... of the N.W.T. with respect to my assessment in the said district for {give description of property and assessed value.) on the ground that {state grounds of appeal) . {Signature) . Dated at . . . this day of 190... RR 1105 34 35 Cap. 105 S'^HOOL ASSESSMENT Sche.d o 05 CD 1-1 o o 05 O o o o O Q 02 •^ « CO « ■i:) S ^ Cri -4-3 53 «*-( • ^ o O C Treasurer's Initials (To be written after each notice mailed.) K H u Amount of Taxes tor Current Year -oh § Assessed Value of Real and Personal Property '^ «• Name of Ratepayer ! (As shown on As- Post Office sessment Roll. If Address owner is iniknown enter "unknown.") [Ioj£ uo ■OM 1 1106 Sched. For Village Districts. {Section 44.) The, To.. . SCHOOL ASSESSMENT Cap. 105 FORM L. TAX NOTICE. School District No ... of the N.W.T. 36 .P.O. You are hereby notified that you are assessed on the assessment roll of the above named school district for the year 190. .for property valued at $ the taxes on which at mills on the dollar amount to $ ; and you are further notified that the arrears of taxes due by you to the said district amount to I and you are required to pay the same within thirty days after the date of this notice. Dated at. this Treasurer. .day of .190... For Village Districts. {Section 58.) FORM M. LIST OF LANDS in The School District No of the N.W.T. to be sold for taxes as authorised by The School Assessment Ordinance. Description of Property (Give full and accurate description ot property sufficient for reg^istra- tion.) Arrears of taxes Cost of Adver- tising Fee under Ordinance Total charg'e ag-ainst each parcel 1107 Cap. 105 SCHOOL ASSESSMENT Sched. NOTICE is hereby given that unless the arrears of taxes and costs as shown in the above list are sooner paid I will on the day of 190 . . . , at the hour of . . . o'clock . m. at (give place of sale) proceed to sell the lands shown in the above list in respect of which the said arrears and costs are payable. Date of first insertion in newspaper 190..., Treasurer. FORM N. For Village Districts. {Section 58.) Notice for insertion in Gazette. NOTICE. Notice is hereby given that on the day of at the hour of at {give name of place in particular) there will be offered for sale by public auction in accordance with the terms and provisions of The School Ordinance providing for the sale of lands for arrears of school taxes certain lands situated in township range . . . . , west of the meridian, being part of the lands forming {give name of school district) particulars regarding which lands may be found in tlie issues of {give name, dates and place of issue of newspaper.) Treasurer. P.O. Address: FORM 0. For Village Districts {Section 69.) TREASURER S CERTIFICATE This is to certify that at a sale of land for taxes due to The School District No. . . .of the N.W.T., held under the provisions of The School Asses.'- Extraordin- ary resolution Special resolution 1. "Company" shall mean any company or association to which this Ordinance is applicable; 2. "Court" shall mean the Supreme Court of the North- West Territories, and any judge of the Court may at any time whether sitting in chambers or in court exercise all the powers conferred by this Ordinance upon the Court; 3. "Contributory" shall mean any person Uable to contribute to the assets of a company under this Ordinance in the event of the same being wound up, and in all proceedings prior to the final determination of such persons any person alleged to be a contributory, and shall also include the personal representative or representatives of any such person; 4. "Extraordinary resolution" shall mean a resolution passed by a majority of not less than three-fourths of such members of the company for the time being entitled to vote as may be present in person, or by proxy in cases where by the Ordinance or charter or instrument of incorporation or the regulations of the company proxies are allowed, at any general meeting of which notice specifying the intention to propose such resolution has been duly given; 5. "Special resolution" shall mean a resolution passed in the manner necessary for an extraordinary resolution where the resolution after having been so passed as aforesaid has been confirmed by a majority of such members entitled according to the Ordinance, charter or instrument of incorporation or the regulations of the company to vote as may be present, in per- son or b^' jiiox^-, at a subsequent general meeting of which 1130 S. 7 (1) COMPANIES AVINDING UP Cap. Ill 2 notice has been duly given and held at an interval of not less than fourteen days nor more than one month from the date of the meeting at which the resolution was first passed ; 6. "Members" shall mean those persons only who for the time Members being are entitled to vote at general meetings of the company. APPLICATION OF ORDINANCE. 3. This -Ordinance shall apply to all incorporated companies Application of or associations incorporated by the Legislature of the Territories °"^''''"""' or under the authority of any Ordinance of the Territories. WHEN COMPANIES MAY BE WOUND UP. 4. A company may be wound up under this Ordinance — 1. Where the period, if any, fixed for the duration of the when company by the Ordinance, charter or instrument of incorpora- mS''te'wound tion has expired; or where the event, if any, has occurred upon "" ™'""*''"'y the occurrence of which it is provided by the Ordinance or charter or instrument of incorporation that the company is to be dissolved and the company in general meeting has passed a resolution requiring the company to be wound up; 2. Where the company has passed a special resolution requir- ^goiiJtfo'n ing the company to be wound up ; 3. Where the company though it may be solvent as respects On _^^ . creditors has passed an extraordinary resolution to the effect resolution that it has been proved to the satisfaction of the members thereof that the company cannot by reason of its liabilities continue its business and that it is advisable to wind up the same. 5. "Where no such resolution has been passed as mentioned when by in the next preceding section, the Court may, on the applica- court ° tion of a contributory, make an order for winding up in case the Court is of opinion that it is just and equitable that the company should be wound up. 6. A winding up shall be deemed to commence at the time commence- of the passing of the resolution authorising the winding up or Ending up the making of the order directing the winding up as the case may be. CONSEQUENCES OF COMMENCING TO WIND UP. 7. The following consequences shall ensue upon the cop- Consequences^^ mencement of the winding up of a company under the authority to wind up of this Ordinance : 1. The company shall, from the date of the commencement ,of the winding up, cease to carry on its business, except in so far as may be required for the beneficial winding up thereof; 1131 Cap. Ill L'OilPANIES WINDIXG UP s. 7 (1) Property of company Extent to and any transfers of shares, except transfers made to or with ^'"ICh '^. PIT*! ••! company to the sanction or the hquidator.s, or any alteration m the status exist ;ifter / ./ commence- of the membei's of the company, after the commencement of the wfiJding winding up, shall be void, but the corporate existence and all the corporate powers of the company shall, notwithstanding it may be otherwise provided by the Ordinance, charter or instru- ment of incorporation, continue until the affairs of the corn- pan 3' are wound up; 2. Subject to the provisions of section 10 hereof the property of the company shall be applied in satisfaction of its liabilities pari passu; and subject thereto and to the charges incurred in winding up its affairs shall, unless it is otherwise provided by the Ordinance, charter or instrument of incorporation, be dis- tributed amongst the members according to their rights and interests in the company; 3. The company in general meeting, or in default thereof the Court., shall appoint such persons or person as the company or Court thinks fit to be liquidators or a liquidator for the purpose of winding up the affairs of the company and distri- buting the property and may fix the remuneration to be paid to them or to him, and they or he shall give such security as the contributories or the Court may determine; 4. If one person only is appointed liquidator all the pro- visions herein contained in reference to several liquidators shall apply to him; 5. Upon the appointment of liquidators all the powers of the directors shall cease except in so far as the company in general meeting, or the liquidators, may sanction the continu- ance of such powers; (). Where several liquidators are appointed every power hereby given may be exercised by such one or more of them as may be determined at the time of the appointment, or at a subsequent meeting of the company, or in default of such deter- mination, by any number of the liquidators not less than two; 7. The members of the company may at any meeting appoint one or more inspectors to superintend and direct the proceed- ings of the liquidators in the management and winding up of the estate; and in case of an inspector or inspectors being appointed all the powers of the liquidator shall be exercised subject to the advice and direction of such inspector or inspect- tors; and the members of the company may also at any sub- sequent meeting held for that purpose revoke any such appoint- ment; and upon such revocation or in case of death, resigna- tion or absence from the Territories of an inspector, may appoint another in his stead; and such inspector may be paid such remuneration as the members of the company may determine; One inspector 8. If One pcrsou Only is appointed inspector or if by reason of death, resignation, absence from the Territories or otherwise there is only one inspector all the provisions herein contained in reference to inspectors shall apj^ly to such sole inspector; 113-2 Appointment of liquidators Remuneration Security One liquidator Powers of directors to cease Powers of several liquidators Appointment of inspectors Revocations Remuneration s. 8 (^0) COMPANIES WINDING UP Cap. Ill 4 9. The memberri of the company may at any meeting pass Directions any resolution or order directing the liquidators how to dispose of property of of the property, real or personal, of the company; and in default by'^j-qSaafion of their doing so the liquidators shall be subject to the direc- tions, orders and instructions which they from time to time receive from the inspectors, if any, with regartl to the mode, terms and conditions on which they may dispose of the whole or any part of the property of the company. GENERAL POWEK.S OF LDUIDATORS. 8. The liquidators may be described in all proceedings by description the style of "A. B., and C. D., the hquidators of (the particular ppwer oi company in respect of xvhicli they are appointed)," and shall "^"' ''*°'^ have power to do the following things: 1. To bring or defend any action, or other legal proceeding Bnng actions in the name and on behalf of the company; 2. To carry on the business of the company so far as may beg^^r^^™ necessary for the beneficial winding up of the same; 3. To sell the real and personal property of the company by Seii property public auction or private contract, according to the ordinary mode in which such sales are made, with power to transfer the whole property to any person or company, or to sell the same in parcels, and on such terms as shall seem most advantageous ; but no sale of the assets en bloc shall be made without the previous sanction of the contributories given at a meeting called for that purpose; 4. In case, after having acted with due diligence in the col- saie of debts lection of the debts, the liquidators find that there remain debts due the attempt to collect which would be more onerous than beneficial to the estate, they shall report the same to the members of the company or inspectors, if any; and with their sanction the liquidators may sell the same by public auction after such advertisement thereof as the members of the com- pany or the inspectors, if any, may order; and pending such advertisement the liquidators shall keep a list of the debts to be sold, open to inspection at their office, and shall also give free access to all documents and vouchers explanatory of such debts; but all debts amounting to more than $100 shall be sold separately except as herein otherwise provided; 5. To draw, accept, make and indorse any bill of exchange d,.^^^ etc., or promissory note in the name and on behalf of the company; ^iUs and notes and to raise upon the security of the assets of the company, from time to time, any requisite sum or sums of money; and the drawing, accepting, making or indorsing of such bill of exchange or promissory note on behalf of the company shall have the same effect with respect to the liability of the com- pany as if such bill or note had been drawn, accepted, made or indorsed by or on behalf of the company in the course of carry- ing on the business thereof; 1133 Cap. Ill COMPANIES WINDING UP 8(6) Take out letters of administra- tion to estate of deceased contributories and collect debts Execute deeds Other things Company's seal 6. To take out, if necessary, in their official name, letters of administration to the estate of any deceased contributory; and to do in their official name any other act which may be necessary for obtaining payment of any money due from a contribu- tory or from his estate, and which act cannot be conveniently done in the name of the company; and in all cases where the liquidators take out letters of administration, or otherwise use their official name for obtaining payment of any money due from a contributory, such money shall for the purpose of enabling them to take out such letters or recover such money be deemed to be due to the liquidators themselves; 7. To execute in the name of the company all deeds, transfers, discharges, assignments, receipts and other documents; 8. To do and exercise all other acts and things that may be necessary for the winding up of the affairs of the company and the distribution of its assets; and for such purposes to use when necessary the company's seal. Liquidators may distribute assets after expiration of time fixed Time for 9. The liouidators may fix a certain day on or before which creditors j. »/ ^ to send in claim creditors of the company and others having claims thereon are may e xe ^^ gend lu their claims. (2) Such day shall not be less than two months from the first publication of notice thereof. (3) Where liquidators have given notice of the said day by publication in an issue of a newspaper published at or nearest to the chief place of business of the company, in each of the first four weeks of said two months, the liquidator shall, at the expiration of the time named for sending in such claims be at liberty to distribute the assets of the company, or any part thereof, amongst the parties entitled thereto having regard to the claims of which the liquidators have then notice and the liquidators shall not be liable for the assets, or any part thereof, so distributed to any person of whose claim such Uquidators had not notice at the time of distributing the said assets, or part thereof, as the case may be ; but nothing in this Ordinance contained shall prejudice the right of any creditor or claimant to follow assets into the hands of the person who may have received the same. Priority of 10. lu distributing the assets of a company under the pro- wages or saiai y yig^Qjjg gf ^jjjg Ordinance the Uquidator shall pay in priority to the claims of the ordinary or general creditors of the company the wages or salary of all persons other than directors in the employment of the company at the time of the making of the winding up resolution or order, or within one month before the making thereof not exceeding three months' wages or salary, and such persons shall be entitled to rank as ordinary or general creditors of the company for the residue, if anj', of their claims. Arrangements H. The Uquidators may, with the sanction of an extra- "uthoiised Ordinary resolution of the company, or of the Court, make with creditors 1 -. c\t s. 13 (b) COMPANIES WINDING iTP Cap. Ill 6 such compromise or other agreement as the.y deem expedient, with any creditors, or persons claiming to be creditors, or persons having or alleging to have any claim, present or future, certain or contingent, ascertained or sounding only in damages, against the company, or whereby the company may be ren- dered liable. 13. The Hquidators may, with the sanction of an extra- Powei to ordinary resolution of the company, or of the Court, compromise wi^^'Tebtos all calls and liabilities to calls, debts and Uabilities capable of c?ntributories resulting in debts, and all claims whether present or future, certain or contingent, ascertained or sounding only in damages, subsisting or supposed to subsist between the company and any contributory or other debtor or person apprehending hability to the company, and all questions in any way relating to or affecting the assets of the company, or the winding up of the company, upon the receipt of such sums, payable at such times, and generally upon such terms as may be agreed upon; with power for the hquidators to take any security for the discharge '^'''"'^«''""'^' of such debts or liabilities, and to give a complete discharge in respect of all or any such calls, debts or liabilities. 13. Where a company is proposed to be or is in the course Power to of being wound up, and the whole or a portion of its business ttc-t^as a '"^''^' or property is proposed to be transferred or sold to another fOTlluf of '°" company, the liquidators of the first mentioned company with She*/ *° the sanction of a special resolution of the company by whom """^p'^'^y they were appointed conferring either a general authority on the hquidators, or an authority in respect of any particular arrangement, may receive in compensation or in part compen- sation for such transfer or sale shares or other like interest in such other company, for the purpose of distribution amongst the members of the company which is being wound up, or may, in lieu of receiving cash, shares, or other like interests, or in addition thereto, participate in the profits of or receive any other benefit from the purchasing company. (2) Any sale made or arrangement entered into by the liQui- saie^or^^^^^^ dators in pursuance of this section shall be binding on the by liquidators members of the company which is being wound up, subject a'Siember"'"'^^ to the proviso that if any member of the company which is°''J«''*' being wound up, who has not voted in favour of such special resolu- tion passed by the company of which he is a member, at either of the meetings held for passing the same, expresses his dissent from any such special resolution, in writing, addressed to the P™^««?dings ^ liquidators or one of them, and left at the head office of the company not later than seven days after the date of the meet- ing at which such special resolution was passed, such dissentient members may require the hquidators to do one of the following things as the liquidators may prefer, that is to say, either — (a) To abstain from canying such resolution into effect, or (b) To purchase the interest held by such dissentient mem- ber at a price to be determined in manner hereinafter 1135 Cap. Ill CO.MPAXIES "WINDING UP 13(b) Special resolution not invalid because prior to resolution to wind up Piice payable to objecting member Mode of determining piice Arbitration Majority to determine disputes Umpire mentioned, such purchase monej^ to be paid before the company is tlissolved, and to be raised by the Uquidators in such manner as may be determined by special resolution. (3) No special resolution shall be deemed invalid for the purposes of this section by reason that it is passed antecedently to or concurrently with any resolution for winding up the com- pany or for appointing liquidators. (4) The price to be paid for the purchase of the interest of any dissentient member may be determined by agi'eement but if the parties dispute about the same such dispute shall be settled by arbitration. (5) For the pm-poses of the arbitration the liquidators shall appoint one arbitrator and the dissentient member shall appoint another and the two arbitrators thus chosen or in case they disagree the Court shall appoint a third arbitrator. (6) The arbitrators thus chosen, or any two of them, or the arbitrator of one party and an arbitrator appointed by the Court in case of the refusal or neglect of either party to appoint an arbitrator shall finalh' determine the matter in dispute. (7) In case of the disagi'eement of two arbitrators, where two only are acting, the}' may appoint an umpire whose award shall be conclusive. Ll.VBILITY OF CONTRIBUTORIES. Liquidators to settle list of 14. As soon as shareholders liability to contribute may be after the conmiencement of the rantributories \\-inding up of a company the liquidators shall settle a list of contributories. (2) Every shareholder or member of the companj^ or his representative is liable to contribute the amount unpaid on his shares of the capital, or on his liability to the company or to its members or creditors, as the case may be, under the Ordi- nance, charter or instrument of incorporation of the company; and the amount which he is liable to contribute shall be deemed assets of the company and to be a debt clue to the company payable as may be directed or appointed under this Ordinance. (3) Where a shareholder has transferred his shares under circumstances which do not by law free him from liability in respect thereof, or where he is by law liable to the company or its contributories or any of them to an amount beyond the amount unpaid on his shares, he shall be deemed a member of the company for the purposes of this Ordinance and shall be liable to contribute as aforesaid to the extent of his liabilities to the company or the contributories independently of this Ordinance and the amount which he is so Uable to contribute shall be deemed assets and a debt as aforesaid. iiabie'ii"!"''''^ C"^' "The list of contributories shall distinguish between per- lepiesentative gons \\'ho are coutributorles as being rei^rescntatives of or liable character to be „ . o i distinguished tor OthcrS. 1136 Case of transfer of shares by shareholders s. 17 COMPANIES WINDING UP Cap. Ill 8 (5) Any list so settled shall be vrima facie evidence of the i^^?* '" ^^ , GVldGIlCC Oi liability of the persons named therein to be contributories. liability 15. The list of contributories may be settled by the Court settlement in which case the liquidators shall make out and leave at the court chambers of the judge a list of the contributories of the com- pany; and such list shall be verified by the affidavit of the liquidators or one of them and shall, so far as is practicable, state the respective addresses of, and the number of shares or extent of interest to be attributed to each such contributory, and distinguish the several classes of contributories; and the list may from time to time by leave of the judge be varied or added to by the Uquidators. (2) Upon the list of contributories being left at the chambers Procedure on of the judge, the Hquidators shall obtain an appointment f or by thTcJfurt the judge to settle the same, and shall give notice in writing of the appointment to every person included in the list, and stating in what character and for what number of shares, or interest, such person is included in the list; and in case any variation in or addition to the list is at any time made by the liquidators, a similar notice in writing shall be given to every person to whom the variation or addition applies; all such notices shall be served four clear days before the day appointed to settle such list, or such variation or addition. (3) The result of the settlement of the list of contributories certificate of shall be stated in a certificate by the clerk or registrar of thealttiement Court; and certificates may be made from time to time for the purpose of stating the result of the settlement down to any particular time, or to any particular person, or stating any variation of the list. 16. If a person made a contributory as personal repre- Provision ,^^^^_ sentative of a deceased contributory makes default in paying tion if personal any sum to be paid by him proceedings may be taken tor fails to pay administering the estate of the deceased contributory and for compelling payment thereout of the money due. 17. The liquidators may, at any time and before they have c^^^i^s^™ ^^^.^^ ascertained the sufficiency of the assets of the company, call on all or any of the contributories, for the time being settled on the list of contributories, to pay, to the extent of their liability, all or any sums the liquidators deem necessary to satisfy the debts and liabilities of the company and the costs, charges and expenses of winding it up, and for the adjustment of the rights of the contributories amongst themselves; and the liquidators may, in making a call, take into consideration the probability that some of the contributories upon whom the call is made may partly or wholly fail to pay their respective portions of the same. SS 1137 Cap. Ill COMPANIES WINDING UP S. 18 LIQUIDATORS DUTIES. Employment of counsel Liquidators or inspectors not to purchase assets of company Deposit in bank by liquidators Separate deposit account to be kept Withdrawal from account Liquidators to produce bank pass book at meetings, etc. Liquidators to produce bank pass book when ordered Liquidator and inspector to be subject to summary jurisdiction Obedience how enforced 18. Liquidators shall not employ any advocate without the consent of the inspectors, or of the members of the company. (2) No liquidator or inspector shall purchase, directly or indirectly, any part of the stock in trade, debts or assets of any description of the estate. (3) The liquidators shall deposit at interest in some chartered bank, to be indicated by the inspectors or by the Court, all sums of money which they may have in their hands belonging to the company whenever such sums amount to $100. (4) Sueh deposits shall not be made in the name of the liquidators generally, on pain of dismissal; but a separate deposit account shall be kept for the company of the moneys belonging to the company, in the name of the Uquidators as such, and of the inspectors, if any; and such moneys shall be withdrawn only on the joint cheque of the liquidators and one of the inspectors, if there be any. (5) At every meeting of the members of the company the liquidators shall produce a bank pass book showing the amount of deposits made for the company, the dates at which the deposits were made, the amounts withdrawn and dates of such withdrawal; of which production mention shall be made in the minutes of the meeting, and the absence of such mention shall be prima facie evidence that the pass book was not produced at the meetings. (6) The liquidators shall also produce the pass book when- ever so ordered by the Court at the request of the inspectors or a member of the company, and on their refusal to do so they shall be treated as being in contempt of Court. (7) Every liquidator or inspector shall be subject to the summary jurisdiction of the Court in the same manner and to the same extent as the ordinary officers of the Court are subject to its jurisdiction; and the performance of his duties may be compelled, and all remedies sought or demanded for enforcing any claim for a debt, privilege, mortgage, lien or right of property upon, in, or to any effects or property in the hands, possession or custody of a liquidator, may be obtained by an order of the Court on summary application, and not by any action, attachment, seizure or other proceeding of any kind whatever; and obedience by a liquidator to such order may be enforced by the Court under the penalty of imprisonment as for con- tempt of Court or disobedience thereto; or he may be removed in the discretion of the Court. EXPENSES. Costs and expenses 19. All costs, charges and expenses properly incurred in the \vinding up of a company, including the remuneration of the liquidators, shall be payable out of the assets of the company in priorit)- to all other claims. 1138 s. 21 (6) COMPANIES WINDING UP Cap. Ill 10 30. In case of there being no agreement or provision fixing Remuneration the remuneration of the hquidators they shall be entitled to afiSno*"'' commission on the net proceeds of the estate of the company of °*''^'' ^^^'^ every kind after deducting expenses and disbursements, such commission to be five per cent, on any amount realised not exceeding $1,000, the further sum of two and a half per cent. on any amount realised in excess of $1,000 and not exceeding $5,000, and a further sura of one and a quarter per cent, on any amount realised in excess of $5,000; which said commission shall be in lieu of all fees and charges for their services. MEETINGS. 31. If a vacancy in the office of Hquidators appointed by Fining, the company occurs by death, resignation or otherwise, aoSof '° general meeting for the purpose of filUng up the vacancy may "''"'''^*°'' be convened by the Hquidator or liquidators, if any, or if not, then by any member of the company. (2) The Hquidators may from time to time, during the con- General tinuance of the winding up, summon general meetings of the^urlSg^^ company for the purpose of obtaining the sanction of the com- '"""^'"^ "^ pany by special resolution or extraordinary resolution, or for any other purpose they think fit. (3) In the event of the winding up continuing for more than Annual one year the liquidators shall summon a general meeting of^^^''"*' the company at the end of the first year and of each succeeding year from the commencement of the winding up, or as soon thereafter as may be convenient; and shall lay before the meeting an account showing their acts and dealings and the manner in which the winding up has been conducted during the preceding year. (4) The liquidators shall also call meetings of the members of ^ijf ^retinls" the company whenever required in writing so to do, by the «* members ot inspector or five members of the company or by the Court, and they shall state succinctly in the notice calling any meeting the purpose thereof. (5) The members of the company may, from time to time at subsequent any meeting, determine where subsequent meetings shall be™^^*™^'' held and in the absence of such a resolution all meetings of the members of the company shall be held at the office of the where liquidators or of the company, unless otherwise ordered by thcbl^he'id^'' ° Court. (6) Notice of any meeting shah for the purposes of this One mode of Ordinance be deemed to be duly given, and the meeting to be of'^iet^T^ duly held, whenever the notice is given, and meeting held in manner prescribed by the Ordinance, charter or instrument of incorporation or by the regulations of the company, or by the Court; or notice of the meeting may be given by pubHcation thereof for at least two weeks in the official gazette, or by Another mode such other or additional notice as the court, or the inspectors meetiig^° 1139 11 Cap. Ill COMPANIES WINDING UP S. 21 (6) Voting to be ia person or by proxy or the company may direct, and, except where the Court other- wise directs, by addressing notices of the meeting to the con- tributories within the Territories, and to the representatives within the Territories of contributories who reside out of the Territories; and the notices shall be posted at least ten days before the day on which the meeting is to take place, the postage being prepaid by the liquidators. (7) No member of the company shall vote at any meeting unless present personally, or represented by some person having a written authority to be filed with the liquidators to act on his behalf at the meeting, or generally; and when a poll is taken reference shall be had to the number of votes to which each member is entitled by the Ordinance, charter or instru- ment of incorporation or the regulations of the company. ASSISTANCE OF THE COURT. Applications to the Court Stay of action against com- pany before order to wind up. 33. The hquidators or any member of the company may apply to the court to determine any question arising in the matter of the winding up ; or to exercise all or any of the powers following; and the Court, if satisfied that the determination of the question, or the required exercise of power, will be just and beneficial, may accede wholly or partially to the applica- tion on such terms and subject to such conditions as the Court thinks fit; or it may make such other order on the appUcation as the Court thinks just. (2) The court at any time after the issue of a summons for winding up a company and before making an order for winding up a company, may restrain further proceedings in any action or proceeding against the company other than under any other authority over which the Legislati^'e Assembly of the Territories has no jurisdiction in and upon such terms as the Court thinks fit. (3) The Court ma)^ make an order that no action or other proceedings shall be proceeded with or commenced against the company except with the leave of the Court, and subject to such terms as the Court may impose, and a copy of such order shall forthwith be advertised as the Court may direct; but this sub- section shall not apply to proceedings under any Act of the Parliament of Canada under its jurisdiction in matters of bank- ruptcy and insolvency or otherwise. (4) The Court may settle the list of contributories. (5) The Court may direct any meeting of the members of the company to be summoned, held and conducted in such manner as the Court thinks fit for the purpose of ascertaining their wishes and may appoint a person to act as chairman of any such meeting and to report the result of such meeting to the Court. deivlT°h '■^^ '^^^ Court may require any contributory for the time contributories being Settled ou the list of contributories, or any trustee, re- and others of T 1 zl A property, etc. 11 4U Stay of action after com- mencement of winding up Settlement of list of contri- butories Meetings of members of company may be ordered Chairman s. 22 (13) COMPANIES WINDING UP Cap. Ill 12 ceiyer, banker, or agent or officer of the company, to pay, deliver, convey, surrender or transfer forthwith, or within such time as the Court directs, to or into the hands of the liquidators, any sum or balance, books, papers, estate or effects which happen to be in his hands for the time being and to which the company is prima facie entitled. (7) The Court may make an order on any contributory for Order for the time being settled on the list of contributories directing »ntributories payment to be made, in manner in the order mentioned, of moneys due from him or from the estate of the person whom he represents, to the company, exclusive of moneys which he or the estate of the person whom he represents may be liable to contribute by virtue of any call made or to be made by the Court in pursuance of this Ordinance. (8) The Court may order any contributory, purchaser or Power to order other person from whom money is due to the company to pay Tba^fto °*° the same into any bank appointed for the purpose in anyofficiif °^ general order made under this Ordinance, or in default of such ''■'"idator bank into a bank named in the order, or into a branch of such bank, to the account of the liquidators instead of to the liqui- dators, and the order may be enforced in the same manner as if it had directed payment to the liquidators. (9) An order made by the Court in pursuance of this Ordi- Order on nance upon any contributory shall, subject to the provisions tobrcondusive herein contained for appealing against such order, be conclusive ll^o^efi^'"'^^^ evidence that the moneys, if any, thereby appearing to be due, deceased or ordered to be paid, are due; and all other pertinent matters stated in the order are to be taken to be truly stated as against all persons and in all proceedings whatsoever. (10) The Court may make such order for the inspection by inspection the creditors and contributories of the company of its books and papers as the Court thinks just; and any books and papers in the possession of the company may be inspected in conformity with the order of the Court, but not further or otherwise. (11) The Court may, at any time after the commencement of Examination the winding up of the company, summon to appear before the before'^TOurt or Court or liquidators any officers of the company, or any other '''^""^''*°'' person known or suspected to have in his possession any of the estate or effects of the company, or supposed to be indebted to the company, or any person whom the Court may deem capable of giving information concerning the trade, dealings, estate or effects of the company; and in case of refusal to appear or answer the questions submitted he may be committed and punished by the judge as for a contempt. (12) The Court may require any such officer or person to Production of produce any books, papers, deeds, writings, or other documents in his custody or power relating to the company. (13) If any person so summoned, after being tendered the Penalty on fees to which a witness is entitled in the Court, refuses to come m"ned n™" before the Court or liquidators at the time appointed, having ''"^°'^'°^ 1141 13 Cap. Ill COMPANIES WINDING UP s. 22 (13) Mode of examination Subpoenas Liens Power of .Court to assess damages against delinquent directors, etc. no lawful impediment, the Court may cause such person to be apprehended and brought before the Court or liquidators for examination. (14) The Court or Uquidators may examine upon oath any person appearing or brought before them in the manner afore- said concerning the affairs, dealings, estate or effects of the company, and may reduce into writing the answers of every such person and require him to subscribe the same. (15) In any proceeding under this Ordinance the Court may order a writ of subpcena ad testificandum or of subpoena duces tecum to issue commanding the attendance as a witness of any person within the limits of the Territories. (16) "Where any person claims a lien on papers, deeds or writings or documents produced by him such production shall be without prejudice to the lien; and the Court shall have jurisdiction in the winding up to determine all questions re- lating to such lien. (17) "Where in the course of winding up a company under this Ordinance it appears that any past or present director, manager, liquidator or any officer of the company has mis- applied or retained in his own hands or become liable or accountable for moneys of the company, or been guilty of any misfeasance or breach of trust in relation to the company the Court may, on the application of a liquidator or of any contri- butory of the company, notwithstanding that the offence is one for which the offender is criminally responsible, examine into the conduct of such director, manager, liquidator or other officer, and compel him to repay the moneys so misapplied or retained, or for which he has become liable or accountable together with interest at such rate as the Court thinks just, or to contribute such sums of money to the assets of the company by way of compensation in respect of such misapphcation, retainer, misfeasance, or breach of trust, as the Court thinks just. b™crafribu^- ^^' ^^ ^^ ^"^y ^'"^^ ^ member of the company desires to tories at tiieir cause any proceeding to be taken which, in his opinion, would andfortiieir bc for the benefit of the company, and the liquidators, with or own benefit ^jthout the authority of the members of the company or of the inspectors, refuse or neglect to take such proceeding, after being duly required so to do, such member of the company shall have the right to obtain an order of the Court, authorising him to take such proceeding in the name of the liquidators or company, but at his own expense and risk, upon such terms and conditions as to indemnity to the liquidators as the Court many prescribe : and thereupon any benefit derived from such pro- ceeding shall belong exclusively to the member of the company instituting the same, for his benefit and that of any other mem- ber of the company who may have joined him in causing the institution of such proceeding; but if, before such order is granted the liquidators signify to the Court their readiness to institute 1142 s. 26 (2) COMPANIES WINDING UP Cap. Ill 14 such proceeding for the benefit of the company, an order shall be made prescribing the time within which they shall do so and in that case any advantage derived from such proceeding shall appertain to the company. 34. If from any cause there is no liquidator acting either Appointment provisionally or otherwise the Court may, on the appUcation Qf^^^""'' a member of the company, appoint a liquidator or liquidators. (2) The Court may also on due cause shown remove a liqui- uqSto"^ dator and appoint another liquidator. (3) "\Mien there is no liquidator the estate shall be under the J'^^dttor ^ "° control of the Court until the appointment of a new liquidator. 35. Any one or more members of the company whose shares Rescinding of therein in the aggregate exceed $500, who may be dissatisfied bTttecSurt'^' with the resolution adopted or orders made by the members of the company or the inspectors, or with any action of the liqui- dators for the disposal of the property of the company, or any part thereof, or for postponing tbe disposal of the same, or with reference to any matter connected with the management or winding up of the estate, may, within four clear days after meeting of the members of the company in case the subject of dissatisfaction is a resolution or order of the members of the company or within four clear days after becoming aware or having notice of the resolution of the inspectors or action of the liquidators where such resolution or action is the subject of dissatisfaction, give to the Uquidators notice that he or they will apply to the Court, on the day and at the hour fixed by such notice not being later than four clear days after such notice has been given or as soon thereafter as the parties may be heard before the Court, to rescind such resolutions or orders. (2) The Court, after hearing the inspectors, the liquidators c°^fi™fJ2°of and members of the company present at the time and place so resolutions, etc. fixed, may approve, rescind or modify the said resolutions or orders. (3) In case of the application being refused the party apply- "^"^'^ ing shall pay all costs occasioned thereby, and in other cases the costs and expenses shall be in the discretion of the Court. 36. Any party who is dissatisfied with any order or decision '^^''^'''' of the Court in any proceeding under this Ordinance may appeal therefrom to the Court en banc. (2) No such appeal shall be entertained unless the appellant ifn'J^^'e^3i°^d has, within eight days after Lhe renderiijg of such order or'^o^*^ decision, taken proceedings on the said appeal in accordance with the rules of the Court in respect to appeals from final judgments nor unless within the said time he has given security by way of deposit or otherwise to the satisfaction of the Court that he will duly prosecute the said appeal and pay such damages and costs as may be awarded to the respondent. 1143 15 Cap. Ill COMPANIES WINDING UP s. 26 (3; Dismissal of appeal Judgment final (3) If the party appellant does not proceed with his appeal according to the law or the rules of practice the Court, on the appli- cation of the respondent, may dismiss the appeal and condemn the appellent to pay the respondent the costs by him incurred. (4) The judgment of the Court en banc on such appeal shall be final. Powers of Court to be in addition to other powers 21. Any powers by this Ordinance conferred on the Court shall be deemed to be in addition to any other power of insti- tuting proceedings against any contributory, or against any debtor of the company for the recovery of any call or other sum due from such contributory or debtor, or his estate, and such proceedings may be instituted accordingly. Enforcing of orders 28. All orders made by the Court maj' be enforced in the same manner as orders of such Court made in any action pending therein. MATTERS OF PRACTICE. ^dklg Sp ^^' ^^y application to the Court for the winding up of the company under this Ordinance shall be by originating summons which may be issued at the instance of the company, or any contributory or contributories of the company and thereafter the matter shall proceed as a cause in Court and be subject, except where inconsistent herewith, to all the rules applicable to ordinary causes. Course of SiTpetitio'lf^'' (2) Upon hearing the summons the Court may dismiss the same, with or without costs, or may adjourn the hearing con- ditionally or unconditionally, and may make an interim order, or any other order that it deems just. stay of proceedings 30. The Court, at any time after an order has been made for winding up a company, may, upon the apphcation of any contributory, to be made by summons, and upon proof to the satisfaction of the Court that all proceedings in relation to the winding up ought to be stayed, make an order staying the same, either altogether or for a limited time, on such terms and sub- ject to such conditions as the Court deems fit. Rules of pro- 31. Thc Tules of proccdurc for the time being as to amend- di^ary caa°eV, meuts of pleadings and proceedings in the Court shall, as far etc., to apply as practicable, apply to all pleadings and proceedings under this Ordinance; and any Court before whom such proceedings are being carried on shall have full power and authority to Amendments apply the appropriate rules as to amendments to the proceed- ings so pending; and no pleading or proceeding shall be void by reason of any irregularity or default which can or may be amended or disregarded under the rules and practice of the Court. 1144 s. 37 COMPANIES WINDING UP Cap. Ill 16 33. All books, accounts and documents of the company and Books, etc, to of the liquidators shall, as between the contributories of the eviSe"'^"^ company, be pri7na facie evidence of the truth of all matters purporting to be therein recorded. 33. Any affidavit, affirmation or declaration required to ^(if^^f^^J^^'^^' sworn or made under the provisions or for the purposes of this sworn "^ Ordinance may be sworn or made before any person authorised to take affidavits for use in the Supreme Court of the North- West Territories. DISSOLUTION OF COMPANY. 34. As soon as the affairs of the company are fully wound ^p^°!'^°' °f ^^ up the liquidators shall make up an account showing the man- te made by ner in which the winding up has been conducted and the property genera'"' of the company disposed of; and thereupon they shall call a'"^"'"'^ general meeting of the company for the purpose of having the account laid before them and hearing any explanation that may be given by the liquidators; the meeting shall be called by advertisement specifying the time, place and object of such meeting; and the advertisement shall be published one month at least previously thereto. (2) The Uquidators shall make a return to the Registrar ofK-^,^i™°f Joint Stock Companies of such meeting having been held and meeting to be of the date at which the same was held; which return shall trar of joint be filed in his office; and on the expiration of three months companies from the date of the filing of such return the company shall Dissolution be deemed to be dissolved. 35. Whenever the affairs of the company have been com- o^,^|[gf°'' '^^- pletely wound up the Court may, before the expiration of the said period of three months, make an order that the company be dissolved from the date of such order, and the company shall be dissolved accordingly; which order shall be reported Report to the by the Uquidators to the Registrar of Joint Stock Companies. Registrar 36. If the liquidators make default in transmitting to the penalty on de- Registrar of Joint Stock Companies the return mentioned in [ng bj^iiqm-'^ " section 34 hereof, or in reporting the order, if any, declaring ^X^'^^'^tu^ the company dissolved, they shall be severally liable to a penalty not exceeding $20 for every day during which they are in default. 37. All dividends deposited in a bank and remaining un- Disposition of claimed at the time of the dissolution of the company shall be ^jV^Ss^ left for three years in the bank where they are deposited, and if still unclaimed shall then be paid over by such bank, with interest accrued thereon, to the Territorial Treasurer, and, if afterwards duly claimed, shall be paid over to the person entitled thereto upon satisfactory proof of his claim being made. 1145 17 Cap. Ill COMPANIES WINDING UP 38 Deposit by liauidator after dissolu- 38. Every liquidator shall, within thirty days after the date of the dissolution of the company, deposit in the bank ^th°sw™ra^^^ appointed or named as hereinbefore provided for, any other money belonging to the estate then in his hands not required for any other purpose authorised by this Ordinance, with a sworn statement and account of such money, and that the same is all he has in his hands; and he shall be subject to a penalty not exceeding $10 for every day on which he neglects or delays such payment; and he shall be a debtor to His Majesty for such money and may be compelled as such to account for and pay over the same. (2) The money so deposited shall be left for three years in the bank and shall be then paid over, with interest accrued thereon, to the Territorial Treasurer, and if afterwards claimed shall be paid over to the person entitled thereto upon satis- factory proof of his claim being made. (3) Where a company has been wound up under this Ordinance and is about to be dissolved the books, accounts, and documents of the company and of the liquidators may be disposed of in such a way as the company by an extraordinary resolution directs. (4) After the lapse of five years from the date of such dis- solution no responsibility shall rest on the company or liquidators, or any one to whom the custody of such books, accounts and documents has been committed, by reason that the same or any of them are not forthcoming to any party claiming to be interested therein. statement Penalty on omission Money to remain on deposit for three years Disposal of books, etc., after winding up After five years res- ponsibility as to custody of books, etc. to cease RULES OF COURT. Judges to make 39. The Supreme Court, or any three of the judges thereof, ™'^^°^^f°™=may, from time to time, make and frame and settle the forms, ings and costs, rulcs and regulations to be followed and observed in proceed- ings under this Ordinance, and may make rules as to costs, fees and charges which shall or may be had, taken or paid in all such cases by or to advocates or counsel, and by or to officers of the Court, whether for the officers or for the Crown, and by or to sheriffs, or other persons whom it may be necessary to provide for, or for any service performed or work clone under this Ordinance. (2) Until such forms, rules and regulations are so approved, and subject to any which may be approved, the practice under this Ordinance shall, in cases not hereinbefore provided for, be the same, as nearly as may be, as under The Winding Up Act, and the rules of the said Court made thereunder or applicable thereto. Practice till allowance of rules, etc. 1146 CHAI^TER 112. An Ordinance respecting Trust Companies. (Chapter 15 of 1903, 1st Session.) rrHE Lieutenant Governor by and with the advice and con- -*- sent of the Legislative Assembly of the Territories enacts as follows : 1. This Ordinance may be cited as " The Trust Companies ^^^^iii^^^ Ordinance." 3. In this Ordinance the expression "trust company" shalF™''.™"?*''^ , 1 f , 1 „ "^ meaning oi mean a company mcorporated for the purpose of exercismg any of the powers set forth in the schedule to this Ordinance and authorised whether before or after the passing of this Ordinance and whether by special Ordinance or otherwise to carry on its business in the Territories. 3. No company shall be incorporated or otherwise author- C9'gpiiance ised to execute the office of executor, administrator, trustee, o5-dinance receiver, assignee, gxiardian of a minor's estate or of committee '^^"^^^^''^ of a lunatic's estate unless such company has complied with the provisions of this Ordinance. 4. No company shall be authorised to become or be appointed noTt^ll guardian of the persons of infants or committee of the persons ^PP°J|?*^<^^f of lunatics. infant or lunatic 5. Where a trust company is authorised to execute the Appointment office of executor, administrator, trustee, assignee, guardian or ?ms°?? etc. ^^ committee then in case the Lieutenant Governor in Council approves of such company being accepted by the Supreme Court as a trust company for the purposes of such Court the said Court or any judge thereof may with the consent of the company appoint such company to exercise any of the said offices in respect of any estate, or person, under the authority of such Court or judge or may grant to such company probate of any will in which such company is named an executor; but no company which has issued or has authority to issue deben- tures shall be approved as aforesaid. (2) A trust company so approved of may be appointed to be a sole trustee notwithstanding that but for this Ordinance it would be necessary to appoint more than one trustee and may also be appointed trustee jointly with another person. (3) Such appointment may be made whether the trustee is required under the provisions of any deed, will or document creating a trust or whether the appointment is under the pro- 1147 Cap. 112 TRUST COMPANIES S. 5 (3) Liability of company acting as trustee Investigation of affairs of company Deposit with company of money paid into court visions of any Ordinance respecting trustees and executors and the administration of estates or otherwise. (4) Notwithstanding any rule of practice or any provision of any Ordinance requiring security it shall not be necessary for the said company to give any security for the due per- formance of its duty as such executor, administrator, trustee, receiver, assignee, guardian, or committee unless otherwise ordered. (5) The Lieutenant Governor in Council may revoke the approval given under this section and no Court or judge after notice of such revocation shall appoint any such company to be an administrator, trustee, receiver, assignee, guardian or committee unless such company gives the like security for the due performance of its duty as would be required from a private person. 6. The liability of a trust company to persons interested in an estate held by the company as executor, administrator, trustee, receiver, assignee, guardian, or committee as aforesaid, shall be the same as if the estate had been held by any private person in the like capacity and its powers shall be the same. 7. The Supreme Court if it deems necessary may from time to time appoint a suitable person to investigate the affairs and management of any trust company; and such person shall report thereon to the Court and regarding the security afforded to those by or from whom the engagements of the company are held; and the expense of such investigations shall be de- frayed by the company; or the Court may if it deems necessary examine the officers or directors of the company under oath as to the security aforesaid. (2) The Lieutenant Governor may also from time to time when he deems it expedient appoint an inspector to examine the affairs of any such company and report to him on the secur- ity afforded to those by and for whom its engagements are held as aforesaid; and the expense of the investigation shall be borne by the company. 8. Every court into which money is paid by parties or is brought by order or judgment may by order direct the same to be deposited with any trust company that may agree to accept the same and the company may pay any lawful rate of interest on such moneys as may be agreed upon and where no special arrangement is made interest shall be allowed by the company at the rate of not less than three per centum annually. (2) Every trust company may invest any trust moneys in its hands in any securities in which private trustees may by law invest trust moneys and may also invest such moneys in the public stock funds or government securities of any of the prov- inces of the Dominion or in any securities guaranteed by the United Kingdom of Great Britain and Ireland, or by the ]\48 Sched. TRUST companies Cap. 112 Dominion, or by any of the said provinces, or in the bonds or debentures of any municipal corporation or school district in the North- West Territories or in securities which are a first charge on lands held in fee simple in the Territories : Provided that such company shall not in any case invest the moneys of any trust in securities prohibited by the trust and shall not invest moneys intrusted to it by any court in a class of securities disapproved of by the court. 9. No trust company incorporated under The Companies -^ust Ordinance shall issue debentures. noTtoi^sue debentures SCHEDULE. Powers Which may be Given to Trust Companies. To take, receive and hold all estates and property, real and personal, which may be granted, committed, transferred, or conveyed to them with their consent upon any trust or trusts whatsoever (not contrary to law) at any time or times, by any person or persons, body or bodies corporate, or by any court in the Territories; To take and receive on deposit, upon such terms and for such remuneration as may be agreed upon, deeds, wills, policies of insurance, bonds, debentures, or other valuable papers or securities for money, jewelry, plate or other chattel property of any kind, and to guarantee the safe keeping of the same; To act generally as attorney or agent for the transaction of business, the management of estates, the collection of loans, rents, interest, dividends, debts, mortgages, debentures, bonds, bills, notes, coupons, and other securities for money; To act as agent for the purpose of issuing or countersigning certificates of stock, bonds or other obligations of any associa- tion, or corporation, municipal or other; To receive, invest and manage any sinking fund therefor on such terms as may be agreed upon; To accept and execute the offices of executor, administrator, trustee, receiver, assignee, or of trustee for the benefit of credi- tors under any Ordinance of the Legislature of the Territories; and of guardian of any minor's estate, or committee of any lunatic's estate; to accept the duty and act generally in the winding up of estates, partnerships, companies and corpora- tions; To guarantee any investments made by them as agents or otherwise ; To sell, pledge, or mortgage any mortgage or other security or any other real or personal property held by the company from time to time, and to make and execute all requisite con- veyances and assurances in respect thereof; 1149 Cap. 112 TRUST COMPANIES Sched. To make, enter into, deliver, accept and receive all deeds, conveyances, assurances, transfers, assignments, grants and con- tracts necessary to carry out the purposes of the said company, and to promote the objects and business of the said company; And for all such services, duties and trusts to charge, collect and receive all proper remuneration, legal, usual and customary costs, charges and expenses. 1150 CHAPTER 113. An Ordinance to secure Uniform Conditions in Policies of Fire Insurance. (Chapter 16 of 1903, 1st Session.) rriHE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. 1. This Ordinance may be cited as "The Fire /nswance short titie Policy Ordinance." 3. Where, by reason of necessity, accident or mistake, the Company conditions of any contract of fire insurance on property in not^^th^tand- the Territories, as to the proof to be given to the insurance dlffec'JsiSl.roof company after the occurrence of a fire, have not been strictly complied with, or where, after a statement or proof of loss has been given in good faith, by or on behalf of the assured in pursuance of any proviso or condition of such contract, the company, through its agent or otherwise, objects to the loss upon other grounds than for imperfect compliance with such conditions, or does not, within a reasonable time after receiving such statement or proof, notify the assured in writing that such statement or proof is objected to, and what are the partic- ulars in which the same is alleged to be defective and so from time to time, or where for any other reason the Court or judge before whom a question relating to such insm-ancc is tried or inquired into, considers it inequitable that the insurance should be deemed void or forfeited b}' reason of imperfect compliance with such conditions, no objection to the sufficiency of such statement or proof, or amended or supplemental statement or proof, as the case may be, shall, in any of such cases, be allowed as a discharge of the liabiUty of the company on such contract of insurance wherever entered into; but this section shall not apply where the fire has taken place before the coming into force of this Ordinance. 3. Where the loss, if any, under any policy has, with the where loss consent of the company, been made payable to some person or ^^o^jgagel! persons or company other than the assured as mortgagee or ^°*jfg^,°f;^j, mortgagees, said policy shall not be cancelled by the company etc., to be given °,° ' ,. 5 ■'. ,, , . •' .A •'^mortgagee upon the apphcation of the assured, nor m any case without reasonable notice to the said mortgagee or mortgagees. 1903, 2nd session, c. 20, s. 1. 4. The conditions set forth in the schedule of this Ordinance "statutory shall, as against the insurers, be deemed to be part of every contract, whether sealed, written or oral, of fire insurance here- 1151 2 Cap. 113 FIRE INSURANCE S. 4' after entered into or renewed or otherwise in force in the North- West Territories with respect to any property therein, or in transit therefrom or thereto, and shall be printed on every policy of fire insurance, with the heading " Statutory Con- ditions." "Variations in 5. If a Company or other insurer desires to vary the said conditions" conditions or to omit any of them, or to add new conditions, there shall be added on the policy in conspicuous type and in ink of different colour, words to the following effect: "variations in conditions. " This policy is issued on the above statutory conditions, with the following "s^ariations and additions : " These variations {or as the case may be) are, by virtue of The Fire Insurance Policy Ordinance in that behalf, in force so far as, by the Court or judge before whom a question is tried relating thereto, they shall be held to be just and reasonable to be exacted by the company." LegaWy^of^ 6. No such Variation, addition or omission shall, unless the conditions same is distinctly indicated and set forth in the manner or to the efTect aforesaid, be legal and binding on the assured; and no question shall be considered as to whether any such varia- tion, addition or omission is under the circumstances just and reasonable, but, on the contrary, the policy shall, as against the insurers, be subject to the statutory conditions only unless the variations, additions or omissions are distinctly indicated and set forth in the manner or to the effect aforesaid. Conditions 7. In casc a policy is entered into or renewed containing or to^'be miu°s"' including any condition other than or different from the con- Ibfeto^brnufi ditions set forth in the schedule to this Ordinance, if the said and void condition so contained or included is held by the Court or judge before whom a question relating thereto is tried, to be not just and reasonable, such condition shall be null and void. Appeal 8. A decision of a Court or a judge under this Ordinance shall be subject to review or appeal to the same extent as a decision by such court or judge in other cases. Commence- 9. This Ordinance shall come into force on the first day of ""''°* January, 1904. 1152 Sched. FIRE INSURANCE Cap. 113 SCHEDULE. (Sections 4 and 7.) STATUTORY CONDITIONS. 1. If any person or persons insures his or their buildings or goods and causes the same to be described otherwise than as they really are to the prejudice of the company, or misrepre- sents or omits to communicate any circumstance which is material to be made known to the company in order to enable it to judge of the risk it undertakes, such insurance shall be of no force in respect to the property in regard to which the mis- representation or omission is made. 2. After application for insurance it shall be deemed that any policy sent to the assured is intended to be in accordance with the terms of the application unless the company points out in writing the particulars wherein the policy differs from the application. 3. Any change material to the risk, and within the control or knowledge of the assured, shall avoid the pohcy as to the part affected thereby, unless the change is promptly notified in wi-iting to the company or its local agent; and the company when so notified may return the premium for the unexpired period and cancel the policy, or may demand in writing an additional premium, which the assured shall, if he desires the continuance of the policy, forthwith pay to the company; and if he neglects to make such payment forthwith after receiving such demand, the policy shall be no longer in force. 4. If the property insured is assigned without a written permission indorsed hereon by an agent of the company duly authorised for such purpose, the policy shall thereby become void; but this condition does not apply to change of title by succession, or by the operation of the law, or by reason of death. 5. When property insured is only partially damaged, no abandonment of the same will be allowed unless by the consent of the company or its agent; and in case of the removal of property to escape conflagration the company will contribute to the loss and expenses attending such act of salvage propor- tionately to the respective interests of the company or com- panies and the assured. 6. Money, books of account, securities for money, and evi- dences of debt or title are not insured. 7. Plate, plate glass, plated wire, jewelry, medals, paintings, sculptures, curiosities, scientific and musical instruments, bul- lion, works of art, articles of virtu, frescoes, clocks, watches, trinkets, and mirrors are not insured unless mentioned in the policy. 1153 Cap. 113 FIRE INSURANCE Sched. 8. The company is not liable for loss if there is any prior insurance in any other company unless the company's assent thereto appears herein or is indorsed hereon, nor if any sub- sequent insurance is effected in any other company unless and until the company assents thereto, or unless the company does not dissent in writing within two weeks after notice of the intention or desire to effect the subsequent insurance [has been mailed to it, addressed to it at its principal office in the North- West Territories or at the post office of the agency where the application for insurance was made, by registered letter.] 1903, 2nd session, c. 20, s. 2. Or does not dissent in writing after that time and before the subsequent or further insurance is effected. 9. In the event of any other insurance on the property herein described having been assented to as aforesaid then this com- pany shall, if such other insui'ance remains in force, on the happening of any loss or damage, only be liable for the pay- ment of a ratable portion of such loss or damage without reference to the dates of the different policies. 