mmmm mm. mm m a ■ 5'Mtj\ -o m Cornell University Law Library. THE QIFT OF l^^^ri^fe^fe^. t=^ Cornell University Library KEN54411898 The consolidated ordinances of the North 3 1924 016 985 321 CllflrnfU tarn #rl|ool Etbratg Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924016985321 CONSOLIDATED ORDINANCES The North-West Territories 1898 Being a Consolidation of The Revised Ordinances of the Territories 1888, with the subsequent Public General Ordinances Legislature of the North-West Territories IN FORCE MARCH 15, 1899 REGINA: Printed by John Alexandbb Rbid, Queen's Printer for the TerritorieB, 1899 ^/M PRINTED BY THE LEADER COMPANY BEGINA, N.W.T. THE CONSOLIDATED ORDINANCES OF THE TEERITOEIES 1898. TABLE OF CONTENTS. PAGE. Proclamation bringing the Consolidated Ordinances 1898 into force * ix. Ordinance respecting The Consolidated Ordinances 1898 xi. The North- West Territoiies Act, as amended xvii. Title I. Interpretation. CHAPTEK. PAGE. 1. An Ordinance respecting the Form and Interpretation of Ordinances 1 Title II. Legislai'wre, Execittire and General Government. 2. An Ordinance respecting the Legislative Assembly of the Territories 11 3. An Ordinance respecting Elections 26 4. An Ordinance respecting Controverbed Elections 72 5. An Ordinance respecting the Public Service of the Terri- tories SO 6. An Ordinance respecting the Department of the Attorney General 86 7. An Ordinance respecting the Department of the Territorial Secretary 88 8. An Ordinance respecting the Department of Agriculture. 90 9. An Ordinance respecting the Department of Public WorHs 92 lAA iv. TABLE OF CONTENTS CHAPTER. PAGE. 10. An Orrlinance respecting the Treasury Department and th'3 Auditing of the Public Accounts • 103 11. An Ordinance respecting Public Printing 119 12. An Ordinance respecting Inquiries concerning Public Matters 120 13. An Ordinance respecting Security to be given by Public Officers 121 14. An Ordinance re.specting the Registration of Births, Mar- riages and Deaths • 129 15. An Ordinance respecting the Expropriation of Lands 138 16. An Ordinance to make Regulations with respect to Coal Mines 143 17. An Ordinance respecting the Inspection of Steam Boilers and the Examination of Engineers operating the same . . 1 63 18. An Ordinance respecting Ferries 170 19. An Ordinance respecting Public Health 174 2'). An Ordinance to regulate Public Aid to Hospitals 184 Title III. Relating to the Administration of Justice. 21. An Ordinance respecting the Administration of Civil Justice 187 22. An Ordinance respecting Clerks and Deputy Clerks. , 322 23. An Ordinance respecting Sheriffs and Deputy Sheriffs 329 24. An Ordinance resnecting Commissioners to Administei- Oaths ' 336 25. An Ordinance respecting Notaries Public 337 26. An Ordinance to abolish Priority among Execution Creditors 338 27. An Ordinance exempting certain Property from Seizure and Sale under Execution . . 345 28. An Ordinance respecting Juries. , . 347 29. An Ordinance respecting Alimony 352 30. An Ordinance to amend the Law relating to Slander 353 31. An Ordinance respecting Limitation of Actions in Certain Cases 3.54 32. An Ordinance respecting Justices of the Peace 355 33. An Ordinance respecting Constables 360 34. An Ordinance respecting Distress for Rent and Extra-judi- cial Seizure 361 35. An Ordinance respecting Arbitration 363 36. An Ordinance respecting the Investigation of Accidents b\^ Fire , 367 TABLE OF CONTENTS v. Title IV. Relating to Real Property. CHAPTER. PAGE. 37. An Ordinance respecting Land held by two or more persons 368 38. An Ordinance re.specting tlie Holding of Lands in Trust for Religious Societies and Congregations 369 Title V. Relating to Mercantile Law. 39. An Ordinance respecting the Sale of Goods 373 40. An Ordinance respecting Factors and Agents 390 4L An Ordinance respecting Choses in Action 394 42. An Ordinance respecting Preferential Assignments 396 43. An Ordinance respecting Mortgages and Sales of Personal Property 397 44. An Ordinance respecting Hix-e Receipts and Conditional Sales of Goods 409 45. An Ordinance respecting Partnerships 412 Title VI. Relating to Special Relationships. 46. An Ordinance re.''pecting Marriage* 417 47. An Ordinance respecting the Personal Property of Married Women 421 48. An Ordinance respecting Compensation to the Families of Persons killed by Accideiits 422 49. An Ordinance respecting Insurance for the benefit of Wife and Children 423 50. An Ordinance re.specting Masters and Servants 429 Title VII. Relating to Professions, Trades, etc. 51. An Ordinance respecting the Legal Profession and the Law Society of the Territories • 431 52. An Ordinance re.specting the Medical Profession ' ■ ' ' 443 53. An Ordinance re.specting Dentistry 456 54. An Ordinance respecting Chemists and Druggists 460 55. An Ordinance respecting Veterinary Surgeons 469 56. An Ordinance respecting Hotel and Boarding-house Keepers , . 470 VI. TABLE OF CONTENTS CHAPTER. PAGE. 57. An Ordinance respecting Keepers of Livery, Boarding and Sale Stables 472 58. An Ordinance respecting Auctioneers, Hawkers and Pedlers 474 59. An Ordinance respecting Liens in favour of Mechanics and others 476 60. An Ordinance respecting Threshers' Liens 486 Title VIII. Relating to Companies and Kindred Institutions. 61. An Ordinance respecting the Incorporation of Joint Stock Companies 487 62. An Ordinance to authorise the changing of the names of Incorporated Companies 511 63. An Ordinance respecting Foreign Corporations 512 64. An Ordinance respecting Mining Companies 515 65. An Ordinance respecting the Manufacture of Butter and Cheese 517 66. An Ordinance respecting Benevolent and other Societies . . 524 67. An Ordinance respecting Mechanics' and Literary Institutes 529 68. An Ordinance respecting Cemeteries 533 68. An Ordinance respecting Agricultural Societies 540 Title IX. Relating to Municipalities, Schools, Irrigation Districts, Etc. 70. An Ordinance respecting Municipalities 547 71. An Ordinance respecting the Assessment of Railways 630 72. An Ordinance respecting Villages .... 631 73. An Ordinance respecting Local Improvement 645 74. An Ordinance respecting Irrigation Districts 658 75. An Ordinance respecting Schools 683 Title. X. KiiaJ.ing to Agriculture, Stdck, (ranir, etc. 76. An Ordinance ■ respecting the Marking and Inspection of Stock 758 77. An Ordinance respecting Fences 7g5 7S. An Ordinance respecting Stallions and Bulls 769 79. An' Ordinance respecting Pound Districts 77:^ 80. An Ordinance respecting Estray Animals 786 81. An Ordinance respecting the Herding of Animals 792 TABLE OF CONTENTS Vll. CHAPTER. PAGE. 82. An Ordinance for the Protection of Sheep and other Ani- mals from Dogs 804 83. An Ordinance respecting Stock injured bj^ Railway Trains . 805 84. An Ordinance respecting Noxious Weeds 806 85. An Ordinance for the Protection of Game 808 Title XI. Relating to Protection of Person and Property. 86. An Ordinance to Prevent the Pollution of Running Streams 812 87. An Ordinance for the Prevention of Prairie and Forest Fires 813 88. An Ordinance respecting the Construction of Chimneys. . . . 817 Title XII. Relating to Intoxicants. 89. An Ordinance respecting the Sale of Intoxicating Liquors and the Issue of Licenses therefor 818 Title XIII. Miscellaneous. 90. An Ordinance respecting Insane Persons 874 91. An Ordinance to prevent the Profanation of the Lord's Day 877 92. An Ordinance respecting the Use of Tobacco by Minors.. . 878 93. An Ordinance respecting the General Trust Corporation of Canada 879 Schedule I — Ordinances and parts of Ordinances Consoli- dated 883 Schedule II — Ordinances and parts of Ordinances repealed from the date of the coming into force of the Consoli- dated Ordinances 941 Schedule III— Ordinances and parts of Ordinances not re- pealed by the Consolidated Ordinances 948 Index 953 PROCLAMATION Bringing the Consolidated Ordinances 1898 into Force. [L.S.] A. E. FORGET, Lieutenant Governor. CANADA : North-west Territories. proclamation : To all to whom these presents shall come : greeting. F. W. G. Haultain, ) WHEREAS in and by a certain Ordinance of Attorney General, j the Legislative Assembly of tlie North-West Territories, assented to by the Lieutenant Governor of the said Territories on the nineteenth day of September, one thousand eight hundred and ninety-eight, and intituled "An Ordinance respecting the Consolidated Ordinances of the Territories," after reciting that certain Commissioners had been appointed by the Lieutenant Gover- nor in Council for the purpose of consolidating the public Ordinances of the Territories, it was, amongst other things, enacted that so soon as the consolidation aforesaid and the addition to Schedule II referred to in said Ordinance should be completed the Lieutenant Governor might cause a correct Roll thereof, attested under his signature and countersigned by the Territorial Secretary, to be deposited in the office of the Clerk of the Legislative Assembly, and that the Lieutenant Governor, after such deposit, might by proclamation declare the day on, from and after which the same should come into force and have effect as law by the designation of "The Consolidated Ordinances of the Territories 1898 ; " AND WHEREAS the said Commissioners have completed the said consolidation and the addition to the said schedule, and I have caused a correct Roll thereof, attested under my signature and countersigned by the Territorial Secretary, to be depo.sited in the office of the Clerk of the Legislative Assembly ; NOW KNOW YE that, by and with the advice of the Executive Council of the Territories, I do by this my proclamation declare that the X l>ROCLAMATION said Roll so attested and deposited shall come into force and have effect as law by the designation of "The Consolidated Ordinances of the Territories 1898," on, from and after the fifteenth day of the month of March in the year one thousand eight hunclred and ninety -nine. GIVEN under the hand of His Honour the Lieutenant Governor and issued under the seal of the North-West Territories at REGINA this twenty-third day of February one thousand eight hundred and ninety-nine and in the sixty-second year of Her Majesty's Reign. By Command, G. H. V. BULYEA, Territorial Secretary. AN ORDINANCE RBSPBCT1X(.; THE CONSOLIDATED ORDINANCES OF THE TERRITORIES. NO. 39 OF 1898. (Assented to September 19, 1898.) WHEREAS by a commission issued by the Lieutenant Gov- Preambk- ernor in Council dated the first day of February 1897 the Honourable Hugh Richardson, one of the Justices of the Supreme Court of the Territories ; the Honourable Edward Ludlow Wetmore, one of the Justices of the Supreme Court of the Territories, and Charles Coursolles McCaul, Esquire, one of Her Majesty's Counsel learned in the law, were appointed commissioners for the purpose of consolidating the public Ordi- nances of the Territories ; and Whereas the said commissioners had prior to the passing of Ordinance No. 37 of 1897 completed the consolidation of the said Ordinances as they then existed ; and Whereas since the coming into force of the Ordinances of 1897 the said Commissioners having proceeded to amend, vary and add to the said consolidation as far as such action was rendered necessary by the said Ordinances, have recommended that divers other changes in the law as it now exists and as it is declared by the Ordinances of the Territories, should be made before the said consolidation is completed and brought into force under said Ordinance, with a view to the general im- provement of the law of the Territories ; THEREFORE the Lieutenant Governor by and with the ad- vice and consent of the Legislative Assembly of the Terri- tories enacts as follows : I. The printed Roll attested as that of the said Or-dinances original RoLI as they existed prior to the passing of the Ordinances of 1897,°'°'"'^*"^"°'"' revised, classified and consolidated as aforesaid under ths sig- nature of His Honour the Lieutenant Governor and that of the clerk of the Legislative Assembly and deposited in the office of the clerk of the Legislative Assembly, shall be held to be the original thereof and to embody the several Ordinances and xn. AN ORDINANCE RESPECTING Completion of consolidation parts of Ordinances lucntionud as to be repealed in the sche- dule II thereto annexed ; but the headings in the body of the Ordinances and the references to former enactments at the foot of the several sections thereof form no part of the said Ordi- nances and shall be held to have been inserted for convenience of reference only and may be omitted or corrected. 3. The said commissioners are hereby empowered and auth- orised to proceed to the completion of the consolidation of all the public Ordinances of the Territoi'ies now in force and in- cluding all public Ordinances that may be passed at this pre- sent session of the Legislative Assembly by making such additions to, eliminations from, variations of and amendments in the said printed Roll as may be necessary to complete the same as such consolidation. (2) The commissioners shall add to said schedule II a list of such of the Ordinances and parts of Ordinances of the year 1897 and of this present session as may be incorporated by them in said consolidation. Powers of 3. In Order to the proper completion of such consolidation commission ,i - • i j_ -^i ^ • i the commissioners may, hut without in any manner changing or aif'ecting the legal effect of the said Ordinances, correct any misprint or error (whether of commission or omission) or any contradiction or ambiguity in the said Roll or Ordinances and the commissioners may make such alterations in the language of the said Roll or Ordinances as are requisite in ordei' to pre- serve a uniform mode of expression and may make such minor amendments as are necessary to bring out more charly what is deemed to be the intention of the Legi^lative Assembly or to reconcile seemingly inconsistent enactments or to correct cleri- cal or typographical errors. Completed 4. So soon as the said consolidation of such Ordinances and to°be deposited*^® ^^^'^ addition to the said schedule II have been completed with clerk of thc Lieutenant Governor may cau.se a correct Roll thereof Assembly (which may be partly printed and partly written) attested under his signature and countersigned by the Territorial secre- tary to be deposited in the office of the clerk of the Legislative Assembly which Roll shall be held to be the original thereof and to embody' the several Ordinances and parts of Ordinances mentioned as repealed in the amended schedule II thereto annexed ; any marginal notes however and headings in the body of the Ordinances and references to former enact- ments being held to form no part of the said Ordinances but to be inserted for convenience of reference only. Proclamation 5. The Lieutenant Governor after such deposit of the said last mentioned Roll may by proclamation declare the day on, from and after which the same shall come into force and have effect as law by the designation of " Thr (Consolidated Ordi- .■ucvceft ef the Territorips l.SfJS" Effect of 6. On and from such day the same shall accordingly come rjroo ama ion .^^^ force and effect by the said designation to all intents as THE CONSOLIDATED ORDINANCES xiii. though the same were expressly embodied in and enacted by this (Jrdinance to come into force and to have effect on and from such day ; and on and from the same day all the enact- ments in the several Ordinances and parts of Ordinances in such amended schedule II mentioned so far as they relate to the Territories shall stand and be repealed to the extent men- tioned in the said schedule save only as hereinafter is provided. 1. The repeal of the said Ordinances and parts of Ordinances Saving as to shall not revive any Ordinance or provision of law repealed by etc" anterfor them ; nor shall the said rt-pt-al prevent the effect of any saving '^^ *^® ''^p®*^ clause in the said Ordinances and parts of Ordinances or the application of any of thn said Ordinances or parts of Ordinances or of any Ordinance or provision of law formerly in force to any transaction, matter or thing anterior to the said repeal to which they would otherwise apply. 8. The repeal of the said Ordinances and parts of Ordinances Matters not shall not affect— ?«^e'af^ "^ (a) Any penalty^ forfeiture or liability incurred before the time of such repeal or any proceedings for enforcing the same had, done, completed or pending at the time of such repeal ; (h) Any action, suit, judgment, decree, certificate, execution, process, order, rule or any proceeding matter or thing what- ever respecting the same, had, dcme, made, entered, granted, completed, pending, existing, or in force at the time of such repeal ; (c) Any act, deed, right, title, interest, grnnt, assurance, de- scent, will, registry, bylaw, rule, regulation, proclamation, contract, lien, charge, status, capacity, immunity, matter or thing had, done, made, acquired, established or existing at the time of such repeal ; (d) Any office, appointment, commission, salary, allowance, security or duty or any matter or thing appertaining thereto at the time of such repeal ; (e) Any marriage certificate or registry thereof lawfully had, made, granted or existing before or at the time of such repeal. (2) Nor shall such repeal defeat, disturb, invalidate or pre- judicially affect any other matter or thing whatsoever had, done, completed, existing or pending at the time of such repeal ; but every such — (a) Penalty, forfeiture and liability; (6) Action, suit, judgment, decree, certificate, execution, prosecution, process, order, rule, proceeding, matter or thing ; (c) Act, deed, right, title, interest, grant, assurance, descent, will, regi.stry, bylaw, rule, regulation, proclamation, contract, lien, charge, status, capacity, immunity, matter or thing; (d) Office, appointment, commission, salary, allowance, se- curity or duty ; (e) Marriage certificate and registry thereof, and every such other matter and thing, and the force and effect thereof re- spectively ; XIV, AN ORDINANCE RESPECTING may and shall remain and continue as if no such repeal had taken place and so far as necessary may and shall be continued, prosecuted, enforced and proceeded with under the said Con- solidated Ordinances of the Territories and other Ordinances and laws having force in the Territories so far as applicable thereto and subject to the provisions of the said several Or- dinances and laws. Congolldated Ordinances not to be deemed new law Construction where the same in effect as the repealed Ordinances Construction in case they differ from the repealed Ordinances 9. The said Consolidated Ordinances of the Territories shall not be held to operate as new laws but shall be construed and have effect as a consolidation of the law as contained in the said Ordinances and parts of Ordinances so repealed and for which the said ConsoHdated Ordinances of the Territories are substituted ; and the Legislative Assembly is not to be deemed to have adopted the construction which may by judicial decision or otherwise have been placed upon the language of any of the Ordinances included amongst the said Consolidated Ordinances of the Territories. (2) The various provisions in the Consolidated Ordinances corresponding to and substituted for the provisions of the. Or- dinances and parts of Ordinances so repealed shall, where they are the same in effect as those of Ordinances and parts of Or- dinances so repealed; be held to operate retrospectively as well as prospectively and to have been passed upon the days re- spectively upon which the Ordinances and parts of Ordinances so repealed came into effect. (3) If upon any point the provisions of the said Consolidated Ordinances are not in effect the same as those of the repealed Ordinances and parts of Ordinances for which they are substi- tuted then as respects all transactions, matters and things sub- sequent to the time when the said Consolidated Ordinances take effect the provisions contained in them shall prevail but as respects all ti'ansactions, matters and things anterior to the said time the provisions of the said repealed Ordinances and parts of Ordinances shall prevail. Reference to repealed Ordinances in former Ordinances 10. Any reference in any former Ordinance remaining in force or in any instrument or document to any Ordinance or enactment so repealed shall after the Consolidated Ordinances take effect be held as regards any subsequent transaction, matter or thing to be a reference to the enactments in the Con- solidated Ordinances having the same effect as such repealed Ordinance or enactment. tasertionofan * *' The insertion of any such Ordinance in the said sche- Ordinance in dulc II shall not be construed as a declaration that such Ordi- Scheduie II jj^qcq or any part of it was or was not in force immediately before the nances. into foi^e of the said Consolidated Ordi- copies printed 1 2. Copics of the Consolidated Ordinances printed by the PrinterTo\e Queen's Printer from the amended Roll so deposited shall be evidence received as evidence of the said Consolidated Ordinances in all courts and places whatsoever. THE CONSOLIDATED ORDINANCES XV. 13. The Consolidated Ordinances shall be distributed in Distribution £uch numbers and to such persons only as the Lieutenant"' °°^'^^ Governor in Council may direct. 14. This Ordinance shall be printed with the said Consoli-This dated Ordinances and shall be subject to the same rules of be printed *° construction as the said Consolidated Ordinances. Consolidated Ordinances 1 5. Any Chapter of the said Consolidated Ordinances may citation of be cited and referred to in any Ordinance or proceeding what- o^Jf^an^g®** ever either by its title as an Ordinance or by its short title or by using the expression " The Consolidated Ordinance respect- ing — " {adding the remainder of the title at the heginning of the particular chapter), or by using the expression " The Con- solidated Ordinances 1898, Chapter , {adding the numher of the particular chapter printed in the copies printed by the Queen's Printer.) 0? h: B NORTH-WEST TERRITORIES AGT Chapter 50, Revised Statutes of Canada As amended up to the date of the coming into force of The Consolidated Ordinances 189S. New Sections from amending Acts have the numbers bracketed thics : ( t ). Referetices at the end of sections or clajises indicate that the section or clause was amended to read as shewn, by the enactment referred to. An Act respecting the North- West Territories. HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — SHORT TITLE. 1. This Act may be cited as " Tlie North-We$t Territories^^'"'*- ^'^^^ Act." INTERPRETATION. *4. In this Act, unless the context otherwise requires, — interpretation (a) The expression "Territories" means the North-West "Territories" Territories, as defined in this Act ; (b) The expression " The Lieutenant Governor ' means the ^Lieutenant Lieutenant Governor of the North-West Territories ; (c) The expre.ssion " Lieutenant Governor in Council " means ^^^'eutenant the Lieutenant Governor of the Territories, by and with the council" advice and consent of the Executive Council of the Territories, '''^*'"'"' or in conjunction with the Executive Council of the Territories, as the case may be ; 60-61 Vic, c. 28, s. 2. (d) The expression " Supreme Court " means the Supreme qo^S"?'"'^ Court of the North- West Territories ; (e) The expression " intoxicating liquor '' means and includes "into.xicatinn all spirits, strong waters, spirituous liquors, wines, fermented "'""' or compounded liquors or intoxicating fluids ; 2a XVlll. NORTH-WEST TERRITORIES ACT Intoxicant" (/') The expression " intoxicant " includes opium or any pre- paration thereof, and any other intoxicating drug or substance, and tobacco or tea mixed, compounded or impregnated with opium, or with any other intoxicating drug, spirit or substance, and whether the same or any of them is liquid or solid ; {g) The expression " Legislative Assembly " means the Legislative Assembly of the Territories composed, under the provisions of this Act, of the members elected to represent the several electoral divisions into which the Teriitories are or from time to time may be divided. 60-61 Vic, c. 28, s. 3. " Legislative Assembly " defined THE NORTH-WEST TERRITORIES. Territories defined 3. The Territories formerly known as " Rupert's Land " and the North-West Territory shall, with the exception of such portions thereof as form the Pi'ovince of Manitolia and the District of Keewntin. continue to be called and known as the North-VVest Tetritoiies. {But see The Yukon Territory Act, 61 Vic., c. 6, s. 2). THE LIEUTENANT GOVERNOR. Lieutenant Governor His powers 4. There shall be for the Territorie.s an officer called the Lieutenant Governor appointed by the Governor in Council by instrument under the Great Seal of Canada who .shall hold office during pleasure. (2) The Lieutenant Governor shall administer the Govern- ment under instructions from time to time given him by the Governor in Council or by the Secretary of btate of Canada. Administrator 5^ rpj^^ Governor in Council may from time to time appoint an Administrator to execute the office and functions of the Lieutenant Governor during his abisence, illness or other in- ability. Oitha to bs taken C Every Lieutenant Governor or Administrator so appointed shall before assuming the duties of his office take and subscribe befoie the Governor General or before some person duly auth- orised to administer such oaths an oath of allegiance and an oath of office similar to those required to be taken by a Lieu- tenant Governor under The British North America Act 1867. Salary Travelling allowances (106.) There shall be payable out of the Consolidated Reve- nue Fund of Canada the following sum annually that is to say : — To the Lieutenant Governor, not exceeding $7,000 together with such sums of money as are from time to time fixed by the Governor in Council in respect of travelling allowances. 51 Vic, c. 19, s. 17. (Sections 7 and 8 were repealed by 61 Vic, c. 19, s. 1.) NOETH-WEST TERRITOEIES ACT XIX. SEAT OF GOVERNMENT. 9. The seat of Government of tke Territories shall be fixed Seat o( and may from time to time be changed by the Governor ^11^°^®™™'^° Council. {Section 10 was repealed by 51 Vic, c. 19, s. 1.) LAWS IN FORCE. 1 1. Subject to the provisions of this Act, the laws of Eng-Lawsof land relating to civil and criminal matters, as the same existed juiy'f5^'i8°o! in on the fifteenth day of July, in the year of our Lord one ^?™®j^" j^^ thousand eight hundred and seventy, shall be in force in the with certain Territories, in so far as the same are applicable to the Terri- ^^'"'^ ^°"*' tories, and in so far as the same have not been or are not here- after repealed, altered, varied, modified or affected by any Act of the Parliament of the United Kingdom applicable to the Territories, or of the Parliament of Canada, or by any Ordi- nance of the Lieutenant Governor in Council or of the Legis- lative Assembly. 60-61 Vic, c. 28, s. 4. 13. All laws and Ordinances in force in the Territories, and Laws in fproe not repealed by or inconsistent with this Act, shall remain in force until it is otherwise ordered by the Parliament of Canada, by the Governor in Council, or by the Legi.slative Assembly under the authority of this Act. 60-61 Vic, e. 28, s. 5. THE LEGISLATIVE ASSEMBLY. (2.) There .shall be a Legislative Assembly for the Territories Legislative which .'-hall be composed of twentjj^-six members elected to ^^^™ "^ repre.sent the electoral d'stricts set forth in the schedule to this Act until the said Legi.slative Assembly otherwise provides. 57-58 Vic, c 17, s. 15. (3.) Every Legislative Assembly shall continue for four Duration of years from the date of the return of the writs for choosing the ^"^™ ^ same ; but the Lieutenant Governor may at any time dissolve the As.semb]y and cause a new one to be chosen. 54-55 Vic, c 22, s. 3; 57-58 Vic, c 17, s. 16. (4.) There shall be a ses.sion of the Legislative Assembly Limit^onme convened by the Lieutenant Governor at least once in every year, so that twelve months shall not intervene between the last sitting of the Assembly in one session and its first sitting in another ses.sion ; and such Assembly shall sit separately from Proceedings the Lieutenant Governor, and shall present Bills passed by it °" to the Lieutenant Governor for his assent, who may approve or reserve the same for the assent of the Governor General. 54-55 Vic, c 22, s. 4. By 54.-65 Vic, c '22, s. 5, 'provision was made for issue of writs and conduct of elections until the Assembly should otherivise provide See noiv Th% Elections Ordinance. 2Ai XX. NORTH-WEST TERKITOEIES ACT Who may vote (7.) The persons qualified to vote at an election for the Legislative Assembly shall be the male Bi'itish 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 respec- tively immediately preceding the time of voting. 51 Vic, c. 19. s! 7. Who eligible or election Deposit at nojiination How applied (8.) Any British subject by birth or naturalization shall be eligible for nomination and election. (2) No nomination at any election shall be valid and acted upon unless at or before the time of nomination a sum of one hundred dollars is deposited in the hands of the returning officer ; and the receipt of the returning officer shall in every case be sufficient evidence of the payment herein mentioned. (3) The sum so deposited shall be returned to the person by whom the deposit was made in the event of the candidate by or on whose behalf it was so deposited, being elected or of his obtaining a number of votes at least equal to one-half the number of votes polled in favour of the candidate elected, — otherwi.se it shall belong to Her Majesty fcr the public uses of the Territories ; and the sum so paid and not returned as here- in pro\ided .shall be applied by the returning officer towards the payment of the election expenses and an account thereof shall be rendered by him to the Lieutenant Governor. 51 Vic. c. 19, s. 8. Qualification of member of Legislative Assembly (18.) No person holding any office, commission or employ- ment to which an annual salary from the Crown is attached shall be eligible as a member of the Legislative Assembly or shall sit or vote therein during the time he holds such office, commission or employment; but nothing herein contained shall render ineligible any member of the Executive Council of the Territories by reason of any salary, fee, allowance, emolument or protit of any kind or amount attaching to .such membership from being a member of the Assembly or shall disqualify him from sitting or voting therein : Provided he is elected while holding .such office and is not otherwise disqualified. 60-61 Vic, c. 28, s. 9. Oath to be taken by members (9.) Elected members of the Legislative Assembly shall take and subscribe before the Lieutenant Governor or before such person as is designated by the Governor in Council the follow- ing oath of allegiance : — "I,A.B.,do swear that I will be faithful and bear true allegiance to Her Majesty, her heirs and successors" 51 Vic' c 19, s. 9. Quorum in Assembly Election of Speaker (10.) Until the Legislative Assembly otherwise provides a majority of the members shall form a quorum for the trans- action of business. 51 Vic, c 19, s. 10 ; 57-58 Vic, c 17 s. 13 (II.) The Legislative Assembly on it^ first assembling after NORTH-WEST TERRITORIES ACT XXl. a general election shall proceed with all practicable speed to elect one of its elected members to be Speaker. (2) In case of a vacancy happening in the office of Speaker ^o^ncy in by death, resignation or otherwise the Legislative Assembly Speaker shall proceed with all practicable speed to elect another of its elected members to be Speaker. (3) The Speaker shall preside at all meetings of the .Legisla- pj'|e*ide'' ^° tive Assembly ; (4) Until the Legislative Assembly otherwise provides in case Case of of the absence for any reason of the Speaker from the chair of provided for the Assembly for forty-eight consecutive hours the Assembly may elect another of its members to act as Speaker and the member so elected shall during the continuance of such absence of the Speaker have and execute all the powers, privileges and duties of Speaker. 51 Vic, c. 19, s. 11. (12.) Questions arising in the Legislative Assembly shall Majority be decided by a majority of voices other than that of the Speaker and when the voices are equal but not otherwise the Speaker shall have a vote. 51 Vic, c. 19, s. r2. 13. The Legislative Assembly shall subject to the provisions Powers of of this Act or of any other Act of the Parliament of Canada, "^^"^ '' declared to be applicable to the Territories, have power to make Oidiaances for the government of the Territories in relation to the classes of subjects next hereinafter mentioned that is to say:— 1. The mode of providing voters' lists, the oaths to be taken by voters, the appointment, powers and duties of returning officers and deputy returning officers, election and poll clerks and their oaths of office, the proceedings to be observed at elections, the periods during which such elections may be c Act, shall immediately after the conclusion of such investigation transmit to the clerk of the court for the judicial district in which the charge was made all informations, exam- ination';, depositions, recognizances, inquisitions and papers connected with such charge ; and the clerk of the court shall notify the judge thereof. Duty of siieriff (2) Whenever any person charged is committed to gaol for or gaoler ^^.^j^j ^-^q sheriff or other persrm in charge of such gaol shall w^itbin twenty-four hours notify the judge exercising jurisdic- tion at the time in the judicial district, in writing, that such prisoner is so confined, stating his name and the nature of the charge preferred against him; whereupon with as little delay as possible the judge shall cause the prisoner to be brought be- fore him for trial either with or without a jury as the case requires. 54-55 Vic, c. 22, s. 12. Formal charge (11.) In lieu of indictments and forms of indictment as pro- vided by The Criminal Procedure Act the trial of any per- .«on charged with a criminal offence shall be commenced by a formal charge in writing setting forth as in an indictment the offence wherewith he is charged. 54-55 Vic, c. 22, s. 11. Powers as to certain offences 66. Every judge of the Supreme Court shall have and ex- ercise the powers of a justice of the peace or of any two justices of the peace under any laws or Ordinances in force in the Ter- ritories, — and maj' also hear and determine any charge against any person for any criminal offence alleged to have been com- mitted in the Territories or (subject to the provisions of section NORTH-WEST TERRITORIES ACT xxxi. fourteen of the Act passed by the Parliament of Canada in the forty- seventh year of Her Majesty's reign, and chaptered six) in any territory eastward of the Rocky Mountains wherein the boundary between the province of British Columbia and the Territories has not been ofBcially ascertained, when the accused is charged — (a) With having committed or attempted to commit theft, Theft, etc. embezzlement, or obtaining money or property by false pre- tences, or receiving stolen property, in any ease in which the value of the whole property alleged to have been stolen, em- bezzled, obtained or received does not in the opinion of such judge exceed two hundred dollars ; or — (6) With having committed an aggravated assault by un- Aggravated lawfully and maliciously inflicting upon any other person either *^^'^'''* with or without a weapon or instrument any grievous bodily harm or by unlawfully and maliciously wounding any other person ; or — (c) With having committed an assault upon any female Assault on a whomsoever or upon any male child whose age d'les not in the '®™^'®' ^*''' 0|iinion of the judge exceed fourteen years; and when such assault, if upon a female, does not in his opinion amount to an assault with intent to commit a rape ; or — (d) With having escaped from lawful custody or committed Escape from prison breach, or assaulted, obstructed, molested or hindered '"^^'°'^'' any judge, justice of the peace, commissioned officer of police, constable, bailiflf" or other peace officer or officer of customs or excise or other officer in the lawful performance of his duty or with intent to prevent the performance thereof. (2) The charge shall be tried in a summary waj' and without Summary the intervention of a jury. 60-61 Vic, c. 2S, s. 14. *"*^ 61. When the person is charged with any other criminal Trial by jury offence the same ."hall be tried, heard and determined by the judge with the intervention of a jury of six ; but in any such case the arcused may with his own con.sent be tried by a judge in a summary way and without the intervention of a jury. 54-55 Vic, c 22, s. 9. 68. Whenever upon a trial before a judge in a summary On trial for way under either section sixty-six or section sixty-seven of this (."n^Pjcti"^®' Act such judge is not satisfied that the accused is guilty of the ^^^y^^j.*'"' offence with which he stands charged but the circumstances are such that upon a trial before a jury under The Criminal Pro- r.s.c, c. lu cedure Act for the like offence the jury might find the accused guilty of some other offence, the judge shall have the .same power as to findings as a jury would have in the like circum- stances under the said last mentioned Act, and may convir-t the accused of such other offence, notwithstanding that such offence is one for which under section sixty-seven aforesaid the accused could not without his own con.sent have been tried in a sum- mary way ; and the person so convicted shall be liable to the punishment by the .said last mentioned Act or otherwise by law pre.scribed for the offence of which he is so found guiltv. 54- 55 Vic, c 22, s. 10, xxxn. NORTH-WEST TERRITORIES ACT Notes of evidence Defence by counsel 09. The judge shall upon every such trial take or cause to be taken down in writing full notes of the evidence and other proceedings thereat ; and all persons tried as aforesaid shall be admitted after the close of the case for the prosecution to make full answer and defence by counsel, attorney or agent. Sentence of death to be reported Stay of execution TO. When any person is convicted of a capital offence and is sentenced to death the judge shall forward to the Minister of Justice full notes of the evidence with his report u]5on the case; and the execution shall be postponed from time to time by the judge if found necessary until such report is received and the pleasure of the Governor General thereon is communicated to the Lieutenant Governor. Summoning jurors 11. Persons required as jurors for a trial shall be summoned by a judge from among such male persons as he thinks suitable in that laehalf ; and the jury required on such trial shall be called from among the persons so summoned as such jurors and shall be sworn by the judge who presides at the trial. (2) The Governor in Council may at any time by proclama- tion declare that this section shall be repealed from and after the date named in such proclamation. .57-58 Vic, e. 17, s. 8. Peremptory challenges by accused By the Crown Challenges for cause T3. Any one arraigned for treason or an offence punishable with death or an offence for which he may be sentenced to im- prisonment for more than five years, may challenge peremp- torily, and without cause, any number of jurors not exceeding six ; and every peremptory challenge beyond that number shall be void. 57-58 Vic, c 17, s. 9. (2) The Crown may peremptorily challenge any number of jurors not exceeding four. (3) Challenges for cause shall be the same as are provided for under The Act respecting Procechire in Criminal Cases. If the list of jurors is exhausted Tales Fine for nonattendance IS. If, by reason of challenges or otherwise, the number of jurors summoned for the trial is exhausted, the judge shall di- rect .some constable or other person to summon, by word of mouth, from among the bystanders or from the neighbourhood, such number of persons as are neces.sary to make up a jury, — the persons so summoned being subject to challenge as those summoned by the judge in the first instance ; and the like pro- ceedings shall be repeated, if necessary, until a jury is obtained, competent to try the case ; and an)/ person summoned, as here- by provided, to serve as a juror, who makes default or refuses to serve as such juror, without lawful excuse to the satisfaction of the judge, may be fined by him a sum not exceeding ten dollars, and committed to prison until such fine is paid. Witness failing to attend guilty of contempt 14. Any person duly summoned, whether on behalf of the prisoner or against him, to attend and give evidence on any such trial, sliall be bound to attend on the day appointed for the same, and shall remain in attendance throughout the whole trial ; and if he fails so to attend, he shall be deemed guilty of contempt of court, and may be proceeded against therefor.' NORTH-WEST TERHITORIES ACT XXXlu. 