10. The company is not liable for the losses following, that is to say: (a) For loss of property owned by any other party than the assured, unless the interest of the assured is stated in or upon the policy; (b) For loss caused by invasion, insurrection, riot, civil commotion, military or usurped power; (c) ^Miere the insurance is upon buildings or their con- tents for loss caused by the want of good and sub- stantial brick or stone chimneys, or by ashes or embers being deposited, with the knowledge and consent of the assured, in wooden vessels, or by stoves or stove pipes being to the knowledge of the assured in an unsafe condition or improperly secured; (d) For loss or damage to goods destroyed or damaged while undergoing any process in or by which the application of fire heat is necessary: (e) For loss or damage occurring to buildings or their contents while the buildings are being repaired by carpenters, joiners, plasterers, or other workmen, and in consequence thereof, unless permission to execute such repairs had been previously granted in writing signed by a duly authorised agent of the company; but in dwelling houses, fiftcoa days are allowed in each year for incidental repairs, without such per- mission ; (/) For loss or damage occurring while petroleum, rock, earth or coal oil, camphene, gasoline, burning fiuid, benzine, naphtha or any liquid products thereof, or any of their constituent parts (refined coal oil for lighting purposes only, not exceeding twenty gallons in quantity 1154 Sched. FIRE INSURANCE Cap. 113 or lubricating oil not being crude petroleum nor oil of less specific gravity than required by law for illum- inating purposes, not exceeding twenty gallons in quantity, excepted), or more than twenty -five pounds weight of gunpowder is or are stored or kept in the building insured or containing the property insured, unless permission is given in writing by the company. 11. The company will make good loss caused by the explosion of coal gas in a building not forming part of gas works, and loss by fire caused by any other explosion or by lightning. 12. Proof of loss must be made by the assured although the loss be payable to a third party. 13. Any person entitled to make a claim under this policy is to observe the following directions: (a) He is forthwith after loss to give notice in writing to the company; (6) He is to deliver, as soon afterwards as practicable, as particular an account of the loss as the nature of the case permits; (c) He is also to furnish therewith a statutory declaration, declaring — (1) That the said account is just and true; (2) When and how the fire originated, as far as the declarant knows or believes; (3) That the fire was not caused through his wilful act or neglect, procurement, means or contrivance; (4) The amount of other insurances; (5) All liens and incumbrances on the subject of insurance; (6) The place where the property insured, if movable, was deposited at the time of the fire; (d) He is, in support of his claims, if required and if practicable, to produce books of account, and furnish invoices and other vouchers, to furnish copies of the written portion of all policies, and to exhibit for ex- amination all that remains of the property which was covered by the policy. 1903, 2nd session, c. 20, s. 3. (e) He is to produce, if required, a certificate under the hand of a justice of the peace, notary public or commissioner for taking affidavits, residing in the vicinity in which the fire happened, and not concerned in the loss or related to the assured or sufferers, stating that he has examined the circumstances attending the fire, loss or damage alleged, that he is acquainted with the character and circumstances of the assured or claimant, and that he verily believes that the 1155 Cap. 113 FIRE INSURANCE Sched, assured has by misfortune and without fraud or evil practice sustained loss and damage on the subject assured, to the amount certified. 14. The above proofs of loss may be made by the agent of the assured in case of the absence or inability of the assured himself to make the same, such absence or inability being satisfactorily accounted for. 15. Any fraud or false statement in a statutory declaration in relation to any of the above particulars shall vitiate the claim. 16. If any difference arises as to the value of the property insured, of the property saved, or amount of the loss, such value and amount and the proportion thereof, if any, to be paid by the company, shall, whether the right to recover on the policy is disputed or not, and independently of all other questions, be submitted to the arbitration of some person to be chosen by both parties, or if they cannot agree on one person, then to two persons, one to be chosen by the party assured and the other by the company, and a third to be appointed by the persons so chosen, or in the event of their failing to agree, then by a judge of 'the Supreme Court of the North-West Territories and such reference shall be subject to the provisions of The Arbitration Ordirmnce; and the award shall, if the company is in other respects liable, be conclusive as to the amount of the loss and proportion to be paid by the company; where the full amount of the claim is awarded the costs shall follow the event; and in other cases all questions of costs shall be in the discretion of the arbitrators. 17. The loss shall not be payable until [sixty] days after completion of the proofs of loss, unless otherwise provided for by the contract of insurance. 1903, 2nd session, c. 20, s. 4. 18. The company, instead of making payment, may repair, rebuild or replace within a reasonable time the property damaged or lost, giving notice of their intention within fifteen days after the receipt of the proofs herein required. [19. The insurance may be terminated by the company by giving notice to that effect and if on the cash plan by tender- ing therewith a ratable proportion of the premium for the unexpired term calculated from the termination of the notice; in the case of personal service of the notice five days' notice excluding Sunday shall be given. Notice may be given by any company registered under the provisions of The Foreign Companies Ordinance and having an agency in the Territories by registered letter addressed to the assured at his last post office address notified to the company and where no address notified then to the post office of the agency from which application was received and where such notice is by letter then ten days from the arrival at any post office in the Terri- tories shall be deemed good notice. And the policy shall cease after such tender and notice aforesaid and the expiration 1156 Sched. FIRE INSURANCE Cap. 113 of the five or ten days, as the case may be.] 1903, 2nd session, c. 20, s. 5. 20. No condition of the policy, either in whole or in part, shall be deemed to have been waived by the company unless t^e waiver is clearly expressed in writing signed by an agent of the company. 21. Any officer or agent of the company who assumes on behalf of the company to enter into any written agreement relating to any matter connected with the insurance shall be deemed prima facie to be the agent of the company for the purpose. 22. Every action or proceeding against the company for the recovery of any claim under or by virtue of this policy shall be absolutely barred unless commenced within the term of one year next after the loss or damage occurs. 23. Any written notice to a company for any purpose of the statutory conditions, where the mode thereof is not expressly provided, may be by letter delivered at the head office of the company in the North- West Territories, or by registered post letter addressed to the company, its manager or agent, at such head office, or by such written notice given in any other manner to an authorised agent of the company. 1157 CHAPTER 114. An Ordinance to amend Chapter 30 of the Ordinances of 1901, intituled "An Ordinance respecting Assessment and Taxation in School Districts. (Chapter 21 of 1903, 1st Session.) T HE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows: Correction of error in roll Notice to person affected 1. Section 10 of The School Assessment Ordinance is hereby amended by adding thereto the following subsections: "(5) If at any time within two months after the posting of the roll it is discovered that any person liable to assessment is not assessed or that there is any error in any of the particulars contained in the roll the board may direct the secretary to enter the name of such person on the roll or correct the error. "(6) In the event of any addition to or alteration or correc- tion of the roll under the next preceding subsection without the knowledge and consent of the person affected a notice as required by subsection (2) shall be sent to such person and for the purposes of this and the next following section the date of mailing such notice shall as respects him be deemed to be the date of posting the roll." Section 11 amended Appeal to Judge 2. Section 11 of the said Ordinance is hereby amended by adding thereto the following subsection: "(5) An appeal shall lie from the decision of the justice of the peace to a judge of the Supreme Court and for the purpose of such appeal the provisions of section 41 shall apply." Section 13 amended Minimum tax 3. Section 1.3 of the said Ordinance is hereby amended by adding thereto the following subsection: "(2) In the event of the total tax of any person being less than $2 under this section the tax to be entered on the roll and payable by him shall be the said sum of $2." Section 14 amended Rebate in taxes 4. Section 14 of the said Ordinance is hereby amended by adding thereto the following subsection: "(4) The board may by resolution allow a rebate not to ex- ceed ten per cent, upon all taxes paid within thirty days after such taxes have become payable." Section 15 amended 5. Section 1.5 of the said Ordinance is hereby amended by adding thereto the following words '' and shall bear interest at 1158 S. 7 SCHOOL ASSESSMENT Cap. 114 on arrears the rate of six per cent, per annum from the 31st day of Decem- interest ber of the year in which they are imposed." (2) This amendment shall apply in respect of taxes imposed before as well as after the passing of this Ordinance. 6. Section 89 of the said Ordinance is hereby amended by Section so adding thereto the following subsection: ^"'*° " "(3) In the event of a town district being situate partly portipn of within a town municipality and partly within a rural munici- ou™de' to be pality for the purposes of this section the portion within the ^|fg?^'\^^jj rural municipality shall be deemed to be within the town municipality municipality." (2) Any assessment heretofore made by any town munici- pality of any portion of the town district situate within a rural municipality shall be as valid as if made after the passing of this Ordinance. 7. Section 95 of the said Ordinance is hereby amended by section 95 striking out the words "Lieutenant Governor in Council" where ""^'"^'''' they occur therein and substituting therefor the words "Com- missioner of Education." 1159 CHAPTER 115. An Ordinance to Protect Horse Breeders in the North-West Territories. (Chapter 23 of 1903, 1st fiepsion.) rriHE Lieutenant Governor by and with the advice and con- -*- sent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. Short title 1. This Ordinance may be cited as " The Horse Breeders Ordinance." 1899, c. 20, s. 1. INTERPRETATION. Interpretation 2. The exprcssion "Commissioner" means the Commissioner of Agricultm-e; The expression "Department" means the Department of Agriculture ; The expression "owner" includes a part owner. Registration of stallions 3. Every person, firm or company standing or travelling any stallion for profit or gain in the North-West Territories shall cause the name, description and pedigree of such stallion to be enrolled in the department and shall procure a certificate of such enrolments as hereafter provided. (2) No fee shall be required for such enrolment and certifi- cate for any stallion registered under the provisions of chapter 20 of the Ordinances of 1899 but in all other cases there shall be paid for such enrolment and certificate a fee of $2. (3) Upon a transfer of the ownership of any stallion enrolled under this section the certificate of enrolment may be trans- ferred to the transferee by the commissioner upon proof to his satisfaction of such transfer and upon payment of the fee of II. 1899, c. 20, s. 2. Co ies of *• "^^^ owner of any staUion shall post up and keep affixed certificate of during the whole of the season copies of the certificate of such bTposted up ° stallion issued under the next preceding section in a conspicuous place both within and upon the outside of the main door lead- ing into every stable or building where the said stallion stands regularly for public service. Certificate 5. The Certificate issued for a stallion whose sire and dam staiuo'^n "^ are of pure breeding and which is registered in a stud book 1160 S. 11 HORSE BREEDERS Cap. 115 2 approved by the commissioner shall be in form A in the schedule hereto. 6. The certificate issued for a stallion whose sire or dam is •^^^di'^stamoL not of pure breeding shall be in form B in the schedule hereto. ^™ ^ ' '^ '°° 7. The certificate issued for a stallion whose sire and dam cert^fi^^^*! of are pure bred but not of the same breed shall be in form C instamon^ the schedule hereto. 8. Every bill, poster or advertisement issued by the owner Advertise- of any stallion enrolled under this Ordinance or used by him ™aiiion°s for advertising such stallion shall contain a copy of its certifi- cate of enrolment. 1899, c. 20, s. 3. 9. The production of any bill, poster or other printed or Evidence of written matter advertising any stallion for pubUc service shall ^ ''^^ '^'^'"^° be prima facie evidence that such bill, poster or other adver- tising material was used to advertise the staUion named and described therein by or with the consent of the owner or owners of the said stallion. REGISTRATION OF LIEN FOR SERVICE. 10. The owner of any stallion holding a certificate of en- Filing rolment for such stalHon u^nder section 5 of this Ordinance orci2i4°fOT° his agent may file in the office of the registration clerk of the^^"^°® registration district for mortgages and other transfers of per- sonal property in which the owner or person in charge of any mare upon which such staUion performs service resides, within twelve months after such service is performed, a statutory declaration setting forth: 1. The amount of service fee; 2. That the same is unpaid; 3. The fact of such service; 4. A reasonable description of such mare; and 5. The name and residence of the owner of such mare. (2) For filing such statutory declaration the registration clerk shall be entitled to a fee of ten cents. 1899, c. 20, s. 4. 11. The owner of such stallion upon filing such statutory Effect of filing declaration and complying with the provisions of this Ordinance shall have a lien for the amount of said service fee and costs as hereinafter provided upon the colt or filly the offspring of any such stallion by reason of the service in respect of which such statutory declaration is filed which lien shall take and have priority over any and all writs of execution, chattel mort- gages, bills of sale, claims and encumbrances whatsoever. 1899, c. 20, s. 5. 1161 Cap. 115 Sale of colt Application of proceeds Penalties Repeal Commence- ment HORSE BREEDERS ENFORCEMENT OF LIEN. s. 12 12. If payment of the service fee is not made before the first day of January in the year following the year in which the colt or filly is born, the owner of said stallion or his duly authorized agent may at any time before the first day of May following take possession of the colt or filly upon which he has such lien as aforesaid wherever the same may be found and may proceed to sell the same by pubUc auction after giving the person in whose possession the said colt or filly was when taken ten days' notice in writing of such intention to sell which notice may be effectually given to such person by delivering the same to him personally or by posting it upon the door of such person's last known place of residence in the North-West Territories. 1899, c. 20, s. 6. 13. The proceeds of sale shall be appUed first in payment of the reasonable expenses of the taking of possession, giving of notice, and conduct of sale, not in any case to exceed $10 in all and next in payment of said service fee, and the balance shall be paid forthwith by the owner of the stallion to the person from whose possession such colt or filly was taken. 1899, c. 20, s. 7. 14. "\lolation of any of the provisions of this Ordinance shall be an offence for which the offender shall be liable on summary conviction to a penalty not exceeding $25. 15. Chapter 20 of the Ordinances of 1899 is hereby repealed. 16. This Ordinance shall come into force on the first day of January, 1904. SCHEDULE. FORM A. GOVERNMENT OF THE NORTH-WEST TERRITORIES OF CANADA. DEPARTMENT OF AGRICULTURE. Certificate of Pure Bred Stallion No. The pedigree of the stallion (Name) described as follows: (colour) foaled in the year , has been examined in the depart- ment and I hereby certify that the said stallion is of pure breed- ing and is registered in a stud book recognised by the department. 1162 Commissioner of Agriculture. Sched. HORSE breeders Cap. 115 FORM B. GOVERNMENT OF THE NORTH-WEST TERRITORIES OF CANADA. DEPARTMENT OF AGRICULTURE. Certificate of Grade Stallion No. The pedigree of the stallion (Name) described as follows: (colour) foaled in the year , has been examined in the depart- ment and it is found that the said stallion is not of pure breeding and is therefore not eligible for registration in any stud book recognised by the department. Covwiissioner of Agriculture. FORM C. GOVERNMENT OF THE NORTH-WEST TERRITORIES OF CANADA. DEPARTMENT OF AGRICULTURE. Certificate of Cross Bred Stallion No. The pedigree of the stallion described as follows: (colour) foaled in the year , has been examined in the depart- ment and it is found that his sire is registered in the and his dam in the Such being the case, the said stallion is not eligible for registra- tion in any stud book recognised by the department. Commissioner of Agriculture. 1163 CHAPTER 116 An Ordinance to provide for the Payment of Succes- sion Duties in certain cases. (Chapter 5 of 1903, 2nd Session.) rriHE Lieutenant Governor by and with the advice and con- -^ sent of the Legislative Assembly of the Territories enacts as follows: Short title 1. This Ordinance may be cited as "The Succession Duty Ordinance." AppUcation 2. This Ordinance shall apply to the estates of persons dying after it comes into effect. Property Aggregate value Interpretation 3. In this Ordinance and any regulations passed thereunder unless the context otherwise requires: 1. The word "property" includes real and personal property of every description and wheresoever situate and every estate or interest therein capable of being devised or bequeathed by will or of passing on the death of the owner to his heirs or personal representatives; 2. The expression "aggregate value" means the value of the property before any debts or other allowances or exemptions are deducted therefrom and for the purposes of subsections 3, 4 and 5 of. section 5 includes property outside of the Territories; Dutiable vaiu» .3. The cxpressiou "dutiable value" means the value of the property after the debts or other allowances or exemptions authorized by this Ordinance are deducted and in determining the dutiable value of the estate of a deceased the value shall be taken as at the date of the death of the deceased and allow- ance shall be made for reasonable funeral expenses and for debts and incumbrances which shall be deducted from the value of the property but no allowance shall be made — (a) For debts incurred by the deceased or incumbrances created by a disposition made by the deceased unless such debts or incumbrances were incurred or created hona fide for full consideration in money or money's worth wholly for the deceased's own use and benefit and take effect out of his interest; or (6) For any debt in respect whereof there is a right to reimbursement from any other estate or person unless such reimbursement cannot be obtained; or (c) More than once for the same debt or incumbrance charged upon different portions of the estate; or 1164 s. 5 (b) SUCCESSION DUTIES Cap. 116 2 (d) For the expenses of administering except the expenses of procuring letters probate or letters of administra- tion; or (e) For the expenses of the execution of any trust created by the will of a testator. 4. "Court" shall mean the Supreme Court of the North- West Court Territories ; 5. "Judge" shall mean a judge of the said court. j^^^^ 4. This Ordinance shall not apply as respects the payment To what of rlii+-i? Ordinance "^ UUty dog3 not apply 1. To any esta,te the value of which after the allowances authorized by this Ordinance does not exceed five thousand dollars; nor 2. To any estate in respect of the property passing by will or intestacy or otherwise to or for the use of the father, mother, brother, sister, husband, wife, child, grandchild, daughter-in-law or son-in-law of the deceased or to any person or persons adopted before the age of twelve years by the deceased as his child or children or to any person to whom deceased for not less than ten years prior to his death stood in the acknowledged relation of parent where the aggregate value of the property of the deceased does not exceed twenty-five thousand dollars. 5. Save as aforesaid the estate of any person dying after Property in the coming into force of this Ordinance who at the time of his ^^wh estate death was domiciled in the Territories or who being domiciled '^'^t'le to Til • ■ 1 m • • 1 11 1 succession elsewnere died leaving property m the lerritories shall beauty subject to a succession duty to be paid for the use of the Ter- ritories and for the purpose of ascertaining the amount of such duty the classes of property hereinafter enumerated shall be deemed to be a part of the estate of the deceased : (a) All property situate within the Territories and any Property in or interest therein or income therefrom whether the de- Tenitorie^s ceased person owning or being entitled to such property was at the time of his death domiciled in the Terri- tories or elsewhere and where the deceased at the time of his death was domiciled in the Territories all mov- able or personal property locally situate within the Territories and any interest therein; (5) All property situate as aforesaid or any interest therein p^p^''*^, or income therefrom which shall be voluntarily trans- transferred in ferred by transfer made in contemplation of the death S d*e\'?h'''"°'' of the transferror or intended to take effect in posses- sion or enjoyment after such death to any person in trust or otherwise or by reason of which transfer to any person shall become beneficially entitled in pos- session or expectancy to any property or the income thereof; 1165 Cap. 116 SUCCESSION DUTIES S. 5 (C ) Donationes mortts causa or voluntary dispositions within twelve months of death Pi-operty transfeiTed by o'mier to himself jointly with some other person Property passing under settlement Annuities, etc. Property of which deceased was competent to dispose liable to dutj- (c) Any property taken as donatio mortis causa or under a disposition purporting to operate as an immediate gift inter vivos whether by way of transfer, delivery, declaration of trust, or otherwise, which shall not have been bona fide made twelve months before the death of deceased including property taken under any gift, whenever made, of which property bona fide possession and enjoyment shall not have been assumed by the donee immediately upon the gift and thence- forward retained to the entire exclusion of the donor or of any benefit to him by contract or otherwise; (d) Any property which a person having been absolutely entitled thereto has caused or may cause to be trans- ferred to or vested in himself and any other person jointly whether by disposition or otherwise, so that the beneficial interest therein or in some part thereof passes or accrues by survivorship on his death to such other person including also any purchase or investment effected by the person who was absolutely entitled to the property either by himself alone or in concert- or by arrangement with any other person; (e) Any property passing under any past or future settle- ment including any trust whether expressed in writ- ing or otherwise, and if contained in a deed or other instrument effecting a settlement, whether such deed or other instrument was made for valuable considera- tion or not as between the settlor and any other person made by deed or other instrument not taking effect as a will whereby an interest in such property or the proceeds of sale thereof for life or any other period determinable by reference to death is reserved either expressly or by implication to the settlor, or whereby the settlor may have reserved to himself the right by the exercise of any power to restore to himself, or to reclaim the absolute interest in such property or the proceeds of sale thereof, or to otherwise resettle the same or any part thereof; (/) Any annuity or other interest purchased or provided either by any person alone or in concert or by arrange- ment with any other person to the extent of the bene- ficial interest accruing or arising by survivorship or otherwise on the death of the deceased ; (g) Any property of which a person was at the time of his death competent to dispose; and a person shall be deemed competent to dispose of property if he has such an estate or interest therein or such general or limited power as would if he were sui juris enable him to dispose of the property as he thinks fit or to dispose of the same for the benefit of his children or some of them, whether the power is exercisable by instrument inter vivos or by will or both including 1166 S; 5 (7) SUCCESSION DUTIES Cap. 116 the power exercisable by a tenant in tail whether in possession or not but exclusive of any power exercis- able in a fiduciary capacity under a disposition not made by himself or as a mortgagee. A disposition taking effect out of the interest of the person so dying shall be deemed to haA^e been made by him whether the concurrence of any other person was or was not required. Money which a person has a general power to charge on property shall be deemed to be property of which he has the power to dispose. (2) The tlescriptions of properties in clauses (c), (d), (e), (/) Particular 1 ;' \ u 11 J. 1- / 1 , . , ^ '' ^ " ^ '' ^1 ' descriptions and (g) shall not be construed to restrict the generality of the ^°^ *° ^^^'^^ descriptions contained in clauses (a) and (b). general words (3) Where the aggregate value of the property of the de- Amount of ceased exceeds $25,000 so much thereof as passes by will, intes- '^""' tacy or otherwise to or for the benefit of any one or more of the persons enumerated in clause 2 of section 4 shall be subject to a duty as follows: Upon the value up to $100,000 at the rate of $1.50 for every . SlOO of value of the whole property in excess of $25,000; "Where the value exceeds $100,000 but does not exceed $200,000 at the rate of $2.50 for every $100 of value of the whole property in excess of $25,000; Where the value exceeds $200,000 at the rate of $5.00 for every $100 of value of the whole property in excess of $25,000. (4) "V\Tiere the aggregate value of the property of the deceased exceeds $5,000 so much thereof as passes by will, intestacy or otherwise to the grandfather, or gi-andmother or any other lineal ancestor of the deceased except the father or mother or to any descendant of a brother or sister of the deceased or to a brother or sister of the father or mother of the deceased or to any descendant of such last mentioned brother or sister shall be subject to a duty of $5 for every $100 of the value in excess of $5,000. (5) "Where the aggregate value of the property of the de- ceased exceeds $5,000 so much thereof as passes to or for the benefit of any person in any other degree of collateral consanguin- ity to the deceased than is above described or to or for the benefit of any stranger in blood to the deceased save as hereinafter provided for shall be subject to a duty of $10 for every $100 of the value in excess of $5,000. (6) No duty shall however be imposed on any estate in respect of any property which, being all of the property passing to one person, when such person is one of the persons enumerated in clause 2 of section 4, does not exceed $5,000 and in any other case does not exceed $200. (7) If any legacy or succession duty has been paid on any movable or personal property locally situate without the Ter- ritories elsewhere than in the Territories no further duty in respect of it shall be imposed beyond the amount, if any, for 1167 5 Cap. 116 SUCCESSION duties s. 5 (8) which the estate would be liable in respect of such property in excess of the amount so paid. (8) Nothing herein contained shall render any estate liable for duty in respect of any property bona fide transferred for a consideration that is of a value substantially equivalent to the property transferred. Executore^ 6. An executor or administrator applying for letters probate inventory and or for letters of administration to the estate of a deceased person shall before the issue of letters probate or administration to him make and file with the clerk of the court a full, true and correct statement in duplicate, under oath, showing — (a) A full itemised inventory of all the property of the deceased person including any property not situate in the Territories and the market value thereof, and (b) The several persons to whom the same will pass under the will or intestacy and the degree of relationship, if any, in which they stand to the deceased; and the executor or adminis- trator shall before the issue of letters probate or letters of admin- istration deliver to the clerk a bond in a penal sum equal to ten per cent, of the sworn value of the property of the decesaed person in respect of which his estate may be liable or may become liable to succession duties executed by himself and two sureties to be approved by the clerk or a guarantee company to be approved by the Territorial treasurer conditioned for the due payment to His Majesty of any duty to which the estate of the deceased coming into the hands of the said executor or administrator may be found liable. (2) The foregoing subsection shall not apply to estates of which the aggregate value does not exceed $5,000 nor as respects the provisions requiring security to estates in respect of which no succession duty is payable or administration to which is being applied for by a public administrator. (3) One duplicate of the .said statement shall be forthwith transmitted by the clerk of the com1; to the Territorial treas- urer. (4) "\Miere property passes on the death of the deceased and no executor or administrator can be made accountable for succession duty in respect of such property every person to whom any property so passes for any beneficial interest in possession and also to the extent of the property actually received or disposed of by him every trustee, guardian, com- mittee or other person in whom any interest in the property so passing or the management thereof is at any time vested and every person in whom the same is vested in possession by alienation or other derivative title shall be accountable for the succession duty in respect of such property and shall within two months after the death of the deceased or such later time as the Territorial treasurer shall allow deliver to the clerk of the court of the judicial district in which said property is situate 1168 s. 9 SUCCESSION DUTIES Cap. 116 6 an account to the best of his knowledge and belief of the prop- arty which account shall be verified under oath. (5) Any executor or administrator who in order to escape payment of succession duty imposed by this Ordinance shall fail to include any property of the deceased in the inventory required by this section to be filed or shall distribute any part of the said estate without bringing the same into the Territories shall be personally liable to pay to His Majesty the amount of the duty which would have been payable in respect of the property so omitted or so distributed. 7. In case the Territorial treasurer is not satisfied with the Appraisement value so sworn thereto or to the correctness of the said inventory °^''pp™*^'^ he may personally or by his advocate or agent direct in writing some competent person to make a valuation and appraise the said property and also to appraise any property alleged to have been improperly omitted from the said inventory. 8. Any appraiser appointed under the provisions of the next valuation by preceding section shall forthwith give due and sufficient written '"'p™'^^'' notice to the executors or administrators and to such other persons as the clerk of the court may direct of the time and place at which he wiU appraise the property included in the inventory or any property which in the opinion of the Ter- ritorial treasurer his advocate or agent should be included therein and shall appraise the same accordingly at its fair market value and make a written report in duplicate of the appraisement together with such other facts in relation thereto as the clerk of the com-t may by order require and such report shall forthwith be filed in the office of the clerk of the court and for the purpose of the said inquiry and appraisement the said appraiser shall have all the powers which may be con- ferred upon commissioners under An Ordinance respecting Inquiries concerning Public Matters, being chapter 12 of the Con- solidated Ordinances 1898. (2) The appraiser shall be entitled to receive the sum of $5 per day for services performed under this Ordinance and his actual and necessary travelling expenses and the same shall be paid to him by the Territorial treasurer. (3) One duplicate of the said report shall be forthwith trans- mitted by the clerk of the court to the Territorial treasurer. 9. If the Territorial treasurer, his advocate or agent andMode.of the other parties interested do not agree thereon the clerk of proj'^erty uabie the court of the judicial district in which the property or part " " ^ of it is situate and shall assess and fix the cash value at the date of the death of the deceased of all estates, interests, annuities and fife estates or terms of years growing out of his estate and the duty to which such estate is liable and shall immediately file his assessment in his office and give notice thereof by regis- tered letter to the Territorial treasurer and to the executor or administrator and other parties interested. TT 1169 Cap. 116 SUCCESSION DUTIES s. 10 Appeal from appraisement or assessment Recovery of dutieelby action 10. Any interested person dissatisfied with the appraise- ment or assessment may appeal therefrom to a judge within thirty days after the making and filing of such assessment and upon such appeal the said judge shall have jurisdiction to deter- mine all questions of valuation and the hability of the appraised estate or any part thereof for such duty and the decision of the said judge shall be final. 11. Any sum payable under this Ordinance shall be recover- able with costs of suit as a duty due to His Majesty from any person hable therefor by action in the supreme court of the North-West Territories in any judicial district and it shall not in any case be necessary to take the proceedings authorised by the preceding sections. Matters determinable byZcourt Action before time for payment of duty 13. The said court shall also have jurisdiction to determine what property is liable to duty under this Ordinance, the amount thereof and the time or times when the same is payable and may itself or through any referee exercise any of the powers which by section 7 to 10 are conferred upon any officer or person. 13. An action may be brought to determine any question of Uability under this Ordinance notwithstanding that the time for the payment of the duty has not arrived and such action shall be considered as an ordinary action in the said court. Appeals 14. An appeal shall lie to the supreme court en banc in any action brought under any of the foregoing sections wherever an appeal would lie if the action were between subject and subject. Declaration as to liability of property transferred before death 15. Where any person'.s estate is declared hable to duty in respect of any property which has previous to the death of such person been conveyed or transferred to some other person the court may declare the duty to be a lien upon such property and may make such declaration although the amount of such duty has not been ascertained and where any property in respect of which the estate would have been liable to duty had such property remained in the hands of the person to whom or for whose benefit it was conveyed or transferred by such deceased person has been conveyed or transferred to any pur- chaser for valuable consideration the court may direct the person to whom or for whose benefit the said property was conveyed or transferred by such deceased person as aforesaid to pay the amount of the duty to which the estate would have been subject in respect of such property. Future estate, etc., when duty may be paid 16. Where the property real or personal in respect of which duty is payable includes any future or contingent estate, income or interest the duty in respect of such estate, income or interest may be paid within the time limited by subsection 1 of section 1170 s. 17 SUCCESSION DUTIES Cap. 116 8 17 and where so paid the duty shall be on the value of such estate, income or interest as at the death of the deceased. By consent of the Territorial treasurer in writing duty may be paid after the time so limited and before such estate, income or interest comes into possession; but in the event of such consent the duty shall then be on a value not less in any event than the value of such estate, income or interest as at the date when the duty is paid; and no deduction shall be made for duty paid or payable in respect of any prior estate, income or interest. The duty in respect of any future or contingent estate, income or interest if not sooner paid shall be payable forthwith when such estate, income or interest comes into possession in which case the duty shall be on the value computed under section 9 as at the date of such coming into possession; and no deduction shall be made for duty paid or payable in respect of any prior estate, income or interest. (2) Where the duty in respect of any future or contingent Duty paid estate, income or interest has been paid by the executor, admin- coSS into*'' istrator or trustee before such estate, income or interest comes p°^=''^^'<'" into possession the duty so paid shall be charged on such future or contingent estate, income or interest and shall be repaid with interest at the rate of five per cent, per annum to the executor, administrator or trustee, as the case may be, by the person who is to become entitled to such future or contingent estate, income or interest and if not sooner repaid shall then be repaid at the time when such estate, income or interest comes into possession. (3) Where in respect of any future or contingent estate or when no interest there is no person beneficially entitled to the present entitled to the income or enjoyment or where there is some part thereof to ^j^j^yment of which there is no person so entitled the duty in respect of such "^J^^^^^^^l future or contingent estate or interest, or part thereof, as the estate case may be, shall be payable as in sections 16 and 17 provided. (4) Notwithstanding the duty may under this section not be commuting payable until the time when the right of possession or actual future estate ^ . , !_ 1 • • I J. J • or interests enjoyment accrues any executor, administrator, guardian, or trustee, or person owning a prior interest when such executor, administrator, guardian, or trustee or person has the custody or control of the property may agree upon or commute for a present payment out of the property in discharge of the said duty; and the treasurer of the Territories may upon the applica- tion of any such person commute the succession duty which would or might but for the commutation become payable in respect of such interest for a certain sum to be presently paid and for determining that sum shall cause a present value to be set upon such duty regard being had to the contingencies affecting the liability to and rate and amount of such duty and interest and on the receipt of such sum the treasurer shall give a certificate of discharge from such duty. 17. The duties imposed by this Ordinance unless otherwise Duties to be .^ herein provided shall be due and payable at the death of theeSSeen™ ''° 1171 Cap. 116 SUCCESSION DUTIES S. 17 Proviso Extension of time for payment Se'deIth°o? deceased or within eighteen months thereafter and if the same theo-BTier are paid within eighteen months no interest shall be charged or collected thereon but if not so paid interest at the rate of five per centum per annum from the death of the deceased shall be charged and collected and such duties together with the interest thereon shall be and remain a hen upon the property in respect to which they are payable until the same is paid: Provided that the duty chargeable upon any legacy given by way of annuity whether for life or otherwise shall be paid by four equal payments the first of which payments of duty shall be made before or on completing payment of the first year's annuity and the three others of such payments of duty shall be made in hke manner successively before or on completing the respective payments of the three succeeding years' annuity respectively. In case the annuity dies before the expiration of the said four years only payment of instalments which fall due before his death shall be required : Provided further that the Lieutenant Governor in Council upon its being proved to his satisfaction that payment of the duty within the time limited by this subsection would be un- duly onerous on the estate may by order so extend the time for the payment of the said duty as shall appear just and reason- able; and the duty shall be due and payable as in the said order set forth. (2) The treasurer of the Territories on being satisfied tha^ the full amount of succession duty has been or will be paid in respect of an estate or any part thereof shall if required by the person accounting for the duty give a certificate to that effect which shall discharge from any further claim for succes- sion duty the property shown by the certificate to form the estate, or such part thereof, as the case may be. Certificate not (3) Such Certificate shall not discharge any person or property D. discbi3.rK6 in o«/x i.i.^t' case of fraud, othcr than a bona fide purchaser for valuable consideration without notice from succession duty in case of fraud or failure to disclose material facts and shall not affect the rate of duty payable in respect of any property afterwards shown to have passed on the death and the duty in respect of such property shall be at such rate as would be payable if the value thereof were added to the value of the property in respect of which duty has been aheady accounted for: Provided the said treasurer may in his discretion decline to grant such certificate until the expiration of one year from the death of the deceased testator or intestate as the case may be. Certificate of discharge to be given by Territorial treasurer Extension of time for payment of duty 18. Upon the application of any person liable for the pay- ment of any duty under this Ordinance on notice to the Ter- ritorial treasurer a judge may make an order extending the time fixed by law for payment thereof where it appears to such judge that payment within the time prescribed by this Ordinance is impossible owing to some cause over which the person hable has no control. 1172 S. 26 SUCCESSION DUTIES Cap. 116 10 19. Any administrator, executor or trustee having in charge Adminis trators, etc., to or trust any estate, legacy or property in respect of which deduct' duty duty is payable under this Ordinance shall deduct the duty dlhvlring therefrom or collect the duty thereon upon the appraised value p™""'^ thereof from the person entitled to such property and he shall not deliver any property subject to duty to any person until he has collected the duty thereon. 20. Executors, administrators and trustees shall have power Power to sen to sell so much of the property of the deceased as will enable duty"''""'"'' °* them to pay the duty in the same manner as they may by law do for the payment of debts of the testator or intestate. 21. Every sum of money retained by an executor, adminis- Duty to be trator or trustee or paid into his hands for the duty on anywtoriaj property shall be paid by him forthwith to the treasurer of *''^^^"''^'' the Territories or as he may direct. 32. A^liere any debts shall be proved against the estate ofRefimding a deceased person after the payment of legacies or distribution subseqSent of property from which the duty has been deducted or upon deSts™* °' which it has been paid and a refund is made by the legatee, devisee, heir or next of kin a proportion of the duty so paid shall be repaid to him by the executor, administrator or trustee. 23. No foreign executor or administrator shall assign or Foreign transfer any stocks or shares in the Territories standing in the nortoTinsfer' name of a deceased person or in trust for him which are liable mui^uty paid to pay succession duty until such duty is paid to the treasurer of the Territories or security given as required by section 6 of this Ordinance and any corporation allowing a transfer of any stocks or shares contrary to this section shall be liable to pay the duty payable in respect thereof. 24. If it is made to appear on affidavit to a judge that anyjiodeof duty accruing under this Ordinance has not been paid accord- «^^oJjs^f ing to law he may make an order by way of originating sum- duty mons directing the persons interested in the property liable to the duty to appear before the court on a day certain to be therein named and show cause why said duty shall not be paid. (2) The service of such order and the time, manner and proof thereof, and fees therefor and the hearing and deter- mming thereon and the enforcement of the judgment of the court thereon shall be according to the practice in or upon the enforcement of a judgment of the Supreme Court. 25. The costs of all proceedings under this Ordinance in costs the court shall be in the discretion of the court or of a judge. 26. Any action, matter or proceeding by or against the limtations of Territories in respect of duties or claims arising upon or out of^°'°"' 1173 11 Cap. 116 SUCCESSION duties s. 26 any succession shall be commenced within six years from the time when such duties or claims became payable. Fees of ^ 37. The clerks of the court shall be entitled to take for the performance of duties and services imder this Ordinance fees similar to those payable to. them under the rules of the Supreme Court. Governor"to ^^- The Lieutcnaut Governor in Council may make regula- "'^''f,. tions for carryiner into effect the provisions of this Ordinance regulations JO ^ .iir- I'lini and to cover cases not herein provided tor which shall be pub- lished forthwith in the official gazette. \\74 CHAPTER 117. An Ordinance respecting the Action for Seduction. (Chapter 8 of 1903, 2nd Session.) T HE Lieutenant Governor by and with the advice and con- -^ sent of the Legislative Assembly of the Territories enacts as follows: 1. The father or, in case of his death, the mother (whether Action when she remains a widow or remarries) of any unmarried f emale gjf 'f^^^^^^^^" who has been seduced and for whose seduction the father or mother mother could maintain an action in case such unmarried female was at the time dwelling under his or her protection may main- tain an action for the seduction, notwithstanding such unmar- ried female was at the time of her seduction serving or residing with another person upon hire or otherwise. 2. Upon the trial of an action for seduction brought by the Proof of father or mother it shall not be necessary to prove any act ofdis™nsed with service performed by the party seduced but the same shall in all eases be presumed and no evidence shall be received to the contrary; but in case the father or mother of the female seduced ^aj^ainabk had before the seduction abandoned her and refused to provide ^y master, etq. for and retain her as an inmate then any other person who might at common law have maintained an action for the seduc- tion may maintain such action. 3. Any person other than the father or mother who by reason where father of the relation of master or otherwise would have been entitled resSenUn'thV at common law to maintain an action for the seduction of an '^^"'"*°"*^ unmarried female may still maintain such action if the father or mother be not resident in the Territories at the time of the birth of the child which is born in consequence of the seduction or being resident therein does not bring an action for the seduc- tion within six months from the birth of the child. 4. Notwithstanding anything in this Ordinance an action Actwn^may^^ for seduction may be maintained by any unmarried female who party seduced , , ,1.1 • , 1 in her own has been seduced, m her own name, m the same manner as an name action for any other tort and in any such action she shall be entitled to such damages as may be awarded. 1175 CHAPTER 118. An Ordinance respecting the Support of Illegitimate Children. (Chapter 9 of 1903, 2nd Session.) THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows: TLo father of 1. Any person who furnishes food, clothing, lodging or other child ImbS'fOT uecessaries to any child born out of lawful wedlock may maintain necessaries ^^ actiou for the value thereof against the father of the child if the child was a minor at the time the necessaries were fur- nished and was not then residing with his or her reputed father and maintained by him as a member of his family. j^'hen other g. Where the person suing for the value of the necessaries than that of is the mothcr of the child or a person to whom the mother requSte *"" has bgcome accountable for the necessaries the fact of the defen- dant being the father shall be proved by other testimony than that of the mother. No action 3. No actlou shaU be sustained under the preceding two SSSl^the " sections unless it is shown upon the trial thereof that while fmd^vir^^^^ the mother of the child was pregnant or within six months bfrtTof'the 3,fter the birth of her child she did voluntarily make an affidavit sSmontlw"™ *^ writing before some one of His Majesty's justices of the after peace for the Territories declaring that the person afterwards charged in the action is really the father of the child, nor unless she deposited the affidavit within the time aforesaid in the office of the clerk of the Supreme Court for the judicial district in which she resides or in the office of the deputy clerk if she resides in a deputy clerk's district. Such affidavit 4. The affidavit shall not be evidence of the fact of the e^dence* defendant being the father of the child. remedies not 5. This Ordinance shall not take away or abridge any right to be affected Qf actiou or remedy which without this Ordinance might have been maintained against the father of an illegitimate child. 1176 CHAi'TBR 119. An Ordinance respecting Trustees and Executors and the Administration of Estates. (Chapter 11 of 1903, 2nd Session.) rpHE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: SHOET TITLE. 1. This Ordinance may be cited as " The Trustee Ordinance." short title INTEEPRETATION. 3. Unless the context otherwise requires the expression interpretation "trustee" shall be deemed to include an executor or adminis- trator and a trustee whose trust arises by construction or implication of law as well as an express trustee and shall also include several joint trustees. INVESTMENTS. 3. Trustees having trust money in their hands which it is Trustees may their duty or which it is in their discretion to invest at interest iSonlys'Sf' shall be at Uberty at their discretion to invest the same in any securities stock, debentures or securities of the Government of the Domin- ion of Canada or of any of the provinces of Canada or any debentures or securities the payment of which is guaranteed by the Government of the Dominion of Canada or of any prov- ince of Canada or in the debentures of any municipahty or school district in the Territories; or in securities which are a first charge on land held in fee simple provided that such invest- ments are in other respects reasonable and proper and such trustees shall also be at liberty at their discretion to call in any trust funds invested in any other securities than as aforesaid and to invest the same in any such stock, debentures, or securities aforesaid, and also from time to time at their discretion to vary any such investments as aforesaid, for others of the same nature; and any such moneys already invested in any such stock, debentures or securities as aforesaid shall be held and taken to have been lawfully and properly invested. (2) This section shall apply and extend to both present and Jppf/ to'au *° future trustees. uu^t^^s, etc. 4. The powers hereby conferred are in addition to the powers Additional conferred by the instrument, if any, creating the trust : p°'''"" ^'^^° 1177 Cap. 119 ADMINISTRATION OF ESTATES s. 4 Proviso Provided that nothing herein contained shall authorize any trustee to do anything which he is in express terms forbidden to do or to omit to do anything which he is in express terms directed to do by the instrument creating the trust. When trustee 5. No trustec lending money upon the security of any for lending on property shall be chargeable with breach of trust by reason securitT" only of the proportion borne by the amount of the loan to the value of the property at the time when the loan was made provided that it appears to the court that in making the loan the trustee was acting upon a report as to the value of the property made by a person whom the trustee reasonably believed to be an able practical surveyor or valuer instructed and employed independently of any owner of the property whether such surveyor or valuer carried on business in the locality where the property is situate or elsewhere and that the amount of the loan does not exceed two-thirds of the value of the property as stated in the report and that the loan was made under the advice of the surveyor or valuer expressed in the report. (2) This section shall apply to a loan upon any property on which the trustee can lawfully lend and to transfers of existing securities as well as to new securities and to investments made as well before as after the passing of this Ordinance. Trustees lending more than authorized amount 6. Where a trustee has improperly advanced trust money on a mortgage security which would at the time of the investment have been a proper investment in all respects for a less sum than was actually advanced thereon the security shall be deemed an authorized investment for such less sum and the trustee shall only be liable to make good the sum advanced in excess thereof with interest. (2) This section shall apply to investments made as well before as after the passing of this Ordinance. Liability in 7. No trustcc shall be liable for breach of trust by reason of charaetif If ouly of hls coutinuiug to hold an investment which has ceased investment ^^ j^^ ^^ investmcut authorized by the instrument of trust or by the general law and this provision shall apply to cases arising before or after the passing of this Ordinance. RIGHTS AND LIABILITIES OF TRUSTEES. insfrumenfto ^- Evciy (Iced, will Or other document creating a trust either contirirci'iue°e ^^pi't'ssly or by implication shall without prejudice to the for the clauses actually contained therein be deemed to contain a ment of the trustees reimburse- clausc lu the woixls or to the effect following that is to say: "That the trust ch's or trustee for the time being of the said deed, will or other instrument shall be respectively chargeable only for such moneys, stocks, funds and securities as they shall ies))ectively actually receive notwithstanding their respectively 1178 S. 9 (b) ADMINISTRATION OF ESTATES Cap. 119 I signing any receipt for the sake of conformity and shall be answerable and accountable only for their own acts, receipts, neglects or defaults and not for those of each other nor for any banker, broker or other person with whom any trust moneys or securities may be deposited; nor for the insuffi- ciency or deficiency of any stocks, funds or securities nor for any other loss unless the same shall happen through their own wilful neglect or default respectively; and also that it shall be lawful for the trustees or trustee for the time being of the said deed, will or other instrument to reimburse themselves or himself or pay or discharge out of the trust premises all expenses incurred in or about the execution of the trusts or powers of the said deed, will or other instrument." 9. AVhere a trustee, either original or substituted and A.pp°'°*™^°* ' " oi new whether appointed by the court or otherwise, dies, or desires ♦rustees to be discharged from, or refuses or becomes unfit or incap- able to act in the trusts or powers in him reposed before the same have been fully discharged and performed it shall be lawful for the person or persons nominated for that purpose by the deed, will or other instrument creating the trust, if any, or if there be no such person, or no such person able and willing to act, then for the surviving or continuing trustees or trustee for the time being, or the acting executors or executor or administrators or administrator of the last surviving and con- tinuing trustee, or for the last retiring trustee, by writing, to appoint any other person or persons to be a trustee or trustees in place of the trustee or trustees dying, or desiring to be dis- charged, or refusing, or becoming unfit, or incapable to act as aforesaid; and so often as any new trustee or trustees is or are so appointed as aforesaid all the trust property, if any, which for the time being is vested in the surviving or continuing trustees or trustee, or in the heirs, executors or administrators of any trustees or trustee, shall with all convenient speed be conveyed, assigned and transferred so that the same may be legally and effectually vested in such new trustee or trustees, either solely or jointly with the surviving or continuing trustees, or a surviving or continuing trustee as the case may require; and every new trustee to be appointed as aforesaid, as well before as after such conveyance, assignment or transfer as aforesaid, and also every trustee appointed by the court either before or after the passing of this Ordinance, shall have the same powers, authorities and discretions, and shall in all respects act as if he had originally been nominated a trustee by the deed, will, or other instrument creating the trust. (2) On the appointment of a new trustee for the whole or any part of trust property — (a) The number of trustees may be increased; and (6) A separate set of trustees may be appointed for any part of the trust property held on trusts distinct from those relating to any other part or parts of the trust 1179 4 Cap. 119 ADMINISTRATION OF ESTATES S. 9 (b) property notwithstanding that no new trustees or trustee are or is to be appointed for other parts of the trust property and any existing trustee may be appointed or remain one of such separate set of trus- tees; or, if only one trustee was originally appointed, then one separate trustee may be so appointed for any such part of the trust property; and (c) It shall not be obligatory to appoint more than one new trustee where only one trustee was originally appointed or to fill up the original number of trustees where more than two trustees were originally appointed; but, except where only one trustee was originally appointed, a trustee shall not be discharged under this section from his trust unless there will be at least two trustees to perform the trust; and (d) Any assurance or thing requisite for vesting the trust property or any part thereof jointly in the persons who are the trustees shall be executed or done. (3) Every new trustee so appointed, as well before as after all the trust property becomes by law, or by assurance, or otherwise, vested in him, shall have the same powers, authori- ties, and discretions and may in all respects act as if he has been originally appointed a trustee by the instrument, if_]any, creating the trust. (4) The provisions of this section relative to a trustee who is dead include the case of a person nominated trustee in a will but dying before the testator, and those relative to a continu- ing trustee include a refusing or retiring trustee if wilUng to act in the execution of the provisions of this section. (5) This section applies only if and as far as a contrary intention is not expressed in the instrument, if any, creating the trust and shall have effect subject to the terms of that instrument and to any provisions therein contained. (6) This section applies to trusts created either before or after the passing of this Ordinance. g^^i^l^ent of 10. Where there are more than two trustees, if one of them by deed declares that he is desirous of being discharged from the trust, and if his co-trustees and such other person, if any, as is empowered to appoint trustees, by deed consent to the discharge of the trustee, and to the vesting in the co-trustees alone of the trust property, then the trustee desirous of being discharged shall be deemed to have retired from the trust and shall, by the deed, be discharged therefrom under this Ordinance without any new trustee being appointed in his place. (2) Any assurance or thing requisite for vesting the trust property in the continuing trustees alone shall be executed or done. IISO S. 12 (2) ADMINISTRATION OF ESTATES Cap. 119 5 (3) This section applies only if and as far as a contrary intention is not expressed in the instrument, if any, creating the trust and shall have effect subject to the terms of that instrument and to any provisions therein contained. (4) This section applies to trusts created either before or after the passing of this Ordinance. 11. Where an instrument by which a new trustee is appointed vesting of to perform any trust contains a declaration by the appointor [^ew™'''"*'' to the effect that any estate or interest in any land subject ^""'igp^g^'"^ to the trust, or in any chattel so subject, or the right to recover without and receive any debt or other thing in action so subject, shall vest in the persons who by virtue of such instrument become and are the trustees for performing the trust, that declaration shall, without any conveyance or assignment but subject to the provision of any Act or Ordinance respecting the regis- tration of titles to lands, operate to vest in those persons as joint tenants and for the purposes of the trust, that estate, interest or right. (2) Where an instrument by which a retiring trustee is discharged imder this Ordinance contains such a declaration as is in this section mentioned by the retiring and continuing trustees and by the other person, if any, empowered to appoint trustees, that declaration shall without any conveyance or assignment but subject as aforesaid operate to vest in the continuing trustees alone as joint tenants and for the purposes of the trust, the estate, interest or right to which the declaration relates. (3) This section does not extend to any share, stock, annuity, or property only transferable in books kept by a company or other body or in manner prescribed by or under an Ordinance of the Legislative Assembly of the Territories. (4) For the purposes of registration of an instrument the person or persons making the declaration shall be deemed the conveying party or parties and the conveyance shall be deemed to be made by him or them under a power conferred by this Ordinance. PURCHASE AND SALE. 13. Where a trust for sale or a power of sale of property is po^^^'^^^,^ vested in a trustee he may sell or concur with any other person slTI to%en by in selling all or any part of the property either subject to prior ^""*'°°' charges or not, and either together or in lots, by pubUc auction or by private contract subject to any such conditions respect- ing title or evidence of title or other matter as the trustee thinks fit with power to vary any contract for sale and to buy in at any auction or to rescind any contract for sale and to resell without being answerable for any loss. (2) This section applies only if and as far as a contrary intention is not expressed in the instrument creating the trust 1181 Cap. 119 ADMINISTRATION OF ESTATES S. 12 (2) Power to aell subject to depreciatory conditions or power and shall have effect subject to the terms of that instrument and to the provisions therein contained. 13. No sale made by a trustee shall be impeached by any beneficiary upon the ground that any of the conditions subject to which the sale was made may have been unnecessarily depreciatory unless it also appears that the consideration for the sale was thereby rendered inadequate. (2) No sale made by a trustee shall after the execution of the conveyance be impeached as against the purchaser upon the ground that any of the conditions subject to which the sale was made may have been unnecessarily depreciatory unless it appears that the purchaser was acting in collusion with the trustee at the time when the contract for sale was made. (3) No purchaser upon any sale made by a trustee shall be at liberty to make any objection against the title upon the ground aforesaid. Fee simple 14. UpoH the death of a bare trustee of any corporeal or trattels°to ^'^'^ incorporeal hereditament of which such trustee was seized in plreJnai''^''^ fcc simple such hereditaments shall vest in the legal personal representa- tives Conveyances by married woman as bare trustee Receipts of trustees to be effectual discharges representative, from time to time, of such trustee. 15. Where any freehold hereditament is vested in a married woman as bare trustee she may convey or surrender the same as if she were a feme sole and without her husband joining in the conveyance. 16. The bona fide payment of any money to and the receipt thereof by any person to whom the same is payable upon any express or implied trust, or for any Umited purpose, and such payment to and receipt by the survivors or survivor of two or more mortgagees or holders or the executors or administrators of such survivor or their or his assigns, shall effectually dis- charge the person paying the same from seeing to the application or being answerable for the misappUcation thereof, unless the contrary is expressly declared by the instrument creating the trust or security. VARIOUS POWERS AND LIABILITIES. Appointment of agents by trustees for certain purposes 17. It shall be lawful for a trustee to appoint an advocate to be his agent to receive and give a discharge for any money or any valuable consideration of property receivable by such trustee under the trust; and no trustee shall be chargeable with breach of trust by reason only of his having made or concurred in making such appointment : Provided that nothing herein contained shall exempt a trustee from any Uability which he would have incurred if this section had not been enacted in case of permitting such money, valuable consider- ation, or property to remain in the hands or under the control 1182 S. 21 ADMINISTRATION OF ESTATES Cap. 119 7 of the advocate for a period longer than is reasonably necessary to enable the solicitor to pay or transfer the same to the trustee. (2) It shall be lawful for a trustee to appoint a chartered bank or advocate to be his agent to receive and give a discharge for any money payable to such trustee under or by virtue of a policy of assurance or otherwise; and no trustee shall be chargeable with a breach of trust by reason only of his having made or concurred in making any such appointment: Provided that nothing herein contained shall exempt a trustee from any liability which he would have incurred if this section had not been enacted, in case he permits such money to remain in the hands or under the control of the bank or advocate for a period longer than is reasonably necessary to enable him to pay the same to the trustee. 18. It shall be lawful for but not obligatory upon a trustee po'"?''