15. Upon proof, to the satisfaction of the judge, of the jProceedings summoning of any witness who fails to attend, and upon such ^" ™'" "^^'^^ judfife being satisfied that the presence of such witness' before him is indispensable to the ends of justice, he may, by his warrant, cause the said witness to he apprehended and forth- with brought before him to give evidence and to answer for his contempt ; and such witness may be detained on such war- rant, with a view to secure his presence as a witness, or may be released on recognizance, with or without sureties, con- ditioned for his appearance to give evidence as therein men- tioned, and to answer for his contempt ; or the judge may, in a summary manner, examine and dispose of the charge of con- tempt against the said witness, who, if found guilty thereof, Fine and may be fined or imprisoned, or both, — such fine not to exceed'^'"""™""'" one hundred dollars, and such imprisonment to be with or without hard labor, and not to exceed the term of ninety days. T6. Returns of all trials and proceedings, civil and criminal, Retm-us to shall be made to the Lieutenant Governor in such form and at Governor" such times as he directs. TT. The Governor in Council may, from time to time, by Governor in proclamation, declare that the ten sections next preceding, or repeafss™^ any of them, shall be repealed from and after the date named 1,°^^'"'''"^'^'' in such proclamation. proclamation T8. If imprisonment for any term not less than two years Where convict is awarded in any case, the convict may be ordered to be im-SfJrisoned prisoned in any gaol or penitentiary in the Territories, or to be conveyed to the penitentiary in the Province of Manitoba, on the warrant of the judgi^ ; and whenever any con victor accused Conveyance person is ordered to be conveyed to the penitentiary in Mani- ° p™""®''*' toba, any constable or other person in whose charge he is to be so conveyed, may hold and convey him, or re-'ake him in rase of an escape ; and the warden of the penitentiary in Manitoba Duties and may detain and deal with him, in the said Province, as if such warden" penitentiary was within the Territories, or as if the said con- vict or accused pei-son had been ordered to be convej^ed to such penitentiary by some competent court or authority in the said Province. 19. If it is impossible or inconvenient, in the absence or ^^''^g P"g^g®| remoteness of any gaol or other place of confinement, to carry in custo^ of out any sentence of imprisonment, any judge or justice of the ^•""'•^- °^'°® peace may sentence any person convicted before him of an offence, other than the breach of a mnnieipal bylaw, to be placed and kept in the custody of the North- West Mounted Police force, with or without hard labor; and any police guard- house or guard-room in the Territories shall be a penitentiary, gaol or place of confinement for all purposes, except the con- finement of any person sentenced to imprisonment for breach of a municipal bylaw ; but if any municipality makes arrange- ments with the Commissioner of the North-West Mounted Police for the maintenance of persons convicted of a breach of 3a XXXIV. NOETH-WEST TERRITORIES ACT any bylaw of such municipality during the period of their sentence, the provisions of this section shall then.^after apply to such p.-rsons in like manner as to other offenders. 54-55 Vic, c. 22, s. 13. What may be a gaol Gaol tliscipllne Conditionn upon which prisoners are kept Limitation of time for proceedings 80. The Governor in Council may, from time to time, direct that any building or buildings, or any part thereof, or any en- closure or enclosures, in any p.art or parts of the Territories, shwU be a gaol or lock-up for the confinement of prieoners charged with the commis.sion of any offence or sentenced to any puni.shment or confinement therein ; and confinement therein shall thereupon be held lawful and valid whether such prisoners are being detained for trial or are under sentence of imprison- ment in a penitentiary, gaol or other place of confinement ; and the Governor in Council may at any time direct that any building or any part thereof, or any enclosure, shall cease to be a gaol or lock-up, and thereupon such building or part thereof, or such enclosure shall cease to be a gaol or lock-up. (2) The Governor in Council shall have power to make rules and regulations for the management, discipline and policy of such gaols or lock-ups and for fixing and prescribing the duties and conduct of the gaoler and every other officer or servant emploj-ed therein and for the diet, bedding, maintenance, em- ployment, classification, instruction, discipline, correction, pun- ishment and reward of persons confined therein, and to annul, alter and amend the .same from time to time ; and all gaolers, officers, prisoners and other persons shall be bound to obey such rules and regulations. (3) The Governor in Council shall also have power from time to time to prescribe the teims and conditions upon which per- sons convicted or accused of any offence under any Ordinance of the North-West Territories or any municipal bylaw or resru- lation, or sentenced to confinement un<]er any such Ordinance, bylaw or regulation, or arrested under any civil process, .shall be received and kept in any gaol or lock-ujj created under the authority of this section ; and he may from time to time specify what gaols and lock-ups shall be available for the confinement of such persons. 54-55 Vic, c 22, s. 14. 81. In all cases in the Territories when proceedings before justices of the peace are authorised to be summary and when no time is specially limited for making any complaint or layiuw any informati-n in the Act or law relating to the particular case, the complaint shall be made and the information shall be laid within twelve months from the time when the matter of the complaint or information arose. Who shall be coroners CORONERS AND INQUESTS. 8?J. The Indian Commissioner for the Territories, the judo-es of the Supreme Court, the commissioner and assistant commis- sioner of the North-West Mounted Police and such other per- s .ns as the Lieutenant Governor from time to time appoints, shall be coroners in and for the Territories. NORTH-WEST TERRITORIES ACT XXXV. 83. Except as hereinafter provided no inquest shall he held vsnien inquests upon the body of any deceased person by txny coroner unless '"'*'' '"' '^"''^ it has been made to appear to such coroner that there is reason to believe that the deceased died from violence or unfair means or by culpable or negligent conduct either of himself or of others, under such circumstances as require investigation and not through more accident or mischance. 84. Upon the death of any prisoner the gaoler or officer in Deceased charge of the gaol wherein such prisoner dies shall immediately ''™°°'"^^ give notice to the nearest resident coror.er and such coroner shall proceed forthwith to hold an inquest upon the body. 85. It shall not be necessary in any case that a coroner's Number of jury shall exceed six persons but in every case of an inquest ■"^'^'' six jurors must agree in order to render the verdict valid. 86. Coroners shall have the same powers to summon wit- Powers of nesses and to punish them for disobeying a summons to appear ''°™"®" or for refusing to be sworn or to give evidence as are enjoyed by justices of the peace. 87. The fees of coroners, jurors and witnesses attending Fees criminal trials and inquests may be fixed from time to time by the Governor in Council and paid in such manner as he directs. ADMINISTRATION OF CIVIL JUSTICE. 88. Every judge of the Supreme Court shall have .j^^^^^ic- civu^,^^,^^ tion, power and authority to hold courts, whether established by orjudge'™ Ordinance of the Legislative Assembly or not, at such times and places as he thinks proper and at such courts as sole judge to iiear all claims, disputes and demands whatsoever except as herein provided, which are brought before him and to determine any questions arising thereout, as -well of fact as of law, in a summary manner ; and such courts shall be open public courts. (2) Provided that in cases where the c]aim,dispute or demand Trial bj; jury ^' . 1*1*1 J.1 ^^ C6rt3.in ca,sG8 arises out of a tort, wrong or grievance and in which the amount claimed exceeds five hundred dollars, or if for a debt or on a contract in which the amount claimed exceeds one thousand dollars, or for the recovery of the possession of real property, if either party demands a jury or m any such ca'^e in which the judge thinks fit so to direct, he may direct that all questions of fact therein shall be tried and determined by a sworn jury of six in number summoned in the manner herein- before provided as to criminal trials. (3) Provided further that in cases of di'^puted accoimts the Reference of iudo-e may in place of atrial by jury direct the evidence to be accounts taken by the clerk of any court or by any other competent person ; which clerk or other person shall be sworn to take the same truly and to reduce it to writing. (4) The I'udge may give judgment on the verdict of the jury Judgment or upon the evidence taken by the clerk or other person as 3a| XXXVl. NORTH-WEST TERRITORIES ACT No action for KamblinK debts or intoxicants aforesaid or may order a new trial when justice seems to re- quire the same; and in all cases a judge may give such judg- ment and make such orders and decrees, interlocutory and final, as in such cases brought before him appear just and agreeable to equity and good conscience ; but no court or judge in the Territories shall have jurisdiction in respect of any action for a gambling debt or for the price of any intoxicating liquor or intoxicant or of any action by any person on any promissory note, bill of exchange, cheque, draft or other document or writ- ing whatsoever, the consideration or any part of the considera- tion for which, was a gambling debt or any intoxicating liquor or intoxicant. 60-61 Vic, c. 28, s. 15. Judgment, how given 89. Every judgment of the judge shall be pronounced in open court as soon as may be after the hearing of the case ; ex- cept that in any case where the judge is not prepared to pro- nounce jddgment at the close of the trial he may postpone judgment and deliver and enter the same subsequently and such judgment shall be as effectual as if rendered in court at the trial. Execution 90. The proceedings to carry into effect any such judgment, of judgment order or decree, whether interlocutory or final, shall be as pre- scribed by any Ordinance of the Legislative Assembly; or if no .such Oidinance is in force when any such judgment, order or decree is rendered, then in such manner as the judge who pronounced the same directs. 60-61 Vic, c 28, s. 16. Governor in 91. The Governor in Council may from time to time by re°p"afsecUon8 proclamation declare that the three sections next preceding, or frociamataon '''"y '^^ them, or any portion or portions of the said sections or of any of them, shall be repealed from and after the date named in such proclamation. 57-58 Vic, c. 17, s. 10. PROHIBITION OF INTOXICANTS. 93. No intoxicating liquor or intoxicant shall be manu manufactured, ffictured, compounded or made in the Teri-itories, except by nerm7fll\on"' spscial permission of the Go\ ernor in Council : nor shall any Intoxicants not to be permission V^ '.' t-T ",~ ". ■«»..«. *.. wvyu.i^.i . u^i .-mau any mtoxicatmg liquor or intoxicant be imported or brought into the 'I'eri-itoric'S from any Province of Canada, or el.sevvhere, or be sold, exchanged, traded or barteied, or had in possession therein, except by .special permission, in writing, of the Lieu- tenant Governor. Customs and (") lutoxicating liquors Or intoxicants imported or brought toappiy"^" ^'™'" ^"y P^'^°® °"* "* Canada into the Territories, by special permission in writing of the Lieutenant Governor, shall be subject to the customs and excise laws of Canada. Heturn of permissions 93. The Lieutenant Governor shall make an annual return, up to the thirty-first day of December in each year, cf the number of such permissions so given by him, and the quantity and nature of the intoxicating liquors and intoxicants in each case, to the_ Minister of the Interior, who shall lay the same before Parliament. NORTH-WEST TERRITORIES ACT XXX Vll. 94. If any such intoxicating liquor or intoxicant is manu- Forfeiture factured or made in the Territories, or is imported or brought °' '"'°'^^'^"' into the Territories, or is sold, exchanjied, traded or bartered in violation of the provisions of this Act, such liquor or intoxicant shall be forfeited, and may be seized by any officer of the customs or excise, or by any constable or othtir duly qualitied person wheresoever found ; and any judge of ti.e Supreme Court or justice of the peace on complaint made be- fore him may, on the evidence of one credible witness that ihe provisions of this Act have been violated in respect thereof, order such intoxicating liquor or intoxicant so seized to be forthwith destroyed; or if such liquor or intoxicant has not Search been seized such judge or justice of the peace on complaint as be granted^*^ cforesaid may issue a search warrant, as in cases of stolen goods, and upon the same being found may cause them to be forth- with destroyed ; and the still, machinery, keg, bari-el, case, box,stm,, package or receptacle whence or in which any intoxicating and receptacle liquor or intoxicant has been manufactured, imported or made,™'^'' ^^^^^^^"^ sold, exchanged, traded or bartered, and as well that in which the original supply was contained as the vessel wherein any portion of such original supply was supplied as aforesaid, and the remainder of the contents thereof, if such still, machinery, barrel, keg, case, box, package, receptacle or vessel aforesaid, respectively, can be identified, may be seized by any officer of the customs or excise or by any constable or other duly quali- fied person wheresoever found within the Territories; and any And forfeited judge of the Supreme Court or justice of tht- peace may, on complaint before him and on the evidence of one credible wit- ness that the provisions of this Act have been violated in re- spect thereof, declare such intoxicating liquor or intoxicant, stdl, machinery, vessel or receptacle forfeited and cause the same to be forthwith destroyed ; and the person in whose pos- Penalty and session any of them are found shall incur a penalty not exceed- thereof ing $200 and not less than $50 with costs ; and a moiety of such penalty shall belong to the person laying the information, and the other moiety thereof shall belong to Her Majesty for the public uses of Canada. 54-55 Vic, c. 22, s. 15. (2) Every vehicle on which any such intoxicating liquor or vehicles . ^ ■' . r. ,, i-j_ ii i_ conveying intoxicant is imported or conveyed into or through or over any uquor may portion of the Territories contrary to the provisions of this*"' ^^'''^'^ Act shall, together with the horses or other cattle employed in drawing any such vehicle as aforesaid, be forfeited to Her Majesty and may be seized and dealt with accordingly. 51 Vic., c. 19, s. 18. 95. Every person who without special permission as afore- ^^e^'J^^^^y^'"' said issued to him, manufactures, makes, compounds, imports, tming sells, exchanges, trades or barters any intoxicating liquor or JP*'°J^^f'^i^« intoxicant, or in whose possession or on whose premises any in- ^J^J^°i^*i„„ toxicating liquor or intoxicant of any kind is, without such special permission issued to him, shall incur a penalty not ex- ceeding $200 and not less than $50,— a moiety of which penalty shall belong to the person laying the information. 54-55 Vic, c. 22, s. 16. XXXVIU. NORTH-WEST TERRITORIES ACT Penalty for 9C Every person who knowingly has in his possession any exchanged to? article, chattel, commodity or thing purchased, acquired, ex- ifosSo"'"'" changed, traded or bartered, either wholly or in part, for any intoxicating liquor or intoxicant shall for each offence incur a penalty not exceeding $200 and not less than $50, — a moiety of which penalty shall belong to the informer. Forfeiture of things accessory to oft'ence 91. Every article, chattel, commodity or thing, in the pur- chase, acquisition, exchange, trade or barter of which the con- sideration either wholly or in part is any intoxicating liquor or intoxicant, shall be forfeited to Her Majesty and shall be seized as hereinbefore provided in respect to any receptacle of any intoxicating liquor or intoxicant. Penalty for refusing to assist constable 98. Every person who refuses or neglects to aid any con- stable, sub-constable or other duly authorised person in the execution of any act or duty required under any of the six sections next preceding, or who knowingly refuses to give in- formation or gives false information in respect to any matter arising therefrom, shall incur a penalty not exceeding $200 and not less than $50, — a moiety of which penalty shall belong to the informer. Recovery of pen.altie« Penalty for a subsequent offence 99. Every penalty incurred under any of the seven sections next preceding shall be recoverable with costs on summary conviction on the evidence of one credible witness before any judge of the Supreme Court or justice of the peace, who shall on payment of such penalty and costs pay the informer his share thereof ; and in case of non-payment of the penalty and costs immediately after conviction the convicting judge or jus- tice of the peace may in his discretion levy the same by distress and sale or may commit the person who is so convicted and makes default to any common goal or house of correction or lock-up house for a term not exceeding six months with or without hard labour, unless the said penalty and costs are sooner paid ; and upon conviction for a subsequent offence the offender shall be liable to a penalty not exceeding $400 and ixot less than $200, payable and recoverable as in this section pro- vided and, in the discretion of the convicting judge or justice of the peace, to imprisonment with or without hard labour in any common gaol or house of correction or lock-up house for a further term not exceeding six months. Conviction, etc., not invalid for want of form 100. No seizure, prosecution, conviction or commitment un- der this Act shall be invalid for want of form, so long as the same is according to the true intent and meaning of this Act. SALE Oi' ARMS AND AMMUNITION. Interpretation 101. In this Section- " Improved arm. ' "Ammuni- tion " (a) The expression " improved arm " means and includes all arms except smooth bore shot guns ; (6) The expression " ammunition " means fixed ammunition or ball cartridge. JSORTH-WEST TEEEITORIES ACT XXXIX. (2) Every person who, in the Territories, — (a) Without the permission in writing (the proof of wliich supplying shall be on him) of the Lieutenant Governor, or of a com- afimunmon niis^ioner appointed by him to ^Mve such permission, has in his without a possession or sells, exchanges, trades, barters or gives to, or with any person, any improved arm or ammunition, or — (b) Having such permission, sells, exchanges, trades, barters Or to or gives anj' such arm or ammunition to any person not law- peSin's*;"'**'^ fully authorised to possess the same — shall on summary conviction before a judge of the Supreme To be offences. Court or two justices of the peace, be liable to a penalty not punishable exceeding $200, or to imprisonment for any term not exceeding six months, or to both. (3) All arms and ammunition which are in the possession of Search for and any person, or which are sold, exchanged, traded, bartered orlrms'and* given to or with any person in violation of this section, shall ^JJ'^^JJJjj'j.^" be forfeited to the Crown, and may be seized by any constable to this section or other peace officer ; and any judge of the Supreme Court or justice of the peacemay issue a search warrant to search for and seize the same, as in the case of stolen goods. (4) The Governor in Council may, from time to time, make Regulations regulations respecting— Fn co°unc™'"* (a) The granting of permission to sell, exchange, trade. Permits (or barter, give or possess arms or ammunition ; (b) The fees to be taken in respect thereof ; Fees (c) The returns to be made respecting permissions granted ; Returns and — (d) The disposition to be made of forfeited arms and am- Disposition munition. (5) The provisions of this section respecting the possession of Proviso arms and ammunition shall not apply to any officer or man of Her Majesty's forces, of the Militia force, or of the North- West Mounted Police force. (6) The Governor in Council may from time to time declare section may by proclamation that upon and after a day therein named thisi'n£™e'at"^'' section shall be in force in the Territories, or in any place or aj^y^^<=« *" places therein in such proclamation designated ; and upon and after such day, but not before, the provisions of this section shall take effect and be in force accordingly. (7) The Governor in Council may in like manner, from time And to time, declare this section to be no longer in force in any such ^^ybf^^''"'^ place or places, and may again, from time to time, declare it to ''®^'°'^^'^ be in force therein. (8) All courts, iudges and justices of the peace shall take To be ^' (t ^ ° ^ 1 I.' judicially judicial notice or any such proclamation. noticed APPEALS FROM JUSTICES OF THE PEACE. 102. The court of appeal from convictions and orders of Court of t . • ,r m -i • 1 11 1, -J 1! J.1 appealfrom justices of the peace m the territories shall be a judge ot the justices of the Supreme Court sitting without a jury ; and the clerk of the '^^'^^ xl. NOETH-WEST TEERITOEIES ACT peace or other proper officer mentioned in the Act respecting summary proceedings before justices of the peace shall in the Territories mean the clerk of the Supreme Court of the judicial district within which such conviction takes place or such order is made. LUNATICS. Ueinoval of lunatics in custody, by order of Lt. Governor Removal of lunatics confined before date specified 1 03. Whenever under any law or Ordinance in force in the Territories, any insane person is kept in custody until the pleasure of the Lieutenant Governor is known or until such person is discharged by law, the Lieutenant Governor may cause such person to be removed to and confined in any asylum or place of confinement from time to time designated for that purpose by the Governor in Council, and the superintendent or warden of such a.sylum or place of confinement shall receive such person and detain him therein until the pleasure of the Lieutenant Governor is known or until such person is dis- charged by law. (2) The Lieutenant Governor of the Pfovinee of Manitoba may cause any insane person who came from the Territories and who was confined in a temporary lunatic asylum on the twentieth day of July, one thousand eight hundred and eighty- five, to be removed to the Manitoba lunatic asylum ; and the .superintendent of the said asylum or the superintendent of such temporary lunatic asylum, as the case may be, shall detain every such person committed to his keeping until the pleasure of the Lieutenant Governor is known, or until such person is discharged by law. Recapture of hinatics escaping from confinement 104. If any insane person confined in such asylum or place of confinement under this Act, escapes therefrom, an}'^ of the officers or servants thereof or any other person or persons at the request of such officers or servants or any of them, may within forty-eight hours after such escape if no warrant has been issued and within one month after such escape if a war- rant in the form in the schedule to this Act has been issued by the superintendent or warden of such asylum or place of confinement in that behalf, retake such escaped person and return him thereto ; and he shall remain in custody therein under the authority by virtue of which he was detained prior to such escape. lunatics from V.W.T. Manitoba to 105. The Minister of the Interior may, subject to the appro- tor 'rare™^'"^ val of the Govemor in Council, make such arrangements with the Lieutenant Governor of Manitoba as seem reasonable as to the compensation to be made by Canada to that Province for the care and maintenance of persons detained in the Manitoba lunatic asylum or in such temporary asylum as aforesaid. {Section 106 is placed under heading " The Lieutenant Gover- nor.") Control of road allowances ROAD ALLOWAiVCES. 107. All road allowances in townships now or hereafter surveyed and subdivided in the Territories and all road allow- N'ORTH-WEST TERRITORIES ACT xll. ances set out on block lines now or hereafter surveyed in the Territories, the plans of survey whereof have been duly ap- proved, shall be subject to the direction, management and con- trol of the Lieutenant Governor in Council for the public use of the Territories, subject to any Ordinance made or to be made with respect thereto. 60-61 Vic, c. 28, s. 18. 108. On the Minister of the Interior receiving notice from survey and the Lieutenant Governor in Council of any particular thorough- cerfain'roide fare or public travelled road or trail in the Territories which existed as such prior to the subdivision of the land into sections and which it is desired to have transferred to the Territories, the Governor in Council may pass an order authorizing the survey of such road or trail by a Dominion land surveyor, such survey to be made under instructions from the Lieutenant Governor in accordance with a manual of instructions regard- ing the manner of making such surveys approved by the Sur- veyor General of Dominion lands ; and upon approval of the returns of such survey by the Surveyor General one copy thereof shall be filed in the Department of the Interior and one in the Land Titles Office for the district within which such road or trail is situated ; and such road or trail may then be transferred by the Governor in Council for the use of the Ter- ritories subject to any rights which may have been acquired under letters patent issued previous to such transfer. (2) The width of such road or trail shall be one chain or sixty- six feet ; and in making the survey the surveyor shall make such changes in the location of the road or trail as he finds necessary for improving it, without however altering its main direction. 60-61 Vic, c 28, s. 19. (31.) Subject to any Ordinances made with respect thereto, closing up old the Lieutenant Governor in Council may close up any road ™''"'^' **"■ allowance or trail which has been transferred to the Territories or vary its direction, and may open and establish any new high- way instead thereof, and may deal with the land in any road allowance, public travelled road or trail so closed as he sees fit. 60-61 Vic, c 28, s. 20. (2) Notwithstanding section six of chapter fifteen of the Statutes of 1892 any action heretofore taken by the Lieutenant Governor in the manner provided in subsection one of this section with respect to roads or trails, with the consent of the Governor in Council, but without the concurrence of the As- sembly of the North- West Territories, is hereby declared to have been and to be valid. 57-^8 Vic, c 17, c 21 (2.) (31.) The Lieutenant Governor in Council may cause to beSurvey^of surveyed and marked on the ground such roads or trails as are """"' from time to time deemed necessary to aid in the development of any district which cannot be served by existing road allow- ances or by old trails mentioned in the section substituted for section one hundred and eight of the said Act by section nine- teen of this Act. (2) Such roads shall be laid out one chain or sixty -six feet in width ; and in making the survey the manual of instructions cHi. JrORTS-WEST TERRITORIES ACT mentioned in the "said section shall be followed and one copy of the returns of such survey shall be filed in the LHnd Titles Office for the district within which such trail is situated and a ^econd copy in the offices of the Regina. 60-61 Vic, c. 28, s. 21. North- West Government at GENERAL PROVISIONS. Provision wiieo there are no such officers as are designated in Act of Parliament English and French languages Proviso Proceedings in Assembly 109. Whenever in any Act of the Parliament of Canada in force in the Territories any officer is designated for carrying on any duty therein mentioned and there is no such officer in the Territories, the Lieutenant Governor in Council may order by what other person or officer such duty shall be performed, — and anything done by such person or officer under such order shall be valid and lawful in the premises ; or if it is in any such Act ordered that any document or thing shall be trans- mitted to any officer, court, Territoria] division or place, and there is then in tlie Territories no such officer, court or Terri- torial division or place, the Lieutenant Governor in Council may order to what officer, court or place such transmission shall be made or may dispense with the transmission thereof. 110. Either the English or the French language may be used by any person in the debates of the Legislative Assembly of the Territories and in the proceedings before the courts ; and both those languages shall be used in the records and journals of such Assembly ; and all Ordinances made under this Act shall be printed in both those languages : Provided, however, that after the next general election of the Legislative Assembly, such Assembly may, by Ordinance or otherwise, regulate its proceedings and the manner of recording and publishing the same ; and the regulations so made shall be embodied in a pro- clamation which shall be forthwith made and published by the Lieutenant Governor in conformity with the law, and thereafter shall have full force and effect; 54-55 Vic, c 22, s. 18. Certain 111. Any copy of anjr proclamation or order made by the Snaws,etc.?^ Governor in Council, or Ordinance, proclamation or order made to be evidence by the Lieutenant Governor in Council, or by the Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the North- West Territories, as the case may be, printed in the Canada Gazp.tte, or purporting to be printed hv the Queen's Printer for Canada, or by the printer to the Gov- ernment of Manitoba at Winnipeg, or by the pinnter to the Government of the North-West Territories, shall he prima facie evidence of such proclamation or order, and of the fact that it is in force. Application of Acts of Canada APPLICATION OF ACTS TO TERRITORIES. 113. Every Act of the Parliament of Canada, except in so far as otherwise provided in any such Act, and except in so far as the same is by its terms applicable only to one or more of the Provinces of Canada, or in so far as any such Act is, for any reason, inapplicable ti the Territories, shall subject to the provisions of this Act apply and be in force in the Territories. NORTH-WEST TERRITORIES ACT xl Xilll. (2) The Governor in Council may by proelaiuation from Governor in time to time direct that any Act of the Parliament of Canada, extend' A^f/ or any part or parts thereof, or any one or more of the sections l]?g*f^ ^j^ of any one or more cf any such Acts not then in force in the Territories, shall be in force in the Territories generally or in any part or parts thereof mentioned in such proclamation. SCHEDULE. Warrant to Retake Escaped Patient. Manitoba Lunatic Asylum {or as the case may be.) To and all or any of the peace oiEcers in the County {or as the case 7)xay he) of Whereas, on the day of last past, being within one month from the date hereof, A.li., an insane person confined in the Manitoba Lunatic Asylum {or as the case may be), of which I, am superintendent {or warden), did escape from the said asylum {or as the case may be) : These are therefore to authorise and command you or any of you the said cnstables or peace officers in Her Majesty's name at any time within one month from the date of the said escape to retake the said A.B. and safely convey him to this asylum {or as the case may be) and deliver him into my charge. Given under my hand and seal this day of in the year at , in the county aforesaid, {Signature.) [l.s.j Superintendent. Oath of Qualification of a Justice of the Peace for the North- West Territories. 1, A. B., of in the North- West Territories, do swear that I truly and bona fide have to and for my own proper use and benefit an estate in fee simple in lands situate in the North- West Territories of such value as doth qualify me to act as a justice of the peace, according to the true intent and meaninsr of the statute in that behalf and that such lands are the following : — So help me God. Sworn {or affirmed) before me, \ at this day > {Signature.) day of A.D., 18 j xHv. MOETH-WESt tERRiTORiES ACT Oath of Office of a Justice of the Peace for the North- west Territories. I, A. B., of in the North- West Territories, do swear that I will well and truly serve our Sovereign Lady Queen Victoria in the office of justice of the peace and will do right to all manner of people, after the laws and usages of these Territories, without fear or favour, affection or ill-will. So help me God. Sworn {or affirmed) before me, \ at this \ {Signature.) day of A.D. 18 j 57-58 Vic, c. 17. SCHEDULE. The following Schedule shews the application of the several amending acts as included in the foregoing compilation : Act of 1887. Section 1. Repealed by s. 13 of Act of 1891. 2. Obsolete. Provided for appeals then pending- to Queen's Bench, Manitoba. Act of 1888. 1. Repeals ss. 7, 8, 10 and 18 to 2.5 of Act, both inclusive. 2. Repealed by s. 2 of Act of 1891, and s. 11 of Act of 1894. 3, 4. Repealed by ss. 3, 4 of Act of 1891. 5. Repealed by s. 12 of Act of 1894. 6. Repealed by s. 5 of Act of 1891. 7, 8, 9. New. Under heading- " The Legislative Assembly." 10. Repealed by s. 13 of Act of 1894. 11,12. New. Under heading " The Legislative Assembly." 13. Repealed by s. 14 of Act of 1894. 14. New. Under heading " The Legislative Assembly." 15. Repealed by s. 14 of Act of 1894. 16. Repealed by s. 17 of Act of 1897. 17. Amends s. 106 of Act. 18. Amends s. 94 of Act. 19. Act to be construed as one with Cap. 50. Act of 1891. Section 1. Interprets " Act ' and " Amending Act.' 2. Repealed by s. 15 of Act of 1894. 3, 4. New. Under heading " The Legislative Assembly." 5. Superseded by The Elections Ordinance. 6. New section 13 of Act. 7. New section 52 of Act. 8. Amends section 56 of Act. 9. New section 67 of Act. 10. New section 68 of Act. 11, 12. New. Under head, "Administration of Criminal Law.' 13. New section 79 of Act. 14. New section 80 of Act. 15. Amends section 94 of Act. 16. New section 95 of Act. 17. Repealed by s. 19 of Act of 1897. 18. New section 110 of Act. 19. New. Under heading, " The Legislative Assembly." Schedule, superseded by Cap. 2, Consolidated Ordinances. Ivi. NORTH-WEST TERRITORIES ACT Act of 1894. Section 1. Repealed by s. 2 of Act of 1895. 2. Repeals s. 15 of the Act. 3. Repealed by s. 3 of Act of 1898. 4. Amends s. 50 of Act. 5. New section 59 of Act. ( 6. Repeals ss. 60 and 61 of Act. ', 7. Amends s. 64 of Act. 8. Amends s. 71 of Act. 9. Amends s. 72 of Act. 10. New section 91 of Act. 11. Repeals ss. (4) of s. 2 of c. 19, Act of 1888. 12. Repeals s. 5 of c. 19, Act of 1888. 13. New. Under heading "The Legislative Assembly.' 14. Repeals ss. 13 and 15 of Act of 1888. 15. New. Under heading- "The Legislative Assembly.' 16. Amends s. 3 of Act of 1891. Proviso obsolete. 17. Repealed by s. 8 of Act of 1897. 18. Repealed by s. 9 of Act of 1897. 19. New. Under heading " Administration of Justice. ' 20. New. Under heading " The Legislative Assembly.' 21. ss. (1.) Repealed in 1897. ss. (2.) New. Under heading " Road Allowances. Schedule of forms. Appended to Act. Act of 1895. Section 1,2. Amend section 13 of Act. 3. Ratifies Ordinance 6 of 1894 (Irrigation.) 4. Superseded by Cap. 2, Consolidated Ordinances. Act of 1897. Section 1. Interprets "the said Act. " 2. Amends s. 2 of Act. 3. Amends s. 2 of Act. 4. Amends s. 1 1 of Act. 5. Amends s. 12 of Act. 6. Amends s. 13 of Act. 7. New section 16 of Act. 8. New. Under heading " The Executive Council." 9. New. Under heading " The Legislative Assembly." 10. Amends s. 56 of Act. 11,12,13. Amend s. 64 of Act. 14. Amends s. 66 of Act. 15. Amends s. 88 of Act. 16. Amends s. 90 of Act. 17. Repeals s. 16, Act of 1888. 18. New section 107 of Act. 19. New section 108 of Act. 20. Amends s. 21 of Act of 1894, under heading " Road Allowances. 21. New. Under heading " Road Allowances." 22. Repeals s. 6 of Act of 1892. 23. Time of commencement. Act of 1898. Section 1,?. Amend s. 14 of the Act. 3. New section 49 of the Act, ERRATA. Page l7o, lines 13, 19 and 24, between "schedule" and "here- to," insert " 2." Page 381, line 3, strike out " to " where it lastly [occurs, substitute "by." THE CONSOLIDATED ORDINANCES OF THE NORTH-WEST TERRITORIES 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 enacts as follows : SHORT TITLE. 1 . This Ordinance may be cited as " The Interpretation Or- Short title dinance." R.O. c. 1, s. 1. THE CONSOLIDATED ORDINANCES — CITATION. 3. This Ordinance and following series of Ordinances shall what constitute and may be cited for all purposes as " The Consoli- cmfom^ted dated Ordinances of the Territories 1898," and any chapter of Ordinances - '1 ^^ -I , T r\ -i' 1 • J 1 1 f. 1 Citation 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 Covsolidated. Ordinance) respecting "(adding the remainder of the title given at the beginning of the par- ticular chapter) or by using the expression " The Consolidated Ordinances " or " Tlie Consolidated Ordinances of the Territor- ies " together with a reference to the number of the particular chapter in the copies printed by authority. R.O. c. 1, s. 2 ; No. 38 of 1897, s. 2 (1). No. 37 of 1898 s. 5. 1 1 2 Cap. 1 INTERPRETATION C. 0. APPLICATION. AppUcation of 3. This Ordinance and every provision thereof shall extend this Ordinance ^^^ 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 pi-ovision hereof is in any such Ordinance declared not applicable thereto ; and the omission in any Ordinance of a declaration that The IvUrpretation Ordinance applies thereto shall not be construed to prevent it so applying although such express declaration is inserted in some other Ordinance or Or- dinances of the same session. R.O. c. 1, s. 3 ; No. 38 of 1897, s. 2 (2). FORM OF ENACTING. Form. of 4. The following words may be inserted in the pi-eambles clause"^ of Ordinances and shall indicate the authority by virtue of which they are passed: "The Lieutenant Governor by and with " the advice and consent of the Legislative Assembly of the " Tenitories enacts as follows." R.O. c. 1, s. 4. Preamble and 5. After the insertion of the words aforesaid, which shall of Ordinln^ef 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. R.O. c. 1, s. 5. TIME OF COMMENCEMENT OF ORDINANCES. Indorsement <>• The clerk of the Legislative Assembly shall indorse on of assent every Ordinance of the Territories immediately after the title of such Ordinance, the day, month and year when the same was by the Lieutenant Governor assented to or reserved by him for the assent of the Governor General ; and in the latter case such clerk shall also indorse thereon the day, month and year when the Lieutenant Governor has signified (either by speech or message to the Legislative Assembly or by proclamation) that the same was laid before the Governor General and that the Governor General was pleased to assent to the same ; and such indorsement shall be taken to be a part of such Ordinance ; and the date of such assent or signification (as the case may be) shall be the date of the commencement of the Ordinance if no later commencement is therein provided. R.O. c. 1, s. 6. AMENDMENT OR REPEAL. Amendment 3. Any Ordinance of the Territories may be amended, altered sesdon'" '^"'^ or repealed by any Ordinance passed in the same session. RO c. 1, s. 7. 2 1898 INTERPRETATION Cap. 1 3 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 applieil ti the ciicunistai)ces as they arise so that etfect may be given to each UrdinancD and every part thereof according to its uspirit, 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 lie 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 '^°^^™°'^ ofiBcer 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 the Lieutenant Governor or person administering the govern- oouncir"" ment of the Territories for the time being acting by and with the advice of or by and with the advice and consent of or in conjunction with the Executive Council of the said Territories ; 7. The expression " Government," " Government of the Terri- "Government" tories"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 "United Kingdom of Great Britain and Ireland ; Kingdom" 9. The expression "the United States" means the United "United States of America ; 10. The expression "Territories" means the Nor th-We.st "Territories" 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 Yukon Territory ; 11. The name commonly applied to any country, place, body,Name^of ^^^ corporation, society, oflScer, functionary, person, party or thing offl"er7eto.''°*' 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 "Prooia- under the seal of the Territories ; 13. When the Lieutenant Governor is authorised to do any Acts by act by proclamation such proclamation is to be understood tu p™"^^""^''"" be a proclamation issued under an Order of the Lieutenant Cap. 1 INTERPRETATION GO. N'umber and gender ' Person ' ' Writing " 'Xow'' 'Nest" 'Month" ' Year " ' Holiday ' Governor in Council but it slmll not be necessary that be it mentioned in the proclamation that it is issued under such Order ; 14. Words importing the singular number or the inasculine gender only include more persons, parties or things of the same kind than one and females as well as males and the converse; 15. The expression "person" includes any body corporate and politic or party and the heirs, executors, administrators or other legal representatives of such person to whom the context can apply according to law ; 16. The expression " writing," " written " or any term of like import includes words printed, painted, engraved, lithographed or otherwise traced or copied ; 17. The expression "now" or "next" shall be construed as having reference to the time when the Ordinance was assented to ; 18. The expression " month " means a calendar month ; and the expression " year " means a calendar year ; and the number of any year (unless the contrary is indicated) means " the year of our Lord " without the mention of " the year of our Lord ;" 19. The expression "holiday" includes Sunday, New Year's day, Ash Wednesday, Good Friday, Easter Monday, the second Friday in May to be known as Arbour day, Christmas day, the birthday or the day fixed by proclamation for the celebration of the birthday of the reigning Sovereign, Domin- ion day, Labour day and such day as may in each year be proclaimed a public holiday for the planting of forest and other trees and any other day appointed by proclamation for a general fast or thanksgiving ; 20. The term " gazette " or " ofBcial gazette " whenever enacted means The North-West Territories Gazette published by the Queen's printer under the authority of the Lieutenant Governor in Council ; Time expiring 21. If the time limited by any Ordinance for anj? proceeding on holiday ^^ ^^^ doing of anything under its provisions expires or falls upon a hoKday, the time so limited shall be extended to and such thing may be done on the day next following which is not a holiday ; standard time 22. The time uscd 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 declared to be the standard time of the Territories ; and when any Ordinance refers to any particular time of day such standard time shall be considered to be meant ; 23. The expression " felony " shall mean any crime which before the passing of The Criminal Code 1892 would have been a felony under the law of Canada ; and " misdemeanour " shall mean any crime or offence which before the passing of the said Code would have been a misdemeanour under the said law ; 4 ' Gazette " 'Felony 1898 INTERPRETATION Cap. 1 5 24. The expression "oath " includes a solemn afBrmation or "Oath" declaration whenever the context applies to any person and case by whom and in which a solemn affirmation or declaration may be made instead of an oath ; and in like cases the expres- sion "sworn" includes the expression "affirmed" or "declared;" "Sworn" 25. Whenever (by any Ordinance or by any Order, regulation offlcerato or conuiiission made or issued by the Lieutenant Governor or *^ '^ Lieutenant Governor in Council under any law authorising him to require the taking of evidence under oath) an oath is autho- rised or directed to be made, taken or administered, such oath may be administered and a certificate of its having been made, taken or administered may be given by any one named in any such Ordinance, Order, regulation or commission, or by a judge of any court, a notary public, a justice of the peace or a com- missioner for taking affidavits having authority or jurisdiction within the place where the oath is administered ; .26. The expression "sureties" means sufficient sureties and ;;sureties" the expression "security " means sufficient security; and when- ever these words are used one person shall be sufficient therefor unless otherwise expressly required ; 27. The expression " magistrate " means justice of the peace ; 'Magistrate', 28. The expression "justice" means a justice of the peace "Justice" 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 anything is directed to be done by or before a magis- pffioi_ai 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- implied tionary to do or to enforce the doing of any act or thing, all p"""'®^* 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 ; 3L If in any Ordinance any person is directed to be iin- imprisonment 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 coiuraon gaol which is nearest to such locality; and the keeper of any such common gaol shall receive such person and safely keep and detain him in such common gaol under his custody until discharged in due course of law or bailed in cases in which bail may by law be taken ; 32. If any sum of the public money be by any Ordinance Pubu-Jj.^^^^ appropriated for any purpose or directed to be paid by the ^''P''"" "'''' 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 Terri- tories out of the general revenue fund of the Territories ; and 5 Cap. 1 INTERPHETATION CO. Appointment, removal, etc., of offloials Successors and dmjuties of omcials Minister of Crown Officers retained during pleasure When majority may act Effect of incorporation Forms Repeal of by-laws, etc. Private Ordinances Power of repeal reserved 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 authorising the appointment of any public officer or functionary or any deputy include the power of removing or suspending him, reappointing or reinstating him or appoint- ing another in his stead in the discretion of the authority in whom the power of appointment is vested ; 84. Words directing or empowering any public officer or functionary to do any act or thing or otherwise applying to him by his name of office include his successors in such office and his or their lawful deputy ; 35. Words directing or empowering a minister of the Crown 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 the authority of an Ordinance (whether by commission or otherwise) shall remain in office during pleasure only unless otherwise authoiised by law ; 37. When any act or thing is required to be done by more than two persons a majority of them may do it ; 38. Words making any as-ociation or number of per.'ions a corporation or body politic and corporate .^shall vest in such cor- poration power to sue and be sued, contract and be contracted with by their corporate name ; to have a common seal and to alter or change the same at their pleasure; and to have per- pi tual succession ; and power to acquire and liold per.sonal pro- perty or movables for the purposes for which the corporation is constituted and to alienate the same at pleasure ; and shall also vest in any majority < if the members of the corporation the power to bind the others by their acts ; and shall exempt the individual members of the corporation from personal lia- bility for its debts or obligations or- acts provided they do not violate the provisions of the Ordinance incorporating them ; 39. Whenever forms are prescribed slight di-viations there- from not affecting che 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 to alter or revoke the same and nrake others ; 41. No provision or enactment in any Ordinance which is of the nature of a private Ordinance shall affect the rights of any person or of any body politic, corporate or collegiate, such only excepted as are therein mentioned or referred to ; 42. Every Ordinance shall be so construed as to reserve to the Legislative Assembly the power of repealing or amending 1898 intkrprktation Cap. I 7 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- 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 Effect of repeal 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 Repeal no di,i_^ ,. , iii- ij. J. declaration as eeme^l to be or to involve any declaration whatsoever as to to law the previous state of the law ; previously 45. Whenever any Ordinance is repealed (wholly or in part) Repeal: and other provisions are substituted and whenever any regula- o°previoua°° tion is revoked and other provisions substituted all officers, °'^''®^^' '^''=- 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 regulation shall be taken up and continued under the new law or regulation when not inconsistent therewith ; and all penalties and forfeit- ures 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 adapt- ed to the old law or regulation ; 46. Whenever any Ordinance is repealed (wholly or in Repeal: part) and other provisions are substituted all by-laws, orders, continued''^" 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 Repeal: repealed and other provisions are substituted by way of old law amendment, revision or consolidation, any reference in any unrepealed Ordinance (or in any rule, order or regulation made thereunder) to such repealed Ordinance or enactment shall as regards a.ny subsequent transaction, matter or thing be held and construed to be a reference to the provisions of the substituted Ordinance or enactment relating to the same subject matter as such repealed Ordinance or enactment : Provided always that where there is no provision in the substituted Ordinance or enactment relating to the same sub- ject matter, the repealed Ordinance or enactment shall stand good and be read and construed as unrepealedin so far (but in so far only) as is necessary to support, maintain or give effect to such unrepealed Ordinance or such rule, order or regulation made thereunder ; 48. The repeal of an Ordinance or the revocation of a regula- Repeal: tion at any time shall not affect any act done or any right or rlfhts"^ right of action existing, accruing, accrued or established or^^^^^^^ any proceedings commenced in a civil cause before the time 8 Cap. 1 INTERPRETATION 0. 0. when such repeal or revocation takes effect ; but the proceed- ings in such case shall be conformable when necessary to the repealing Oi'dinance or regulation ; Enforcement 49. Unless otherwise therein specially provided, proceedings o( Ordinances |.^^ ^j^^ imposition of puni,shment 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 ; Application of 50. Any duty, penalty, fine or sum of money or the proceeds of any forfeiture under any law of the Territories shall (if no other provision be made I'especting it) belong to the Crown for the public uses of the Territories and form part of the general revenue fund of the Territories ; Recovery of 51. Where a pecuniary penalty or a forfeiture is imposed unprovided ^01" ^he contravention of any Ordinance then (if the provisions cases of part LVIII aforesaid are not applicable to the case and if no other mode is prescribed for the recovery of such penalty or forfeiture or if the mode prescribed is not applicable to the case) the penalty or forfeiture shall be recoverable with costs by civil action or proceeding at the suit of the Attorney General or of a private party suing as well for the (Jrown as himself in the Supreme Court in any judicial district of the Territories ; if no other provision is made for the appropria- tion of the penalty or forfeiture one-half thereof shall belong to the Government of the Territories and the other half shall belong to thi- piivate plaintiff if any there be and if there be none the whole shall belong to the Crown ; Repeal: 52. No offence committed and no penalty or forfeiture torfeitures" not incurred and no proceeding pending under any Ordinance affected at any time repealed or under any regulation at any time revoked shall be affected by the repeal or revocation, except that the procei'ding shall be conformable when necessary to the repealing Ordinance or regulation ; and whenever any penaltj', forfeiture or punishment is mitigated by any of the provisions of the rejiealing ')rd'inance or regulation, such provisions shall bo extended and applied to any judgment to be proni'unced after such repeal or revocation ; Ordinances 53. Every Ordinance shall ('unless by express provision it public jg declared to be a private Ordinance) be deemed to be a public Judicial notice Ordinance and shall be judicially noticed by all judges, ju.stices of the peace and others ; Printed copies 54. Everv copy of any Ordinance (public or private) printed of Ordinances , j.i, -i" e "I i n i ■ t '■ c ■, ^^ ■.. ' t" '"""-" by authority ot law .shall he 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 ; Evidence of 55. A copy of any regulation or Order of the Lieutenant Council'" Governor in Council printed by the Quee /s Printer or a wi'itten copy thereof attested by the signature of the clerk of the Executive Council shall be evidence of such regulation or 1898 INTERPRETATION Cap. 1 9 Order ; and any Order in writing signed by the member of the Executive Conncil fulfilling the duties of the Territorial Secretary and purporting to be written by command of the Lieutenant Governor shall be received in evidence as the Order of the Lieutenant Governor ; 56. The preamble of every Ordinance shall be deemed a c^onstraotion part thereof intended to assist in explaining the purport and object of the Ordinance ; and every Ordinance and every provision or enactment thereof shall be deemed remedial (whether its immediate purport is to direct the doing of any thing which the Legislative Assembly deems to be for the public good or to prevent or punish the doing of any thing which it deems contrary to the public good) and shall accord- ingly receive such fair, large and liberal construction and interpretation as will best insure the attainment of the object of the Ordinance and of such provision or enactment according to its true intent, meaning and spirit ; 57. Where reference is made in any Ordinance by number Reference to to two or more sections, subsections, clauses or paragraphs gf^^'^^""^ 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 to be a reference to such section, subsection, paragraph, clause or line of such other Ordinance as printed by authority of law ; 59. Where an Ordinance is not to come into operation imme- Proceedings diately on the passing thereof and confers power to hold any ordSance election, to make any appointment, to make, grant or issue any oominglnto *° instrument, Order in Council, order, warrant, scheme, letters force patent, rules, regulations or by-laws, to give notices, to pre- scribe forms or to do any other thing for the purposes of the Ordinance, that power may (unless the contrary intention appears) be exercised at any time after the passing of the Or- dinance so far as may be necessary or expedient for the pur- pose of bringing the Ordinance into opeiation at the date of the commencement thereof, subject to this restriction that any such instrument. Order in Council, order, warrant, scheme, letters patent, rules, regulations or 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"*"™'^'™''''™ and not inconsistent with this section. R.O. c. 1, s. 8; No. 3 of 1S91-2, s. 1 ; No. 3 of 1892 ; No. 14 of 1893, ss. 1, 2 : No. 16 of 1897, s. 9 ; No. 38 of 1897, s. 2 (3, 4, 5, 6, 7, 8, 9, la, 11, 12, 13, 14) ; No. 2 of 1898, ss. 1, 2, 3, 4, 5, 6, 8. CUSTODY OF ORDINANCES. 9, All Ordinances heretofore passed, now passed and here- ordinances to after to be passed shall be and rontinue to. remain of record in^*^"* record 9 10 Cap. 1 INTERPRETATION the custody of the clerk of the Legislative Assembly. 1, s. 9 ; No. 38 of 1897, s. 2 (15). CO. RO. c. Authenti- cation of copies CERTIFIED COPIES OF ORDINANCES. 10. The clerk of the Legislative As.sembly shall affix the seal of the Territories to certified copies of all Ordinances in- tended 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. R.O. c. 1, s. 10 ; No. 2 of 1898, s. 7. 11. The clerk of the Legislative Assembly shall furnish a certified copy of any Ordinance to any person applying for the same upon receiving from sach person such fee (not exceeding ten cents for every hundred words) as the Lieutenant Governor in Council may from time to time direct. R.O. c. 1, s. 11 ; No. 2 of 1898, s. 7. Certificate 1 3. The clerk of the Legislative Assembly shall insert at the foot of every such copy so required to be certified a written certificate duly signed and authenticated by him to the eifect that it is a true copy ; and in case of any Ordinance disallowed DisaUowance 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 ." R.O. c. 1, s. 12. Certified copies Interpretation liereof CONSTRUCTION OF THIS ORDINANCE. 1 3. The provisions of this Ordinance shall apply to the con- struction thereof and to the words and expressions used there- in. R.O. c. 1, s. 14. 10 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 Legisl&,tive Assembly of the Territories enacts as follows : LEGISLATURE. 1. The Legislative Assembly shall be composed of thirty-one Legislative meiiibefs elected to represent the electoral districts set forth in '*'^^®™'''^ schedule 1 appended to this Ordinance. No 11 of 1895, s. 1 ; No. 3 of 189«, s. 1. QUORUM. 3. The quorum required for the transaction of bu^siness in Quorum the Legislative Assembly siiall be ten, of whom the speaker may be one. No. 11 of 1895, 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^^®** *"" necessary to leave the chair during any part of the sitting oif°^^^^^^'^ the House on any day he may call upon the deputy speaker (or in his absence upon anj? member of the House) to take the chair and act as speaker during the remainder of such day unless the speaker himself resumes the chair before the close of such sitting of that day ; and the deputy speaker or the mem- ber so called upon shall take the chair and act as speaks accordingly; and any Ordinance passed and every order made and thing done ly the said Legislative Assemblj' while such deputy speaker or member is acting as speaker as aforesaid shall be valid and effectual to all intents and purpo.ses as if done while the speaker himself was presiding in the chair. No. 11 of 1895, s 3; No. 38 of 1897, s. 3 (1). 4. Whenever the House is informed by the clerk at the table Absence of of the unavoidable absence of the speaker, the deputy speaker ^^^^ '^^ (if present) shall take the chair and shall perform the duties aud exercise the authority of speaker in relation to all the pro- U Cap. 2 LEGISLATIVE ASSEMBLY CO. 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. No. 11 of 1895, s. 4. Absence of speaker and deputy 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 to elect a member to take the chair and act as speaker for that day. No. 11 of 1895, s. 5 ; No. 38 of 1897, s. 3 (2). Acts done in absence of speaker C Every Ordinance passed and every order made and thing done by the said Assembly while such deputy speaker or mem- ber is acting or presiding as speaker as aforesaid shall be as valid and effectual to all intents and purposes as if done while the speaker himself was presiding in the chair. No. 11 of 1895, s. 6 ; No. 38 of 1897, s. 3 (2). Votes on questions in Assembly 1. 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. No. 11 of 1895, s. 7 ; No. 38 of 1897, s. 3 (4). Speaker's allowance 8. An allowance of $500 shall be payable to the speaker of the Legislative Assembly for each session of the Legislature. No. 11 of 1895, s. 8 ; No. 38 of 1897, s. 3 (5). VACATING OF SEATS. Resignation of members In House To speaker 9. Any member of the Legislative Assembly may vacate his seat therein in the manner herein provided : 1. He may openly in his place in the Legislative Assembly declare his 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 maj? deliver to the speaker a statement in writing under his hand attested by two witnesses declaring his resig- 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. No. 11 of 1895, ss. 9, 10 11; No. 38 of 1897, s. 3(6). To two members 10. If any member of the Legislative Assembly wishes to resign his seat (whether during or before any session or in the interval between two sessions of the Assembly) and there be then no speaker or such member be the speaker he may address and cause to be delivered to any two members of the Legislative 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. No. 11 of 1895, s. 12; No. 38 of 1897, s. 3 (7). 12 1898 LEGISLATIVE ASSEMBLY Cap. 2 3 11. The speaker or such two members as the case may be issue of writ upon receiving such declaration or resignation shall forthwith ° '^'^^^'^°y address hjs 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. No. 11 of 1895, s. 13 ; No. 38 of 1897, s. 3 (8). 12. Upon any vacancy in the repi-esentation of any elec- Vacancy toral district created by death or in any way other than by ?e8i|nSi'"n'" resignation, 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 tnat in case such vacancy shall occur subsequently to a general election and before the first meeting of the Legis- lative Assembly thereafter such notice and requisition to the clerk of the Executive Council may be given by two members elect of the .'said Legislative Assembly of whose election the said clerk as such shall have had due notice ; and such notice and every such notice and requisition given under this section shall be submitted forthwith after its receipt by the said clerk to the Lieutenant Governor ; and upon its return by him to the said clerk indorsed as approved the necessary proceeding shall be taken in pursuance thereof as in the case of a warrant under the next preceding section. No. 38 of 1897, s. 3 (9). 13. No member elect to the Legislative Assembly shall be Resignation permitted to resign under the provisions of this Ordinance so pending Ions: as any proceedings are pending under any of the provi- pTOo'eedings sions of The Territories Elections Ordinance nor until he has been finally declared elected. No. 11 of 1895. s. 14 ; No. 38 of 1897, s. 3 (10). 1 4. The resignation of a member shall in no way affect the Resignation conduct or result of any proceedings taken under the provi- proceedings sions of any Ordinance of the Territories respecting contro- verted elections. No. 11 of 1895, s. 14. INDEMNITY TO MEMBERS. 15. In each session of the Legislative Assembly there shall MeniberV^ 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 s^hall 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 ^ 13 4 Cap. 2 LEGISLATIVE ASSEMBLY C. 0. aforesaid shall be reckoned as a day of attendance at such ses- sion. No. 11 of 1895, s. 15 ; No. 16 of 1S96, s. 1. How paid l^* 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. No. 11 of 1895, s. 16 ; No. 38 of 1897, s. 3 (11). Member for 1 Y. If any member be elected and take his seat in the sesJion"^'"' Assembly after the commencement of the session or if during the ses.sion 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. No. 11 of 1895, s. 17. Travelling 18. There shall be allowed to each member the amount of expenses jjjg actual travelling expenses in coming from and going to his place of residence within the Territories to and from the place where the ses.sion is held, which amount shall be determined and certified by the speaker. No. 11 of 1895, s. 18. Declaration of 1 9. The sum due to every member at the close of a session forMemnity shall be Calculated and paid to him on his making and signing and expenses jjgfore the clerk of the Legislative Assembly or a justice of the peace a solemn declaration to be kept by the Territorial Trea- surer showing : (a) The number of days on which he has attended the session ; (b) The number of days (if anj') for which a deduction from the amount of his sessional allowance has to be made under any preceding section of this Ordinance ; and (c) The amount of his actual travelling expenses as deter- mined and certified bv the speaker. No. 11 of 1895, s. 19 ; No. 38 of 1897,' s. 3 (12). EXAMINATION OF A WITNESS. Attendance of SO. The Legislative Assembly may at all times command witnesses g^jj,j compel the attendance before the Assembly or before any committee thereof of such persons and the production of such papers and things as the Assembly or committee may deem necessary for any of its proceedings or deliberations. No. 11 of 1895, s. 20. Speaker's 3 1 . Whenever the Legislative Assembly requires the atten- subp^osna'"^ dance of any person before the said Assembly or before a com- 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 14 1898 LEGISLATIVE ASSEMBLY Cap. 2 -t Legislative Assembly or a committee thereof and the produc- tion of such papers and things as may be ordered. No. 11 of 1895, s. 21. OATHS TO WITNESSES. 33. Any standing or select committee of the Legislative As- Examination sembly may require the facts, matters and things relating to the °° ^''^ subject of inquiry to be verified or otherwise ascertained by the oral examination of witnesses and may examine such wit- nesses upon oath and for that purpose the chairman or any other member of the committee may administer to any witness an oath or affirmation in form A or form B of schedule 2 appended to this Ordinance. No. 11 of 1895, s. 22. SCHEDULE 1. The electoral district of Moosomin shall consist of that por- Moosomin 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 ; and on the west by the second meridian in the said Dominion lands system of sur- vey : and such electoral district shall return one member. The electoral district of Saltcoats shall consist of those por- saitooata tions of the provisional districts of Assiniboia and Saskatche- wan bounded on the east by the western boundary of the Pro- vince of Manitoba ; on the north by the tenth correction line in the Dominion lands system of survey, being the line between townships thirty-eight and thirty-nine ; on the west by the line between ranges three and four west of the second meri- dian ; on the south as follows : Commencing at the intersec- tion of the northern boundary of township nineteen with the western boundary of the Province of Manitoba, thence west following the said northern boundary of township nineteen to its intersection with the second meridian, thence north follow- ino- the said second meridian to the northern boundary of township twenty, thence west following the said northern boundary of said township twenty to its intersection with the line between ranges three and four west of the second meridian : and such electoral district shall return one member. The electoral district of Yorkton shall consist of thevorkton territory bounded en 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 tenth correction line, being the line between townships thirty-eight and thirty-nine in the Dominion lands sy.stem of survey ; on the south by a line which may be described as follows : Commencing at the point where the line between townships twenty and twenty-one, being the sixth base line of the Dominion lands system of survey, inter- sects the line between ranges three and four west of the second 15 Cap. 2 LEGISLATIVE ASSEMBLE CO. Whitewood Grenfell Souris Wolselcy meridian, thence westerly following the .said sixth base line to its intersection with the line between ranges six and .seven west of the second meridian, thence north along the said line between ranges six and seven to its intersection with the northern boundary of township twenty-one, thence west fol- lowing the said northern boundary of township twenty-one to its intersection with the line between ranges seven and eight west of the second meridian, thence north following the said line between ranges seven and eight to the northern boundary of township twenty-two, thence west following the said north- ern boundary of township twenty-two to its intersection with the line between ranges ten and eleven west of the second meridian ; and on the west by the line between said ranges ten and eleven : and such electoral district shall return one mem- ber. The electoral district of Whitewood shall consist of that portion of the provisional district of Assiniboia bounded on the east by the second meridian of the Dominion lands system of survey ; on the south by the line between townships eleven and twelve ; on the west by the line between ranges four and live west of the second meridian ; and on the north by the line between townships twenty and twenty-one : and such electoral district shall return one member. The electoral district of Grenfell shall consist of that portion of the provisional district of Assiniboia bounded on the east by the line between ranges four and five west of the second meridian in the Dominion lands system of survey ; on the south by the line between townships eleven and twelve ; and on the west and north as follows : Commencing at the inter- section of the line between ranges eight and nine west of the second meridian with the northern boundary of township eleven, thence north following the said line between ranges eight and nine to its intersection with the northern boundary of township twenty-two, thence east along the said northern boundary of township twenty-two to its intersection with the line between ranges seven and eight west of the second meri- dian, thence south along the said line between ranges seven and eight to its intersection with the northern boundary of township twenty, thence east along the said northern boundary of township twenty to its intersection with the line between ranges four and five west of the second meridian : and such electoral district shall return one member. The electoral district of Souris shall consist of that portion the provisional district of Assiniboia bounded on the south by the forth-nlnth parallel of latitude, being the international boundary line ; on the east by the western boundary of the Province of Manitoba; on the west by the line between ranges ten and eleven ; and on the north bj' the line bet\veen town- ships six and seven, all west of the second mei'idian in the Dominion lands system of survey : and such electoral dis- trict shall return one member. The electoral district of Wolseley shall consist of that por- tion of the provisional district of Assiniboia bounded on the 16 1898 LEGISLATIVE ASSEMBLY Cap. 2 east 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 townships eleven and twelve ; and on the west and north as follows : Commencing at the intersection of the line between ranges eleven and twelve west of the second meridian with the northern boundary of town- ship eleven, thence north along the said line between ranges eleven and twelve to its intersection with the northern bound- ary of township nineteen, thence east along the said northern boundary of township nineteen to its intersection with the line between ranges ten and eleven west of the second meridian, thence north along the said line between ranges ten and eleven to its intersection with the northern boundary of township twenty-two, thence east along the said northern boundary of township twenty-two to its intersection with the line between ranges eight and nine west of the second meridian : and such electoral district shall return one member. The electoral district of South Qu'Appelle shall consist of gouth that portion of the provisional distiict of Assiniboia bounded " ^^^ ^ on the south by the international boundary line ; on the east by a line whicla may be described as follows : Commencing at the point where the line between ranges ten and eleven inter- sects the international boundary line, thence northerly along said line between ranges ten and eleven to its intersection with the line between townships eleven and twelve, thence westerly along said line between townships eleven and twelve to its intersection with the line between ranges eleven and twelve, thence northerly along said line between ranges eleven and twelve to its intersection with the line between townships nineteen and twenty ; on the north by the line between town- ships nineteen and twenty ; and on the west by the line between ranges sixteen and seventeen, all west of the second meridian in the Dominion lands system of survey : and such electoral district shall return one member. The electoral district of North Qu'Appelle shall consist of all North that poi'tion of the provisional district of Assiniboia bounded oh the south by the line between townships nineteen and twen- ty; on the east by the line between ranges ten and eleven; on the north by the ninth correction line, being the northern boundary of the provisional district of Assiniboia ; and on the west by the line between ranges sixteen and seventeen, all west of the second meridian in the Dominion lands system of survey: and such electoral district shall return one member. 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 ; on 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 ninth correction line, being the northern boundary of the provisional district of Assiniboia, and on the west by the line between ranges twenty-three and twenty-four, all west of the second meridian in the Dominion lands system of survey : and such electoral district shall return one member. 2 17 Cap. LEGISLATIVE ASSEMBLY C. 0. South Regina Moose Jaw Cinnington The electoral district of South Regina shall consist o£ that portion of the provisional district of Assiniboia bounded on the south by the fortj'-ninth parallel of latitude or the inter- national boundary line ; on the east by the line between ranges sixteen and seventeen; on the north by a line drawn through the centre of the track of the main line of the Canadian Pacific railway ; and on the west by the line between ranges twenty- three and twenty-four, all west of the second meridian in the Dominion lands system of survey : and such electoral district shall return'one member. The electoral district of Moose Jaw shall consist of that portion 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 ; on the west by the line between ranges seven and eight west of the third meridian ; on the south by the international boundary line or forty-ninth parallel of latitude ; and on the north by the ninth correction line, all in the Dominion lands .system of survey : and such electoral district shall return one member. The electoral district of Cannington shall consist of that portion of the provisional district of Assiniboia bounded on the youth by the line between townships six and seven ; on the north by the line between town.ships eleven and twelve ; on the east by the line between ranges twentj^-niiie and thirty west of the first meridian ; and on the west by the line be- tween ranges ten and eleven west of the second meridian, all in the Dominion lands system of survey : and such electoral district shall return one member. Medicine Hat The electoral district of Medicine Hat shall consist of that portion of the provisional district of Assiniboia lying to the west of the line between ranges seven and eight west of the third meridian in the Dominion lands system of survey : and such electoral district shall return one member. L3thbridge The elpctoral district of Leth bridge shall consist of thnt portion of the provisional district of Alberta bounded on the east by the western boundary of the provisional district of Assiniboia; on the south by the forty-ninth pai'allel of latitude or international boundary line ; and on the north and west as follows : Commencing at the point where the fifth base line in the Doniinion lands system of survey intersects the western boundary of the provisional district of As.siniboia, thence westerly following the said base line to its intersection with the line between ranges twenty- one and twenty-two west of the foui-th meridian, thence southerly along the said line be- tween ranges twenty-one and twenty-two to its intersection with the west bank of the Belly river, thence following the west bank of the said river to the point of junction of the St. Mary's river with the said Belly river, thence southerly and westerly following the west bank of the St. Mary's river to its intersection with the south boundary of the Blood Indian reserve, thence westerly following the south boundary of the said reserve to its intersection with the line between ranges twenty-seven and twenty-eiglit west of the fourth meridian la 1898 LKGISLATI\E ASSEMBLY Cap. 2 thence southerly along the line between the said ranges twenty-seven and twenty-eight to its intersection with the first correction line in the Dominion lands system of survey, thence westerly following along the south side of the said correction line to its intersection with the eastern boundary of the Province of British Columbia : and such electoral district shall return one member. The electoral district of Macleod shall consist of that portion Macieod of the provisional district of Alberta bounded on the north by the fifth base line in the Dominion lands system of survey ; oil the east and south by the western and northern boundaries of the electoral district of Lethbridge above described, and on the west by the eastern boundary of the Province of British Columbia : and such electoral district shall return one member. The electoral district of East Calgary shall consist of all thatKast Caigary portion of the provisional district of Alberta bounded on the east by the eastern boundary of said provisional district of Alberta ; on the north by the line between townships twenty- four and twenty-five in the Dominion lands system of survey ; and on the west and south as follows : Commencing at the point where the line between townships twenty-four and twenty five is intersected by the eastern boundary of section? twenty-one, twenty-eight and thirty-three in township twenty- four range one west of the fifth meridian, thence southerly along said eastern boundary to its intersection with the south bank of the Bow river, thence easterly along the south bank of the said river to its intei'section with the western limit of Centre street in the city of Calgary according to the registered plan of said city on file in the land titles office in and for the South Alberta land registration district, thence southerljf along said western limit of Centre street and its production south- ward to a point in section ten in saifl township on the west bank of the Elbow river, thence southerly and westerly along the west bank of said river to its intersection with the north- ern boundary of the southerly tier of sections in said township, thence easterly along the northern boundary of said soiitherly tier of sections to its intersection with the west bank of the Bow river, thence southerly and easterly along the west bank of said river to its intersection with the fifth base line, thence easterly along the said fifth base line to the eastern boundary of the provisional district of Alberta : and such electoral dis- trict shall return one member. The electoral district of West Calgary shall consist of all West Caigarj- that portion of the provisional district of Alberta bounded on the east by the eastern boundary of the said provisional dis- trict of 'Alberta ; on the north by the north boundary of town- ship thirty-three in the Dominion lands system of survey ; on the Vest by the line between ranges three and four west of the fifth meridian ; and on the south as follows : Commencing at the point where the line between the said ranges three and four intersects the sixth correction line, thence easterly along the said line to its intersection with the west bank of the Bow river, thence northerly and westerly following the west bank 2i ' 19 10 Cap. 2 LEGISLATIVE ASSEMBLY CO. High River Banff Red Deer Wetaskiwin of the said river to its intersection with the northern boundary of the southerly tier of sections in township twenty-four range one west of the tifth meridian, thence westerly along the northern boundary of said southerly tier of sections to its intersection with the west bank of the Elbow river, thence northerly and easterly following the west bank of the said river to a point thereon in section ten and being the inter- section of .said west bank of Elbow river with the production southerly of the western limit of Centre street according to the registered plan nf the city of Calgary on file in the land titles office in and for the South Alberta land registration district, thence northerly to and along the said western limit of Centre street to its intersection with the south bank of the Bow river, thence westerly following the south bank of the said river to its intersection with the line between sections twenty-one and twenty-two in said township twenty-four, thence northerly along the eastern boundary of sections twenty-one, twenty-eight and thirty-three to the line between townships twenty-four and twenty-five, thence easterlj' along the said line tu the eastern boundary of the provisional district of Alberta : and such electoral district shall return one mem- ber. The electoral district of High River shall consist of all that portion of the provisional district of Alberta bounded on the south