^ «/ to insure against loss or damage by fire any building or other insure trust insurable property to any amount (including the amount of^™**^'^ any insurance already on foot) not exceeding three equal fourth parts of the full value of such building or property and to pay the premiums for such insurance out of the income thereof or out of the income of any other property subject to the same trusts without obtaining the consent of any person entitled wholly or partly to such income. (2) This section shall not apply to any building or property which a trustee is bound forthwith to convey absolutely to and cestui que trust upon being requested to do so. 19. Where a trustee has committed a breach of trust at the Trustee . , , . . , . c 1 committing gation or request or with the consent m writing oi a bene- breach of ficiary the court may, if it thinks fit, and notwithstanding instigatioii that the beneficiary is a married woman entitled for her separate °^ ''™^ "^'^' use, whether with or without a restraint upon anticipation, make such order as to the court seems just for impounding all or any part of the interest of the beneficiary in the trust estate by way of indemnity to the trustee or person claiming through him. 20. The receipt in writing of any trustee for any money Power of . ^ securities or other personal property or effects payable, trans- receipts ° ^^^ ferable or deliverable to him under any trust or power shall be a sufficient discharge for the same and shall effectually exonerate the person paying, transferring, or delivering the same from seeing to the application or being answerable for any loss or misapplication thereof. (2) This section applies to trusts created either before or after the passing of this Ordinance. 31. A trustee, or two or more trustees, acting together, or a Power for ^^^ sole acting trustee where by the instrument, if any, creating trasTee°s'^to'"' -I10Q compound, etc. Cap. 119 ADMINISTRATION OF ESTATES s. 21 the trust a sole trustee is authorised to execute the trusts and powers thereof may, if and as he or they may think fit, accept any composition or any security real or personal for any debt or for any property real or personal claimed and may allow any time for payment for any debt and may compromise, compound, abandon, submit to arbitration, or otherwise settle any debt, account, claim, or thing whatever relating to the testator's or intestate's estate or to the trust, and for any of those purposes may enter into, give, execute, and do such agi'eements, instruments of composition or arrangement, releases and other things as to him or them seem expedient without being responsible for any loss occasioned by any act or thing so done by him or them in good faith. (2) This section appUes only if and as far as a contrary intention is not expressed in the instrument, if any, creating the trust and shall have effect subject to the terms of that instrument and to the provisions therein contained. (3) This section applies to executorships, administrator- ships and trusts constituted or created either before or after the passing of this Ordinance. Powers of two or more trustees 33. Where a power or trust is given to or vested in two or more trustees jointly then unless the contrary is expressed in the instrument, if any, creating the power or trust the same may be exercised or performed by the survivor or survivors of them for the time being. Exoneration 33. A trustee actlug Or paying money in good faith under ?n r™pecf of Or iu pursuance of any power of attorney shall not be liable of'^fJorSey """^^ for any such act or payment by reason of the fact that at the time of the payment or act the person who gave the power of attorney was dead or had done some act to avoid the power if this fact was not known to the trustee at the time of his so acting or paying. (2) Nothing in this section shall effect the right of any person entitled to the money against the person to whom the payment is made and the person so entitled shall have the same remedy against the person to whom the payment is made as he would have had against the trustee. MAINTENANCE OF INFANTS. In case property held in trust.for infant, trustees may apply income for main- tenance of infant 34. In all cases where any property is held by trustees in trust for infant, either absolutely or contingently on his attain- ing the age of twenty-one years or on the occurrence of any event previously to his attaining that age, it shall be lawful for such trustees at their sole discretion to pay to the guardians, if any, of such infant, or otherwise to apply for or towards the maintenance or education of such infant, the whole or any part of the income to which such infant may be entitled in respect of such property whether there be any found applicable 1184 S. 26 ADMINISTRATION OF ESTATES Cap. 119 9 to the same purpose or any other person bound by law to pro- vide for such maintenance or education or not, and such trustees shall accumulate all the residue of such income by way of compound interest by investing the same and the resulting income thereof from time to time in proper securities for the benefit of the person who shall ultimately become entitled to the property from which such accumulation shall have arisen : Provided always that it shall be lawful for such trustees at any time if it shall appear to them expedient to apply the whole or any part of such accumulations as if the same were part of the income arising in the then current year. 25. In all cases where any property either real or personal P''?Py''g''t'yfo^^''' is held by trustees in trust for an infant either absolutely or ^il'b^ ^avi"^ contingently on his attaining the age of twenty-one years or of a judge and on the occurrence of any event previously to his attaining thatthMlrf^ age and where the income arising from such property ismaSnance insuflacient for the maintenance and education of such infant oFsuchiSant's it shall be lawful for such trustees by leave of a judge of the Supreme Court to be obtained in a summary manner to sell and dispose of any portion of such real or personal property and to pay to the guardians, if any, of such infant or other- wise to apply for or towards the maintenance or education of such infant the whole or any part' of the money arising from such sale as aforesaid; and in the event of the whole of the money arising from any sale of the real or personal property as aforesaid not being immediately required for the mainten- ance and education of such infant then the said trustees shall and '"'''*'°° invest the surplus moneys and the resulting income therefrom monlyT so* °^ from time to time in proper securities and shall apply such^'^aUsed moneys and the proceeds thereof from time to time for the education and maintenance of the said infant and shall hold all the residue of the moneys and interest thereon not required for the education and maintenance of such infant as aforesaid for the benefit of the person who shall ultimately become entitled to the property from which such moneys and interest have arisen. 26. Where a trustee or assignee acting under the trusts ofnisMbution a deed or assignment for the benefit of creditors generally Snllftmst or a particular class or classes of creditors where the creditors are not designated by name therein, or an executor or an ad-benel/of ministrator has given such or the Uke notices as in the opinion l^f^^i°lt°i of the court in which such trustee, assignee, executor or ad- gstator^or^^^^ ministrator is sought to be charged, would have been given by notice^gjven the Supreme Court in an action for the execution of the trusts assignee, of such deed or assignment, or an administration suit as the Administrator case may be, for creditors and others, to send in to such trustee, assignee, executor or administrator their claims against the person for the benefit of the creditors of whom such deed or assignment is made, or the estate of the testator or intestate, as 1185 10 Cap. 119 ADMINISTRATION OF ESTATES S. 26 the case may be, the trustee, assignee, executor or administrator shall, at the expiration of the time named in the said notices, or the last of the said notices, for sending in such claims be at liberty to distribute the proceeds of the trust estate, or the assets of the testator or intestate, as the case may be, or any part thereof amongst the parties entitled thereto, having regard to the claims of which the trustee, assignee, executor or administrator has then notice, and shall not be liable for the proceeds of the trust estate, or assets, as the case may be, or any part thereof so distributed to any person of whose claim the trustee, assignee, executor or administrator had not notice at the time of the distribution thereof or a part thereof, as the case may be; but nothing in this Ordinance contained shall prejudice the right of any creditor or claimant to follow the proceeds of the trust estate or assets, as the case may be, or any part thereof into the hands of the person or persons who may have received the same respectively. PAYMENT INTO COURT BY TRUSTEES. TOurtby^'"'" 2''- Trustees, or the majority of trustees, having in their trustees hands or under their control money or securities belonging to a trust, or to the estate of a deceased person, may pay the same into the Supreme Court; and the same shall subject to the rules of Court, be dealt with according to the orders of the Supreme Court. (2) The receipt or certificate of the proper officer shall be a sufficient discharge to trustees for the money or securities so paid into court. (3) AATiere any moneys or securities are vested in any persons as trustees and the majority are desirous of paying the same into court but the concurrence of the other or others cannot be obtained the Supreme Court may order the payment into court to be made by the majority without the concurrence of the other or others, and where any such moneys or securities are deposited with any banker, broker or other deposi- tary the court may order payment or delivery of the moneys or securities to the majority of the trustees for the purpose of payment into court and every transfer payment and delivery made in pursuance of any such order shall be valid and take effect as if the same had been made on the authority or by the act of all the persons entitled to the moneys and securities so trans- ferred, paid, or delivered. Itelief of trustees committing technical breach of trust 28. If in any proceeding affecting trustees or trust property it appears to the court that a trustee whether appointed by the court or by an instrument in writing or otherwise, or that any person who in law may be held to be fiduciarily respon- sible as a trustee, is or may be personally Uable for any breach whether the transaction alleged or found to be a breach of trust occurred before or after the passing of this Ordinance but has acted honestly and reasonably and ought fairly to be excused 1186 S. 34 ADMINISTRATION OF ESTATES Cap. 119 11 for the breach of trust and for omitting to obtain the directions of the court in the matter in which he committed such breach then the court may reheve the trustee either wholly or partly from personal liabihty for the same. RIGHTS AND LIABILITIES OF EXECUTORS AND ADMINISTRATORS. 39. The executors or administrators of any deceased person Actions by may maintain an action for all torts or injuries to the person admiw" ""'' or to the real or personal estate of the deceased except in cases t™tr^ ^°'' of libel and slander in the same manner and with the same rights and remedies as the deceased would if living have been entitled to do; and the damages when recovered shall form ' part of the personal estate of the deceased; but such action shall be brought within one year after his decease. 30. In case any deceased person committed a wrong to^g<=jJJ™j^ another in respect of his person or of his real or personal executors and property except in cases of libel and slander the person sotratorsfor wi'onged may maintain an action against the executors or administrators of the person who committed the wrong; but such action shall be brought within one year after the decease. 31. In estimating the damages in any action under either Damages in of the next preceding two sections the benefit, gain, profit two°preSlng or advantage which in consequence of or resulting from the^^"*'""^ wrong committed may have accrued to the estate of the person who committed the wrong shall be taken into consideration and shall form part or may constitute the whole of the damages to be recovered and whether or not any property or the proceeds of value of property belonging to the person bringing the action or to his estate has or have been appropriated by or added to the estate or moneys of the person who committed the wrong. 32. The executors or administrators of any lessor or land- ^j'^;;?"''^ °'' lord may distrain upon the lands demised for any term or attrators^o^f^a will for the arrears of rent due to such lessor or landlord in distrain for his lifetime in hke manner as such lessor or landlord might have done if living. 33. Such arrears may be distrained for at any time within Such^arrears^^ six months after the determination of the term or lease and ^strained for during the continuance of the possession of the tenant from months after whom the arrears became due; and the law relating to dis- of th™ease°" tresses for rent shall be applicable to the distresses so made as aforesaid. 34. In case any one or more joint contractors, obligors or Representa- partners die the person interested in the contract, obligation or ^^^^4°^^ j„i„t promise entered into by such joint contractors, obligors or l.F,RS~Contmued. Interpretation "hawker" 537 "pedler" 537 License to auctioneer, hawker or pedler 537 application for hawker's or pedler's license, statement to be furnished 537 expires 31st December ■■■■■■■■................ 537 fees g37 Municipalities excepted from operation of Ordinance . . 538 Pedler, interpretation 537 license must be obtained by 537 application for, statement to be furnished 537 issue of 537 expires 31st December 537 , ^fee ;;;;;■ 537 sales by, hmited to goods set forth in application 537 Penalty for violation of Ordinance 538 AUDIT OF PUBLIC ACCOUNTS (See Treasury Department.) AUDITORS, OFFICIAL (See Official Auditors.) BEET SUGAR FACTORIES. No assessment to be made by any municipality, etc., hereafter incor- porated, for 20 years 1071 Not to affect existing municipalities, etc. 1071 BENEVOLENT AND OTHER SOCIETIES. Benefits to members, exempt from claims by creditors or personal representative 646 payment of in good faith to wrong person . . 646 recovery by person entitled 646 Branches may be established 645 different, or societies may unite for building 646 By-laws, rules and regulations, power to make 645 alter or rescind 645 Certificate, judge's, on declaration of incorporation 645 to be filed in office of registrar 645 defect in form not to invalidate incorporation 648 of incorporation, effect of as evidence 647 application to judge for ....'. 648 practice and costs on. . 648 evidence required on . . 648 issue by clerk of court 648 contents of 645 registrar's, on copy declaration 647 Change of name or purposes 649 proceedings for .' 649 judge's order 649 to be filed 649 certified copy of evidence of change 649 rights and obligations of society not affected by 649 Declaration of incorporation 645 duplicate, to be in 645 certificate of judge to be indorsed on 645 defect in form not to invalidate incorporation . . 648 filing with registrar 645 fee for 645 certified copy to be evidence 647 Defects in form of judge's certificate, etc., no invalidity by reason of . . . 648 Different branches of societies may unite 646 Exchange of lands by society 647 Forms, approval of by Lieutenant Governor in Council, effect of 649 Incorporation for certain purposes 645 proceedings for 645 Lands (See Powers of Society.) Minors, liability to pay fees, etc • •• ■ 646 Mode of incorporation 645 Mortgage of lands, power to 647 Obligations and rights of societies not affected by change of name 649 1225 8 INDEX 1905 The figures refer to the foot paging. BENEVOLENT AND OTHER SOCIETIES— -Contimied. Officers, power to appoint 645 Payment, in good faith to wrong person of benefil of members 646 Power to form societies for certain purposes 646 Powers of society 646, 647 lands, etc., as to acquiring, etc., limited 646 by gift, etc., limited 647 sale, mortgage, etc., of by society 647 Rights and obligations of society not affected by change of name 649 Sale of lands by society 647 Secretary, power to appoint 645 Societies, different, or branches may unite for building 646 Statement of real property, etc., held, to be furnished when required. . . . 649 Treasurer, power to appoint 645 Union of societies or branches for purpose of building, etc 646 resolution for 646 BILLS OF SALE. Affidavits and affirmations, to accompany mortgage and conveyance . . . 439 who may administer 447 . fee for administering 447 Agent's authority for taking or renewal may be general 445 Alterations of districts 438 "Assignee " includes agent, or manager of incorporated company 445 Assignment, filing of 446 to be filed before renewal of mortgage 444 "Bargainee" includes agent or manager of incorporated company 445 Book, register to be kept by registration clerk 441 register of seed grain mortgages 442 Causes for seizure by mortgagee, on default 442 Certificate of discharge of mortgage 446 form of 446 Certified copy of mortgage to be evidence 447 Clerks, registration 438 to enter instrument 441 Conditional sales of goods 440 Conveyance of growing or future crops 441 Crops growing or future, security on 441 valid only if for purchase price, etc., of seed grain 441, 442 statement to be contained in affidavits of bona fides 442 must be sown within one year of mortgage 442 a preferential security 442 particulars to be stated in mortgage and affidavit 442 separate register of, to be kept by registration clerk 442 Default, procedure under mortgage on 442 causes for seizure by mortgagee 442 Description of property in instrument to be full 441 assignment for benefit of creditors, exception as to 441 Discharge of mortgage 446 entry of 446 certificate of 446 form of 446 Districts, registration 437 new, may be formed 438 not to affect mortgages 445 Entry and indorsement of discharge of mortgage 446 Errors, rectification of 445 Evidence, certified copy of instrument to be 447 registration of clerk's certificate to be 447 Expiry of time for fifing, on Sunday or holiday 448 False statements in instruments, etc., effect of 441 Fees for fifing seed grain mortgage 442 administering affidavits, etc 447 filing, copies, searches and certificates 448 Fifing, time for, expiring on holiday or Sunday 448 Forms 442 Holiday, time for filing expiring on 448 Hours, office of, registration clerk 439 Mortgagee, causes for seizure by 442 Mortgages of chattels 439 1226 1905 INDEX The figures refer to the foot paging. BILLS OF SALF,— Continued. Mortgages, form of 448 registration of, within thirty days 439 effect of 439 certified copy of, to be evidence 447 discharge of 44g has effect only in registration district where registered 441 affidavits of execution and bona fides to accompany 439 where new districts formed 445 to secure future advances or to indemnify 439 affidavits of execution and bona fides to accompany. 439 registration of within thirty days 439 has effect only in registration district where registered 44 1 renewal of 443 "Mortgagee" includes agent or manager of incorporated company 446 New districts, formation of, not to affect mortgage 445 Oaths, officers for 447 fee for administering 447 Office hours 439 Omission to register instrument, effect of 441 Payment, default in 442 Rectification of errors and omissions 445 Register to be kept by registration clerk 441 of seed grain mortgages to be kept 442 Registration to be in district where property situate 441 time for 439, 440 Registration clerks for existing districts, continued 438 appointment of 438 office hours 439 inspection of office 142 not to prepare instruments, etc 439 duties as regards registration 441 Registration districts, existing 437 new may be constituted 438 Removal of chattels from registration district 447 mortgagee to receive twenty days prior notice 447 certified copy of mortgage to be filed within three weeks in district to which goods are removed 447 Renewal of mortgage 443 statement to be filed within two years 443 yearly thereafter 444 form of 443 affidavit verifying, to accompany 444 personal representative or assignee may make 444 Sale of goods, etc., without immediate dehvery 440 to be by conveyance in writing 440 registration within thirty days required 440 affidavits of execution and bona fides to accompany 440 effect of omission of 441 has effect only in district where registered 441 Schedule 448 Securities on crops 441 Seed grain mortgages (See Crops.) Seizure by mortgagee (See Causes for Seizure.) Short title 437 Time for ffiing expiring on a holiday or Sunday 448 BIRDS, PROTECTION OF USEFUL . . (See Protection op Useful Birds.) BIRTHS, DEATHS and MARRIAGES (See Vital Statistics.) BOARDING HOUSE KEEPERS . . (See Hotel and Boarding House Keepers.) BOARDING STABLE KEEPERS. (See Livery, Boarding and Sale Stable Keepers.) BOILERS, STEAM (See Steam Boilers.) 1227 10 INDEX 1905 The figures refer to the foot paging. BRANDS. "Brand" defined 898 Brands, allotment of 899 application for 899 fee on 904 cancellation of conflicting 900 unused 900 change 900 commissioner may allott 899 defacing 902 evidence of ownership . '. 899 exclusive right to : i v:: . ; 899 form of : 899 limited to two for horses and two for cattle 900 nature of 899 ownership of 899 evidence of 900 publication of recorded 900 charge for 900 record of 899 certificate of 900 search of 899 significance of 899 transfer of (See "Transfer".) 901 use of 899 unrecorded 902 cancellation of conflicting 900 unused 900 "Cattle" defined 898 Certificate of record, issue of 900 evidence of 900 Definitions 898 "Department" defined 898 Evidence, brand as 899 certificate of record as 900 Fees, tariff of 904 Forms 902, 903 "Horse" defined 900 Indian on reserve, brand not to be allotted to 900 Interpretation 898 Offences 901 "Owner" defined 898 dead or absent 901 Penalties 901 Publication of recorded brands 900 "Record" defined 899 change in 900 search of 899 transfers of 901 Recorder of brands, appointment of 899 changes in brand by 900 duties of 899 Shipment of stock out of Territories 901 Short title 898 Statement in heu of vent 901 form of 903 "Stock" defined . . 898 Transfer of brands, entry of on record 901 effect of 901 fees on 904 memorandum of 901 form of 902 transmitted to recorder 901 owner dead or absent 901 stock, vent on 901 exceptions 901 "Vent" defined 898 on stock slaughtered or shipped 901 statement in lieu of 901 1228 1905 INDEX 11 The figures refer to the foot paging. BRANDS— Continued. Vent on stock, statement.form of 903 on transfer of stock ggi BREEDERS OF HORSES (See Horse Breeders.) BULLS ^ . (See Entire Animals.) (See Herding op Animals.) BUTTER AND CHEESE. Amount to be subscribed prior to declaration being filed 638 evidence of g38 Annual return g4]^ Associations for manufacture of butter and cheese or providing cold . storage 638 arbitration of dispute 640 books (340 borrowing powers 641 election 640 incorporation of 638 liability of shareholders 640 members 640 powers of 638 rules of ■ 639 subscription 638 Books to be kept 640 declaration and rules, to contain 640 members to sign 640 minute, kept by dairymen's association 642 * Borrowing powers of 641 Bonds to be approved by Lieutenant Governor 641 notice of issue to be given Territorial Secretary 641 Business, places of, to be started 638 Capital stock .- 640 $1,000 at least to be given Territorial Secretary 638 Corporate powers ' 638 Dair3rmen's Association to be continued 642 book, minute 642 declaration to be written in 642 form of 644 government of 642 members to sign declaration 642 number of 642 fees 642 real estate, may possess 642 to what amount 642 report, annual, of officers of 642 Debentures, Associations may issue 641 Debts of Members to Association 640 Declaration, filing of 638 form of 642 certificate of, by Territorial Secretary 639 to designate proposed places of business 638 of provisional secretary that subscriptions paid 638 Disputes may be decided by arbitration 640 Elections, mode of 640 Evidence of subscription, what required before declaration filed 638 Forms 642, 644 Government of dairymen's associatioon 642 Incorporation, mode of 638 Liability of shareholders limited . 640 Meeting, first 639 notice of 639 rules and regulations to be framed at 639 Money payable by members under rules, a debt to association Mortgage by association of real estate 638, 641 execution of 641 Name of association, restriction as to 638 Notice to Territorial Secretary of issue of bonds by Associations. ....... 641 Notice of first meeting 639 1229 12 INDEX 1905 The figures refer to the foot paging. BUTTER AND CKEESE—Continued. Notice requisite 639 time for 639 Penalty for violation of contract to supply milk 641 Places of business to be stated 638 Pledge, may, lands 638 Purchase, may, lands 638 Report, annual, by oflBcers of dairymen's association 642 Restrictions as to name of company 638 Returns, annual, to Territorial Secretary 641 Rules and regulations to be framed at first meeting 639 copy to be filed with Territorial Secretary before operations com- mence 639 may be amended, etc 639 binding on members 640 Shareholders, liability of, limited 640 Subscription prior to filing declaration 638 Violation of contract to supply milk 641 Schedule 642 Short title 638 CEMETERIES. Board of Trustees 655 appointment of successors 656 may hold land 655, 656 may sue and be sued 656 organization of 655 Book of record of by-laws and proceedings 658 for management of cemetery and erection of monuments 658 shareholders to have free access to 658 Burials, record of 660 rights to search and make extracts therefrom 660 By-laws, directors may pass 659 record of, to be kept 660 Cemetery and buildings, etc., to be kept in repair 658 to be drained 658 exempt from taxation or seizure 659 to be enclosed 658 Companies formed, continued, subject to this Ordinance 654 Conveyances, directors may by by-law empower president to execute . . 656 Directors, annual election of 657 board of 657 quorum 657 choice of first 657 qualification of 657 Dividends 657 Funerals, proper conduct of 659 Gazette, notice of formation in 654 Graves for strangers and poor 658 not to be near buildings 657 Incorporation, conditions and procedure 654 Instrument, to be executed by shareholders on formation of company 655 (or duplicate) to be deposited with Territorial Secretary . . 654 Interest on paid up stock 656 Land exempt from taxes 659 to be held and conveyed for purposes of cemetery only 656 to be outside of town 656 transfer of to be registered 656 Liability of trustees 660 Lots exempt from taxation and seizure 659 size of 657 Notice of formation of proposed company to be published in Gazette 654 Owners of lots, rights of 657 Penalty for fouling water 659 misconduct in cemetery 660 suit for recovery of 659 . hmitation of time for 669 Poor, graves for, to be furnished free 658 1230 1905 INDEX 13 The figures refer to the foot paging. CEMETERIES— Continued. Powers of Company 654 President, election and duties of 658 Records of burials 660 of by-laws and proceedings 658 Regulations, record of to be kept 560 trustees may frame 659 Reservation of part of cemetery for exclusive use of religious society or congregation 658 Sales, application of proceeds of 657 lots of any size may be sold 657 Shareholder, qualifications of to vote 657 rights of 656 who is a 657 Short title 654 Stock, amount adequate to purchase ground to be subscribed on forma - tion of company 654 calls on 658 forfeiture for nonpayment of 658 directors may remit if call paid 658 interest on stock not represented by land 656 receipt for, to be deposited with Territorial Secretary 654 25% to be paid on formation of company 654 Strangers, graves for, to be furnished free 658 Successors to trustees, appointment of 656 Transfer of land to be registered within twelve months 656 Trustees appointed under Ordinance No. 5 of 1892 continued, and sub- ject to this Ordinance 655 board of 655 liability of 660 organization of 655 successors to, appointment of 656 Voters upon election of directors, qualification of 657 Water, fouling, penalty for 659 damages, civil action for 659 suit for recovery of 659 limitation of time for 659 CHATTEL MORTGAGES (See Bills of Sale.) CHEESE MANUFACTURING ASSOCIATION. (See Butter and Cheese.) CHEMISTS AND DRUGGISTS (See Pharmaceutical Association.) CHILDREN, ILLEGITIMATE. (See Support op Illegitimate Children.) (See Devolution of Estates.) CHILDREN, INSURANCE FOR BENEFIT OF. (See Insurance for Benefit of Wife and Children.) CHIMNEYS, CONSTRUCTION OF (See Construction op Chimneys.) CHOSES IN ACTION. Action for debt on assignment 434 "Assignee " defined 434 rights, after notice to debtor 430 Assignment of debts and choses in action 434 action for debt on 434 Equities of debtor against assignor before notice 434 Negotiable instruments. Ordinance not appUcable to 435 Securities transferable by delivery 435 CIVIL SERVICE (See Public Service.) CIVIL JUSTICE (See Judicature.) CLERKS AND DEPUTY CLERKS. ,,,.-... Actions to be commenced and carried on m deputy clerk s district doo Advocate, clerk or deputy not to act as 360 1231 14 INDEX 1905 The figures refer to the foot paging. CLERKS AND DEPUTY CLERKS— Continued. Allegiance, oath of, to be taken 359 to be filed 359 Annual statement under oath to Territorial Treasurer 361 failure of transmission of, penalty 362 Appeals from convictions 358 Appointment of deputy clerks 356 process issuers Authority to appoint process issuers 358 Books and forms to be furnished by and be property of Government . . 360 chamber, to be kept 360 fee, to be kept .• 360 to be open to inspection 361 failure to keep, penalty for 362 deputy's to be same as clerks 357 forcible recovery of 360 disposition of, on vacancy of office 360 Business, pending, to be continued in office where pending 358 Convictions, appeals from 358 Clerks, responsibility of for deputy, ceases after security given 359 security of, and filing of copy 359 may be sued upon 359 certified copy prima facte evidence 359 vacancy of office of, disposition of books 360 defined 360 fees retainable by 361 Chamber book to be kept 360 matters, fees in 360 Deputy clerk, appointment 356 districts 356 powers and duties of 357 action to be commenced and carried on in district of ... . 357 security of, right of action on 359 may not practice as advocate while in office 360 seals and books to be same as clerks 357 Discovery, examination for 358 Disposition of proportion of fees received by Territorial Treasurer 362 of books on vacancy of office 360 Districts of deputy clerks 356 actions to be commenced and carried on in 357 Duties of deputy clerk 357 Estates, guardianship of 357 Examination for discovery 358 Evidence, certified copy of clerk's security to be 359 Failure to keep books, penalty for 362 to transmit fees, penalty for 362 Fees defined 360 annual return of 361 book to be kept 360 to be open to inspection 361 in chamber matters 360 retainable by clerk 361 proportion to be sent to Territorial Treasurer 362 Filing oaths with clerk of executive council 359 copy of security of clerk 359 Forcible recovery of books on vacancy of office 360 Forms to be furnished by and be property of the Government 360 of oath of office 363 Guardianship of persons 357 of estates 357 Government to furnish books and forms 360 Holding office, while, not to practice as advocate 360 Inspection of offices 142 fee book to be open to 361 Issuers, process, appointment, etc 358 Interpretation, "clerk" 360 "fees" 360 Oath, under, annual statement to Territorial Treasurer to be 361 of allegiance and office to be taken 359 to be filed 359 1232 1905 INDEX 15 The figures refer to the foot paging. CLERKS AND DEPUTY CLERKS— Continued. Office, inspection of 14:3 pending business to be continued in, where pending 358 oath of, to be taken 359 holding, not to practice as advocate, while 360 Penalties 362 Pending business to be continued in office, where pending 358 Persons, guardianship of 357 Probate matters 357 Proceedings, commenced without writ 357 Process issuers, appointment, return, etc 358 Prohibition from practice as advocate while holding office 360 Proportion of fees to be transmitted to Territorial Treasurer 362 disposition of 362 Returns 360 Recovery, forcible, of books on vacancy of office 360 Remuneration of clerk by salary 362 Responsibility of clerk for deputy ceases after security given 359 Right of action on security of clerks and deputies 359 Seal, deputy's to be same as clerk's 357 Security of clerks and filing copy 359 may be sued upon 359 certified copy of, prima facie evidence 359 of deputy clerks 359 right of action upon 359 Salary, remuneration of clerk by 362 Schedule 363 Territorial Treasurer, annual statement to under oath 361 transmission of fees to 362 Vacancy in office, disposition of books 360 forcible recovery of books 330 Writ, proceedings commenced without 357 COAL MINES REGULATIONS. Abandonment of mines, notice of 171 Accidents to be reported 170 loss of life or personal injury 170 explosion of gas, powder, steam boiler 170 time for report 170 when deatli ensues 170 liabilitv for noncompliance 171 Age of boys forbidden to work in mme 164 of employees to be kept in register 164 misrepresentation as to 16^ "Agent" defined 164 "Board" defined 163 Certificate to manager, issue of 16 ' when 168 five years' experience 167, 168 fee ~ 16S recording 167 fee for 167 to persons holding foreign certificates 167 examinations for 168 board of 168 duties of 168 place and date of 168 notice by candidates 168 cancellation or suspension of 169 record of 169 renewal of restoration of 169 Change of name of mine ! ' 1 owner of mine l^*: CoMent of owner of mine necessary for publication of returns 171) Commissioner defined j6d Date of first employment to be kept in register io* Division of mine for working purposes loo objection to by commissioner lo^ notice of 1*" VV 1233 16 INDEX 1905 The figures refer to the foot paging. COAL MINES REGULATIONS— Coraimued. Egress, means to be provided 165 Entrances, regulations as to 164 to abandoned mine to be securely fenced 171 liability for neglect 171 Examining board for managers, etc 168 Examination, (See Certificate to Manager.) Failure to comply with registration of employment is an offence 164 regulations for 164 Fencing disused shaft or entrance 171 slack deposits 172 Fire boss defined 164 certificates 169 examination for 169 fee for 169 inspector to make return of 169 necessity for 169 time certificate 169 First employment, date of, to be kept in register 164 General rules for operation of mines 174 General rviles: ventilation of mines 174 what adequate 174 division into districts 174 intake air to be pure 174 preservation of air 174 exemptions 174 report 175 inspection, where inflammable gas found 175 time for 175 report to be signed 175 work not to proceed until reported safe 175 where inflammable gas not found 175 time for, report to be signed 175 work not to proceed until reported safe 175 unused entrances to be fenced 175 stations to be appointed 175 withdrawal of workmen when danger exists 175 inspection to follow 175 safety lamps when accumulation of explosive gas likely 176 examination of 176 not to be opened without authority 176 use of gunpowder and other explosives 176 conditions of shotfiring 177 when blue cap shows on flame of safety lamp 177 dangerous accumulation of water 178 underground travelling planes to have means of signal- ling and places of refuge 178 fencing and casing of shafts 178 optional use of downcast shaft 178 competent person to have charge of machinery 179 shafts to be provided with guides and means of communi- cation 179 overhead covering 179 hoisting apparatus, single link chain not to be used 179 prevention of slipping of rope on drum 179 machine to have brake and indicator attachments 179 parts of machinery to be fenced 179 boilers to be provided with gauges 179 barometer and thermometer where gas found 179 damage to mine fittings prohibited 179 observance of directors 189 examination of machinery and shafts 189 time for 180 report • . 180 recording 180 employees may appoint inspector 180 such to report 180 books to be kept at office 180 cage, entering or leaving of 180 1234 1905 INDEX I'J The figures refer to the foot paging. COAL MINES REGULATIONS— Cowimtted. General Rules: persons in places of trust Igg contravention or noncomphance with rules, an offence . . 181 examination of places of working j^gj^ all persons to report respecting defects or danger.. . . . . . 181 „. , ^ „ props, timbers, cap pieces required, notice when. . . 181 (jirl not allowed to work in mine jg4 Information for commissioner loo Ingress, means of, to be provided j75 Injunction to prohibit working of mine 155 costs of j^gg notice of application for 166 time for _ i gg Inspector defined , g^ Inspector, powers and duties of J72 appointment ]^y2 powers of '[ j^g permanently on board of examination 168 remuneration jy2 removal j^y2 obstructing, in execution of duty, an offence ' 173 Interpretation ^qo Manager defined iq^ Managers of mines, to be employed Ig7 certificate of competency 167 issue of ; 167, 168 penalty for working without 167 exemptions 167 contractor cannot be 167 to be on examining board 168 Mine defined ]^g3 Misrepresentation as to age an offence 165 not so if in good faith 165 Name of employees to be kept in register 164 New shafts, opening, notice of 171 Notices: abandonment of shaft 171 accidents 170 application for injunction 166 candidates for examination 168 change in name, owner or officers 171 death 170 delivery of, personal or by post 172 injury 170 inspector may give, to make plans 174 objection by commissioner to division of mine 167 opening a new shaft 171 to place manager in control 167 place and date of meeting of board of examiners 168 recommencement of work on shaft 171 service 172 proof of 172 to be in writing or print 172 Nuisances, shaft or entrance becoming 171 offences and penalties 181, 182 Output returns 170 who to make 170 time for 170 to be made to commissioner 170 form of 183 false returns, an offence 170 publication of : 170 Owner defined 163 Persons not allowed to work in mines 164 in charge of machinery 164 not to work in mine unless two shafts 165 Pit boss defined 164 (See Fire Boss.) Places of refuge (See General Rules.) 1235 18 INDEX 1905 The figures refer to the foot paging. COAL MINES REGULATIONS— ConiiraMed. Plans to be kept in office 173 production of 173 to show progress and workings 173 concealment 173 copy by inspector not authorized 173 failure to keep, an offence 173 inspector may order, to be made 174 Plans of mines 163 abandoned mine, to be sent to commissioner 172 time.for 172 Power to imprison offenders 182 Precautions for safety of persons employed 166, 174 Provisions as to shafts not to apply, when 166 Register of employees 164 production of, to inspector 164 Registration, failure to comply with regulations, an offence 164 Regulations and forms 182 Reports and returns : 170 as to employees 170 Residence of employees to be kept in register 164 Rules, general 174 special 181 Safety of persons emplsyed in mines 164, 166 Separate parts of mine considered as separate mines 166 objection by commissioner 166 Service certificate 168 Shafts 163, 164 two necessary 165 means of communication, egress and ingress in connection with : 165 separation of 165 contravention of regulations an offence 165 when provisions do not apply 166 Short title 163 Slack, burning, near pit mouth 172 instructions to fence 172 Special rules, estabhshed 181 approved bv commissioner 181 Twelve years, no boy uniier allowed to work in mine . . 164 Ventilation of mines 174 Women not allowed to work in mine 164 Working mine, prohibited for breach of Ordinance 165 COLLEGE OF PHYSICIANS AND SURGEONS. (See Medical Profession.) COMMISSIONERS TO ADMINISTER OATHS. Commissioners for taking affidavits within the Territories 371 advocates of the Territories shall be 371 appointment by Lieutenant Governor 371 Commissioner for taking affidavits, etc. . without the Territories 371 style of 371 COMMISSIONERS OF INQUIRY INTO PUBLIC MATTERS. Appointment of 142 Examination under oath by 142 Inspection of pviblic offices 142 Powers of 142 C<.»MPANIEy, JOINT STOCK. Actions, against member by company 60 1 articles of association in 593 corporate name in 593 existing, continued. . 604 memorandum of association in 593 noiices to company .593 autlientication of by company . 594 resolutions of company, in 593 security for costs 601 1236 1905 INDEX 19 The figures refer to the foot paging. COMPANIES, JOINT STOCK— Continued. Actions, service on company 593 (See also Evidence.) Advertisement of appointment of director 573 misleading 573 Allotment (See Shares.) Annual summary, entry of share warrant in 579 to be made 5f3i form of 629 Arbitration by 601 The Arbitration Ordinance to apply 602" Articles of association, conclusive proof of contents 593 copy to be furnished member 557 fee for 557 effect of 555 forms of 606, 622, 626, 62S Attorney, power of by company 598 Auditors, appointment of, annually 599 directors and officers shall not be 599 duties of 600 registrar may appoint on application 599 remuneration of 600 rights of 600 vacancy, filling of 600 Bills and notes 587 Borrowing powers 587 special resolution sanctioning 587 Business, commencement of 590 restrictions on 590 not to be carried on with less than three members 590 Calls, adjustment of 577 Capital 559 conversion of shares into stock 562 distribution of 559 increase of 585 notice of 563 reduction of 579 "and reduced" added to name 580 cancelling unused shares bj'- 583 creditors, concealing names of 583 consent of dispensed with 581 ignorant of, rights saved 582 may object to 581 minute to be part of memorandum of association 682 embodied in copy of memorandum of association 583 order and minute to be registered 581 confirming 580 Certificate of incorporation, date of 556 evidence, as 556 existing companies, of. 604 mining company, of 575 Change of name, by registrar 557 company 585 proceedings for 585 effect of 586 Collateral security, shares as 565 Contracts by, how made 586 agents or officers, by 5S7 bills and notes 587 parole 586 simple 586 specialty ■^''''' Constitution of ■ (See Incorporation.) Creditors, provisions for the protection of 588 rights of on reduction of capital (See Capital . ) 581 Defunct, name of, to be struck out 558 Directors, advertisement of appointment of 573 auditors, not to be 599 dividend not to be paid by, when company insolvent 568 1237 20 INDEX 1905 The figures refer to the foot paging. COMPANIES, JOINT STOCK— Continued. Directors, habihty of for loan to shareholder 568 statements in prospectus 571 Umited company, of, h ability may be unlimited 586 named in prospectus improperly 573 preference shares, issue of by 575 register of 589 unlimited liability, with 566 contributions in winding up 566 notice to, on election 567 default in giving 567 set off, may have 567 Dividends, adjustment of 577 not to be paid when company insolvent 568 Evidence, articles of association '■ 593 certificate of incorporation 656, 604 membership, of 601 memorandum of association 593 minutes 600 register of members 564 report of inspector 599 resolution, certified copy of 593 title to shares, of 562 Existing company, certificate of registration of 604 may register 602 application for 603 procedure for 602 vary objects 603 False statement, penalty for 601 Fees, Tables B and C 619 Foreign (See Foreign Companies.) Formation of (See Incorporation.) Forms, alteration of 602 application of 602 (See Schedules 1 and 2.) Incorporation 553 articles of association 555 effective from date of certificate 556 liability, mode of limiting 553 memorandum of association of company limited by shares 553 form of 620 guarantee 554 form of 621,625 unlimited company 554 effect of 554 regulations. Table A to B 555 Table A 606 three persons required for 553 Insolvent, dividend not to be paid when company 568 security for costs when 601 Inspection of register of members 562 Inspectors, application for appointment of 598 basis of 598 appointment of by Lieutenant Governor in Council 598 special resolution 599 expenses of 599 powers of 598 report of 599 authentication of 599 Interpretation 552 Legal proceedings (See Action, Evidence.) Liability, directors of, unlimited 566 for loan to shareholder 568 wages 568 statement in prospectus 571 limited 553 Hmited company may make liability of directors unlimited 586 members, of, on shares 564 unpaid portion of shares 564 1238 1905 INDEX 21 The figures refer to the foot paging. COMPANIES, JOINT STOCK— Continued. Liabihty, members of, limited to amount of share 565 mining company, of 577 set off 565 shares of mining company 575 to be marked 575 wmding up, on 565 mining companies, of shareholders in 577 mortgagee of shares 565 pledgee of shares 565 prospectus, for statement in 57 1 shareholder '. (See ' Member.) transfer to escape 5g0 trustees of 555 unlimited 554 Meetings, general 595 requisition for 595 minutes of to be kept 600 statutory 594 preparation for 594 Members defined 559 increase of, notice of 563 interest of, nature of 559 liability of in winding up 565 loan to prohibited 568 may call meetings 595 mining company of, liability 577 register of 560 three reqmred 590 transfer by personal representative 560 Memorandum of association (See Incorporation . ) alteration of 583 confirmation of 583 grounds of 584 by limited company 585 altered, registration of 585 copy to be furnished member 557 Mining companies, certificate of incorporation of 575 documents of, to be marked 576 foreign 575 shares of, assessments on 576 liability on 577 no personal liability 575 to be marked 575 Minutes, authentication of 600 directors' meetings : 600 evidence, as 600 general meetings 600 Mortgagee of shares 565 Mortgages, register of 589 Name, actions, in 593 "and reduced" added to 580 change of by company 585 proceedings for 585 effect of 586 by registrar 557 effect of 558 defunct company, of, to be struck out 558 new ^^7 publication of 588 penalty for neglect of 588 same as one in use, not to be 557 Notices, authentication of, by company 594 service of, on company 593 Objects, alteration of 583 Office, change in 588 company shall have registered 588 notice of situation of 588 Personal representative, transfer by 560 Pledgee of shares 560 1239 22 INDEX 1905 The figures refer to the foot paging. COMPANIES, JOINT STOCK— Continued. Power of attorney of company 598 Proceedings (See Action, Evidence, Meetings, etc.) Promoter, liability of, for statement in prospectus 571 Property, transfer of, by company 604 Prospectus, contents 569 indemnity where name improperly inserted as director 573 liability for statement in 571 publication of 568 Reduction of capital (See Capital . ) Register of directors to be kept 589 penalty for neglect 589 Register of members 560 closing of 563 evidence, as 564 inspection of 562 notice of trust not to be entered on 562 omission or error in 563 remedy for 563 rectification of, notice of 564 share warrant, entry in 579 Register of mortgages, to be kept .■ 589 penalty for neglect of 589 Registrar, Territorial Secretary to be 552 Registration 556 certificate of incorporation 556 evidence, as 556 compulsory 605 effect of 556 existing company of 602 application for 603 certificate of 604 procedure for 602 fees on 556 memorandum of association, of altered 585 name not to be same as other company 557 change of 557 effect of 558 penalty for neglect of 605 special resolution, of. . 597 Regulations, application of Table A 555 alteration of 596 voting, as to 597 Remedy for omission or error in register 563 Repeal 605' Resolutions, special 596 embodied in articles of association 597 registration of 597 supplied to members 597 Schedule 1.— Table A 606 accounts 616 balance sheet 618 directors 612 disqualification of 613 powers of 613 proceedings of 614 rotation of 613 dividends 615 general meetings, procedure at 610 increase in capital 609 notices 617 shares 606 calls on 606 conversion of into stock 609 forfeiture of 608 transfer of 607 transmission of 607 votes of members 611 Table B, fees 619 Table C, fees ^ 619 1240 1905 INDEX 23 The figures refer to the foot paging. COMPANIES, JOINT STOCK—Coniiimed. Schedule 2.— Form A. Memorandum of association of company limited by shares 620 Form B. Memorandum and ijirticles of a company limited by guaran- tee and not having a capital divided into shares .... 62 1 Form C. Memorandum and articles of a company limited by guaran- tee and having a capital divided into shares 625 Form D. Memorandum and articles of unlimited company having capital divided into shares 627 Form E. Annual summary 629 Security for costs 601 Shareholder (See Member, Shares.) Shares, allotment of, irregular, effect of 591 restrictions on 59 1 returns as to 592 annual list of 561 calls on, adjustment of 577 collateral security, as 565 commissions, discounts, etc., on 592 consolidation of, notice of 562 conversion of into stock 562 dividends on, adjustment of 577 evidence of title to 562 liability of holders 564 mining company of 575 to be marked 575 preferepce 575 reduction of 579 statement of 578 subdivision of ^ 577 Share warrants, bearer of, re-registration of 578 rights of 579 entry in register of 579 may be issued 578 particulars of in summary 579 transfer of 578 Short title 552 • Summary, annual 561 form of 629 Territorial Secretary to be Registrar 552 Transfer by personal representative 560 entry of 560 liability to escape ^°" property, of, to company oU4 Trust, notice of not to be entered 56^ Trustee, liability of • ■ • - ■•••■; °°° Unlimited liability (hee Directors.) Voting, provision where no regulations as to oyi Wages, liability of director for .... . 5b» Winding up, hability of directors, unlimited, contribution from &bb members in 565 COMPANIES, FOREIGN (See Foreign Companies.) COMPANIES, TRUST (See Tkust Companies.) COMPANIES, WATER, GAS, ELECTRIC, AND TELEPHONE. ^" , ^g^^ Water, Etc., Companies.) COMPANIES WINDING UP. ^J3g Accounts, of Uquidators . , , r of winding up laid before meeting JJ^-^ Application of Ordinance ■„_ pnnrt ^ Assistance of the Court (See Court.) Bank account of liquidators ^„g pass book of liquidators ^^^^ Books, production of to Court ^ ^^^ disposal of j^g^ Commencement of, time of ■„. Consequences, of commencing to wind up 24 INDEX 1905 The figures refer to the foot paging. COMPANIES WINDING VF— Continued. Consequences, company, extent of existence of 1132 property, application of 1132 disposal of 1132 directors, powers of to cease 1132 inspectors, appointment of 1132 revocation of 1132 remuneration 1132 liquidators, appointment 1132 remuneration 1132 security from 1132 powers of 1132 Contributories, calls on 1137 list of, settled by liquidators 1136 evidence of 1137 liability to be 1137 list of, settled by Court 1137 certificate of 1137 . procedure on 1137 personal representative of, to be 1137 proceedings by 1142 representative capacity, in-. • 1136 shareholders' liability as, after transfer of shares 1136 Costs, expenses and charges, priority of 1138 Court, application to by liquidators 1140 appeals 1143 books, production of may be ordered •. 1141 costs 1143 damages against directors 1142 enforcement of orders 1144 examination of persons by 1141 inspection of books, order for 1141 liens, detcirmination c-i 1142 liquidators, appointment and removal of by 1143 meetings may be ordered by 1140 payment by contributories, order for 1141 into bank 1141 powers of are additional 1144 proceedings by contributories 1142 property, order by, for delivery of 1140 resolution may be received, confirmed or varied by 1143 rules of 1146 settlement of list of contributories by 1140 stay of action by 1140 subpoena may issue 1142 Dissolution of company 1145 deposit by liquidator after 1146 order for 1145 reported to Registrar 1145 penalty for delay in 1145 procedure on 1145 time of 1145 Dividends unclaimed, disposition of 1145 Expenses, costs and charges, priority of 1138 Extraordinary resolution, defined 1130 requiring winding up 1131 Inspectors, appointment of 1132 revocation of 1132 remuneration 1132 summary jurisdiction, subject to 1138 Interpretation 1130 Liqmdators, account of winding up to be laid before general meeting by 1145 appointment of 1132 by Court. 1143 deposit by on dissolution of company 1146 penalty for omission 1146 description of, in proceedings 1133 duties of 1138 examinations of persons by, may be ordered 1141 powers of, general 1133 1242 190^ INDEX 25 Tiae figures refer to the foot paging. COMPANIES WINDING VP— Continued. Liquidators, powers of, arrangements with creditors II34 compromise by . .. . 1135 distribution of assets ......' 1134 sale by, to be binding 1135 objection to by member II35 proceedings on II35 shares of other companies may be accepted by. . 1135 time fixed by, for sending in claims 1134 wages to be preferred by II34 meetings to be called by . . . II39 remuneration ]^]^32 in case none fixed II39 return of to registrar 1145 penalty for delay in 1145 security from 2 132 several, powers of j]^32 summary jurisdiction, subject to 1138 vacancy in office of, fUHng II39 Meetings, annual ' ' [ 2;^3g court may order h^q pneraL '.'.'.'.'.'.'.'.'.'.'.'.'.'..'.'. 1139 liquidators to call 1]^39 notice of ]^j3g subsequent ;[]^39 vacancy in office of liquidator to be filled by 1139 voting at ]^140 Members of company, directions from as to property ] I133 may have meeting called II39 Order for, on application of contributory II3I of Court generally (See Court.) Powers of liquidators (See Liquidators.) Court (See Court.) Practice, affidavits 1X45 application to Court for winding up 1144 books to be prima facie evidence 1145 rules of Court, judges to make 1146 rules of procedure in ordinary cases to apply 1144 stay of proceedings 1144 Salary, priority of 1 134 Short title 1130 Special resolution defined 1130 requiring winding up 1131 Wages, priority of 1134 When companies may be wound up order of Court, by, on application 1131 voluntarily, by resolution 1131 conditions necessary 1131 Winding up, commencement of, time of 1131 consequences of 1131 COMPENSATION TO FAMILIES OF PERSONS KILLED BY ACCIDENTS. Action, who to benefit by 467 Compensation, when recoverable 467 Interpretation "parent" and "child" 467 Limitation of action 467 COMPENSATION, WORKMEN'S (See Workmen's Compensation.) CONDITIONAL SALES OF GOODS. Bailor (See Seller.) Certified copies of instruments filed jrrima facie evidence 451 Conditional sales of goods to be in writing and registered 450 Evidence, copies of instruments to be 451 Fees for registration, copies and certificates 451 Instruments, copies of, to be evidence 451 Memorandum of satisfaction of seller 450 Notice of sale, mode of 451 time for 451 Possession, retaking 451 1243 2() INDEX 1905 The figures refer to the foot paging. CONDITIONAL SALES OF GOODS— Continued. Registration place, time and manner of 450 fees 451 Removal of goods 450 Retaking possession '. . 451 Sale by seller or bailor rf taking possession, five days' notice of intention to be first given 451 Satisfaction, memorandum of, to be given by seller or bailor on payment or tender of amount due 450 may be registered 450 Seller or bailor retaking possession to hold for redemption for 20 days .... 451 CONFIRMATION OF TAX SALES. .. (See Tax Sales, CoNFinMATioN of.) CONGREGATIONS, LANDS HELD IN TRUST FOR. (See Religious Societie.s, Etc.) CONSTABLES. May be appointed by a Justice of the Peace 396 Powers and duties Territorial 393 Duration of office 396 Oath to be taken before Justice 396 CONSTRUCTION OF CHIMNEYS. Certain buildings excepted 967 Chimneys, materials and location of 967 Penalty 967 Stove pipe passing through partitions 967 CONTAGIOUS DISEASES (See Public Health.) CONTROVERTED ELECTIONS. Address for service on petitioner 87 respondent 87 Admission by respondent 92 Appeal to court en banc, proceedings on 93 stay of proceedings pending setting aside 93 when not operating as stay unless ordered 93 ^Application to set aside petition 88 grounds for 88 time within which to be made 88 to remove stay, for delay 93 to be by summons 90 Ballots not to be counted by judge 93 recounts of, not allowed 93 Candidate claiming seat, objections by respondent 98 report of judge in case of 91 Clerk defined 86 Costs, security for 87 discretion of judge 92 dismissal for want of prosecution, on 90 as in cause in court 90 on withdrawal 92 payment out of security 92 Dismissal of petition for nonprosecution 90 for want of proof 91 Election set aside, writ to issue 92 Evidence used not to be stated in petition 88 statement by respondent 89 Forms 94 Fees, Judicature tariffs apply 90 Grounds for applying to set aside petition 88 Interpretation 86 "Judge" defined. . 86 report of 91 may set aside stay 93 Judicature Ordinance, provisions apply to petition 90 Objections by respondent to other candidate 88 petitioner to statement of respondent 89 1244 1905 INDEX 27 The figures refer to the foot paging. CONTROVERTED ELKCTIONS— Continued. Particulars of petition, apphcation for 88 time for SS order for 88 objections where seat claimed for defeated candidate 88, 89 application for, of respondent : . 89 time of 89 order for 90 Petition against return, time for . 86 wlio may petition 86 form and contents of 86 filing of 86 service of, time and manner 87 extension of time for 87 substitutional 87 of petitioner, address for 87 service where address omitted .. (See Respondent.) 87 evidence need not be stated in 88 when at issue 90 deemed cause in court 90 Recount of ballots 93 Registrar of court en banc to certify result of appeals 93 Report of judge 91 to be made to clerk of Executive Council 91 holding, pending appeal, if stay 93 after appeal heard 93 Respondent, service of petition on ~ 87 address for service to be given 87 service where omitted 87 application by, to set aside petition 88 time for 88 grounds for 88 costs 88 for particulars 88 nonprosecution by petitioner, may apply for dismissal 90 may admit imdue election 92 Schedule 94 Security to be deposited with petition 87 Security, costs payable out of 92 Service of petition (See Petition.) Stay of proceedings pending appeal 93 setting aside 93 Title 86 Time for presentation of petition 86 application to set aside petition 88 statement of respondent 88, 89 Trial of petition 90 appointment of time and place for 90 if not applied for by petitioner respondent may apply for dismissal . 90 trial may be ordered on such application ... 90 Report of judge 91 Writ of election, issue of, if election set aside 92 Withdrawal of petition, filing 92 service on respondent 92 costs in case of 92 of obiertions to claim of defeated candidate 92 filing 92 service °'^ costs in case of 92 CORPORATIONS (See Interpretation Ordinance.) Foreign (See Foreign Companies.) Joint Stock Companies (See Companies, Joint Stock.) Municipal (See Municipahties.) CREDITORS, ASSIGNMENTS FOR (See Assignments for Creditors.) 1245 28 INDEX 1905 The figures refer to the foot paging. CREDITORS' RELIEF. Attachment of goods, proceeds of, distribution 373, 375 Book to be kept by sheriff 373 Carriage of interpleader proceedings 374 costs of 374 Compelling payment by sheriff 376 Contest among creditors, scheme of distribution 376 Contestation of interpleader proceedings 374 Costs . first charge on moneys levied 374 of interpleader proceedings 374 Creditor by execution, alone to share 375 Debts,- execution, payment of part before sale 374 Deposit of moneys levied in bank 377 Distribution of moneys levied 376 questions as to scheme for 376 exception, exempted goods 377 Employees, preferential claim of 377 Entry by sheriff on money being paid into court 374 Execution, creditors by, only, to share 375 goods or lands, share in proceeds of either 374 payment without seizure 375 ' return of, when to be made 376 stay or withdrawal of, effect 375 debt, payment of part of, before sale 374 Forms 378, 379 Full amount of execution paid without sale 375 Fund in court belonging to debtor, seizure of 375 Goods exempt on general writs, proceeds not distributable 377 execution, shares in proceeds lands 374 Inapplicable, ordinance, when 377 Information, sheriff to give 377 Interpleader proceedings, carriage of, scheme of distribution 374 Interpretation "judge," sheriff" 373 Irregularities not to avoid proceedings 377 Levy, notice of to be entered 373 particulars of, to be kept 376 second or further, procedure 374 Lands, execution, shares in proceeds goods 374 sale of, time for distribution 373 Moneys in court, seizure of 375 levied notice of 373 to be placed in bank 377 Notice of levy to be entered by sheriff 373 form of 378 Ordinance, when inapplicable 377 Part of execution debt paid before sale 374 Payment of execution voluntarily without sale 375 by sheriff compelling 376 Persons entitled after interpleader proceedings taken 374 Poundage, computation of 376 Procedure where second levy made 374 where writ stayed 385 Proceeds of land available under execution goods, etc 374 Priorities among creditors abolished 373 Questions as to distribution scheme 376 Return of execution 376 Salary, priority of claim for 377 Sale, part payment before 374 full payment without 375 Scheme of distribution 376 Second levy necessary, procedure where 374 Seizure, one sufficient 375 Sheriff, book and statement to be kept by 373, 376 compelling payment 376 duties on payment 376 moneys to be placed in bank by 377 poundage 376 return after levy 376 to give information 377 1246 1905 INDEX 29 The figures refer to the foot paging. CREDITORS' RELIEF— Coniini/ed. Sheriff, entry by where money paid into court pending interpleader proceedings 374 Short title 373 Statement of particulars to be kept by sheriff 376 Stay of execution 375 Undisposable moneys to be placed in bank by sheriff 376 Void, proceedings not to be, for irregularities 377 Wages, priority of claim for 377 Withdrawal of execution 374 Writ stayed, procedure where 375 DAIRYMEN'S ASSOCIATION (See Butter and Cheese.) DEATHS, MARRIAGES AND BIRTHS (See Vital Statistics.) DECISION OF LEGAL QUESTIONS. Appeal 1062 Appointment of Council to argue case for unrepresented interests 1062 Court to certify opinion 1062 Notice to Attorney General of Canada ■ 1062 persons interested 1062 Reference to court authorized 1062 DENTISTRY. Annual membership fee : ■ 512 must be paid before charges recoverable by suit 516 Appeal, from decision of council 516 time for, limited 516 evidence on 516 copy of proceedings to be furnished on request. . 516 from secretary in complaint regarding Voters Act 509 on refusal to register 513 AppHcation of fines imposed under prosecutions 518 for registration 513 refusal of, appeal from 513 time for 509 Appointment of provisional secretary 519 auditor • 519 Association, Dental, property of, to be vested in College of Dental Surgeons 519 Secretary-Treasurer of, to hand over books, &c 519 Authority, name erased not to be restored without 514 Central examination board 513 Certificate, to be evidence of registration. ^1' Charges, professional, may be recovered by suit 51b registration and payment of fees requisite before suit 516 College defined and constituted 507 of dental surgeons constituted 507 property of Dental Association to vest in 519 Committee of inquiry ^|^ constitution of '^J^^ employ legal assistance, may 515 expense of ^}^ meetings ^ j^ notice of ^j^ place of 51j testimony to be taken before 515 oath, to be under 5irt right to cross-examine 515 subpoena to procure attendance before 515 on application 515 Complaint against practitioner 5 costs may be granted by council ox* Constitution of College of Dental Surgeons o" ' Costs may be granted for frivolous complaint oi^ Council defined ■ cQy appointed, to be .•■■,■,■■■,■ J '■ 1 ki q direct promotion of dental and surgical knowledge, to oi-s 1247 30 INDEX 1905 The figures refer to the foot paging. DENTISTRY— Cojiiireued. Council, Executive 510 first election of 519 duration of office of . . . 520 expenses of, how paid. ." 520 first meeting of 520 general powers of 513 make, alter or amend general rules and by-laws 513 meetings of 511 proceedings at 511 , members of election of 507 conduct of 508 disputed 510 inquiry into 510 faihire to elect requisite number, pro- cedure on 510 method of, voting 508 qualifications of voters. . . 508 regulations for procedure 510 scrutineers 508 voters 508 equality of 509 eligibility of 509 list to be kept by secretary 509 * to be conclusive 509 ■to be forwarded to eacli with a voting paper 509 error in, complaint of 509 rectification of 509 appeal from secretary 509 evidence 509 may be under oath. . . . 509 present at count 508 voting papers to be preserved 510 form of . . . . 520 Members, fees to, to be fixed by council 511 ehgibility of 508 number of 508 term of 508 officers of 510 Council, prosecution under 510 niay be witlidrawn, and liow 518 regulate register and examinations 513 vacancies in, how supplied 510 Counsel, person before committee may be represented by. 515 Death of member of council, fiihng vacancy occasioned by 510 Dental association, property of, vested in College of Dental SiU'geons 519 Dental practitioner defined 507 Duly qualified dental practitioner defined 507 Disputed election 510 Duties of secretary 509, 511, Election of council (See Council.) Erasure of name from register. 513 Error in list of voters 509 complaint to secretary 509 appeal from decision of secretary 509 Evidence before committee of inquiry 516 on appeal 516 on appeal from secretary regarding registration 509 register as publish,ed to be prima facie 517 of registration 517 certificate to be 517 copy of or extract from register to be 517 Examinations under direction of Council 513 central board 513 subjects and modes of, settled by council 513 Executive (See Council.) Expenses of first election of council, how paid 520 Failure to elect requisite number to council, procedure on 510 1248 1905 INDEX 31 The figures refer to the foot paging. DENTlSTRY^Continued. False title assuming, hable for on summary conviction 618 penalty for 5]^g Fees, annual membership. 510 examination, to be set by council 513 registration 5-1 2 Filing petition against return of member 510 time for 5-^q Fines, application of gig Forms 520 521 Funds, disposition of, may be regulated by council! . . . . ' 513 General powers of council 513 Inquiry into disputed election 510 case of person alleged guilty of misconduct. 514 committee of (See Committee.) Interpretation 5Qy Legal assistance, committee may employ .515 "LegaUjr qualified" defined 507 Limitations of jJrosecutions 51g List of members of association to be furnished by secretajy- treasurer. . 519 of- voters to be kept by secretary 509 to be conclusive 509 error in, how rectified 509 Meetings of council ^yi . first 520 committee 515 place of 515 notice to person whose conduct impugned 515 Members (See Council.) Members of College, qualifications of 512 fee for registration 512 Mis.cellaneous provisions appointment of auditor 519 duration of office of first council 520 expenses of first election, how paid 520 firat election of members of council, time for 519 meeting of council 520 Ordinance not to apply to medical practitioners 520 Procedure before Judge 519 to be by originating summons 519 property of Dental Association vested in College 519 . provisional secretary of council may be appointed 519 duties of 519 secretary of association to furnish list of members and hand over books and moneys to provisional secretaiy 519 Membership, annual fee 512 Misconduct of registered practitioner 514 inquiry into, on application of three practitioners 514 Months, six, prosecutions under Ordinance to be commenced within. . . . 518 Name erased, not to be restored without authority 574 Nonattendance of person accused, procedure at hearing on 516 Notice to person whose conduct under investigation 5] 5 what to contain 515 service of, proof of 516 Number, failure to elect requisite to council, procedure on • 510 Offence, practitioner guilty of indictable 514 inquiry into on application of three practitioners 514 Offences and penalties assuming false title 518 application of fines 518 practitioners omitting to register 517 pretending to be a dentist 518 unregistered persons practising for reward 517 Officers of council : . 510 Order by .judge on appeal from refusal to register 513 Originating summons, procedure before Judge to be by 519 Penalties (See Offences and Penalties.) Petition against election 510 filed, to be, with secretaiy 510 time for 510 1249 32 INDEX 1905 The figures refer to the foot paging. DENTISTRY— Coreiinwed. Powers, general, of council 513 Practitioners to be registered 511 not qualified unless registered 511 rights ot when registered 516 omitting to register, liable to penalty 517 Pretending to be a dentist an offence 518 penalty for 618 Procedure before judge to be by originating summons 519 Promotion of dental and surgical knowledge, council may direct 513 Proof, onus of, in prosecution for nonregistration 518 Property of Dental Association vested in College of Dental Surgeons. . . 