by the fifth base lino in the Dominion lands system of survey ; on the west by the western boundary of the provi- sional district of Alberta ; on the north by the sixth correction line ; and on the east by the west hank of the Bow river: and such electoral district shall retutn one member. The electoral district of Banff shall consist of that portion of the provisional district of Alberta bounded on the west by the western boundary of the provisional district of Alberta; on the north by the ninth correction line in the Dominion lands system of .survey ; on the east by the line between ranges three and four west of the tifth meridian ; and on the south by the sixth correction line : and such electoral district shall return one member. The electoral district of Eed Deer shall consist of that por- tion of the provisional district of Alberta bounded on the south by the south boundai-y of township thirty-four across ranges eleven to twenty-nine inclusive west of the fourth meridian and ranges one to three inclusive west of the fifth meridian and by the south boundary of township ihirty-five from rang(! three west of the fifth meridian to the western boundary of the said provisional district of Alberta ; on the east by the line between ranges ten and eleven west of the fourth meridian ; on the north by the line between townships forty-one and forty-two ; and on the west by the westein boundfiry of the said provisional district of Albtrta : and such electoral district shall return one member. The electoral district of Wetaskiwin shall consist of those portions of the provisional districts of Alberta and Saskatche- wan bounded on the south by tbe line between townships 20 1898 LEGISLATIVE ASSEMBLY Cap. 2 11 forty-one and forty-two in the Dominion lands sj'siera of survey ; on the east by the line between ranges seven and eight west of the fourth meridian ; on the north by the line between townships fort3'-nine and fifty ; and on the west by the western boundary of the said provisional district of Alberta : and such electoral district shall return one member. The electoral district of Edmonton shall consist of those Edmonton portions of the provisional districts of Alberta and Saskatclie- wan hounded 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 between ranges seven and eight west of the fourth meridian ; on the north by the central east and we^t section line of township fifty-three ; and on the west by the western boundary of the said provisional district of Alberta : and such electoral district shall return one member. The electoral district of Victoria shall consist of those por- victoria tions of the provisional districts of Alberta and Saskatchewan bounded on the east by the line between ranges seven and eight west of the fourth meridian in the Dominion lands system of survey ; on the south by the central east and west section line in township fifty-three; on the north by the northern boundary of the said provisional districts of Alberta and Saskatchewan ; and on the west as follows : Commencing at a point where the said central east and west section line in township fifty-three intersects the eastern bank of the North Saskatchewan river, thence northerly and easterly along the said bank of the Saskatchewan river to its intersection with the line between ranges twenty and twenty-one west of the fourth meridian, thence north along the siid line to its inter- section with the said northern boundary of the provisional district of Alberta : and such electoral district shall return one member. The electoral district of St. Albert shall consist of that st. Albert portion of the provisional district of Alberta bounded on the west by the western boundary of the said provisional district of Alberta ; on the north by the northern boundary of the said provisional district of Alberta ; on the south by the central east and west section boundary in township fifty-three: and on the east as follows : Commencing at the point whtre the east and west central .section boundary in township fifty- three intersects the west bank of the Noi'th Saskatchewan river, thence northerly and easterly following the west bank of the said river to its intersection with the line between ranges twenty and twenty-one west of the fourth meridian, thence north along the said line between ranges twenty and twenty-one to the northern boundary of the said provisional district of Alberta : and such electoral district shall return one member. The electoral district of Battleford shall consist of that Battieford portion of the provisional district of Saskatchewan bounded on the north and south by the north and south boundaries of the said provi.si(mal district of Saskatchewan; on the east as follows : Commencing at the intersection of the line b>tween ranges eleven and twelve west of the third meridian in the 12 Cap. 2 LEGISLATIVE ASSE:\rBLY C. 0. Dominion lands system of suivej' with the said southern boundaiy of the provisional district of Saskatchewan, thence northerly following the said line between ranges eleven and twelve tu its intersection with the northern boundary of town- ship fifty-one, thence west following the said northern boundary of township fifty-one to its intersection with the line between ranges twelve and thirteen west of the third meridian, thence north following the said line between ranges twelve and thirteen to its intersection with the said northern boundary of the said provisional district : and on the west as follows : Commencing at the point where the line between ranges ten and eleven west of the fourth meridian intersects the southern boundary of said provisional district, thence north following the said line between ranges ten and eleven to its intersection with the northern boundary of township forty-one, thence east following the said northern boundarj^ of township forty-one to its inter- section with the line between ranges seven and eight west of the fourth meridian, thence north following the said line be- tween ranges seven and eight to its intersection with the northern boundary of the said provisional district : and such electoral district shall return one member. Mitchell The electoral district of Mitchell shall consist of that portion uf the provisional district of Saskatchewan bounded on the south by the ninth correction line in the Dominion lands system of survey : on the west by the line between ranges eleven and twelve west of the third meridian ; on the north and east as follows : Commencing at the point where tlie northern boundary of township fifty-one intersects the line lietween ranges ele\en and twelve west of the third meridian, thence east following the said northern boundary of township fifty -one to its intersection with the line between ranges four and five west of the third meridian, thence south following the said line between ranges four and five to its intersection with the north boundary of township forty-seven, thence east following the said northern boundary of the said township forty-seven to its intersection with the line between ranges one and two west of the third meridian, thence south along the said line between ranges one and two to the north boundary of township forty-four, thence east along the said north boundary of township forty-four to its intersection with the west bank of the South Saskatchewan river, thence southerly and wester- ly along the west bank of the South Saskatchewan river to its intersection with the north boundary of township forty, thence east along the said north boundary of township forty to the line between ranges one and two west of the third meridian, and thence south along the said line to the ninth correction line : and such electoral district shall return one member. The electoral district of Batoche shall consist of that portion of the provisional district of Saskatchewan bounded on the south by the ninth correction line in the Dominion lands system of survey ; on the east by the line between ranges twenty-three ami twenty-four west of the second meridian ; on the west and north as follows : Commencing at the point where the line between ranges one and two west of the third 22 Baloclic 1898 LEGISLATIVE ASSEMBLY Cap. 2 13 meridian intersects the ninth correction line, thence north along the said line between ranges one and two to the northern boundary of township fortj^ thence west along the said north boundary of township forty to its intersection with the east bank of the iSouth Saskatchewan river, thence northerly and easterly along the said eastern bank of the South Saskatche- wan river to its intersection with the production northerly across the Chacastapasin Indian reserve of the line between ranges twenty-five and twenty- six west of the second meridian, thence south along the said line between ranges twenty-five and twenty-six and its production across the said Indian reserve to the northern boundary of township forty-four, thence east along the said northern boundary of township forty-four across ranges twenty-four and twenty-five west of the second meridian : and such electoral district shall return one member. The electoral district of Prince Albert West shall consist of Prince Albert that portion of the provisional district of Saskatchewan bounded on the north by the northern boundary of the said provisional district of Saskatchewan ; and on the east, south and west as follows : Conmiencing at a point whei'e the line between ranges twenty-six and twenty-seven west of the second meridian in the Dominion lands system of survey inter- sects the north boundary of the said provisional district of Saskatchewan, thence south following the said line between ranges twenty-six and twenty-seven to its intersection with the south bank of the North Saskatchewan river, thence easterly along the south bank of the said river to its intersec- tion with the west line of the Presbyterian Mission lot in the Prince Albert settlement survey (which said lot is numbered seventy-eight in the survey of Prince AUiert settlement by Montague Aldous, D.L.S., and the plan of the said survey is of record in the department of the interior at Ottawa), thence south following the westerly limit of the said lot to its inter- section with the south limit of the Prince Albert settlement survey, thence westerly and southerly following the south limit of the Prince Albert settlement to its intersection with the line between sections nine and ten in township forty-eight range twenty-six west of the second meridian, thence south following the line between sections nine and ten and three and four to the southern boundary of the said township forty- eight, thence east along the said southern boundary of town- ship forty-eight to its intersection with the line between ranges twenty-five and twenty-six west of the second meridian, thence south along the line between ranges twenty-five and twenty-six to the northern bank of the South Saskatchewan river, thence southerly and westerly along the .said bank of the Saskatchewan river to its intersection with the nerthern boundary of township forty-four, thence west along the said northern boundary of town.ship forty-four to the line between ranges one and two west of the third meridian, thence north alone the said line between ranges one and two west of the third meridian to tlie northern boundary of township forty- seven thence west along the said northern boundary of town- 23 14 Cap. 2 LEGISLATIVE ASSEMBLY C. 0. Kinistino Prince Albert East ship forty-seven to the line between ranges four and five west of the third meridian, thence north along the said line between ranges four and five to its intersection with the northern boundary of township fifty-one, thence west along the said northern boundary of township fifty-one to its intersection with the line between ranges twelve and thirteen west of the third meridian, thence north along the said line between ranges twelve and thirteen to its intersection with the northern boundary of the provisional district of Saskatchewan : and such electoral district shall return one member. The electoral district of Kinistino shall consist of that portion of the provisional district of Saskatchewan bounded on the east by the eastern limits of the said provisional dis- trict; on the south by a line which may be described as follows : Commencing at the point where the tenth correction line, being the line between townships thirty-eight and thirty- nine in the Dominion lands system of survey intersects the eastern limits of said provisional district, thence westerly following said tenth correction line to its intersection with the line between ranges ten and eleven west of the second meridian, thence southerly oa the line between said ranges ten and eleven to its intersection with the ninth correction line, being the line between townships thirty-four and thirty-five, thence westerly on the said ninth correction line to its inter- section with the line between ranges twenty-three and twenty- four west of the second meridian ; on the west by the line between ranges twenty-three and twenty-four in the Dominion lands system of survey ; and on the north by the line between townships forty-seven and forty-eight in the same system of survey : and such electoral district shall return one member. The electoi-al district of Prince Albert East shall consist of that portion of the provisional district of Saskatchewan bounded on the west by the eastern limit of the electoral district of Prince Albert West before described ; on the north and east by the northern and eastern boundaries of the said district of Saskatchewan ; and on the south by a line which may be described as follows : Commencing at a point where the line between townships forty-seven and forty-eight in the the Dominion lands system of survey intersects the eastern boundary of the district of Saskatchewan, thence due west along the said line to its intersection with the line between ranges twenty-three and twenty-four west of the second meridian, thence due south along the said line to its inter- section with the twelfth base line in the Dominion lands system of survey, thence due west following the said base line to its intersection with the eastern limit of the electoral dis- trict of Prince Albert West, being the line between ranges twenty-five and twenty-six west of the second meridian : and such electoral district shall return one member. 24 1898 LEGISLATIVE ASSEMBLY Cap. 2 15 SCHEDULE 2. Form A. The evidence you shall give on this examination shall be the truth, the whole truth and nothing but the truth. So help you God. 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. No. 11 of 1895. 2.5 CHAPTER 3. An Ordinance respecting Elections, 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 Territories Elec- tions Ordinance." No. 11 of 1897, s. 1. ISSUE OF WRIT. Writ, date of issue and return Returning officer Refusal or inability to act Proviso 3. Every writ for the election of a member of the Legisla- tive 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 ofBcer 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 officer who shall act under the writ already issued : Provided also that no election shall be declared void if the person to whom the writ is addressed acts thereunder as returning officer on the ground that such person is not a resident elector of the district or is otherwise disqualified to act as returning officer. No. 11 of 1897, s. 2. Day and place of nomination to be named in writ At general election day to be same in all districts Fourteen daj-s to elapse between date of writ and nomination 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 shpll 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 at least fourteen days between the date of the writ and the day of nomination mentioned therein. No. 11 of 1897, s. 3. Form of writ 4. The writs of election shall be in form A in schedule How to be 2 to this Ordinance and shall be transmitted by registered 26 1898 ELECTIONS Cap, S 2 letter by tlie clerk of the Executive Council addressed to t].\e u-ansmitted respective returning officers, unless otherwise ordered by the Lieutenant Governor. No. 11 of 1897, s. 4. RETURNING OFFICER. 5. The returning officer shall on receiving the writ of elec- indorsement tion forthwith indorse thereon the date on which he received of writ"' the same ; and before taking any further action thereon he oath of office shall take the oath of office in form B in schedule 2 to this Ordinance ; and shall forthwith cause a certificate as in the said form B of the same having been taken to be forwarded to the clerk of the Executive Council. No. 11 of 1897, s. 5. 6. The returning officer by a warrant under his hand and To appoint an in form C in schedule 2 to this Ordinance shall appoint an election clerk and may at any time daring 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. No. 11 of 1897, s. 6. 1. The election clerk shall assist the returning officer in the Duties of performance of his duties and act in his stead as returning ^'<"''''°" <='"* officer whenever the returning officer after appointing such election clerk refuses or is unable to perform his duties or admits his want of qualification and has not been replaced bj^ another. (2) All the provisions of this Ordinance in regard to return- Responsibiiitj- ing officers shall apply to election clerks acting as returning cierks''act"ing officers. Sli?e\r'"^ (3) The returning officer or election clerk shall not act as deputy returning officer or poll clerk in any polling division. No. 11 of 1897, s. 7 ; No. 4 of 1898, s. 1. 8. The election clerk before acting as such shall take theoathof oath of office in form D in schedule 2 to this Ordinance ^'•''="™ «i«'-k before the returning officer or any person authorised to ad- minister an oath within the Territories ; and a certificate as in the said form D of his having taken such oath shall be delivered to him by the person before whom such oath is taken which he shall cause to be forwarded to the clerk of the Executive Council. No. II of 1897, s. 8. 9. The election clerk, when acting for or in the stead of the Penalties returning officer-shall be subject to like penalties as the return- ing officer for violating any of the provisions of this Ordinance ; but this shall not relieve the returning officer from any penal- ties provided to which he may render himself liable. No. 11 of 1897, s. 9. POLLING DIVISIONS. 10. The returning officer shall with all reasonable speed after receiving the writ of election — 27 3 Cap. 3 EJ.ECTIONS C. G. Building for 1. Fix upon and secure a suitable building in the locality in us ings which the nomination is to be held for use as a hustings ; Polling 2. Subdivide the electoral district into as many polling divisions divisions as he deems necessary for the convenience of electors and number them consecutively and give to each a distinctive name : Proviso Provided always that no such polling division shall have a greater voting population than 2U0 : Proviso Provided further hovirever that if a polling division should include a greater number of voters than 200 the fact shall not be held to invalidate the poll held in that polling division ; nor shall it render the returning oiEcer 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 3. Provide suitable and conveniently situated buildings for polling places ygg ^^g poUJng places in each polling division. No. 11 of 1897, s. 10 ; No. 4 of 1898, s. 2. School houses 11. The returning officer is hereby vested with authority to for polling take and use as a polling place any school house the property places qJ ^j^y public Or separate school district organised by virtue of any Ordinance of the Territories, if such school house is con- venient for that purpose. Rent of school (2) The school district shall be paid for the u.=e of the school house house such sum as the Lieutenant Governor in Council may allow. No. 11 of 1897, s. 11 ; No. 4 of 1898, s. 3. Posting 12. At least eight days before the day fixed in the writ for pr c am in ^j^^ nomination of candidates, the returning officer shall provide and cause to be posted up in one public place in each polling division (which shall be a post office if there is one therein or if there is not then in a store, school house or church therein and if there is no post office, store, school house or church therein then in some conspicuous place in the pulling divi.sion) a proclamation in form E in schedule 2 to this Ordinance, in which proclamation shall be set forth — (a) The place and day specified in the writ of election at which the nomination is to be held ; (6) The building or place to be actually used ; (c) The time allowed for the nomination by this Ordi- nance ; (d) The date when the polls will be opened in the several polling divisions if a poll is required and the time during which such polls shall remain open ; (e) The numbers, names and fully described boundaries of the polling divisions decided upon and the places at which the several polls shall be held. No 11 of 1897, s. 12. 28 1898 ELECTIONS Cap. 3 4 13. If a demand is made upon the returning officer in Additional writing at any time bffore the hour for closing nominations'"' i^KP^oes for any additional polling subdivision (the polling place of which shall be named in the request and which shall not be within twenty miles of any polling y)lace already appointed), the returning officer shall set apart as nearly as may be such proposed polling subdivision and appoint the polling place thereof. No. 11 of 1897, s. 13. POSTPONEMENT OF NOMINATION. 14. Whenever from unforeseen accident, delay or other- Nomination wise the proclamation cannot be posted up so as to leave the ^^tponed by required time between the posting up of the proclamation and officer'"^ the nomination day appointed by the Lieutenant Governor or whenever any candidate dies after being nominated and before the close of the polls, the returning officer shall fix another day for the nomination of candidates, which day shall be the nearest day conveniently possible after allowing the number of days required by section 12 hereof between the posting up of the proclamation and nomination day ; and in every such case the returning officer shall proceed as directed in the said section 12 and shall with his return make to the clerk of the Ex'.'cutive Council a special and full report under oath of the causes which occasioned the postponement of the election. Ko. 11 of 1897, s. 14. NOMINATION. 15. At any time after the date of the writ of election and Time and before twelve o'clock noon (standard time) of the day fixed for nomination the nomination, any four or more electors may nominate a candidate by signing before any person authorised to ad- minister oaths 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 Ordi- nance ; and any vote given at the election for any person other vote for than a candidate so nominated shall be null and void. No. HSoSinated of 1897, s. 15. 1 6. A nomination paper .«hall not be valid or be acted upon Nomination by the returning officer unless — p^p®^^ (a) It is accompanied by the consent in writing of Consent of the peison therein nominated (except when such °'^"'^"^^*^ person is absent from the electoral district when such absence shall be stated in the nomination paper); and (h) A sum of #100 is deposited in the hands of the Deposit of 5100 returning officer at the time the nomination paper is filed with him. (2) The returning officer shall (the foregoing requirements Receipt for of this section being complied with) give his receipt for the ^°^er™"°" nomination paper; and the said receipt of the returning officer shall in every case be sufficient evidence of the production of the nomination paper, of the consent of the candidate and of the payment herein mentioned. ^ "^ 29 Cap. 3 ELECTIONS CO. How deposit may be made Condition upon wliich deposit may be returned Forfeiture of deposit (3) The returning officer shall accept the sum of money hereinbefore mentioned if it is tendered — (a) In gold coin ; (b) In Dominion of Canada notes ; (c) In the notes of any bank chartered by the Parliament of Canada which at the time is redeeming its notes on demand ; or (d) Partly in one and partly in another or others of the description of moneys herein mentioned ; but he will not be obliged to accept such tender if any part of it consists of other descriptions of money than that herein specified. (4) The sum so deposited by any candidate shall be returned to him in the event of his being elected or of his obtaining a number of votes at least equal to one-half the number of votes polled in favour of the candidate elected as decided in the final count. (5) If such candidate has not obtained the number of votes in the next preceding subsection mentioned, the said deposit shall be transmitted by the returning officer to the clerk of the Executive Council and by him deposited to the credit of the general revenue fund of the Territories. No. 11 of 1897, s. 16. NOMINATION PROCEEDINGS. Procedure at hustings IT. Every returning officer shall on the date of nomination and at the place fixed as afoi'esaid proceed to the hustings (which shall be at such a place that all the electors may have free access thereto) and at the hour of eleven of the clock (standard time) in the forenoon shall read or cause to be read publicly the writ of election ; and shall forthwith read in an audible voice the nominations which he has received and from time to time until twelve o'clock of the day (standard time) shall so read further nominations as he receives them. No 11 of 1897, s. 17. Closing nominations 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. No. 11 of 1897, s. 18. Procedure 19. If at the close of the hour for receiving nominations candidate" °"'^ only One Candidate for the vacancy to be filled remains in nominated nomination, the returning officer shall then and there — 1. Declare the said candidate duly elected ; 2. Give such candidate or any agent of such candidate if the candidate is not present a certificate that such candidate has been duly elected ; 3. Forward to the clerk of the Executive Council the writ of election together with a certificate in writing declarincr such candidate duly elected aiul all ballot boxes, poll books and 30 1898 ELECTIONS Cap. 3 6 other books, forms, seals, materials and things sent to him to be used in the election and which have not been used. No. 11 of 1897, s. 19. 30. If at the close of the hour for receiving nominations Procedure more than one candidate for the vacancy to be filled remains than one in nomination, the returning ofHcer shall announce the day^^l^^^^^ upon vt'hich a poll will be held and the day, hour and place at which the ballots will be counted which must not be more than eight days after the polling ; and shall deliver to every candidate or to any person authorised in writing by the caiidi- date or anj' of his nominators to act in his bi^half a list of the candidates nominated with the colour assigned to each as specified in section 4 of schedule 1 to- this Ordinance. No. 11 of 1897, s. 20. 31. Any candidate nominated may withdraw at any time Candidate after his nomination and before the closing of the poll by filing hisnominatfon with the returning officer a declaration in writing to that efiect signed by himself ; and any votes cast for a candidate who shall have so withdrawn shall be null and void ; and in case after such withdrawal there should remain only one candidate for the vacancy to be filled then it .shall be the duty of the returning officer to forthwith return as duly elected the candidate so relnaining and to proceed as dii-ected in section 19 hereof: Provided always that if a candidate withdraw at any time but wui after his nomination he shall forfeit the money deposited by deposit '* him and the returning officer shall transmit the same to the clerk of the Executive Council as provided in section 16 hereof. No. 11 of 1897, s. 21. PROVIDING FOR THE POLLING. 33. Whenever a poll has been granted it shall be held on Date and the seventh day after the day of nomination and shall bepoUinR^* opened at nine of the clock in the forenoon (standard time) and kept open until five of the clock in the afternoon (stan- dard time) of the same day; and the votes at the several polling stations shall be given between the said hours of that day : Provided always that in that portion of the electoral district Proviso, in of Prince Albert East lying east of range 20 west of the second iieotprai meridian the poll shall be held on the fourteenth day ]^j.fj;';;?f//^gj.j after the day of nomination between the said hours. No. 11 Bast of 1897, s. 22. 33. Immediately after having granted a poll the returning Election officer shall cause to be posted up with all reasonable speed at°°*''=®'* all places where the proclamation of the election was posted up an. When a person voting has been i-equired 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 per- son 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 Or- dinance ; 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 candidate.s. (3) The time appointed in such notice for such appearance shall not be less than two days after the polling day. (4) After serving the notice provided in the preceding sub- sections, the deputy returning officer shall — (a) Receive the ballot of the person desiring to vote; (h) Place it in an envelope ; (c) Securely seal the envelope ; (d) Write upon it the name and place of residence of the person and his number as it appears in the poll book, the name and number of the polling place and his own name in full ; and shall then (e) Deposit it in the ballot box. (5) The poll clerk shall enter in the poll book (in the next line below the particulars hereinbefore provided regarding the voter) a statement of — '■ (a) His having been served with such notice ; {b) The name of the person or persons at whose request the notice was served : 3s 1898 ELECTIONS Cap. 3 14 (c) The name of the candidate or candidates on whose behalf he or tliey were acting ; and (d) The place, day and hour where the person is required to appear. JSo. 11 of 1897, s. 49 ; No. 4 of 1898, s. 8. 50. Any deputy returning oiBcer, poll clerk, candidate, vote of agent or scrutineer who is resident in a polling division other o}|gg°g" how than the one at which he is stationed on the polling day shall t^^^™ he 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. (2) On the demand of any scrutineer or person acting as statement such any of the persons mentioned in this section applying to ^bscribed vote shall be required to subscribe to statement No. 2 of said '* required form K before being allowed to vote. (3) The provisions of section 49 shall apply to cases provided Election for in this section. No. 11 of 1897, s. 50. c?arfed'^?th'' illegal voting 51. In case of an application by a person claiming to be Vote of person entitled to vote -who is incapacitated by blindness or other Siark physical cause from marking his ballot paper, the deputy returning 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. No. 1] of 1897, s. 51 ; No. 4 of 1898, s. 9. 53. If a person representing himself to be a particular Person elector whose name already appears in the poll book as having u™de!Miam\° ^ voted or as having refused to sign a statement applies to vote, '''™'*'^5' ™'^®'^ 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 ^ign statement No. 1 provided in form K of schedule 2 to this Ordinance and shall enter his name and residence in the poll book, and shall give him a ballot paper as provided in section 48 and shall before receiving from him his marked ballot paper serve him with a notice in form M of schedule 2 to this Ordinance ; and the deputy returning officer shall also Procedure cause a similar notice to be served on the person who had pre- viously voted or applied to vote in that name. (2) The provisions of subsections 3,4 and 5 of section 49 Ballot and. 39 Ch KLKiyVU )XS C. 0. cjiU'y in poll book in Hiich .shall .1897, appl\' to cases pruvided for in No. 4 of ] 898, s. ] 0. this section No. 11 of Ballot spoiled bcfoTe used Procedure 53. A person claiiuing to be entitled to vote who has ioad- vertently dealt with his ballot paper in such a way that it can- not be conveniently used as a ballot paper on delivering to the deputy returning officer the ballot paper so inadvertently dealt with and proving ths fact of the inadvertence to tlie satis- faction of the deputy returning officer shall be given another ballot paper in the place of the ballot paper so delivered up ; and the deputy returning officer shall forthwith destroy the spoiled ballot paper in the plain view of the candidates or their agents or scrutineers if present. No. 11 of 1897, s. o3. CLOSE OF THE POLL. Tiiue of close of poll ballot box 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 whc) 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. No. 11 of 1897, s. 54. Kntry of objection.^ returning .55. Immediately after the closing of the poll, the deputy officer shall enter in a book a certificate that his entries in the poll hook are correct and shall also enter any objections that the candidates or their agents or scrutineers may desire to have entered as to the conduct of the poll or as to its hour of closing. No. 11 of 1S97, s. 5-5. rOUNT BV DEPl.'TY RETURNING OFFICER. Opening of ballot box and Spoiled Ijallots .»<». The deputy returning officer shall then (in the presence of the candidates or their agents or scrutineers or such of them afe 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 enve- lopes and the unobjected ballots. (2) After having made the entry in the poll book, he shall then proceed to open the unobjected ballots by breaking the mucilage ; and .shall count the number cast for each candidate according to the colour marked upon the face of each ballot j)aper ; and shall enter the result of his count in the poll book. (3) If from any cause the intention of any voter has not been made apparent by the colour or nature of the mark or marks on the ballot paper or if the ballot paper is not marked with the initials of the cleputy returning officer and the stamp required by section 4S 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. 40 1898 ELECTIONS Cap. 'S 16 (4) It' the number of ballot papers found in the ballot box piscrepancy does not correspond with the number appearing in the poll of ballots book as having been cast, the fact shall be noted in the poll book. No. 11 of 1897, s. 56. ST. The deputy returning officer shall then return all the Duty of ballots to the ballot box and shall place within it a statement retm-ning signed by himself as deputy returning officer containing — omurt '^**'^' (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 presence of the candidates or their agents or scrutineers or in their absence in the presence of any electors present ; and shall make out a statement in duplicate, one copy of which he shall keep and shall transmit the other to the returning officer, showing — (d) The total number of votes cast ; (e) The total number of the unobjected ballot papers cast for each candidate ; (/) The number of spoiled ballots; (g) The number of those the rightfulness of which is in dispute ; with (/(.) 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, agent or scrutineer. No. 11 of 1897, s. 57 ; No. 4 of 1898, s. 11. 58. The deputy returning officer shall forward to the return- Return to ing officer by such means as may have been directed by theg^™"^ returning officer — (a) The ballot box ; (h) The authority under which he acted as deputy return- ing officer ; (c) The name of his poll elei-k and the authority under which he acted ; {d) The names of the agents and scrutineers representing each candidate with the authority under which they acted ; and («) The statements provided for in the preceding section ; (/') All other documents relating to the election which have been filed with or by him ; and all materials used by him and the statements made by voters and the poll book, unless such statements and poll book are required for the purposes of a court of revision. No. 11 of 1897, s. 58. 41 17 Cap. 3 ELECTIOJSrS CO. COURT OF EEVISION. Time, place and members of court of revision Functions Constitution of court 59. At the time and place mentioned in the notice served upon any voter as provided in sections 49, -50 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 appoint- ed to sit with him by the Lieutenant Governor shall hear and dispose of any objections to the right of any voter of which notice was given during the polling day as provided in sections 49, 50 or 52. (2) The deputy returning officer sitting with such justice of the peace as above provided shall constitute a court of revision within the meaning of this Ordinance. No. 11 of 1897, s. 59. Powers of court 60. The court of revision shall for the purpose set forth in the preceding section liave all the powers of a court of record as to compelling the attendance of witnesses and their examin- ation, 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. No. 11 of 1897, s. 60 ; No. 4 of 1898, s. 12. Compelling 61. The court of revision or either of the members thereof tvitnesaesT"* shall (on the application of any person who is supporting or ri™uments°' Opposing any objection, complaint or application which is to be etc. 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 appli- cant as a witness thereat commanding such person to attend at such court or sittings and also commanding such person to bring anj' papers or articles in the possession or power of such person as may be required and to give evidence at such court or sittings relating to any matter connected with any such objection, complaint or application ; and (in the event of such person not so attending alter 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 payment or tender of the proper witness fees and on receiving from the person causing the witness to be summoned the fees for committing and conveying such witness to prison) commit such witness to the common gaol or other lawful place of im- prisonment for a term not exceeding one month ; and the fees for such commitment and conveyance shall be the same as when a person is committed to prison under a summary con- viction. Deposit to pay witness fees (2) Before any summons is issued requiring the attendance of a witness at the court of revision the person desiring the attendance of such witness shall furnish the deputy returning officer with such sum of mone}' as will be sufficient to pay the 1898 ELECTIONS Cap. ,3 IS fees of the said witness as provided in the said tariff. No. 11 of 1897, s. 61 ; No. 4 of 1898, s. 13. 63. The person whose right to have voted is the subject of Right of voter objection shall not be paid witness fees until the court decides*"*'^"** that he had a right to vote ; and such witness fees shall be paid to the deputy returning officer at or before the opening of the court of revision bv the person or persons at whose request the inquiry is held. No. 11 of 1897, s. 62; No. 4 of 1898, s. 14. 63. If the person whose right to vote is the subject of Default of inquiry fails to appear personally or by agent according to the Sy^voteT™ 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 of his case. No. 11 of 1897, s. 63. 64. If at any time the person or persons at who.se request withdrawal the inquiry as to the rightfulness of any vote is being held °* '^''"^''''''"' notifies the deputy deturning officer over his or their signa- tures that he or they wish the inquiry as to such vote to cease or in case the witness fees mentioned in section 61 of this Ordinance are not paid to the deputy returning officer as therein provided the inquiry shall cease forthwith and such person or persons shall pay all fees of witnesses summoned by the court of revision and the expenses of summoning such witnesses up to the time at which he or they gave notice that the inquiry should cease ; and such vote shall be allowed. No. 11 of 1897, s. 64 ; No. 4 of 1898, .s. 15. 65. Incase any party to the inquiry requires a certified Proof of copy of the certificate of naturalisation of any voter whose "'^ "™ ''''^ '"" vote is in question to be produced at such inquiry, he shall deposit with the deputy returning officer the necessary fees for procuring the same from the clerk of the court or other officer with whom .such certificate of naturalisation is registered and a sum sufficient to cover postage and postal registration in sending for and forwarding such certified copy ; and the deputy returning officer shall thereupon forthwith send by registered letter prepaid addressed to such clerk or other officer the said fee and a sum sufficient to cover the postage and postal registration to forward such certified copy together with the address to which it is requested such certified copy shall be sent, and a request to forward such certified copy to such address ; upon receipt of which registered letter, fees and postage such clerk or other officer shall forthwith by registered letter prepaid, addressed as requested, forward a certified copy of the certificate of naturalisation. (2) Nothing in this section contained shall be Yield in any Validity of way to affect as evidence the validity of a certificate ofn|tuSat?in naturalisation at any time issued to the voter whose vote is in '^'^ evidence question. No. 11 of 1897, s. 65. 