519 Prosecutions 518 application of fines 518 council may withdraw 518 limitations of 518 onus of proof ." 518 Provisional secretary of council may be appointed 519 duties 519 Publication of dental register 517 Qualifications for voting at election of council 508 of members of college 512 Recovery of professional charges and costs of suit 516 registration requisite Register, erasure of name, from 513 dental, publication of 517 effect of 517 to be kept by secretary 511 practitioners to be inscribed in 511 what to contain 511 Registration fee 512 Remission of fees by council 513 Resignation of members of council, filling vacancy occasioned by 510 Restoration of name erased 515 authority necessary : 514 council may direct 515 fee for 515 Returns, general may be called for 519 verified by oath 519 to contain all particulars required 519 Rights of registered practitioner 516 Rules and regulations may be made by council 513 Schedule 528 Scrutineers at election c^f council 508 Secretary defined 507 duties of 509,'511 keep register, to oil provisional, may be appointed 519 send returns when required to do so 519 treasurer of association to hand over books and moneys to provisional secretary 519 Short title 507 Six months, prosecutions under Ordinance to be commenced within 518 Subpoena may be secured to procure attendance before committee 51.5 Term of membership in council 508 Testimony to be taken on examination before committee 515 Theory, adoption or rejection of particulars, no cause for erasure 514 Time for filing petition against return of member 510 Unregistered persons not to practise 517 practismg, an offence. 518 penalty for 518 Vacancies occurring in council, how filled 510 Voters, qualifications of, for council elections 508 may be present at count 508 list of 509 Voting, method of 508 papers to be preserved 510 form ot 520 1250 1905 INDEX 33 The figures refer to the foot paging. DEPARTMENT OF AGRICULTURE (See Agriculture, Department or.) DEPARTMENT OF ATTORNEY GENERAL. (See Attorney General, Department op.) DEPARTMENT OF PUBLIC WORKS. (See Public Works, Depart- ment op.) DEPARTMENT OF TERRITORIAL SECRETARY. (See Territorial Secretary, Department op.) DEPARTMENT OF TREASURY (See Treasury Department.) DEPUTY CLERKS (See Clerks and Deputy Clerks.) DEPUTY SHERIFFS (See Sheriffs and Deputy Sheriffs.) DEVOLUTION OF ESTATES. Illegitimate children to take 1063 Mother entitled if no wife, child or father 1063 of illegitimate child to take " 1063 Widow entitled to estate if no children 1063 DISTRESS FOR RENT AND EXTRA JUDICIAL SEIZURES. Costs in distraints limited 397 in seizure under chattel mortgages, etc., limited 397 penalty for taking unauthorized 397 Distraint for rent limited to property of tenant 398 exceptions 398 interest on mortgage limited to goods not exempt from seizure under executions 398 notice to be given before sale 398 Schedule 398 DITCHES (See Drainage.) DOGS, -PROTECTION OF ANIMALS FROM. (See Animals, Protection of From Dogs.) DOWER (See Devolution of Estates.) DRAINAGE. Assessments, distress for amount assessed 1120 forfeiture for nonpayment 1120 evidence of 1120 penalties 1120 maintenance of ditch 1120 payable in instalments 1120 commutations of 1120 recovery of sum appointed 1120 Construction of Government ditches 1117 Apportionment, of cost of construction 1119 amount payable to be lien on land 1119 notice of. 1119 Construction of Government ditch 1118 capacity of outlet 1119 obstruction of work 1119 penalties 1119 Construction of Private ditch 1121 application for to Commissioner 1121 compensation fixed by arbitration 1122 owner of 1121 permit for 1 121 rights of holder of 1121 Proposed ditch, examination for - ^^^"^ appeal from assessment, notice of 1117, 1118 costs, how apportioned 1118 what allowable 1118 decision final 1118 hearing of 1118 1251 134 INDEX • 1905 The figures refer to the foot paging. MUNICIPALITIES— OoniiTOed. Elections, secretary-treasurer to prepare voters' list 675 supply voters' lists to deputy returning officers 681 time of holding 677 vacancy, in case of 711 voters' default in payment of taxes 677 list of 675 (See Voters' List.) 675 qualification of 677 voting, evidence of having voted 680 more than once, penalty 680 Elector, disqualification for bribery 689 nonpayment of taxes 677 qualification 677 term defined 672 Electric light and power plant, erection or operation by mimicipality.. . . . 705 shares in, municipality holding 705, 706 Elevators, building, owning, etc., by municipality 704 Employment offices or agents, licensing and regulating 703 Erection of villages into towns application for 692 proofs with 692 by-laws of village to continue 694 census of village for 692 election on before assessment roll 693 confirmed 693 eligibility for 693 first 693 nominator, qualification of '. . , 693 returning officer, appointment of 693 to be secretary-treasurer 694 term of office of councillors 693 mayor 693 voters at, qualification of 694 declaration by 694 form of (See Errata.) penalty for false 694 lands included 693 Municipal Ordinance to apply after 693 overseer to deliver property to secretary-treasurer 694 population necessary 692 proclamation for 692 property of village passes to town on 695 resolution of village for 692 voting on 692 rights of action to continue 695 secretary-treasurer, returning officer to be 694 suits to continue 695 taxes of village to be paid to town 694 title to village property passes to town 695 Village Ordinance, certain provisions of to apply 694 village taxes to be paid to town 694 Estimates (See Finances.) 125 Evidence, by-laws, of 709 delivery of assessment notice 718 delivery of tax notice 726 taxes, in action for 726, 727 voting, that voter has voted 680 Executions addition of rate to tax roll 751 against municipalities 751 direction to sheriff 751 levy of rate for 751 officers of municipality to be officers of court for 752 rate, striking 751 to be added to tax roll 751 service of writ and demand 751 sheriff's precept 751 surplus, disposition of 751 1352 1905 INDEX 135 The figures refer to'the foot paging. MUNICIPALITIES.— CoraimMed. Executions, tax roU, rate to be added to 751 Exemptions, by-laws granting 704 from taxation 716, 717 of townsite in rural municipalities 716 general 716 Exhibitions acquiring land, building, etc., for 707 • licensing and regulating, by-laws for 702 management of 708 Existing municipalities continued 674 Expropriation of land 752 arbitration of amount to be paid 752 (See Arbitration.) bridges,for • 700 buildings, municipal, for 700 coal mines endangering property 700 compensation to be made 700 costs where tender made 753 guardians, trustees, etc., may act for those they repre- sent 752 highways, for 700 municipal buildings, markets, etc., for 700 owners unknown, appointment of representative 752 persons under disability, appointment of representative 752 sums awarded, to be subject to same charges as land . . 753 retention of, pending valid acquittance. 752 tender, municipality may make 754 Feed stables, licensing and regulating 703 Fences, regulating erection of 704 Ferries, controlling and licensing 698 tolls on 698 Finances, municipal accounts, separate to be kept 729 apportionment of taxes collected 729 auditors and audit 712 publication of report 713 banking of moneys 712 council diverting from proper accounts 730 estimates to be made 725 mayor or reeve to report on 710 moneys diverted from proper account 720 secretary-treasurer, duties regarding. 712 sinking fund 730 investment of 705 duties of secretary-treasurer regarding 729, 730 Fines 758, 759 (See Penalties.) Fire arms, prohibiting discharge of 705 Fires and fire protection, apparatus, purchasing or renting 701, 704 compelling assistance at fires 704 engines and equipment, purchase of 704 fire department and officers 704 fire districts 704 general powers regarding 704 pulling'down buildings at fires 704 water supply, contracts for 701 ratification of 701 Fire-escapes, by-laws for regulating 701 Fire walls, building and bonusing 707 Food and drink, inspection of 707 regulating sale of 707 Form A. — Notice of nomination meeting 761 B. — Notice of polling .- 762 C— Ballot 763 D. — Directions for voting 'J^ E.— Voters' list "^ F. — ^Assessment roll '^ G — Transfer on sale of land for taxes • . ■ '6/ H. Declaration of voters at first election of town. . . . (See Errata.) 1353 36 INDEX 1905 The figures refer to the foot paging. ELECTIONS— Coreimwed. Court of Revision, deposit to pay witness fees 55 deputy returning officers, vote in question 54 documents, production of, at 54 expenses, how borne 57 failure to agree 57 functions of. 54 naturalization, proof of 55 cost of 55 material testimony, absence of 57 persons composing 54 place for 54 powers of 54 question to be determined 56 return to be made by 57 who may examine 58 time for 54 voter failing to appear, penalty 55 right to fees 55 withdrawal of complaint 55 witnesses to attend 54 payment of 54 Date of election to be same in all districts 36 Death of candidate 39 Declaration of election 60 Deputy returning officer, appointment of 43 constable during polling day 44 contravention of Ordinance by 71 directions to voter by 49 discrepancy between ballots issued and in box. 52, 72 penalty 72 duty of after count 53 election notice to be posted by 44 improper use of stamp by 71 information to electors to be posted by 44 initialling of ballot by 49 material to be supplied to 43 transmission of 43 receipt for by 43 oath of 43 omission of duty by 71 opening poll, duty at 45 polling place to be prepared by 44 duty at 46,53 proclamation to be posted by 44 return to returning officer of ballots by 53 vote of in other division than residence 50 Deposit on nomination 40 forfeiture of 40 on withdrawal of candidate 42 how to be made 40 receipt for 40 return of 40 Difference between ballot issued and returned 49 Directions to voters 49 Discrepancy in number of ballots 52, 72 Elected, candidate deemed, when 61 Election, declaration of 60 one candidate nominated 41 general, to be held on same day 36 Election, notice of 42 tie, procedure in case of 61 writ for, issue of 36 return of 36 conclusion of, duty of sheriff on 68 Election clerk, appointment 37 duties 37 not to act as deputy returning officer or poll clerk 37 oath of 38 omission of duty or contravention of Ordinance 71 1254 1905 INDEX 37 The figures refer to the foot paging. ELECTION S— Continued. Election clerk, penalties 38 responsibility 37 Election material, deputy returning officer to be supplied witli 43 description of 43 73 when not available, supplying 44 Electoral district, division of into poUing divisions 38 time of 39 hst of to be posted 39 Electors, information to, posting 39 as to polhng place 39 quaUfication 47 vote where resident 47 Evidence, receipt for nomination paper to be sufficient 40 Expenses of elections, payment of 68 unauthorized or extraordinary expenditure, pay- ment of 69 Fees, extraordinary expenses 69 tariff of 85 warrant of Lieutenant Governor for payment of 68 Forfeiture of deposit 40 on withdrawal of candidate 42 Forms, schedule of 75 provision of 43 Gazette, publication in, of name of candidate elected 68 Hiring teams, etc., at elections prohibited 70 Hustings for nomination purposes 38 proceedings at 41 Illegal voting (See Voters.) Information to electors, to be posted by returning officer 43 by deputy returning officer 44 in inner room 46 Interpreter, employment of 48 to be entered in poll-book 48 permitted in polling booth 47 oath of 48 Intimidation, penalty 69 Judge (See Court of Revision.) disqualified or unable to act 67 recount by 65 report as to corrupt practices 70 Marking ballot by voter 49 Material, description of, to be supplied by returning officers 43 clerk of the Executive Council .... 44 when not available 44 Miscellaneous provisions 67 Nomination, consent of nominee to be obtained 40 close of 41 day of • ■ • ; 36 to be same in all electoral districts 36 deposit at 40 locahty of 36 manner of 40 names to be announced 41 paper, form of 40 signature of 40 receipt for 40 filing with returning officer 40 requisites with 40 place of 36 postponement of 39 proceedings at. 41 proclamation prior to an, ay reading of ^^ time of ^j' time between, and election 42 and date of writ 36 withdrawal of candidate 42 Notice of election, contents of 37 return, published in Gazette 68 1255 138 INDEX 1905 The figures refer to the foot paging. MUNICIPALITIES— ConiiftMcd. Meetings of council, regulations may be made as to calling 699 special 711 of ratepayers, annual 711 Menageries, licensing and regulating 702 Milkdealers or carriers, licensing and regulating 702 Mffls ^ bonusing 704 building, operating, etc 704 loans to 704 Municipal buildings erection of 700 expropriation of land for 700 Municipality, actions against (See Actions.) by-laws of (See By-laws.) rural (See"Incorporation of towns in rural municipalities.") council of (See Council.) general rights and obligations 674 meaning of term 672 officers of (See Officers.) property of, exempt from taxation 717 rural 674 town 674 Neglect of duty by officers 759 Nomination (See Elections.) 678 Nonresident, resident defined, 673 Notice of action by reason of illegal by-law 757 tender of amends 757 Notices, by-laws against pulling down or defacing 706 Noxious weeds, compelling destruction of 704 Nuisance ground, purchase of 704 Nuisances, compelling removal 702 Oaths, office of 758 before whom taken 758 persons present at polling places, of 678 qualification, of 757 voter's -. .' 679 Occupant, meaning of term 673 Offences and penalties (See Penalties.) Officers of municipalities, appointment not to be by tender 699 by-laws for appointment of 700 duration of office 699 duties to be defined by council 699, 701 liabilities of 699 neglect of duty by 759 security from 699 Omnibus drivers, licensing and regulating 703 Opera houses, licensing and regulating 703 Owner, meaning of term 692 Parks, acquiring land for 708 by-laws regarding 707 care of 708 erection of buildings and fences 708 management of . . 708 Partnership property, assessment 718 Pawnshops, licensing and regulating 706 Pedlers, licensing and regulating 703 Penalties, ballot, offences against 758, 759 bribery at elections 689 enforcement of 9 infringement of by-law regulation shows, etc 703 interference with voter 759 neglect of duty by officers of municipality 759 powers of municipality to inflict 759 proceedings for offences 9 property for municipality 760 secretary-treasurer failing to provide ballot box 768 voting twice 680 Petition for introduction of by-laws 742 "Personal estate" meaning of term 672 1356 1905 INDEX 139 The figures refer to the foot paging. MUNICIPALITIES.— Conimued. "Personal property" meaning of term 672 exemptions from taxation. . .- 717 Places of amusement, licensing and regulating 703 regulating structure and entrances 701 Policemen and patrols, appointment of 700 Poll (See Elections.) Poll tax, amount of tax 730 appointment of collection 730 demand for payment 730 from employers 730 levy for distress 730 persons liable for 730 Pollution of water, by-laws regarding 705 Pool tables, licensing and regulating 703 Poor, relief of, by-laws for 700 Porters, licensing and regulating 703 Posting notices, etc., by-laws against 702 Pounds, provision of 708 Poundkeepers, appointment of 708 Privy vaults, by-laws regarding 702 Property, protection of, by-laws for 705 of town, disposition of where not required, by-laws for 709 Proprietor, meaning of term 672 Pubhc buildings, closing to public when dangerous 707 inspection of . . .' 707 municipal, erection of 700 expropriation of land for 700 regulation of structure and entrances 701 Public places, gas and water pipes under, by-laws for 702 incumbering of 702 obstructions or projections, removal of 706 trees on, by-laws for 700 Qualifications (See Disqualification.) councillor 675 mayor 675 oath of property qualification 757, 758 before whom taken 758 voter 677 Quashing action by reason of illegal by-law, limitation of 757 notice of 757 parties to 757 tender of amends 757 costs 757 by-laws, orders or resolutions 756 corrupt practice, procured by 756 costs 756 procedure on application 756 proceedings on by-laws stayed, when 757 time for application 757 Quorum of council ■ °^° Quo warranto .• ■ ■ • °°'> 6°° (See Controverted Elections.) Railways, aid to 708 assessment of property ■ 714 (See Assessment of Railways.) bells and whistles 706, 707 bonusing ■ ™^ by-laws, breach of, persons liable 70b, 70/ loading or unloading, regulating 706, 707 loans to ; ■ ; inR inT obstruction of streets by trains, preventing 70b, /U / permitting on streets ■ 706 compensation for damage by 70b regulating speed of cars. ......; 706 707 trains and engines 'Ob, lut use of engines on 706, 707 service of documents on for breach of by-laws 70b, /O/ Ratepayers, meeting of before election. ■ • ■ • - 1" a't" ;+;'„V ^ Rates (^®® Assessment and Taxation.) 1357 40 INDEX 1905 The figures refer to the foot paging. ELECTIONS— ConiinMed. Returning officer, postponement, special report in case of 39 qualification of 36 refusal or inability to act 36 election clerk to act instead 37 report of in case of postponement 39 Schedule No. 1 60 declared part of Ordinance 60 School houses, use of as polling places 38 Scrutineers, appointment of 47 may remain in outer room 47 number of 47 powers at polling places 47, 50, 51 requiring voter to subscribe statement, No. 1 47 No. 2 48 statement of result of poll to 53 vote in division other than residence 50 Sealing ballot box 52 Secrecy of ballot, violation of, penalty 72 Sheriff, ballot boxes, etc., to be handed to 61 duty when election proceedings concluded 68 Short title 36 Spoiled ballots 52 spoiled before used, destroying, and delivery of new ballots 51 Stamp, improper use of, penalty : 71 Statement to be subscribed by voter (See Voter.) Tender of deposit 40 Tie, procedure in case of 61 Time for close of poll 52 Treating at elections, penalty 70 Vote for person not nominated 40 of election ofl&cers 50 Voter, appeal has right of 58 ballot paper, delivery to 49 marking of by 49 returned, not same as that received 49 charge of illegal voting, notice of 50 disposition of ballot after 50 directions to 49 entry in poll-book when voted 49 illegal acts by, voting twice 72 accepting bribe 71 hiring teams to candidate, etc 71 interpreter for 48 leave after voting 70, 49 numbering consecutively 47 pencils, deliver to 49 persons tendering vote in name of person voted 51 ballot and entry in poll book when 51 personation of 72 ' polling place, to leave after voted 49 quaUfication of 47 questions to be asked 47 answers to be recorded in poll book 47 resident, to vote where 47 secrecy of ballot, violating 72 spoiling ballot paper may receive another 51 statement to be made by No. 1 47 No. 2 48, 51 record of to be made in poll book 48 filing 48 refusal to subscribe 48 entry in case of 48 unable to sign statement, to make mark 48 mark ballot 51 unlawful acts in voting 69, 72 Votiijg (See Poll.) Witness fees (See Court of Revision.) Writ of election (See Returning Officer.) contents of 36 1258 1905 INDEX 41 The figures refer to the foot paging. ELECTIONS— ConHnwed. Writ of election, date of 36 form of 37 indorsement by returning officer 37 issue of 36 reading at hustings 41 return (See Return oif Writ.) transmission of 37 time and place of nomination to be specified in 36 to elapse between date of and nomination 36 polling 42 ELECTIONS, CONTROVERTED (See Conthoveeted Electi&ns.) ELECTRIC COMPANIES (See Water, Etc., Companies.) ENGINEERS, OPERATING STEAM BOILERS. . . . (See Steam Boilers.) ENTIRE ANIMALS. Advertisement of capture of stallion or bull 919 Bull nine months old and upwards not to run at large 908 exception 908 (See "Stallion or Bull") "Captor," interpretation of expression 908 Captme, advertising 909 "Department," interpretation of expression 908 Fees to captor of stallion or bull 910 to justice 911 to salesman 910 Forms 911, 912 Herd district 910 Interpretation 908 "Justice" 908 "Minister" 908 "Owner" 908 Owner unknown 909 Penalty for omitting to pay captor's fees, etc 909 owner aUowing stallion or buU to run at large after notice. . 910 Pound district 910 Run at large, "running at large" 908 Short title 908 Stallion or bull running at large may be captured and detained 909 except in pound or herd district 910 owner to be notified by captor 909 to pay'captor $5 and 25 cents per diem for keep. . 909 penalty for omission 909 proceedings for sale on failure 910 owner unknown, publication of notice, etc 909 fees to captor 910 costs of advertising, reimbursement of.. 910 sale, failing claim or pajrment 909 justice's fees 911 who may sell 910 auctioneer's license not necessary. . 910 salesman's fees 910 proceeds of, disposition of 910 -- remitted to treasurer... 910 paid to owner 910 return by J.P. to department 910 ESTATES, ADMINISTRATION OF. , . . (See Administration op Estates.) ESTATES, DEVOLUTION OF (See Devolution op Estates.) ESTATES, SUCCESSION DUTIES ON (See Succession Duties.) estray animals. Advertising > 927 Animal defined 926 procedure at sale 929 1259 42 INDEX 1905 The figures refer to the foot paging. ESTRAY ANIMALS— Continued. Animal when may be sold 929 Fees, to finder 929 salesman 930 justice 930 Finder, defined 926 Forms 931, 933 Interpretation 926 Justice, defined 926 to receive fees 930 Offences and penalties 930, 931 Owner defined 926 known 927 not removing animals 927 notice to be given 927 may recover animal on tender of expenses 927 what expenses allowed 927 payment of proceeds to ' • ■ . 928 settlement of disputes as to expenses 928 justice's fees for 928 unknown • 927 Rights, no impairment of 931 "Salesman," defined 926 to receive fees 930 Short title 926 EXECUTION CREDITORS, PRIORITIES ABOLISHED . (See Creditors Relief.) EXECUTORS (See Adsiinistration op Estates.) EXEMPTIONS FROM SEIZURE. Article forming consideration of judgment not exempt except for food, bedding and clothing 381 Execution debtor entitled to choice from articles exempted 381 Exemption rights of deceased execution debtor continued to family. . . . 381 not extended to absconding debtor leaving no wife or family. 381 on distress for interest 398 Real and personal property exempt from seizure 380 Short title. . .■ ." ' 380 EXTRA JUDICIAL SEIZURES (See Distress for Rent.) FACTORIES, SUGAR {See Beet Sugar Factorie.s.) FACTORS XSD AGENTS. "Agent" (See Mercantile Agent.) Agreements through clerks, etc.. deemed agreements with agent 431 Common law powers of agent amplified and not derogated from by Ordinance 433 Consent of owner of goods to disposition by ogent, presumed 431 Consignors and consignees, provisions as to. . 432 Disposition by mercantile agent 430, 431 buyers and sellers of goods 432 seller retaining possession valid as though authorized by owner 432 buyer obtaining possession valid a,s if he were a mercantile agent in possession with consent of owner 432 "Document of title," interpretation 430 Document of title, effect of transfer of on vendor's lien or right of stoppage in tran.iitu 432 how transferable 432 Effect of transfer of documents on vendor's lien or right of stoppage. . 432 Exchange of goods or documents, rights acquired liy 432 "Goods," interpretation 430 Interpretation . . . . 430 "M(;rc:nitilc agent," interpretation 430 pf)wers under common law amplified by Ordinance. 433 powers respecting disposition of goods 430 disposition bj-. consent of owner presumed 431 1260 1905 INDEX 43 The figures refer to the foot paging. FACTORS AND AGENTS— Continued. Mercantile agent, agreements through clerks, etc., deemed agree- ments with 431 liability of 433 Mode of transferring documents 432 Ordinance amplifies common law 433 Owner's rights in respect of goods in possession of agent or assigned or pledged, etc., or proceeds thereof 433 "Person," interpretation 43O " Pledge," interpretation 43O Pledge of document of title to goods deemed pledge of goods 431 goods for antecedent debt 431 Possession, when person deemed in 430 Powers of agent, at common law, amplified 433 Provisions as to consignors and consignees 432 Rights acquired by exchange of goods or documents " 431 Short title 430 "Title, document of" interpretation 430 Transfer of document by indorsement or delivery 432 effect of, on vendor's right of lien or right of stop- page in transitu 432 FEMALES, SLANDER OF (See Slander.) FENCES. Animals trespassing, liability of owner 906 Arbitration on disagreement as to fencing or damages 907 exception as to herd and pound districts 907 Damages (See Liability.) 906 Fence, lawful absence of 905 defined 90S around crops 906 around stacks 906 line or boundary adjoining owners to contribute to erection and repair 906 disagreement respecting, arbitration on 906 trails, across 907 Liability of adjoining owner to contribute to erection of line or boundary fence , 906 of owner of domestic animals trespassing 906 disagreement respecting, arbitration on 906 exception as to herd and pound districts 907 Short title 905 Trails, fences across closed 907 FIRE, INVESTIGATION OF ACCIDENTS BY. (See Accidents by Fire, Investigation of.) FIRES, PRAIRIE AND FOREST (See Prairie and Fohest Fires.) FIRE INSURANCE. Appeal.. ]]f Commencement :; :J':f Company to be liable notwithstanding trifling defects m proof. . _ ^ 1151 Conditions held by Court to be unjust and unreasonable to be null and void Short title ■ - Statutory conditions iioi, iio^ legality of ^ ■ ,„ 1152 schedule of 11^3, 1157 variations in u' ' '•' ' ' When loss payable to mortgagee, notice of cancellation, etc., to be given mortgagee FIRE INSUR.ANCE, MUTUAL (See Mutual Fire Insurance.) 1152 1151 1152 1151 FOREIGN COMPANIES. Aflfidavit or declaration to be filed o^^ Annual statement, contents of o^^ exception ' "''* 1261 44 INDEX 19(35 The figures refer to the foot paging. FOREIGN COMPANIES— Cora«mwed. Annual statement, fee on 634 further 634 penalty for default ,. 634 time of '. . ,, , .'^ 634 verification of 634 Balance sheet 632 filing of 632 Certificate of registration 633 evidence, as 633 publication of 633 Charter, defined 631 filed when 632 Copy, last balance sheet, to be filed 632 Duties of, registered companies 635 Evidence of registration 633 burden of proof 635 Forms 636 alteration of 636 Goods imported by 632 Hudson Bay Company 636 Interpretation 631 Penalty, for default in annual statement _ 634 unregistered 631 Power of Attorney 632 approval of by registrar 632 replacing former 632 Procedure to obtain registration 632 affidavit 632 charter and regulations 632 copy of balance sheet 632 Registered companies, duties of 635 municipality, not to impose fee on 635 rights of to hold lands 635 to sue 635 Registrar 631 annual statement to 633 defined 631 revocation and suspension by 635 Registration, certificate of 633 evidence as 633 publication of 633 procedure 632 revocation and suspension of 635 removal or cancellation of 636 Replacing former attorney 632 Short title 631 Suits and proceedings against ,....,,... 632 Substitutional service 634 court or judge may order 734 notice of 634 power of attorney to accept 632 Suspension 635 removal of 635 To be registered 631 Unregistered, carrying on business 631 no right of action by 634 penalty for 631 exception 635 FOREST FIRES ,. (See Prairie and Forest Fires.) FORM AND INTERPRETATION OF ORDINANCES. (See Interpretation.) GAME, PROTECTION OF. Animals protected, big game 953 fur bearing 954 Birds protected 954 1262 1905 INDEX 45 The figures refer to the foot paging. GAME, PROTECTION OF— Continued. Dog, to be confined g5Q Eggs protected gSg Evidence of unlawful killing 95g Export of game 955 low grade furs 956 Forms ' ' 959 ggQ Game guardians, appointment of ' 953 mounted police to be 958 seizure and confiscation by 958 Guest permit 957 Hunting over enclosed lands - 955 on Sunday 953 at night 955 Imported game birds 958 Indians, application of Ordinance to 959 Interpretation ........... 953 License for nonresident 956 Modes of capture prohibited 955 Mountain sheep or goat not to be sold 955 Museums, curators of 959 Permit for scientific purposes 956 Prosecutions 958 limitation of 958 penalties on 958 Seizure and confiscation of game 958 Short title 953 Taxidermist • 957 Trading prohibited 955 GAOLS (See Interpretation.) GAS COMPANIES (See Water, Etc., Companies.) GAZETTE ' (See Public Gazette.) GENERAL TRUST CORPORATION OF CANADA. Account of administration to be rendered if required 1037 Investigation into and report upon affairs and management of corporation 1037 costs of 1037 LiabiUty of corporation 1037 Money held by court may be deposited with corporation 1038 corporation may invest in certain securities 1038 Offices with which corporation may be entrusted 1037 Powers of corporation, under its act of incorporation may be exercised within Territories 1038 Security for performance of duties unnecessary 1037 Lieutenant Governor in Council may require 1037 GOODS, CONDITIONAL SALES OF. (See Conditional Sales op Goods.) GOODS, SALES OF (See Sales of Goods.) GOVERNMENT DITCHES (See Drainage.) GRANTS FOR PATRIOTIC PURPOSES (See Patriotic Purposes.) GRANTS TO SCHOOLS (See School Grants.) HAIL INSURANCE. Contract of Insurance minister authorized to make 1125 application and receipt to form 1125 fee, paid on appUcation 1126 transmission of 1126 notice of 1126 post office address to be given 1126 ;Crops," defined ^^„ 1125 Forms 1128> 1129 Interpretations \i.2o 1263 46 INDEX 1905 The figures refer to the foot paging. HAIL INSURANCE— ConH/iuerf. Loss or damage by hail 1126, 1127 appraisement of 1126 examination of area affected 1126 notice to be given 1 126 submission to arbitration 1127 costs of 1127 Minister, authorized to make contract of insurance 1125 defined - . . 1125 give statement of expenses and losses 1127 No company to carry on business of hail insurance 112S Ordinance to be administered by Territorial Treasurer 1125 Payment of expenses and losses 1127 deficiency paid out of general revenue 1127 statement of minister 1127 Repeal 1128 Short title 1125 HAWKERS (See Auctioneers.) HEALTH, PUBLIC. ... (See Public Health.) HERDING OF ANIMALS. Animals, defined 934 may be impounded ■. 936 actions as to 936 temporarily impounded 937 to be placed in authorized pounds 937 Fees 944 Forms 945. 946 Herd district, defined i 935 organization of 935 when and how organized 935 notice given 935 objections 935 stallions or bulls in 936 proviso 936 Impounding, notice of 939 copies to be posted at pounds 939 Impounded animals 93N may be released before impounding 939 payment of charges on 938 penalty for improper 939 pound keeper to detain 939 sale of 939,940 Interpretation 934 Offences and penalties 942, 943 Operation of Ordinance 935 Owners, claims to net proceeds of sale 940 complaints of 941 damages may be claimed by actions in competent court 942 defined " 934 remedies at common law 942 proviso 942 what action may be taken by 941 Pound keepera, appointment of 937 burden of proof 943 defined 934 duties of 93S fees . . 944 not to have interest in sales 940 be licensed as auctioneer 940 offences and penalties . ... 942, 943 registration of 937 to detain all impounded animals 939 Publication of noticos .' 937 Short title 934 1264 1905 • INDEX 47 The figures refer to the foot paging. HERDING OF ANIMALS— Conimwd. Sale of impounded animals 939 940 pound keeper, not to have interest in . . ' 940 not to be licensed as auctioneer. . . . 940 proceeds of 94O disposal of 940 owner's claim to 840 when, may be sold ,939 I not sold. 940 HIRE RECEIPTS (See Conditional Sales of Goods.) HOLIDAYS (gge Interpretation.) HORSE BREEDERS. Advertisements of Stallions 1161 evidence of : 1161 Certificate, of pure bred staUions 1160 cross bred stallions 1161 grade staUions 1161 Commencement 1162 Copies of certificate of registration to be posted 1162 Enforcement of lien 1162 application of proceeds 1162 sale of colts 1162 Filing .evidence of claim for service 1161 effect of 1162 Forms ii62, 1163 Interpretation 1160 Penalties 1162 Registration of stallion 1160 certificate of 1160 to be posted 1160 of lien for service 1161 fiding evidence of 1161 effect of filing 1161 Repeal 1162 Short title 1160 HOSPITALS, PUBLIC AID TO. Advances on account from time to time . 205 False return, penalty for 206 Grants in aid of hospitals 205 Hospitals, aid to 205 Inspection of hospitals 206 Interpretation 205 Ordinance to come into effect, when 206 Regulations, Lieutenant Governor in Council may prescribe 205 Repeal of chapter 20, Consolidated Ordinances 1898 206 Returns, when and how to be made 205 false, penalty 206 Short title 205 Time for Ordinance to come into effect 206 HOTEL AND BOARDING HOUSE KEEPERS. Detention of trunks and personal property of person indebted for board and lodging 532 (See also Lien.) General revenue fund, unclaimed surplus in hands of Territorial Treasurer for one year to form part of 532 Liability of hotel keeper for safe keeping of property detained. ........... 532 property brought on to premises, limited. . . . 533 Lien of hotel and boarding house keeper 532 additional to other legal remedies 532 none for liquors 532 none if hotel keeper refuses to receive goods for safe custody 533 none unless copy of Ordinance kept posted in hotel 533 Liquors, no lien for 532 Notice of intended sale to be posted up 632 Ordinance, copy of to be kept posted in hotels 633 WW 1265 48 INDEX • 1905 The figures refer to the foot paging. HOTEL AND BOARDING HOUSE KEEPERS— Continued. Ordinances, rights under, additional to other legal remedies 532 Proceeds of sale, disposition of 632 Property of lodger may be detained and sold for board, &c. . 532 Responsibility of person seizing for safe custody of goods seized 532 (See Liability.) Right of detention and sale of goods of lodger indebted. 532 Sale by auction after expiration of three months from seizure 532 notice of, to be posted up 532 proceeds of, application of 532 surplus, disposition of 532 Seize, landlord may, trunks and property on premises 532 Short title 532- Surplus to go to person entitled 532 unclaimed, Territorial treasurer to hold for one year, faUing claim, to form part of general revenue fund 532 Three months, after board, &o., unpaid for, may sell detained goods after notice - 532 - ILLEGITIMATE CHILDREN . . (See Support of Illegitimate Children.) (See Devolution op Estates.) IMPRISONMENT UNDER ORDINANCES (See Interpretation.) IMPROVEMENT, LOCAL (See Local Improvement.) INFANTS (See Judicature.) 329 INQUIRY (See Commissions of Inquirt.) INSANE PERSONS. Attorney General, report of inquiry, with copy of information and evidence, to be forwarded to by J.P 1032 further inquiries may be ordered by 1032 Discharge of person alleged to be insane if inquiry fails to establish insanity 1033 Estate and property of (See Judicature.) 327 Evidence, what to be taken. 1032 copy of to be forwarded to Attorney General with J.P.'s report 1032 power to summon witnesses 1033 Fees to J.P • 1033 Information, warrant to be issued by J.P. upon 1032 copy to be forwarded to Attorney General with J.P.'s report 1032 Report by J.P. (with copy, information and evidence) to be sent to Attorney General 1032 Warrant to apprehend issue of by J.P 1032 form 1033 Warrant of commitnaent 1032 Witnesses, power of J. P. to summon 1033 INSPECTION OF PUBLIC OFFICES. (See Commissions of Inquiry into Public Matters.) INSPECTION OF STEAM BOILERS (See Steam Boilers.) INSPECTION OF STOCK. Butchers to keep record of cattle slaughtered 1055 ^ Certificate, improperly issued 1055 cancellation of . . .' 1055 of memorandum of sales 1055 Date'of effect 1054 Deputy inspector of stock 1054 Evidence of right to possession of stock to be produced 1055 Forms 1057 Hides, butchers to keep record of 1055 of animals slaughtered by others than butcher 1056 purchaser of to keep record. 1056 1266 1905 INDEX 49 The figures refer to the foot paging. INSPECTION OF STOCK— Continued. Hides, removal of ^ 1056 to be kept 1056 Inspectors 1054 have powers of constable 1054 deputy inspectors 1054 return of 1056 Inspection fee 1055 Interpretation 1054 Penalties for breach of Ordinance 1056 Purchasers of hides to keep record 1056 Removal of hides of animals 1056 Repeal 1056 Short title 1054 Stock to be inspected before shipped 1054 INSTITUTES, MECHANICS AND LITERARY (See Mechanics Institute.) INSURANCE, HAIL (See Hail Insurance.) INSURANCE, FIRE (See Fire Insurance.) INSURANCE FOR THE BENEFIT OF WIFE AND CHILDREN. Actions for insurance money to be consolidated, parties 473 Ante-nuptial policy, subsequent declaration for benefit of wife or chil- dren valid 468 Appointment of trustee, etc 470 company to be notified 473 Apportioned policy, share of a beneficiary dying before insured person, in defavilt of other disposition, to form part of estate insured .469, 470 Apportionment of insurance for benefit of wife and children or wife, chil- dren or child 468 may be varied by declaration of will 469 absence of, division 469 death of beneficiary or beneficiaries 470 declaration for benefit of future wife or children 470 Assignment of policy 469, 474 persons entitled in succession 474 Beneficiary, death of, before person insured. 470 Bonuses and profits subject to direction of insured 472 Borrowing money for payment of premiums, sums borrowed a first lien on policy ■ ■ 472 Children as a class beneficiaries, proof of number, names and ages to be adduced to company 470 Company admitting claim, failing trustee, executor or guardian may pay money into court 471 costs of payment out 472 failing to pay, court may order payment .... 472 costs of application 472 to be notified of declaration or appointment, or appointment of trustee or revocation of same 473 Consolidation of actions 473 Costs of payment out of money voluntarily paid into court by company of application for order for payment over by company 472 Creditors' rights *;^ Death of beneficiary before person insured ■ *'" Declaration that insurance for benefit of wife or children creates a trust, and insurance not part of husband's estate 468 valid, though policy ante-nuptial 468 apportionment may be varied by. ... . ,■ • i, • „ v ' ' V '• (in absence of apportionment, and after death ot benefici- aries) for benefit of future wife or children 470 company to be notified of ; ■ ■ u' ' ' -a Executors, failing appointment of trustees, shares of infants may be paid to ^^1 investment by • ;•■•■. Fees on appointment guardian, or grant of probate when insurance money does not exceed $400 ■ •.■ ■ ■ ■■ ■ • ■ ■ •. • ; • ' Guardian, failing appointment of trustee, share of infant may be paid to 471 investment by 1267 50 INDEX 1905 The figures refer to the foot paging. INSURANCE FOR BENEFIT OF WIFE AND CHILDREN— Continued. Guardian, to give security 471 fees on appointment when insurance money does not exceed $400 471 Husband may insure for benefit of wife and children 468 Infants (see Trustee and Gviardian.) 471 Insurance for benefit of wife and oiiildren, or wife, children or child, ap- portionment 468 may be in name of insured, wife or trustee 468 pledge of pohcy prior to declaration 468 declared for benefit of wife or children, a trust and not part of husband's estate 468 declaration valid, though policy ante-nuptial 468 apportioned, share of beneficiary dying before person insured in default of other disposition to form part of estate of insured " 469, 470 surrender or assignment of policy 469 person entitled to succession 474 money to be paid free from claims of creditors of insiired .... 470 for benefit of children as a class, proof of number, names and ages to be adduced 470 surrender of poHcy for paid up poHey 472 actions for insurance money to be consolidated^ parties 473 other modes of. Ordinance not to restrict 473 Interpretation 468 Investment by trustee, executor or guardian 471 "Maturity of the contract, " defined 468 "Maturity of the policy," defined 468 Notice to company if appointment by declaration 473 Ordinance not to restrict other modes of insurance or assignment Parties in actions for insurance money 473 Payment of insurance money free from claims of creditors of insured. . . . 470 to trustee discharges company 470 into court by company admitting claim 471 costs of 471 by company admitting claim, under judge's order 472 out of court of money voluntarily paid in by company, costs of 472 to executors where no trustees appointed as provided 471 of premiimis, borrowing for 472 Pledge of policy prior to declaration 468 Policy (See Insurance.) Profits subject to direction of insured 472 Proof to be adduced where insurance for benefit of children as a class . . 470 Rights of creditors, where fraud intended 473 Security to be given by guardian 471 Surrender or assignment of policy 469, 474 persons entitled in succession 474 of policy for paid up policy 472 Trustee, appointment of and investment by 470, 471 payment to, discharges company 470 failing appointment of trustee, executor or guardian, company admitting claim may pay money into court 471 company to be notified of appointment or revocation of appoint- ment of 473 INSURANCE, MUTUAL FIRE (See Mutual Fire Insurance.) INTEREST, DISTRESS FOR (See Distress foe Rent.) INTERPRETATION AND FORM OF ORDINANCES. "Affirmation" included in"oath" in certain cases 5 Amendment, in same session 3 not to involve declaration as to previous law 8 Application of Ordinance 2 where inconsistent with other Ordinances 2 Appointment, power of, includes power to remove 6 Arbor Day 4 Assent of Lieutenant Governor, indorsation 2 reservation of 2 Authentication' of Ordinances 11 1268 19Q5 INDEX 51 The figures refer to the foot paging. INTERPRETATION AND FORM OF ORDINANCES— Contmwed. Bodies corporate, general powers and obligations 7 By-laws, rules, etc., power to make includes power to revoke 7 Certified copies of Ordinance, as evidence 11 fee on 11 form of certificate 11 of disallowance 11 Citation of Ordinances 1 Clerk of Assembly to have custody of Ordinances 11 authentication by, of copies 11 Commencement of Ordinances 2 Consolidated Ordinances, citation 1 Construction, general rules of 11 of Ordinances. . .' 10 of this Ordinance 12 reserving power to repeal, etc 7 so as to effectuate true intent 10 to be deemed remedial 10 Corporations, general powers and obMgations 7 "Crown, the". 3 "Declaration," included in oath in certain cases 6 Disallowed Ordinances, certificate on copies issued by clerk of the Legis- lative Assembly 11 Duties, penalties, etc., belong to Crown 9 Enacting words 2 Enactment, form of 2 Enforcement of Ordinances, proceedings for 9 Evidence copies of Ordinances as 11 of Orders in Council 10 of Ordinances 10 "Felony" 5 Fine (See Penalty.) Forfeiture (See Penalty.) Form of enacting 2 Ordinances 2 Forms, slight deviations from 7 "Gazette" 5 General revenue fund, payments out of 6 fines, etc., belong to 9 Gender and number 4; "Government," "Government of the Territories" 3 "Herein" 3 "Her Majesty" 3 "HoHday" ^ time expiring on 5 Implied powers, of person empowered to act o of corporation '^ Imprisonment, place of, under Ordinances 6 Incorporation, what it implies 7 Intent, true, to be effectuated 10 "Judicial notice" 1° "Justice" - o jurisdiction local ^ Law always speaking ^ "Lieutenant Governor" ^ "Lieutenant Governor in Council" ^ "Magistrate" ° jurisdiction local ° Majority majr do act for several. "May" permissive ,■■■;■ -l' 1 Minister of the Crown, directions and powers to mclude substitute, suc- cessors and deputies ' "Misdemeanor " ~! "Month" _ \ Mountain Standard time ^ Municipal by-laws, enforcement of ... ° Name commonly applied to place, officials, etc * "Next" ■ * "North-West Government" 2 "Now" * 1269 52 INDEX 1905 The figures refer to the foot paging. INTERPRETATION AND FORM OF ORDINANCES— Contintied. Number and gender 4 "Oath" what included in 5 Oaths, persons authorized to administer and certify 5 Officers (See Public Officers.) "Official Gazette" 5 Orders in Council, evidence of 10 Ordinances, authentication of copies 11 certified copies 11 certificate if disallowed 11 citation 7 construction of 10 rules of, appUcable to 11 custody of 11 deemed pubHc 10 remedial 10 enforcement of 9 evidence of 10 form of 2 judicial notice of 10 not in force at once, proceedings under. 11 printed copies of 10 record, to be of 11 references to 10 repeal of (See Repea ) Penalty or forfeiture, belong to Crown unless other prov.sion 9 . mitigation of 10 recovery, when no other mode provided 9 under repealed Ordinance 10 "Person" 4 Power of repeal reserved 7 to act includes necessary incidental powers 6 to make by-laws, rules, etc., includes power to alter or revoke.. . . 7 Preamble, construction of 10 effect of 2 includes, what 2 Present tense 3 Private Ordinances, effect of limited 7 Proceedings under Ordinances before coming into force 11 "Proclamation" 4 to be under order in council 4 Pubfic Ordinances, all Ordinances deemed to be 10 Public moneys, mode of expenditure if not otherwise provided 6 Public officers or functionaries directions or powers, to, include successors or deputies 7 hold office during pleasure 7 local jurisdiction of 5 power to appoint includes power to remove 6 Punishment of offences, procedure 9 "Queen, The". 3 References to sections, inclusive of both 10 mean printed Ordinances 10 Repeal in same session 3 of repeaUng Ordinance. , 8 offences committed or forfeitures incurred prior to 8 no provision substituted 8 right of action preserved 9 not to involve declaration as to previous law 8 other provisions substituted, ofiicers and proceedings continued. . 8 by-laws, etc., continued 8 references to repealed Ordinance extend to sub- stituted provisions 8 penalties and forfeitures, not affected by 10 power of, reserved 7 vested rights or pending actions not affected 8 Rules and orders, power to make, includes power to revoke 7 Sections, references to 10 "Security" 6 "Shall", imperative 3 Short title 1 1270 1905 INDEX 53 The figures refer to the foot paging. INTERPRETATION AND FORM OF ORDINANCES-Conimued. "Sovereign, The" 3 " Standard time " 5 "Summary conviction, on" 9 Sunday, included in "holiday". d "Sureties" ■.■.■.■.■'.■'. 6 "Sworn," includes "affirmed" or "declared" f^ "Territories, the" ...'.'.'.'.'.'.'.'.'..". 4 Time expiring on Sunday or hohday 5 of commencement of Ordinances . . . 2 standard 5 "United Kingdom, the" 3 "United States, the" 4 "Writing" "Written" 4 "Year" '..'.'.'.'■'.''.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'..'. 4 INTESTATES (See Administration of Estates) (See Devolution op Estates.) INTOXICATING LIQOURS (See Liquor License.) INVESTIGATION OF ACCIDENTS BY FIRE. (See Accidents by Fire, Investigation of.) IRRIGATION DISTRICTS. Appeal (See Court of Revision.) Arrears of taxes, commissioner to pay 841 lands vest in Crown for 841 sale of 841 payment of before hearing 841 return to commissioner 839 application for confirmation of 839 hearing of 840 Assessment roll, continued 830 crown lands, occupants of 828 engineer to make 828 notice of 828 omissions from 829 owners unknown 828 proceedings regarding 828 revised 830 (See "Court of Revision.") Authorization under Irri,ation Act, application for 827 failure to obtain 827 to be filed 827 Board of Trustees (See "Trustees.") Borrowing money till collection of taxes 842 Boundaries, alteration of 842 By-law to raise funds (See "Loan" and "Trustees.") Collector, notice to be given by 838 roll of 838 return of by 838 secretary-treasurer to be 838 Commissioner may make rules and regulations 845 Court of Revision, appeal to., 829 clerk of 829 formation of . . . .' 828 proceedings of 829 Debentures, form of 837 issue of .^ 837 Discontinuance of works by order of Commissioner. . 827 of district by failure to get authorization 827 by failure to pass by-law 837 District commissioner, appointment of 844 borrowing powers of 845 death or resignation of 845 powers of 844 Election (See "Trustees.") Engineer, appointment of 827 1271 54 INDEX 1905 The figures refer to the foot paging. IRRIGATION DISTRICTS— ContinMed. Engineer, assessment roll made by 828 duties of 827 Erection of district, order for 824 contents of . . . , 824 publication of 824 • (See "Organization.") Executions against districts, procedure on 843 Existing districts continued 821 Forms 846, 847 Inspection of authorization 827 of plans and estimates of engineer 827 Interpretation 820 Loan, by-law for, assent of commissioner 837 contents of 831 publication of 831 to be submitted 830 voters, list of 832 oath of 832 qualification of 832 voting on, by ballot 832 constables at 833 counting votes 836 deputy returning officer, duties of 833 declaration of after 836 proceedings at 833 after 835 returning officer at, duties of 832 return by 836 scrutineers at 833 debentures for, form of 837 issue of 837 repayment of 831 Meetings (See "Organization" and "Trustees.") Notice (See "Organization" and ' 'Assessment.") Officers, failure to appoint 842 (See "Trustees.") Organization meeting, majority necessary 822 notice of 822 place of 822 proceedings at 822 voters at, qualification of 822 declaration by 822 notice of application for to be published by commissioner . 821 by petitioners. ... 821 petition for , 821 verification of 821 returning officer at, appointment of 821 notice by 822 return of 822 vote of 822 Petition for erection of district 821 verification of 821 notice of application 821 Rates, annual estimate of 838 arrears (See "Airears.") collection of 838 by-law for 838 debt to trustees, to be 839 distress for 839 time of payment of 839 Regulations (See "Trustees.") Returning officer, at organization, appointment of 821 duties at meeting 822 at election 823 notice by 821 return by 823 vote of 823 at subsequent elections, secretary-treasurer to be 823 Secretary-treasurer (See "Trustees.") 1272 1905 INDEX 55 The figures refer to the foot paging. IRRIGATION DISTRICTS— Conimwed. Short title g20 Taxes .V.' (gee "Rates.") Trustees, application for authority by 827 for water by 827 appointment of by commissioner 823, 842 body corporate, to be a , 825 borrowing powers (See "Loan.") till taxes collected 842 chairman of, election of 826 fro tern, 826 vote of 826 declaration of office by 824 election of, annual 825 declaration of by returning officer 823 failure of 823 irregularity at, charge of 824 inquiry into 824 poll book at 823 secretary-treasurer to have 823 proceedings at 822 voters at, number of votes of 823 oath of 823 qualification of 823 engineer, .appointment of by 827 meetings of 826 nomination of 822 officers, duties of 826 appointment of by commissioner 826 payment of 826 powers of 825, 841 qualification of 822 regulations and by-laws 826 secretary-treasurer, appointment of 826 collector's roll to be made by 838 security from 827 to be collector 838 to be returning officer 823 subsequent elections of, provisions applicable to 823 returning officer at, secretary-treasurer to be 823 term of office of 824 vacancy on board of 842 Water, application by trustees for 827 rights, trustees may acquire, etc 825 Works, trustee may construct, maintain and regulate 841 JOINT STOCK COMPANIES (See Companies.) FOREIGN (See Foreign companies.) JUDICATURE. Abatement (See Change of Parties.) Certificate to be given by advocate 235 none where cause of action continues 233 by expiry of writ or process 325 Acceptance by plaintiff of sum paid into Court (See Payment.) Accountants, judge may obtain assistance of 315 Accounts, actions for * 264 reference compulsorily 265 affidavit to verify. 265 allowances, just 265 alterations, in verified 265 books of, when prima facie evidence 264 clerk's (See Clerk.) delay in taking proceedings on 265 directions to take 265 '. . numbering 265 special 264 disputed items only to be brought before judge 265 exhibit to affidavit, to be made 265 items contested 265 1273 56 INDEX 1905 The figures refer to the foot paging. JUDICATURE— Conimii€d. Accounts, just allowances, in taking 265 mode of taking, special directions as to 264 numbered consecutively, items in, must be 265 originating summons for 313 proceedings, expeditiary, in case of delay 265 receivers (See Receiver.) surcharge, notice of intention to 265 taking, mode of 264, 266 undue delay in taking 265 verification of 265 vouching, mode of 265 Action against public officers, limitations 324 notice of 324 venue 324 account, for 264 commencement of 217 continuation of, where change of interest 234 entry of, in what district 208 joinder of, causes of 235 meaning of term 207 pending, matters arising 248 perpetuate, testimony, to 275 trial of, in what district 248 Adding parties (See Parties.) Address for service 235 defendants, on appearance 235 omission of 236 illusory or fictitious, service in case of 236 plaintiff's, to appear on writ 219 omission of 219 Address of defendant to accompany appearance 236 plaintiff and advocate to be indorsed on writ. . . 219 Adjournment of trial 269 of sittings (See Court en banc.) Administration accounts of administrators to be filed 338 ancillary grant of 335 securing on 326 application for 335, 338 originating sununons for 314 administrator, by 229 actions for, conduct of 229 default of appearance in 239 originating summons, by 313 parties to 228, 229 service out of jurisdiction in 222 advertisement for claims 336, 337 ancillary grant of 335 application to pass accounts 338 attendance of administrators on claim against estate in administration, pro- ceedings in 230 citations, summonses and notices 336 claims, notices to send in 336 securities to be valued 337 . verification of 337 costs 320, 326 creditor's claim in, who to appear on 230 and others, order to send in claims 336 heirs, etc., unascertained or absent 228 judicial district in which to be granted 335 judgment for at instance of executor, administrator or trustee •. 229 legatee or person interested in land 228 residuary devisee or heir * 228 legatee or next of kin 228 notice of, form 229 service of 230 effect of 229 memo, of 229 1274 1905 INDEX 57 The figures refer to the foot paging. JUDICATURE— Conitnued. Administration, legal personal representatives, where no, Court may dis- pense with 230 only, to appear on claims against estate in 230 letters, issue of to public administrator 214 revocation of 214 originating summons for 313 determination of matters relating to 314 parties in, representation of 230 parties to actions for \ 228 personal representative, appointment of other person in- stead of 335 probate (See Probate.) public administrator, administration granted to, revok- ing 214 administrator ad litem 336 appointment of 214 duty as to taking possession of estates 213 application for administration, cost in such case 215 duties of 339 executor or next of kin may super- cede 214 guardian, ad litem 338 infant, actions against, service on originating summons, by, as creditor 338 proceedings by 338 qualifications of 214 remuneration of 339 security by 214 in special cases 335 service on, where infant interested . 338 yearly statement of emoluments. 216 representation of parties in 230 representation of estate pending grant 335 security by administrators 335 proceeding on 335 trusts, execution of 228 waste, proceeding to restrain, pending grant 336 Administrator (See Administration.) (See Probate.) action by or against on behalf of estate 226 ad litem 336 administration at suit of 229 appointment of, in certain cases 335 attendance of on claim against estate in administration . . 230 costs of and compensation to . • 320, 326 opinion, advice or direction of judge, apphcation for or- iginating summons by 316 Public, and official guardian 214 duty as to neglected property of deceased 214 issue of letters to 214 security by 214 Admissions, amendment of • ' ', oao case of other party of, notice of ^oz costs of proving what ought to be admitted ^od occasioned by refusal to admit documents 263 where notice not given 263 denial not specific, where -^^ documents, of ■ ■ • • °^ party may be required to make f06 notice for ^o3 costs of unnecessary ^oo verification of signature of " 263 effect of limited to immediate purpose 263 evidence of 1275 85 INDEX 1905 The figures refer to the foot paging. JUDICATURE— ContinMed. Admissions, facts of, notice to make 263 time for 263 notice of 263 party may call on other party to make 263 pleadings, on the 242 refusal of 263 effect of on costs 263 verification of signature to 263 judgment on 263 application for 263 notice in writing of 263 payment into court, by 244 pleading, by 263 insufficient denial in 242 persons under disability, exception 242 refused, costs where 263 signature to, affidavit of 264 service of, by advocates 224 subsequent proceedings, effect of, on 263 time for 263, 264 withdrawal of 263 Advertisement, citations, summonses, and notices, of 336 creditors and claimants, for 315 for, to send in claims 337 excluded from benefit of judgment on failure to prove after 315 originating summons, notice of, by 314 signature of 316 substituted service by 221 Advocate. 235 abatement of action, to give notice of 235 acceptance and admissions of service by, evidence of 224 address to be furnished on issue of writ by 217 address to be endorsed on writ 219 for service when required 219 omitted, service in case 219 change of, how effected 220 notice of 220 costs, may be ordered to pay, when 322 disclosure as to whether writ issued with his authority 219 employment of, after party acting in person 220 neglect of, to inform client of issue of order of inspection of documents 258 Affidavits accounts, verifying 265, 279 address of deponent in 277 advocate, taken before 278 affirmation included in term 208 agent, taken before 274 alteration in 279 answer, in 278 application for summary judgment on 240 attachment of debts, for 292 goods, for 300 belief, when it may be stated in 276 blind persons, by 277 chambers, in 275 previously used 278 clerk, taken before 278 commencement of 276 contents of 276 copies, certified, may be used 278 costs of improper matter in 276 informal 276 cross examination on 273, 276 defective, judge may receive 278 deponents by two or more 277 description and address of 277 to be stated in 277 signed by, to he 277 1276 1905 INDEX 59 The figures refer to the foot paging. JUDICATURE— Conimued. Affidavits, documents of (See Discovery.) erasures in '277 278 evidence may be given by, when ' 276 by order 270 . . under agreement 270 exhibits to 279 certificate upon 279 facts to be deposed to by 276 filed before issue joined not to be used at trial without notice . 274 filuig of 277, 278 time for 278 after ' 278 form of 277 illiterate persons, by 277 information and belief on 276 interlineations in 277 interlocutory motions on 276 277 interpleader ' 304 Intituling 276 jurat to, form 276 in cade of blind or illiterate persons 277 knowledge, not belief, to be sworn to except on interlocutory motions 276 motion, evidence on, by 276 ex parte on 278 oaths, officers for 276 paragraphs in, to be numbered 277 particular fact at trial ordered to be proved by 270 partner, taken before 278 reply, in. _. ._ 278 scandal in, striking out 277 costs of application for 277 served, to be, when 240 service, of, contents of 278 to be filed when 309 writ and claim to be marked exhibits 222 service out of jurisdiction, on application for leave of 222 several deponents 276 signature 277 swearing of, before whom 276 abroad, before whom 276 before whom not to be taken 276 time and place to be expressed 276 verified accounts, alteration in 279 Alias writs, issue of 325 Allegations (See Pleading.) Allowances, just, in taking account 265 out of estate pendente lite order for 297 to receiver. 299 Alternative contracts, how pleaded 243 Amendment admissions of fact, of 263 appeal, on 318 of notice of 318 application for leave for 255 clerical mistakes 255 costs of, generally 256 counterclaim, of 254 disallowance of improper 254 failure to make, after order 255 general power to amend 256 improper, disallowance of 254 judgments, of 255 leave, by 254 without 254, 255 manner of 255 notice of appeal, of 317 order giving leave for 255 not to be drawn up .... ! 311 1277 60 INDEX 1905 The figures refer to the foot paging. JUDICATURE— Coraimued. Amendment, orders, of 256 parties, as to , 224 pleadings, of 254 appeal on 317 counterclaim, without leave 254 costs of 256 dates of order and of 255, 256 defendant, by 254 delivery, on 255 disallowance of 254 leave, by, at any stage, on terms 253 marking on 255 plaintiff may make once without leave 254 pleading after 255 statement of claim without leave 254 striking out 255 time for 254 powers of .- . 254, 256 proceedings, defect in 256 terms, on 255 third party, procedure in 232 Announcement by Judge in Chambers that in Court 209 Appeal, court en banc, to (See Court en banc.) taxation of costs, from 822 sheriff's costs, from 291 Appeal from order of examiner 260 Appearance 235 action for recovery of land, in, as landlord 236 person in possession 236 addresses to be given with 236 service where no, given 236 default of (See Default of Appearance.) defendant, entry by 235, 236 time for 217 several, some appearing, others not 238 several, some served, others not 239 landlord not named in writ, by 236 as such, by 236 partners, by (See Partners.) person, not a party by 235, 236 controlling business but not a partner 228 served with notice of judgment by 229 protest, under 228 recovery of lands, in actions for 236 by persons not party 236 limiting defence, notice of 236 service, setting aside, before 237 where no address on 236 several defendants, some appearing, others not 237 served, others not 237 striking out (See Summary Judgment.) third party, by (See Third Party.) time for, to writ of summons 217 may be shortened 218 for ser\'ice out of jurisdiction 224 writ setting aside, before : 213 Application as to change of parties 226, 234 Applications to set aside writ of service for recovery of land 237 for conversion of securities 248 to set down for trial 252 to strike out appearance 240 to set aside judgment 279 for interlocutory orders 296 in chambers 311 (See Originating Summons.) Appointment for examination for discovery 259 service of 259 Ascertainment of damages, inquiry in 266 Assessment of damages in continuing cause of action 266 1278 1905 INDEX 61 The figures refer to the foot paging. JUDICATURE— Contrnwed. Assignment. (See Change of Parties.) cnoses m action, of 212 estate, pendente lite, of 234 ... , J. ,■ ■, , ^ carrying on proceedings after. .. . 234 Attachment of debts 292 296 affidavit for ' 293 application to set aside 293 costs, liabihty of garnishee 295 defendant ■ 295 of garnishee, payment of 293 delay by plaintiff 294 execution against garnishee 294 stayed till debt due by garnishee 295 exemptions from 295 exception 296 garnishee summons, when issuable 292 affidavit for 293 application by, to set aside on delay by plaintiff. . 295 default by 294 discharge of payment or levy 295 dispute by 294 issue as to indebtedness of 294 issue, trial of 294 judgment against garnishee 294 N. W. Government, garnishment against 294 service on 294 when rule applicable 294 pajrment out of moneys paid in by garnishee 293 plaintiff, delay by 294 service of summons, effect of 293 manner of 293 on defendant 293 setting aside 293 for nonprosecution 294 suggestion of claim by third party 295 third party, claim by 295 procedure on 295 trial of issue 294 A-ttachment of goods 299 affidavits for writ 300 application to judge for writ 300 cases where issuable 299, 300 delay by plaintiffs 302 disposal of goods pending suit 301 exemptions where no family remaining 300 perishable goods, disposal of 301 plaintiff to give security in certain cases 300 omission of 302 return of goods on security furnished 301 service of writ 300 security to be given by plaintiff, when 300 release of goods when given by defendant 300 setting aside writ 301 sheriff, return and inventory of 300 duty of 301 subsequent proceedings 301 Attendance on examination, refusal of 260 penalty 260 Attorney General _ questions as to validity of Ordinances, pleadings; etc., to be served on 231 entitled to be heard on argument 231 Audita querela,, abolished 286 Award motions to enforce or remit, requirements 309 Bailiff, term included in "sheriff" 208 Banking raoiieys, paid into court 247 Belief, statements of, on interlocutory motions 276 Bills of exchans;e 1279 62 INDEX 1905 The figures refer to the foot paging. JUDICATURE— Coniinited. Bills, joinder of parties to as defendants 226 loss of, defence of not permitted when indemnity offered 244 Blind persons, affidavits by 277 Bond, replevin (See Replevin.) security of costs, in (See Costs.) Books, production of, on examination 269 Case, special (See Special Case.) Cash under control of Court (See Funds in Court.) Cause , conduct of, judge may give, when 229 meaning of term 207 reading evidence taken in other 270 Cause of action disposal separately 235 joinder of 235 Certificates on exhibits (See Affidavits.) Cestui que trust claims by, against trustee, not barred by statute of limitations 211 execution of trust, anyone may have judgment for " 228 Chambers, proceedings in ; 313 adjournment of summons, fxirther summons unnecessary. . . . 313 clerk to attend sittings in 213 costs thrown away by nonattendance 311 default in attendance, proceedings ex parte 311 ex parte proceedings where party fails to attend 312 reconsideration of 312 terms 312 judge may require notice to be given 325 judge in, may declare himself in court 209 jurisdiction of 313 motions (See Motions and Applications.) orders, date of 311 need not be drawn up, when 311 varying S17 originating summons, by (See Originating Summons.) proceeding failing by nonattendance of party, costs 317 summons in, time for service - 312 Change of advocate 220 Change of interest, continuation of action where 234 adding parties where 234 Change of parties abatement, no, where cause of action continues 233 advocate for plaintiff to certify 235 adding parties successors in interest 233 applications as to, may be made ex parte 234 assignment, creation or devolution of estate pendente lite 234 capacity of party change of 234 cause of action, surviving or continuing 233 death of parties 233, 235 failure to proceed on 236 interest, change of, continuation of action where .... 234 adding parties where , . . . 234 marriage of party 234 omission to proceed with cause 235 order to carry On proceedings 233 application for ex parte 234 « service of 234 appearance by person served 234 effect of 234 discharging or varying 234 when person not under disability. . . 234 when person under disability 234 default of application for 234 persons interested coming into existence after action. . 233 successor made party on 233 Charges, sheriff's for levy 290, 291 1280 1905 INDEX 63 The figures refer to the foot paging. JUDICATURE— Contmwed. Chattel, specific order for delivery of 297 Cheques, seizure of by sheriff 287 Chose in action assignment of 212 interpleader regarding 212 vesting order for 209 Claims, conflicting 212 proving, under originating summons 316 Class representation of, in suit 226 representation of unascertained 228 Clear days, how reckoned 325 Clerk defined 208 Clerk of court absence of, provision for 214 accounts to be kept by 213 appointment of deputy by 213 of substitute on vacancy 214 books to be kept by 214 open to public 213 chambers, sitting in 213 duties of 213 oflBce hours, 213 vacancy in office, disposition of books, etc 214 who included in term 208 (See Clerks and Deputy Clerks.) Close of pleadings (See Pleading.) Common Law, equity to prevail where variance 213 Completion of dispositions on examination for discovery 261 Concurrent writ (See Writ of Summons.) Condition precedent to be distinctly specified in pleading 242 Conditional leave to defend on application for sunmiary judgment 241 judgment 282 Conduct money, payment of to witnesses 271 Conduct of proceedings, judge may give to party when 229 costs' 229 examination for discovery 260 Confession of defence 248 Conflicting claims 212 Consent, special case by 267 judgment 282 Consignee, term included in receiver 207 Consmidated actions, payment into court in 246 Constitutional questions, notice to be given Attorney General. . 