66. Any of the parties to any such inquiry may appear Appearance 43 19 Cap. 3 EJECTIONS CO. in person or before the court of revision in person or by agent. No. 11 of by agent 1^97 36^. Qiiestion to be determined by court Where statement is proved false Where statement is proved true Burden of proving truth of statements Xos. 1 and 3 Burden of proving truth of statement No. 2 Decision to be given in open court CI. 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 inquiry is false in whole or in part and if false in part in what respect it is so false. (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 .satisfac- tion of such court that every such statement so made by such voter is altogether true such vote shall be allowed. (8) The burden of proving the truth of statements numbers I and 3 of form K if made by the voter shall lie on him ; but the per-son challenging the vote shall be at liberty to produce evidence in rebuttal showing that such statements or either of them if made by the voter or some part thereof is untrue. (4) If the voter has made 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 on 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. (5) 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. No. 11 of 1897, s. 67. Adjournment of court Absence of material testimony 08. Whenever (by reason of the absence of witnesses or 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 for on the ground of the absence of material testimony, documen- tarj' or otherwise) must be satisfied that the person whose duty it was to procure such testimony has used reasonable diligence to do so. No. 11 of 1897, s. 68. Court to make 69. The court shall forthwith after concluding its labours decisions* make a return of the decisions reached by it on the qualifica- 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 disallow :-d «n the ground that any .statement made by the voter is false, it shall specify the statement; if on the ground that any such statement is false in part, it shall specify in what particular it is so false ; and the court shall forward such return to the returning officer duly certified by both members of the court of revision, together with the poll books and statements pertaining to the election. 44 18D8 ELECTIONS Cap. 3 20 (2) In case the members of the court of revision fail toWherdthe a^ree, the full copy of the evidence certified to by both mem- agree, decision bei's of the court shall be forwarded vv'ith the return to the returning" '''^ returning officer who shall render a decision. officer (3) As soon as may be after the arrival of the returns and Count by at least two days before he commences to count the ballots, thcofflc™"^ 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 I of this section) on what ground he disallows it. No. 11 of 1897, s. 69. TO. The coui-t of revision (or the returning officer when the Court or decision is made by him) may award costs to or against any officer may party to the application, which costs shall only be for witne.ss '*'*™'''^ '^"'^''^ 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 summary conviction. No. 11 of 1897, s. 70. 11. The expen'jes of holding the court of revision shall be Expenses of charged as a part of the general expenses of the election. No. "^"^^ II of 1897, s. 71. r APPEALS. T3. As soon as the returning officer has received from any Examination deputy returning officer the papers mentioned in section 69 here- ofrrturns^^or of he shall on demand permit their examination by the several courts of candidates or their agents ; and shall furnish to each candidate™"^'™ or his agent a certified copy of any such document that they may demand. No. 11 of 1897, s. 72 ; No. 4 of 1898, s. 16. 13. Appeals against the decision of the court of revision or Time for of the returning officer rendered under section 69 hereof may be^^PP"^^' entered with the returning officer by any candidate or his agent or by any person whose vote has been disallowed at any time up to the hour of commencing the count of the votes by the returning officer ; and such appeal shall be entered by notice in writing to the said returning officer : Provided that no appeal shall be received by the returning Seciirity for officer unless the sum of $10 is deposited with him as security "°^'^ for the costs of the prosecution of such appeal. No. 11 of 1897, s. 73. COUNT BY RETURNING OFFICER. T4. The returning officer shall have the custody of the Custody ot 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 coimtino- of the votes or (in case the count is adjourned under 45 21 Cap. 3 ELECTIONS C. 0. section 75 hereof) until the dav and hour of such adjourn- ment. No. 11 of 1897, .s. 74 ; No. 4 of 1898, .s. 17. Production of books, etc., at time fixed for count Adjournment of count Record book 15. 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 returninc; officers, statements of the courts of revision showing the result of the objections made before them to the validity of any votes cast, and the ballot boxes of the several polling places. (2) If all the returns have not been received from the denuty 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 ths 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 may again from time to time in the like case adjourn from day to day until such returns are all in and until a time when two clear days have elapsed between the receipt of the last return of the deputy returning officers or the last decision of the returning officer under said section 69, whichever may have last happened. No. 11 of 1897, s. 75 ; No. 4 of 1898, s. 18. 70. The returning officer shall be provided with a suitable book to be called a " record book," in which he .shall enter the particulars required by this Ordinance to be kept on record. No 11 of 1897, s. 76 ; No. 4 of 1898, s. 19. The count TT. The returning officer when the day and hour for 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 proper book and material specified in section 7o 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 offi- cer's report of the polling place to have been cast; and he shall then open the ballot box and count the number of ballots con- tained therein. No. 11 of 1897, s. 77. Discrepancy in number 7 8. If the number is not the same as that mentioned in the return of the deputy returning officer, he shall make a note of that fact. No. 11 of 1897, s. 78. Count 'J9. He .shall then first count and keep separately those bal- baifo'tr^''''' lots regarding which an appeal has been finally entered, enter- ing the names, numbers and full particulars in his record book. No. 11 of 1897, s. 79. 1-2) Illegal ballots not appealed 80. He shall then count and keep separately in a sealed package the ballots which the court of revision has decided weve 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 de- 46 1898 ELECTIONS Cap. 3 22 stroyed by fire at the close of the count in the presence of the candidates or their agents if present. No. 11 of 1897, s. 80. 81. He shall then count (without examination) and place in (3) Gooa an open vessel the ballots which have been already counted by'"'"°'® the deputy returning officer ; and shall enter the number in his record book. No. 11 of 1897, s. 81. 85J. He shall then count the spoiled ballots and enter the W Spoiled number in his record book ; and .shall examine them and shall ''^"°''' place such as he considers make apparent the intent of the voter and have been properly initialled and stamped 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. No. 11 of 1897, s. 82. 83. He shall then open the envelopes containing the ballots (5) Ballots whose validity has been sustained by the court of revision ortSlfeV"'* 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. No. 11 of 1897, s. 83. 84. The returning officer (after mixing the ballots so that count of votes those put in last shall not be distinguishable) shall proceed to open the ballots and count the niimber cast for each candidate. No. 11 of 1897, s. 84. 85. In case a ballot is so marked that it is difficult or im- Ballots that possible to distinguish for which candidate it was intended to mlrkelf '"^'^ be counted it shall be placed with the ballots which do not make apparent the intent of the voter mentioned in section 82 hereof. No. 11 of 1897, s. 85. 86. When all the ballots contained in the ballot box have Announce- bo- n counted, the returning officer shall announce the result ™^°'' °' ''^^^'^ and shall record the same in his record book ; and shall proceed Disposition ot to seal up in separate parcels the counted ballots and the spoil- ° papers 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 ca"nnot be opened without break- ing the seal ; and the cfindidates or their agents shall also be permitted to similarly affix their seals. No. 11 of 1897, s. 86. 8T. The returning officer shall then proceed similarly with continuation the ballot box and returns of the second polling station and so°' ''°™* on until all the ballots cast in the electoral district have been disposed of as hereinbefore provided. No. 11 of 1897, s. 87, 47 23 Cap, 3 ELECTIONS DECLARATION OF ELECTION. CO. Declaration of 88. The returning officer .shall then declare elected the polling'* candidate for whom the largest number of ballots have been counted ; and shall deliver to all the candidates or to the agent of any candidate who may be present if the candidate is not present a written statement declaring the said candidate dnlj' elected ; and such statement shall specify the number of ballots counted for each candidate, the number of spoiled ballots and the number still the subject of appeal. (2) In case of a tie the returning officer shall give a casting vote, which shall be entered in his record book. No. 11 of 1897, s. 88. Procedure in case of tie Final duties of returning oiflcer Candidate deemed elected 8J). The returning officer shall then — 1. Cause all the ballot boxes, poll books, record books and statements made by voters to be placed in the custody of the sheriff of tlie 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 large.st part thereof is situated of any appeals that have been entered against any decision of the courts of revision or of himself ; 4. Forward to the'clerk of the Executive Council — (a) The writ of election ; together with (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 provided. (2) The candidate so certified as elected shall be deemed to be duly elected until and unless a judge upon appeal or recount as hereinafter directed shall declare another candidate elected. No. 11 of 1897, s. 89. HEARING OF APPEALS. Appeals to judge 90. Any clerk of the Supreme Court being notified as pro- vided in the last preceding section shall forthwith after being .sc notified bring such notification before the judge of the Supreme Court usually exercising jurisdiction in the judicial district in which the electoi'al district or the largest part there- of is situated ; and such judge shall thereupon appoint a con- venient time and place within such judicial district to hear such appeals and direct the clerk to give such notice to the persons interested in such appeals as he may direct and in such manner as he may direct ; and the clerk shall give such notice accordingly. No. 11 of 1897, s. 90. 48 1898 ELECTIONS Cap. 3 24 91. The judge shall sit at the time and place so appointed inquiry by 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 the de- cision 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 such court or returning officer ought to have rendered. (2) The judge sitting in appeal shall be deemed a court and Powers of 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 cierk to 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. No. 11 of 1897, s. 91. 93. All subpoenas issued for the attendance of witnesses subpoenas to before such judge sitting in appeal shall be issued by the said oi^k'^^'' ^^ clerk under the seal of the Supreme Court for such judicial district and shall be deemed to be issued out of such court. (2) Any witness being duly served with any such subpoena witness aod being paid or tendered the fees and conduct money provid- 8ubl)"ffini° "^^"^ ed in tariff B in schedule 8 hereto who fails without reason- able excuse to obey the behests of such subpoena shall be deemed to have committed a contempt of the Supreme Court. (3) In case any sucli contempt is alleged to have been com- attachment mitted application may be made to a iudge of the said Supreme ag;ainst such . ...1. .1.. 'WltllGSS 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 attachment if sued out according to the practice of the court. (4) If the judge is of opinion that no contempt has been judge may committed he shall dismiss the summons with or without costs g^^^^^^n^ 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 costs applications. No. 11 of 1897, s. 92 ; No. 4 of 1898, s. 20. 93. The ballot boxes, poll books, record books, statements of Election voters and all material or forms used at or in relation to the sSbjecUo" polling place at which the vote appealed against was cast shall "'"i®'' "' •'"'^k*' be subject to the order of the judge during the trial of the ap- peal. No. 11 of 1897, s. 93. 4 49 25 Costs Cap. 3 ELECTION'S CO. Proviso Further deposit 94. The costs to be allowed in the case of such inquiry shall be according to tariff B in schedule 3 to this < "rdinance and shall be taxed by the cleik and sh-iU be charjreable in the -Srst 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- tained) order the costs or a part thei'eof to be paid by the per- son whose vote is appealed against. No. 11 of 1897, s. 94; No. 4 of 1898, s. 21. 95. When the sum of $10 provided for in section 73 hereof has been applied in costs the judge may fi-om time to time require the deposit by the appellant of a further sum which shall be fixed by him according to thi- probable expenses of the case ; and if such deposit is not paid before continuing the proceedings the appeal may be dismissed with or without costs as the judge may direct. (2) If at the conclusion of the appeal a part of the sum or i„iu,».i,i., sums deposited remains in the .sheriff's hands after all orders after appeal to ao-ainst it have been paid it shall be returned to the person de- positing the same. No. 11 of 1897, s. 95. 9C If at any time the appellant notifies the judge over his signature of his desire to withdraw an appeal the proceedings in that appeal sh>ill forthwith cease ; and the balance of the money deposited by the appellant after payment of the costs of the court up to that time shall be returned to him ; but it there is not sufficient balance remaining to pay such costs the judge may in his di-cretion order the appellant to pay the defi- ciency to such party as he may by his order direct. No. 11 of 1897, s. 96. Any part of deposit remaining VFitlidrawal of appeal Costs COUNT OF APPEALED VOTES BY JUDGE. Duty of judge after hearing appeals Remove appealed ballots Destroy unlawful ballots Open lawful ballots Count of vote Counted ballots 91. After the judge has concluded his inquiry as to all the appeals regarding the validity of votes cast which have been brought before him and rendered his decision, unless a recount has been demanded he shall — 1. Open a ballot box containing ballots which have been the subject of ajipeal before him ami remove such ballots only ; 2. Destro}^ without opening the envelopes, the ballots which he has decided were unlawfully cast ; 3. Open the envelopes containing the ballots which he has decided were lawfully cast and taking out the ballots place them together in a vessel without examining them so that they may be mixed together and not distinguishable one fi'om the other ; 4. Take such ballots out of such vessel ; open them and count the ballots which have been cast for each candidate, rejecting oidy such as do not make apparent the intent of the voter, which ballots so rejected he shall destroy ; 5. Return the ballots which he has counted to the ballot box and securely lock and seal the same ; 50 1898 ELECTIONS Cap. .S 26 6. Proceed similarly with each of the ballot boxes of the continuation electoral district containing ballots which have been the sub- ject of appeal ; 7. Record the number of ballots the objection to which he Recorrt of vote has sustained, the number cast for each candidate, and the number rejected as not having made apparent the intent of the voter ; 8. Add to the total vote received by each candidate accord- Count ot ing to the return made by the returning officer the number of bafiots^"^^ appealed ballots which he has decided have been cast for each candidate : Provided that if a tie has occurred at the count hy the Previous returning officer and the returning officer has given a casting ifan",^nTiu^i vote, such vote shall not be counted unless a tie occurs again §^ counted u, 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 : Provided farther that if a tie has not occurred at the count Casting vote by the returning officer and does occur at the count by the returifin^**" ^' judge the returning officer shall then forthwith give a casting °®^^j^^|° vote upon being requested to do so by the clerk at the instance . of the judge ; 9. Declire elected the candidate who has received a ma- declaration jority of all the ballots counted by himself and by the return- ° ^° ing officer ; and 10. Certify in writing to the clerk of the Executive Council certify result the name of the candidate declared elected by him upon his 15"^°'^^^°' count of appealed ballots as herein provided; and upon such council certificate being given (unless a recount is demanded) such de- claration shall be final and conclusive to all intents and pur- Declaration poses subject to the previsions of The Controverted Elections '^'"'^^ Ordinance. No. 11 of 1897, s. 97. 98. Any order made by a judge acting on appeal shall be Enforcement carried out and may be enforced as if it were an order of the 9* orders of Supreme Court in the judicial district within which the judge sits upon .such appeal. No. 11 of 1897, s. 98. RECOUNT BY JUDGE. 99, Upon any candidate or his agent placing in the hands Demand of of the sheriflT 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 u.sually 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 such application is accompanied by $50 as provided in this sec- ^^ol)^'^ "* tion and is made within thirty days after the declaration of election by the returning officer if no appeals'have been made 41 51 27 Cap. 3 ELECTIONS CO. Disposition of deposit from the decision of the court of revision or returning officei 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 be disposed of by order of the judge in defraying the necessary expenses of holding the recount ; and the remainder if any shall be returned to the person whe deposited it. Baiiotboxes, (4) The ballot boxes, poll hooks, books of record and other Subject to materials or forms used at the polling place respecting which order of judge ^,jjg demand for a recount has been made shall be subject to the order of the judge during such recount, No. 11 of 1897, s. 99. Time and place of recount Procedure thereat Proviso If recount not properly demanded or security omitted 100. Upon the party demanding a recount or any person on his behalf satisfying the judge by affidavit verifying the de- mand that a demand for a recount has been served on the sherifi' as hereinbefore provided and that the sum of $50 has been de- posited with such sheriff as provided in the last section the judge shall sign an appointment fixing a time and place within the said judicial district at which such recount shall be held and shall in such appointment direct upon whom and in what manner such appointment shall be served. No. 11 of 1897, s. 100. 101. The judge shall attend at the time and place so appointed and upon being satisfied by affidavit that his appoint- ment has been duly served upon the persons directed by him to be served therewith he shall proceed with such recount : 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 findiu'j to that effect signed by him ; and thereupon the said recount shall be abandoned. No. 11 of 1897, s. 101. L-ountof 103. 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 br)xes 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. No. 11 of 1897, s. 102. Examination 103. The judge shall then proceed to examine and count ballots^" ° the ballots for the several candidates as it sJiall appear to him to have been the intent of the several voters marking the Illegal ballots ballots, rejecting only those by which the voter has not uiade his intent apparent or which have not been properly initialed or stamped. No, 11 of 1897, s. 103. 52 1898 ELECTIONS Cap, 3 2(5 104. The judge shall enter in a suitable book the number Particulars to of the polling divisions and the particulars regarding the ^^ ^"^'""''^'"^ ballots examined as required by section 106 of this Ordinance; and shall then return the ballots to the balJot box from which thej' were taken ; and shall securely lock and seal the same ; and shall cause it to be returned to the custody of the sheriffDispoeition of of the judicial district in which the electoral district is situat- wsXr ed. No. 11 of 1897, S. 104. recount 105. He shall then proceed similarly with each of the other other ballot ballot boxes regarding which a recount has been demanded. ^'"'^^ No. 11 of 1897, s 105. 106. If the judge in making a recount of the votes cast in Judge may any polling division finds— oS votes (a) A diffei-ence between the number of ballots counted polling rfJce, and the number of votes cast ; cir si?cVpoH (6) That one or more ballots have been defaced o»- im- properly initialed ; or (c) That one or more of the ballots counted have been cast by a person who had not the right to vote according to the provisions of this Ordinance as decided by the court of revision or by the returning officer or on appeal therefrom ; or {d) Finds from the record contained in the poll book of the polling division or in the record book of the returning officer in respect of such polling division and on such evidence in respect thereof as may be received by him under oath that the conduct of the poll was not in accordance with the provisions of this Ordinance and was such as to prevent a full and fair vote of the voters of the polling division, he may i-efuse to include the votes cast at the polling place of that polling division in his final statement and may declare the poll held in such polling division to be invalid. No. 11 of 1897, s. 106. lOT. The judge may receive evidence upon oath regarding Evidence any of the matters mentioned in the preceding section and may in writing over his hand direct the clerk of the Supreme Court of the judicial district in which the recount is being held to issue subpoenas out of the said court for the attendance ofgu^pcena such witnesses and the production of such papers as he may ■"^'"^^^^^ direct and at such time and place as he may direct ; and such subpoenas shall be issued by such clerk according to such direction ; and any such witness served with any such sub- poena and upon being paid or tendered with the same fees and conduct money as are payable to a witness in a civil case pendini> in the said court who fails to obey the behests of such subpoena without j-easonable excuse shall be deemed guilty of a contempt of the said court and shall be liable to be proceeded against in the same manner and with the same consequences 53 29 Cap. 3 ELECTIOKS C. 0. as provided in subsections (3) and (4) of section 92 hereof. No. 11 of 1897, s. 107. N-otiflcation of tUH. If the judge decides that a poll held in any polling invalid poll division was invalid as provided in section lOti of this Ordi- nance he shall forthwith notify the clerk of the Executive Council to that effect. No. 11 of 1897, .s. 108. Further poll 109. Upon notice being received as above provided that the poll held in any polling division was invalid the clerk of the Executive Council shall forthwith order another poll or polls to be held in the said polling division on such day as he may appoint ; and such poll or polls shall be held accordingly ; but not less than seven days nor more than nine days shall elapse between the posting of the notices directed by section 23 of this Ordinance and the day of polling. No. 11 of 1897, s. 109. Returning officer at such poll 1 10. The clerk of the Executive Council shall be the return- ing officer for the election to be held in such polling division and may subdivide the polling division into two or more poll- ing divisions if he deems it necessary for the convenience of the electors to do so. No. 11 of 1897, s. 110. Application of other provisions 111. The provisions of this Ordinance from the beginning of section 23 to the end of the Ordinance shall mutatis mutandis and in so far as they are applicable apply to a vote held in any polling division under the provisions of section 109 hereof. No. 11 of lis97, s. 111. Costs of recount, etc 1 1 'i. The costs of the recount and subsequent proceedings beyond the amount of the deposit required by section 99 of this Ordinance shall be charged to the general expenses of the elec- Kiection tee^ tiou according to such regulation as to fees and otherwise as may be prescribed from time to time by the Lieutenant Gover- nor in Council. No. 11 of 1897, .s. 112. Recount extended till poll held 113. The recount shall not be deemed to have closed and the statement provided for in section 114 of this Ordinance shall not be made until the election proceedings as provided in sections 109, 110 and 111 hereof have been completed. No. 11 of 1897, s. 113. statement by judge' 114. The judge shall prepare a statement showing — (a) The total number of ballots which the return of the returning officer and the records of the count of appealed ballots (if such has been held) showed should be counted in the several classes in which they are comprised ; (6) The number of ballots actually counted by him ; (c) The number rejected : and (d) The number counted for each candidate ; 54 1898 ELECTIONS Cap. 3 30 with a declaration of the election of the candidate receiving a majority of the votes cast wliich candidate shall forthwith be held to be duly elected; and such judge shall thereupon certify His certmoate in writing to th'j clerk of the Executive Council and to the sheriff mentioned in section 89 hereof ihe name of the candi- date declared elected by him on such recount ; and upon such certificate beins; given such declaration shall be final and con- elusive to all intents and purposes subject to the provisions of The Controverted Elections Ordinance. (2) In case a candidate declared elected by the iudge is other in case return than the one declared elected by the returning officer no penal- fiabiuty^on ty or damages shall be incurred by the person at first declared returned'^^* 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 ia such recount unless there shall be a tie on the said recount in which case the cast- ing vote of the returning officer shall be counted as having been cast for the candidate for whom it was cast the first lime he cast it. (4) If the returning officer has not given a casting vote and Casting Tote the recount of the judge results in a tie, the returning officer' requne ■shall forthwith on tihe written request of the judge give a cast- No. 11 of 1897, s. 114. MISCELLANEOUS. 115. Whenever the judge usually exercising jurisdiction where judge in the judicial district in which the election is held is disquali- opunlbie''^^'^ fied by reason of relationship to any of the parties interested t° '*"' or from any other cause from acting either on an appeal or on a recount or is unable from sickness, absence, or any other cau.se to act on any appeal or recount, any other duly qualified judge of the Supreme Court may act in his stead. No. 11 of 1897, s. 115. 116. No candidate shall be permitted to resign after the xo candidate close of the polling until the question as to which candidate haSp°n|in^ been elected has been finally determined by virtue of the pro- prooeeJings visions of this Ordinance. No. 11 of 1897, s. 116 (1). 1 1 T. No person elected a member of the Legislative Assem- xo candidate bly shall be permitted to resign his seat pending any proceed- pendiJfg" ings against him under The Controverted Elections Ordinance. ^^^^^^^^ No. 11 of 1897, s. 116 (2). 118. When all proceedings in any way affecting the elec-cutyof sheriir tion are concluded, the sheriff to whom the ballot boxes, poll proceedings books, record book.s and statements made by voters were are ended 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 certifi- cate that such proceedings are concluded ; and such clerk shall 55 31 Cap. 3 ELECTIOXH CO. thereupon open the .■said ballot boxes and destroy the ballots therein with fire. No. 11 of 1897, s. 117, (1). N'otice 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 Name of candidate, signature. E.F. ) FORM G. Information to Electors. (Sees. 24., 28, 33.) The persons qualified to vote are male British subjects by birth or naturalisation (other than unenfranchised Indians) who have attained the full age of twenty-one j^ears 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 \'ote only for one candidate. The voter after receiving his ballot paper and the pencils provided for marking the said ballot paper from the deputy returning officer will go into the inner room of the polling place, select from the pencils provided the one of the colour 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. Tlie voter vsrill 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, Go 41 Cap. 3 ELECTIONS C. 0. causing it to adhere thereto. The voter will then deliver the ballot paper with the aforesaid pencils to the deputy returning officer who will place the paper in the ballut box. The voter will then forthwith quit the polling station. If a voter inadvertently st)oils a ballot paper he may return it to the proper officer who, on being satistied 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 shoM'ing it to any per.son after marking it, and any person who instigates any voter so to mark his ballot or to show such ballot after be- ing marked shall be liable to a fine of $100. FORM H. Oath of Deputy Returning Officer. {Sec S6.) I, the undersigned O.H., appointed Deputy Returning Officer for the polling division No. of the Electoral District of , solemnly swear (or, heivq one of the persovs p rmitted by law to affirm in civil cases, solemnly affirm) that I will act faithfully in my said capacity of Deputy Returning Officer without partiality, fear, fa\our or affection. So help me God. G.H., Deputy Eeturning Officer. Sworn before me, etc. {Signature of officer administering oath.) Certificate of a Deputy Returning Officer having taken the Oath of Offi< e. {Sec. £5.) I, the undersigned, hereby certify that on the day of the month of , G.H., Deputy Returning Officer for the polling division No. of the Electoral District of , took and subscribed the oath {or affirmation) of office required in such cases of a Deputy Re- turning Officer by section 2-5 of The Territories Ehctions Ordi- nance. In testimony whereof 1 have delivered to him this certificate under my hand. {Signature of officer administering oath.) 66 1898 ELECTIONS Cap. 3 42 FORM I. Oath of Poll Clerk. (Sec. ^7.) I, the undersigned, I.J., 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 also in that of Deputy Returning 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.) Certificate of the Poll Clerk having taken the Oath. (Sec. 27) I, the undersigned, hereby certify that on the day of the month of 1 , /./., Poll Clerk for the polling division No. of the Electoral District of took and subscribed before me "the oath (or affirmation) of office required of a Poll Clerk in such cases by section 27 of The Territories Elections Ordinance. In testimony whereof I have delivered to him this certificate under my hand. (Signature of officer administering oath.) 5i 67 43 Cap. 3 ELECTIONS CO. B a? O o B "^ .-i.f.\.^ nr-'— "-"-+Oo n'o E "p-o o n Q S,-d re cs p p 1 «> 9 2 2 s^ '^ fP op. 3. o? oW P^3 CD pSLS o o p-*^ B ffis; p -p are P CD s n- ^ a: f=^S =^ © o =^ do. o 0*0) £-0-^ £■2 3 53 Q,?-2.B H O OJ 3 gp 1 g^ ,^ fi s r B B 1 s g S ff s. B p B o o o c 5-8 o P- 1 a 1 BB 2 a 5 o B. S crq o l-h 1 el- o 3- b I'T ^ o H a ni g: 3. E. o C O 5= 6S 1898 ELECTloxs Cap. 3 44 FORM K. (Sees. U, 4-^, 50, 62.) No. 1. Statevient of Voter. I, , do hereby state that I am a male British subject by birth or naturalisation ; that I am not an unenfranchised Indian ; that I am of the full age of twenty-one years; that I have resided in the North- West Territories for at least the twelve months and in this Electoral District for at least the three months immediately preceding the present time ; that I am a resident of this polling division and that I have not voted nt this election either at this or any other polling place. No. 2. Statement of Voter. I, , do hereby state that I have nst received anything nor has anything been promised me, nor ha\e I asked for anything directly or indirectly, either to induce me to vote at this election, or for loss of time, travelling expenses, hire of -team or for any other service connected therewith, and that in the casting of my vote at this election I am not impelled or influenced hy 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 naturalisation ; that I am not an unenfranchised Indian; that I am of the full age of twenty -one years; that I have resided in the Noith-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 Returning Officer or Poll Clei'k or Agent or Scrutineer for as the case may be, at this polling station.) FORM L. Interpreters 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 affirm) that 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 69 4.1 Cap. 3 ELECTIONS C. 0. voter to induce him to vote for, or to refrain from voting for any particular candidate. So help me God. A.B. Sworn before me, etc. (Sigrmiiirc of Deputy Returning Officer.) FORM M. Notice to Appear. (Sec. 4^.) To Take notice tliat you are hereby required to appear at (here describe tvith reasonable certainty the building or place fixed for sittings oj the Court of Revision) on the day of 1 , at the hour of o'clock noon, before me and such Justice of the Peace as shall then be sitting with me, to answer to a charge of having voted contrary to the provisions of 2he Territories Elections Ordinance. Dated this day of 1 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 (he7x des- cribe loith reasonable certainty the buildivg 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 daj' to day until the charge hereinafter mentioned is tried or other- wise disposed of, to testify and give evidence upon the hearing before us of a charge preferred against one CD., of having voted contrary to the provisions of The Territories Elections Ordinance. And you are hereby further commanded to bring with j'ou 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 til e Peace. (This Suiiiidons may be issued by the Deputy Returning Officer or by the Justice of the Peace or by both.) 70 1898 ELECTIONS Cap. 3 46 SCHEDULE 3. TARIFF A. Witness Fees. (Sections 61, 70.) For every day necessarily absent from residence in going to, staying at and returning from hearing — When residence is within 4 miles of place $ 1 00 When over -i miles 2 00 For every mile necessarily travelled other than by railway 10 When railway used: actual fare paid. TARIFF B. Schedule of Costs to he alloived upon Inquiry before Judge of Supreme Court. {Sees. 92, 94-.) To the Clerk of the Court for receiving, filing and entering each appeal and attending tludge with notification and on hearing of appeal and judg- ment $ 2 00 To the Clerk for issuing each Summons, Subpoena or Notice 50 To the Clerk, all necessary postage. To the Clerk, taxing each bill of costs actually taxed 50 To Witres-f'S, the same fees as are allowed in civil cases. To the Advocate for the party succeeding on each appeal 2 00 To be increased in the discretion of the Judge to an amount not exceeding $15.00. TARIFF C. Fees for election services. (Sec. IW) Returning Officer, where no poll is held $20 00 Election Clerk, where no poll is held 5 00 Returning Officer, where poll is held 75 00 Election Clerk, where poll is held 20 00 Deputy Returning Officer 5 00 Poll Clerk 3 00 Interpreter 2 00 (If employed in less than eight cases, twenty-five cents for each case.) Deputy Returning Officer and Justice of the Peace sitting as Court of Revision, each 5 00 Each officer for every mile necessarily travelled in the discharge of his duties 15 Rent of house for nomination 4 00 Rent of house for i.olling station 4 00 Rent of house for Court of Revision 4 00 Rent of house for count by Returning Officer 4 00 71 Short title CHAPTER 4. An Ordinance Eespecting^Controverted Elections. 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 " Tkfi Controverted Elec- tions Ordinance." No. 12 of ISdl, a. 1. INTERPRETATION. Interpretation 2. In this Ordinance unless the context otherwise requires : ".Tudge" 1. The expression "the judoe " shall mean the judge of the Supreme Court of the North-West Territories usually exercising jurisdiction in the judicial district in which a petition is filed as hereinafter provided ; hut 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. No. 12 of 1897, s. 2. PETITIONS. 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 de- feated 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 elec- tion. No. 12 of 1897, s. 3. 4. Such petition may be in form A in the schedule here- to ; and shall within the time prescribed by the last preceding- section be tiled 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 ; (6) The holding and result of the election in general terms ; (c) In a brief form the facts and grounds relied on to sanction the prayer ; and such petition shall conclude with a prayer that the elec- tion uiay be declared void and set aside, and it mIso niav con- tain a prayer that some other candidate at the election than the one certified to be elected was rluly elected. No 12 of 1897, s. 4. 72 -Clerk' Time for election petition Who may petition Form of petition Filing 1898 CONTROVERTED ELECTIONS Cap. 4 5 SECURITY FOB COSTS. 5. The petitioner shall at the time he files such petition Petitioners deposit with the said clerk the sum of $500 in current bank gr cost™"*'' notes of the Dominion of Canada or other cuirent money as security for the respondent's costs of and incidental to the said petition and the proceedings thereunder. No. 12 of 1897, s. 5. SERVICE OF PETITION. 6. A copy of such petition shall be served on the candidate Respondent against whom such petition is filed (herein called the respond- ^°th eoprof ent) within twenty days after the same is so filed ; and such petition service may be effected in the way that service of a writ of summons in an oi'dinary civil action in the said court is effected. No. 12 of 1897, s. 6. 'J. Upon the judge being satisfied by affidavit either before Extension of or after the time hereinbefore limited for the service of a copy slrvice"" of the petition that every reasonable eflxirt 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 Substitutional petition in .such manner as he may direct. No. 12 of 1897, s. 7. ' service ADDRESS FOR SERVICE. 8. The petitioner shall indorse on the petition filed with the Petitioner clerk and. on the copy thereof served on the respondent an address for address for service (which shall not be more than three miles ply'^fo^jj"" 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 tiled with the clerk. No. 12 of 1897, s. 8. 9. The respondent shall within ten days after being served Respondent to with a copy of the petition as hereinbefore provided file with address°fo?' the clerk a notice in writing specifying an address for service '^^"'i'=e 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. No. 12 of 1897, s. 9. PRELIMINARY OBJECTIONS. 10. The respondent may at any time within twenty days Respondent after the service upon him of the petition apply to the judge to hare^ew^on 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 ; 73 3 Cap. 4 CONTROVERTED ELECTIONS C. (b) That the petition was not filed within the prescribed time; (c) That the deposit has not been made as provided in sec- tion 5 hereof ; (d) That the petition does not on its face disclose sufficient grounds or facts to have the election set aside or declared void ; (e) That service of a copy of such petition has not been made on him as herein prescribed ; and the judge may (if satisfied that the application is well founded) order the petition to be set aside and removed from the files of the court with or without costs' as he may direct ; or (if not so satisfied) may dismis-i the application with or with- out costs as aforesaid. iSio. 12 of 1N97, s. 10. PARTICULARS. Respondent. !'