246 < 'rdinances questioned 231 Attorney General entitled to be heard on 231 Continuation of action where change of interest 234 Contract, alternative, pleading 243 breach of, injunction against 298 construction of 212 denial of, in pleadings, must be sufficient 243 part performance when satisfaction 212 stipulations in, construction 212 Contribution or indemnity defendant claiming third party 231 defendant 233 Conversion of securities, application for 248 Copy, certified, of shorthand report of examination 261, 262 of records, etc., use of in evidence 270 Coroner, term included in Sheriff 208 Corporations, service of writ on 222 enforcing judgment against 286 Costs. administration, etc 320 admission of documents or facts refused, where 263 advance fees payable in, in certain cases 323 advocate's fees : 323 may be deprived of, or ordered to pay, when 322 1281 64 INDEX 1905 The figures refer to the foot paging. JUDICATURE— Coniinued. Costs, amendment of 256 appeal, none where judgment or order regarding, only 317 bond for security 321 clerk's fees : 322 copy tariff to be posted 323 lunacy matters in 329 court en banc, fees to register and counsel 323 deposit where fees payable unascertainable 323 discontinuance of action, on 253 discovery, of examination for 263 discretion of court as to 320 event, follow, where trial by jury 320 executors, trustees, guardians, etc., compensation to 320 fees payable in advance in certain cases 323 guardian ad litem, advocate of 321 interpreter's fees 323, 351, 355 issues, of.- 321 judges to fix clerks' and sheriff's fees 322 advocates' 323 jury, where 253, 320, 323, 350 notice to produce unnecessary documents, of 264 pajrment into court, on (See Payment.) registrar of court, fees of 323 security for 321 bond by, to whom given 321 cases in which ordered 321 manner and time of giving 321 not necessary for appeals unless ordered 317 service of writ, of 220 sheriff's fees 322 copy tariff to be posted 323 for levy 291 small debt tariffs 354 special case 268 taxation of, notice of 322 proceedings imnecessary, no, of costs of 322 exception 322 review of 322 evidence on 323 party and party, between 322 tariffs in certain cases 350, 355 to be posted 323 third party procedure, in 233 trustees, provisions as to, of 320 withdrawal of claim on 253 witnesses' fees 323 proceedings against disobedient, of 272 Counterclaim (See Pleading.) amendment of, without leave 254 cross action, same effect as 240 defence of matter arising pending the action 248 defendant may set up 241 discontinuance, effect on 241 of 253 dismissal of action, effect on 243 exclusion of 241 judgment on 241 default of appearance by plaintiff at trial 259 matters arising pending the action 248 misjoinder of plaintiffs, effect on 225 pajrment into court on 246 plaintiff improperly joined, against 225 pleading 241, 242 reply to 242 how pleaded 242, 243 matter arisen pending action 248 stay of action, effect on 241 1282 1905 INDEX 65 The figures refer to the foot paging. JUDICATURE— Conimwed. Counterclaim, striking out 253 if not convenient to be disposed of in action 241 withdrawal of 254 Court, announcement by Judge in Chambers that in. .......... 209 may make vesting orders 209 payment into and out of 244 power of amending proceedings 256 sittings of 209 Court en banc ojy adjournment of sittings 3j^7 quorum not present, when 317 appeal lies, when 3j7 not to be stay of proceedings 319 general powers of court on 31S parties to 31g to be entered first opportunity 320 evidence on, as to question of fact 319 cases in which appeal lies ." 317 consent judgments not appealable except by leave 317 costs of appeals, powers of court 318 judgments as to, not appealable except by leave 317 security for, when required 317 default in entry of appeals, etc 320 entry of appeals, etc., to be made promptly 320 evidence, further, on appeal 318 when question of fact involved : 319 interlocutory orders not to prejudice appeal 319 judge to whom application should be made, becoming unable to act/ procedure 319 judgment of, delivery by one judge 320 jurisdiction in appeal 317 motions for appeal should be made promptly 320 new trial, may be asked alternatively 317 in case of substantial miscarriage 318 on any one question 319 notice of appeal, amendment of 318 contents 317 time for service 318 service on whom 318 rules of 216 security for costs, when ordered 317 for judgment pending appeal 319 sittings of 317 stay of proceedings, pending appeal 319 notice of appeal not a stay 319 Creditors administration action by 314 advertisements for 316 claims in chambers by 316 omission to file claim in time, exclusion 316 Crops, growing, not to be sold under execution 288 •Cross examination (See Affidavit, Trial.) •Custody of infants (See Infants.) Damages, ascertainment of 266 assessment of, continuing case of action 266 default of appearance in action for 238 defence to action for 243 injunction, in lieu of as in addition to 212 inquiry as to 266 pleading as to 243 reference to officer of court to ascertain 266 specific performance, in lieu of 212 death of parties (See Change of Parties.) action not to abate on 233 Date of judgment 281 Death of sole plaintiff or defendant 235 Declaratory judgments 249 1283 66 INDEX 19Q5 The figures refer to the foot paging. JUDICATURE— Continued. Default of appearance affidavit of service to be filed before proceeding on 237 defendants, several, some served, others not 239 defendants, several, some appearing others not . 238, 250 hearing at 267 infant or person of unsound mind, by 237 judgment upon, administration or partition ac- tion in 239 damages, in case of claim for. . . 238 liquidated demand 238 mode of ascertaining 266 defendants not served, where some • 239 detention of goods, claim for. . . . 238 foreclosure 239 interlocutory, against non-ap- pearing defendants 238 land, recovery of, in action for . 238 and damages 239 and mesne profits 239 liquidated demand in case of claim for 237 several defendants. . . 237 default by some 238 mortgage, lieu or charge, in ac- tions respecting 239 setting aside or varying 239 third party against 232 motions, notice of, in case of . . 310 other actions 239 pleadings, delivery of, by filling in 236 proceedings on, in actions not specially provided for 239 redemption 239 sale 239 service, indorsement of, on writ not necessary. 222 of motions in case of 310 setting aside 239 substitutional, proof of claim, in case of 224 third party, by 232 trial at 268, 269 judgment upon, varying orders on 239 writ of summons to be filed on . 237 order dispensing with filing 237 Default of pleading, close of pleadings on 249 debt, claim for, judgment on 250 defendant, by, where action for debt or liquidated demand 249 several defendants 250 detention of goods and damages 250 several defendants 250 recoverjr of land 251 with claim for mesne profits, etc 251 where defence to part only of claim 251 other cases 251 entry of judgment, in 250 issue, by parties to 252 judgment on, setting aside 239 profits, mesne, actions for, in 251 recovery of land 251 rent, actions for, in 251 reply, by nondelivery of 249 third party, by 252 several defendants, where 252 1284 1905 INDEX 67 The figures refer to the foot paging. JUDICATURE. .Continued. Defence (See Pleading.) amendment 254, 255 arising after action started 248 confession of 248 judgment for costs on 248 contents of 241 counterclaim by way of 241 (See Counterclaim.) equitable 210 damages, pleadmg to claim for 243 delivery of 236 default in 249, 250, 252 time for 236 filing, time for 236 Defence further and better 242 leave to put in under order 241 limiting m action for recovery of land 236 matter arising pending the action 248 part of claim only, to 251 particulars of 242 payment into court before and with 244, 245 person, by one, on behalf of class 226 pleading, niles of 217, 220 service of 236 statement of, contents 241 striking out 244, 249 for noncompliance with order for discovery, etc. . . . 257 tender before action of 244 time for delivery of 236 enlargement of 236, 326 withdrawal of 254 Defendant (See Parties.) adding 226 added, service on 226 addresses of 217, 236 appearance by 235 not appearing at trial 268 claiming contribution or mdemnity against other defendant. . 233 third party (See Third Party.) co-defendants, questions between, not to delay plaintiff 233 costs of where plaintiff improperly joined 225 counterclaim by 225 death of (See Change of Parties.) default of appearance by (See Default of Appearance.) discontinuance by 253 equitable claim by 210 counterclaim by 210 firm, carrying on business as, service on 221 jurisdiction, out of, issue of writ against 222 marriage of (See Change of Parties .) meaning of 208 nonappearing 238 not interested in all relief claimed 225 payment into court by 244 representative capacity of to be shown in writ 226 residence of to be given in praecipe for writ 217 service of writ on 220 substitutional 221 of pleadings, where no address given on affeasance — 236 third party added hj 232 who may be joined m 225 Delay, plaintiff not to suffer, under third party procedure 233 in proceedings to take account 265 Delivery of amended pleadings 25o Demand for names of partners composing plaintiff firm 224 Denials in pleadings must be specific 242 of contract 243 Departure not allowable in pleadings 242 1285 68 INDEX 1905 The figures refer to the foot paging. JUDICATURE— Coraimwed. Deputy clerk included in term "clerk" 208 ordinance respecting 356 (See Clerks and Deputy Clerks.) Deputy Sheriff included in term "sheriff" 208 ordinance respecting 364 (See Sheriffs.) Delivery of judgment at trial 269 of specific chattel, order for 297 Demand when not necessary to obedience to judgment 282 Depositions, form and completion of 261 shorthand report of 261 witness not signing 261 recording questions and answers in by examiner 261 may be taken in shorthand 261 witness need not sign, when 261 certified copy of 261 filing 262 mode of taking, in cause 271 return of 273 use of in evidence 273 (See Affidavits.) Detention of property, order for 297 Determination, final of matters in controversy 211 Devisee, residuary, right of on administration 228 Directions, under third party procedure 233 as to mode of taking account 264 numbering 265 special, as to taking evidence 274 Disclosure by advocate whose name is indorsed on writ 219 of names of partners 226 Discontinuance costs of action on 253 counterclaim may be proceeded with after. 241 defence, before 253 after 253 defendant by, by leave 253 entry for trial, after 254 judgment for costs on 254 leave of court for 253 notice of 254 order of judge, by 253 plaintiff by 253 stay of new action brought before payment of costs of discontinued action. . . . ; 254 subsequent action, when no defence to 253 stay of, pending payment of costs. . . 254 taxation of costs on ■. 254 terms for withdrawal of defence 254 withdrawal by consent 254 of defence 254 Discovery, examination for 258 appeal from order of examiner 260 appointment for, issue of 259 nonattendance on 260 service of 259 before trial 258 bodies corporate, officers of 258 certified copies of documents 259 compelling attendance for 258 conduct money to be paid 259 of examination, mode of 258, 260 copies of documents to be taken, when 258 corporations, officers of 258 costs of, inquiry as to 263 objections by witness 260 cross examination and re-examination 260 1286 1905 INDEX 69 The figures refer to the foot paging. JUDICATURE— Cojiiinwed. Discovery, depositions, certified copy, effect of 261 filiiig of '.'.'.'.'.'.'.'.'.'. 262 form of 261 taken in shorthand, when 261 form and completion 261 to be read over and signed 261 witness refusing to sign 261 documents, inspection of by examiner 260 production of, on witness refusing to part with copies to be taken 259 evidence, use of examination in 262 examination, before whom to take place 259 costs of, inquiry as to 263 explanatory 260 time for 260 further on party's own behalf 259 party united in interest, of 259 place for 259 rules of 259 time for 259 examiner, who to be •. . . . 259 appeal from order of 260 may make special report 262 explanatory examination 259 officer of body corporate 260 jurisdiction, out of 259 notice to produce documents on 259 objection by witness, costs of 260 decision of 260 to questions 261 to be recorded 261 officer before whom to be held 259 report of special matter by 261 officers of bodies corporate, of 258 order of examiner, appeal from 260 order special, not necessary for 258 out of jurisdiction 259 parties liable to examination 259 party united in interest with person examined 260 penalty for nonattendance on 260 person beneficially interested 258 place of examination 259 production of documents on 259, 260 questions and answers, particulars may be noted by examiner 261 re-examination and cross examination 260 refusal to attend for examination 260 return of depositions to clerk 262 rules for examination 258 shorthand, use of, on 261 special order for, not necessary 258 matter, report of, by examiner 261, 262 subpoena for, issue of 259 disobedience to 260 • time examination may take place 258 trial, use of depositions in evidence at 262 witness, conduct of, report of examiner on 262 punishment of 262 fees , 259 nonattendance, penalty 260 objections by 260 (and inspection) of documents advocate not notifying client of order 258 affidavit of 256 application for, ex parte 256 attachment for failure to comply with order for 258 by and from whom obtainable 256 decision of question prior to 257 1287 70 INDEX 1905 The figures refer to the foot paging. JVDICATXJR'E— Continued. Discovery, default in making 258 defendant, when reqmred from 256 documents of 256 afiidavit of 256 default in filing 258 documents of, affidavit of, objection to produce to be taken in. 256 application for 256 order for 256 inspection of documents 256 notice of time and place of 257 order for 257 noncompliance with order for 258 penalty 258 order for, service on advocate 258 parties from whom required 260 plaintiff, when required, from 258 production 256 objections to 256, 257 reserving, pending decision of question 257 service of order on advocate 258 time for, by defendant 256 by plaintiff 256 in aid of execution 291, 292 books and documents, production of 292 conduct money of person examined 292 corporation, officer of, examination 291 costs of examination 292 difficulty in enforcing judgment other than for money 292 disobedience to order 292 examination of judgment debtor 291 ofiicer of corporation 291 clerk or former employee 291 transferee of debtor's property 291 rules of 292 nature of examination 292 use of examination 292 Dismissal of case for want of prosecution 252 Disposal of points of law raised in pleadings 248 Disposition of moneys on securities paid into court 247 District for entry and trial of suits 209 new, and subdivision of, provision for establishing 208 Documents, production of (See Discovery.) admissions of 263 affidavit of (See Discovery.). copy, certified, may be taken of original, produced on exam- ination 259 cost of proving after refusal to admit 263 discovery of 256 effect of, may be alleged in pleadings 243 examination for discovery, production on 259, 260 impounded, not to be removed 270 inspection of, application for 257 bank and trade books 257 default in giving notice of time for 257 notice for, fixing time for '. . . . 257 order for 257 persons to whom allowed 257 time for 257 notice to admit 263 effect of on costs 263 inspect, time for 257 produce on examination for discovery 259 pleaded, how 243 inspection of 256 production of 257 banker's books, etc 257 default in, after notice 257 examination for discovery, on 259, 260 1288 1905 INDEX 71 The figures refer to the foot paging. JUDICATURE— Corrfinued. Documents, production of, noncompliance with order for 258 notice for 257 order for 257, 260 service of 258 penalty on non, after order 258, 271 place of 257 costs of order for, of unnecessary, 264 possession or power of party, in 256 referred to in affidavits or pleadings 256 Duration of execution 284 Duties of clerk of court 213 Education of infants , 322 Effect of admission of facts , . 263 Embarrassing matter, pleading 244 Engineers, judge may obtain assistance of 315 England, laws of evidence applicable 213 forms used in 324 practice in, when applicable 216 Enforcement of orders 285 Entry of suits, district for 208 of judgments (See Judgment.) Equity, rules to prevail 213 of redemption, seizure of by sheriff 287 Equitable claims defendant, by, court to entertain 210 counterolaiming 210 against third parties 210 plaintiff, by 210 equities appearing incidentally 210 defences 210 waste 211 Estate for life, without impeachment of waste 211 outstanding inquiry as to 265 allowance out of, pendente lite, order for •.:■. 297 infants, of (See Infants.) .,i,.u (See Pleading.) Evidence admissions of service by advocates 224 of fact, of 264 affidavit, by, of particular fact - • • • 270 except where cross examination bona ^e required 270 appeal on 319 causes, other, reading, taken in 270 copies of records, etc., certified by clerk 270 directions as to taking 274 documents, impounded, removing 270 England, laws of, as to, adopted 213 examiner, may be taken by 270 to be sworn j'j}^ examination of witnesses, order for 271 viva voce or by interrogatories 271 oaths, administering 271 giving in evidence ^^^ witness entitled to conduct money 271 disobedience to order 271 copy proceedings for examinei 271 conduct of ^71 production of documents j^'J- order for 271 disobedience to 271 mode of taking depositions ■ 271 disobedience of witness 970 ,:'•, objections by witness ^'^ 'Vl return of depositions j'iA I Vi ■^ special report by examiner ^^^ !>?',■ ! VI' use of depositions in evidence ^'^ \'/.l ■ examiner may administer oaths j^iji ,\^^: for use in proceedings in cause ^'^ 1289 72 INDEX 1905 The figures refer to the foot paging. JUD ICATVRE— Continued. Evidence, examination, conduct money 271 cross examination on affidavit 273 notice of intention to iise at trial depositions tak- en before issue joined 273 viva voce unless otherwise agreed 270 impounded documents, removal of 270 interrogatories, examination by 270, 271 judgment on, taken by examiner 270 certified copy of 279 laws of England, as to, adopted 213 perpetuating testimony, action for 275 pleadings not to contain 241 practice on taking 273 production of documents, order for 271 reading, taken in other causes 270 renewal of writ of summons, of 219 reporters shorthand 274 review of taxation of costs on • 323 taken in other causes, may be read 270 other than at trial, mode of taking 273 taken at trial, subsequent use of 274 after trial 273 witnesses, examination viva voce unless otherwise agreed 270 conduct money, entitled 271 Examination -.r defendant of, on application for summary judgment 241 discovery, for 258 (See Discovery.) e%Tidence, for use as 270, 275 witnesses (See Evidence.) Examiner, production of documents for inspection by 260 appeal from order of 260 evidence in action may be taken by 270 Exchange of properties proceedings where ordered 308 Execution creditor 208 term includes assignee 208 Execution 282, 291 (See Creditors' Relief Ordinance.) audita querela abolished 286 bank notes, seizure of 287 bills, seizure of 287 bonds, seizure of 287 change of parties, leave to issue after 285 cheques, seizure of 287 conditional judgment of 283 corporation, against - 286 costs, for 290 costs, against lands, money made on goods 290 of...._ 290 taxation of 291 creditor, includes assignee thereof 208 crops, growing, seizure of 288 date of 284 death of judgment debtor, upon 284 difficulty arising about 292 direction to sheriff 285 discovery in aid of 291 costs of 292 duration of 284 effect of, as against goods 286 equitable, originaiing summons for (See Recei%er.') eq.'.ity of redemption of goods, seizure of 287 expenses of 285 expiry of writ, sale after 289 facts arisen too late to be pleaded 286 firm, against 283, 284 application for leave to issue 284 form, where none provided 286 1290 1905 INDEX 73 The figures refer to the foot paging. JUDICATURE— Continued. Execution, garnishee against 294 goods, effect of, as against 286 equity of redemption in, seizure of 287 husband, liable or entitled on judgment against wife 285 indorsement of direction to sheriff 285 issue by leave in certain cases 269 requirements on 284 judgment or order on condition, condition not complied with 282 delivery of land for 283 mandamus, injunction, specific performance, of 286 payment of money to enforce 283 recovery of property other than land or money . 283, 290 special case, on decision after 268 to do act other than payment of money 283 in a hmited time 283 or abstain from act, of 283 • judicial district, to any 284 land for recovery of 283, 290 and costs, separate writs 290 issue of, against 288 proceedings on sale of, under 288, 289 return nulla bona to goods necessary 289 sale, time for 288 advertisement of 288 adjournment of 289 notice of. 289 transfer, form in certain cases 289 money made on goods, no costs allowed against lands 289 return in such case 289 leasehold interest, seizure of 287 leave to issue in certain cases 285 upon change of parties 285 death of judgment debtor 285 third party, against 232 levy, what to be included in 290 limitation to issue of 285 money for payment of 283 seizure of 288 mortgages, seizure of 287 notice to mortgagor 288 nulla bona, return of 289 order of, like judgment • 286 to do act at expense of party refusing 286 partners against 284 payment of money, for 28d by sheriff of money realized 288 person not a party, by or against 286 perishable articles, sale of, under • 287 poundage, etc., levied upon 285, 290 praecipe for 284 promissory notes, seizure of '"" refusal to do act, order same to be done at expense of party refusing 286 renewal of oaq SI return of qTn enforcing ^^ sale under ^^' in interpleader proceedmgs o'm sheriff, by 287 notice of ^° ' securities, seizure of ^^' separate, for debt and costs in certam cases ^»y sheriff to whom may be directed ^o4 seizure and sale by ^° ' payment by, of moneys realized ^»° fees of to be deducted from levy ^»» charges of, poundage, amount chargeable ^90 1291 74 INDEX 1905 The figures refer to the foot paging. JUDICATURE—CoJitmMed. . . Execution, sheriff, charges of. where money made in another judicial dis- trict 290 on withdrawal or stay of execution 290 taxation of 291 revision of 291 six years after judgment, leave for 284 stay of 283, 286 on ground of facts arisen too late to be pleaded 286 on judgment against third party 232 taxation of costs of sheriff on 291 third party procedure, when to issue in 232 time for issue of 282, 284 within six years 285 writ of, date of 284 directed to sheriff 284 duration of 284 expiry, proceedings after 289 form of 286 indorsements on 285 issue of, time for 282, 284 leave for 285 to any sheriff 284 against lands 288 praecipe for 284 priority of 285 renewal of 284 return of 289 separate, for money and costs 310 Executors actions by or against on behalf of estate 226 administration at suit of 229 originating summons for 313 attendance of on claim against estate in administration 230 costs and compensation of 320, 329 opinion, advice or direction of judge, application for 316 originating summons, by 331 Exhibits (See Affidavits.) Ex parte motions, use of affidavits on 278 proceedings, notice in 324 Expenses, sheriff may levy for 290 Experts, judge may obtain assistance of 315 Express trusts, claim of cestui que trust not barred by statute of limita- tions 211 determination of questions regarding 314 Facts only to be stated in pleadings 241 admissions of (See Admissions.) issue of, preparation of, may be ordered ' 264 (See Affidavit.) omission to prove material 269 arisen too late to be pleaded 286 Failure to proceed with cause, death of party 235 Fees (See Costs.) Figures to be losed in pleadings 241 Fifing depositions 262,277 Final determination of matters in controversy 211 Findings of jury, judgment on (See Judgment.) Firm ' (See Partners,) name, suits in 226 defendant carrying on business as, service on 227 execution of judgment against 284 Foreclosure action for, default of appearance 239 originating summons for 308 Foreign judgment, action, on, service out of jurisdiction 222 Forms adaptation of, in use in England 324 1292 1905 INDEX 75 The figures refer to the foot paging. JVDICATVRE— Continued. Forms, notice of payment into court 246 of acceptance of sum paid in 245 schedule of 344 Fraud, aUegation of .'.'.'.'.'.'...'..'.' (See Pleadiing.) b raudulent transfers, siunmary inquiries into 266 Frivolous or vexatious action or defence, striking out . 249 Funds in court (See Payment into Court.) banking cheques to be initialled by judge 257 deposit at interest 247 special account to be kept 247 Funds, conversion of securities, application for 248 infant or person of unsound mind, recovered by 247 investment of 247 Garnishee (See Attaclmient of Debts.) Goods of debtor, effect of execution on 286 sale of perishable, order for 296 attachment of (See Attacliment of Goods.) Grounds, all of defence or reply to be in pleading 242 arising after action 248 Growing crops not to be sold until harvested 288 Guardian, official (See Public Administrator.) accounts of, passing 299 ad litem 316 costs of 321 infants, of 329, 334 lunatics, of 327, 329 ' security by 335 Heir at law administration judgment obtainable by 313 advertisement for claims by 316 not necessary party to action to execute trusts of will originating summons by 313 representation of imascertained 228 Hours of office, clerk of the court 213 Husband and wife, service on both when both defendants 221 Illiterate persons, affidavit by 277 Impounded documents not to be removed without order 270 Indemnity or contribution defendant claiming against third party 232 defendant 233 Indorsement of addresses, etc., on writ of summons 219 date of service of writ unnecessary 222 Infants, actions in which interested, service on public admmistrator .... 338 appearance, default in, by 237 apprenticing 331 custody of 332, 333 estate and property of 333, 334 guardianship of 329, 334 mother may be appointed 330 practise and procedure 332 maintenance of 330 payment into court and investment of moneys recovered by — 247 persons and estates of 329, 334 interested coming into existence after action 234 pleading by, omission of denial in, no admission 242 public administrator may be gaurdian 339 security by guardian 331 service of writ of summons on 221 public administrator for 338 notice of judgment on 230 testamentary guardians and trustees 330 removal of 330 wages, may sue for, as if of full age 213 Injunction ^^" 1293 76 INDEX 1906 The figures refer to the foot paging. JUDICATURE— ComiOTMed. Injunction, breach of contract, against 298 damages in addition to or in lieu of 212 form and effect 298 interlocutory, order for 212, 298 service out of jurisdiction in actions for 222 wrongful act, against continuance of 298 Inquiries accounts, and, taking 264, 265 conveyances, fraudulent, into 266 damages, as to 266 cause of action continuing, vchere 266 as to, on interlocutory judgment in default of appear- ance 238 defence 250 directions as to, numbering 265 estate, outstanding 265 fraudulent transfers, into 266 personal estate, as to outstanding 265 transfers, fraudulent, into 266 originating summons for 266 order for sale after 267 equitable execution under 266 interim injunction or receiver 267 Insolvency of parties, action not to abate on 233 Inspection of documents (See Documents.) Inspection of documents (See Discovery.) of property, order for 297 by judge or jury 297 Interest, change of, continuation of action where 234 adding parties where 234 Interlocutory orders allowance out of estate, pendente lite 297 application for 296 detention of property for 297 experiments, for 297 generally 296, 298 injunction, form and effect 298 when obtainable 212 against continuance of wrongful act 298 inspection, etc., of property 297 by jury 297 interim preservation of property 297 judgment of default 250 mandamus 212 preservation of property interim 297 receiver may be appointed 212 sale of perishable goods, for 296 samples, authorizing taking of 297 Interpleader 304 adverse titles of claimants in 305 affidavit for 305 appeal in 306 applicant to prove certain matters 305 application by defendant 305 cases in which granted 304 cattle, sale of 307 chose in action, conflicting claims to 212 claimants not appearing or being in default 306 costs 307 decision final save where appeal allowed by Ordinance 306 defendant, application by, time for 305 stay of action 306 delivery of property to claimant pending adjudication 307 discovery and inspection 306 issue may be ordered 306 judgment upon 312, 314 special directions regarding 312, 314 landlord, proceedings by 311 1294 1905 INDEX 77 The figures refer to the foot paging. JUDICATURE— Contmued. Interpleader, meaning of 208 order of sale of goods seized 306 powers of judge generally 307 question of law 306 sheriff's interpleader 304 claims in respect of wliich application may be made 304 to be in writing 304 notice of, to execution creditor 304 not admitted, procedure 304 admitted, procedure 304 costs in case of withdrawal. . . 304 execution creditor, notice to ^ 304 by 304 sale of goods seized .♦ 307 several writs against same property 307 security by claimant, redelivery 307 special case where question one of law 306 stay of action where defendant interpleads 306 summons, nature of 305 Interpleader sununons, order on 306 summary disposal 306 Interpretation of terms 207, 208 Interpreter's fees, costs Intestacy, public administrator to act in certain cases 215 Investment of funds in court 247 Irregularity application to set aside proceedings for 324 costs of 324 time for 325 fresh step after, effect of taking 325 grounds of, to be stated 324 jurat of affidavit, in 277 noncompliance with rules, by ? 324 service, setting aside for 237 waiver of 324 writ, setting aside for 237 Issue of process personal application for 213 (See Inquiries, Accounts.) costs of to follow the event 321 directed before granting discovery 257 issuing execution 285 garnishee, to determine liability of 294 motion for judgment, on 280 partner, to determine fiability of alleged 284 fact, when directed 264 fraudulent transfers, concerning 267 interpleader (See Interpleader.) joinder of 249 judge may direct 264 preparation of may be ordered 264 settUng 264 trial of Vv;. • 264 items contested on taking account '. 265 Joinder of causes of action 235 exclusion, order for 235 generally 235 inconvenient for trial together 235 24Q issues ^^^ close of pleadings 249 default of pleading, by 250 parties of „•,■,;■■■.''; (See Parties.) Judge in chambers jurisdiction of ^f.^ acting as in court --^^ 1295 78 INDEX 1905 The figures refer to the foot paging. JUDICATURE— Continwed. Judge, inspection of property by 297 single, may dehver judgment of court en banc 320 Judgment, action disposed of by point of law raised in pleading, where . 249 amendment of clerical errors in 255 apphcation for summary 240 setting aside 279 antedating of 281 clerical mistakes in 255 clerk to enter and record ■■ ■ 213, 218 conditional, execution of 282 breach under 283 waiver of 282 donfession of defence, for costs on 248 consent defendant to be represented 282 proof of consent 282 admission of fact on 263 copies, certified, effect 281 correction of mistakes in 255 costs for, where money paid into court in satisfaction of claim 246 counterclaim on 241 damages, claim for in 250 date of 281 death of parties after verdict 233 declaratory, may be asked for 249 decree included in 208 default, by, against infant or lunatic 237 of appearance (See Default of Appearance.) of pleading (See Default of Pleading.) setting aside or varying 239 substitutional service, where 223, 224 delivery of, at trial 269 of land, for enforcing 283 demand, when not required after 282 detinue, or damages, claim for, in 250 directions in for accounts, etc 264 discontinuance, on 254 dismissal of, on plaintiff not appearing 268 enforcing, against corporation 286 difficulty in 292 for payment of money (See Execution.) .for recovery of land 292 property 292 ordering doing or abstaining from act 292 entry of, affidavit, on production of 282 certificate on production of 282 date of 281 default in pleading, on 250 documents, on production of 282 order on production of 282 production of documents, on 282 recording at length 281 error in 255 evidence taken before clerk on direction of court, on 270 execution of (See Execution.) firm, against, enforcement 283, 284 garnishee against 294 includes decree 208 indorsement on copy of, for service 281 interlocutory, in def auli; of appearance 239 pleading 262 includes decree 208 interlocutory, entering on default 250 mandatory, carried out at expense of disobedient party 286 memorandum to be endorsed on copy served 281 mistakes in 255 1296 1905 INDEX 79 The figures refer to the foot paging. JUDICATURE— Con^mued. Judgment, motion for 079 appHcation may be turned into 280 appearance, notice of before 280 admissions, on 263 finding of jury, setting aside 279 inferences of fact, court may draw on 280 judgment of court to be obtained by 279 wrong, where 279 notice of motion for, before appearance 280 281 setting down ' 279 time for 280 trial of some issues, after 280 trial, after 279 at, not necessary 269 standing over 280 turning application into 280 notice of 229 advertisement, by 316 appearance by person served with 229 application by party served to discharge, vary, or add to 229 time for 229 attendance of proceedings by person served with . . 229 service of, effect of 229 memorandum of 229 on persons interested in estate under disability 230 obedience to without demand 282 omission in, correcting 255 orders enforceable as 285 originating summons, on 312 partners, against 283, 284 personal estate, for account of 264 point of law raised in pleading disposes of action, where 249 post dating 281 recording at length 281 recovery of land, for 238, 283 satisfaction of 282 setting aside, default, on 239 of appearance 239 third party, by 232 trial at 279 where wrong, on finding of jury 279 slip in, correcting 255 special case on 267 stay of proceedings under, in case of appeal 319 summary (See Summary Judgment.) third party, against 232 time for doing any act, must be stated in 281 Judicial district, execution in any 284 Jurisdiction to he exercised as in England if no other provision 208 with regard to estates of lunatics 211 examinations for discovery out of 259 Jury, payment into court not to be communicated to 247 fees of (See Costs.) finding of, judgment on 279 inspection of property by 297 trial by, in civil cases 252 addresses to, on 269 (See Trial.) (See Juries.) Just allowances in taking account 265 Knowledge, allegation of (See Pleading.) Land action for recovery of, against overholding tenant 236 appearance in, of person not named as defen- dant 236 limitation of defence to be stat- ed 236 XX 1297 80 INDEX 1905 The figures refer to the foot paging. JUDICATURE— Coniirawed. Land, action for recovery, application to'set aside writ of service 236 default of appearance in, judgment upon plead- ing in, judgment on 238, 251 appearance by landlord 236 mortgagor, by 211 person in possession, not defendant, appearing in 236 obtaining leave to defence 236 service of writ where possession vacant 221 out of jurisdiction 222 execution for recovery of, and costs 290 judgment for recovery of, enforcing 283 separate execution for costs 290 originating summons against overholding tenants 312 sale of 307 sale of imder execution 288 suits for, possession by mortgagors 211 Landlord and tenant (See Land.) mortgagor entitled to possession may sue or distrain 211 originating summons against overholding tenant 312 Law and equity 210 variance between, equity prevails 213 pleadings 244 presumption of, in 210 points of, raising in pleadings 248 rules of 210 Leasehold interests, seizure by sheriff of 287 Leave to amend, application for 255 issue execution in certain cases 285 Legatee administration at suit of any residuary legatee of legacy charg- ed on land 228 Letters of administration, grant of to public administrator 214 contract or relation implied from (See Pleading.) Levy by sheriff 290 Lien, action for sale or redemption, default of appearance in 239 Limitations, statutes, of not to act in favor of trustee 211 Liquidators, accounts of, passing 299 Loss of negotiable instrument 244 defence excluded when indemnity offered 244 Lost writ, copy may be sealed in lieu of 219 Lunatics admissions in pleadings, none by want of denial 242 appearance, default in, by 237 commissioner to take evidence 327 examination of 327 guardianship and disposition of estates of 211 guardian, appointment of 327 removal of 329 security by 328 inventory by 328 verification of 328 bond by 329 inquiry by judge 328 jurisdiction of court regarding 211 meaning of term 208 proceedings as to, to be commenced by petition 327 costs of 327 intituling 329 service on, under 327 public administrator may be guardian 339 remimeration to guardian 329 service of writ of summons on '. 221 Maintenance of infants 322 Malice, allegation of (See Pleading.) Manager included in term receiver 207 Mandamus 298 claim for 298 interlocutory application for 296 1298 1905 INDEX 81 The figures refer to the foot paging. JUDICATURE— CowimMcd. Mandamus, judgment for 298 enforcement of 298 protection of person acting under 298 time for performance of duty commanded 298 writ not to be issued 298 Marking amended pleadings 255 Marriage action not to abate on 233 Material fact, omission to prove at trial 269 Matter, meaning of term 207 unnecessary, scandalous or embarrassing, pleading 244 Matters, arising pending the action 248 defence or reply to set off or counterclaim 248 ground of, further answer may be served 248 confession of 248 in controversy, final determination 190 Memorandimi to be endorsed on copy of judgment served 281 Merchants, judge may obtain assistance of 315 Merger, none in law where not in eqmty 211 Mesne profits, claim for .... (See Default in Appearance (judgment).) Minor (See Infants.) may sue for wages 213 Misjoinder 225 not to defeat cause 226 Miscellaneous provisions 324 Mistakes in judgments or orders, correction of 255 Moneys in court (See Funds in Coiirt.) seizure of, by sheriff 287 Mortgage action on, claiming foreclosure, sale or redemption, default of. appearance 239 originating summons for sale, foreclosure, redemption or pos- session 308 seizure of by sheriff 287 Mortgagor in possession, rights of 211 Mother (See Infants.) Motions and apphcations 309 adjournment of hearing 310 where persons not served 310 affidavits, to be served, when 310 appeal or new trial for, how brought 317 before appearance 310 chamber motion, etc., to be by summons 309 court motions, etc., to be by notice 309 dismissal where parties not served 310 ex parte, when authorized ■ ■ • _ 309 orders may be made to avoid irreparable mischief 309 setting aside or varying 309 affidavits, use of, in 278 grounds to be stated in certain oases 309 iudement for „ ■ i ■ ■, ; •' ^ (See Judgment.) notice of 309 length of 310 service before appearance ^|u on nonappearing defendant 310 cases in which, need not be drawn up 311 notice of in such case 311 date of ■.• • j oin preUminary questions may be decided '^iu sheriff, notice to return writ, etc ^[U effectof 311 Multiphcity of proceedings to be avoided ^^^ Names of partners, disclosure of ;^^° Neglect to set down for trial after order made ^o^ New trial to be granted when V ;.' ' J ■•■ ■ ^ ' 1 oil Neglected property of deceased, protection of by pubhc admimstrator . . 214 1299 orders . 82 INDEX 1905 The figures refer to the foot paging. JUDICATURE— Coniinwed. Negotiable instruments, loss of, defence excluded when indemnity given. 244 Next of kin administration action by 228, 313 advertisement for claims by 315 originating summons by 313 representation of unascertained 228 Noncompliance, effect of 324 (See Irregularity.) Nonjoinder of parties not to defeat cause 226 Not guilty by statute, defence of 242 other defences excluded unless leave granted 242 Notices of action against public officers of admissions of facts 260 to admit documents 263 appeal, of motion to 317 of questions involving validity of Ordinances, to be given Attor- ney General 231 judgment of, to be given when 229 indorsement on 229 form of 230 motion for judgment of 280 pleaded, how to be 243 produce to 259 comprising unnecessary documents, costs of 264 sheriff's sale of 287 taxation and costs (See Costs.) third party (See Third Party.) trial of 253 of change of advocate 220 to be given where payment before delivery of defence 244 use, to, affidavits or depositions at trial 274 Numbering directions as to account or inquiry 265 Oath 273 includes affirmation 208 Objections to production of documents to be specified in affidavit 256 by witness to questions 260 Officer examining (See Discovery.) Official guardian (See Public Administrator.) Order of Court not invalid as against purchaser, etc 212 Orders, administration 229 service on persons not parties 229 amendment of errors in 255 carry on proceedings on change of parties, service of 234 apphcation to discharge 234 clerk to enter and record 213, 281 consent, appeal from 317 correction of mistakes in 255 date of 311 drawing up, not required when 311 notice of 311 enforceable like judgments 285 entry of 281 errors in 255 includes rule 208 indorsement, copy of, for service 281 mandatory, carried out at expense of disobedient party 286 mistakes in, correction of 255 notice of, where not drawn up 311 service of 224 substitutional 224 setting aside or varying 316 vesting, court may make 209 Ordinances validity questions in action, notice to be given Attorney Gen- eral 231 Originating summons administration of estate of deceased and of trust, for ac- counts, concerning 313 1300 1905 INDEX 83 The figures refer to the foot paging. JUDICATURE— Conimwed. Originating, appUcation for, to be supported by affidavit 311 appearance to 3j2 judgment upon 312 appointment of new trustees 315 chambers summons, service of 312 dehvery of possession, for 308 determination of matters relating to express trusts and ad- ministration 313 equitable execution for 266 evidence on 314 exclusion of claimant failing to prove 315 executors, apphcations by 313 ex parte on nonappearance of party 312 experts judge may obtain assistance of 315 foreclosure for 308 form 312 fraudulent transfers, for inquiry into 266 guardian ad litem, for 316 hearing of may be advertised 314 interference with discretion of trustee for 314 issue of 312 judgment upon 312 special directions regarding 312 jurisdiction of judge in chambers 313 landlord, proceedings by 311 meaning of 207 mortgages respecting 308 nonappearancce of party 312, 313 nondisposal of, on return, further attendance 313 notice, newspaper 314 to prove claims under 316 orders, varying and setting aside 316 possession, recovery of, by landlord for 311 mortgagor or mortgagee for 308 powers of court if accounts not rendered 315 proceedings which may be commenced by 311 ex parte 312 reconsideration of 312 public administrator, by 338 reconsideration of ex parte proceedings 312 costs of 312 reconveyance, for 308 redemption for 308 ret\im of, time for 312 sale under mortgage, for 308 of trust property 316 sealed, to be 312 service of, manner 312, 314 of chamber summons 312 stay of proceedings, for 314 time for return of 312 trustees application by, for direction of court 316 trusts, in matters, affecting 313 vesting order, for 315 Outstanding estate, inquiry as to 265 Paragraphs, pleadings to be divided into 241 Partial defence only 251 Particulars ordering ■ 242 order not to operate as stay or extend time 242 Parties absent, representation of 228 action not defeated for want of 226 adding 226 application for 226 by judge at any time 226 change of interest, on 234 defendant 226 1301 84 INDEX 1905 The figures refer to the foot paging JUDICATURE— ConiiriMed. Parties, adding, plaintiff 226 service on 226 administration actions, to 228 to be served with notice of judgment. . . 229 administrators may represent estate or beneficiaries 226 amendment as to 226 appearance by persons not 236 bills of exchange, to actions on 225 cestuis que trustent, one of, may have decree for execution of trusts 228 represented by trustees 226 capacity of, change of 233 change of (See Change of Parties.) class represented by some members 226 trustees 226 costs, by reason of misjoined plaintiff 224 counterclaim not affected by misjoinder of plaintiff 225 death of 233 deceased, representation of 230 defendant adding 226 alternative claims against 224 claiming contributions against third party 232 jointly and severally liable 225 need not be interested in all relief claimed 225 representative capacity of, statement of claim to show . 226 who may be joined as 225 doubt as to 225 examination of, for discovery (See Discovery.) executors and administrators representing estate or beneficiaries 226 heir at law not necessary party to action to execute trusts of will 228 infants (See Infants.) joinder of, as plaintiffs 224 severally or jointly and severally liable on same con- tract 225 two or more defendants when plaintiff in doubt 225 joint claims by 235 in action for recovery of land 236 leave to defend, by 236 legal personal representative, where no 230 legatees, to admmister actions by 228 lunatics, as (See Lunatics.) marriage of 233 meaning of 207 misjoinder 207 effect of, on counterclaim 225 not to defeat cause 226 motion to add, strike out or substitute 226 next of kin as, may have judgment for administration 228 nonjoinder, effect of 226 numerous, having same interest 226 partners (See Partners.) persons liable on the same contract 225 suing on behalf of class 226 not parties how far bound 229 served with notice of judgment, to be 229 plaintiff, adding and substituting 226 counterclaim where misjoinder 225 death, marriage or insolvency of 233 doubt of, as to parties 225 joint claims by several 224 misjoinder of plaintiff 225 mistake as to 225 who may be joined as 224 protection of property, actions for 229, 336 representation, numerous parties, in case of 226 representative, legal, where no 230 of heir, next of kin or class 228 1302 1905 INDEX 85 The figures refer to the foot paging. JUDICATURE— Corefmwed. Parties, representative, plaintiff in actions to prevent waste, etc 229 trustees may sue or be sued as 226 residuary legatee may have judgment for administration 228 service on added 226 striking out and adding 226 application for 226 by court or judge 226 substitution of 226 suits by some on behalf of others 226 to prevent waste 229 third, rules as to (See Third Party.) trustees as 226 trusts, to actions for execution of 228 unascertained, representation of 228 want of, cause not defeated for 226 waste, in action for 229 wUl, execution of trusts of, in 230 wrong plaintiff 225 Partition action for, default of appearance 239 proceedings where ordered 308 Partners 226 appearance by, individually where sued as firm 227 person ha'v'ing control of business but not a . . . 228 under protest by person served as 228 disclosure of names of 226 application for 226, 227 demand for 227 stay in default of 227 execution against 283, 284 leave for when required 285 firm, person trading as 221, 226 firm name, may sue or be sued in 226 judgment against firm, effect of .■••.••.• 283, 284 as against partner out of jurisdic- tion 284 names of, to be given, when 226 effect when, furnished 227 service of writ on 227 mode of 227 notice of, in what capacity 227 where partnership dissolved 227 Part performance of obligations, when satisfaction 212 Party, defined • ■■ ■ .- ^"° employment of advocate by, after proceedmg m person 22U and party, taxation ^^2 Payment into court • ■ z^f. acceptance of sums paid m before defence ;^™ notice of ^^° time for 24b action, tender of, before 244 admissions by 244. amount in dispute, of • appropriation, on ... '^^^' .° consolidated actions, in ;.' ■ 1- ' ' j o/ia conversion of securities, notice of application tor ^^o costs after oaa counterclaim, in answer to debt or damages, in actions for . ^^ defence, to be signified in .... defendant may make, before defence ^J^ notice of ^J2 after defence 244 with defence 244 denial of liability with 247 deposit in bank .• 047 disposition of moneys or securities ^|^ dispute, of amount in 247 infant, money awarded to 1303 86 INDEX 1905 The figures refer to the foot paging. JUDICATURE— Conimwed. Payment, investment on 247 jury not to be informed of 247 libel action, none if liability denied 244 notice of 245 originating summons for 314 persons under disability, moneys recovered by 247 plaintiff may make, as answer to counterclaim 246 not accepting 246 pleading 244 proceeding with suit 246 refusal of amount paid in 246 satisfaction of claim, in 244 counterclaim 246 acceptance of, in action 246 form of 246 slander, in actions for 244 tender, with defence of 244 before action 244 time for 244 out of court 245, 246 acceptance by plaintiff of sum paid in, on 245 notice of 245 form of 245 cheques to be initialled by judge 247, 248 defendant's liability not denied, where 245 denial of liability, where 245 disabihty to persons under 247 disposition of moneys or securities 247 money recovered by infant 247 notice 245 order for, when required 246, 247 to person under disability 247 payment into court before defence, of 245 plaintiff's request in certain cases, on 245 stay of proceedings on acceptance 245 tender set up, where 245 unsound mind, money recovered by person of, of 247 Payment by sheriff of moneys reaUzed under execution 288 Penalties noncompliance with order for inspection or discovery of docu- ments 258 nonattendance on examination 260 Performance of obligations, part when satisfaction 212 speciific, damages may be given in lieu of or in addition to 212 Perishable articles, seizure of by sheriff 287 Perpetuating testimony 275 Person meaning of 208 of unsound mind (See Lunatic.) Petitioner, defined 207 Place of examination for discovery (See Discovery.) Plaintiff (See Parties.) adding 226 address to be given on writ 219 advocate of, to certify change of interest in cause 235 claiming jointly, severally or in the alternative 224 death, marriage or insolvency 233 of sole 235 equitable claims by 210 may not serve writ 220 meaning of 207 nonappearance of, at trial 268 not to be delayed by questions between defendants 233 representative capacity of, statement of claim to show 226 striking out or substituting 226 who may be joined as 224 Pleading admission in (See Admissions.) allegations of fact in, each party to deal specifically with. . . . 242 not denied, admitted 242 1304 1905 INDEX 87 The figures refer to the foot paging. JUDICATURE— Conimued. Pleading, alternative contracts 243 amend, applications for leave to 255 amended, delivery of 255 amendment of ■.■.■■'.'.■. (See ' Amendment.) close of _ ' 250 condition precedent, performance of 242 constitutional questions, raising 231 contents of 241 242 contract, alternative ...'....'..'." ' 243 implied with letters '....'. 243 bare denial of, how construed 243 conversations 243 counterclaim (See Counterclaim.) reply to 242 damages, allegations affecting 243 dates, etc., in 241 default of (See Default of Pleading.) delaying matter in 244 delivery of, amended 255 at address for service 219 236 enlargement of time for ' 326 vacation in 326 where no address for service 219, 236 denial of allegations of fact to be specific :....' 242 contract, of 243 evasive, must not be 243 general, not sufficient 242 point of substance 243 departure not allowable 242 disclosing no cause of action or answer 249 documents, effect only of, to be stated in 243 embarrassing matter in (See Striking Out.) enlargement of time for 326 evidence, not to be stated 241 facts relied on must be set out in 241 figures to be used in 241 filing, vacation excluded from time for 326 form, no technical objection for want of 244 fraudulent intention 243 further particulars may be ordered 242 grounds of defence or reply to be in 242 implied contract or relation 243 improper, costs of may be disallowed 244 inconsistent, not to be 242 instrument, negotiable, loss of 244 knowledge 243 law, presumption of 244 raising points of 248 letters, contract or relation implied from 243 loss of negotiable instrument 244 mahce, fraud, knowledge, etc 243 material facts, to state 241 matters arising pending the action 248 meaning of term 208 mind, condition of 243 negotiable instrument, loss of 244 new ground of claim 242 matter arising after action brought 248 not guilty by statute, plea of 242 notice as a fact 243 numbers in 241 Ordinances, questioning validity of, to be served on Attorney General 231 paragraphs, to be divided into 241 particulars may be ordered 242 payment into court with defence . . 244 point of law, raising 248 substance in 243 1305 88 INDEX 1905 The figures refer to the foot paging. JUDICATURE— Conimwed. ^ Pleading, posting when no address for service 219, 236 prejudice, matters of, in 244 presumptions of law 244 printed or written, may be 244 raising points of law 248 relation, implied 243 reply : 249 (See Reply.) by leave, subsequent to , 249 time for 249 to counterclaim, in 242 scandal in (See Striking Out.) set off (See Set Off.) specific denial in, when required 242 statute, not guilty by, plea of 242 striking out (See Striking Out.) when no ground of action 249 subsequent to reply 249 substance, point of, to be answered by, and not evaded 243 technical objection to 244 tender 244 time for, application for. . . .- 325, 326 computation of 325 in vacation 326 subsequent to reply 249 unnecessary matter in 244 costs of 244 vacation, not necessary in 326 written or printed, may be 244 Pluries writs 325 Points of law, raising, in pleadings '. 248 disposing of action, judgment where , 249 Possession mortgagor may sue for in own name. .'. 211 originating summons for, under mortgage 308 Post dating judgment .' 281 Postponement of trial 269 Poundage sheriff may levy for 290 amount chargeable in certain cases 290 Practice and procedure 216, 217 of England when applicable 208, 216 rules of, judges iriay frame.. 216 Praecipe, writ to be issued on in certain cases.. 217 Praecipe for execution 284 Precedent, condition, to be specified in pleadings 242 Prerogative mandamus, provision for 298 Preservation of property, interim 296, 297 Presumpton of law in pleadings 244 Printed or written pleadings, may be 244 Probate and admimstration (See Administration.) accounts of administration to be filed , 338 ancillary; grant of 335 security on application for 336 application for 335 district in which to be made 335 to pass accounts 338 citations, summons and notices ^ :......... 336 creditors, and others, order to send in claims ....'. 336 Probate, creditors and others, verification of claims 337 securities to be valued 337 negotiable instrunients 337 omission to value 337 directions of citations, summonses, etc 336 executors and administrators, remuneration of 320,339 judicial district in which to be granted '. 335 personal representative, appointment of other person instead of 335 public adnunistrator, appointment of in place, of personal repre- sentative 335 (See Public Administrator.) 1306 1905 INDEX 89 The figures refer to the foot paging. JUDICATURE— Coniiwed. Probate, public administrator, proceedings by 338 representation of estate pending grant 336 security by administrators 335 proceedings on 335 Territorial effect of grant of. • 335 waste, proceedings to restrain pending grant 336 Process issuer appointment of (See Clerks and Deputy Clerks.) when included in "clerk" 208 Proceedings, multiplicity of, to be avoided 211 for order of administration 229 accoijjit, taking, expediting, in case of delay 265 copy of to be supplied examiner 271 garnishee (See Attachment of Debts.) Produce, notice to, on examination 259 Production of documents 256, 269, 260 objection to 256 of writ where lost 219 of vouchers on taking account 265 (See Documents, Production of.) Profits, mesne, actions for default in pleadings in 251 Promissory note joinder of parties to, as defendants 225 loss of, no defence where indemnity offered 244 Property, preservation, interim 214 mfants (See Infants.) protection of, representative action for 229 recovery of, unlawfully retained 302 Prosecution, dismissal for want of 252 Provision for establishing new districts 209 Public administrator and official guardian , 214 administration, grant of to (See Administration.) revoking 210 may be required to apply for 216 costs m such case 215 administrator ad litem 336 appointment of 214 costs and compensation to 339 Duties of 214, 215 as. to taking possession of estates .' 214 applications for administration 215 emoluments, annual statement of 216 guardian, ad litem 338 infants, actions against, service on 338 intestacy, to act in certain cases of, without letters 215 originating summons by, as creditor 338 protection of neglected property by 214 qualifications of 214 remuneration of 339 security by 214 proceedings on bond 216 security by, in special cases 216 yearly statement of emoluments 216 officers •.•■.■■■. actions against, limitation 324 notice of 324 venue in 324 Purchaser ,' ■ ' orders of court not invalid against for want of notice, etc. . . . 212 Questions constitutional, involving validity of Ordinances 231 objections to by witness 260 irrelevant or vexatious at trial 269 Raising points of law in pleadings 248 accounts of, books to be deposited 299 passing 299 allowance to 299 balances, payment of. . 299 neglect of 299 1307 90 INDEX 1905 The figures refer to the foot paging. JUDICATURE— Coraiinued. 1^ Receiver, default by, in accounting, etc 299 filing and passing accounts 299 interim, appointment of, where inquiry into fraudulent trans- fers 267 interlocutory application for 212 meaning of 207 neglect of 299 salary of 299 security by 299 Redemption, equity of, seizure of, by sheriff 287 Records, certified copies admissible in evidence 270 Recovery of land -• (See Land.) Refusal by plaintiff of sum paid into court (See Payment.) of party to attend or answer on examination 260 Relief, defendant need not be interested in all claimed 225 Renewal of writ (See Writ.) execution (See Execution.) Replevin 302 (See Pleading.) affidavit for 302 bond to be taken 303 assignment of 303 form of 303 defendant's rights, on 303 concealment of property 303 court, property in custody of 302 issue of writ, when authorized 302 recovery of goods unlawfully detained 302 return of property, on security being furnished 303 assignment of security in such case 303 by sheriff, to writ 303 service of writ 303 writ, form of 302 Reply (See Pleading.) close of pleadings, on default in delivery of 250 counterclaim to 242 default of reply, effect 249 denials in, must be specific 242 further, no matter arising pending action 248 joinder of issue, by 249 matter arising pending action, of 248 omission of, effect 249 pleading, rules of 249 subsequently to 249 pleading, time for 249 enlargement of 326, 249 to counterclaim, arisen after action 248 pleading subsequent to 249 Report, special, by examiner of witness in case 273 Reporters, shorthand, at trial 274 Representative capacity of plaintiff or defendant, statement of elaiiii to show 226 heir at law, of 228 next of kin, of 228 numerous persons or class of . 226 Reserving discovery or inspection of documents until question determined 257 Residuary devisee or heir, administrator at suit of 228 originating summons by 313 legatee or next of kin, administration at suit of 228 originating summons by 313 Return of writ, time for 217 Return of depositions 273 Review of taxation 323 Rights of action of mortgagor in possession 211 Rules of court 216 of England to be followed 216 existing, continued 216 1308 1905 INDEX 91 The figures refer to the foot paging. JUDICATURE— ConHnwed. Rules, judges may prescribe 216 meaning of 208 of equity to prevail 213 Rules of law 210, 211 Sale action fov, default of appearance 239 jud^ent for, notice to persons interested but not parties 229 originating summons for, under mortgage 308 procedure where ordered by court 308 goods, order for 296 Sales of land by order of court 307 approval of judge to be had 308 conveyance, parties to 308 evidence 309 modes of carrying out when ordered by court 308 mortgage, proceedings where, ordered 308 mortgagees may be required to produce books 309 order for 308 parties bound by 308 special directions may be given 309 Scientific persons judge may obtain assistance of 315 Satisfaction, when part performance a, of contract 212 of judgment 282 Scandalous matter m pleading 244 affidavit 277, 278 Schedule 344 Security by public administrator 214 costs of, summons for 321 Securities, application for conversion of 248 Seizure by sheriff 287 Service admission and acceptances by advocates 224 address for, plaintiff to give 219 service if omitted 219 defendant not appeared, on 236 notice of judgment in administration 229, 230 order to carry on proceedings on change of parties 234, 224 order of inspection of documents, of 258 pleadings, proceedings, etc 224 substitutionally 224 posting in clerk's office, by 236 time, for, provisions as to 325 of writ of summons 220 affidavit of, writ and claim to be marked as exhibits to 222 agent, on, of defendant out of territories 220 corporations, on 220 defendant whereabouts unknown 223, 224 added on 226 absent, on representative 220 fees for, to whom allowed 220 firm, defendant carrying on business as 221 husband and wife defendants 221 indorsement of service uimecessary 222 infant defendant •. 221 land, in action to recover, where vacant possession 221 lunatic or person of unsound mind 221 original served in mistake 221 partners, on. ■ • 221 notice of capacity m which served ■. ^^^ dissolution, after ..:•■;,■ ; (See Partners.) personal 220 plaintiff may not effect • ^^" several defendants, some not served, procedure MV who may effect 220 out of the jurisdiction ^^^ application for leave for ^^^ cases in which allowed "'^■^ 1309 92 INDEX 1905 The figures refer to the foot paging. JUDICATURE— Continued. Service, concurrent writ for 218 defendant's whereabouts unknown, order for, may be dispensed with 224 order for, to limit time for appearance 223 Service out of the jurisdiction partner not necessary on, where firm served within jurisdiction. 227 substitutional service may be allowed 221 Set off (See Counterclaim.) Setting aside judgment, application for 279 by default 2.38, 269 service of writ 2.37 order for 237 writ of summons for irregularity 237 Setting down for trial (See Trial.) motion for judgment after issue tried 279, 280 time for 280 Sheriff, enforcing return by directions to, on writ of execution 285 fees of 322 meaning of 208 sale by, notice of 287 perishable articles 287 payment by, of moneys realized 288 interest, poundage and expenses to be levied . . .• 290 seizure and sale by, of equity of redemption and leasehold inter- ests 287 of money, bank notes, cheques 287 of mortgage 287 notice of to registrar 287 charges of 290, 291 Shorthand report of depositions 261 reporters at trial 274 Short title of Ordinance 207 Signing judgment on default of pleading 250 Sittings of court adjournment of 325 duties of clerk 325 court en banc 317 court en bunc, of 317 single judge, of 209 Small debt procedure 340 action, entry of 340 setting down 342 address of parties -340 advocates' fees 343 application for postponement or change of plac« of trial .... 344 claims for debt under $100 340 particulars of 340 clerks fees 343 dispute, plaintiff to be notified of 341 notice of 342 striking out 342 evidence by commissioner, costs of 344 general procedure, application of 344 mdorsement of process unnecessary 344 interpreter's fees 343 informalities not to avoid 344 issue of summons 340 jxidgment by default 341 setting aside 341 particulars of claim 340 praecipe unnecessary 344 service of notices, etc - 342 out of jurisdiction, order for, when not necessary. . . . 341 set off or counterclaim 342 sheriff's fees 343 striking out dispute note 342 summons, issue of 340 1310 1905 INDEX 93 The figures refer to the foot paging. JUDICATURE— Coniinwed. Small debt summons, delivery of , 340 return to clerk after service 341 suit erroneously brought in general procedure, coats 343 time for dispute ' 341 trial, setting down for 342 notice of . ., 342 representation of parties at - 342 trial, place of, application to charge 342 postponement, application for 342 witness fees 343 Solicitor and client, taxation of costs of unnecessary proceedings taken at client's request 322 Special case 267 agreement to pay money according to judgment on 268 cause of matter in any 267 consent by 267 contents of 267 costs of 268 court may draw inferences on. 267 disability of parties in : , . 268 documents referred to in 267 entry of judgment on, for agreed sum 268 evidence on, where parties under disability 268 inferences of fact or law may be drawn on 267 in interpleader. 306 judgment on, agreernent for 268 execution on 268 order of court by 267 paragraphs, division into 267 parties to 267 setting down of, where parties under disability 268 trial of preliminary question of law by 267, 268 Special report of examiner (See Discovery.) Specific performance .' damages or other relief may be given in lieu of or in addition to 212 chattel, claimed under lien, order for delivery of 297 Statement of claim 217 (See Pleading.) amendment of 254, 256 causes of action, joinder 235 claim for mandamus to be included in 298 copy to be attached to writ 217 filing on issue of writ 217 further and better 242 pleading rules of 241, 244 representative capacity of parties to shown 226 striking out ,. 2^4, 249 Statute, not guilty by, plea of 242 Stay of action or proceedings _ advocate repudiating issue of writ 219 appeal, pending 319 execution • ■■ 286 interpleader in case of 306 partners, nondisclosure of names, on .,...■ ■• , •■ ■ 227 subsequent action, of, pending payment of costs 254 trustees, executors, etc., applications by . . 314 Stipulations in contracts as to time, construction of 212 Striking off roll, motion for, requirements 309 Striking out • • • ; appearance (See Summary Judgment.) counterclaim 241 parties 226, 238 pleading, disclosing no cause of action or answer. 249 embarrassing, prejudice, scandalous or unnecessary 249 Subpoena :■••.•••: 9=0 for examination in cause ^•'<> disobedience of witness 272 for cross-examination on affidavit 273 for proceedings in chambers 275 service of ...... ' " i3ii 94 INDEX 1905 The figures refer to the foot paging. JUDICATURE— Cowimwed. Subsequent action, discontinuance of action no defence to 253 use of evidence at trial 274 Substitutional service pleadings and suit proceedings, of 224 writ of summons 223 defendant's whereabouts unknown 223 entry of judgment, where served substitutionally proof of claim 224 jurisaiction, out of 222 land, action for recovery, vacant possession 221 personal service impossible 221 Successors in interest adding parties 233 Suits, in firm name 226 entry and trial of, district for 208 by one person on behalf of class 226 Summary inquiries into fraudulent transfers (See Inquiries.) Summary judgment appearance, striking out 240 application for, where liquidated demand 240 admission by defendant of whole or part 241 affidavit in support of 240 to be served 240 cause, showing, by affidavit 240 bringing in amount claimed . 240 conditional leave to defend on 240 cross-examination on affidavit 240 order for 240 defence not shown, judgment given 240 defendants, one may be allowed to defend judgment against other 241 documents, production of , on 240 leave to defend 241 summons, by 240 service of 240 time for 240 unliquidated demand included 240 leave to defend 241 conditional 241 order for, where no cause shown 240, 241 part of claim, for 240 Summons (See Originating Summons.) security of costs for (See Costs.) Supreme Court of Judicature in England, practice in, when to be follow- ed 216 Surcharge on taking account 266 Tariff (See Costs.) Taxation of costs (See Costs.) sheriffs in regard to levy 291 Taxing officer, duty of, in cases of sheriff's costs 291 Tenant for life, equitable waste, not to commit 211 Tender of payment (See Payment.) Testimony, perpetuating 275 Third party adding. 231 admission by nonappearance 231 appearance by 231 time for 231 default of 231 leave for, after default _ 232 costs, generally 233 defendant claiming against co-defendants may adopt pro- cedure 233 directions as to trial 233 application for 232 general may be given 232 ; prevention of delay to plaintiff 233 , r execution against, where judgment by default of appearance 232 1312 1905 INDEX 95 The figures refer to the foot paging. JUDICATURE— Conimued. Third party, judgment against 232 default of appearance, on 232 setting aside 232 between defendant and 232 liberty to, to defend action or appear at trial 232, 233 notice to, application for 231 time for 231 filing of 231 service of 231 time for 233 contents of 231 writ to be served with 231 plaintiff not to be prejudiced or delayed by 233 trial of liabiUty, directions as to 232, 233 Time act, for doing any, must be stated in judgment 281 abridgment of 326 affidavits, filing 278 appearance to writ of summons, for 217 may be shortened 218 for service ex juris 218 clear days, how reckoned 325 contracts, in 212 enlargement of '. 325 examination for discovery, for 258 expiry on holiday 325 issue of execution, for 285 reply for 249 return of writ 217, 218 service of papers, for 325 six days, where less than 325 Transfers, fraudulent, summary inquiry into 266 Trespass injunction to prevent 211 mortgagor may sue for in his own name 211 Trial (See Evidence.) adjournment of, terms 269 cross-examination, disallowing questions in 269 defendant appearing, plaintiff not 268 default, judgment by, setting aside 269 district for 208 examination for discovery before 258 judicial district, in which 208 judgment by default at, setting aside 268 delivery of, at or after trial 269 motion for, not necessary 269 jury in certain cases 252 costs of 253 order for 253 verdict to be unanimous 253 neglect to set down pursuant to order 252 new, motion for judgment on 280 notice of 253 omission to pro.ve material fact at 269 plaintiff appearing, defendant not 268 postponement of trial, terms 269 questions on cross-examination 269 separate, of different causes of action 235 setting cause down for 252 ': application for ; 252 dismissal for want of prosecution 252 jury trial 252 neglect as to after order made 252 speeches to jury, regulated 269 third party, habihty of _ 232 withdrawal of cause 253, 254 : Trustees (See Parties.) actions by or against as representing estate, etc 226 application by, for opinion and direction of coi^t 316 1313 96 INDEX 1905 The figures refer to the foot paging. JUDICATURE— CowiinMed. Trustees, application by, for administration : 229 claim against on express trust not barred by statute 211 costs of, provisions as to 320 exoneration of 316 fraud and concealment by 316 judgment for execution of trusts- at suit of. 229 originating summons by, for determination of questions 313 stay of actions on application of 314 Trust administration and execution of 228 appearance at chambers in respect of creditors' claims 230 determination of right of unascertained heirs, next of kin or class 228 executor, administrator, trustee may have order for administration 229 conduct of proceedings 229 costs 229 judgment or orders 229 notice of may be served on persons not parties but interested 229 appearance by person served 229 entry of service to be made 229 indorsement of service on notice. 229 legal representative, where no, court may dispense with or appoint, 230 right of residuary legatee and next of kin 228 person interested in proceeds of land 228 residuary devisees or heirs 228 cestuis que trustent 228 protection of property 229 service on persons not parties but interested 229 under disability 230 will, execution of trusts of ........ 230 parties 230 express, action by c. q. t. not barred by Statute of limitations. ... 211 heir not necessary party to action for execution of 230 judgment for execution of 229 originating summons in matters relating to . : 313 representation of parties in action for execution of 230 United causes of action 235 unnecessary matter, pleading 244 Unsound mind, person of (See Lunatic.) Vacant possession, service where, in action to recover land 221 Vacation 326 contested business excluded in ..... ' 326 default judgment 326 ex parte proceedings 326 office hours of clerk in 213 motion to set down may be heard in 326 period of ; '.■ ; . ; 326 pleading in, extension of time 326 rules as to 326 staying proceedings ■...■..■'......... 326 taxation of costs in ...;... .'...' 326 Verification of accounts taken by direction of Court 266 Vesting orders ^. . . , . jurisdiction of court to make . . . ^ . ...... 209 mortgage proceedings, in 308 Vexatious action or defence, striking out 249 Viva voce, examination of witnesses to be, unless otherwise agreed 276 Vouchers, production of, on taking account ., 265 Wages '.'. .' minors may sue for '.". 213 Want of form of pleading no technical objection , . . 244 Warrant for arrest of witness disobeying subpoena 272 Waste , , , actions, to prevent ., 211 1314 1905 INDEX 97 The figures refer to the foot paging. JUDICATURE— ConiOT'ued. Waste, equitable, tenant for life not to commit 211 injunction to prevent 211 WiU, execution of trusts of 230 Withdrawal of part of claim after defence 253 of defence by defendant with leave 253 of admission of fact 263 Witnesses, examination of 270 271 to perpetuating testimony 275 fees of (See Costs.) Writs. . . _. alias or pluries 325 attachment of goods (See Attachment of Goods.) execution (See Execution.) garmshee (See Attachment of Debts.) replevin (See Replevin.) Writ of summons action to commence by 217 appearance to, time for 217 may be shortened 218 where service is ex juris 223 clerk to issue on personal application 213 concurrent 218 form and issue 218 marked "concurrent" 218 renewal of 218 service out of jurisdiction, for 218 in other judicial districts, for 218 return of, time for 218 may be shortened 218 concurrent, service of original, instead of 222 copy for service, claim to be attached to 217 date of issue to appear on writ 217 duration of 218 filing before judgment by default of appearance 237 indorsement 219 address of plaintitf and advocate 219 for service of plaintiff 219 omission to supply 219 disclosure by advocate whose name is indorsed 219 occupation of plaintiff suing in person 219 residence of plaintiff suing in person 219 service of, date of, unnecessarry 222 issue of 217 praecipe to be filed 217 contents of 217 statement of claim to be filed on 217 lost, where, copy may be sealed in lieu of. 219 onginal served in mistake, dispensing with production 222 renewal of, appEcation for 218 duration and effect of renewed writ 218 evidence of 219 return of, time for 217 may be shortened 218 where for service ex juris 223 service 220 by whom 220 fees 220 manner of , 220 corporation 220 defendant carrjdng on business in firm name 221 husband and wife 221 infant defendant 221 lunatic 221 partnership 221 personal 220 representative of absent defendant 220 where for recovery of land 221 service, substitutional 221 of original instead of copy 222 1315 98 INDEX 1905 The figures refer to the foot paging. JUDICATURE— Continued. Writ, service of original, dispensing with production if 222 indorsement of, unnecessary 222 out of jurisdiction 222 apphcation for leave 223 appearance, time for 223 substitutional 223 where defendant's whereabouts \m- known 223 judgment by default 224 proof of claim first 224 Written or printed, pleadings may be 244 JURIES. Additions to jury list, remuneration to sheriff '. 385 Appointment for striking panel 383 Cards, names of persons simimoned to be written on 384 Called to act on jury not to be, more than once in two years ; . . . 382 Challenges 383 Civil cases issue of precept in 383 Clerk of Court, to be furnished jury list by sheriff 382 Commencement of Ordinance 385 Criminal matters special list to be prepared by clerk 383 constitution of panel- 383 Costs of special jury to be paid by party applying for 385 not to exceed costs of common jury 385 Enforcement of penalty for omission to obey jury summons 384 Forms ; 385, 386 Juror, qualification for 382 exempted persons shall not be called more than once in two years : . . . . 382 selection of Jury, list to be furnished clerk by sheriff 382 summoning 384 special, constitution of 384 costs of 385 addition to, remuneration for 385 List to be furnished clerk by sheriff 382 special, to be prepared by clerk 382 to contain 24 names 383 additions to, remuneration to sheriff for 385 Names on special list 383 of jurors to be written on separate cards 384 Omission to obey summons 384 penalty 384 enforcement of 384 Ordinance, commencement of 385 Precept to svmimon jury 383 in civil case to issue to party 383 in criminal cases to sheriff 383 ■ Panel, constitution of 383 striking, appointment and notice 383 Persons exempt from acting on jury 382 Qualifications for juror 382 Remuneration to sheriff for additions to jury list 385 Return of precept by sheriff 384 Schedule 385 ^Selection of jurors 384 Sheriff to furnish jury list to clerk of court 382 remuneration to, for additions to jury list 385 precept to be issued to 383 return of by 384 Special list to be prepared by clerk 382 contain 24 names 383 jury, constitution 384 costs of, to be paid by party applying for 385 on taxation allowance not to exceed costs of common jury 385 Striking panel, appointment and notice 383 Simimoning jury 384 loio 1905 INDEX 99 The figures refer to the foot paging. JVRIES— Continued. Summons, omissions to obey 3g4 penalty ][\ 334 enforcement of 384 JUSTICES OF THE PEACE. Interpretation of term g Jurisdiction, local g Ordinance respecting 39Q (See Magistrates.) LAND HELD BY TWO OR MORE PARTIES. Tenancy in common unless contrary intention evidenced 407 LAND HELD IN TRUST FOR RELIGIOUS SOCIETIES. (See Religious Societies.) LANDLORD AND TENANT, OVERHOLDING TENANT. 311 (See Distress fob Rent.) LAW SOCIETY (See Legal Propession.) LEGAL PROFESSION. Advocates, admission and enrolment of 478 benchers may make rules for 453 in special cases 479 assisting unauthorized persons to practice 485 bill of costs of (See Bill of Costs.) falsely holding out as 488 nonresident 486 oath of 480 ofiicers of court, to be 485 persons entitled to practise and be enrolled as 479 reinstatement of 487 notice of application for 487 roll of, to constitute roll of membership of law society 478 custody 478 suspension and disqualification of, proceedings for . . 486 notice to law society of proceedings for 486 of striking off roll of suspension 487 effect of 487 unauthorized person practising as, penalty 488 AppUcation for delivery by advocate -oi documents 490 Benchers, election of 480 declaration of 481 notice to benchers elect and publication . . 482 disputed 482 equality of votes 482 false voting 482 manner of voting 481 provision for absence of secretary 483 qualifications for election 480, 481 voting 480 regulations for may be made by benchers 482 scrutiny and count of votes 481 void notes 481 voters' list to be posted up 480 corrections by secretary 481 appeal from secretary's decision 481 voter must be on 481 voter must have paid fees 481 voting papers to be preserved 482 ex-officio 480 may institute proceedings for breach of Ordinance 488 number of 480 powers of 483 retiring, eligible for re-election 481 term of office of 480 1317 100 INDEX 1905 The figures refer to the foot paging. LEGAL FR0FES810N— Continued. Benchers, vacancy, how filled 483 Bill of costs, delivery of before action 489 order for 490 proof of 490 immediate action on 491 taxation of, within one month 489 after one month 489 after one year, or after judgment 489 ex parte 490 costs of 490 special directions relative to 490 order for 490 special circumstances 490 on application of person not principal 491 special circumstances 491 order for delivery of bill 491 after payment within twelve months 491 style of proceeding 491 enforcement of payment 492 re-taxation of 491 Borrowing powers of society 484 Corporate name of law society 478 Disciplinary powers of Court 485 Disposition of penalties under prosecutions 488 Disputed election of Benchers 482 Documents, application for delivery by Advocate of 490 style of proceedings 491 Examination of law students, benchers may make rules for 483 Expenditure of law society i 484 Fees for admission and enrolment and annual fees, benchers may make rules fixing 483 not to exceed SlOO 483 property of society 484 custody of 484 disbursement and appropriation of 484 Felony, striking off roll for 487 Form of voting papers 492 Funds of society 484 custody of 484 expenditure 484 regulated by benchers 484 purchase of libraries p rovided for 484 borrowing powers 484 Government of law society. Benchers to make rules and by-laws for .... 483 Incorporation of law society 478 Judges of Supreme Court to be visitors 480 Law Society, incorporation of 478 Benchers 480 funds 484 members 478 officers 483 sue and be sued, may 878 visitors 480 Libraries, purchase of, provided for 484 Member of law society 478 Number of benchers to be elected 480 Officers of law society 483 Onus of proof in prosecutions under this Ordinance 488 Penalties under prosecutions, disposition of 488 Powers, of benchers 483 borrowing, of society 484 Proceedings for breach of Ordinance may be instituted by Benchers .... 488 onus of proof in 488 "Province" includes Yukon Territory 492 Reinstatement of advocates struck off roll 487 Reporting legal decisions. Benchers may make rules for 483 Roll of advocates 478 to be kept by secretary 478 striking off, &c.. Benchers may make rules for 483 1318 1905 INDEX 101 The figures refer to the foot paging. LEGAL PROFESSION— Conimiied. Roll of advocates, striking off for misconduct 486 Rules and by-laws may be made by Benchers 483 Schedule 492 Secretary provision for absence at time of elections 483 Short title 478 Students, examination of, &c., benchers may make rules for 483 from other Provinces, benchers may give status to 489 improper conduct, powers of benchers 487 appeal from decision of benchers 488 Suspension from practice of advocate. Benchers may make rules for .... 483 Term of office of benchers 480 Unauthorized person practising 488 assisting to practise 485 Visitors of law society. Judges to be 480 Voters (See Benchers, election of.) Yukon Territory included in "Province " 492 LEGAL QUESTIONS, DECISION OF. (See Dbcision of Legal Questions.) LEGISLATIVE ASSEMBLY. ■ Absence of Speaker 16 deputy Speaker 16 member 18 Committees, attendance and examination of witnesses before ... .... 19 Deputy Speaker, absence of 16 election of 15 powers of ....,..■. 15 Election of Speaker 13 deputy Speaker .' , . . 15 Electorial districts defined Souris 19 Cannington 20 Moosomin 20 Whitewood 20 Grenfell 20 Wolseley 21 Saltcoats •...,., 21 Yorkton 22 South Qu'Appelle ... 22 North Qu'Appelle 23 South Regina 23 North Regina 23 Kinistino • ■ : ■ 23 Batoche •- •■• ■ ■'• •-■■ 24 Prince Albert 25 Saskatoon 25 Mitchell 26 Battleford • 27 Moose Jaw - ■ •. -^J^ Maple Creek 2^ Medicine Hat 27 Cardston 28 Lethbridge.,. 2° Macleod ;'" HighRivei; , 29 East Calgary. . ." ^" West Clagary. . ; i^ Banff |1 Innisfail, ; . . • '-^■: ■■ ■ ' ^^ Lacombe '^ Wetaskiwin ■: j^^ Strathcona .• • • ■■ • ■ ^5 Victoria •.-,• .■■■,•••,■•■ 't' Edmonton ■" ■ ^^ ■'" St. Albert , ■■ ■ ■ ■ '^^ 1319 102 INDEX 1905 The figures refer to the foot paging. LEGISLATIVE ASSEMBLY— Con^irewerf. Examination of witnesses, compelling attendance for 19 Executive Council, members of, appointment of 14 may change office 14 may hold office 14 Indemnity to members 18 how paid 18 for part of session 18 travelling expenses 18 declaration of amount due to be made 18 Members, accepting office, to vacate seat — 14 becoming interested in contract with government, to vacate seat 14 certain contracts excepted 15 certain officers qualified to be 14 contractor with government not to be 14 indemnity to (See Indemnity to Members.) not to hold office, etc 14 except Speaker and deputy Speaker. ... 14 number of 13 oath to be taken by 13 one of the, to be speaker 13 resignation of 16 resigning, not to be appointed to office 17 who eligible for 13 may vote for 13 Oath of members 13 witnesses 19 Penalties 15 Questions in, decision of 16 Quorum 16 Resignation of members 16 member resigning not to be appointed to office 17 not allowed during election proceedings 17 not to affect controverted election proceedings 17 Schedule of districts 19 forms Speaker, absence of 16 acts done in 16 allowance to 16 death of 13 election of 17 resignation of 17 of two members 17 to preside 14 vacancy in office of 13 vote of, when equality of votes 16 Vacancies, how occurring 16 in office of speaker 13 issue of writs to fill 17 Vacating seats in 16 Votes in 16 Witnesses, attendance and examination of before assembly or committee 19 oaths of 19 forms of speaker's warrant for attendance of 19 LIEN NOTES (See Conditional Sales of Goods.) LIENS OF MECHANICS (See Mechanics' Liens.) LIENS OF THRESHERS (See Threshers' Liens.) LIMITATION OF ACTIONS (See Actions, Limitation of.) LIQUOR LICENSE. Accommodation in hotels, requirements of 975 licensee refusing, penalty 990 .\ction (See Suit.) Advertisement of applications for license ^ r 976, 978 1320 1905 INDEX 103 The figures refer to the foot paging. LIQUOR LICENSE— ConiiwMed. Affidavits (See Evidence.) Agent, occupant hable for certain acts of 998 principal Uable for certain acts of 976, 978 Ale bottUng works, hcensing 982, 983 Annual report of Attorney General 987 Appeal from grant of Ucense 987 transfer of license 986 Apphcation of Ordinance, exceptiops from 969, 973 Application for license accommodation required in hotels, proof of 975 adjovimment of hearing 975 advertisement of 976, 978 appeal from board to judge 986 applicant to attend personally 980 bar, provisions as to not observed 990 bond, to be furnished on 983 certificate of result to be forwarded ctiief inspector 977 cities, additional licenses in 974 character of applicant, if objected to 982 notice to be given 982 commercial traveller's license 973 company, by 972 conditions necessary 979 decision of board final 982 evidence on, how taken 980 fees on, municipal 983 prosecution fund 977 Territorial 982 form of petition for 1014 hearing and determining 981 adjournment of 975 license not to be granted disqualified person 974 for premises of which commissioner or inspector owner 974 issue of 971,978 manner and time of 975, 978 married woman, by 974 objections and protests 978, 981, 982 by board 982 by inspector 982 papers open to public inspection 976 to be sent inspector for production to board 976 partnership licenses 978 persons entitled to be heard on 981 protests against 978 railway dining car or hall, for 972, 973 recommendation required in certain cases 976, 979 of the board 975 refusal of, for unfitness of applicant 982 rehearing ■. 982 removal, for 985,986 renewal, for 978 recommendation when necessary 97» report of inspector ... . . • • • ■ ■ . • ^^°' olo may be dispensed with, when yoz use of 981 restaurants, for ^74 timeof •■ ^ , ■, ^77 application at other than regular period vn Territorial treasurer, to be sent to 977 transfer, for ^ witnesses may be summoned and examined on oath 980 Attorney General, certificate of, prima facie evidence 1003 may sue sureties for penalties «o» to • advertise applications 97b issue licenses 9// notify successful applicants 9/b send inspector list of applications. 97b regarding applications out of regular penod 977 1321 104 INDEX 1905 The figures refer to the foot paging. LIQUOR LICENSE —Continued. Attorney General, send protests to inspector 978, 979 require .receipt for municipal license 983 keep register of licenses 987 record of applications 987 convictions 1002 furnish extracts, etc 987 report annualy to Legislative Assembly 987 licenses to be signed by 971 Auctioneer selling liquor, part of insolvent's estate 969 Bar, access to and from 989 billiards, etc., excluded from bar room 990 doors, windows, etc 989 elections, to be closed during 988 hours during which may be open 988 one, only, to be kept 988 persons found in during prohibited hours, penalty 989 requirements not observed, license not to be granted 990 sitting room to be distinct from 975 view of not to be obstructed 990 Barter of liquor by licensee, penalty 990 (See Penalties.) Bills and notes, for quantities less than one gallon 992 Board of, license commissioners, applications to (See Application for License.) appointment of 971 cancellation of licenses by 984 causing license to issue illegally, penalty 997 chairman and secretary 970 expenses 970 meetings of 975 adjournment of 975 for considering applications 976 notice of 976 time of 975 oath of commissioners 970 powers of justices at hearings 980 quorum, in absence of, meeting to be adjourned 975, 976 recommendation of, required for licenses 976 regulations by, proof of 1003 remuneration 971 secretary 970 term of office 970, 971 Boarder or traveller, pretending to be 996 Bonds by licensee, on application 983 form of 1018 in case of removal 985, 986 member of assembly not to sign unless licensee 1013 Bottling works, license fee 982, 983 Brewers and distillers 996 Bribery of inspector 997 Cancellation of licenses by board 983, 984 judge of court 986 Canteen N.W.M.P 969 Ordinance, application to. ... : 969 Cards 991 playing, with betting 991 arrest on view 991 Chemists and druggists, provisions affecting 994 Cities (See Municipalities.) additional hotel licenses in 974 Clerk of court may obtain extracts from register of licenses 986 Clubs, not incorporated by special Ordinance, sales by, prohibited 994 Commerical traveller's license ' 973 Commissioners (See Board of License Commissioners.) causing license to issue illegally 997 license not to issue to commissioner. 974 for premises owned by commissioner 974 not to act as J.P. in license cases , 1002 1322 1905 INDEX 105 The figures refer to the foot paging. LIQUOR LICENSE —Continued. Company, incorporated, may become licensee 972 officer to act for 972 Complaint. (See Prosecutions.) against grant of license or transfer 986 Compounding offences, penalty for 997 Confiscation of liquor found on unlicensed premises 999, 1000 Constable, authority of 999, lOOO bribing or attempting to bribe ' 991 duties, as to removal of disorderly persons 992 harboring 99I obstructing, penalty for 999 powers and duties in preventing or detecting ' violation of Ordinance 999 supplying liquor to 991 Conviction (See Penalties, Prosecutions, Forfeiture.) effect on application for renewal 978 forms of 1027, 1029 penalty where no, fixed 998 procedure where previous conviction charged 1001 record of to be indorsed on license 1002 report of to Attorney General 1002 statement of convictions to be sent Attorney General 976 third, effect of 1003 wholesale licensee, of, effect 971 Copartnership, to 972 Costs. _ (See Penalties.) inspectors on prosecutions 1006 to justices 1003 Death, accidental, while intoxicated, liability of person furnishing liquor. 993 licensee, of, transfer of license 984 Dice, prohibited 991 arrest on view 991 Dining car, sale of liquor on 972 Dining hall, railway, license for beer 972 Disorderly conduct on licensed premises, penalty 991 licensee may expel disorderly person 992 Disqualified persons, applicant refused for unfitness barred for two years 982 license commissioner 974 license inspector 974 not to issue to 974 person convicted for third offence 1003 where tenant disqualified board may authorize owner's agent to continue business _. 985 wholesale licensee allowing consumption on premi- ses 971,972 Distillers and brewers 996 Druggists, provisions affecting 994 requisition for liquor during prohibited hours 988, 989 Drunkenness, on licensed premises, allowing, penalty 991 Drunken person, interdiction 1006 licensee may expel 992 sale to, penalty. .' 991 Dwelling house, defined ■ 968 Ejectment of licensee, license to new tenant in case of 984 disorderly persons from licensed premises 992 Elections, sale or disposal of liquor during, prohibited 988, 989 Employee, licensee liable for certain acts of 988, 998 males under 18 and females not to serve liquor in hotels .... 992 Evidence • act of servant that of licensee, when 988, 998 affidavits on merits on appeal 1005 certiorari. .- 1005 certificate of, as to license 1004 consideration for sale of barter, of, unnecessary 1004 interdicted person, of 1007 precise description of liquor, of, unnecessary 1004 presence of liquor, utensils, etc 1004 production of license, prima fade proof, etc 1004 regulation of board 1003 1323 106 INDEX 1905 The figures refer to the foot paging. LIQUOR LICENSE —Continued Evidence, sale, disposal or consumption of 1004 signs or marks inducing belief that premises licensed, etc 1004 Exceptions in information need not be negatived 1000 from application of Ordinance 969 Execution, sale of liquor under, application of Ordinance to 969 Fees (See License Moneys and Fees.) inspectors on prosecutions 1006 to justices 1003 Females not to be permitted to serve liquor 992 Female licensee, marriage of 985 Fines (See Penalties.) Fire escapes. 975 Forfeiture of license by fraud in obtaining 986 permitting males under 19 and females to serve liquor 992 sale to minors, second offence 992 selling to intoxicated person who suicides or meets accidental death 993 tenant, owner's rights 985 for breach of section 94 of Indian Act 998 repeated offences operating as 998 on conviction of wholesale licensee 971, 972 third conviction causes 1003 liquor found on unlicensed premises 999, 1000 Forms prescribed 1001 Schedule 1 1014 A. — Petition for license 1014 B. — Recommendation 1014 C. — Affidavit of License 1015 D. — Affidavit of neighbors as to character 1016 E.—Bond 1016 E.— Aihda^'it of Surety 1017 F.— License 1018 G.— Protest 1018 H.— Order of Forfeiture 1019 I. — If by separate or subsequent orders 1019 J. — Interdiction order by magistrate 1020 K. — ^Notice of interdiction by Magistrate 1020 L. — Notice of interdiction by Inspector 1021 M. — Notice of interdiction 1021 Schedule 2 Forms for describing offences — M. — Information or complaint 1121 N. — Information or complaint for repeated offence 1025 O. — Summons to witness 1027 P. — Conviction, first offence 1027 Q. — Conviction, third offence • 1028 R. — Warrant of commitment 1029 Fraud in obtaining license or transfer 986 Gambling on licensed premises, prohibited 991 Games, not allowed in bar room 991 liquor not to be supplied in room with 990 Gaming, with betting, etc., on licensed premises 991 arrest on view 991 Harboring constable, penalty 991 Hotels, accommodation for guests 975, 990 meals 975,090 sitting room 975 stabling 975 hours for sale or consumption limited 988 license, defined ' 968 fee 982, 983 number of, limited 979 penalties (See Penalties.) report of inspector upon premises 981 may be dispensed with 981, 982 Hours for sale or consumption of liquor limited 988 (See Penalties.) Householder, recommendation of ten 975, 979 not required on renewal unless, etc 978 1324 1905 INDEX ,107 The figures refer to the foot paging. LIQUOR LICENSE —Continued. Householder, recommendation, to be signed within 60 days 979 term defined 968 Husband of female licensee, rights and liabilities of 985 Incorporated company (See Company.) Incorporated societies and clubs not incorporated by special Ordinance, sale by prohibited 994 Indian Act forfeiture of license for certain breaches of 998 Information and complaint (See Prosecutions.) Insolvent debtor's estate sale of liquor belonging to 969 Inspector appointment of 971 bribe, not to receive 997 causing license to issue illegally, penalty 997 city may appoint 971 costs to on prosecutions 1006 defined 969 duties prescribed by Lieutenant Governor in Council 971 infractions of Ordinance to be reported and prosecuted 971 inspection and report on proposed licensed premises 980, 981 interdiction by 1007 justice of the peace, inspector not to act as 1002 license not to issue to, nor for premises owned by 974 objections by, to applications must be contained in report . . 982 obstructing in execution of duty, penalty 999 offences, powers and duties in preventing and detecting 999 notice of rehearings to be given by 982 papers on applications to be produced by, to commissioners . . 976 to be returned by, to chief inspector 977 prosecution of offenders, duties as to 971 protests to be produced by, to commissioners 978, 979 rehearings, notice of to be given by 981, 982 report of, on proposed licensed premises 980, 981 does not exclude discretion of commissioners 981 may be dispensed with 982 must contain all objections of 982 restaurants, licensed, duties regarding 974 salary, how fixed 971 synopsis of Ordinance, duty to see posted 971 town may appoint 971 Interdiction, forms of charge, etc 1024 inspector may be required to forbid sale to inebriates 1007 interdicted person a competent witness 1007 immunity of, from certain punishments . 1007 when 1008 justice of the peace, proceedings before 1006 notice to be given to licensees .■■■•. ^^^^ penalty against interdicted person for obtaining liquor .... 1008 for supplyiing liquor to interdicted person 1007 Interpretation 968 "Board" 968 "District" 968 "Householder" 968 "Dwelling house" 968 "Justice" 968 "Hotel license" 968 "Licensee" 968 "Person" 968 "Licensed premises" 968 "Liquor," "Liquors" 969 "Public bar," '^'bar" 969 "Inspector" 969 "Sale by retail" 969 "Electors" 969 "Judge" 969 Intoxication (See Drunkenness, Drunken Person, Interdiction.) 1325 108 INDEX 1905 The figures refer to the foot paging. LIQUOR LICENSE —Continued. Judge, complaint to, against grants of license, transfer, etc 986 defined 969 Justice of the Peace (See Prosecutions.) commissioner to have powers of, when 980 not to act as 1002 defined 969 fees, to, in certain cases 1003 inspector not to act as 1002 report to be made by, of convictions 1003 forfeitures 1002 Lager beer, botthng works, license fee 982, 983 Legislative Assembly, members not to be bondsmen or petitioners, exceptions 1013 License Commissioners (See Board of License Commissioners.) License districts may be altered 970 proclamation of 970 to be established 970 Licensed premises (See Premises.) " Licensed to sell, etc.," to be printed over doorway 987 Licensee, agents or employees, liability for acts of 989, 998 death of 984 defined 968 desertion of premises by 985 marriage of female 985 married woman not to be 974 personal representative of, sale by 970 removal by 985 sale of liquor with transfer of license by 999 to by former licensee 970 vacation of licensed premises 985 (See Penalties, Transfer of Licenses.) License Inspector (See Inspector.) License moneys and fees amount of license fee 982 application fee 976 receipt for, to be forwarded applicant 976 commerlcal traveller, for 973 estimated expenses for 978 general revenue fund, to be paid to 987 municipal fee 977, 982 part of year, for 982, 983 payment of 978 to territorial treasurer 977 prosecution fund 977 railway dining hall, license fee 972, 973 railway dining car, license fee 973 refund of unused portion of expense deposit 978 removal of transfer, fee on 986 register to be kept by Attorney General 987 Licenses, application for (See Application for License.) cancellation of 984, 987 commercial travellers 973 company to 972 conviction, record of, to be indorsed on 1002 dining hall, for 972 ejectment of licensee, license to new tenant 984 exposure of, required 987 fees 982 (See License Moneys and Fees.) forfeiture of by fraud in obtaining 986 permitting males under 18 and females to serve liquor 992 repeated offences operating as 998 sale to minors, second offence 992 selling to intoxicated person who suicides or meets accidental death 993 . tenant, owner's rights 984 third conviction causes 1003 1326 1905 ' INDEX 109 The figures refer to the foot paging. LIQUOR LICENSE —Continued Licenses, forfeiture of for breach of s. 94, Indian Act 998 on conviction of wholesale licensee 971, 972 form of 1018 improperly obtained, cancellation 986 penalty 997 hotel 971 incorporated company, to 972 issue of [\[ ^972, 977 notice of on outside of premises 987 number of, limited 979 partnerships, conviction against member 972 each member liable 972 licenses to 972 no license to one member only 972 person named in, only extend to 974 placard of 987 premises named in, only extend to 974 production of, prima facie genuine 1004 railway dining car or hall, for 973 application proceedings not re- quired 973 record of conviction to be indorsed on 1002 removal of license 985 renewal of 978 signing of 971 transfer of 984 (See Transfer of Licenses.) wholesale 971, 972 limited 792 Limitation of time for prosecutions 1000 "Liquor," "Liquors" defined 969 Locality of premises may be objected to ' 978 Local option, vote apparatus for taking poll 1010 appointment of returning oflScer 1009, 1010 ballots, etc., to be deposited with board 1012 date and places of poll 1009, 1010 decision in force 1012 defects of form, etc 1012 deposit for expense of poll 1009 deputy returning officers and clerks 1010 expenses of vote 1012 may be taken as to license 1009 notices to be given 1009, 1010 oaths of office 1012 penalties 1010 objections to proceedings 1012 one-fifth of electors to requisition 1009 powers of returning officer 1010 proceedings at polls 1010 ballot vote 1011 certain provisions of Canada Temper- ance Act Incorporated 1011 declaration of result 1012 duties of deputy returning officer. . . . 1011 record of voters, etc 1010, 1011 close of poll 1011 requisition for 1009 vote stands for 3 years 1012 Lodger, pretending to be 99° Lodging, license refusing, penalty 990 Married woman, license to 974 Marriage of female licensee 98& Meals, hotel to be equipped for serving 976 licensee refusing, penalty 990 liquor at on Sundays 989 Mechanical purposes, sales for ■ ■ ■ ■ • •. j ■ ' ' Woo 00^ Medicinal purposes, certificate of medical practitioner, druggist or J.P . . 988, 994 ^ ^ penalty for false 995 sales for, permitted at any hour 988, 989 1327 110 INDEX 1905 The figures refer to the foot paging. LIQUOR LICENSE —Continued. Medicinal purposes, sales by druggists regulated 994 Member of Legislature, not to be bondsmen, etc., unless applicants 1013 Militia, mess of, sale of liquor to 970 Minors, supplying liquor to, prohibited 992 Municipalities, applications may be represented on hearing of 981 cities, additional licenses in ; 974 or towns may pass license by-law 983 copy by-law to be sent chief inspector. . 983 duration of by-law 983 certificate of payment fee to be produced 977 fines recovered through action of 971 license issued for part of year, fee 983 may appoint inspector 971 railway dining hall, license 972, 973 rebate of license fee on cancellation of license 984 Native wine, license not necessary for certain sales of 969 North- West Mounted Police, Ordinance not to apply to canteens 969 Northwest Territories Act, partially repealed 1013 Notes, promissory, void when for quantities less than one gallon 992 Notice of meetings to consider applications 976 that premises licensed, to be exhibited 987 Number of licenses limited 979 Oath of office of commissioners 970 voters (See Local Option.) Objections (See Protests.) Occupant, liability for acts of servants 998 Offences and penalties (See Penalties.) Option clauses " 1009 (See Local Option.) Pawn, licensee not to receive for liquor 990 Partnerships, conviction against member, effect of 972 each member liable 972 license not granted to one member only 972 may be licensed 972 provision in case of dissolution 972 separate license for each place of business 972 Payment for liquor must be in cash 990 in advance, for liquor, penalty 990 Penalties bonds securing payment of 983 fines recovered through municipalities 971 under local option clauses 1009, 1010 for bartering or receiving goods in pawn for liquor 990 being in licensed premises in prohibited hours 989 disorderly persons refusing to leave on request 992 giving liquor to person who during intoxication suicides or suffers accident 993 causing license to issue illegally 997, 999, 1000 having in possession liquor found on search under warrant without license 994 neglect to expose license 987 obstructing inspector or constable in duty 999 permitting assemblage of bad characters on licensed ' premises 991 gambling, and disorderly conduct 991 gaming, cards, dice, etc 991 arrest on view 991 internal communications with unlicensed premi- ses 992 male under 18 or female to serve liquor (excep- tion ) 992 purchaser drinking or allowing drinking in wholesale premi- ses 995 refusing lodging, etc 990 supplying liquor to persons under 18 992 wholesaler allowing consumption on premises 993 selling to illicit retailer 993 1328 1905 INDEX 111 The figures refer to the foot paging. LIQUOR LICENSE —Continued. Penalties, wholesaler retailing elsewhere 993 evidence under 994 allowing consumption on premises not licensed therefor 995 bribing inspector 997 cases not provided for 998 Indian Act, s. 94 998 compounding offences 997 contravention by servant contrary to instructions 998 harboring, bribing or supplying liquor to constables 991 interdicted person obtaining liquor 1008 licensee or occupant for employee's acts 998, 999 (See Prosecutions.) medical practitioner giving false certificate 995 omitting to post synopsis of penalties '999 pretending to be lodger or traveller to obtain liquor after hours 996 preventing or assisting to avoid arrest 997 receiving payment for liquor otherwise than in cash 990 repeated offences, forfeiture 998 must be for different day 1002 selling during prohibited hours 994, 995 or bartering without a license 996 supplying liquor to interdicted person 1006, 1007 "Person" defined 968 Petition for license (See Application.) against license 978 (See Protest.) form of 1004 Pledge for liquor, recovery of 990 void 990 Policeman, authority of 999 obstructing, penalty for 999 powers and duties in preventing and detecting violations . . 999, 1000 Population, number of licenses controlled by 979 Premises accommodation in hotels 975 bar, connection with 989 character or locality of, protest based on objections to 978 expulsion of disorderly persons 992 hours and days on which must be closed 988, 989 improper, license may be cancelled 983 inspection before license . 980, 981 at other times 971 license only valid for premises mentioned in it 974 "Licensed premises " defined 968 notice of license to be posted outside 987 presumption from presence of liquor utensils :......... 1004 property of commissioner or inspector, not to be licensed 974 regulations as to, not observed, license to be refused 990 removal of licensees 985 restaurants in cities 974 synopsis of Ordinance to be posted 999 vacated by licensee 985 where license forfeited 985 Previous conviction, charge of. 1001 Privy, hotels to be provided with 975 to be kept clean, etc, 975 Proclamation of license districts. 970 Prosecution fund, amount to be paid 977 Prosecutions (See Evidence.) commissioner not to act as magistrate 1002 exceptions need to be negatived 1000 fees for 1003, 1006 forms prescribed 1022, 1029 (See Forms.) Information, amendment of 1005 inspector required to institute 971 not to act as magistrate 1002 limitation of time for ^000 YY 1329 112 INDEX 1905 The figures refer to the foot paging. LIQUOR UCENSFj —Continued. Prosecutions, magistrate to report convictions and forfeitures 1002 offences, conviction may be for several 1002 describing 1000, 1001 repeated, conviction for must be for different day, etc 1002 several in one complaint 1000 procedure where previous conviction charged 1001 summons to licensee to call for license 1002 Protests, accordance with Ordinance, must be in 978, 979 board to hear and decide 978, 980 decision on, to be in writing 978 evidence, how taken 980 fee to accompany 978 return of, if protest allowed 978 filing, time of 978 form of 1018 grounds of 978 hearing of 980 adjournment of 980 deposit on 979 day and place to be fixed for 979 determinmg 981 locality of premises to take place in 976 notice of time and place of 979 public, to be 980 summary manner, in 980 municipality by, against additions licenses in cities 974 may be represented on hearing 981 objections to character, notice to be given applicant 982 papers open to public inspection 977 petition, distance of signers' residences to be stated 980 member of assembly must not be party to 1013 must be 7 or 20 nearest householders 978 objecting to license, to be by 978, 979 signature of, time of, to be certified 978, 979 Territorial treasurer, duty on receipt 978, 979 qualified persons may be heard on 981 transfer or removals, against 986 witnesses may be summoned and examined on oath 980 "Public bar" defined 969 (See Bar.) Quantity, allegation of, where essential ,. 1001 price of less than one gallon not recoverable unless against boarder or traveller 992 Railway dining cars, special license to 972 application in these cases 973 halls, beer licenses to 972, 973 Recommendation applications with, except in cities and towns 976 certificate to accompany 978, 979 distance of signers' residences in 978 failure to get 979 form of 1014 householders of 975,976,979 renewal of license not required on unless applicant convicted 978 signed within 60 days, to be 979 Refreshment house, unlicensed, internal communication with licensed premises prohibited 992 Refund of hcense fee on application for cancellation 984 Register of licenses. Attorney General to keep 987 convictions to be recorded in 987 Rehearing of applications 982 Removal of licensees 985 application for permission 985 board may allow 985 Attorney General may permit if no protest 986 fees on application 986 permission to be endorsed on lice nse 986 obtained improperl y, cancellation 986 1330 1905 INDEX 113 The figures refer to the foot paging. LIQUOR LICENSE— CoTrfmwd. Repeal, partial, of The North-West Territories Act lofs Report to Assembly 987 Restaurants, licensing in cities 974 liquor at meals on Sundays 988 • Retail licenses (See Hotel Licenses.) sale by retail defined 959 Sale of liquor, consideration must be cash 99O drunken person to, penalty 99I hours of, limited 988 licensee to, by former licensee 970 males under 18 and females by prohibited 992 mess of militia, to 970 personal representative of hcensee, by 970 persons under 18 years of age 992 proof of sale, etc 1004 quantity less than one gallon, price not recoverable except against boarder or traveller 992 (See Penalties.) transfer of license 969 under execution 969 Schedule 1. General forms 1014 Reforms regarding offences 1022 Search by officers 999 warrant to 999 liquor found on 999, 1000 forfeiture of 1000 penalty on occupant of premises 999, 1000 Second and third offences 1000 forfeiture in certain cases 992, 1003 procedure where previous conviction charged. 1001 penalty increased when applicable 1002 third offence disquaUfies 1003 Security, bonds by licensees 983 form of 1016, 1017 for price of less than one gallon void 992 in case of removal 985 member of Assembly not to give bond unless license 1013 Servant license liable for certain acts of 989, 998 males under 18 and females not to serve liquor, exception 992 occupant liable for certain acts of 998 Set off of price of less than one gallon of liquor 992 Sheriff, sale of liquor by under execution 969 Short title 968 Sitting room, distinct from bar 975 Societies not incorporated under special Ordinance, sale by prohibited. . 994 Stabling accommodation at hotels 975 Suicide, while intoxicated, liability of person by whom liquor given 993 Suit for price of less than one gallon not'allowed, exception 992 pleading general issue 992 Sunday, sale of liquor on prohibited, except at meals 988, 989 Synopsis, penalty for omitting to post 999 Towns (See Municipalities.) Transfer of licenses, apphcation for 985 fees on 986 Attorney General may permit if no protest 986 consent of Attorney General 984 death of licensee 984 ejectment of licensee, license to new tenant 984 improperly obtained cancellation 98G licenses premises vacated or lease determined 985 licensee improperly refusing to transfer 985 marriage of female licensee 985 report of inspector ■ 984 tenant forfeiting, authority to owner to continue business 985 transfer of business by operation of law, on 985 Traveller or boarder, liability for Uquor suppUed 992 pretending to be 996 1331 114 INDEX 1905 The figures refer to the foot paging. LIQUOR LICE'NSE— Continued. Vote as to issue of licenses : 1009 (See Local Option.) Wages, paid on licensed premises 988 Wholesale license consumption on premises prohibited 971, 993, 995 conviction of licensee, effect of 971 evidence 993, 994 hours for sale limited 988 liability of licensee and occupant for acts of servant . . 989, 998 license fee 982 no other business allowed, exception 971 penalties against (See Penalties.) powers of licensee 971 report of inspector 981 restrictions on sale by 971 wholesale and retail licensees, payments between 990 wholesale licensee selling for illicit sale 993 by retail elsewhere 993 Witnesses (See Evidence.) LITERARY INSTITUTES (See Mechanics Institutes.) LIVERY, BOARDING AND SALE STABLE KEEPERS. Animals detained to be cared tor by stable keeper 534 to be sold by public auction 535 application of proceeds 535 "Boarding stable keeper" defined -534 Care of animals and effects detained on lien 534 Cleansing of stable — periodical 535 Detention by stable keeper of animals and effects for indebtedness 534 Disinfection of stables, periodical 535 Effects detained, stable keeper responsible for care of 534 Enforcement of lien, mode of 534, 535 Expenses of sale to be taken out of proceeds 535 Interpretation 534 Lien of stable keeper on animals and effects for indebtedness and enforce- ment of 534 "Livery stable keeper " defined 534 Newspaper, notice of sale to be published in for 2 weeks 535 Notice of sale, what to contain 535 how to be given 535 Ordinance, copy of, to be posted in stable or benefit of Ordinance for- feited 535 Particulars to be given in notice of sale 535 Payment of indebtedness witliin one month or lien enforced 535 Penalty for omission to post copy of Ordinance in stable 535 omission to cleanse and disinfect stable 536 Periodical cleansing of stable 535 Posted notice of sale to be, in Post Office and stable 535 copy of Ordinance to be in stable 535 Public auction, sale of animals, and effects detained on lien by 535 Responsibility of stable keeper for animals and effects detained 534 "Sales stable keeper" defined 534 Sale by public auction of animals and effects detained in default of payment within one month 634 notice of intention to sell to be advertised (and posted up in post office and stable) for two weeks 535 particulars to be stated in 535 Sale, proceeds of, application 535 surplus unclaimed after one month to be paid to Ter- ritorial treasurer 535 after one year to belong to general revenue fund 535 Short title 534 Stable to be cleansed and disinfected in April and October 535 penalty for omission 536 Territorial Treasurer to get balance of proceeds of sale it not claimed. . 535 1332 1905 INDEX 115 The figures refer to the foot paging. LOCAL IMPROVEMENT DISTRICTS. Accounts, books to be kept ggg borrowing powers of council 808 financial statement, annual 808 Arrears of taxes, commissioner to pay 814 costs on 814 order vesting lands in Crown for 814 redemption from 813 return of 812 application for confirmation of 812 adjudication on 813 copy to be sent registrar 813 notice of 812 Assessment, appeal from 806 notice of 806 of district, council to make 805 of land of unknown owner 806 roll 806 entry on when tax paid 807 error in 806 large local improvement district 809 omission from 806 original, open to inspection 806 time for completion of 806 Audit of books annually 809 Borrowing powers 808 Commencement of Ordinance 705 Commissioner, may make orders for adjustment of assets 815 returns to (See Returns.) Council, accounts of 808 appointment of weed inspector by 803 apportionment of expenditure between divisions by 808 assessment by 805 authentication by 814 borrowing powers 808 chairman of 802 to have vote 803 committees of 804 construction of works partly outside district 807 contracts by 807 specification in 807 district, to have 708 election of (See "Election.") joint action of, with other councils ' 804 majority to be present 803 questions decided by 803 meetings of 802 adj ournment of 803 first 801 special 803 members of (See "Councillors.") officers, appointment of by 805 proceedings and powers of 801 not invalidated by disqualification of member .... 800 vacancy 804 record of 803 questions between councils 815 record of, proceedings of 803 returning officer appointed by 801 rules of procedure, power to make 804 tax, to be levied by 805 vacancy on, not to invalidate proceedings 804 (See "Councillors" and "Election.") voting of 802 Councillors, appointment of by Lieutenant Governor 799 declaration by ■■ • 802 disqualification of 798 election of (See "Election.") not to be officers 805 number of ' 9 ' 1333 116 INDEX 1905 The figures refer to the foot paging. LOCAL IMPROVEMENT DISTRICTS— Continued. Councillors, number of, limited 798 payment of 805 qualifications of . ." 798 removal of by order of judge 800 resignation of 799 vacating of office by 799 Disorganization of existing districts 815 large local improvement districts 811 Districts, additions to 797 area and population of 796 boundaries, name and number of 796 alteration of 797 constitution of 796 conditions for 797 petitions for 797 council for (See "Council.") 798 number of members in council of 796 severance and annexation of 797 subdivision of 797. village, constitution of, within 797 Divisions, of mstricts 797 apportionment of expenditure between 808 Election, of council 800 declaration at 801 fijst 800 notice of 800 poU for 800 quaUfication of voter at (See "Electors.") 800 returning officer (See "Returning Officer.") 801 time of 801 Electors, appointment of returning officer by 802 declaration by 801 penalty for false 801 meeting, of, annual 801 qualification of 800 Error, in order of Lieutenant Governor 798 in assessment roU 806 Exemptions from taxation 814 Existing districts disorganized by this Ordinance 815 deemed to exist for certain purposes 815 overseer of, to hand over property 815 Forms. 816, 819 Interpretation and definitions 795 Large local improvement districts accounts, to be in duplicate 811 to be audited 811 assessment to be made in department 809 notice of 810 owner of, address unknown 810 rate of 809 roll 809 errors in 810 contracts of, to be in duplicate 811 disorganizing 811 erection of 809 taxes, distress for 810 expenditure of 811 special lien 810 Lieutenant Governor in Council appointment of councillor by 799 official councillor by 799 differences, settlement of by 815 districts constituted by 796 conditions necessary 797 errors, rectification of by 797 extension of time by 815 regulations made by 814 Meetings (See Council.) Noxious Weeds Ordinance, enforcement of 803 1334 1905 INDEX 117 The figures refer to the foot paging. LOCAL IMPROVEMENT DISTRICTS— Cojrfinued. Official councillor, appointment of 799 powers of 799 Order, commissioner to make, to adjust assets 815 error in may be rectified 798 irregularity not to invalidate 800 judge's, ousting councillor 800 Overseer of existing districts to hand over property 815 penalty 816 Owner unknown, assessment of land of 806 810 Penalty, false declaration by elector 801 overseer failing to hand over property 816 secretary neglecting duties 816 Petition for constitution of 797 declaration to accompany 797 requisites of 797 verification of 797 when acted on 797 Record of proceedings of council 803 Redemption (See "Arrears.") Returning officer, appointment of by council 801 by electors 802 by Lieutenant Governor 800 not digible for election 802 payment of 801 report by 801 vote of 801 Returnsto commissioner, made annually 811 of arrears 812 application for confirmation of 812 notice of 912 adjudication on 813 copy of to be sent to registrar 813 contents of 811 inspection of 811 time of 811 Short title 795 Subdivision of districts 797 Taxes, entry on roll when paid 807 exemptions from 814 distress for 807 levy of 805 lien on land for 807 rate of 806 receipt for 807 returns to commissioner (See "Returns.") 811 suit for 807 (See also "Assessment.") Vacancy, election to fill 800 nonacceptance of office, by 801 (See "Council.") Voter (See "Electors.") Voting at council 803 at election |03 Works, control of °08 interfering with Government works 808 partly outside district 807 LORD'S DAY, PROFANATION OF THE. Amusements and games prohibited 1035 Business, labour, etc., prohibited 1035 exceptions 1035 Contracts, etc., made on Sunday to be void 1035 Hunting or pursuit of game prohibited 1035 exception in case of person in actual want 1035 Penalty for breach of Ordinance 1035 LUNATICS (^^® Insane Persons.) (See Judicature.) 1335 118 INDEX 1905 The figures refer to the foot paging. MAGISTRATES. Advocate in practice shall not be appointed 390 exception 390 Alien shall not be appointed 390 Appointment of justices 390 Commission of the peace revolces former commissions 390 Forms 394, 395 Issue of new commission cancels old commissions 390 reappointrnent may be made 390 Jurisdiction, limitation as to place 390 priority of 391 in first justice, except by consent 391 in one justice unless otherwise provided 391 one justice sufficient in matters preliminary to hearing or subsequent to determination 391 justice actmg before or after hearing need not be a justice by whom case heard 392 when two or more justices necessary, they shall act together during whole of hearing, etc 392 Justices, appointment and jurisdiction 390 reappointment 390 term, defined 390 summary proceedings before 9 Magistrates, police, appointment of ' 393 Oath of allegiance and office to be taken 390 record of 391 Police Magistrates 393 Practising advocate not to be appointed justice 390 exception 390 Procedure ." 391 Part LVIII of The Criminal Code to apply to proceedings under Ordinances 391 Returns and transmissions by justices , 392 moneys received to be transmitted forthwith 392 to be made half yearly 392 neglect in making 393 penalties 393 procedure for enforcement of returns and transmissions 392 penalty for nonreturn, or false or incorrect return 393 Schedule 394 Short title 390 MARKING AND INSPECTION OF STOCK (See Brands.) (See Inspection op Stock.) MARRIAGES, BIRTHS AND DEATHS (See Vital Statistics.) MARRIAGES, SOLEMNIZATION OF. Affidavit to be made by one of the parties before license issued, 458 to be forwarded to Attorney General with quarterly return. . . . 459 further evidence to be required by license issuer doubting correctness of 458 Ceremony, who may perform 457 Civil marriage, notice to commissioner 460 Commissioners for solemnization 457 ' marriage '460 certificate 460 form of 464 Consent of parent or guardian to marriage of minor necessary 459 dispensed with in certain cases 459 Declaration of marriage by Doukohobors or Quakers 461 Fees on issue of licenses, and disposition thereof 459 Forms 462, 465 Issue of licenses 458 unauthorized 459 Liability of person solemnizing marriage 458 Licenses, issue of 458 form of 462 1336 1905 INDEX 119 The figures refer to the foot paging. MARRIAGES, SOLEMNIZATION 0¥— Continued. Licenses, to be signed by Territorial Secretary 458 affidavit to be made by one of parties before issue 458 form di 462 to be supplemented by further evidence if license isser doubts correctness of 458 necessary to performance of ceremony, or banns 457 penalty for unauthorized issue of 459 License issuer to make quarterly returns to Attorney General, and to forward original affidavits therewith 459 where called upon, to make sworn return of licenses supplied, and return of unissued licenses 459 License fees and disposition thereof 459 Marriage, solemnization of 457 persons authorized to solemnize 457 ceremony not to be performed without license or banns 457 to be solemnized in presence of two witnesses 457 to be registered by person solemnizing . . *. 458 person solemnizing in good faith not liable though legal impedi- ment existed 458 penalty for solemnizing without authority 459 Minor, consent of parent or guardian required to marriage of 459 dispensed with m certain cases 459 Penalty for issuing license or solemnizing marriage without authority. . . 459 Perform ceremony, who may 457 Quakers or Doukohobors 460 Quarterly returns of licenses issued 459 Registration of marriage by person solemnizing 458 Return to be made by license issuers quarterly to Attorney General, ac- companied by original affidavits 459 when called for, of licenses supplied, and return of unissued licenses . 459 Short title ,. 457 Unauthorized issue of license or solemnization of marriage 459 penalty 459 MARRIED WOMEN, PERSONAL PROPERTY OF. As regards personal property has rights of a feme sole 466 MASTERS AND SERVANTS. Apprentice, misconduct of 475 Civil remedies for recovery of wages and damages, preserved 476 Clerk, misconduct of 475 Contracts or hire of personal service subject to Ordinance 475 if more than one year, to be in writing signed by parties 475 made outside the Territories, Ordinance applies to 476 Corporation included in words "master" or "employer" 477 Counterclaim by employer 476 papers to be transmitted to court 47b duties of clerk on receiving 476 procedure on trial , 476 Dismissal, wrongful, additional wages may be ordered to be paid 475, 476 Judgment, enforcement of, where cause tried before judge 476 Limitation of time for proceedings 476 Master, nonpayment of wages by 47& misconduct of 4/o Misconduct of servant 476 Penalty for misconduct of servant 4/o Proceedings on nonpayment of wages 4/0 Prosecution, costs, of, where servant successful i'o Servant, misconduct of 4/0 Wages, nonpayment of -:•■••••••.■ ■;. 47? amount recoverable before justice ^/o recovery of, limitation of time for 47b civil remedies for, preserved • • • • 47b Writing, contract or hire for personal service for more than one year to be in '^'^ 1337 120 INDEX 1905 The figures refer to the foot paging. MECHANICS AND LITERARY INSTITUTES. Annual meeting 651 subscription 650 when payable v 651 Application of funds 652 Audit of financial statement prior to annual meeting 652 Books, on what subjects 651 Election of officers 650 Evening classes, object of 651 Forms 652, 653 Funds of institute, application of 652 Institute, organization of 650 to be a corporation 652 powers of 652 Land, may hold 652 Library 651 Meetings, annual 651 officeoB' report at 651 what to contain 651 record to be kept, and certified copy^sent to Territorial secretary 652 financial statement to be presented at 652 record of to be kept and certified copy sent to Territorial Secre- tary 652 of officers, how called 651 Member, who may become a 650 annual subscription payable by 650 Mode of organization 650 Notice of annual meeting 651 Objects of institutes 651 October, annual meeting in 651 Officers, election of 650 annual report of 651 information to be given to Territorial secretary by 652 Organization of institutes, mode of 650 Power of institute to acquire lands, etc Reading room to be established 657 Schedule 652 Short title 650 Subscription, annual 650 Voters at election of officers, qualification of meetings, qualification of ,, 651 MECHANICS' LIENS. Actions to enforce liens, time for 544, 545 judicial districts in which to be brought 545 lien holders may join in 545 enuring for class 545 death of plaintiff or refusal to proceed 545 Afiidavit, statement of claim to be verified by 543 verifying discharge 546 Agreements as to lien not to affect third party 539 Annulling registration of liens 546 Application for removal of lien on terms 546 Arbitration of claim against lien holder 542 subcontractor's claim 543 mode of 543 Assignment of lien 546 Charge, lien to operate as, for ten days 541 Chattels, liens on 547 enforcing 547 application of proceec's 547 Claims against lien holders 542 for wages, lien for 540 where property of wife 540 registered, to be filed as an encumbrance 544 Class of lien 1 oldors to rank pari passu 546 Contractor defined 539 Costs of lien may be added to judgment 546 1338 1905 INDEX 121 The figures refer to the foot paging. MECHANICS' LIENS— Coniintwd. Death of lien holder, right passes to personal representatives 546 plaintiff 545 Discharge of lien 546 registration of 546 cost of 546 Dispute regarding claim against lien holder to be settled by action or arbitration 542 Distribution pro rata amongst lien holders 546 Execution against peiisons supplying material, exemptions 547 Failure of payment by lien holder after award, owner may pay 542 Forms in schedule declared sufficient for purpose 547 claim of lien 548 claim of lien for wages 548 several claimants 549 affidavit verifying claim 549 pay-roll to be posted 550 Hearing, summary and determination 546 Interpretation, "Contractor" 539 "subcontractor" 539 "owner" 539 Judge may authorize sale and removal of machinery covered by lien. . . . 545 Judgment, costs of lien, may be added to 546 Labourer defined 539 Liability of owner not increased by lien 542 Lien, actions to enforce 544 agreements as to not to affect third party 539 assignment of 546 chattels, on 547 costs of, may be added to judgment 546 discharge of 546 duration of, of mechanics or for supplying materials 541 effect of, on prior mortgage 540 materials affected not to be removed 543 mechanics and others doing work or supplying materials, of 539 for ten days after completion of work 541 nature of 739 not to increase liability of owner 542 property affected by, what 540 realizable in Supreme Court 545 registration of ^43 annulling 546 removal of ^46 sale of land charged with 545 subcontractor, of, limited 540 wages for ^40 work on materials for 539 Lien holders, claims against, effect of 542 action or arbitration respecting 542 failure to pay, payment by owner 542 may join in action to realize liens 545 action brought by one to be for benefit of class 545 deemed purchasers fro tanto 544 class in rank pari passu 546 Machinery, sale or removal of ■ °45 Material affected by lien, not to.be removed OM Mortgage, prior, effect of hen on ^4U Nature of hen .••■■• "if^ Notice of lien, payment by owner without o4i Owner defined ■■ ■. j' il ' i- r,Ar, liability of not to be increased by lien o'lz entitled to retain ten per cent, of contract price 54U Payments by owner in good faith. ....... .^ ■. 041 of claim against lien holder on receiving notice 542 Persons having claims against lien holders entitled to charge pro rata. . 542 notice to owner by • g|^ payment lay owner under, satisfaction pro tanto of lien. . . 542 Prior mortgage, effect of lien where ^40 Priority of lien for wages 1339 122 INDEX 1905 The figures refer to the foot paging. MECHANICS' LIE'NS— Continued. Property on which lien attached 540 where leasehold, consent of landlord to lien on hand 540 of wife, lien foi wages 540 Receipted pay-rolls to be posted on works 541 what to include 541 when to be posted 541 form 550 effect of noncompliance 541, 542 substantial compliance sufficient 542 delivery of necessary or payment by owner invalid. . 541 Refusal by plaintiff lien holder to proceed 545 Registration of lien - 543 time for, where for wages 544 in other cases 544 setting aside statement 543 verification of 543 Removal of lien on terms 546 application for summarily 546 Sale of land charged with lien 545 time for 545 machinery 545 Short title 539 Statement of claim for registration 543 verification of 543 Subcontractor, defined 539 lien of, limited 540 claim of, arbitration 543 Summary hearing and determination 546 Time for actions to realize unregistered lien 544 registered lien 545 where no period of credit stated 545 Wages, lien for 540 limited to thirty days 540 where property belongs to wife of employer 540 priority of 541 uniting several claims of 544 MEDICAL PROFESSION. Action for malpractice, liability to, limitation of 503 Admission by registrar, allowance for 498 Annual membership fee 499 Appeal to judge on refusal to register 498 procedure on 498 to be by originating summons 498 from decision of council on erasure 602 costs of 502 from decision of registrar on objection to fist 495 procedure on 502 Application of fines imposed under prosecutions 505 for inquiry into misconduct 500 for registration, evidence with 498 Assuming false title, penalty for 505 B.oard, central examining 500 Casting vote, president to have, at all meetings 497 Central examining board 500 powers of 500 Certificate of Dominion Medical Council, proof of registration 499 doctors, to be given only by registered person 503 Certified copy of entry to be proof of registration 504 Charges professional, recoverable by suit .' 503 of misconduct 500 Circular letter, alternative mode of summoning council 496 College of physicians and surgeons incorporated 493 common seal 493 power to acquire; hold and dispose of property 493 Committee of inquiry for investigating alleged misconduct 501 to be permanently maintained 501 report of, may be acted upon 501 1340 1905 INDEX 123 The figures refer to the foot paging. MEDICAL PROFESSION— ConHnucd. Committee of inquiry, number of members of 501 may employ legal assistance 501 expense of 501 accused may be represented by counsel 501 meetings, place of, for inquiry 501 Commitment on failure to pay costs of prosecution 505 Complaint of conduct, unfounded, costs for 501 Copy, certified, of entry to be proof of registration 504 Costs not paid on conviction, commitment if 505 to accused for frivolous or vexatious complaint 501 Council, provided for 493 direct erasures from register 498 Elections for 493 registrar to manage 493 time and place for 493 doubted or disputed, inquiry to be held 496 equality of votes 494 eligibility for voting, qualifications 494 election, qualifications 494 fees to be paid before voting 494 list of practitioners entitled to vote to be made by registrar 495 one month prior to election 495 objections to registrar's list 495 appeal to judge if dissatisfied 495 evidence on 495 decision of judge final 495 conclusive as to right to vote 495 members elected 494 more than required number voted for 495 petition against return of member to be filed 495 what to contain 495 time for filing 495 regulations may be made by council 495 scrutineers 494 term 494 voters may be at count 494 votes 494 cast for ineligible person to be void 494 voting, method of 494 papers to be preserved 498 Executive, Committee 496 duties 496 fees and travelling expenses of, to be paid 497 general rules may be made by 499 meetings of 496 rules and regulations as to 496 procedure at 497 members of, must be registered 493 number of 493 election of, mode of 493 officers 496 term of 496 salaries and fees 496 powers, general 499 proceedings, may stay 505 regulate register and examinations 499 vacancies in, how supplied 496 voters for, must be registered 493 Counsel, accused may be represented by before cominittee 501 Count, voters may be present at 494 Death of member of council, filling vacancy occasioned by 496 Decision of judge final in appeal from registrar 495 Disputed election, inquiry to be held 496 Doubted election 496 Dominion registration accepted for Territories 498 certificate, of, to be proof ■ • 498 Election of council (See Council.) Entitled to practise, persons 497 1341 124 INDEX 1905 The figures refer to the foot paging. MEDICAL PROFESSION— ConJmtted. Erasure from register 498 of name for misconduct 500 decision of council on, appeal from 502 Evidence with application for registration 498 on registration 504 Examinations regulated by council 499 before registration 498 Examining board 500 Executive committee, annually appointed 496 Expenses of members of council 497 Fees of members of council 497 to be paid before voting 494 and travelling expenses of council to be paid 497 registration 499 annual membership 499 recoverable by suit 499 Filing petition against return of member, time for 495 Fines, application of, imposed under prosecutions 505 Forms 506 General powers of council 499 return may be called for 505 rules, council may make 499 Homoeopathic physicians 498 Identification necessary for registration 498 Inquiry into alleged misconduct 500 on application of three practitioners 500 committee of 501 place of 501 notice to be served on person accused 501 what to contain 502 testimony of witnesses 502 under oath 502 cross-exaimnation 502 rules of evidence on 502 Interpretation, "legally qualified medical practitioners" 503 Legal assistance, committee of inquiry may employ 501 expense of, how paid 501 Licensed to practise surgery or medicine only after registration 497 Limitation of action for malpractice 503 of prosecutions 505 List to be made by registrar a month prior to election 495 objections to 495 appeal where dissatisfied 495 evidence on 495 judge's decision final 495 conclusive as to right to vote 495 Malpractice, action for, limitation of 503 Meetings of council 496 rules for to be made by council 496 procedure at 497 Members, to be eligible for council must be registered 493 death or resignation, filling place of, vacant through 49 6 Membership annual fee 499 (See Council.) Misconduct of registered practitioner 500 More than five names voted for 495 Name erased for misconduct 500 restoration, of, authority necessary 501 may be directed without fee 501 NegUgence, action for, limitation of 503 Nonattendance of accused before committee 502 Number of members on council 493 Objections to registrar's list 495 Offences and penalties 504 practitioners omitting to register 504 unregistered person practising for reward 504 pretending to be a physician 505 assuming false title 505 Officers of council 496 1342 1905 INDEX 125 Tee figures refer to the foot paging. MEDICAL PROFESSION— Confmued. Officers of council, term of 494 Onus of proof on prosecutions 605 Originating summons, appeal on refusal to register to be by 498 Penalties 505 Persons entitled to admission to practice 497 Petition against return of member 495 to be filed 495 time for 495 what to contain 495 Physicians, homoeopathic 498 and sm-geons, college of incorporated 493 Place for elections 493 Powers of college to hold, acquire and dispose of property 493 of council, general 499 Practise, power may be granted, Registrar to admit to 498 persons entitled to 497 Practitioners, registered, rights of 603 misconduct of 500 omitting to register 504 registered under Dominion Medical Act 498 Pretending to be a physician 505 Procedure on appeal on refusal to register 498 from council to judge 502 Proceedings on nonattendance of accused 502 proof of service of notice on accused 502 Professional charges and costs recoverable by suit 603 Proof, onus of, on prosecutions 505 of service of notice on accused 502 Prosecutions, .to be heard before J.P 505 onus of- proof in 505 application of fines under 605 limitation of 505 council may stay proceedings in 505 Publication of medical register 503 Qualified to practice medicine or surgery only when registered 497 Recovery by suit of professional charges and costs 603 Register of qualified persons 497 to be printed annually 504 regulated by council, to be 491 to be open to inspection at all times 497 publication of, effect of 504 Registered practitioner, misconduct of 500 rights of 503 Registrar to manage elections 493 make out list of practitioners entitled to vote 495 when 495 duties of •■ ; 497 may be granted power to admit to practise 498 to submit returns when required to do so 505 Registration 497 evidence of 504 under Dominion Act accepted for Territorial 498 Regulations regarding elections may be made by Council 495 Report of committee of inquiry, written, may be acted on 501 Resignation from council, vacancy occasioned by, how filled 496 Restoration of erased name, authority necessary for 501 Returns, general, may be called for 505 to be under oath 505 Rights of registered practitioners 503 Rules, general, council may make 499 and regulations for meetings may be made by council 496 Salaries 496 Schedule oj^o Scrutineers at elections of council • 4J4 Seal of council to be attached to stay of proceedings 505 Service of notice on accused SOl proof of ^^^2 Short title ^^^ Six months limit for prosecutions SOS 1343 126 INDEX 1905 The figures refer to the foot paging. MEDICAL PROFESSION— Conimwed. Subpoena may be secured to procure attendance before committee. ; . , . 