• Evidence need not be stated in the petition but the further''^'" '""^ respondent may at any time within twenty days after service particulars upon him of the petition (unless lie 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 particulars as may be necessary to prevent surprise and to ensure a fair and efi'ectual 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. No. 12 of 18y7, s. 11. PETITION CLAIMING SEAT ; OBJECTIONS. Respondent 1^* ^^ ^^'^ petitioner claims the seat for any other candidate may file than the one certified to be elected the respondent mav within statement of , , , „, • u- r xi j.-^- / i , objections If twenty days alter service upon him 01 the petition (unless he forothtr^thtn applies to Set aside the petition under section 10 hereof, and if ran"iida!tc ^^ ^'^^^ ^^^^ within ten days after such application is disposed of if it is refused or di.smissed) file Avith the clerk a statement in form B in the schedule hereto, claiming that the seat ought not to be awarded to the candidate for whom it is so claimed because : (a) He is not qualified to be elected a member of the Legislative Assembly of the Territories ; (6) 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. No. 12 of 1897, s. 12. 74 1898 CONTROVERTED "ELECTIONS Cap. 4 4 SETTING ASIDE OBJECTIONS. 13. The petitioner within ten days after service upon him Petitionerma? of the said statement may apply to the judge to .set such state- t^atenient^J? ment aside and have it removed from the files of the court on objections any of the following grounds : ''*'''"^'' (a) That it was not filed within the prescribed time ; (b) That it was not served on him as herein prescribed ; (c) That it does not on its face disclose sufficient grounds to have the election declared void as against the candi- date for whom the seat is claimed ; (d) That the petition does not claim the seat for any other candidate ; or if the statement is not served on the petitioner as herein directed he may apply at any time to have it set aside and re- moved from the files of the court; and the judge may (if satisfied that L,ny 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. No. 12 of 1897, s. 13. EVIDENCE ; PARTICULARS. 1 4. Evidence need not be stated in such statement but the Petitioner petitioner may at any time within ten days after service upon ^r furt^i^J. him of the said statement (unless he makes an application under particulars section 13 hereof to set the statement aside, and if he does then within five days after such application is disposed of if it is refused or dismissed) apply to the judge for particulars or for further and better particulars of the facts and grounds relied on for the claim that the seat ought not to be awarded to the candidate for whom it is claimed in the petition ; and the judge may order such particulars as may be necessary to prevent sur- prise and to ensure a fair and effectual trial in the same manner and with the same consequence as prescribed in section 11 hereof. No. 12 of 1897, s. 14. PETITIONS AT ISSUE. 1 5. If the said petition is not ordered to be set aside and Petition wiicn 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. No. 12 of 1897, s. 15. I4>. At any time after the said petition is at issue the Application of petitioner may apply to the judge to appoint a time and place gj*e'™^''p^°^g for the trial of the petition ; and the judge (on being certified of trial that the petition is at issue) shall appoint a time and place for such trial. No. 12 of 1897, s. 16. 75 Cap. 4 CONTROVERTED ELECTIONS CO. Application of 1 Tf. If the petitioner floes not within one month after the di8missiii"of "'" petition is at issue applj to the judge to appoint a time and petition place for the trial of the petition the respondent may apply to the judge to dismiss tlie petition; and the judge may there- upon at the return of the summons (if the application is pro- perl j' made) either dismiss the pitition with costs or appoint a time and place for the trial of the petition. No. 12 of 1697, 8. 17. GENERAL. Petition and proceedings thereunder deemed cause in court 18. The said petition and all proceedings thereunder shall be deemed to be a cause in the court in w"hich the said petition is filed, and all the provisions of The Judicature Ordinance in so far as they are applicable and not inconsistent wiih the provisions of this Ordinance shall be applicable to such petition and proceedings ; and the tariff of costs for clerks, sheriffs, advocates and interpreters (whether prescribed by The Judica- ture Ordinance or under its authority) shall be applicable to such proceedings. No. 12 of 1«97, s. 18. Applications 19« Applications to the judge shall be made in chambers ohamiS's" ^^'^ unless authorised to he made ex parte shall be made by summons. No, 12 of 1897, s. 19. TRIAL. Trial 30. The judge shall attend at the time and place appointed for the trial and try the matters of the said petition and arising tliereout; and such plare of trial shall be an open court at which the usual officers of the court shall attend and per- form their respective duties as in the case of anj^ other trial in the said court ; and such trial may be adjourned from day to day or for such further time as the judge may direct. No. 12 of 1897, s. 20. judge's REPORT. Judge to ^1' If the judge on such trial finds that the respondent was report to clerk ^jjifjuiy returned or elected a member of the Leo-islative ot i. 25. The commissioner shall submit to the Lieutenant Results of Governor in the annual report to be laid before the Legis- to b? included lative Assembly a statement of th eresults of such examination, j.ep^on"''' surveys and levels and an estimate of the cost of reclaiming such lands so as to render thein available for cultivation with his recommendation respecting the same. No 17 of 1897, s. 26. 30. The commissioner shall have power to make contracts Construotion in the manner hereinbefore provided for the construction and °^,^°r^? •'^ a ,.,., '^ , -, -,, ,., , connection repair or any dram, bridge, road, dam, dyke, slide or any other with swamp work necessary or proper to prevent the flooding of or to carry off the water from any such land as aforesaid and to render the same available. No 17 of 1897, s. 27. 3T. When it has been ascertained on the report of a compe- obstiuction,s tent engineer that there exists or is being or has been con- discharge of structed across any river, stream or water course any boom, ""ater from mill-dam, embankment or obstruction which does or which in p ^^ ^ the opinion of such engineer will impede the free discharge of water from any such swamp, bog or flooded lands as aforesaid, the commissioner shall have power to stop the construction thereof or to cause the same to be removed or a slide construc- ted as in his opinion may be most advisable ; and if it be found that the owner of any such boom, mill-dam, embankment or obstruction or any other person sufl^ers any damage in conse- quence of the stoppage of its construction or of its removal or of the con.struction of any slide under the provisions of "this section, such owner or person suffering such damage shall re- ceive compensation (if on arbitration as hereinafter provided he be considered reasonably entitled to any) for any such dam- age to be agreed upon or appraised and awarded in manner hereinafter provided ; due regard being paid to the previous right or wrongful action of the owner in constructing the mill- dam, boom or embankment ; and such compen.sation shall be paid within six months after the same has been agreed on or awarded as aforesaid : Provided that any such river, stream or water course is with- Proviao in the purview of the Territorial authority. No. 17 of 1897, s. 28 ; and No. 40 of 1838, s. 2. 38. When any such slide as aforesaid has been constructed Free access in any mill, mill-dam or embankment, such slide shall be under obstructing the control of the department ; and the commissioner, his of^'^tef^ engineers and agents shall have free access to the same at all reasonable times and for all reasonable purposes including the regulating and discharge of water over and the repairing of the .same. No. 17 of 1897, s. 29. 7 97 Cap. 9 PUBLIC WORKS CO. of drainage worki Appointment 'ii9. When the works for the drainage or saving from flood- to "akfchSge i"S? "'' ^"y ''^"'^ '^^^^ ''^®" reported complete the commis.siouer shall if necessary appoint a competent overseer or overseers to take cliarije of the Siinie whose duty it shall be t.) report from time to tine and as occasii^n may recjuire on the condition of the same and to state what repair.? are required to keep them in good order. .No. 17 of 18i)7, s. BO. 30. The com 1 is.sioner shall have power to grant permission to any pcrsi-n to construct or cause to be constructed at his own expen.se jiiteral drains into any main drains or water courses constructed or improved under this Orsion shall be in writing, siy-ned and sealed as hereinbefore directed in regard to contracts and shall set foi th the conditions and pijyments on which the same is granted. No. ]7 of 1897, s. U. Construction of lateral drains When constructed without permission Privilege of using drainage works 31. If any person construct or canse to be con.structcd any such lateral drain as aforesaid fr. ■») which water ni'ijMte dis- charged into anj' such main drain or water course constructed or inipi'oved as aforesaid without such written permission fir.vt obtained, such person shall on due notice given in writing signed bj? the commissioner restore such lateral and main drain and water cnurse to their former condition ; and should any person refuse or neg'ect to restoi'e such lateral and main drain and water course to their foiiner condition within a r- asonabje time after the receipt of such notii e mch person shall be guilty of an offence and on summary conviction thereof be liable to a penalty not exceeding $200. i\'o. 17 of 1897, s. 32; No. 40 of lS9cS, s. 2. 32. Should any person have or acquire land in the vicinity of any main drain or water course constructed or improved as aforesaid, such person shall have the privilege of usinu- such main drain or water course under such conditions and pay- ments as may be ccmsidered fair and reasonable by the com- missioner, to whom application in writing must be made and by whom permission must first be given as hereinbefore pro- vided. No. 17 of 1897, s. 33. PROTECTION OF PUBLIC WORKS. Penalties for injuring public works Trafflc on bridges 33. Any person who carelessly or wilfully breaks, cuts. filU up or otherwise injures any public work .shall be guilty of an offence and upon summary conviction thereof be fined a sum not exceeding .$100 and costs and in default of payment forthwith after conviction may l)e imprisoned for a period not exceeding sixty days ; and the justice of the peace may further order the oft'etider to forthwith repair any such damage or re- move any obstruction as aforesaid. (2) Any person who rides or drives any hoi'se, mule or horn- ed cattle upon or iicross any bridge the pr^porty of the Noith- West Government at a pace faster than a walk shall be o-uilty of an offence and shall be liable upon summary conviction thereof to a penalty not exceeding $2.5. 9S 1898 PUBLIC WORKS Cap. !) 8 (3) Any person who wilfully obsti'ucts any bridge the pro- Obstructing perty of the North- West Government in such a manner as to'"'"^^'^*' prevent or cause hindrance or 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 ex- ceeding $25. No. 17 of 1897, s. 34.. OFFICIAL ARBITEATORS. 34. The Lieutenant Governor may frorn time to time appoint Appointment any number of persons not exceeding three who shall arbitrate °'°'''^''™'°'''' on, appraise, determine and award the sum which shall be paid to any person in respect of any claim made by such person under thi.s Ordinance and not provided for by The Expropri- ation Ordinance and 'with whom the commissioner has not agreed and cannot agree ; and every such arbitrator shall re- ceive such remuneration as shall be from time to tijne fixed by Order of the Lieutenant Governor in Council. No. 17 of 1897,8.35. 35. The arbitrators shall take before the clerk of the Exe- Arbitrators to cutive Council or any person appointed to administer an oath ^ ^^°™ in the Territories the following oath : " I, A.B., do swear that I will well and truly hear, try and ex- Oatti amine into such claims as may be submitted to me for compen- sation for real or personal property taken or alleged direct or consequent damage to such pioperty arising from the construc- tion or connected with the execution of a-Taj public work at the expense of the Territories or arising out of or connected with the execution or on account of deductions made for the non- execution or non-fulfilment of any contract for the execution of any public work ; that I will give a true judgment and just award thereon to the best of my knowledge and ability ; and that I will take into due consideration the benefits derived and to be derived by the claimant through the construction of such public work as well as the injury done thereby. So help me God." (2) The clerk of the Executive Council shall keep a record of every oath so taken. No. 17 of 1897, s. 36. 30. The Lieutenant Governor may appoint proper persons to Appoi^ntment act as clerks to the said arbiti-ators and by Oi'der in Council may arbitrators fix the amount of remuneration to be allowed any such clerk. No. 17 of 1897, s. 37. 3T. Whenever any arbitrator .shall have concluded any such Award of ^ arbitration by the publication of his award thereon, he shall to be'^. forthwith cause to be transmitted to the commis,sioner such *™"^g"oner° award together with all depo.sitions, documents, maps, plans, books, accounts, contracts and writings taken by or submitted to such arbitrator in the course of such arbitration • and the commissioner shall file the same as public records of the depart- ment. No. 17 of 1897, s. 38. 74 99 Cap. 9 PUBLIC WOKKS C. 0. ARBITRATION OF CLAIMS. Claims, how to be dealt with 38. If any person has any claim not witliin The, Expropri- ation Ordinance arising out of or connected with the execution or non-execution or non-fulfihnent of any contract in respect of any such puhlic work n)ade and entered into with the com- misioner either in the name of Her Majesty or in any other manner whatsoever, such person may give notice in writing of such claim to the commissioner stating the particulars thereof and how the same has arisen ; .and thereupon the commissioner may at any time within thirty days after such notice tender what he considers a just sati.sfaction for the same with nr^tice tliat unless the sum so tendered be accepted in ten days after such tender the said claim will be submitted to arbitration. No. 17 of 1897, s. 39. Security to be 39. Before any claim under this Ordinance shall be arbi- ciSnante fcrated upon the claimant shall give security to the satisfaction of the arbitratois or any one of them for the payment of the costs and expen.ses incuiTed by the arbitration in the event of such claimant being awarded to pay such costs. No. ] 7 of 1897, .s. 40. Arbitration when not to be allowed 40. No arbitration shall be allowed m any case where by the terms of the contract therein it is provided that the de- termination (if any matters of difference arising out of or con- nected with the same shall be made by the commiiasioncr. No. 17 of 1S97, s. 41. Claims for compensation to be made within s.x months after loss or injury 41. No claim of any kind for compensation in respect of any contract made or for any loss or damage occa>iioned by anything done under this Ordinance by or under the authority of the department or the commissioner shall be submitted to or entertained by any arbitrator unle.ss suv.-h claim and the partic- ulars thereof have been filed with thi- commissioner within six months next after the loss or injury complained of or after the date of the final e.stimate made under such contract. No 17 of 1897, s. 42. POWERS OF ARBITRATORS AND PROCEEDINGS BY OR BEFORE THEM. Arbitrators may summon witnesses 43. The arbitrators may (by order in writing signed by any one of them to be served upon or left at the last usual place of residence of the person to whom it is addressed) require the attendance from any part of the Territories of any witness or the production of any documents re(]uired by any of the parties and may swear the said witness to testify ti-uly rfspecting the matter on which he is to be interrogated ; and any person dis- obeying such order .shall be guilty of an ofience and liable on summary conviction thereof to a penalty of $25 and on non- payment forthwith after conviction to imprisonment for one month. No. 17 of 1897, s. 43. 100 1898 PUBLIC WORKS Cap. !& 10 43. No person shall be compelled to give any evidence or Eridenoe to be produce any document which he would not be compelled to give fttendanoe of, or produce at a trial in the Supreme C>'urt of the Territories : '^^'"®^^^^ and every witness shall be alloM'ed in addition to his reasonable witness fees travelling expanses a sum not exceeding that usually allowed to witnesses in the Supreme Court of the Territories at the dis- cretion of the arbitrators, such remuneration to be paid by the party requiring his attendance. ISo. 17 of 1897, s. 44. 44. In awarding upon any claim arising out of any contract Award of in writing, the arbitrators shall decide in accordance with the^''^^''^*'^™^ stipulations in such contract and shall not award compensation to any claimant on the ground that he expected a larger sum of money in performance of his contract than the amount stipulated therein ; nor shall they award interest on any sum of money which they consider to be due to such claimant in the absence of any contract in writing stipulating for payment of such interest; and any clause in any such contract in which a drawback or penalty' is stipulated for the nun-performance of any condition thereof or any neglect to cumplete any public work or to fulfil any covenant or promise in .such contract shall not be construed a> in the nature of penalty but as importing an assessment by mutual consent of the damages caused by such non-performance or neglect. No. 17 of 1897, s. 55. 45. In the investigation of any claim, the arbitrators shall Evidence to caiise all legal evidence offered on either side to be taken down }'„ ^riting*^ and recorded in writing and shall make and keep a list of all plans, receipts, vouchers, documents and other papers which may be produced before them during such investigation ; but except with they may (with the consent in writing of the commissioner and both'parties of the opposite party) take the testimony of the witnesses ad- duced on either side orally and in such case need not reduce it to writing. No. 17 of 1897, s. 46. 46. If the sum awarded in any case be greater than the sum cost of tendered, the commissioner on behalf of the Territories shalP""^'*™'*"" pay the costs of the arbitration ; but if less the costs shall be paid by the person who refused the tender; and such costs shall in the ca.ses where the award is in favour of the claimant be paid by the Government in addition to the sum awarded and shall where the award is in favour of the Government be paid by the claimant. (2) The tariff of costs relating to matters and causes in the Supreme Court and the taxation thereof shall be applicable to arbitration under this Ordinance. No. 17 of 1897, s. 47. AID TO LOCAL IMPROVEMENT DISTRICTS. 41. In order to aid local improvement districts the Lieuten- Grants to ant Governor in Council may direct that out of any legislative to^bemad'e°^ appropriation made for that purpose there shall be paid to the overseer of any local improvement district for the benefit of 101 11 Cap. 9 PUBLIC WOKKS C. 0. the- district an amount for each day upon which local improve- ment work has been done ; but no such grant shall be paid un- less the overseer of the district has on or before the first day of November of the year for which the grant is to be paid for- warded to the commissioner the returns required by The Local Improvement Ordinance. No. 17 of 1897, .s. 48 ; No. 28 of 1898, s. 20 ; No. 40 of 1898, s. 2. 102 CHAPTER 10. An Ordinance Respecting the Treasury Department and the Auditing of the Pubhc Accounts. THE Lieutenant Governor hy and with the advice and con- sent of the Legislative Assembly o£ the Territories enacts as follows : SHORT TITLE. 1. This Ordinance maybe cited as "The Treasury Depart- Short uaa ment Ordinavce." No. 16 of 1(S97, s. 1. INTERPRETATION. 3. In this Ordinance unless the context otherwise requires — interpretation (a) The expression " treasurer " means the member of the "Treasurer" Executive Council wppohited to act as Territorial treasurer ; (b) The expres.sion " auditor " means the Territorial audi- "Auditor" tor ; (r) 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 "PuWic " public money " respectively mean all revenue andr.p^^jVf"""^ public moneys arising from any source whatever, money" whether such revenue and monej'S belong to the Territories or are held by the Territories or collected or held by oflScers of the Territories for or on ac. If any person whose examination is required by the Commission board resides at a distance from the place where its sittings evidence are held or for any other reasonable cause it may be considered proper, on application as in the last preceding section men- tioned the judge may order such examination to be taken before an officer or person named in the order who shall by vir- tue of such order take such evidence and report the same to the board ; and such officer or person (being first sworn before Powers of some justice of the peace faithfully to execute the duty im- ''°™'^'^'^'°"®'' posed on him by such order) shall with regard to such exami- nation have the same powers as the board or any member thereof would have if such examination had been had before the board itself. No. 16 of 1897, s. 40. 40. If any person so ordered to attend before the treasury Penalty in board or any officer or person appointed as aforesaid fail with- fafil to*attend out valid excuse to attend as ordered or to produce any docu- ?^*<"',^ ment, paper or thing in his possession relating to the subject commissioner matter in question or refuse to be sworn or to answer any pertinent question put to him during his examination, such person shall be guilty of an ofl'ence and be liable on summary conviction thereof to a penalty of $100 and in default of pay- ment forthwith after conviction to imprisonment for a period not exceeding three months. No. 16 of 1897, s. 41. PENALTIES AND REMEDIES FOR MALFEASANCE AND DEFAULT. 41. If any person refuses or neglects to transmit any Refusal to " ' " ' transmit accounts account, statement or return with the proper vouchers to the '''"^°^™^* officer or department to whom he is lawfully required to transmit the same on or before the day appointed for the transmission thereof, such person shall for every such refusal or neglect be guilty of an offence and be liable on summary conviction thereof to a penalty of $100 and in default of pay- ment forthwith after conviction to imprisonment for a period not exceeding three months. No. 16 of 1897, s. 42. 43. Whenever the treasurer has reason to believe that any persons officer or person has received public money or money appli- "'^'^^I'^'ins 109 8 Cap. 10 TREASURY DEPARTMENT CO.: P"Wio moneys cable to any public purpose and has not paid over or duly ap- aocounting plied and accounted for the same he may by a 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 paid over or applied and accounted for to the treasurer or the ofScer to be mentioned in the notice with proper vouchers. No. 16 of 1897, s. 43. How to be dealt with Proceedings where person fails to pay over money, etc., after notice 43. If any such person fail to pay over, apply or account for any such money or to transmit such vouchers within the time limited by the notice served on him, the treasurer shall state an account against such person in the matter to whicli the notice relates chai'ging it)terest from the date of service thereof which statement or a certificate thereof shall be suffi- 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. No. 16 of 1897, s. 44. Judgment 44. If at any time it appears clearly by the books of ac- entered counts kept by or in the office of any revenue officer or by his against officer written acknowledgment or confe.ssion that he has by virtue of his office or employment received any public monej' amounting to a sum certain whith he has failed to pay over to the officer duly appointed to receive the same and in the manner and at the time lawfully appointed, then (upon affidavit of the facts by any officer cognisant thereof and thereunto authorised by ihe Lieutenant Governor in Council made before a judge of the Supreme Court) .':uch judge may direct a judg- ment to be entered therefor in the name of the attorney gener- al 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. No 16 of 1897, s. 45. Persons receiving money for specific purpose failing to so apply it 45. If any person has received public money for the purpose of applying it to any specific purpose and has not so applied it within the time or in the manner provided by law or if any person having held any public office Hnd having ceased to hold the same has in his hands any public money received by him as such officer for the pui-pose of being applied to any specific pur- pose to which he has not so applied it, such person shall be deemed to have received such money for the Crown for the pub- lic uses of the Territories and maj' be notified by the treasurer to pay such sum back to him ; and the same may be recovered from him in any manner in which debts to the Crown ti ay be recovered and an equal sum may in the meantime be applied to the purpose to which such sum ought to have been applied. No. 16 of 1897, s. 46. Officers liable for public moneys lost through malfeasance, etc. 46. If by reason of any malfeasance or of any gross care- lessness or neglect of duty by any revenue officer any sum of money be lost to the Crown, such officer or person shall be accountable for such sum as if lie had colkcted and received the 110 1898 TREASURY DEPARTMENT Cap.'lO 0- same ; and it may be recovered fi-om 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. No. 16 of 1807, s. 4'^. 41. If any revenue officer receive diiectly or indirectly any Acceptance by money, service, value or thing whatever from any person r^|rd°for not legally authorised to pay or allow the same on account of o^^ii^i f^ots anything done hy him in any way relating to his office or em- ployment except what he receives bj- Order or with the permission fif the Lieutenant Governor in Council, every sui-.h officer shall on proof of the same to the satisfaction of the Lieutenant Governor be dismissed from his office or employ- ment ; and if any person (not being an officer duly authorised to pay or allow the same) give, offer or promise any such money he shall for every such gift, offer or promise be guilty of an offence and be liable on .summary conviction thoieof to a penalty of S-100 and in default of payment forthwith after conviction to imprisonment for a period not exceeding six months. No. 16 of 1897, s. 48. 48. All books, papers, accounts and documents of what Books, etc., of kind soever kept or used by or in the possession of anyofflcerT revenue officej' by virtue of his employment as such shall beg™P^^''y°' deemed to be chattels belonging to Her Majesty ; and all moneys or valuaMe seenriticK received or taken into his pos- session by virtue of his employment shall be deemed to be moneys nnd valuable securities belonging to Her Majesty. No. 16 of 1897, s. 49. 49. Nothing contained in this Ordinance shall prevent, other legal , . . Ill* 1 ■ 1 J. TT remedies not lessen or impair any remedy already given by law to Her affected Majesty or any other party. No. 10 of 1897, s. 50. MISCELLANEOUS PROVISIONS. 50. Unon all examinations and inquiries made by Order of Inquiries and "''• ^ f . r~, •! i! L ■ ■ ^^ i_ L^ examinations the Lieutenant Governor in ( /Ouneil tor ascertaining the truth to be as to any fact concerning the revenue or the conduct OfS.nder'oaUi revenue officers and upon like examinations and inquiries made by any person authorised by the Lieutenant Governor in Council to make the same, any person to be examined as a witness shall deliver liis te.stimony on oath to be administered to him by the person making the examination or inquiry. No. 16 of 1897, s. 51. 51. The Lieutenant Governor whenever, he deems it con- Remission of ducive to the public good :ind when great public inconvenience in rartSn^'^'^ or great hardship and injnst ce 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 scopi; of the Legislative Assembly or any forfeiture or pecuni- ary penalty imposed for any contravention of the laws rel^t- 111 10 Cap. 10 TREASURY DEPARTMENT CO. Statement of remissions to be furnished Penalties and forfeitures Existing appointmente to continue Bonds to remain in full force ing to the revenue or to the management of any public work produaing revenue although any part of such forfeiture or penalty be given by lavi^ 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 all proceedings may be had and taken as if it had not been made. No. 16 of 1897, s. 52. 53. A detailed statement of all remissions mentioned in the last preceding section shall be annually submitted to the Leg- islative Assembly within the first fifteen days of the next en- suing session thereof. No. 16 of 1897, s. 58. 53. The attorney-general may sue for and recover in Her 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. No 16 of 1897, s. 54. 54. All commissions and appointments of revenue officers issued or made befoi-e the passing of this Ordinance shall con- 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 (unle.ss 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 granted or made under the authority of this Ordinance subject 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. No. 16 of 1897, s. 55. TERRITORIAL AUDITOR. Territorial auditor 55. For the complete examination of the public accounts of the Territories and for reporting thereon to the Legislative Assembly the Lieutenant Governor in Council may appoint an officer to be called the Territorial Auditor who shall hold office during good behaviour and shall be removable by the 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 Legisla- tive Assembly at its next session shall have considered and taken action in the premises. No. 16 of 189V, s. 56. 112 1898 TREASURY DEPARTMENT Cap. 10 11 56. The Lieutenant Governor in Council shall fi-oni time to Assistants time appoint any officer, clerk or other person to be employed Snpioyed in the office of the auditor. No. 16 of 1897, s. 57. 51. The auditor shall have power to make from time to time Auditor to orders and rules for the conduct of the internal business of his Sc.'^'^ ™^'^^' office and to prescribe regulations and forms for the guidance of departmental accountants in making up and rendering their accounts for examination : Provided always that such rules, regulations and forms shall subject to be approved by the treasury board previous to the issue there- treasury °' of. No. 16 of 1897, s. 58, ^oa'-'i 58. The auditor shall keep proper books of record of all Books of revenues and expenditures of the Territories with an appropri- be™ept ° ation ledger in which the several appropriations and sub- appropriations shall be classified, containing an account under separate and distinct heads of every such appropi'iation or sub- appropriation (whether permanent or temporary) entering under each head the amounts drawn on account of such appro- priation, with the dates and names of the parties to whom payments are made and the services for which they were respectively made. !No. 16 of 1897, s. 59. 59. A uniform system of account books adapted to the Uniform requirements of each department in order to exhibit in a con- aocoiint°booi£s venient form the whole of the receipts and of payment in respect of each vote shall be prepared by the auditor and sub- mitted to the treasury board for approval before its adoption. No. 10 of 1897, s. 60. 60. The auditor shall check during each month the receipts Auditor to and expenditures of the several departments for the calendar receipts and month previous from the books of the department wherein the '^'^p™'^''^™^ transactions of such are i-egularly posted with the books of his office ; and shall certify in the departmental books referred to And certify the result of such audit and the date of inspection. No. 16 of ^^'"'' 1897, s. 61. 61. The auditor shall examine, check and audit all accounts Auditor to of receipts and expenditure of public moneys whether apper acoSunts taining to the Territories or received or expended by the Terri- tories on account of or in trust for any other party or parties. No. 16 of 1897, s. 62. 63. All accounts against the Government of the Territories Account tos must be rendered in duplicate; the heads of the several depart- in duplicate ments or the officers, clerks or other persons charged with the expenditure of public moneys shall respectively audit t^ieDepartmenui details of the accounts of the several services in the first instance and be responsible for the correctness of such examin- ation ; but such departmental examination shall not relieve the auditor from finally examining and auditing the accounts as provided for under this Ordinance. No. 16 of 1897, s. 63. 8 113 12 Cap. 10 TREASURY DEPARTMENT CO. Vouchers after audit,, how to he dealt with 63. After the correctness of any account has been certified to ill the manner preserihed by the treasury board the same sliall be handed to the auditor for final examination and audit; and upon the completion of such examination the original voucher shall be ban led to the treasurer for retention the other to be returned t) that branch of the sei'vice under the authority of which the expenditure has been incurred. No. 16 of 1897, s. 64. Accounts to he examined by auditor His duties aa t ) such accounts Proviso as to rvexamina- tion of accounts R3port to Lsgislature 64. Every appropriation account shall be examined by the auditor on behalf of the Legislative Assembly and in the examination of such accounts the auditor shall ascertain — (a) Whether the same is supported by vouchers or proofs of services having been rendered or supplies furni^^h- ed ; and (h) 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 required by the tr. asurer to make a re-cxan.iniitioii of any appropriation account for the purpose of ascertaining whether the expenditure incurred under any such accouT.t i.o supported by pro[)er auihoiity and the payment applied as indicated by the vouciier or of proof of payment or that a paj-ment so char^^ed did not occur within the period of the acuount or was for any ri ason not properly chargeable again>t the grant, the auditor shall examine such account witli that object and shall report to the treasurer any expenditure which may appear upon such re-examination to have been incurred or applied without proper authority ; and if the treasurer should not thereupon see fit to sanction such unauthorised expenditure it shall be regarded as not chargeable to a legislative grant and shall be reported to the i.egislative Assembly in the manner herein provided. No. 16 of 18.97, s. 65. Method of examination of accounts Further examination 65. In conducting the examination of accounts or vouchers relating to the appropriation of the grants for the several services sanctioned by the estimates of the year, by any Ordinance of the Legislative Assembly, Act of the Parliament of Canada or Order of the Governor in Council, the auditor shall test the accuracy of the computations of the several items of such vouchers ; and if he be satisfied tliat the accounts bear evidence that the vouchers have been completely checked, examined and certified as correct in every respect and that they have been allowed and passed by the proper departmental officers he may admit the same as satisfactory evidence of correctness in support of the charges to which they may relate but he shall not be thereby relieved from his responsibility in the matter : Pi'ovided always that if the treasurer should desire any vouchers to be examined by the auditor in greater detail, the auditor shall cause such vouchers to be suVjected to such a detailed examination as the treasurer may think fit to scribe. xNo. 16 of 1897, s. 66. 114 pre- 1898 TREASURY DEPARTMENT Cap. 10 ]3 6C. The cheques shall be prepared in the Treasury depart- Preparation ment and signed by the treasurer or such member of the Exe- °' ''^'^^""^ cutive Council a.s may be appointed to act as treasurer under the provisions of section 18 of this Ordinance and countersigned by the auditor or other officer appointed there- unto duly authorised by Order in Council ; and such cheques shall be entered in the books of the audit office ; and it shall be Entering the duty of the auditor with an official of the Treasury depart-"* ^'^^^ ment 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. No. 16 of 1897, s. 67. 67. It shall be the duty of the auditor (subject to the ex- Duties of ceptions hereinafter provided for) to see that no cheque issues foissSe^' for the payment of public money for which there is no direct °* °^*'i"*^ appropriation 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. No. 16 of 1897, s. 68. 