602 proceedings and penalties regarding 502 Term of office of council 494 Theory, particulars, adoption of, &c., not cause for erasure 500 Time for elections 493 filing petition against return of member 495 Travelling expenses of council to be paid 497 Unregistered person practising for reward 504 cannot recover charges 503 not to be appointed to office 503 Vacancy, on council through death or resignation of member 496 Votes, case of equality of 494 cast for ineligible person, to be void 494 present at count 494 at council elections must be registered 493 Voting, method of 494 for more than required number 495 papers to be preserved 495 form of 506 MERCANTILE AGENTS (See Factors and Agents.) MINES, COAL, REGULATIONS (See Coal Regulations.) MINORS, USE OF TOBACCO BY. . . .(See Tobacco, Use of by Minors.) MORTGAGES, DISTRESS FOR INTEREST ON. (See Distress for Rent.) MORTGAGES AND SALES OF PERSONAL PROPERTY. (See Bills of Sales.) (See Conditional Sales.) (See Sales of Goods.) MUNICIPAL GRANTS FOR PATRIOTIC PURPOSES. (See Patriotic Purposes.) MUNICIPALITIES. Absence of mayor or reeve, substitute 711 member of council, when to vacate seat 711 Action, illegal by-law, order, etc., by reason of 757 hmitation of 757 municipality, against, remedy over in certain cases 760 negligence for 760 notice of 757 parties liable 760 tender of amends 757, 760 Agricultural societies, granting aid for 700 Agriculture, abuses to, by-laws against 700 Alleys and byways (See Highways.) Amends (See Tender of Amends.) Amusement, places of, regulating and licensing 703 regulating structure and entrances 701 Animals, cruelty to 700 driving on sidewalks 701 running at large, restraining 708 sale of impounded, place of 709 Annexation and severance (See Errata.) adjustment of rights on ' (See Errata.) order for (See Errata.) pubhcation of (See Errata.) petition for (See Errata.) Appointment of officers, not to be by tender (See Officers of Municipality.) Arbitration (See Expropriation.) appeal from award 755 powers of court on 755 appointment of arbitrators 753, 754 notice of 753 omission to make 754 umpire 754 award, appeal from 755 1344 1905 . INDEX 127 The figures refer to the foot paging. MUNICIPALITIES— ConHrewed. Arbitration, award, copy to be furnished parties 755 majority to make 755 time for 755 to be in writing and signed 755 completion of award, time for 754 costs of arbitration 755 disputes, certain, may be settled by 753 evidence to be on oath 755 notes of, to be taken 755 to be retained 755 production of, in appeal 755 expropriation of lands, on (See Expropriation.) fees of arbitrators 755 municipal officer not to be arbitrator 755 oath of arbitrator 755 time for meeting of arbitrators 755 award 754 Arboriculture, encouraging 700 Assessment and taxation action for taxes 727 affidavit of assessor 719 appeal (See Court of Revision.) from Court of Revision 722 arrears of taxes, action for 727 carried forward yearly, to be 728 certificate as to 730 charge on land, form a 728 considered one sum 728 distress for 726 interest on 728 property in, may be subdivided in tax-books sale of land for (See sale of lands for taxes.) assessment committee, appointment and duties 717 assessment roll, affidavit of assessor on 719 alteration not permitted except by Court of Revision 721 date for completion of 719 omissions from, supplying 721 revised 673 binding effect of 722 revision of (See Court of Revision.) appeal from (See Court of Revision.) crown lands 715 farm lands 718 gardens 718 land values 719 notice of 718 nursery 718 partnership _ 718 railway property 714, 768 stock in trade 719 triennial, in rural municipalities, may be 719 vacant ground 718 assessor, appointment of officials generally 700 assessable person to give information to 718 duties of '^^'^'lll neglect of duty by 759 oath of 719 secretary-treasurer may be '^^ books to be provided and kept 728 compromising taxes . 704 crown lands, assessment of . . . :::_:j:i_ IjoT, debenture rate, d distress for taxes debenture rate, duty of secretary-treasurer regardmg 730 751 execution rate ' ■:„ exemptions , ,■ ' V ' ' ' i vnd exemptions from taxation, by-laws for nj* voting on '44 1345 128 INDEX 1905 The figures refer to the foot paging. MUNICIPALITIES— Conimued. Assessment, exemptions from taxation, general exemptions 716 income, amount assessable 714 by-law to assess 714 demand of tax from employer 726 exemptions 716 land assessment (single tax) 724 notice of assessment 718 evidence of 718 transmission of 718 taxation 726 evidence of 726 transmission of 726 poll tax 730 rates, amount limited 725 by-law authorizing 725 equally levied, to be 714 execution 751 exemptions 716 single tax 724 rebate in taxes 703 receipt book 728 revenue, raising by 699 rural municipalities 719 townsite in,of. (See Rural Municipalities.) " triennial assessment , 719 yearly revision of roll 719 sale of land for taxes (See Sale of Land for Taxes.) school taxes collection of 731 deficiency, how supplied 731 demand by trustees for 731 surplus, disposal of 731 single tax system 724 adoption of 724 optional 724 permanent, when 725 rate limited 725 rescission of 725 special rate 747 (See Local Improvements.) statute labour 731 (See Statute Labour.) taxes 727 action for 727 evidence in 727 apportionment among different rates 727 arrears of 727 certificate of 730 collection of 726 comprising 704 date when due 726 distress for 726 interest on 726 payment of, before voting 657 less than one year not to be received 729 part of property for 729 rebate for prompt payment 703 return by secretary-treasurer showing amount collected and in arrear 727 verification of 728 tax register 728 tax roll, preparation of 725 townsite, of, in rural municipalities. (See Rural Municipalities.) triennial assessment, rural municipalities, in 719 revision yearly 720 Assessor (See Assessment and Taxation.) Auditors and audit 712 appointment of officials generally 700 duties of auditor 712 1346 1905 INDEX 129 The figures refer to the foot paging. MUNICIPALITIES— Conimued. Auditors, neglect of duty by 759 oatii of auditor 758 quarterly audit 713 report of audit 713 to be transmitted to Territorial Treasurer. . . . 713 special audit may be ordered 713 Bagatelle tables, regulation and licensing 702 Banking municipal funds 712 Bicycles on sidewalks 701 Billiard tables, regulating and licensing 702 Bill posting, by-laws against 702 licensing and regulating 706 Board of Health, appointment of 704 Bonuses, and loans, by-laws for 704 for fire walls 707 railway aid 708 to manufactories, etc 704 Borrowing money till taxes collected 799 on debenture 743 Bowling alleys, licensing and regulating 703 Bread, regulating size of 703 use of deleterious materials in 703 Bribery (See Corrupt Practices.) Bridges (See Highways.) construction and repair, by-laws for 700 controlling and licensing 698 expropriation of land for 700 jurisdiction over 698 riding or driving on, pace of 702 tolls on 698 Building inspectors, appointment of 707 Buildings, dangerous, removing 707 closing to use of public 707 improper, removing 704 municipal, erection of 700 exhibitions, parks, etc., for 701 public, regulation of 701 pulling down and razing at fires 704 regulating erection of, and fences 704 Burial within municipality 705 Business industries, licensing 703 bonusing 704 Butcher shops and stalls, licensing and regulating 703 By-laws, alteration, amendment and repeal 699 creating debts, granting bonuses and exemption from taxation. . 742 assent of ratepayers required. (See Creating Debts.) enforcement at cost of person in default 709 proceedings for 709 evidence of 710 general powers of council 699, 709 illegal, actions by reason of 757 liquor license, regarding 983 passage of 709 penalties for breach of 622 proving 710 quashing, apphcations for 710 time for 710 readings 709 repeal of 699 sealing and signature 709 voting on 704 Caravans, licensing and regulating 702 Carriers, common, licensing and regulating 703 Cemeteries, apphcation of The Cemetery Ordinance 698 prevention of burial within municipality 705 Census, by-laws for taking 700 Children on streets at nightfall, preventing 705 Chimneys, enforcing cleaning ; 704 regulating construction 704 1347 130 INDEX 1906 The figures refer to the foot paging. MUNICIPALITIES— Coniinwed. Chimneys, removing improper 704 . Churches, exemption from taxation 717 regulating buildings 701 Circuses, licensing and regulating 702 Cisterns, pubhc 701 Closing of shops and stores, hours for 908 Coal, compelling weighing on municipal scales 701 Coal mines, expropriation of, where property injuriously affected by. . . 700 Collector's roll 725 (See Assessment and Taxation.) Collegiate Institutes, exemption from taxation 716 Combustibles, regulations regarding 702 Commercial travellers, licensmg •. 703 Companies, stock or shares may be taken in 704 Compensation for property taken 752 Compromising taxes 704 Constables, appointment of 700 oath of 758 before whom to be taken 758 neglect of duty 759 Contagious diseases, by-laws regarding 700 Contract, breaches of, in market 701 Controverted elections, costs in case of disclaimer 691 generally tariffs 691 deputy returning officer may be party 688 disclaimer of seat 690 costs 691 forms to be prescribed 691 inquiry, scope of 689 issue of writ 688 judge, powers of 689 judgment, declaring seat vacant, action 690 enforcement of 691 final 691 one, on several writs 688 to be record 691 proceedings, against two or more 688 institution of 687 relator, claiming seat 688 who may be 690 returning officer may be party 688 return of writ, time and place of 688 rules of court 691 service of writ 688 sheriff, duties and powers in 690 trial in chambers 690 writ, issue of 688 several, one judgment 688 time and place of return of 688 Corporate powers 674 Corrupt practices 686 by-law procured by, quasliing 756 candidate guilty of disqualification . . . .' 689 judge to report persons found guilty of 689 lawful expenses, what are 687 limitation of time for proceedings 690 list of persons guilty of, to be kept 689 penalty for 689 recovery of 689 voter disqualified 689 witnesses on hearing of charges 689 compelling attendance of 689 fees of 689 Council, by-laws, general powers of- passing 699, 707 passage and execution of 709 repeal of 699 committees, appointment of 699 equality of votes, question negatived , 711 existing, continued 674 1348 1905 INDEX 131 The figures refer to the foot paging. MUNICIPALITIES— ConHnued. Council holds office till successors elected 698 mayor or reeve may vote 711 meaning of term 672 meetings of, caUing, regulations for 699 first meeting 698 members 674 interested not to vote 675 oaths of office and qualifications 757 procedure in 699 qualification for 675 oath of 758 quorum 698 reading of by-laws 709 regulation of procedure 699 remuneration of members 699 vacancies, filling 711 by nonattendance 711 by resignation 711 Councillor, disclaimer of office 690 disqualification for diverting moneys from proper account. . . 730 election by corrupt practices 689 holds office till successor elected 698 interested in question, not to vote 675 magistrate, being, may try charges 759 oath of office and qualifications 658 quafifications 675 remuneration of 699 resignation 711 term of office 678 vacancies, filling 711 Court houses, exemption from taxation 707 Court of revision Appeals to, from assessment adjournment of 720 appearance in person or by agent 722 clerk of 720 complaints to be tried 720 completion of duties by certain date 720 constitution of 720 evidence before 720 hearing and determination of complaints 722 fist of appeals to be published 721 given assessor 722 local assessment, from 748 notice of appeal 720 date of hearing to be given parties 722 omissions in assessment roll 721 remedying 721 parties failing to appear 722 proceedings of 720 quorum 720 revised roll effect of 722 what is 673 witnesses, compeUing attendance 720 conduct money 720 Appeal from, to judge amendment of roll on 723 clerk of the court 723 costs 1^24 date of determination of appeals limited 723 hearing to be fixed 720 decision final, exception 724 intituhng process 723 list of appeals for judge 722 notice of appeals 722 hearing '23 powers of judge 724 roll, etc., to be produced ■ • • ■ • ; '^■^ Applications regarding voters' list 1349 132 INDEX 1905 The figures refer to the foot paging. MUN ICIPALITIES.— Co»i«mii«d. Court of Revision, applications, hearing of 676 list of 676 notice of 676 time for 677 of hearing to be given .... 676 powers of court 677 Creating debts, bonus loan and guarantee by-laws, petition for 742 by-laws for assent of ratepayers to, required 742 provision for repayment in (See Errata.) contents of by-law for 743 debentures, date of 743 form of (See Errata.) extension of time for existing debentures 743 limit of amount 742 period for which debt contracted 743 power of, not diminished (See Errata.) purposes of expenditure 742 repayment of, provisions for in by-law. . . . (See Errata.) voting on by-law for 744, 746 Crossings, repair of 698 Cro\\Ti lands, assessment 714 exemptions from taxation 716 sale of, for taxes 738 Cruelty to animals, by-laws for prevention of 700 Culverts, repair of 698 Curfew bell, bj^-law for 705 Curling rinks, licensing 703 Damages, suits against municipality for, by reason of illegal by-law, etc . . . 757 negligence 760 excavations, etc. . . . 760 remedy over. . . 760 (See Expropriation.) Dangerous buildings or erections, removal of 707 materials, compelling removal of 702 regulation of keeping, etc 702 Debentures duty of secretary-treasurer as to moneys levied for 730 council as to moneys levied for. (See Creating Debts.) 729 Debts, by-laws for contracting. (See Creating Debts.) Defacement of property, by-laws against 706 sign boards, etc., by-laws against 706 Defaulters' list (See Elections.) 677 Disclaimer of seat in council 690 Diseases, contagious or infectious 700 Disqualification, by corrupt practices 689 diverting moneys from account for which levied 730 for election to council 675 from voting for nonpayment of taxes 727 Distilleries, by-laws regarding 702 Distress for taxes, costs chargeable on 727 levy of 726 sale of distress 726 surplus, arbitration as to disposal of 727 time for, limited 726 Districts, for livery stables, by-laws for defining 709 Dogs, killing, when at large 703 tax on owners or harbourers " 703 Drainage, term defined 673 by-laws regulating 701, 707 Draymen, licensing and regulating 703 Drink, inspection of 707 regulating sale of 707 Driving, regulation of pace of on bridges 702 Early closing 708 Elections, agents of candidate 679 annual 679 ballot, destruction of after election 685 form of 763 1350 1905 • INDEX 133 The figures refer to the foot paging. MUNICIPALITIES— ContTOued. E lections, ballot, inspection of 686 objected 683 rejected 683 spoiled 683 ballot boxes, papers, etc., disposition after election 685 inspection of, order for 686 bribery (See Corrupt Practices.) candidates, qualification of 675 before assessment roll prepared 675 withdrawal of 679 certificate of result to be given candidate 685 compartments for voters 681 constable at polls 681 controverted elections (See Controverted Elections.) corrupt practices 686 declaration of election 685 defaulters' list 677 copy to be supplied deputy returning officer 681 deputy returning officer, absence of 680 appointment of 678 duties at poll 681, 685 oaths of 678, 685 directions to voters 681 disclaimer 690, 691 disqualification (See Disqualification.) electors (See Elector.) expenses 686 of candidate, what are lawful 687 final count and declaration 685 interference with 759 nomination, consent required, 678 meeting 678 notice of 678 proceedings at 678 oaths, deputy returning officer 678, 685 election officers and agents 677 voters 679 offences and penalties 759 penalties 758 for corrupt practices 689 voting twice 680 place of holding 677 poll, close of, proceedings at 683, 685 conduct of 681 opening of, proceedings at 681 to be declared, when r 679 polling, notice of 679 poU book, oath to be annexed to 684 inspection of 684 poU clerk, appointment of .' 680 powers of 680 oath of 678 polling places 677 qualification of candidates 675 returning officer, appointment 677 ballots, etc., duty as to 680 casting vote 685 deputy, may act as 685, 686 final count by 685 oath of , 685 secretary-treasurer ex officio 685 vote of 685 secrecy of voting ■ • ^^^' loc secretary-treasurer to be retummg officer 685 destroy ballots after three rnonths 685 keep ballot boxes after election 685 prepare defaulters' list, 677 prepare list of applications for amend- ment of voters' list 676 1351 134 INDEX • 1905 The figures refer to the foot paging. MUNICIPALITIES— Ooniiraued. Elections, secretary-treasurer to prepare voters' list 675 supply voters' lists to deputy returning officers 681 time of holding 677 vacancy, in case of 711 voters' default in payment of taxes 677 list of 675 (See Voters' List.) 675 qualification of 677 voting, evidence of having voted 680 more than once, penalty 680 Elector, disqualification for bribery 689 nonpayment of taxes 677 qualification 677 term defined 672 Electric light and power plant, erection or operation by municipality.. . . . 705 shares in, municipality holding 705, 706 Elevators, building, owning, etc., by municipality 704 Employment offices or agents, licensing and regulating 703 Erection of villages into towns application for 692 proofs with 692 by-laws of village to continue 694 census of village for 692 election on before assessment roll 693 confirmed 693 ehgibility for 693 first 693 nominator, qualification of '. . , 693 returning officpr, appointment of 693 to be secretary-treasurer 694 term of office of councillors 693 mayor 693 voters at, qualification of 694 declaration by 694 form of (See Errata.) penalty for false 694 lands included 693 Municipal Ordinance to apply after 693 overseer to deliver property to secretary-treasurer 694 population necessary 692 proclamation for 692 property of village passes to town on 695 resolution of callage for 692 voting on 692 rights of action to continue 695 secretary-treasurer, returning officer to be 694 suits to continue 695 taxes of village to be paid to town 694 title to village property passes to town 695 Village Ordinance, certain provisions of to apply 694 village taxes to be paid to town 694 Estimates (See Finances.) 125 Evidence, by-laws, of 709 delivery of assessment notice 718 delivery of tax notice 726 taxes, in action for 726, 727 voting, that voter has voted 680 Executions addition of rate to tax roll 751 against municipalities 751 djrection to sheriff 751 levy of rate for 751 officers of municipality to be officers of court for 752 rate, striking 751 to be added to tax roll 751 service of writ and demand 751 sheriff's precept 751 surplus, disposition of 751 1352 1905 INDEX 135 The figures refer to the foot paging. MUNICIPALITIES.— Cojrfmwed. Executions, tax roll, rate to be added to 751 Exemptions, by-laws granting 704 from taxation 716 717 of townsite in rural municipalities 716 general 7I6 Exhibitions acquiring land, building, etc., for 707 • licensing and regulating, by-laws for 702 management of 708 Existing municipalities continued 674 Expropriation of land 752 arbitration of amount to be paid 752 (See Arbitration.) bridges,for • 700 buildings, municipal, for 700 coal mines endangering property 700 compensation to be made 700 costs where tender made 753 guardians, trustees, etc., may act for those they repre- sent 752 highways, for 700 municipal buildings, markets, etc., for 700 owners unknown, appointment of representative 752 persons under disability, appointment of representative 752 sums awarded, to be subject to same charges as land. . 753 retention of, pending valid acquittance. 752 tender, municipality may make 754 Feed stables, licensing and regulating 703 Fences, regulating erection of 704 Ferries, controlling and licensing 698 tolls on 698 Finances, municipal accounts, separate to be kept 729 apportionment of taxes collected 729 auditors and audit 712 publication of report 713 banking of moneys 712 council diverting from proper accounts 730 estimates to be made 725 mayor or reeve to report on 710 moneys diverted from proper account 720 secretary- treasurer, duties regarding. . 712 sinking fund 730 investment of 705 duties of secretary-treasurer regarding 729, 730 Fines 758, 759 (See Penalties.) Fire arms, prohibiting discharge of 705 Fires and fire protection, apparatus, purchasing or renting 701, 704 compelling assistance at fires 704 engines and equipment, purchase of 704 fire department and officers 704 fire districts 704 general powers regarding 704 pulhng'down buildings at fires 704 water supply, contracts for 701 ratification of 701 Fire-escapes, by-laws for regulating 701 Fire walls, building and bonusing 707 Food and drink, inspection of 7^7 regulating sale of 707 Form A. — Notice of nomination meeting 761 B. — Notice of polling .- 762 C— Ballot 763 D. — Directions for voting '^^ E.— Voters' list , 7°^ F. — Assessment roll 7bb G. — Transfer on sale of land for taxes ._...... /b/ H.— Declaration of voters at first election of town (See Errata.) 1353 136 INDEX 1905 The figures refer to the foot paging. MUNICIPALITIES— Coniiriwed. Goals and lockups, erection of 700 exemption from taxation 717 Gardens and walks, public, acquiring land for 708 care of 708 erection of buildings and fences 708 management of 708 , Gas and water pipes, by-laws authorizing lajdng 701 Gas works, by-laws regarding 702 erection or operation 705 shareholding by municipality 705 Government and good order, by-laws regarding 705 Grain, exempt from taxation 717 Grist mills, bonusing 704 building, operating, etc., by municipality 704 loans to 704 Guaranteeing debentures of companies, by-laws for .' . . 742 Guides, licensing and regulating 703 Gun powder, regulations regarding 702 Hackmen, licensing and regulating 703 Halls, municipal 700 erection of 703 expropriation for 700 public licensing and regulating * 703 structure and entrances, regulating 701 Hawkers, licensing and regulating 703 Health (See PubUc Health.) board of -. 700 by-laws regarding 700 nuisances, removal of 702 officers, appointment 700 scavengers 700 Highways, between or adjacent to municipalities 698 construction and repair 700 , defined 673 expropriation for 700 incumbering 702 jurisdiction over 698 obstructions or projections, removal 706 sidewalks, etc., construction and repair of 698, 701 trees on, by-laws for 700 Hiring teams, etc., at elections or by-law vote 687 Homesteads, assessment of unpatented 714 Hospitals, erection, maintenance regulation and aid of 705 exempted from taxation 717 Householder, defined 672 Household effects, exemption from taxation 717 Houses of iU-fame, penalty for breach of by-law regarding 759 Impounding animals, by-laws for 708 Income, assessment of 714 exemptions as to 717 (See Assessment and Taxation.) Income tax, amount assessable 714 assessment of 714 demand of tax from employer 730 exemptions 717 Incorporation of towns in rural municipalities. (See Rural Municipalities.) Indemnity of councillors 699 Indians, Indian department, exemptions from taxation 716 Industrial farms, acquiring land for 707 erection of buildings, etc 708 management of 708 Infectious diseases, by-laws regarding 700 Inspectors of streets and buildmgs, appointment 707 Insurance companies, licensing, officers and agents 703 Intelligence oflSces, licensing and regulating 703 Interpretation 672, 673 Intimidation at elections 686, 687 Irrigation works, exemption from taxation : 717 1354 1905 INDEX 137 The figures refer to the foot paging. MUNICIPALITIES— Coniinued. Judge, term defined 673 report by, of persons guilty of corrupt practices 689 (See Court of Revision.) Junk stores, licensing and regulating 706 Justice of the peace, councillor being 759 Land, meaning of term 672 (See Expropriation.) Libraries, pviblic, exempt from taxation 716 Licenses, occupations and callings, various 702, 706 fixing and collecting fees and penalties does not exempt from ordinary assessment 709 regulating amount and collection of prices and fees chargeable by licenses 709 protection of 709 liquor, by-laws regarding 686 Light, electric, contracts for corporation purposes 707 municipality may operate 705 Limitation of time for actions for damages by nonrepair 698 apphcation to quash by-law 756 distress for taxes 726 prosecutions for corrupt practices 690 Literary institutes, by-laws for granting aid to 701 Livery, feed and sale stables, licensing and regulating 703 districts for, defining 709 Loans, till taxes collected 699 on debenture 742 (See Creating Debt.) Local improvement and assessments assessment 742 appeal from 748 result to vary other assessments proportionately 749 assent of electors when required 750 by-laws for 747 contents of 749 improvements completion of work 748 by succeeding council 748 "Local improvement" meaning of 747 notice to owners 748 petition for 748 special frontage assessment 747 notice of 748 ( Lockups, erection of 700 Locomotives 706 (See Railways.) Lot, meaning of term 637 Manufactories bonusing 704 building, operating or shareholding 704 loans to 704 regiilating 701 Markets breaches of contract in '01 erection of 701 establishment of 701 regulations 70 j scales, municipal, estabhshment 701 seUing on streets, by-laws regarding 701 weights and measures in 701 Mayor • • ; _, , absence of, appointment of substitute ^i i duties of 710 oaths of office and quahfication 'os meaning of term „ o72 term of ofiice 678, 675 vote in council .• ■■ ■.■ ■ • 'i^X Mechanics institutes, by-laws for grantmg aid to iw Meetings of council ._ „ first meeting oy» 1355 138 INDEX 1905 The figures refer to the foot paging. MUNICIPALITIES— Continued. Meetings of council, regulations may be made as to calling 699 special 711 of ratepayers, annual 711 Menageries, licensing and regulating 702 Milkdealers or carriers, licensing and regulating 702 Mills bonusing 704 building, operating, etc 704 loans to 704 Municipal buildings erection of 700 expropriation of land for 700 Municipality, actions against (See Actions.) by-laws of (See By-laws.) rural (See"Incorporation of towns in rural municipalities.") council of (See Council.) general rights and obligations 674 meaning of term 672 officers of (See Officers.) property of, exempt from taxation 717 rural 674 town 674 Neglect of duty by officers 759 Nomination (See Elections.) 678 Nonresident, resident defined, 673 Notice of action by reason of illegal by-law 757 tender of amends 757 Notices, by-laws against pulling don n or defacing 706 Noxious weeds, compelling destruction of 704 Nuisance ground, purchase of 704 Nuisances, compelling removal 702 Oaths, office of 758 before whom taken 758 persons present at polling places, of 678 qualification, of 757 voter's 679 Occupant, meaning of term 673 Offences and penalties (See Penalties.) Officers of municipalities, appointment not to be by tender 699 by-laws for appointment of 700 duration of office 699 duties to be defined by council 699, 701 liabilities of 699 neglect of duty by 759 security from 699 Omnibus drivers, licensing and regulating 703 Opera houses, licensing and regulating 703 Owner, meaning of term 692 Parks, acquiring land for 708 by-laws regarding 707 care of 708 erection of buildings and fences 708 management of 708 Partnership property, assessment 718 Pawnshops, licensing and regulating 706 Pedlers, licensing and regulating 703 Penalties, ballot, offences against 758, 759 bribery at elections 689 enforcement of 9 infringement of by-law regulation shows, etc 703 interference with voter 759 neglect of duty by officers of municipality 759 powers of municipality to inflict 759 proceedings for offences 9 property for municipality 760 secretary-treasurer failing to provide ballot box 758 voting twice 680 Petition for introduction of by-laws 742 "Personal estate" meaning of term 672 1356 1905 INDEX 139 The figures refer to the foot paging. MUNICIPALITIES.— Cowiintied. "Personal property" meaning of term 672 exemptions from taxation . . .■ 717 Places of amusement, licensing and regulating 703 regulating structiu-e and entrances 701 Policemen and patrols, appointment of 700 Poll (See Elections.) Poll tax, amount of tax 730 appointment of collection 730 demand for payment 730 from employers 730 levy for distress 730 persons liable for 730 Pollution of water, by-laws regarding 705 Pool tables, licensing and regulating 703 Poor, relief of, by-laws for 700 Porters, licensing and regulating 703 Posting notices, etc., by-laws against 702 Pounds, provision of 708 Poundkeepers, appointment of 708 Privy vaults, by-laws regarding 702 Property, protection of, by-laws for 705 of town, disposition of where not required, by-laws for 709 Proprietor, meaning of term 672 Public buildings, closing to public when dangerous 707 inspection of . . .' 707 municipal, erection of 700 expropriation of land for 700 regulation of structure and entrances 701 Public places, gas and water pipes under, by-laws for 702 incumbering of 702 obstructions or projections, removal of 706 trees on, by-laws for 700 Quahfications (See Disqualification.) councillor 675 mayor 675 oath of property qualification 757, 758 before whom taken 758 voter 677 Quashing action by reason of illegal by-law, limitation of 757 notice of 757 parties to 757 tender of amends 757 costs 757 by-laws, orders or resolutions 756 corrupt practice, procured by 756 costs 756 procedure on application 756 proceedings on by-laws stayed, when 757 time for application 757 Quorum of council 698 Quo warranto ^°'> "°° (See Controverted Elections.) Railways, aid to 708 assessment of property ■ 714 (See Assessment of Railways.) bells and whistles 706, 707 bonusing ■ 76^ by-laws, breach of, persons liable 70b, 707 loading or unloading, regulating 706, 707 loans to ; • : ■jna In^ obstruction of streets by trains, preventing 7Ub, 70/ permitting on streets .■■,■, V Ini. compensation for damage by /Ub regulating speed of oars. .,..._. 706, 707 trains and engines 70b, /O/ use of engines on 706, 707 service of documents on for breach of by-laws 706, 707 Ratepayers, meeting of before election. ■ • ■ ■ - I' " :,rr" :,■ ' { Rates (^®^ Assessment and Taxation.) 1357 140 INDEX 1905 The figures refer to the foot paging. MUNICIPALITIES.— Coniinued. "Real estate," "real property," defined 672 Real estate dealers and agents, licensing and regulating 703 Rebate on taxes for payment before certain date 703 Reeve (See Council.) absence of, appointment of substitute 711 duties of 710 meaning of term 672 oath of office and qualification 757, 758 before whom taken 758 qualification for office 675 vote in council 711 R.elief of poor, by-laws for 700 Remuneration of councillors, by-law for 699 Repeal of by-laws allowed, exceptions 699 Reservoirs, public 701 "Resident," defined 673 Resignation by disclaimer 691 councillor, of 711 Returning officers 677 (See Elections, By-laws.) Revenue, by-law for raising , 699 "Revised assessment roll" meaning of term 673 (See Assessment and Taxation.) Riding and driving, regulation of pace 702 on bridges 702 Ruad overseer 731 (See Statute Labour.) Roads and bridges 698, 700 (See Highways.) Roller rinks, etc., licensing 703 Rural municipalities assessment in triennially 719 revision of roll yearly 719 council of 674 incorporation of towns in assessment roll, secretary-treasurer to furnish 695 assets, adjustment of 697 conditions for 695 election, first councillors, qualification of 696 mayor, qualification of 696 nominator, qualification of 696 returning officer, appointment of 696 secretary-treasurer, to be 697 term of office of councillors 697 mayor 696 voters, qualification of 697 liabilities, adjustment of 697 order for 695 notice of 695 contents of 695 question to be submitted 696 secretary-treasurer to furnish assessment roll 695 taxes, arrears of 697 payable to town, to be 697 voting, cojmcil, for (See Election.) on incorporation, order for '..:... 695 majority necessary 696 returning officer 695 certificate of 696 notice by 695 voters, qualification of 696 name of body corporate 674 notice of sitting of court of revision 719 delivery of notice of appeal 720 taxation of townsite in by-law for 715 assent to 715 contents of 715 1358 1905 INDEX 141 The figures refer to the foot paging. MUNICIPALITIES— Conimwed. Rural, notice, taxation, by-law, effect, when to take 715 provisions affecting 715 voters on 716 obligation, date of 715 execution rate 716 exemptions 716 Sale of impounded animals, by-law for 709 Sale of land for taxes adjournment of sale 735 advertisement, contents 734 cost of to be added to arrears 734 auction, to be by 735, 736 certificate to ptirchaser after sale 736 costs to be added 734 Crown lands sold, effect of transfer 738 date and place of sale 735 taxes considered due 726 informalities not to avoid 738 invalid, liability of municipality 738 lands in arrear, all saleable to be advertised 735 list to be made 734 omissions not to affect sale, etc 735 liability of municipality regarding sales limited 735 municipality purchaser if no bid 735 place and date of sale 735 purchase money, how payable 735 failure to pay 736 purchaser's right as to land 736 ceases on redemption 736 record of sale to be kept by secretary and mayor for in- spection 736 redemption, amount required 736, 737 by unauthorized person 737 notice to be given purchaser 737 receipt to be given 736, 737 time for 737 secretary-treasurer not entitled to commission on moneys collected by 737 suit questioning, notice to be given secretary-treasurer 740 tax sales fund account of balance purchase money over taxes 739 claimant against, estopped from questioning. 739 sale exception of certain lands 740 claims against, procedure by application to judge 738,739 fees payable 740 moneys in fund over six years, forfeiture. ... 738 municipality party to application 740 costs of 740 secretary-treasurer to give statement of 738 suit brought questioning sale, notice to secretary-treasurer 740 balance to be held pending 740, 741 exception of certain lands 741 time of 736, 737 transfer, fee to secretary on 737 form and effect 737 certain errors not to vitiate 737 cancels prior charges on land. 738 conclusive after one year, exception 738 confirmation of by judge 737 setting aside 738 upset price 735 warrant to secretary to sell ^34 Sale stables, licensing and regulating 7U3 Scales, municipal, compelling use of 'Ui fees, regulation of ^Ui Scavengers, appointment of '"^ 1359 142 INDEX 1905 The figures refer to the foot paging. . MUNICIPALITIES— Conimited. Scavengers, Ucensing and regulating 706 Schools, exempt from taxation 716 School taxes, demand by trustees for 731 collection of 731 deficiency, how supplied 731 surplus to be paid to trustees 731 Seal, corporate ; 674 Second hand stores, licensing and regulating 706 Secretary-treasurer, appointment of 712 assessor, niay be 712 audit of books 712, 713 (See Auditors and Audit.) books and accounts to be kept by .■ 712, 729 (See Assessment and Taxation.) debenture interest or sinking fund, duties regarding. 730 duties of, generally 712 elections, duties in connection with (See Elections.) holds office during pleasure 712 neglect of duty by 759 oath of 758 before whom taken 758 returning officer, unless otherwise directed 685 security from 712 time for 712 sinking fund, duties regarding 730 statement by, monthly 730 substitute for collection of taxes 729 taxation, duties regarding (See Assessment and Taxation, Taxes.) vouchers to be exacted and retained by 730 Security from municipal officers 699 Severance (See Annexation and Severance), (See Errata.) Sewers 701, 707 (See Drainage.) to be kept in repair 698 Shops and stores closing at specified hour 708 Short title of Ordinance 672 Shows, licensing 702 infringement of by-law, penalty 702 Sidewalks, animals, driving on 701 bicycles on 701 building and repairing, by-laws for 701 cleaning, enforcing 701 removal of obstructions or projections 701 repair of 698, 701 Signboards, pulling down or defacing :-.... 706 Single tax 724 Sinking fund 730 (See Finances.) duties of secretary-treasurer regarding 730 investment of 705 Skating rinks, licensing •» 703 Slaughter houses, by-laws regarding 702 Special rate, levy on 742 (See Assessment and Taxation, Local Improvement.) Statute labour, amount due by each person 732 commutation by tree planting 700 for term of years by work in one year . . . 732 how collected 732 by neglect to perform 732 penalty for nonpayment 732 list of persons liable, to be delivered overseer 732 notice of intention to commute 733 places of performance of labour 732 road overseer to call on parties to perform work 731 liable to council for due performance 732 to report refusal to work 732 tax may be substituted 733 1360 1905 INDEX 143 The figures refer to the foot paging. MUNICIPALITIES— CojUmwed. Statute labor, work to be within four miles from home of party liable 733 under direction of overseer 732 Stock in companies, municipality subscribing for 704, 705 railway 708 Streams, between or adjacent to municipalities, jurisdiction over 698 preventing pollution of 705 Street inspectors, appointment of 707 Street railway 706 (See Railway.) Streets, gas and water pipes under 701 incumbering 702 obstructions or projections, removal of 706 naming or numbering 707 selling on by-laws regarding 701 Suppression of vice, by-laws for , 705 Tanneries, by-laws regarding 702 Taxable person, term defined 673 Taxation (See Assessment and Taxation.) Taxes (See Assessment and Taxation.) action for 727 evidence in 727 apportionment among different rates 729, 730 arrears of 728 certificate of 730 collection of 726 compromising 704 date when due 726 distress for 726 interest on 728 payment of, before voting 677 for less than one year not to be received 729 part of property for 729 rebate for payment before certain date 703 return by secretary-treasurer, showing amount collected and in arrear 727 verification of 727, 728 Tax roll 725 Tax sale fund 738 (See Sale of Land for Taxes.) Tax transfer (See Sale of Land for Taxes.) Telegraph and telephone, licensing companies and offices 703 Telephone, erection, operation or shareholding by municipality 705 Tender of amends for right of action by reason of illegal by-law 757 negligence 760 of amount of compensation or damages in arbitration cases, effect of 753 Theatres, licensing and regulating 703 regulating buHdings 701 Towns, council of 674 erection of villages into (See "Erection of Villages.") incorporation of in rural municipalities. (See Rural Municipalities.) name of body corporate 674 Townsite, taxation of in rural municipalities. (See Rural Municipalities.) Trades, regulation of certain 103 Trains ■ 706 (See Railways.) Treasurer (See Secretary-treasurer.) Trees, planting and protection of, by-laws for 700 Universities, exemption from taxation 716 Vacancies in council, election to be ordered 711 how occurring '11 Lieutenant Governor may fill 674 Villages, erection of into towns (See "Erection of Villages.") 692 Votere . (See Elections.) deifauiters as to payment of taxes, list of 701 disqualified before election. 67b by corrupt practices 689 qualification "' ' Voters' list ZZ 1361 144 INDEX ' 1905 The figures refer to the foot paging. MUNICIPALITIES— Con^inwed. Voters'list, applications to amend 676 hearing 677 list to be published 677 notice of 677 notice of hearing 677 court of revision 677 powers of 677 defaulters' list 677 deputy returning officer to receive 681 names improperly on list or disqualified before election 676 omitted, addition of 675 removal of or substitution 676 preparation of 675 Voting (See Elections, By-laws.) Watchmen, appointing 700 Water closets, by-laws regarding 702 dealers, licensing and regulating 703 pipes, by-law to authorize laying 701 supply, contracts. for, by-laws regarding 701 supply, contracting for, for fire protection 701 for use of corporation 707 outside of municipality 710, 761 by-laws for confirmed 710, 761 preventing pollution of 705 works, erection, operation or shareholding by municipality 705 Wax works, licensing and regulating '. 703 Weigh-houses, erection of 701 Weights and measures (See Markets.) municipal scales 701 Wells, pollution of, preventing 705 public 701 Women voters 677, 745 MUTUAL FIRE INSURANCE. Annual returns, to registrar 1202, 1203 special returns to 1203 Assignment of property insured 1204 Assessment, default in payment, policy void 1206 manner of^ 1205 note to be given up after term of contract 1207 to be retained when 1207 notice of 1206 part payment in premium note 1205 to be pro rata 1206 Board of directors, borrowing powers of 1199 loans from director forbidden 1200 to directors forbidden 1200 general powers of 1198, 1200 manager may be director 1199 may adopt tariff and rates 1198 Branches or departments 1208 apportionment of expenses 1208 business to be kept separate 1208 separate branches 1208 Cancellation of policy . . , , 1204 effect of ^ 1204 Cash premium insurance 1207 policy holders not to be members of company 1208 short term policies may be issued 1207, 1208 Company, certificate of agreement to form 1195 form of 1195, 1196 to be filed. 1196 evidence of 1196 to be in duplicate 1196 first general meeting of 1196 forfeiture of corporate powers 1197 incorporation of 1196 fee of 1196 may accept premium note 1205 1362 1905 INDEX 145 The figures refer to the foot paging. "3 MUTUAL FIRE INSURANCE— Conimwed. Company, powers of 1197 provisional directors to appoint officers 1197 Contract of insurance not to exceed three years 1204 amount of risk limited ■ 1204 may be renewed 1204 validity of 1204 Directors, board of, to manage affairs 1198 entitled to travelling expenses 1200 failure of election on proper day 1198 first, number of 1198 may exercise powers 1197 payments voted to at annual general meetings 1200 provisional, appoint officers 1197 term of office 1198 Fire insurance policy ordinance to apply to mutual policies 1208 Insurable property, what is 1203 Interpretation 1195 Judgment against a mutual company not to issue for sixty days 1208 Limit on right to hold lands 1208 Meetings, annual 1201 first general 1200 notices of 1201 quorum at 1201 special 1201 votes at 1201 Members, admission of 1200 applicant not a member 1200 defined 1195 limitation of liability • 1200 may withdraw with consent of directors 1200 "Mutual Insurance" defined 1195 "Mutual Fire Insurance Company" or "Mutual Company" defined 1195 Officers and records ■ 1201 auditors of company to be appointed , 1202 full record to be kept 1201 treasurer to give security : . ■■:■' 1201 Powers of company 1197 provisional directors may exercise 1197 Premium note defined 1195 (See Assessments.) Receiver, to effect re-insurance if funds are available 1209 to fiile statement 1209 Registrar, defined 1195 annual returns to . : 1202, 1203 Re-insurance 1204 Reserve fund, to be property of company 1207 Short title 1195 Treasurer, to give security 1201 Voidance of policy on default in payment of assessments 1206 Winding up 1208 NOTARIES PUBLIC. Appointment 3^2 Must be residents of Territories 372 Powers, rights and profits 372 Commission, fee for 372 duration of 372 date of expiry to be noted on certificate 372 penalty for omission 372 NOXIOUS WEEDS. Costs of destruction, recovery of ■ • y°| unpaid to be added to local improvement assessment 9ol certificate of 9ol Cropped lands, on •_ °^^ Description of weeds included in «*» Destruction of, cropped lands, on 9^^ inspector, by ^^'^ costs of 9°1 1363 146 INDEX 1905 The figiires refer to the foot paging. NOXIOUS WE-EDS— Continued. Destruction of, irrigation company's lands, on 950 occupier, by 950 owner, by 950 railway lands, on 950 roads, on 950 Inspector, appointment of 949 notice by 950 penalty 952 Interpretation 949 Local improvement district, costs to be added to assessment of 951 secretary to enter against lands 951 Mill and elevator refuse 952 Neglecting to destroy, penalty for 950 Notice by inspector to destroy 950 Officers, appointment of 949 Owner and occupant, duty of 949 notice to 950 Penalty, inspector, for violation of duty by 952 neglecting to destroy 950 violation of ordinance 952 Procedure where notice disregarded 950 Roads, who deemed owner of 950 Sale of seeds or grain containing 951 cleanings containing 951 Short title 949' Straw, burning of, after threshing 950 Threshing machine to be cleaned 952 Unoccupied lands, duty of inspector as to 950 owner's duty 950 OATHS, COMMISSIONERS TO ADMINISTER. (See Commissioners to Administer Oaths.) (See Interpretation Ordinance.) OFFICIAL AUDITORS. Appointment 1064 Duties 1064 Fees 1064 OFFICIAL GUARDIAN (See Judicature.) ORDINANCES, FORM AND INTERPRETATION. (See Interpretation.) PARTNERSHIPS, LAW OF. Accounts, right of partner or personal representative to 1045 Assets, rules for distribution of on dissolution 1049 Assignee of partner, rights of 1046 Assignment for benefit of creditors postpones rights of lender to partner 1040 vendor of good will 1040 Books of, partner's right to inspect 1045 Commencement of Ordinance 1053 Continuation of, terms of , 1045 what constitutes 1045 Creditors, rights of against apparent partner 1047 preferred to special partners 1052 Defined 1039 Determination of 1045 (See also Dissolution.) Dissolution of, application of firm property on 1048 authority of partners continue after winding up 1048 by expiration or notice 1046 court 1047 causes for 1047 ' death or assignment 1046 fraud or misrepresentation, for 1048 illegality of partnerships 1047 notice of, under sec. 12, cap. 45 1047 partner may give public notice of 1048 1364 1905 INDEX 147 The figures refer to the foot paging. PARTNERSHIPS, LAW OF— Continued. Dissolution of premium, a|)portionment of on 1048 rights of third parties on 1047 rules for distribution of assets on 1049 share of retiring or deceased partner is a debt 1049 Estate of deceased partner, liability of 1048 Existence of, rules for determining 1039 Expulsion of partner 1045 Firm, change in, revokes continuing guaranty 1043 defined 1041 name defined 1041 Forms 1053 Fraud, dissolution for 1048 General partners (See Limited.) Guarantee, continuing, revoked by change in firm 1043 Interpretation 1039 Legal representative of partner, right of to accounts 1045 Limited, actions to be by and against general partners 1051 application of Ordinance to 1052 certificate of, contents of 1050 form of 1053 filing of 1051 dissolution of 1051 firm name of 1051 formation, time of 1051 general partners in 1050 accounting by 1052 business to be transacted by 1050 liability of 1050 may be formed 1050 special partners creditors preferred to 1052 liability of 1050 privileges of 1052 refund from 1052 restrictions on stock of 1051 Majority of members of, powers of 1045 cannot expel partner 1045 Misrepresentation, dissolution for 1048 Nature of 1039 Notice of dissolution under sec. 12, cap. 45. 1047 partner may give public 1048 Partner, accounts, right of to have rendered 1045 admission and representation of 1042 application to court by, for dissolution 1047 assignee of, rights of 1046 books, access of to 1045 bound by acts on behalf of firm 1041 competing with firm, to account 1046 duties of 1044 estate of deceased, liability of 1048 expulsion of •■ • • • ■ .■ • • • • ■ ■ 1045 general (See Limited.) "holding out" by 1042 incoming, liability of 104^ interest of in firm property 1044 Uability of 1041 for wrongful act of partner ^04/ firm for act of 1041 misapplication of money by 1"42 notice of restriction of power of 1041 to, is notice to firm 1042 outgoing, liability of 1043 power of to bind firm ^^^^ public notice of dissolution by :LU4» private profit by, accounting for 1040 retirement of |J;^ . rightsof „. llll to share profits :,;■ ' t : ' ■: 'J ^ special (See Limited.) 1365 148 INDEX 1905 The figures refer to the foot paging. PARTNERSHIPS, LAW OF— Continued. Partner, trust property, use of by, for firm 1042 using credit of firm for private purpose 1041 Premium, apportionment of on dissolution 1048 Profits, private, accounting for 1045 outgoing partner shares in, in certain cases 1049 Property of, bou^t with partnership money 1044 co-ownership of land by partners 104S legal estate m, -devolution of 1043 partners interest in 1043 personal estate, land to be deemed 1044 procedure against, for partner's debt 104 4 what is 1043 Registration of 437 Retirement of partner 1045 Rights of third parties against apparent partner 1047 Rules for, determining existence of 1039 interests and duties of partners 1044 distribution of assets on dissolution 1049 of equity and common law to apply 1052 Short title. . , 1039 Terms of, varied by consent of partners 1043 Third parties, rights of, against apparent partner 1047 Variations of terms of, by consent 1043 Winding up, authority of partners in 104S PARTNERSHIPS, REGISTRATION OF. Absent members of partnership to authorize present co-members to sign declaration for them 452 authority to be filed 452 Binding effect of declaration 454 Books to be kept by registration clerk 453 Change in membership or style of partnership or in places of residence of members to be filed 452 partnership deemed existent till new declaration filed 454 Declaration of partnership for trading, manufacturing or mining purposes to be filed .- 452 to be in writing, signed by members of partnership 452 signed by present members for absent co-members 452 authority to co-members to sign for absent members to be filed 452 form and contents of 452 to be filed within six months after formation 452 effect of 454 Declaration of change in membership or style of partnership or in place of residence of member to be filed 454 Declaration by individual using trade name to be filed 452 contents of 453 to be filed within six months of assumption of trade name... 452 allegations in, binding on person signing or other actual member of partnership 454 liability of person signing declaration 454 not signing though actually a member. . . 454 of dissolution may be filed 454 Disposition of penalties under Ordinance 453, 454 Dissolution, declaration of 454 Failure to comply with Ordinance, penalty 453 Fe es for registration, etc 454 Forms, declaration of partnership 455 firm under book 455 individual index book 456 declaration of dissolution of partnership 456 Individual using trade name to file declaration within six months of assumption of same 452 contents of declaration 453 Liability of person signing declaration 454 not signing declaration though actually a member 454 Partnership for trading, manufacturing or mining purposes, declaration to befiled 452 1366 1905 INDEX 149 The figures refer to the foot paging. PARTNERSHIPS, REGISTRATION OF— Continued. Partner's rights inter se 454 Penalty for nonregistration 453 Registration books to be kept 453 "firm index book" 453 "individual index book" 453 Schedule 456, 456 PATRIOTIC PURPOSES. Certain patriotic grants confirmed 1061 Preamble 1061 PEDLERS (See Auctioneers.) PENALTIES, REMISSION OF (See Remission of Penalties.) PERSONS KILLED BY ACCIDENTS, COMPENSATION TO FAMILIES OF. (See Compensation to Families, etc.) PERSONAL PROPERTY (See Bills of Sale.) (See Conditional Sales.) (See Sales of Goods.) PERSONAL PROPERTY OF MARRIED WOMEN 466 PHARMACEUTICAL ASSOCIATION. Alterations in register from time to time to be made by registrar 525 Association, Pharmaceutical, continued 522 meetings, general and special 522, 523 time for 523 commencing, mode of 523 voting at 522, 523 notice of. 523 (See Council.) property of to be under control of council 524 Branch drug business, a registered pharmaceutical chemist must be employed in 527 By-laws, rules and regulations, council may make 524 may be amended, altered or repealed at annual meeting after notice 524 to govern time, place and manner of elections 523 Certificate of registration 525 annual ^25 Continued, pharmaceutical association 522 Council of the Association 522 composition of • 522 members of, election of 522, 523 to be conducted by registrar 523 unregistered j)erson ineligible 523 voter at, qualification of 523 entitled to vote for 7 persons 523 voting at, method of 523 persons elected 523 count of votes, persons entitled to be present at 524 equality of votes 524 term of office 523 resignation of ^^^ vacancy, filling 523 to have control of property of association .■ a- ' ynth general meeting, to have direction and management ot affairs of association ^^J Count of votes, voters present at ^^* Drugs, regulations respecting sale of 622 523 Elections ' coy Evidence of registration ^ g Examination of students must prove service m drug store ^^^ rules for 1367 150 INDEX 1905 The figures refer to the foot paging. PHARMACEUTICAL ASSOCIATION— Coretrnwed. Examination fees on, council to fix 526 subjects, council to prescribe 526 Exceptions from operation of Ordinance 528 Executors of deceased chemist excepted from Ordinance 528 Fees to be fixed by council 524 Fee for annual certificate, to be fixed by council. 525 on examination of student, council to prescribe. 526 nonpayment of, disqualifies from taking part in proceedings of association 527 Forms, voting papers 528 certificate of registration 529 poison sales re^ster 529 fraudulent entries to be erased 525 general rules and by-laws 524 incorrect entry on register to be amended 525 Meetings of association, annual general 523 with council to have direction and management of affairs of associ- ation 522 Special convening of 523 of council, voting at 522, 523 Mortgage by association 524 Officers 524 election of, at first meeting after election of council 524 Particulars, return of, regarding association to be sent by registrar to Territorial secretary 528 Penalties for infraction of Ordinance 527 Persons ineligible for election to council unless registered 523 Pharmaceutical association continued 522 powers of 522 Pharmaceutical chemist, registered person only to assume title of 527 or employee only to compound prescriptions. . . 527 disqualified from taking part in proceedings of association if fees unpaid 527 carrying on branch drug business to employ a registered pharmaceutical chemist 527 executors, etc., of deceased, may continue business while carried on by a pharma- ceutical chemist 528 Physicians and surgeons exempted from operation of Ordinance 528 may be registered as pharmaceutical chemists without examination 528 Poisons, what are to be deemed 526 declaration of 526 sale of, regulations respecting 526 list of 530 nonmember of association selling, cannot recover charges 527 Prohibitions against nonmembers 527 Property of association, control and management of 524 sale or mortgage of 524 Prosecutions, e^^dence 527 Qualifications of voters 523 of registered persons to be entered by registrar 525 Register, registrar to keep 524 persons entitled to be admitted upon 525 evidence of right to admission upon 525 amendment or erasure of fraudulent or incorrect entry upon removal from for improper conduct 527 Registrar, duties of 524, 525 appeal from 525 Registration, appeal from decision of registrar to the council 525 certificate of 525 (See Register.) Removal from register for improper conduct 527 Return by registrar to Territorial secretary when required 528 to be under oath 528 Sale by association 524 of poisons 526 Sales to physicians, druggists, veterinaries, etc.. Ordinance not to apply to 528 1368 1905 INDEX 151 The figures refer to the foot paging. PHARMACEUTICAL ASSOCIATION— Conimued. Sales by physicians, etc., to their patients, Ordinance not to apply to . . 528 by executors, etc., of- deceased pharmaceutical chemist allowed while conducted by a pharmaceutical chemist 528 Schedules 528, 530 Short title 522 Surgeons excepted from operation of Ordinance 528 may register as pharmaceutical chemist without examination. . 528 .Titles, only members of association may assume certain 527 Veterinary Surgeons, sale to, excepted from operation of Ordinance 528 Votes, equality of 524 Voters at meetings, qualification of 523 Voting at meetings 522, 523 PHYSICIANS (See Medical Pbopessions.) POLLUTION OF STREAMS. Banks defined 961 Certain sewers excepted from Ordinance 961 Pollution described 961 penalty for 961 prohibited 961 POUND DISTRICTS. Abolition of pound district 917 Advertising 924 Animal defined 913 Books. 917, 922 Boundaries 914 BuUs, when estrays 915 "Captor" defined 913 Capturing estrays 923 Causing animals to trespass •' ■ ■ 923 ChargJ 918, 924 Complaint, hearing of 921 of owner 920 Constable 916 Contagious diseases 9^^ Damages and fees 922, 919, 923 Damage done 916 Damages excessive 9^^ Definitions 91d Department defined 9id Destruction of pound 9^^ Description of animals 9^^ Diseases, contagious 9^^ "Distrainor" defined =|* Districts existing, to continue ^j* Districts may be organized, what ^j* Duties of pound keepers °j' Enclosed lands q!? Entire Animals Ordinance ^| "Estray" defined 1;% bulls : l\° Establishment of pound districts ^^^ Excessive damages ^^^ Existing districts. gj^g Feed and safe keeping ■ ^^^ Fees and damages ' g^g Fence, lawful, defined g2^ g25 Forms 023 Giving notice g2o Hearing of complaints g2g g23 Illegal impounding , '023 Impounded animals, rescuing g^g J. estrays ;;;;;; ■ ■g2o 923 Impounding, illegal. gj^g temporanly gj^g Inspector 1369 152 INDEX 1905 The figures refer to the foot paging. POUND BISTHICTS— Continued. Inspection of pound keeper's books 918 Interpretation 013 Justice, defined 913 Lawful fences 916 defined 913 Mileage : r 924 Minister, defined 913 Neglect of pound keeper 922 notice of 923 Notices . .. ■■;••■: 917,919 in districts ': . ., ., '., 924 of impounding 919 sales 924 to departitient 924 owner 924 Offences 922 Operation of Ordinance 915 Organization 914 obligation of 914 Overseer 916 Owners 917 claims of 920 complaint of •. 920 remedied by law 921 defined 913 Penalties 922, 924 Persons in charge of animals 917 Pounds, not authorized 916 books of 917, 918 Pound district, defined 914 in towns and villages 915 organization of 914, 917 Pound keepers, appointment of 917 books of , 922 defined 913 duties of " 917 offences 922 resignation of 917 scope of 920 Proceeds of sale 920 "Proprietor" defined 913 Release of animals 918 Rescuing impounded animals 923 Returns 918 "Run at large" defined 914 Safe keeping of estrays 916 Sale of impounded animals 919 charge of 924 proceeds of 920 Schedule 924 Stallions 915 Sustenance of animals 923 Temporary impounding 915 Trespassers 915 "Trespassers" defined 913 Unauthorized pound 916 Unknown owner 919 PRAIRIE AND FOREST FIRES. Actions at law preserved 964, 965 Branding and camp fires to be extinguished 963 Fire guardians, appointment of 965 powers of 965 Fires for guarding property or cleaning land 963 Information unnecessary to negative exemptions 964 Local improvement overseers, fireguards by 964 Penalties for kindling fires, etc 962, 964 Railway companies burning to prevent escape of fire 963 Short title ".■. 962 1370 1905 INDEX 153 The figures refer to the foot paging. PRAIRIE AND FOREST mUES— Continued. Spring burning for clearing land 964 Threshing engines, precautions to be taken in operation of 965, 966 PREFERENTIAL ASSIGNMENTS. . ..(See Assignments Preferential.) PRINTING, PUBLIC (See Public Printing.) PROFANATION OF THE LORD'S DAY. (See Lord's Day, Profanation of.) PROTECTION OF ANIMALS FROM DOGS. (See Animals, Protection op from Dogs.) PROTECTION OF GAME (See Game, Protection of.) PROTECTION OF HORSE BREEDERS (See Horse Breeders.) PROTECTION OF USEFUL BIRDS. Application of Ordinance 1115 Birds protected 1115 Guardians 1115 Nests and eggs 1115 Penalty 1115 Short title 1 115 PUBLIC ACCOUNTS (See Treasury Department.) PUBLIC ADMINISTRATORS AND OFFICIAL GUARDIANS. (See Judicature.) PUBLIC AID TO HOSPITALS (See Hospitals.) PUBLIC EXPENDITURE (See Interpretation.) PUBLIC HEALTH. Act, power to, of health officer, where public health endangered 197 Appointment of sanitary inspector 197 Arrest of offenders on view 201 Burial, mode of in certain cases 200 Certain offences defined 194, 195 City to appoint health officer 199 provision in case of default 199 health officer in, to report to minister 199 Clauses, penal 201 Constables, assistance of, may be required 201 arrest of offenders by 201 Contagion, permitting exposure to, penalty 197 Contagious disease defined 194 Diseases, contagious or infectious, defined 194 existing outside Territories, proscribing ingress 200 notice of to be affixed to house 196 Disinfection, formulae for 202, 203 mandatory 198 of offenders 194, 195 District, quarantine, proclamation of 198 Expenditure under Ordinance 200 urgent ^OU Fees, payment of ^00 Forms, to be supplied ^^;^ schedule of .• f"j Guardians, duties of in preventing contagion _ 194 Health officers, appointment, duties and powers 197, 198 in towns 199 reports by 199 defined 194 House, notice of disease to be affixed to iJb Infected defined ■.•,••, iq« person or thing to be isolated •!«» 1371 154 INDEX 1905 The figures refer to the foot paging. PUBLIC KEALTH— Continued. Infectious diseases defined 194 Ingress from districts affected may be prohibited 200 Instructions by medical practitioner 196 Interpretation 194 Master, duties of in preventing contagion 194 Medical practitioner, defined 194 duties of 195 instructions by 196 inspection by 197 Minister defined 194 Notice of disease to be affixed to infected house 196 Occupant of infected house, duties of, in preventing contagion 198 Offences, certain, defined 194, 195 Overseer to be sanitary inspector 198 Owner of infected house, duties of, in preventing contagion 195 Parent, duties of, in preventing contagion 194 Payment of fees 200 for necessities and urgent expenditure 200 Penal clauses 201 Penalty for assault or obstruction of health officer, constable, etc 201 destroying or removing notices 201 offences not otherwise provided for 202 neglect of duty by medical practitioner 197 to obey orders of health officer, etc 197, 201 Precautions as to burial 200 Proclamation of quarantine district 198 Prosecution for neglect to obey orders by proprietor or occupant 198 Quarantine may be declared 198 powers of health officers in district 198 period of 199 mandatory 198 regulations may be made 201 districts, proclamation of 198 Quarterly report to minister 200 Regulations may be made by Lieutenant Governor 201 Removal of persons from unfit premises 198 Reports of health officers and medical practitioners 198, 200 Sanitary inspectors, appointment, duties and powers 197 Schedule 202 Short title 194 Supplied, forms to be : 201 Tuberculosis 199 report of 199 Vaccination, regulations respecting 201 PUBLIC INSTRUCTION (See Schools.) (See University.) PUBLIC MATTERS, INQUIRIES INTO. (See Commissioners of Inquiry into Public Matters.) PUBLIC OFFICERS, SECURITY TO BE GIVEN BY. (See Security to be given by Public Officers.) PUBLIC PRINTING. Accounting for sums advanced by Treasurer 141 Advertisements in gazette 140 Announcements 140 Appointment of government printer 140 Authorisation of publication of "Gazette " 140 Certificate of government printer necessary to advance of sums by Treasurer 141 Conditions and charges for publication in and subscription to Gazette. . . 140 Documents to be printed in Gazette 140 Government printer, appointment of ' . . 140 duties of 140 salary 140 Gazette, authcr'ty 140 contents 140 advertisements 140 announcements 140 1372 1905 INDEX 155 The figures refer to the foot paging. PUBLIC PRINTING— Coraimwed. Gazette, documents 140 notices 140 ordinances 140 Persons to whom gazette to be sent 140 Queen's Printer, to refer to Government Printer 140 Salary of Queen's Printer, fixing 140 Tariff of charges, how made 140 Territorial treasurer may advance sums for stationery, &c 141 PUBLIC MATTERS, INQUIRIES INTO. (See Commissions of Inquiry.) PUBLIC SERVICE. Absence, leave at 100 due to suspension, no salary during 99 Acting head, appointment of 97 Additional hours of attendance may be demanded 99 no compensation therefor 99 Allowance, no, for extra services 99 Application of Ordinance, to public service 95 certain officers of Supreme Court 96 permanent employees of Legislative Assembly 96 Appointment of clerk of Legislative Assembly and removal term of probation 97 how made 97 acting head or officer, etc., powers and duties. 97 when effective 97 Attendance, hours of 99 Clerk of executive council and certain other employees to take oath of secrecy 97 Clerk of Legislative Assembly to take oath of office and allegiance 97 Clerk of the Legislative Assembly, appointment and removal 96 Clerks, transfer from one department to another 99 extra, employment of 99 Departments, oversight of 96 powers of deputy in absence of head 96 appointment of acting head of 97 when effective 97 Deputy, powers of in absence of head 96 Divisions of the pubhc service 96 Employees, appointment of 97 to take oaths of allegiance and office 97 suspension of 99 term of probation of 97 Extra clerical assistance and payment therefor 99 General provisions and regulations 98 Hours of attendance 99 Interpretation, "head of a department," "head" 95 "employee" 95 Leave of absence 100 Management of departments 96 powers and duties of deputy in absence of head 96 No application for increase of salary to be made 99 Oaths, clerk of Executive Council to take, of secrecy 97 clerk of Legislative Assembly and employees to take, of allegiance and office 97 to be taken, persons before whom 98 record of, to be kept 98 Organization of departments, precedence 98 division into branches, etc 98 officials required, and classification of . . . . 98 Oversight of department 96 Payment for extra services, none allowed 99 Persons before whom oaths to be taken 98 Probation of employees, term of 97 Record of oaths 98 Rules and regulations may be made 100 Salaries ' • • ^° no application for increase to be made 99 Short title 95 1 S7?! 156 INDEX 1905 The figures refer to the foot paging. PUBLIC SERVICE— Continued. Suspension of employees 99 no salary during suspension 99 Transfer of clerks from one department to another 99 PUBLIC WORKS, DEPARTMENT OF. Accounts, verification of 109 Actions to be instituted by the Attorney General 112 Acts repealed 122 Administration of department 109 of public lands 118 Annual report of department 112 Application for vesting order regarding lands required for public works . . 115 Approaches to ferries to be kept in order 119 Approval, of chief engineer necessary, of plans of land required . . . •. 