68. No cheque for public money shall issue (except upon Certificate of the certificate of the auditor that there is legislative authority authorityVor for the expenditure) save only in the following cases : expenditure 1. If upon any application for a cheque the auditor has re- Exceptions ported that there is no legislative authority for issuing it then q^ opinion upon the w^ritten opinion of the attorney genei-al that there is of attorney such authority, citing it, the treasurer irrespective of the audi- ^™^™ tor's report may cause the cheque to be prepared ; 2. If (when the Legislature is not in session) any accident Extraordinary happen to any public work or building which requires an im- "^'^"'^'^"oes mediate outlaj' for repair thereof or on any other occasion when any expenditure not foreseen or provided for or insufficiently provided for by the Legislature is urgently and immediately required for the public good, then upon the report of the treas- urer that there is no legislative provision or (if any) that the amount is insufficient and of the head of the department hav- ing charge of the service in question that the necessity is ur- gent the Lieutenant Governor in Council may order a special warrant to be prepared to be signed by the Lieutenant Gover- nor himself authorising the expenditure of the amount esti- mated 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 : 3. If the auditor has refused to certify that a cheque of the objections by treasurer may issue on the ground that the money is notjustly^ *°'' due or that it is in excess of the authority granted by the Lieut- enant Governoi' in Council or for any reason other than that there is no legislative authority, then upon a report of the case Treasury prepared by the auditor the treasury board shall be the judge ^°g[^g'° 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 8i 11.5 14 Cap. 10 TllEASURY DJiPAllTMENT CO. prepare statement of apesial warrants, etc. Auditor to oounteralgn all cheques Not to apply to trust rands pare a statement of all .such legal opinions, reports of Council, special warrants and cheques issued vvitlicut 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 cheques issued by the treasurer, shall before countersigning such cheques satisfy himself that the cheques are auihoiised under some one or other of the provisions of this Ordinance ; 6. Ni) pirt of this section .shall apply to moneys deposited with tlie Goveiwiment of the Territories in tr'ust lor any person, persons or corporation. No. 16 of 1897, s. flO. Payment not to be authorised without certiacate of correctness Progessive estimates 69. NTo payment shall be authorised by the auditor in re- spect of services rendered or .supplies furnished by any person in Connection with any part (if the public sejvice of the Teiri- t;;ries unless (in addition to any voucher or certificate which may be required in that behalf) the per.son un^ler whose special charge such pai't of the public service is certifie.s to tiie effect that such sei-vices have been rendered or such supplies fur- nished (as the case may be) and that the chai-ge made is according to contract or (if not covered by contract) is fair and just : Provided however that no cheque shall issue for the pa3-ment of any progressive estiiiiate unless the voucher or certificate upon which such estimate is paid contains (so far as practicable) the details of the matei'ials supplied and the services rendered except in the case of a payment as a piogr.LSsive estimate 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 payment ; but under no cicumstances is a second ailvance to be made upon the same .service until such first advance is duly account- ed for. No. 16 of 1897, s. 70. Differences 10. Should any differtnce arise between the auditor and any Auditorand department respecting the appropriations to which any author- department ised expenditure shoidd be charged, such difierence mny be i-eferred by the dei artment to the treasury board ; and the board shall determine in what manner and to what appropria- tion or account such expenditure shall be charged. No 16 of 1897, s. 71. Otheraccpunts TH' Besides the appropriation accounts of the grants of the may be"^^'°'^ Legislature the auditor shall exiimine and audit (if required to e^iminUnd '^° **° ^>' ^^^'' ti't-asurer and in accordance with any regulations audit that may be prescribed for his (guidance in that behalf by the treasuiy board) the following account^, that is to say : The accounts of all receipts of revenues farming the general revenue fund of the Ttiritocies. the accounts current with any baid< or financial agent of the Territories, and any oth(-r public accounts M hich (tliough not relating directlv to the receipts and expendi- 116 " 1808 TREASURY DEPARTMENT Cap. lO 15 tures of the Territories) the treasurer or the treasury board may direct. No. 16 of 1^97, s. 72. T3. The accounts whii'h by the last precedinfr section the Accounts treasurer is empowered to subject to the e.xaniination of tliep^^ceding auditor shall be rendered to him by the department or officer ^^^^"jj'^g directed by the treasurer so to do; and the expression " ac- rendered countant" (when used in this and the following sections of this Ordinance with reference to any such accounts) shall be taken to mean the officer th it may be so requiivd by the treasurer to i ender the same ; and eveiy public officer into Officers whose hands public moneys (in the nature either of revenue money'to or of fees of office) shall be paid by persons bound by law or^°^^|^o*'° hy resi;ulation to do so or by subordinate or o'her officers whose duty it may be to pay such moneys wholly or in part into the account of the treasurer or to fipply the same to any public service shall (at such time and in such form as the tieasury board shall determine), render an account of his receipts and payments to the auditor ; and it shall be the duty of the clovk of the Executive Council to inform the auditor of the appointment of every such officer. No. 16 of 1897, s. 73. T3. In all cases whei-e the auditor is required bj- the Auditor shall treasurer to examine and audit any accounts under the last statement of two preceding sections, he shall (on the examination of such Treasurer" accounts being completed) transmit a statement theieof or a report thereon to the Treasurer who shall (if he think fit) signify his approval of such accounts ; and the auditor on receipt of such approval shall thereupon tx'ansiiiit to the account- ant a certificate in a form t'l be from time to time determined by th'' treasui-y boaid which shall be to such accountant a valid and effectual discharge from so much as he may thureby appear to be discharged from. No. 16 of 1897, s. 74. 14. In Older that all examinations may as far as possible ^^^?g'*^^g*°g proceed simultaneously with the transactions of the several de- to books of partments, the auditor shall have free access at all times to the books and other documents relating to the accounts of such de- partments and may require the several departments concerned to furnish him from time to time or at regular periods as may be directed liy the treasurer with accounts of the transactions of such departments respectively up to such times or periods. No. 16 of 1897, s. 75. T5. Every accountant on the termination of his charge as ;^l^^j,*j°'" *° such accountant or (in case of a deceased accountant) his lepre- toproper sentatives shall forthwith pay over any balances of public of moneys money then due to the Crown in respect of such charge to the public officer authorised to receive the same; and in all cases in which it shall appear to the auditor that balances of public money have been improperly aiid unnecessarily I'etaineil 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 proce.ss or bv other 117 16 Cap. 10 TREASURY DEPAKTJIENT C, 0. lawful ways and means) of the amount of such balance or balances together with interest upon the whole or on such part of such balance or balances as to the treasurer may appear just and reasonable. Xo. 16 of 1897, s. 76. Report to Legislature 10. If the treasurer do not within the time prescribed by this Ordinance present to the Leoi,slative Assembly any report made by the auditor on the appropriation accounts or any other accounts, the auditor shall forthwith present such report. No. 16 of 1897, s. 77. Monthly statement of revenue and expenditure] TT. The auditor shall cause to be prepared for submission to the treasury board at the earliest possible moment after the end of each month a statement of the revenue and expenditure as shown by his books on account of the various services up to the date named. No. 16 of 1897, s. 78. lis CHAPTER 11. An Ordinance respecting Public Printing. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : 1. The Lieutenant Governor may appoint a Queen's pi-inter Appointment for the Territories and may fix the salary and prescribe the printer duties appertaining to the office. R.O. c. 2, s. 1 ; No. 88 of 1897,8.6(1.) S. The Lieutenant Governor in Council may authorise the Publication of publication twice in each month of an official gazette, to be° °^^ sa-r.e.e called The North-West Territo7'ies Gazfiie, for the publication of proclamations, official and other notices and of all such matters whatsoever as may be from time to time required. R.C). c. 2, s. 2 ; No. 38 of 1897, s. 6. (2) ; No. 5 of 1898. 3. It shall be the duty of the Queen's printer (subject to the Printing and direction of the Lieutenant Governor in Council; to print and Ordinances, ° publish or cause to be printed and published the Onlinances o^^'^^^'^^-^to- the Territories, r/ie iVo/'^/'- We -^ Terr 'dories Gazette, and such documents and announcements as may from time to time be required. KO. c. 2, s. tS. 4. All advertisements, notices and documents whatever re- Publication of latinof to matters within the control of the Legislative Assembl}' ments, etc. of the Territories and which by any law are required to be f ublished shall be published in the said official gazette unless any other mode of publication is prescribed by law. R. 0. 'c. 2, s. 4. 5. The Lieutenant Governor in Council shall prescribe the G-'zotu' conditions of the publication of the said gazette; and shall and charges designate the public bodies officers and pers.ms to whom the*°''^P"^ii<''^ti™ said gazette shall be sent ; and shall make a tariff" of charges to subscription be paid for the publication of notices, advertisements and do- cuments to be published in the said gazette and the price of subscription to said gazette. R.O. c. 2, s. 5. 119 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 1. The Lieutenant Governor in Council may, when he deems of inquiry -^ expedient 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 commission- ers to make such inquiry and to report thereon. No. 2 of 1895, s. L Powers of 3. The Lieutenant Governor may by the commission by commissioners i • i i ■ i. ii v j.i ■ • j.u which he appoints them confer upon the commissioners the power of summoning Avitnesses 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 investiga- tion 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. No. 2 of 1895, s. 2. ^tf?iio offices '^' '^^^ 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 Vjooks and by such other means as he may deem necessary such inspector shall particularly satisfy himself as to the correctness of anj- returns required under any Ordinance or under any Ordei- of the Lieutenant Governor in Council to be made by the officer whose office he is inspecting upon all which matters the inspector shall make report to the Lieutenant Governor. No. 6 of 1898, s. 1. 120 CHAPTER 13. An Ordinance Respecting Security to be Given by Public Oflficers' 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 security 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 heis then in the Territories or within three months if he is then ab- sent from the Territories (unless he sooner arrives in tlie Terri- tories, and tlien within one month after such arrival) give and Time and enter into a bond or bonds or other security or securities in ^yfng'' °* such sum and with such sufficient sureties as are approved of security 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. R.O. c. 4, s. 1. 3. Whenever any person is required under this Ordinance or Bond solely or by any Order of the Lieutenant Governor in Council to eive bond or security for the due performance of the duties of any office to which he has been or is about to be appointed, such person may either solely or together with any sureties as the case may be give such securities by bond in the form A in the schedule to this Ordinance or to the like effect. R.O. c. 4, 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 con- strued and have the same effect as if it contained the form of words set forth in column two of the said form. R.O. e. 4, s. 3. 4. Any recitals may be inserted prior to the condition of the ^daptation bond and the feminine gender may be substituted for the mas- culine or the plural number for the singular or vice versa in any form in the first column of the said form and correspond- ing changes shall in .such case be taken to be made in the corresponding form in the second column ; and any express exceptions or qualifications or additions made, introduced or annexed in the first column shall be taken to be made in the corresponding form in the second column. R.O. c. 4, s. 4, 121 Cap. 13 SECURITY BY PUBLIC OFFICERS CO. Irregularities 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 preced- ing shall nevprlheless be as effectual to bind the obligors there- in so far as the rules of law and equity will permit - annexed bond named, make oath and tories, to wit : J ?ay, 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 S 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) CD. (A separate affidavit to he made by each surety.) Indorsement on Bond. The indorsement on the bond shall show : 1. The date of its receipt by the Territorial Secretary. 2. The names of the principal and sureties, and the amount for which each is bound. 3. The date of the bond. 4, The office for the faith- ful discharge of the duties whereof it is sriven. .5. The regis- tration number. 6. The folio on which it is entered in the register of bonds. R.O. c. 4. (Signature) A B. 128 CHAPTER 14. An Ordinance respecting the Eegistration 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. I . This Ordinance may be cited as " The Vital Statistics short title Ordinance." No. 34 of 1897, s. L INTERPEKTATION. 3. In this Ordinance unless the context otherwise requires — 1. The expression "minister" means the member of the "Minister- Executive Council administering this Ordinance ; 2. The expression " department " means the depai'tment pre- "Department" sided over by the mini-ster administering this Ordinance ; 3. The expression " occupier " where used in sections eight "Occupier" 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. No. 34 of 1S97, s. 2. ADMINISTRATION. 3. The Lieutenant Governor in Council may direct this Ordi- Administra- nance to be administered by any member of the Executive Territorial Council by name or otherwi.^e ; and in the absence of any such ^^°''^'^'^>' direction the Ordinance shall be administered by the Territorial secretary. No. 34 of 1897, s. 3. REGISTRATIOX DIVISIONS — REGISTRARS. 4. For the purposes of this Ordiiiance the Lieutenant Gover- Registration nor in Council shall establish divisions for the registration of ^'^'"^'""^ births, marriages and deaths occurring witliin the limits of such divisions and shall appoint registrars therefor. No. 34 of Registrars 1897, s. 4. 5. The department shall from time to time supply the Forms registrars with the forms necessary for the discharge of the duties herein imposed on them ; and it shall be the duty of such registrai's to apply to the department for the issue of such forms whenever they may require them. (2) The costs and expenses of such forms and the expenses attendant upon the distribution theieof shall be paid out of the general revenue fund of the Territories. 9 129 2 Cap. 14 VITAL STATISTICS C. 0. (3) In case of the termination of the appointment of any reg- istrar by death, resignation or otherwise, all such forms and other matters pertaining to his duties under this Ordinance in his possession or that of his representative shall be forthwith delivered to his successor. No. 34 of 1897, s. 5. Monthly C Each registrar shall within the first week of each month returns -^^ every year transmit to the department duly certified under his hand the forms containing the original entries of all births, marriages or deaths reported to him during the pre- vious month. No. 34 of 1897, s. 6, Registrar's T^' Each registrar shall receive a fee to be paid out of the fees 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. No. 34 of 1897, s. 7. REGISTRATION OF BIRTHS. Persons to 8. Thp father of any child born in the Territories or (in case register births qJ \^[f^ 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 bv the minister from time to time. No. 34 of 1897, s. 8. Registration 9, In registering the birth of an illegitimate child, it shall children ""* " not be lawful for the name of any person to be entered as the father un ess 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 " in the column set apart for the name of the child and immediately under the name if any. No. 34 of 1897, s. 9. Alterations 10. When the birth of any child has been registered and the name (if any) by which it was registered has been altered or (if it was registered without a name) when a name is given it, the parent or guardian of the child or other person procuring 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 130 1898 VITAL STATISTICS Cap. J 4 : entry without making any alteration in the original entry. No. 34 of 1897, s. 10. REGISTRATION OV .MARRIAGES. 11« Ever\' clergyman, minister or other person authorised Offlciaiing I)}' law to celebrate marriages shall be vo((uired to re]).")i-t every to^iepl'ri'" marriage he celebrates to the registrar of the division within which the marriage is celebrated within one month from the date of the marriage witl:i the particulars required by form B in the schedule to this Ordinance; and in order to better enalile the clergyman, minister or other person to.niake the report as aforesaid he shall be furnished (on demand) by the registrar of the division in which he resides with blank forms coiitnininc;' the particulars required by said form B. No. 34 of 1897, s. 11. REGISTRATION OF DEATHS. 13. The occupier of the house or tenement in which a death AVhoshaii takes place or (if the occupier be the person who has died then) deaths some one of the persons residing in the house in whicli the death took place or (if the death lias not taken place within a house then) anj' person present at the death or having any knowledge of the circumstances attending tlie same or the coroner attending anj^ inquest held on such person shall supply to the registrar of tlie division in which the death took place according to his or her knowledge or belief all the particulars required to be registered touching such death, according to form C in the schedule to this Ordinance. No. 34 of 1897, s. 12, 13. Every registrar shall (immediately upon registering Ceiuiiiau' of any death or as soon thereafter as he is required so to fjo)"^*^'^''"'"'" witheut fee or reward deliver to any person requiting the same for the purpose of burial a certificate according to form D in the schedule to this Ordinance that the particulars of such death have been duly registered. No. 34 of 1897, s. 13. 14. Every clergyman, minister or other person who buries oiergymaii or performs any funeral or religious service for the burial of deatiis, if noi any dead body (unless he has received a certificate under thcblfof^fi^uj.ij^i hand of the registrar of the division in which the death took place according to form D in the schedule to this Ordinance that the particulars of the death have been dul\- registered) shall within one month make a return of such death according t(i form C in the schedule to this Ordinance to the registrar oi^ the division in which the death took place No. 34 of 1897, s. 14. 15. Every duly qualified medical practitioner who was last rioctono in attendance during the last illness of any person shall (with-SITatir'"' in one month after having notice or knowledge of the death of such person) transmit to the registrar of the division in which the death took place a certificate under las signature of the cause of death according to form E in the schedule to this Ordi- H 131 Cap. 14 VITAL STATISTICS CO. nance ; and it shall be the duty of every such medical practi- tioner to apply to the said registrar for blank forms for that purpose ; and upon the receipt of the certificate from the medicil practitioner by the registrar he .shall attach the same to the form as provided in form C in the schedule hereto contain- ing the particulars of such death. No. 34 of 1897, s. 15. Cemetery caretakers to report burials unless previoiisly registered 16. Every superintendent, caretaker or owner of any cerae- terj'^ or Viurial ground whether public or private permitting any dead body to be interred in the grounds over which he has charge (unless he receives a certificate under the hand of the registrar of the division in which the death took place that the particulars of the death have been duly registei'ed) .shall give to the registrar within seven days after the burial a written notice under his hand stating according to his know- ledge, information and belief the name and residence of the de- ceased and the date and ,place at which the death and burial took place. No. 34 of 1897, s. 16. PENALTY FOR DEFAULT OF REGISTERING. Penalty for neglect of registration IT. If any person required by this Ordinance to report births, ma'riages, deaths or burials, refuses or wilfully neglects to do so within the time named, such person shall be guilty of an offence and on summary conviction thereof forfeit and pay a sum not less than $1 nor m(jre than SoO ; and it shall be the duty of registrars to prosecute all such persons .so neglecting or refusing to make the required reports within the limits of their respective divisions ; but nothing contained in this sec ion shall pi-exent persons other than registrars from prosecuting default- ers. No. 34 of 1897, s. 17. CORRECTIO^f OF ERRORS— SUBSEQUENT REGISTRATION. CDrreetionof 18. If it is discovered that any error has been made in the InUxetc. eritiy of any birth, niari-iage or death then (upon the same being reported to the pi'oper registrar) it shall he his duty to inquire into the sjirie and if s-iti-fied that an enor has been conniiitted it shall be lawful for him t > make the necessary alteration in the margin of the form C'lntaining the original entry without any alteration in such original entry ; and if the original entry of such birth, marriage or death has been trans- mitted to the d'-partment he shall report to the department according to the facts of the case so as to secure the correction of sucii erroneous entry in the margin of the form containing the original entry. Nu. 34 of 1897, s. 18. Registration 19. Every registration of a bii'th, marriage or de«th shall af ter two years i-,g niade within ihe time specified; but nothing herein con- tained shall prevent, the subsequent registration of such birth, marriage or death within the period of two years. (2) After the expiration of two yeaj-s after the date of any birth, maniage or death, the particulars of such birth, marringe or death shall not be registered except with the written author- ise 1898 VITAL STATISTICS Cap. l4 G ity of the minister and the fact of such authority having Vieen given shall be entered in the column set apart for remarks in the registration form. No. Si of 1«97, s. 19. RETURNS. 30. The returns of births, marriages and deaths shall be vital statistics transmitted by registrars to the department by rej^i.stered bt'kepti^n mail ; and shall be arranged, indexed and kept in the archivus'^^P^''''™™* of the depaitment ; and any person shall be entitled to haveFeesfor them searched during the regular bu.siness hours of the depart- glrtiflcat'tf menton payment of twenty-five cents for each search and to re- quire extracts duly cerliiied by the minister on payment of fifty cents for each such certificate. (2) In case such seaiches be required to be made and ex- tracts to be furnished before the leturns have been transmitted to the department as required by this Ordinance, any registrar shall as to the returns in his possession allow such searches to made and shall furnish certified extracts on payment to hiui of the fee or fees as proviiied in this section ; but any registrar who may not have transmitted his returns as required by this Ordinance shall not allow such searches to be made or give such certified extracts after the date when such returns should have been transmitted : Provided that any coroner shall be entitled to have the re-Provisp turns of births, marriages and deaths searched free of charge by the registrar or other oiBcer having charge of such returns in respect of any inquiry pending before him and to receive extracts duly certified therefrom free of chaige. (3) Such certified extracts shall be evidence of the entry and prima facie evidence of the facts therein stated in any court. No. 34 of 1897, s. 20. REGULATIONS. 31. The Jjieutenant Governor in Council may from time to Lieut. time make such further rules, oiders and regulations as may be councii°ma"y required for the purpose of effectually obtaining the informa- m^ice rules tiou required by this Ordinance. No. Si of 1897, s. 21. PENALTIES AND PROSECUTIONS. 33. Any person who knowingly or wilfully makes or causes Penalty for to be made a false statement touching any of the particulars stitement required to be reported and entered under this Ordinance shall be guilty of an offence and liable upon summary conviction thereof to a penalty of $25. No. 34 of 1897, s. 22. 33. For the purpose of proceedings under this Ordinance Haoe of or any order or regulation made thereunder, every offence hereunder against this Ordinance or any such order or regulation shall be deemed to have been committed and every cause of complaint under this Ordinance or any such order or regt lation shall be deemed to have arisen either in the place in which the same actually was commiited or arose or in any place in which the person charged or complained against happens to be. No. 34 of 1897, s. 23. 133 Cap. 14 VITAL STATISTICf SCHEDULE. CO. FORM A REGISTIIATIOX OF BIETH. Registration Division ot' No. ...ofl Wlien Born Nam Sex (mall- or female.) Name and surname of father. Name and sur- name of mother. Rank or profession oi father. Description and residence of informant. Name of doctor in attendance (if anj^). Remarks. I liereby certify the foregoing to be true and correct to the liost of my knowledge and belief. (tiveii under my hand at the dav of 1 Tiipiriiiivnt. 1 hereby certify the foregoing to be the true and correct original entry of birth returned to me on the nliove mentioned ilati.'. Given under my hand at the day of 1 Registrar. 1H4 1898 VITAL STATISTICS Cap. 14 FORM B. No. .of 1 REGISTRATION OF MARRIAGE. Registration Division of BRIDEGROOM. His name. Age. Residence when married. Place of birth. Bachelor or widower (b or w). Rank or profession. Religious denomina- tion. Names of parents. BRIDE. Her name. Age. Residence when married. Place of birth. Spinster or widow (s or w). Religious denomina- tion. Names of parents. Names and resid- ences 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 Ojjiciating 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 Eegtstrar. 135 Cap. 14 VITAL STATISTICS FORM C. C. 0. No. .of 1 REGISTRATION OF DEATH. Registration division of Name and surname of deceased. When died. Sex (male or female.) Age. Rank or profession. Where born. Certified cause of death and duration of illness. Name of physician (if any.) Religious denomination. Description and residence of informant. Remarks. 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. 136 ]898 VITAL STATISTICS FORM D. Cap. 14 I, Division of particulars of the death of have been duly registered. Given under mj hand at 1 Registrar of the Registration , do hereby certify that the this day of Registrar. FORM E. Registration Division of Name and surname of deceased Sex. Resi- Rank or dence. j profession. Duration of illness. Cause of death. I hereby certify the foregoing to be a true and correct certi- ticate of the cause of the death of the person therein named. Given under my hand at of , 1 this day M.n. 137 CHAPTER 15. An Ordinance respecting the Expropriation of Lands 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 | , This Ordinance may be cited as " The Er-propritUion Or- dinance." No. 10 of 1889, .s. 1. INTERPRETATION. Interpretation 3. In this Ordinance unless the context otherwise requires — "?i™.e 1. The expression " public work " means the laying out, constructing and improving any dam, drain, ditch, bridge, cul- vert, approach to a fei-ry, pul lie highway or public well, the construction of public buildings and the acquisition of land for school buildings, or for the constructi(_)n of reservoirs for the storage of water : 2. The expression " cornraissioner '' means the commissioner of public works : "HepartDiont' 3 The cxpression " department " means the department of public works ; "Ciiief 4. The expression " chief engineer " means the chief engineer .nginc r ^^^^ surve3-or of the department of public works ; ••sni\eyor" 5. The expression " Surveyor " means a duly qualified Do- minion Jand surveyor, authoi'ised to survey Dominion lands. No. 28 of 1897, s. 1. i^OWER TO TAKE LAND, ETC. I'oHer-of the 3. The Commissioner may by engineers, superintendents, conniiis.'^ioner i. i i V agents, workmen and servants — KiiterinK lands 1. Enter into and upon any land to whomsoever belonging and survey and take levels of the same and make such borings or sink such trial pits as he deems necessary for any purpose relative to a public work ; Taking 2. Enter upon and take posse.ssion of any land the appropria- iio,ssession ^.^^ ^^^ ^yhich is (in his judgment) necessary for the use, con- struction, maintenance or repair of any public work or for ob- taining better access thereto ; Deijosit 01 3. Enter with workmen, carts, carriages and horses upon any ntXrii'is"' land and deposit thereon soil, earth, gravel, trees, bushes, logs, poles, brushwood or other material found on the land required for public work or for the purpose of digging up, quarrying and carrying away earth, stones, gravel or other material and cut- ting down and carrying away trees, bushes, logs, poles and brushwood therefrom for the making, constructing, maintaining or repairing the public work ; 138 ■■ Comiui. •^ioncr " 1898 EXPROPRIATION OF LANDS Cap. 15 S ■i. Make and use all such teiiipoiary roads to and from «ucli nomiy. timber, stones, clay, gravel, sand or gravel pits as are required by him for the convenient passing to and from the works dur- ing their construction and repair; 5. Enter upon any land for the purpose of making proper Drains drains to carry oti" the water from the public work or for keep- ing such drains in repair ; 6. Divert or alter (as well temporarily as permanently) the rjivert course of any brook, rivulet, road, street or way or raise or sink j.J,™^™'' "' the level of the same in order to carry it over or under, on the'"'^"' level of or by the side of the public: work as he thinks proper ; but before discontinuing or altering any pubhc road another convenient road in lieu thereof shall be substituted; and the land theretofore used for any road or part |of a road so discon- tinued may be transferred by the commissioner to, and shall thereafter become the property of, the owner of the laud of which it originally formed a part ; 7. Divert or alter the position of any water pipe, gas pipe, i.jpes, wires, sewer, drain or any telephone or electric light wire or pole. No. p"''^"' 10 of 1889, s. 3; No. 28 of 1897, ss. 2, 3. 4. Whenever it is necessary in the building, maintaining or Kcmoving repairing of the public work to take down or remove any wall fe"''^'s or fence of any owner or occupier of land or premises adjoining the public work or to construct any back ditch or drain rtit'rhcs'^'^ '"'' for carrying oft' water, such wall or fence shall be repl aced as soon as the necessity which caused its taking down or removal has ceased ; and after the same has been so replaced or when such drain or back ditch is completed the owner or occupier of such land or premises shall n)aintain such wall or fence, drain or back ditch to the same extent as such owner or occupier might be by law re(juired to do if such wall or fence obligation of had never been so taken down or removed or such drain ^'^"'^ """"'' or back ditch had always existed. No. 10 of 1 889, s. 4. 5. Whenever any gravel, stone, earth, sand or water is taken sifUngs, as aforesaid at a distance from the public work, the commis- h™'.^;''" " sioner may cause to be laid down the necessary sidings, water pipes or conduits or tracks over or through any land interven- ing between the public work and the land on which such material or water is found whatever the distance is; and all the provisions of this Ordinance shall apply and may be used and exercised to obtain the right of way from the public work Rigin of way to the land on which such materials are situate ; and such right may be acquired for a term of years or permanently as the com- missioner thinks proper; and the powers in this section con- tained may at all times be exercised and used in all respects after the public work is constructed for the purpose of repair- ing and maintaining the same. No. 10 of 1889, s. 5 ; No. 28 of 1897, s. 4, tt. Whenever (for the purpose of procuring sufficient lands "'hyio vvhoie for gravel pits or for constructing, maintaining and using the more advau- 189 Cap. 15 EXPROPRIATION Of LANDS CO. tageouBly purchased than a part public work) any land may be taken under the provisions of this Ordinance and by purchasing the whole of any lot or par- cel of land of which any part may be taken under the said provisions the commissioner can obtain the same at a more reasonable price or to greater advantage than by purchasing such part only as aforesaid, he may j)urchase, holi, use or enjoy the whole of such lot or p.ircel and also the right of way thereto if the same is separated from the public work and may sell by tender or public auction and convey the same or any part thereof from time to time as he deems expedient; but the compulsory provisions of this Ordinance shall not apply to the taking of any portion of such lot or parcel which is not in the opinion of the commissioner necessary for the purposes afore- said. No. 10 of 1889, s. 6 ; No. 28 of 1897, s. 5. Survey of landB Proceedings to obtain possession 7, Land taken for the use of Her Majesty shall be surveyed and marked on the ground by a duly qualified survej'or who shall prepare a plan of the same and a proper description thereof by metes and bounds ; and when no proper deed or conveyance thereof to Her Majesty is made and executed by the person having the power to make such deed or conveyance or when a person interested in such land is incapable of making such deed or conveyance or when for any other reason the commissioner deems it advisable so to do, he may apply for and obtain from the judge of the Supreme Court of the Terri- tories usually exercising jurisdiction in the juilicial district within which the land is situate an originating summons re- turnable before him in chambers at such time as he may ap- point. (2) The proceedings upon and incidental to any such sum- mons shall be in conformity with the provisions of The Judi- cature Ordinance. No. 10 of 1889, s. 7 ; No. 28 of 1897, s. 6. Appointment 8. In any case in which there is no guardian or other person ?epresentative ^o represent any person under any disability, a judge of the of person Supreme Court of the Territories may (after due notice to the disability persons interested) appoint a guardian or person to represent for the purposes hereof such person so under such disability rt'ith authority to make and execute any necessary transfer or conveyance. No. 10 of 1889, s. 8 ; No. 8 of 1898, s. 1. Application of 9. The court or a judge in making any order under the pro- mraey"^**'"" visions of this Ordinance shall give such directions as to the disposal, application or investment of such compensation money as such court or judge deems necessary to secure the interests of all persona interested therein. No. 10 of 18a9, s. 9. Contracts and 10. Any Contractor agreement made hereunder and any conveyances conveyance or other instrument made or given in pursuance of such contract or agreement shall be good and valid to all intents and purposes whatsoever. No. 10 of 1889, s. 10. Contract binds for one year the 11. Every such contract or agreement made bi^fore deposit of plans and description and before the setting out and 140 1898 KXPROPRIATION OF LANDS Cap. 15 4 ascertaining of the land required for the public work shall be and on third binding at the price agreed upon for the same land if it is after- "^^^ wards so set out and ascertained within one year from the date of the contract or agreement and although such land has in the meantime become the property of a third person. No. 10 of 1889, s. 11. WARRANT FOR POSSESSION. 1 2. If any resistance or opposition is made by any person to warrant for any person entering upon and taking possession of any p°^^''®^'°" lands under the provisions of this Ordinance, a judge of the Supreme Court of the North-West Territories may (on proof of the execution of a, conveyance of such lands to Her Majesty or agreement therefor and after notice to shew cause given in such manner as he prescribes) issue his warrant to the sheriff of the district within which such lands are situate directing him to put down such resistance or opposition and to put the commissioner or some person acting for him in possession thereof; and the sheriff shall take sheriff's with him sufficient as.sistance for such purpose and shall duties put down such resistance and opposition and shall put the commissioner or such person acting for him in possession thereof; and shall forthwith make return to the Supreme Court of such warrant and of the manner in which he executed the .same. No. 10 of 1 889, s. 12 ; No. 2« of 1897, s. 7. COMPENSATION. 13. The compensation money agreed upon or adjudged for compensation anj' land or property acquired or taken for or injiiridusly affect- "tana'for ed by thi' construction of any public work shall stand in fneumbramjes the stead of such land or property ; and any claim to or incum- brance upon such land or property shall (as respects Her Majesty) be converted into a claim to such compensation money or to a proportionate amount thereof and shall be void as respects any land or property so acquired or taken, which sh ill (by the fact of the taking possession thereof or the tiling of the plan and description in the land titles office of the land I'egis- ^ggy^goj tration district in which the lands are situate as the case niayjand^by filing be) become and be absolutely vested in Her Majesty. No. 10 of 1889, s. 13 ; No. 8 of 1898, s. 2. 14. If the compensation money agreed for or adjudged does compensation not exceed $100 it may be paid to the per-on who under this"'^'^''''*™ Ordinance can lawfuby convey the land or property or agi'ee for compensation to be made in the case, saving always the riohts of any other person to such conipen,sation ruon^y as against the person receiving the same. No. 10 of 1889, s. 14, P^ymentot 15. Every nerson who has any estate or interest in any Owner of ,, ■'' .1,1 .■ •••lifiii land taken land or property ac()uired or taken lor or iniuriously attected by or affected the construction of any public work or who repiesents or whot°^^|^^g«^; is the husband of any such person .shall (upon demand made therefor by or on behalf of the commissioner) furnish to him a, 141 Cap. i; EXPROPllIATION OF LANDS CO. true statement showing the particulars of such estate and in- terest and of every charge, lien, or incumbrance to which the same is subject and of the claim made by such person in respect of such estate or interest. No. 10 of 1889, s. 15; No. 28 of 1897, s. 8. Offer of cnTupensation to owner Acceptance of amount offered 10. In any case in which Land or property is acquired or taken for or injuriou.sly affected by the construction of any public work, the commissioner shall forthwith cause to be served on the person or persons who (at the date when such land or property was so acquired, taken or injuriouslj' affected had any estate or interest therein) a notice stating the .sum of money which the commissioner is ready to pay to such person or persons as compen.sation therefor. (2) If any party entitled to compensation as aforesaid is dis- .satisfied with the amount so offered he shall (within fifteen days after the .service of such notice) notify the commissioner of such dissatisfaction ; otherwise he shall be taken to have accepted the amount as offered. No. 10 of 1889, s. 17 ; No. 28 of 1897, s. 10 ; No. 8 of 1898, s. 3. LANDS VESTED IN BEK IVIAJESTY. Lands to be vested in Her Jlajesty Sale wlien not required IT. All lands and property aci:[uired for any public work- shall be vested in Her .Majesty and when not required for the public work may be sold or disposed of undei' the authority of the commissioner : and ciny portion thereof not required for the public work may be sold I13' tender or public auction or leased under the authority afore.said ; and the proceeds of all such sales and leases shall lie accounted for as public money. No. 10 of 1889, s. 16; No. 28 of 1897, s. 9. 142 CHAPTER 16. An Ordinance to make Regulations with respect to Coal Mines. THE Lieutenant Governor, Ly and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : SHORT TITLE. I. This Ordinance may be cited as " TIip Cuul Mines Regula- shwiua^ hit ions OrdiiKince" No. 9 of 1898, s. 1. INTERPRETATION. 