114 Arbitration, disagreement solved by 115 procedure 116 Attendance of witnesses at examination, compelling 110 Attested copies of record, &c., to be prima facie evidence 112 Attorney General to institute actions 112 Bidder, lowest, when contract not given to Ill Boat or canoe, ferryman to keep, in case of low water 119 Bridges, obstructing, penalty for 121 Buildings, government, management of, &c 109 Canoe or small boat to be kept by ferryman in case of low water 119 Chief engineer, defined 107 Claim for increased compensation 115 Closing up roads 114 Commissioner, defined 107 of public works 109 duties of 109 powers of 109 to sign contracts Ill suppression of resistance to 117 Compelling attendance of witnesses 110 Compensation for lands required for public works 115 notice 115 claim for increased 115 fixed by arbitration if disagreement 115 Construction defined 107 Control of public works ' 109 Contracts to be signed by commissioner or deputy Ill tenders to be invited Ill * exceptions Ill security for performance of Ill when not let to lowest bidder Ill to enure to use of His Majesty 112 Copies, attested, of records, &c., prima facie evidence 112 Copy of subdivision plan to be filed with department 121 Declaring other works public works 110 Department, defined 107 annual report of 112 organization of 109 administration of 109 maps not private property, may be required by 110, 111 Deputy commissioner defined 107 Disposing of land and public property not required Ill public 118 District surveyor and engineer defined 107 penalty for obstructing 113 examination of witnesses by 113 District public works 112 Ditch defined 107 Drain defined 107 Duties of commissioner 109 Engineers district 112 penalty for obstructing 113 Enure to His Majesty, contracts to 112 Evidence, attested copies of records, &c., to be prima facie 112 Examination of witnesses 109 1374 1905 INDEX 157 The figures refer to the foot paging. PUBLIC WORKS, DEPARTMENT OF— Continued. Exploration for public work 114 Expropriation of lands required for public works 114 Ferry or ferries 109 inspection of 120 fees for Hcenses, disposal of 120 defined '. 107 provision for low water 1 19 licensee to provide small boat or canoe 119 Ferry, unlicensed, penalty for 120 not to injure fords 119 public 118 private 118, 119 approaches to be kept in order 119 mails not to be obstructed 119 Filing copy of registered plan with department 121 Forms under this Ordinance may be prescribed by Lieutenant Governor in Council 122 Fords, not to be injured by ferries 119 General provisions ' 121 Government buildings, management of, &c 109 Highways, public 109 obstruction of, penalty for 120 Injuring, public work, penalty for 121 Inspection and report by official valuators 117 of femes 120 Instructions, manual of, may be issued 114 Interpretation "Commissioner" 107 Interference with rights of licensed ferryman, punishment for 119 License defined 107 ■for ferries 118 fee for disposal of 120 violating terms of, penalty 120 Licensees, penalties for offences by 120 Licensed ferryman, punishment for interference with rights of 119 to provide small boat or canoe for low water 119 Land required for public works 114 expropriation of 114 application to judge for vesting order 115 compensation for 115 notice of 115 claim for increased 115 fixed by arbitration if disagreement 115 sale of, vested in His Majesty 118 disposal of public lands 118 Location and width of surveyed trails 114 Lowest bidder, when contract not to go to Ill Mails not to be obstructed 119 Maintenance defined 107 Management of Government buildings 109 Manual of instructions may be issued 114 Maps and plans, provisions for 109 not private property, may be required by department 110, 111 Mode of disposing of public property not required Ill Notice to attend examination may be sent to witness 109 of compensation for land expropriated 115 Obstructing bridges, penalty for 121 public highways 120 district surveyors and engineers, penalty for 113 Offences by licensees, penalties for 120 Official valuator, inspection and report of 117 defined 107 Opening of road on petition and payment of expenses 116 Order, vesting, appHcation for 115 Organization of department 'Vz Outlet, defined j"^ Owner, defined .•■■.• t.^ Penalties for noncompliance with notice to attend examination i lu offences by licensees 120 obstructing bridges l-'l 1375 158 INDEX 1905 The figures refer to the foot paging. PUBLIC WORKS, DEPARTMENT OF— Continued. Penalties, violating terms of license 120 injuring public work 121 unlicensed ferry 120 obstructing public highway , . . . . 120 Performance of contracts, security for Ill Person define'd 107 Petition, opening road on 116 Plans, provisions for 109 of lands required for public works 114 to be approved by cMef engineer 115 registration of, to vest streets, &c., in crown 121 Powers and duties of commissioner '. 109 Prescription of forms provided for 122 Private ferries 118, 119 Proceedings, arbitration 116 Property, public works to be, of crown 110 public, may be disposed of if not required Ill Protection of public works, penalties 120 Provisions, certain, retroactive 117 for low water at ferries 119 general 121 Public ferries 118 highways 109 lands, administration of 118 disposal of 118 road, defined 107 work, defined 107 work district, defined 107 works, control of 109 commission of 109 exploration for 114 property and control 110 survey for 114 other works may be declared 110 district 112 lands, expropriation of, for 114 survey and plan of 114 application for vesting order 115 compensation for 115 injuring, penalty for 121 protection of 120 Punishment for interference with rights of licensed ferrryman 119 Records, attested copies of, to be prima facie evidence 112 Registration of plan to vest street, &c., in crown 121 Remuneration of witnesses 110 Repealed, certain acts 122 Report, annual, of department 112 of official valuator 117 Resistance, suppression of, to commissioner 117 Retroactive provisions 117 Road allowance, defined 107 Roads closing up opening, on petition and payment of expenses 116 Sale of lands vested in His Majesty 118 not required Ill Security for performance of contracts Ill Short title 107 Subdivision, copy of plan of, to be filed in department 121 Suppression of resistance to commissioner 117 Survey and plan of lands required for public works ' 114 of trails 113 location and width 114 for public works 114 Surveyors, district 112 penalty for obstructing 113 defined 107 Tenders, inviting Ill exceptions Ill Tolls, license to specify 118 1376 1905 INDEX 159 The figures refer to the foot paging. PUBLIC WORKS, DEPARTMENT OF— Continued. Tolla, school children not to be charged llg punishment of persons refusing to pay 119 Trails, survey of ' j^jg Unlicensed ferry, penalty for running 120 Valuators, official j 17 inspection and report 117 Verifications of account IQg Vesting order, regarding lands required by public works, application for 115 Vested in His Majesty, sale of lands 118 Width of trails 114 Witness, examination of 109 compelling attendance of 110 remuneration of 110 notice to attend may be sent to 109 penaltjr for noncompliance with notice 110 Written or Writing defined 107 RAILWAYS, ASSESSMENT OF (See Assessment op Railways). RAILWAY TRAINS, STOCK INJURED BY. (See Stock Injured by Railway Trains.) REGISTRATION OF BIRTHS, MARRIAGES AND DEATHS. (See Vital Statistics.) REGISTRATION OF PARTNERSHIPS. (See Partnerships, Registration of.) RELIEF OF CREDITORS (See Creditors' Relief.) RELIGIOUS SOCIETIES AND CONGREGATIONS, LANDS HELD IN TRUST FOR. Annual statement by trustees selling or leasing land 410 Borrowing power of 408 Conveyance to trustees void unless registered within one year 408 Indebtedness may be secured by mortgage 408 Judge's sanction to be obtained before transfer executed by trustees. ... 410 Land held in trust not to exceed 320 acres 408 may be leased for 3 years 409 21 years with consent of society or congregation 409 not required may be sold 409 Landlords, trustees to have powers of 409 Lease may contain covenant for renewal for payment for improvements 409 (See Land.) Mortgage, indebtedness may be secured by 408 repayment of money borrowed may be secured by 408 Powers of trustees to bonow 408 Presbyterian congregation, resolution as to appointment of successors to trustees not operative until assent of boards of management obtained .••■.. 419 Registration of transfer or conveyance to trustees to be effected within one year 408 Renewal, lease may contain covenant for 409 Rent of land, trustees have powers of landlords for recovery of 409 Sale of land not required : ■ ■ 409 society or congregation to be notified and judges' sanction obtained before transfer executed 410 Statement by trustees selling or leasing land, to be submitted annually . 410 Transfer or conveyance to trustees void unless registered within one year 408 by trustees, of land not required, society or congregation to be notified and judge's sanction obtained before execution. . 410 Trustees, appointment of • • • • • ■ • • • ■ ■ 408 have power of landlords for recovery of rent of land leased. . . . 409 selling or leasing land, to submit annual statement 410 appointment of successors to 410, 411 1377 160 INDEX 1905 The figures refer to the foot paging REMISSION OF PENALTIES. Lieutenant Goverhor may remit penalties 1058 Statement to be submitted to Legislative Assembly 1058 SALE, BILLS OF (See Bills of Sale.) SALES OF GOODS. Acceptance on delivery, what 422 Action defined 412 Agreement to sell at valuation, valuation not made 415 after, but before sale, goods perishing 415 Appropriated, goods not, remedies of seller 427 Auction, sale by, provisions for 428, 429 Breach of warranty alleged, payment into Court -429 remedy 428 Buyers defined 412 in possession, disposition by 420 risk of, delivery at distant place at 422 right to inspect 422 not bound to return rejected goods 423 Capacity to buy and sell 413 Carrier, delivery to 422 Concurrent conditions, delivery and payment 420 Conditions, as to time, essence of contract, when 415 "month" 415 buyer may name or treat as warranties 415 rights of buyer on seller's nonperformance 416 and warranties, implied as to title 416 as to description or sample 416 as to quantity or fitness 416 on sale by sample 417 Contracts, intended as mortgages, excluded 429 conditions of time, essence of, when 415 of sale, defined 413 how made 414 for present sale of future goods, effect of 414 Deliverable state, what a 413 Delivery defined 412 Delivery and payment, concurrent conditions 420 rules as to place and time 421 when in possession of third person 421 of insufficient or excessive quantity 421 of goods mixed with other goods 421 by instalments 421 to carrier 422 at distant place, buyer's risk 422 how far acceptance by buyer 422 buyer not bound to return rejected goods 423 liability of buyer refusing 423 Description, condition as to 416 Distant place, delivery at, at buyer's risk 422 Document of title to goods, defined 412 Done in good faith, when deemed 413 Duration of transit 425 Duties of buyer and seller 420 Effect of contract for present sale of future goods 414 of contract generally 417 of lien, or stoppage in transitu, on sale 426 Enactments regarding bills of sale not affected 429 Enforcement of rights 428 Essence of contract, when conditions of time 415 Exclusion of implied terms and conditions 428 Factor Ordinance, defined 412 Fault, defined. 412 Fitness, condition as to 416 Formation of the contract 413 Future goods 414 defined 412 Goods defined 412 which may be acquired on contingency 414 1378 1905 INDEX 161. The figures refer to the foot paging. SALES OF GOODS—Continued. Goods, existing or future 414 perished after agreement but before sale 415 delivered, reasonable price 415 unascertained 417 delivery of, mixed with other. ■ 421 rejected, buyer not bound to return 423 Implied terms and conditions excluded 428 conditions as to title 410 " In good faith" when deemed to be done 413 Insolvent, when deemed to be done 413 Inspect, buyer's right to 422 Instalments, delivery by 421 Interpretation 412 Interest and special damages 428 Law existing, preserved subject to ordinance 429 Liability of buyer refusing on delivery 423 Mixed with other, delivery of goods 421 Mortgages excluded from provisions of Ordinance 429 Necessaries sold to persons incompetent to contract, reasonable price . . . 414 Nonperformance by seller, buyer's rights 416 Passing of property, time of, rules for ascertaining intention of parties . . 417, 418 Payment and delivery, concurrent conditions 420 on delivery by instalments .' 421 breach of contract 421 into Court when breach of warranty alleged 429 Performance of the contract 420 Place for delivery, rules for _ 421 Pledges, excluded from provisions of ordinance 429 Price, ascertainment of 415 goods delivered, reasonable 415 agreement to sell at valuation 415 Property defined 412 Provisional as to sale by auction 428 "Quality of goods" defined 413 condition as to 416 Quantity, insufficient or excessive, delivery of 421 Recovery of money on failure of. consideration 429 Refusal, liability of buyer for, on delivery 423 Remedies of seller, action for price 426 where goods not appropriated 427 interest. 427 action for damages, nonacceptance 427 Rejected goods, buyer not bound to return 423 Reasonable price, goods delivered 41o time, question of fact 428 Remedies of buyer, action for damages for nondelivery 427 specific performance breach of warranty Requisites to validity of contract where value 50 or upwards 414 Reservation by seller of rights of disposal 419 Rights of buyer to refuse delivery by instalments 421 inspect 422 on seller's nonperformance 416 enforceable by action 428 Risk prima facie passes with property 419 buyer's delivery at distant place at 422 Rules of common law and law merchant preserved 429 as to place and time of delivery 421 "Sale," defined j\^ by person not owner ^J^ under voidable title 4/U by auction, provisions for ^^S by sample, conditions on 417 Sample, conditions as to |||° sale by. l\' "Seller " defined ' in possession after sale, further disposition of goods 420 nonperformance by, rights of buyer on 41b Short title *^^ 1379 162 INDEX 1905 The figures refer to the foot paging. SALES OF GOODS— Continued. "Specific goods," defined 413 Special damages 428 Specific performance, a remedy of buyer 427 Stoppage in transitu, right of 424 does not generally rescind sale 426 how effected 425 Third person, delivery when in possession of 421 Time, reasonable, a question of fact 428 for delivery, rules for ' 421 Transit, duration of 425 Unpaid seUer, defined 423 right of lien 423 where part delivery 424 termination of 424 effect of subsale or pledge by buyer on 424 stoppage in transitu 423, 424 resale 423 withholding delivery 424 Validity, requisites to, where value $50 or upwards 414 Warranty, breach of, alleged, payment into court 429 defined 413 SALES OF GOODS, CONDITIONAL.. (See Conditional Sales of Goods.) SALE STABLE KEEPERS. (See LiVBEY, Boarding and Sale Stable Keepers.) SCHOOLS. Adjustment of assets and liabilities 860 Alteration, adjustment of assets and liabilities 859 in limits of school districts 859 of boundaries 859 security of debentures 859 Annual school meeting 861 Audit, in rural and village districts 867 in town districts 867 Board, defined 849 Board of Trustees,. 868 chairman, pro tern 869 corporate, acts of 869 name of 868 meetings of 868 how called 868 notice of 868 regular meetings 869 waiver of notice 869 motions of 869 number of members, rural and village districts 868 town districts 868 one trustee not to act 869 organization of 868 appointment of oflncers 868 declaration of office 868 time of first meeting 868 salaries 868 quorum 869 Votes of trustees 869 Borrowing powers of district 875 approval of commissioner 879 authorization of loan by commissioner when no poll held. . . . 876 notice of 876 by note 875 for current expenses 875 debenture 875 for school site, buildings, etc 875 closing poll 878 complaints re conduct of poll 878 copy of by-law and notice of departure 877 corrupt practices 879 1380 1905 INDEX 163 The figures refer to the foot paging. SCB.OOLS— Continued. Borrowing, demand for poll 876 limits of debentures 879 commissioner shall countersign 881 date and form of 880 interest 880 provisos 879 registration of 881 term of 879 notice of intention to borrow 875 post notice 877 proceedings before J.P 877 essentially irregular 878 record refusal to take declaration 877 penalty for false 877 return by J.P 879 returning officer, returns to commissioner 878 regarding poll clerk 877 scrutineers 877 voters 877 declaration of 877 Chairman to forward minutes to department 854 Commissioner, defined 848 to, make investigation of disputed elections, etc 855 order erection of district 855, 857 notice in official gazette 855 powers of 850, 851 Compulsory education 884 attendance 884 schools, open all year 884 open six months 884 truancy 885 regulations of 885 officer 885 to lay complaints 885 trustees to lay complaint for nonattendance 884 Justice to investigate cause 884 excuses to be accepted 884 Conduct of schools 881 attendance not compulsory during religious exercises 883 fees 881 free school 881 hours, for school and recess 881 kindergarten classes 883 and ages and fees of 883 language, to be used 882 English language compulsory 882 others may be taught 882 night classes ._ 883 how maintained 883 fees 883 pupil not to be deprived of ordinary education 883 religious instruction 883 time for Lord's Prayer 883 school terms 881 where two 881 vacation and holidays 882 summer and winter 882 Confirmation of existing districts, etc. 892 Contested elections in towns and village districts 866 Conveyance of school children from one district to another 889 agreements by boards for 889 cost of, within school district 890 regulations for 890 Correction of error in order, etc 892 Council, defined 848 report of °°t Declaration of office °°'i certificate of 8&b Deferred school meetings °°" 1381 164 INDEX 1905 The figures refer to the foot paging. SCKOOJ^— Continued. Deferred school meetings, provisions when prescribed meetings are not held 866 notice and powers of later 867 Department of education 849 administration of, by commissioner 850 defined 848 functions, management of 850 organization of 849 regulations of 850 Disorganization of school districts 860 District, borrowing powers of 875, 880 defined 848 disorganization of 860 name of 855 alteration of 855 effect of 855 union of, public and separate 860 Disqualification of trustees 874 Duties of chairman 871 principal 888 secretary 871, 872 teacher 886, 888 treasurer 872, 873 trustees and their offices 869, 871 Educational council, meetings of 852 members of 651 report of 852 subjects for consideration 852 term of office 852 Education of nonresident children 888 application for 888 to have property assessed 889 fees 888 inspector's statement required 888 resident children 889 Elections to fill vacancies 874 Formation of, public school districts 852 conditions necessary 852 petition for 852 Forms 892, 897 First board of trustees 855 terms of office 855 declaration of 856 certificate to be given 856 First school meeting, chairman of 853 not to vote 853 to forward minutes to department 885 notice of 852 poll for formation of district at 853 ratepayers, to sign declaration, at 853 penalty for false . . 853 right to vote 853 security of 853 Inspector, defined 848 Interpretation 848 Investigation of disputed elections, etc 855 Meetings, annual, in rural and village districts 861 chairman, and secretary to act 861 vote of 861 copy of minutes for department 864 nominating trustee at 864 time of 864 acclamation 864 order of business 862 poll for election of trustee 864 public notice of 861 qualification of voters at 861 of candidate 864 of mover and seconder 864 ratepayers to sign declaration 862 1382 1905 INDEX 165 The figures refer to the foot paging. SCHOOhS— Continued. Meetings, ratepayers to sign declaration, witness on 862 penalty for false 862 statements and reports to be read at 862, 863 time and place of 861 Meetings in town districts 864 ballot for trustee 865 list of ratepayers not in municipality 865 municipal procedure to be used 865 objection to vote 865 oaths of 866 reports and statements for 866 return to department 866 supporters of separate schools to be dis- tinguished 865 time and place for 864 notice to municipality 865 Name of first school district 855 alteration of 855 effect of 855 Notice of first school meeting 852 Order for erection of school district 855 Order, not to be invalidated for irregularity 892 Organization of Board 856 first meeting of 856 Payment of teachers 886 Poll, for election of trustees 854 for formation of school district 853 Powers of commissioner 850, 851 Penalties and prohibitions, application of 890 disturbing school or meeting 891 false report on register 890 fulfilment of contract 890 liability of trustees 890 misconduct of returning officer 891 recovery of fines 891 unauthorized contracts 890 wrongful detention of property of district 891 Ratepayers, defined 848 special meetings of 867 notice of and how called 867 transactions limited to notice 867 Resident ratepayer, defined 849 Resignation of trustees 874 Returns, yearly and half-yearly to department 893 liability of trustee 873 penalty for neglect to forward 873 Rural district, defined 848 School site, in rural district 858 town or village district 859 Secretary, duties of 871, 872 Separate schools, assessment of 857, 858 notice of ratepayers meetings on 858 petition for erection of 858 rights and liabilities of 858 subsequent proceedings 858 Short title 848 Special meetings of ratepayers 867 Tax collector, statement of, at annual meeting 863 Teacher, association of 888 meetings subject to regulation 888 defined 849 dismissed, may appeal 886 duties of 886,888 engagement and dismissal of 885 form of contract 885 parties to 886 qualification of 885' salary ; 886 in case of sickness 868 1383 166 INDEX 1905 The figures refer to the foot paging. SCROOLS— Continued. Teacher, salary, payment of 886 to give statement at annual meeting 862 Town district, defined 848 may be declared village district 891 Treasurer, duties of 872,873 statement of at annual meeting 863 Trustees, a body corporate 868 cannot be teacher 891 complaint of for nonattendance 884 disqualification of 874 duties of 869,871 election of 857 to fill vacancy , 874 how nominated 854 time for 854 acclamation 854 registration of 874 statement of, at annual meeting 863 terms of office 855 declaration of 856 certificate of 856 of new trustee 875 Union of j)ublic and separate school districts 860 Village district, defined 848 SCHOOL ASSESSMENTS. Adjudication on 1078 Adjustment of accounts between districts 1097 Arrears of taxes 1087 collection of 1087 distress for 1087 return of 1087 roll to be returned 1087 account of 1087 verification of 1087 special lien 1087 interest on 1087 priority of 1087 Application to judge, for confirmation 1078 payment after 1079 Assessor, defined 1072 trustee may be 1072 Assessment In Rural. Districts 1072, 1076 appeal from 1075 fees 1075 security to appear 1075 to judge 1075 application of sections 5 to 24 1072 notice to be continuing 1074 open to inspection 1074 fraudulent 1074 roll, of 1073, 1074 copy of 1074 correction of 1075 date of posting 1074 notice, to persons assessed 1074 persons affected 1075 separate school districts 1073 when owner unknown 1073 [In Town Districts 1094, 1095 portion of outside town 1094 property liable to 1095 validating 1094 where district in municipality 1094 In Village Districts 1079 application of section 26 and 87 1079 assessor may require statement 1081 assessment cash value 1081 1384 1905 INDEX 167 The figures refer to the foot paging. SCHOOL ASSESSMENTS— Conimwed. Assessment roll 1081 completion of 1081 delivery of, to secretary 1081 open for inspection 1081 verification of 1081 exemptions 1080 right to waive, from taxation 1080 occupant to be assessed 1081 ^jroperty, assessable 1080 recovery of taxes 1081 stock in trade 1081 In Village and Town Districts 1095, 1096 notice, to be continuing 1095 assessor to examine 1096 fraudulent 1096 open to inspection 1096 of joint owners 1095 proviso 1095 separate school districts 1095 company assessed as supporter 1095 Court of Revision 1082, 1083 adjournment of sitting 1082 amended of whole roll 1083 appeal from 1083 allowance for costs 1084 clerk of court to act 1083 determination of 1084 hearing of 1084 intituling process 1084 judgment final 1085 list of 1083 to be posted 1083 notice of? 1083 powers of judge 1084 production of roll and papers to judge 1084 correction of 1084 to judge of Supreme Court 1083 appeal to 1082 notice to be given 1082 complaint as to assessment of third party 1082 date of 1082 notice of assessment 1082 roll final when passed 1083 Commencement 1098 Commissioner of Education may declare district a village or town dis- trict 1096 Executions against school districts 1096, 1098 column in tax roll, levy of rate 1097 copy writ and statement for treasurer 1097 direction to sheriff 1097 sheriff, powers of 1098 return of 1097 surplus 1097 treasurer, officer of court 1097 absence of or refusal 1098 Forms 1099, 1109 Interpretation 1072 Minimum tax 1076 Order vesting title in crown 1079 Rate of taxation, to be struck 1085 limit of 1085 Redemption of land sold 1090 illegal sales, liability of board 1092 notice to purchaser on. 1091 person not specially authorized 1091 purchaser's rights cease on 1090 sale to be as on date advertised 1090 transfer, in case of nonredemption 1091 exonerates land from prior charges 1091 1385 168 INDEX 1905 The figures refer to the foot paging. SCHOOL ASSESSMENTS— CorattTOed. Redemption, transfer, proviso 1091 when title in crown 1092 Sale of land for taxes 1087, 1090 adjournment of 1089 advertisement of 1089 all lots saleable to be included 1088 date and place of 1088 default by purchaser 1089 description of lands 1089 list of ' 1087 publication of 1088 notice of 1088 \ omission of 1088 only listed lands to be sold 1088 payment of purchase money 1089 proceedings at 1089 purchaser failing to pay price 1089 rights of 1090 sale to board if not to bidder 1089 statement of lands sold 1090 inspection of 1090 treasurer to give receipt 1089 upset price 1089 warrant to treasurer to sell 1088 where land sold for more than amount of taxes 1089 Separate School District 1096 assessment of owner 1096 Short title 1072 Taxes In Rural Districts 1076 a lien 1076 distress for 1076 interest on arrears 1076 notice to be sent. . 1076 paid to be entered on roll 1077 payment of by commissioners 1079 recovery of 1079 rebate in 1076 return of unpaid 1076 suit for 1077 In Village Districts 1085, 1087 appropriation of 1086 as special lien 1087 collection of 1085 collector's roll 1085 collectors to name defaulters to board 1086 actions thereon 1086 disposition of surplus 1086 levy by distress 1086 rebate in 1085 receipt and entry of payment 1085 recovery of, as a debt 1087 evidence 1087 sale of distrained property 1086 procedure 1086 Tax roll 1075 copy to be posted 1076 date of 1076 to be delivered to treasurer 1076 Tax sale fund 1092, 1094 claims on 1092 procedure in 1092 proof of 1092 disposition by court 1094 judge's order for payment 1093 lapse to board of unclaimed balances 1092 payment into court 1093 fees on 1093 petition to judge 1093 1386 1905 INDEX 169 The figures refer to the foot paging. SCHOOL ASSESSMENTS— Conimwed. Tax sale fund, petition, evidence of 1093 Treasurer, defined 1072 officer of court 1097 Trustee, defined 1072 may be assessor 1072 SCHOOL ASSESSMENTS, AMENDED. Appeal to Judge 1158 Correction of error in roll 1158 Interest on arrears 1159 Minimum tax 1158 Portion of town district outside to be deemed within town municipality 1159 Rebate in taxes 1158 Sections amended 1158, 1159 SCHOOL GRANTS. Cases under section 165 of School Ordinance 1113, 1114 Commencement 1114 Computation of averages 1113 Each room to rank as a district 1112 For, equipment, etc 1111 standard higher than V, in town or villages 1111 Interpretations 1110 Maximum number of days 1111 Minimum attendance 1111 payment under clause 1(a) 1111 Not to exceed 70 per cent, of teacher's salary 1112 Payable at end of each term 1112 or end of school year 1112 to teacher for arrears of salary 1112 Purchase of library or school equipment out of grant under clause 3. . . . 1113 Rural grants 1110 schedule of 1111 School closed by reason of disease 1112 Short title 1110 Special grant 1113 Statement to be forwarded 1113 Teacher attending convention 1113 Under clause 4 if no inspection 1112 Village and town grants 1111 schedule of 1111 SECURITY TO BE GIVEN BY PUBLIC OFFICERS. Acceptance of security after proper time 146 Acts, not annulled by evidence of appointment 145 Affidavit of witness |44 of surety 144 to be registered with security 144 Alphabetical list of principals and sureties to be kept 144 Appointment, when voidable 144 forfeiture of • 144 Bond, form of 1^3, 147 adaptation of .■ |;^ affidavit }f2 attestation r** by whom to be given |*^ failure to give |^* solely or with sureties „■',•' u-vl i aa irregularity in or in registration not to affect liability i44 registration of, time for J44 after time ||° indorsement on ^ . . certified copy, fee for. certified copy as evidence |^^ loss of and how remedied |™ new, when required • .•>;■■■••; i aq approval of by Lieutenant Governor m Council i^d executed by principal and sureties at different times, time for reg- istration 1387 170 INDEX 1905 The figures refer to the foot paging. SECURITY TO BE GIVEN BY PUBLIC OFFICERS— Continued. Bond of guarantee company 147. Certified copy as evidence 144 fee for 144 Death of surety (See Surety.) notice to be given 145 default in 145 time for 145 omission to furnish new security on 145 forfeiture of appointment for 145 Evidence of execution, etc., of bond, certified copy to be 144 Failure to give security 144 Fee payable for certified copy of bond 144 Forms, bond 143 adaptation of 143 Guarantee company, bond or policy 147 acceptance of 147 interim receipt 147 Indorsement on bond 144 Insolvency of surety 145 Irregularities in bond, do not affect liability under it 144 Persons to furnish security 143 Principals and sureties, list of. Territorial Secretary to keep 144 failing to give security, appointment voidable ex- ception where surety lost 144, 145 omitting to furnish new surety in place of surety dying, etc., appointment voidable 145 Register of bonds to be kept 144 Residence out of Territories of surety (See Surety.) Security, who to furnish 143 acceptance of after proper time 146 time and manner of giving 143 by bond. 143 failure to give 144 irregularities in providing, not to affect liability 146 lost, new to be furnished 145 approval of, by Lieutenant Governor in Council 143 of principal and sureties executed at different times, time for registration of 146 registration of, time for 144 after time 146 certified copy as evidence 144 fee for 144 Short form of bond 143, 147, 149 Sureties to justify 144 affidavit of 144 and principals, list of. Territorial Secretary to keep 144 withdrawal of 146 death of surety notice to be given 145 default in 145 time for 145 omission to furnish new security 145 forfeiture of appointment for 145 omission to furnish new, appointment voidable 145 release of, after certain notice 146 SEDUCTION. Action father or mother by 1175 may be brought by party seduced 1175 master, etc 1175 where father and mother not resident in the Territories 1175 Proof of service dispensed with 1175 SEIZURE, EXEMPTIONS FROM (See Exemptions from Seiztoe.) SEIZURES FOR RENT AND EXTRA JUDICIAL. (See Distress for Rent.) 1388 1905 INDEX 171 The figures refer to the foot paging. SERVANTS AND MASTERS (See Mastees and Servants.) SHEEP, PROTECTION OF FROM DOGS. (See Animals, Protection from Dogs.) SHERIFFS AND DEPUTY SHERIFFS. Annual statement under oath to be returned to Attorney General 364 Appointment of deputy 369 Business pending to be continued where begun 369 Books to be kept open to pubhc inspection 364 and seal to be supplied out of general revenue fund 365 records, etc. to be property of government 365 disposition of in case of vacancy of office 365 ex-sheriff to have access to 365 penaltjr for refusal to give up possession 365 possession of books, etc., after vacancy 365 kept bjr deputy similar to sheriff's books 370 Custody of writs, processes, etc to be restored to sheriff on demand 368 enforcement of restoration 368 Constable, misconduct of 367 Default (See Misfeasance.) Disposition of books, etc., in case of vacancy of office 365 Deputy, appointment 369 districts 369 Lieutenant Governor may establish and alter 369 business pending to be completed in office where begun or pend- ing 369 powers and duties of 369 books to be kept as kept by sheriff 370 seal to be a duplicate of sheriff's seal 370 security to be given 370 may be proceeded upon 370 responsibility of sheriff for deputy ceases after security given . . 370 not to act as advocate during office 370 Districts 369 Lieutenant Governor may establish and alter districts 369 Ex-Sheriff to have access to books and records 365 Enforcement of restoration of writs, &c., to sheriff 368 Fee book to be kept 364 Fees, annual statement of, to be made to Attorney General 364 General revenue fund, books and seals to be supplied out of 365 Hours of office 364 Liabihty of bailiff or constable for misconduct 367 of surety on default of sheriff 366 Misfeasance or default of sheriff 366 sheriff to join defendant 366 action on security 366 surety's liability limited 366 when surety discharged from liability 367 stay of proceedings against surety. . 367 levy under judgment upon security 367 to be on sheriff's goods first 367 sheriff liable until successor takes office 367 Misconduct of baihff or constable 367 liability for misconduct in execution of writ 367 Oath of office and allegiance to be taken 369 filed with Clerk of Executive Council 369 form of 370 Office, hours ■„„ 364 oath of 369, 370 seal of 365 vacancy of 365 Public inspection, sheriff's books to be kept open to 3b4 Possession of books and records after vacancy of office 365 Penalty for refusal to give up possession of books 365 Powers and duties of deputy sheriff 369 Records and books to be property of Government 365 Restoration of writs, processes, etc., to sheriff on demand 368 Responsibility of sheriff for deputy ceases on secunty given 370 Security to be given by sheriff 3bS 1389 172 INDEX 1905 The figures refer to the foot paging. SHERIFFS AND DEPUTY SHERIFFS— Continued. Security, copy to be filed 36& may be sued on 368 certified copy to be evidence 369 by deputy sheriff 370 liability, of, on default of sheriff 366 limited 366 when discharged from 367 stay of proceedings against 367 levy under security on sheriff's goods first 367 Seal of deputy a dupUoate of sheriff's 370 Seal of ofiice requisite 365 Schedule 370- Sheriff not to practice as advocate while in office 370 may not purchase at execution sales 367 defaijlt of (See Misfeasance.) books to be kept by (See Books.) office (See Office.) security (See Security.) Vacancy in office, pending execution of writ 336 after sale but before transfer 366 before sale of lands 366 Writs, custody of 36& SLANDER. Slander of females 38& tion of proof of special damage not necessary 38& SOCIETIES, BENEVOLENT AND OTHER. (See Benevolent and Other Societies.) SOLEMNIZATION OF MARRIAGES. (See Marriages, Solemnization of.) STALLIONS AND BULLS (See Entire Animals.) STEAM BOILERS. Annual report by Inspector to Commissioner 185 what to contain 185 time for 185 Boiler, defined 184 Certificates (See Engineers Inspection.) Commissioner defined 184 to issue certificates 189, 190 appeal to 191 Employment of unqualified persons as engineer an offence 192 Engineers, defined 184 penalty for unqualified person acting as 189 certificates to persons holding certain certificates of quaUfi- cation 189 provisional 190 fee for 190 holder may obtain final certificate .... 190 examination of before issue of final certificate 190, 191 cancellation of, for cause 192 appeal to commissioner from decision of inspector 191 to be posted in conspicuous place 191 of engineer of portable engine to be produced to inspector on demand 191 effect of. absence or nonproduction of 191 quahfication for 12 months' service 191 examination 191 evidence of service 191 Examination of boilers (See Inspector.) for certificates (See Engineers.) for discovery by inspector 185 Exemption of certain boilers from operation of Ordinance 186 Fees, application of 192 Fusible plug to be used 187 Hydrostatic tests 189 1390 1905 INDEX 173 The figures refer to the foot paging. STEAM 'BOILEB.S—Continued. Inspection of steam boilers annually ' ^ „„ by Inspector 100 certificate defined 184 fee for -j^og refusal to pay 186 when remitted 186 evidence, to be ' , I85 exposition of 186 production of, on demand . . . . 186 refusal to expose or produce, an offence 186 penalty for 186 operatmg without, an offence 186 penalty for 186 boilers exempt, what ' , ' 186 owner to repair when required 189 in course of construction or repair 187 entry of premises for purpose of 185 Inspectors defined ' j^g^ appointment and remuneration 184 185 duties of ' ' ' 188 annual report to commissioner 185 not to be interested in sale of boilers or steam machinery. . . . 185 oath of office 185 may examine on I85 notice of I85 may enter premises for purposes of inspection 185 to keep record I85 interference with, penalty for 185 to look and seal safety valves 187 Interpretation I84 Owner, defined 184 to report accident 188 _ neglect to 188 to assist inspector 187 operating without inspection certificate 186 proving non-use since inspection 186 Penalties, generally 192 interfering with safety valve 187 with inspector doing his duty 185 not posting engineer's certificate 191 not complying with notice of examination for discovery 185 operating boilers without permit 189 using boiler declared imsafe 187 Permit to unqualified persons what period 191 fee for 192 Permits (See Certificate.) Person defined 184 Record to be kept by inspector 185 Regulations and forms 192 Safety valve, lock-pop, to be set and locked by inspector 187 Short title 184 Unsafe boiler not to be used till repaired 187 penalty for 187 STOCK INJURED BY RAILWAY TRAIN. Notice by conductor to station agent 948 by agent to owner .■ 948 to be posted by agent 948 Penalty 948 STOCK, INSPECTION OF (See Inspection of Stock.) STRAY ANIMALS (See Estray Animals.) STREAMS, POLLUTION OF (See Pollution op Streams.) SUCCESSION DUTIES. Actions in respect to 1170 appeals in 1170 1391 174 INDEX 1905 The figures refer to the foot paging. SUCCESSION BVTIES—Cmtinued. Actions, costs 1173 declaration as to liabihty of property transferred before death .... 1170 limitation of 1173 Administrators (See Executors.) Amount of duty 1167 Appeal from assessment 1170 Application of Ordinance 1164 estates to which Ordinance does not apply 1166 Appraisement may be directed 1167 appeal from 1170 Appraiser, valuation by 1169 Assessing property liable to, mode of 1169 Bonds, executors to file 1168 Corporations not to allow transfer of stock till duty paid 1173 Costs 1173 Duty, action before, payable 1170 amount of 1167 hen on property transferred before death 1170 on future estate, when payable 1170 when no person entitled to present enjoyment .. 1171 payment within eighteen months from death 1171 certificate of 1172 fraud 1172 extension of time for by Lieutenant Governor 1172 in council 1172 by court 1172 mode of enforcing 1173 proviso as to annuities 1172 to Treasurer of the Territories 1173 recovery of by action 1170 jurisdiction of court in 1170 Executors, foreign, not to transfer stock till duty paid 1173 may sell property to pay duty 1173 to deduct or collect duty 1173 to file inventory and bonds 1168 Exemption from Ordinance 1165 Fees of clerks of court 1174 Payment of (See Duty.) Property, amount of duty 1167 annuities, etc 1166 construction of clauses regarding 1167 donationes mortis causa 1166 liable to _,. 1165 of which deceased competent to dispose 1166 passing under settlement 1166 transferred by owner to self and other jointly 1166 transferred in contemplation of death 1165 within or outside Territories 1165 Regulations, Lieutenant Governor in Council may make 1174 Short title 1164 Valuation may be directed 1169 by appraiser 1169 SUGAR FACTORIES (See Beet Sugar Factories.) SUNDAY (See Lord's Day, Profanation op.) SURGEONS AND PHYSICIANS (See Medical Professions.) SUPPORT OF ILLEGITIMATE CHILDREN. Action, maintainable when 1176 Affidavit, mother to make 1176 time of 1176 not to be evidence 1176 Father of illegitimate child hable for necessaries 1176 Other remedies not to be affected 1176 Evidence 1176 1392 1905 INDEX 175 The figures refer to the foot paging. TAX SALES, CONFIRMATION OF. After redemption purchaser's interest to cease 1123 On application parties interested have notice 1123 Right to redeem 1123 Repeal 1124 Transfer prima facie evidence 1123 When transfer conclusive evidence 1124 TELEPHONE COMPANIES (See Water, etc., Companies.) TENANCY IN COMMON 407 (See Land Held by Two or More Parties.) TERRITORIAL SECRETARY, DEPARTMENT OF. Appointment of officers and clerks 104 Fees 104 Organization of department 103 Powers, duties and functions of the Territorial Secretary 103 Short title 103 Territorial secretary to be registrar 103 TERRITORIAL TREASURER (See Treasury Department.) THRESHERS' LIENS. Computation of value of grain to be retained 551 Lien, threshers to have on grain threshed 551 to have priority., 551 Quantity of grain to be retained 551 Statement to be sent department by thresher 551 penalty for default 551 Thresher may take grain to secure payment 551 quantity and value of gram to be retained 551 time within which grain to be taken 651 to be deemed a purchaser for value 551 to make returns to Department of Agriculture 551 penalty for default 551 TIME 5 (See Interpretation.) TOBACCO, USE OF BY MINORS. Age, presumption of 1036 Application of Ordinance hmited to municipalities and villages 1036 Penalty for sale, etc., to minor 1036 purchase, etc., by minor 1036 Purchase, etc., by minor xmder sixteen, of cigarettes, cigars or tobacco prohibited • . • • ■ 1036 Sale, etc., to minor under sixteen of cigars, cigarettes or tobacco prohibited 1036 exceptions when sale under written request of parent, etc. 1036 TRAINS, STOCK INJURED BY (See Stock Injured by Railway Trains.) TREASURY DEPARTMENT. Absence, of members of board, provision for 128 Acceptance of reward by officer 131 Accountant, defined 138 Accounting for public moneys • moneys in hands of revenue officer deemed property of Crown 132 not accounted for, procedure to recover 130 summary judgment for 130 lost through malfeasance, etc., liability of officer.. 131 penalty for neglecting 130 persons other than revenue officers, by 137 regulations regarding 129 revenue ofiicers, by 125 time for 12.5 may be varied 127 Accounts against Government to be rendered in duplicate . . . _ . 134 examination of hj department, mode ot.. Id4 AAA 1393 176 INDEX 1905 The figures refer to the foot paging. TREASURY DEFARTMENT— Continued. Accounts against Government, how certified 135 time of rendering may be altered 127 may be ordered, books and, kept for stat- istics 125 Appointment of revenue officers 124 before passing of Ordinance, to continue 133 and securities existing to continue 133 Appropriations accounts, payment during the first of succeeding year.. . 127 cheques not to issue unless authority therefor 136 examination by auditor 135 duties in such examination. . . . 135 ledger of to be kept 134 persons receiving moneys for specific purpose failing to apply them, substitution of other funds 131 report to Legislature 135 unauthorized expenditure to be reported by auditor to treasurer 134 treasurer to Assembly, by 135 unexpended, lapse of 127 Attorney General, opinion of regarding appropriations 136 recovery of penalties and forfeitures 133 suit by for public moneys 130 Audit of public accounts, questions regarding before treasury board. . . , 129 regulations regarding 129 Auditor, defined ._ 123 accounts when certified to be handed auditor for examination. . 135 other than appropriation, examination of 138 by whom to be rendered 138 statement to be submitted treasurer. 138 auditor to give certificate 138 appointment of 133 appropriation accounts, examination of 135 re-examination of 135 expenditure from, found unauthorized, report to treasurer 135 assistants, appointment of 133 authority, satisfied of, before countersigning cheques 137 books to be kept by 134 system of to be submitted treasury board 134 check receipts and expenditures to 134 cheque books to be examined by, monthly 136 collectors to submit accounts to 138 countersign all cheques to 137 departmental receipts and expenditures to be audited monthly . 134 certificate thereof 134 books to have access to 138 examination of accounts not to relieve auditor 134 departments may be required to furnish statements to 138 detention of moneys improperly to be reported by 139 differences between and department, adjustment of 137 duties of 134 examination of accounts, and vouchers, mode of 135 expenditures, authority for, to be certified by 136 parties liable to account, nonpayment by, to be reported 139 public receipts and expenditures other than departmental, audit of 137 record books of, to be kept 134 report of on appropriation accounts, submission to Assembly . . 139 report improper detention of moneys 139 rules for conduct of business may be made by 1 33 subject to approval of board 134 statement to treasury board monthly 139 suspension of 133 auditor, term of 133 vouchers, disposal of after audit 134 Balance of estimates to lapse ; 127 Bank deposit by revenue officer, payment out 126 1394 1905 INDEX 177 The figures refer to the foot paging. TREASURY DEPARTMENT— Contwwed. Board, defined X23 absence and illness provided for 128 composition of 128 reports of 128 Bonds, given by officers, persons or sureties before Ordinance to remain in force 133 Book keeping, mode of 134 board may frame regulations for 129 regulations regarding 133 Books and accounts for statistics may be ordered 125 Bribing revenue officers, penalty ' 132 accepting bribes Cash book 126 Cheques, auditor to countersign. 136 satisfy himself of authority for cheques 137 cheque books to be examined monthly 136 entry of 136 expenditure to be by 127 issue, forbidden unless appropriation therefor 136 legislative authority therefor 136 exceptions 136 preparation of 136 refusal of auditor to certify, board shall judge 137 signature of 136, 127 Clerk of Executive Council to inform auditor of certain appointments . . 138 Commissions of revenue officers to continue in force 133 to take evidence (See Treasury Board.) Commissioner for taking evidence, powers of 129 failure to attend before 130 Control and oversight of revenue officers may be assigned 125 Departmental defined 123 receipts and expenditures, monthly audit 134 books, auditor to have access to 138 examination of accounts 134 not to relieve auditor 134 Departments may be required to furnish statements to auditor 117 Detention of moneys, improper, to be reported by. . . _. 1 39 Differences between auditor and departments respecting appropriations . 137 Different branches, employment in 125 Discontinuance of any suit for penalty. Attorney General may direct .... 133 Duty, officer employed on any, deemed proper 124 of revenue officer on receiving money 126 Estimates, balances unexpended to lapse 127 matter to be contained in 127 period provided for in 128 Evidence before Treasury Board 129 (See Treasury Board.) 129 Examination of other than appropriation accounts by auditor 138 Examinations and enquiries to be on oath 132 Existing appointments to continue 133 Expenditure, auditor reporting proposed expenditure unauthorized board to decide on 137 , cheques to be by 127 extraordinary. Lieutenant Governor's warrant for 136 Ordinances, under, how to be made payment not to be authorized without certificate of cor- 1 rectness : 137 statement of expenditures without auditor's certificate. . . . 137 Failure to apply money received for specific purpose 131 Fees, remission of in certain cases • 13^ Fiscal year, accounts due in previous year, payment of l^o period of \j° revenues belonging to previous year i^o Functions of department ^24 Funds, state of, in annual statement ■ ■ •.• • • • i^' General revenue fund, appropriations of to be on message of Lieutenant Governor 1'^'* collection and management of 124 expenditure by cheque 127 1395 178 INDEX iy05 The figures refer to the foot paging. TREASURY DEPARTMENT— CoraimMer/. General revenue fund, inveetment of 127 permanent charges against 124 revenues composing 124 state of, in annual statement 127 Hours of attendance 125 Illness of members of board provided for 128 Inquiries and examinations to be conducted under oath 132 Institutions aided from revenue to make annual returns 128 Interpretation 123 Investment of revenue 127 Issue of warrants, board may regulate 129 Judgment for public moneys, summary recovery of 130 Lapsed appropriations 127 Licenses, Lieutenant Governor in Council may determine issuer and man- ner of issue 126 Lieutenant Governor's warrant for extraordinary expenditure 136 payment to be made by when no other provision 6 Minutes of Treasury Board 128 Mode of keeping public accounts 126 Municipalities, returns to be made by 128 maimer of making 128 Notice of hours of general attendance to be posted in conspicuous place 125 Oath, examination of conduct to be under 132 returns by municipalities, etc., to be under 128 Ordinances providing for expenditure, mode not prescribed 6 Organization of department 123 Payment 125 (See Expenditure.) vouchers and certificates to be supplied 137 on progressive estimates 137 Penalties and forfeitures, allowances to informant, etc 133 bribes, offering 131 accepting 131 neglect to transmit accounts or returns 130 property of Her Majesty 133 suits by Attorney General for 133 witness failing to attend 130 persons receiving public money and not ac- counting 130 Posting notices of hours of attendance 125 Powers of Commissioners for taking evidence 129 Proceedings, minutes of, of board 128 Production of papers on examination 129 Progressive estimates, payment of 137 vouchers and certificates to be produced 137 Proper, officers employed on any duty, deemed 124 Public accounts, auditing (See Audit, Auditor.) mode of keeping 126 regulations of Lieutenant Governor in Council 129 yearly statement of 126, 127 Progressive estimates, cheques for 137 Public aid, bodies receiving, reports of 128 how to be made 128 Public money defined 123 Public officers to account to auditor 138 to pay balances 138 recovery of balances from 139 Public revenue defined 123 Public works or buildings, accidents to, extraordinary expenditure for. . 136 Questions of audit 128 Refusal to transmit accounts 130 Regulations regarding book keeping, etc 128, 134 Remedies apart from Ordinances not impaired 132 Remission of taxes or fees in certain cases 132 statement of, to be submitted to legislature 132 Rcnderine accounts, time of, may be altered 127 other than appropriations for examinations 138 1396 1905 INDEX 179 The figures refer to the foot paging. TREASURY DEPARTMENT— Cojiimwed. Reports of board loo Returns by institutions aided by Government 128 mode of rnaking, in certain cases 128 municipalities 128 parties liable to account 128 revenue officers 126 school districts 128 villages '.'.'.'.['.'. 128 penalty for omitting 130 Revenue defined 123 payment to treasurer "l26 of previous fiscal year, payment of 125 Revenue officers, defined [ [ ]23 accepting bribe or unauthorized reward 131 accounting and payment by 125 alteration of time for 127 appointment of 124 books, accounts, etc., open to inspection 126 bribing or rewarding, penalty 131 cash book to be kept by 126 default in judgment may be entered against officer.. , . 130 duty on receiving money 126 employment in different branches 125 hours of attendance 125 notice of, to be posted 125 licenses, issue of 125 moneys received by, disposition of 126 oversight and control of 125 payment by, procedure to enforce penalty for not accounting 130 persons authorized to act for, acts by 124 proper official for duty assigned, deemed to be 124 property in possession of as such ■ belongs to Her Majesty 132 salaries 124 time for particular duties 125 Reward, acceptance by officers 131 Salaries (See Revenue Officers.) School districts, returns to be made by ' 128 how to be made 128 Security by public officers, existing to continue 133 Short title 123 Specific purpose, failure to apply money held for 131 Staff of department 126 duties of 126 Statement, annual, of public accounts 126 of special warrants 137 of remission of taxes to be made to Legislature annually, . . , 132 to be furnished 132 time for 133 by auditor of examination of accounts other than appropria- tions 138 Statistics, books and accounts of, may be kept 125 returns of by bodies receiving public aid 128 Subpoena to appear before board, order for 129 Taxes, remission of in certain cases 132 Territorial Auditor, appointment of 133 assistant (See Auditor.) suspension of 135 Territorial treasurer, appointment of 123 department to be presided over by 124 powers and duties 126 Time of rendering accounts may be altered 127 of rendering by institutions 128 Treasurer defined 123 members of Executive Council may have powers of 126 Treasury board, auditors to render monthly statement to 139 composition of 128 examination on oath by 129 180 INDEX 1905 The figures refer to the foot paging. TREASURY DEPARTMENT— Coniirawed. Treasury, examination, any member may administer oath 129 order for on application of 129 of absent person, commission for 129 disobedience to order, penalty 130 illness or absence of member 128 minutes of meetings 128 questions of audit, raising 128 reports of 128 dissent of member 128 minority report 128 yearly accounts to be examined by and reported on 129 Trust money held by Government, certain provisions not to apply to. . . 137 state of, in annual statement 127 Villages, returns to be made by 128 how to be made 128 Vouchers, production of 137 disposition of 134 Warrant of Lieutenant Governor for expenditure under Ordinances extraordinary expenditure 136 regulations regarding issue of 129 Witnesses, examination before treasury board 129 TRUST COMPANIES. Compliance with Ordinance necessary 1147 Company, appointment of as trustee, etc 1147 approval of 1147 exceptions 1148 revocation of 1148 acting as trustee, liability of 1148 investigation of affairs 1148 expenses borne by 1148 may invest trust moneys 1148 provisions for 1149 money paid in court deposit with 1148 not to be appointed guardian of infant or lunatic 1147 not to issue debentures 1149 powers which may be given 1149, 1150 Deposit with of money paid in court 1148 Investigation of affairs of 1148 expense borne by company 1148 Liability of company acting as trustee 1148 Powers which may be given 1149, 1150 Short title 1147 Trust company, meaning of , 1147 may invest trust money 1148 provisions for 1149 not to issue debentures 1149 powers given to 1149, 1150 TRUST CORPORATION OF CANADA, GENERAL. (See General Trust Corporation of Canada.) TRUSTEES (See Administration of Estates.) UNIVERSITY. Chancellor, election of 1210 term of office 1210 vacancy in office of, how filled 1211 Convocation, annual meetings 1215 fee 1215 first. 1211 meeting, call of senate at extraordinary 1215 notice of special 1215 officers of 1215 rules and regulations 1215 subsequent 1212 1398 1905 INDEX 181 The figures refer to the foot paging. UNIVERSITY— Coraiimted. Corporation of 1210 power to hold property 1210 Education of women 1216 Election of chancellor and senate date of first election 1212 determination of 1213 eligibility 1213 manner of 1212 nominations for 1212 only requisite number nominated 1212 register for first election 1212 term of office 1213 voting papers, form of 1216 informal 1213 opening 1213 to be counted 1212 to be sent by registrar 1213 Endowments 1216 ' Faculties 1215 Meetings of Senate 1214 convocation 1215 annual 1215 call of senate, at 1215 extraordinary 1215 special, notice of 1215 Nonsectarian, to be 1216 Registrar, appointed by senate 1215 Religion 1216 Schedule 1216 Senate, members appointed 1211 notification of 1213 elected 1211 ex officio 1211 meetings 1214 powers of, affiliation 1214 removal from 1214 delegation of 1214 statutes, to make 1214 form of 1214 vacancy in 1214 Short title 1210 Vice-chancellor election of 1211 term of office 1211 vacancy to be filled by senate 1211 Visitor, Lieutenant Governor to be 1210 Voting paper (See Elections.) USE OF TOBACCO BY MINORS (See Tobacco, use of by Minors.) USEFUL BIRDS (See Protection of Useful Birds.) VETERINARY SURGEONS. Duration of license ^^| Diploma, holder of, or certificate may practise 531 Cancelled, license to remain in force until 531 License to practise veterinary surgery 531 only persons holding shall practise .■••■■ ^^j exception as to castration , spaying or dehorning of animals . . 531 Territorial secretary to issue 531 issue of °^ fees for 53i duration of ^^| persons entitled to ■ • 531 Penalty for practising without license 531 Practitioners to be licensed 531 1399 182 INDEX 1905 The figures refer to the foot paging. VILLAGES. Annual meetings 774 Annual return of overseer 784 confirmation of 784 hearing application for 785 overdue taxes paid before 785 unpaid taxes of 784 Annual statement of overseer 774 Animals, ruiming at large 786 may be forbidden 786 regulation of 786 fees 786 Assessment and taxation 775 assessment by overseer 775 appeal from 777 fees 777 instruction by ratepayers 775 notice of 777 oaths of 777 omission of 775 rate of 777 revenue, how raised 775 when owner unknown 778 Audit of overseer's books 789, 790 Authorization of commissioner conclusive evidence 782 Bond (See Overseer.) BiUiard tables 780 license fees on 780 penalty 780 Commissioner, authorization of, conclusive evidence 782 may appoint inspector 782 authorize acquisition of recreation grounds 782 of cemetery 782 to pay taxes when 786 Confirmation of return 784 hearing application for 785 when overdue taxes paid before application 785 Debt, incurred by overseer 781 authorized by commissioner on petition of ratepayers 781 Disease, prevention of 787 regulations for 1^ 787 Distress for taxes 778 Dog license 779 fees 779 penalty 779 Duties and powers of overseer 783 Election, disputed 774 decision final 774 disobedience, penalty for 779 deposit 774 disposition of 774 Election of overseer 771 equality of voters 772 declaration of election 772 nomination 771 notice 771 new election if bond not furnished 773 proceedings after 772 retummg officer, appointment 771 subsequent 772 voter's declaration by 772 false 772 Establishments of villages 771 name and boundaries 771 notice of intention 77 1 order for 771 contents of 771 requirements for 771 Enforcement of judgment, against village 782 Exemptions 776, 777 1400 1905 INDEX 183 The figures refer to the foot paging. VILLAGES— Conimwed. Expenditure by overseer 781 Fire, prevention of 788 regulation for 788 Forms 791, 794 Hawkers and pedlers 779 regulation of 779 fees 779 Hearing application for confirmation 785 Inspector, appointed by Commissioner 782 Interpretation 770 Land assessment system 780 petition accompanied by afl&davit 780 evidence of 780 exceptions 780 Licenses on billiard tables 780 dogs 779 hawkers and pedlers 779 showmen, etc 779 Meetings, annual 774 notice of 791 publication of 791 special - 775 Notices of assessment 777 intention to establish 771 meetings of 791 publication of 791 name and boundaries 771 special meetings 775 when owner unknown 779 Oath of assessment 777 Order of business 775 for establishment of villages 771 Overseer, election of (See Election of Overseer.) annual return by 784 of unpaid taxes 784 confirmation of 784 assessment list by 776 audit of books 789 call special meetings 775 notice of 775 duties and powers of 783 eligibility for 771 expenditure by 781 may incur limited debt 781 not to act until bond given 773 if not furnished 773 , removal of 773 remuneration of 789 retiring of 774 term of office 773 to prepare tax list '78 give notice 778 evidence of 778 Penalties 790 Prevention of disease ' ° ' regulations of i^' Prevention of fires ^^^ regulation of '°° Publication of notices ^°^ Rate of assessment • 'iJi Ratepayers to instruct overseer ''° may appeal from assessment ''' notice of Jjj, fees 777 Real estate to be vested in commissioner 790 Regulations by ratepayers ''° Regulations for prevention of disease '°' of fires 788 Remuneration of overseer 1401 184 INDEX 1905 The figures refer to the foot paging. VILLAGES— Conimued. Return of election 772 Returning officer (See Election of Overseer.) declaration to be given 772 Return of unpaid taxes 784r confirmation of 784 Revenue, how raised 775 Rules and regulations 790 commissioner may malce ; 790 Running at large of animals may be forbidden 786 regulation of 786 fees 786 Short title 770 Single tax 780 assessment every two years 780 Special meetings 775 Suits by or against village 783 enforcement of judgment against 782 Taxes, a debt 788 a special lien 779 by commissioner, to be paid 786 Tax list 778 Travelling companies 779 Title, to land to vest in crown 786 to real estate 790 Voter (See Election.) Village expenditure 781 authorization, conclusive evidence 782 by overseer 781 commissioner may appoint inspector 782 authorize acquisition of recrea- tion grounds, etc 782 authorize acquisition of cemetery 782 debt authorized by commissioner on petition of rate- payers 781 overseer may incur debt 781 Watermaster, remuneration of 789 When, Commissioner to pay taxes 786 title to land to vest in Crown 786 overdue taxes paid before application for confirmation 785 VITAL STATISTICS. Administration of Ordinance 152 Alteration in registration of names 153, 154 Appointment of registrar 152 termination of, forms, etc., to be handed to successor 153 Births, report of within a month to register, by whom 153 particulars to be furnished 153, 159 illegitimate children 153 name of child, alteration in or giving of, on production within two years of certificate of memorandum may be noted in margin of original entry 153, 154 Burials to be reported to registrar by cemetery caretaker, etc., within 7 days, failing production of certificate of registration 155 Clergyman, mimster, etc., to report marriages 154 forms of report to be supplied to by registrar upon application 154 officiating at burial, failing production of cer- tificate of registration to report to regis- trar within a month 154 Cemeteries, caretakers, etc., of to report burial to registrar within 7 days unless certificate of registration produced 155 Certificate of registration of death, registrar to give 154 Certified extract from return to be given by registrar before date return should be transmitted 156 fee for 156 the minister after transmission of return 156 fee for 156 coroner entitled to without fee 156 Change of registered name of child 153, 154 1402 1905 INDEX 185 The figures refer to the foot paging. VITAL STATISTICS— ConimMed. Coroner entitled to searches and certified extracts free of charge 156 "Department" defined 152 Deaths, who shall report to registrar 154 particulars required 154, 160 certificate of registration of, to be given by registrar 154 clergyman, etc., performing funeral service to report to registrar within one month, failing production of certificate of regis- tration 154, 155 doctor to forward to registrar within a month a certificate of cause of death to be attached to return 155 cemetery caretaker, etc., to report to registrar within 7 days of burial, failing production of certificate of registration . ... 155 Doctor to report cause of death 155 to be supplied with forms 155 Errors in registration, correction of 155 Fees, registrar's 153 for searches 156 Forms to be supplied to registrar on application 152 expense of providing and distribviting to be paid out of general revenue fund 153 in hands of registrar to be handed over to his successor 153 registration of birth 158 registration of marriage 159 registration of death 160 certificate of 161 certificate of cause of death 161 Interpretation 152 Marriage, report of to registrar within a month by person solemnizing . . . 154 particulars to be furnislied in 154, 159 forms of, registrar to furnish on demand 154 "Minister" defined 152 Minister, clergyman, etc., marriage to be reported by 154 forms of report to be supplied to upon applica- tion 164 death to be reported by within a month failing production of certificate of registration. . . . 154 Name of child, change of or giving of, on production within 2 years of certificate of, memorandum may be noted in margin of original entry " 153, 154 "Occupier" defined 152 Orders, rules and regulations, the Lieutenant Governor in Council may make 167 Penalty for omission to report to registrar 155 making false statements 157 Prosecution for omission to report to registrar 155 place of offence under Ordinance, etc 157 Registrar, appointment of 162 termination of, by death of 163 to be supplied with forms on application 162 monthly returns by, to department 153 fees : ■ ; • 1^3 returns to be forwarded to department by registered mail in first week of each month 156 to give certificate of registration of death 154 forms of report of solemnization of marriage to be furnished to clergymen, etc., by, on demand 154 certificate of cause of death to be furnished to medical practitioners by ■ ■ 156 search of returns to be allowed by and certified extracts to be furnished by before date returns should be transmitted ... 156 Registration divisions, estabhshment of 152 of births |53 illegitimate children 1°^ marriages 1 "* deaths. 154 penalty for default in 1^5 errors in, correction of 1^^ provision for late • • 15° Re.signation of registrar, termination of appointment by loa 1403 186 INDEX 1905 The figures refer to the foot paging. VITAL STATISTICS— Continued. Returns, registrars to forward to department within first week of each month by registered mail 156 arrangement, indexing and custody of 156 search, fee for 156 by coroner without fee 156 certified extracts from, fee for 156 coroner to be furnished with without fee 156 as evidence 157 Riiles, orders and regulations. Lieutenant Governor in Council may make 157 Searches • 156 Short title 152 Territorial Secretary to administer Ordinance 152 WATER, GAS, ELECTRIC AND TELEPHONE COMPANIES. Application 1065 Arbitration, where private property required 1069, 1070 Breaking up of passages, etc 1066 compensation on 1066 Buildings, having different owners or tenants 1066 in lieu of supply, to be supplied on request 1067 supplying parts of 1066 Companies, may require security from consumers 1067 not to take property until compensation ascertained 1066 powers of 1065 limitations of 1067 rights regarding mains and pipes 1066 to supply buildings in line of supply by request 1067 liability not affected 1068 privileges of others 1067 Compensation 1066 Consent required of municipality or commissioner of public works 1065 Disposal of surplus power 1065 Entry of premises by employees of company 1069 regulations of 1069 penalties 1069 Exemption from distress or seizure 1067 Individual rights 1067 Laying mains and wires in streets 1066 Limitations of powers of company. 1067 Liability for failure of supply not affected 1068 Location of works 1067 Mains and wires in streets 1066 companies rights on 1066 Municipality or commissioner of public works, give consent 1065 Nonpayment of rates, etc 1068 Passages may be broken 1066 compensation on 1066 Private property not to be taken till compensation ascertained 1066 Privileges of other companies 1067 Power of companies 1065 disposal of 1065 limitations of 1067 surplus 1065 Prohibition and penalties 1068, 1069 entry of premises by employees of company 1069 penalties on 1069 non-payment of rates, etc 1068 penalties for 1068 removal of fittings, etc., where service discontinued 1069 Property exempt from seizure 1067 Removal of fittings, etc., where service discontinued 1069 Security required from consumer 1067 Supplying parts of buildings 1066 Works, location of 1067 WEEDS, NOXIOUS (See Noxious Weeds.) WIDOW (See Devolution of Estates.) 1404 1905 INDEX 187 The figures refer to the foot paging. WIFE AND CHILDREN, INSURANCE FOR BENEFIT OF. (See Insurance for Benefit of Wife and Children.) WILLS (See Administration of Estates.) WINDING UP (See Companies Winding Up.) WORKMEN'S COMPENSATION Negligence of fellow workman no defence in action against employer. . . . 1060 Short title 1060 1405