5J. In this Ordinance unless the context otherwise requires — interpretation 1. The expression "mine " includes every shaft in the course "Mine" of being sunk, and every level and inclined plane in the course of being driven for commencing or opening any coal mine, and all the shafts, levels, planes, works, machinery, tramways and sidings, both below ground and above ground, in and adjacent t® a coal mine, and any such shaft, level and inclined plane belonging to such coal mine ; 2. The expression "shaft" includes pit ; ■■shaft" 3. The expres,sion "plan" includes a map and cross section i^ian" and a correct copy or tracing of sjiy original plan as .so de- fined ; 4. The expression "owner" when used in relation to anyowaer" mine means any person or body corporate who is the im- mediate proprietor or lessee or occupier of any mine or of any part thereof, and does not include a person or body corporate who merely receives a royalty, rent or fine from a mine or is merely the proprietor of a mine subject to any lease, grant or license 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 ■■ akciu" means any person having on behalf of the owner care or direc- tion of any mine or of any part thereof, and superior to a man- ager appointed in pursuance of this Ordinance ; 6. The expre.ssion "Commissioner" means the Commis.sioner "Cummis- of Public Works for the Territories ; ''°"'^'-" 7. The expression " inspector" means an inspector appointed "insiiertor" under the provisions of this Ordinance ; 8. The expression "manager" means a manager holding a ■■Manager " certificate of competency under the provisions of this Ordi- nance ; 143 Cap. IG COAL MINES C. 0. "Pit boss" and "Are boss 'Board" , 9. The expressions " 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. No. 9 of 1898, s. 2. EMPLOYMENT OF PERSONS IN COAL MINES — PRECAUTIONS FOR SAFETY. Register of employees 3. The owner, agent or manager of every mine to which this Ordinance applies shall keep in the office at the mine a register and shall cause to be entered in such register the name, age, residence and date of first employment of all persons employed Production of in connection with the mine, and shall produce such register to any inspector under this Ordinance at all reasonable times when required by him, and allow him to inspect and copy the same. No. 9 of 1898, s. 3. Females and 4. No boy under the age of 12 years nor any woman or girl tweiveyears of any age shall be employed or be permitted to be in the SSnes ^"'^'^ '" workings of any mine operated under the provisions of this Ordinance. No. 9 of 1898, s. 20. Entrance to mine or com^ munication with parts machineryj etc, 5. When there is a shaft or inclined plane or level in any mine to which this Ordinance applies, whether for the purpose 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 ^"jf^^^gj'"! engine, 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 chai-ge of such engine, windlass or gin or of a.ny part of the machinery, ropes, chains or tackle con- nected therewith unless he is a male of at least eighteen years of age. No. 9 of 1898, s. 4. Failure to 6. If any person contravenes or fails to comply with or re^stration or permits any person to contravene or fail to comply with any reguiationsis P^^ovision of this Ordinance with respect to the registration of an offence persons employed in such mine or to the employment of per- sons about any engine, windlass or gin, he shall be guilty of an offence again.st this Ordinance ; and in case of any such con- travention or non-compliance by any person whomsoever the owner, agent and manager shall each be guilty of an offence against this Ordinance. No. 9 of ,1898, s. 5. against Ordinance Misrepre- sentation as to age T. If it appears that a person employed in any mine or about an engine, windlass or gin connected therewith was employed on the representation of his parent or guardian that he was of that age at which his employment would not be in contravention of this Ordinance, and under the belief in good faith that he was of that age the owner, agent or manager of the mine and employer shall be exempt from any penalty in case it shall appear that the person so employed was not of such age and the parent or guardian making such false repre- 14* 1898 COAL MINES Cap. 10 8 sentation shall be deemed guilty of an ofience against this Ordinance. No. 9 of 1898, s. 6. 8i Notwithstanding any contract or agreement to the con- pg^.g^jjg j^^|. ^.^^ trary the owner, agent or manager of a mine to which this work in mine Ordinance applies shall not employ any person in such mine or seam imstwo permit any person to be in such mine for the purpose of em- •'^'I'^f''* 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 unles.s there is a communication of not less than four feet wide Means of com- and three feet high between .such two shafts or outlet.^, ^'^^d ^'^'"oation^ unless there is at each of such two shafts or outlets or upon and egress to the works belonging to the mine and either in actual use or '^ ^™^' "^ available for use within a reasona,ble time proper apparatus for raising or lowering persons at each such shaft or outlet : Provided that such separation shall not be deemed incom- p^oyigo 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. No. 9 of 1898, s. 7. 9, Every owner, agent or manaser of a mine who acts in „ , • n n ■■, 1 -ii ±1 1 i_ T Contravention contravention of or tails to comply with the last preceding of foregoing section shall be guilty of an offence against this Ordinance. agenT"o?' No. 9 of 1898, S. 8. ' manager orlcing of 10. The Supreme Court or any judge thereof whether any^^,^^^^_ other proceedings have or have not been taken may upon the mine may be application of any person authorised thereto by the commis- ^™ "' ^ sioner prohibit by injunction the working of any mine in which any person is employed or is permitted to be for the purpose of employment in contravention of section 8 hereof and may award such costs in the matter of the injunction as the court or judge thinks just ; but this provision shall be without prejudice to any other remedy permitted by law for enforcing the provisions of this Ordinance. (2) Written notice of the intention to apply for such injunc- tion in respect ot any mine shall be given to the owner, agent or manager of such mine not less than ten days before the application is made. No. 9 of 1898, s. 9. 1 1. The provisions of this Ordinance with respect to shafts when or outlets shall not apply in the following cases, that is to say : to shaft "shall . , „ . • i! .1 not apply 1. In the case either of opening a new mine tor 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 10 i45 Cap. 16 COAL MINES CO. lielow ground at any one time in the whole of the different seams in connection with euch shaft oi' 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 inflammaVjIe gas, that sufficient provision has bi en m.ide against danger from other causes than explo.sions of gas by using stone, brick or iron in the place of wood for the lining of the shaft and the construction of the mid-wall ; or (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 timt^ in the whole of the different seams in connection with the shaft or outlet in any such mine more than ten per.sons, or (if the mine is not a mine with inflammable gas) then such larger num- ber of persons as may for the time being be allowed by the commissioner. No. 9 of 1898, s. 10. Parte of mine 13. Where two Or more parts of a mine are worked separ- aoparateiy ately the owner, agent or manager of the mine shall give notice separate^mine.s'''' ^'''^'"S ^° ^^^'^ effect to the commi.s.i.ioner, 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 tbis Ordinance or in any way pre- vent the carrying of this Ordinance into effect, he may object to such division by notice served on the owner or agent of the mine. No. 9 of 1898, s. 11. Objection to division of mine into parts MANAGERS OF MIKES. Da-ly su 3er\ ision of manager Penalty for wcrkin^ willioiit manager Exemption Contractor 13. Every mine to which this Ordinance applies shall except as hereinafter provided bo. under the control and daily 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 figent of such mine shall each be guilty of an offence agamst this Ordinance. (3) A mine in which less than twenty persons are ordinarily employed below ground shall be exempt from the provisioms 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. No 9 of 1898, s. 12. 1 4, A contractor for the mining of coal or a person emplov- 146 1898 COAL MINES Cap. IG i ed by such contractor shall not be eligible for the position of cannot be a manager in any mine operated under the nrovisions of this ™'^"^ser Ordinance. No. 9 of 1898, s. 21. 15. A certificate of competency as a manager in form certificate approved by the commissioner may be issued by the commis- °* ""^"'^ser sioner to any person who is entitled thereto under the provi- sions of this Ordinance, but no such certificate shall be issued to any, person who has not had five years' practical experience of coal mining operations under ground. No. 9 of 1898, s. 13. IC Every person to whom a certificate of competency as a Recording of manager is issued shall be duly recorded as the holder of such 'certificate certificate and shall pay therefor to the commissioner a fee of $5. No, 9 of 1898, s. 14. IT. Every person holding a first class certificate of compe- Granting teney as a manager of coal mines obtained by examination intopOTaonf any province of Canada or other part of Her Majesty's ^°^^i°8 dominions or in the United States of America may apply to oertiScatea the commissioner to be granted a certificate of competency under the provisions of this Ordinance. Such application shall be accompunied by the certificate or certificates held by the applicant and he shall furnish such further proof as to his practical expei'ience, ability, sobriety and general good conduct as the commissioner may require. If the certificates forward- ed 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- cate of competency to such applicant and record him as the holder of such certificate. No. 9 of 1898, s. 15. 18. Any person not the holder of a certificate of com pet- Service ency 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 ex- perience 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 compet- ency as a manager under the provisions of this Ordinance ; and if the proof of such service and such further proof of the so- briety, ability and general good conduct of the applicant as the commissioner may require is of a satisfactory character the commissioner may issue a certificate of competency as a mana- ger to such applicant and duly record him as the holder of such certificate. No. 9 of 1898, s. 16. li>. For the purpose of examining candidates who may Examining desire to obtain certificates of competency as managers and who^°^''* are not qualified for such certificates under the provisions of sections 17 and 18 of this Ordinance, there shall be a board of examiners consisting of the inspector, a certificated manager and a miner who has had at least five years' practical ex- lOi 14 -"I Cap. 16 COAL MINES CO. Place and date of examination Candidates for examination to give notice Duties of examining board When certificate aiiall issue' Cancellation or sufl|)ension of certificate for cause shown. Record of same Restoration perience 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 will meet at each mine shall be given by the inspector to the man- ager of such mine two weeks before the date of such meeting. (3) Candidates who may desire to submit themselves for ex- amination at such meeting shall notify the inspector in writing one week before the date of the meeting. (4) The board shall examine candidates presenting them- selves for examination who have given the proper notice as to their practical experience and theoretical knowledge of all the operations connected with the mining of coal and management of mines, and may issue a certificate to such candidates as successfully pass such examination, reciting the facts and recom- mending the issue to such candidates by the commissioner of a certificate of competency as a manager. (5) Upon receipt of the certificate issued by the board, together with a fee of $15, the commissioner shall issue a certificate of competency as a manager to the holder of the certificate from the board and shall record him as the holder of such certificate of competency. (6) If at any time representation is made to the commis- sioner by an inspector or otherwise that a manager holding a certificate of competency under this Ordinance is by reason of incompetei cy or gross negligence unfit to discharge his duties or has been convicted of an oflTence 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 certi- ficate of such manager. (7) When the certificate of a manager is cancelled or sus- pended in pursuance of this Ordinance the commis.sioner shall cause such cancellation or suspension to be recorded in the register of holders of certificates. (8) The commissioner may at any time if it be shown to him to be just to do so renew or restore on such terms as he thinks fit any certificate which has been cancelled or suspended under the provisions of this Ordinance. No. 9 of 1898, s. 17. PIT BOSS A^D FIRE BOSS. Pit or fire boss 30. The board may at any meetmo; held tor the examma- certificates on ,. ,. j- i x j? i-i? !• examination tion 01 candiilates lor certincates ot competency as managers, examine such candidates as present themselves for certificates as pit bosses or fire bosses and to each candidate who success- fully passes the examination prescribed by the board may upon payment of a fee of $3 issue a certificate, signed by the inspector, authorising him to act in such capacity. Return of (2) The inspector shall make a return to the commissioner of iSued"*^ ^^ all certificates issued under the provisions of this section 148 1898 COAL MINES Cap. 16 7 and shall transmit to the commissioner all fees collected in con- nection therewith. (3) Any person who on the 19th day of September 1898 Time was acting as a pit boss or fire boss in any mine operated afplf or Are under the provisions of this Ordinance may, upon application ''^^ to the inspector and payment of a fee of $3, be granted a certi- ficate of qualification as a pit boss or fire boss as the case may be, provided that such person proves to the satisfaction of the inspector that he has had five years' experience of coal mining operations under ground, and produces a certificate from the manager of the mine in which he is employed stating that he ii filling the position of pit boss or fire boss in such mine. No. 9 of 1898, s. 18. HI. No person shall act as pit boss or fire boss in any mine Necessity for operated under the provisions of this Ordinance unless he is the ^°®^ '''''■'*^°^''® holder of a certificate issued by the board authorising him to act in such capacity. No. 9 of 1898, s. 19. REPORTS AND RETURNS. 33. On or before the first day of February in every year Output the owner, agent or manager of everj^ mine to which this Jetums a" '^ Ordinance applies shall send to the commissioner a correct *" "'^p^"''*''"* return specifying with respect to the year ending on the pre- ceding thirty-first day of December, the quantity of coal wrought in such mine and the number of persons ordinarih^ employed in or about such mine below ground and above ground, distinguishing the persons employed below ground and above ground and the diflferent classes and ages of the persons so employed and such return shall be in accordance with form A in the schedule hereto. No. 9 of 1898, s. 22. 33. Every owner, agent or manager of a mine who fails to Mailing false coTQply with the preceding section or makes any return pre- ^f^™** scribed thereby which is to his knowledge false in any parti- cular shall be guilty of an offence against this Ordinance. No. 9 of 1898, s. 23. 34. The aggregate results of such returns may be published Publication but the individual return shall not be published without"'™'"™'^ the consent of the person making the same or of the owner of the mine to which it relates, and no person other than gov- ernment officials shall be entitled without such consent to see the same. No. 9 of 1898, s. 24. ACCIDENTS TO BE REPORTED. 35. Where, in or about any mine to which this Ordinance AU accidents applies, whether above or below ground, either loss of life '^o *'« '■^P^^'te'i or personal injury to any person employed in or about the mine occurs by reason of : (a) Any explosion of gas, powder or of any steam boiler ; or 149 Cap, 16 COAL MINES CO. When death ensues (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 therel:)y to the commissioner and shall specify in such notice the character of the explosion or accident and the number of persons killed and injured re- spectively. No. 9 of 1898, s. 25. 2<». 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. No. 9 of 1898, s. 26. Liability for 31. Every owner, agent or manager who fails to act in "i^Snc™" compliance with the last two preceding sections shall be guilty of an offence against this Ordinance. No. 9 of 1898, s. 27. NEW SHAFTS. ABANDONMENT OF MINES. CHANGE OF NAME OR OWNER. NUISANCES. Notice to be given of opening, dis- continuance, re-opening, or cliange of owner of mine 38. In any of the following cases, namely : (a) Where any working is commenced for the purpose of opening a new shaft for any mine to which this Ordinance applies ; (b) Where a shaft of any mine to which this Ordinance applies is abandoned or the working thereof discon- tinued ; (c) Where the working of a shaft of any mine to which this Ordinance applies is recommenced after any abandonment or discontinuance for a period, exceed- ing two months ; or (d) Where any change occurs in the name of, or in the name of the owner, agent or manager of any mine to which this Ordinance applies or in the officers of any incorporated company which is the owner of a mine to which this Ordinance applies, the owner, agent or manager of such mine shall give notice thereof to the commissioner within two months after such commencement, abandonment, discontinuance, recommencement or change ;• and if such notice is not given the owner, agent or manager shall be guilty of an offence against this Ordinance. No. 9 of 1898, s. 28. Entrance to 29. Where any mine to which this Ordinance applies is i'o"be'seOTre?y abandoned or the working thereof discontinued, at whatever fenced ^jj^g g^^gh abandonment or discontinnance occurs the dwi^er thereof shall cause the top of the shaft and any side entrance from the surface to be and to be kept securelj' fenced for the prevention of accidents : Provided that — 1.50 1898 COAL MINES Cap. 16 (a) Subject to any contract to the contrary the owner of Responsibility the mine shall, as between hiin and any other person e^Ttrance"^ interested in the minerals of the mine, be liable to carry into effect this section and to pay any costs incurred by any other person interested in the minerals of the mine in carrying this section into effect ; (h) Nothing in this section shall exempt any person from Liability liability under any other Ordinance or otherwise. orfinan'Jes'' (2) If any person fail to act in conformity with this section he shall be guilty of an offence against this Ordinance. No. 9 of 1898, s. 29. 30. Any shaft or side entrance which is not fenced as when shaft or required by the last preceding section, if within fifty yards of g^J^^^f^^ any highway, road, footpath or place of public resort or in nuisance open or uninclosed laud shall be deemed to be a nuisance. No. 9 of 1898, s. 30. 31. Whenever slack deposited in the neighbourhood of Burning slack the pit's mouth is unfenced and bui-ning and thereby in ane^-rpitmouth dangerous 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. No. 9 of 1898, s. 30. 33. When any mine to which this Ordinance applies ispianot abandoned the owner of such mine at the time of such ^ne'to"be abandonment shall within three months after such abandon- sent tp 1 1 , ,1 ■ ■ ,1 , commissioner ment send to tlie commissioner an accurate plan on a sea e of not less than one hundred feet to one inch or on such other scale as the plan used in the mine at the time of such abandon- ment is constructed showing the boundaiies of the woik- ings of such mine up to the time of the abandonment ; but no person except an inspector under this Ordinance or other gov- ernment official shall be entitled, without the consent of the owner of the mine, to see such plan until after the lapse of ten years from the time of such abandonment. Every owner who fails to comply with this section shall be guilty of an offence against this Ordinance. No. 9 of 1898, s. 31. NOTICES. 33. All notices under this Ordinance shall be in writing or service of print or partly in writing or partly in print, and all notices g°^ices^and 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 ofiBce. No. 9 of 1898, s. 32. 151 10 Cap. 16 nOAL MIXES CO. INSPECTORS. POWERS AND DUTIES. .Vppointment of inspectors 34. The Lieutenant Governor in Council may from time to time appoint any fit per.sons 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. No. 9 of 1898, s. 33. Powers of inspector Obstructing inspector 35. An inspector under this Ordinance shall have power to do all or any of the following things, namely : 1. To make such examination and inquiry as may be necessary to ascertain whether the pi'ovisions of this Ordinance relating to matters above ground or below ground are com- plied with in the case of any mine to which this Ordinance applies ; 2. To enter, inspect and examine any mine to which this C)rdinance applies, and every part thereof, at all reasonable times by day and night but so as not to impede or obstruct the working of the said mine ; 3. To examine into and make inquiry respecting the state and condition of any mine to which this Ordinance applies, or any part thereof, and the ventilation of the mine and the sufficiency of the special rules for the time being in force in the mine and all matters and things connected with or relating to the safety of the per,sons 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 ; 5. To exercise such other powers as may be necessary for carrying this Ordinance into effect. No. 9 of 1898, s. 34. 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 in relation to such mine or manager thereof shall be guilt}' of an offence against this Ordinance. No. 9 of 1898, s. 35. PLANS OF MINES. plan of mine to be kept in office i'roduction of plan to inspector 3^. The owner, agent or manager of any mine to which this Ordinance applies shall keep in the olRce at tht 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 an inspector under this Ordinance such plan and shall, if 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. No. 9 of 1898, s. 30. 152 1&98 COAL MINES Cap. 16 11 38. If the owner, agent or manager of any noine to which -failure to this Ordinance applies fails to keep such plan as is prescribed and accurate by the last preceding section or wilfully refuses to produce or oJfe" c" allow to be examined such plan or wilfully withholds any portion of any plan or conceals any part of the workings of his mine or produces an imperfect or inaccurate plan, unless he shows that he was ignorant of such concealment, imperfection or inaccuracy he shall be guilty of an offence against this Ordinance ; (2) The inspector may by notice in writing (whether penalty inspector may for such offence has or has not been inflicted) require the own- {J^^^j'^^g}?'" '" er, agent or manager to cause an accurate plan, such as is pre- scribed 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 neces- sary, to make such plan or cause it to be made he shall be guilty of an offence against this Ordinance. No. 9 of 1898, s. 37. GENERAL KQLES. 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- ventilation 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 tit state for working and passing therein. Rule 2. An adequate amount of ventilation shall mean Division into not less than one hundred cubic feet of pure air per minute f or gpfj"*''^ ^ each man, boy, horse and mule employed in a mine and as much more as the inspector may direct which shall .sweep the face of each working place. Every mine shall be divided into districts or splits of not more than seventy men in each district, and each district shall be supplied with a separate current of fresh air. All intake air shall travel free intake ah- 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 or- der that two doors shall be placed so that while boxes are being Preservation 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 Exemptions not apply to mines in which safety lamps are not necessarily employed ; {b) In all mines so exempt all narrow working places shall ^^jj^ng not be driven more than twenty yards ahead of places to be ventilation or such lesser distances as will prevent the ventilation 153 12 Cap. 16 COAL MINES CO Inspection to take place when inflammable gas foujid Work not to proceed until roadways reported safe Inspection as to ventilation Unused entrances in mines to be fenced Stations When danger exists all workmen to be withdrawn Inspection to follow air in the said narrow working places becoming visibly foul. tiule 3. In every mine in which inflammable gas has been found within the preceding twelve months, then once in every twenty-four hours if one shift of workmen is employed and once in every twelve hours if two shifts are employed during any twenty four hours, a fire boss shall so far as is reasonably practicable immediately before the time for commencing work in any part of the mine inspect with a safety lamp that part of the mine and the roadways leading thereto and shall make a true report of the 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 safe. Every such report shall be recorded without delay in a book which shall be kept at the mine for the purpose and shall be signed by the fire boss. Rule 4 In every mine in which inflammable gas has not been found within the preceding twelve months then once in every 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 that part of the mine and the roadways leading thereto and shall make a true report of the condition thereof so far as ventilation is concerned and a work- man shall not go to work in any such part until the same and the roadways leadir)g 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 5. All entrances to any place not iu actual course of working and extension shall be properly fenced across the whole width of such entrance so as to prevent persons inadvertently entering the same. Rule 6. A station or stations shall be appointed at the entrance to a mine or to different parts of the mine as the case may require and a workman shall not pass beyond any such station 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 of noxious gases prevailing in such miae or such part thereof, or of any cause whatever, the mine or the said part is daiiger- ous every workman shall be withdrawn from the mine or such part thereof as is found dangerous and the manager or a tire 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 neces- sary for inquiring into the cause of danger or for the removal thereof or for exploration be readmitted into the mine, or such part thereof as was so found dangerous until the same is stuted by such report not to be dangerous. Every such report shall 154 1898 COAL MINES Cap. 16 13 be recorded in a book which shall be kept at the mine for the purpose and shall be signed by the manager or fire boss. Rule 8. In every working approaching any place where there Where is likeh' to be an accumulation of explosive gas no lamp o? explosive" or light other than a locked safety lamp shall be allowed f^^^'],'J|^'^yj'gj^. or used, and whenever safety lamps are required by this Ordi- lamps to be " nance or by the special rules made in pursuance of this Ordinance to be used a competent person who shall be appointed for the purpose shall examine every safety lamp Examination immediately before it is taken into the workings for use andfamps"'' ascertain it to be secure and securelj' locked ; and in any part of a mine in which safety lamps are required to be used they shall not be used until they have been examined and found secure and securely locked and shall not without Lamps not to due authority be unlocked and in the said part of a mine ^^^p^J^j^^j^^ a person shall not unless he is appointed for the purpose have tobe.struci< in his possession any key or contrivance for opening the lock of any such safety lamp or any lucifer match or apparatus of any kind for striking a light. Where it is necessary to work coal in any part of a ventilating district with safety lamps it shall not be allowable to work with a naked light in another part of the same ventilating district situated between the place where such safety lamps are being used and the return airway. Rule 9. Gunpowder or other explosive or inflammable use of substance shall only be used in the mine under ground asfJJ^^t^^/'' follows : explosives (a) It shall not be stored in the mine ; (b) It shall not be taken into the mine except in a case or canister containing not more than four pounds ; (c) A workman shall not have in use at any one time in any one place more than one of such cases or canisters ; (d) In charging holes for blasting an iron or steel pricker shall not be used and a person shall not have in his possession in the mine under ground any iron or steel pricker and an iron or steel tamping rod or stemmer shall not be used for ramming either the wadding or the first part of the tamping or stemming on the powder : (e) No explosive shall be forcibly pressed into a hole of in- sufficient size and when a hole has been charged the explosive shall not be unrammed and no hole shall be bored for a charge at a distance of less than two feet from any hole where the charge has missed fire but where a space of two feet from the first hole can- not be obtained the explosive may be unrammed under the sanction and supervision of the shot examiner ; (/) It shall not be used except in accordance with the fol- lowing regulations during three months after any in- 155 14 Cap. 16 COAL MINES CO. Conditions of shot firing When blue cap shows on flame of safety lamp. flammable gas has been found in any .such mine, namely : (2) A fire boss shall immediafcely before firing the .shot examine the place where it is to be u.sed and all places contiguous thereto within a radius of twenty-five yards and shall not allow the shot to be fired unless he finds it safe to do so, and a shot shall not be fired except by or under the direc- tion of the fire boss, but the provisions of this subsection shall not apply to mines in which safety lamps are not necessary unless the commissioner by notice in writing served on the owner, agent or manager of such mine requires it to be so applied. (3) If the place where the shot is to be fired is dry and dusty then the shot shall not be fired unless one of the follow- ing conditions is observed, that is to say : (a) Unle.ss the place of firing and all contiguous and accessible places within a radius of twenty yards are at the time of firing in a wet state from a thorough watering or other treatment equivalent to watering in all parts where dust is lodged, whether roof, floor or sides ; or (6) In the case of places in which watering would injure the roof or floor unless the explosive is so used with water or other contrivance as to prevent it from inflaming gas or dust or is of such a nature that it cannot inflame gas or dust ; (c) All hauling or other roads that are dry and dusty shall be watered sufiicientJy often to allay the du.st. (4-) If the said inflammable gas issued so freely that it showed a blue cap on the flame of the safety lamp it shall only be used : (a) Either in those cases of stone drifts, stone work and sinking of .shafts in which the ventilation is so man- aged that the return air from the place where the powder is used passes into the main return air course without passing any place in actual course of work- inff ; or ib) Dangeious Rule accumulation „_„f„;„ of water Contain When the persons ordinarily employed in the mine are out of the mine or out of the part of the mine where it is used ; oi' (c) Where a mine is divided into separate panels in such manner that each panel has an independent intake and return airway from the main aircourse and the main return aircourse the provisions of this rule with respect to gunpowder or other explosive inflammable substance shall apply to each .such panel in like manner as if it were a separate mine. 10 When any place adjoining any working is likely to a dangerous accumulation of water the workings approaching such place shall not exceed eight feet in width and there shall be constantly kept at a sufficient distance not 156 1898 COAL MINES Cap. IG 15 being less than five yards in advance at least one borehole near the centre of the working and sufficient flank boreholes on each side. Rule 11. Every underground plane on which persons travel Underground which is self acting or worked by an engine, windlass or gin pilnes'tcfhave shall be provided if exceeding thirty yards in length with ™|naning and some proper means of signalling between the stopping places places of and the ends of the plane and shall be provided in every case"^*^ ^^ at intervals of not more than twenty yards with sufficient manholes for places of refuge. Rule 12. Every road on which persons travel under-ground Refuge for where the load is drawn by a horse or other animal shall be provided at intervals of not more than fifty yards with suffi- cient manholes or with a space for a place of refuge, which space shall be of sufficient length and of at least three feet in width between the waggons running on the tram road and the side of such road. Rule 13. Every manhole and space for a place of refuge Refuge places shall be constantly kept clear and no person shall place any- clear *^ thing in a manhole or such space so as to prevent access there- to. Rule 14, The top of every shaft which for the time being is Fencing top out of use or used only as an air-shaft shall be securely fenced, ghaft^^'"^ Rule 15. The top and all entrances between the top and Fence may be bottom of every working or pumping shaft shall be properly removed for fenced but this shall not be taken to forbid the temporary P^p^'tf/'^" °' removal of the fence for the purposes of repairs or other oper- ations if proper precautions are used. Rule 16. Where the natural strata are not saf^ every work- where natural ing or pumping shaft shall be securely cased, lined or otherwise ^^^^^'^ unsafe made secure. Rule 17. The roof and sides of every travelling road aiidRoofsand working place shall be made secure and a per.son shall not un- ^^fi^'°eJ?^re less appointed for the purpose of exploring or repairing, travel or work in any such travelling road or working place which is not so made secure. Rule IS. Where there is a downcast and furnace shaft Optional use and both such shafts are provided with apparatus in use shaf?™*^*^^* for raising and lowering persons, every person employed in the mine shall upon giving reasonable notice have the option of us- ing the downcast shaft. Rule 19. In any mine which is usually entered by means of Competent machinery a competent person of such age as prescribed by this charge of Ordinance shall be appointed for the purpose of working ^'^'^i^"^'^'''' the machinery which is employed in lowering and raising per- sons therein and shall attend for the said purpose during the whole time that any person is below the ground in the mine. Rule 20. Every working shaft used for the purpose of draw- shafts to be ine minerals or for the lowei-ing or raising of persons shall if ex- provided with ^ 157 16 Cap. 16 COAL MINES CO. guides and means of communi- cation Overhead covering Single llnli chain not to be used Prevention of slipping of rope Machine to have brake and indicator attachments Parts of machinery to be fenced Boilers to be provided with gauges Using barometer and thermometer when gas found Damage to mine fittings prohibited Observance of directions -Examination of machinery and shafts ceedino- fifty yards in depth and not exempted in writing by the inspector be provided with guides and some proper means of communicating distinct and definite signals from the bottom of the shaft to the surface and from the surface to the bottom of the shaft and to every entrance for the time being in work between the surface and the bottom of the shaft. Rule 21. A sufficient cover overhead shall be used when lowering or raising persons in every working shaft except where it is worked by a windlass or where the person is employed about the pump or some work of repair in the shaft, or where a written exemption is given by the inspector. Rule 22. A single link chain shall not be used for lowering or raising persons in any working shaft or plane except for the short coupling chain attached to the cage or load. Rule 2-3. There shall be on the drum of every machine used for the lowering or raising persons such flanges or horns and aNo if the drum is conical such other appliances as lo&y be sufficient to prevent the rope from slipping. Rule 24 There shall be attached to every machine worked by steam, water or mechanical power and used for lowering and raising persons an adequate brake and also a proper indi- cator in addition to anj^ mark on the rope which shows to the person who works the machine the position of the cage or load in the shaft. Rule 2.5. Every fly wheel and all exposed and dangerous parts of the machinery used in or about the mine shall be and be kept securely fenced. Rule 26. Every steam boiler shall be provided with a proper steam guage and water guage to show respectively the pressure of steam and the height of water in the boiler, and with a proper safety valve. Rule 27. After dangerous gas has been found in any mine a barometer and a thermometer shall be placed above ground in a conspicuous position near the entrance to the mine. Rule 28, No person shall wilfully damage or without proper authoiity remove or render useless anj' fence, fencing, casino-, lining, guide, means of signalling, signal, cover, change, flange, horn, brake, indicator, steam guage, water guage, safety valve, or other appliances or thing provided in any mine in com- pliance with this Ordinance. Rule 29. E\ery person shall observe such directions with respect to working as may be given to him with a view to comply with this Ordinance or the special rules. Rule 30. The manager or a pit boss shall once at least in every twenty-four hours examine the external parts of the machinery and the state of the head gear, workino- places, levels, planes, ropes, chains and other works of the mine which are in actual use and once at le-ist in every week shall e.xamine the state of the shafts \>y which persons ascend or descend and the guides or conductors therein and shall make a true report 158 ^ 1898 COAL MINES Cap. 16 17 of the result of such examination and such report shall be resorded in a book to be kept at the mine for the purpose and shall be signed by the manager or pit boss. Rule 31. The persons employed in a mine may from time toEmpioyeea time appoint one or two of their number to inspect the mine at W^'J^oint their own cost and the persons so appointed shall be allowed inspector once or oftener in every shift, day, week or month accom- panied if the owner, agent or manager of the mine thinks fit by himself or one or more officers of the uiine to go to every part of the mine and to inspect the shafts, level planes, working places, return air ways, ventilating apparatus, old workings and machinery and shall be afforded by the owner, agent and man- ager and all persons in the mine every facility for the purpose of such inspection and shall make a true report of the result of Said such inspection and such report shall be recorded in a book toio^r'eporr be kept at the mine for the purpose and shall be signed by the persons who made the same ; and if the report state the existence or apprehended existence of any danger the owner, agent or manager shall forthwith cause a true copy of the report to be sent to the commissioner. Rule 32. The books mentioned in this section or a copy inspection thereof shall be kept at the office of the mine and any inspector °'*'°°'^^ under this Ordinance and any person employed in the mine may at all reasonable times inspect and take copies of and extracts from any such books. Rule 33. Every cage used in any mine shall be stationary and cage, entering shall rest upon chains or catches before any person is allowed ""^ ^'^^^'"^ °' to enter upon or to leave to same. No person shall enter or leave a cage without the consent of the banksman or onsetter. Rule 34. No person unable to speak and read English shall jj^gjigh be appointed to or shall occupy any position of trust or respon- speaiting ., .,r^ , ,1 , , •! 11 per.sona only sibinty, namely : as banksman, onsetter, signalman, brakesman, to iiow pointsman, furnacenian, or engineer or be employed at the pog^^on^'*^ windlass of a sinking pit in or about a mine subject to this Ordinance whereby through his ignorance, carelessness or negligence he might endanger the life or limb of any person em- ployetl in or about a mine. Rule 35. Every person who contravenes or who does contravention not comply with any of the general rules of this section of^'pj^on;,^ shall be sruiltv of an offence againsf this Ordinance; and in witii general ° n '' , , • !• T -ii rules the event of any contravention oi or non-compliance Muth any of the said general rules in the case of any mine to which this Ordinance applies by any person whomsoever the owner, agent and manager shall each be guilty of an offence against this Ordinance unless he proves that he had taken all reasonable means by publishing and to the best of his power enforcing the said rules as regulations for the working of the mine to prevent such contravention or non-compliance. Rule 36. It shall be the duty of every miner employed in Miner to any mine to carefully examine the place where he is working ^f^™|.^f,^P''^<"^ on entering the same in the morning and on re-entering after 159 IS Cap. 16 COAL MINES CO All persons to report respecting defects or danger When props, timbers or cap pieces required firing a shot and when leaving it at night and he shall imme- diately report to the manager any defects or dangei's existing therein. Rule 37. It shall be the duty of every miiier or other per.son employed in any mine to immediately report to the manager or pit boss any defect or danger which he may know to exist in any part of the mine. Rule 38. Every miner in want of props or timbers and cap pieces shall notify the manager or pit boss of the fact at least one day in advance giving the length and number of props, timbers or cap pieces required, but in cases of emergency the timbers may be ordered immediately upon the discovery of any danger. (2) The place and manner of leaving the orders for timbers and cap pieces shall be designated in the general rules of the mine. No. 9 of 1898, s. 38. SPECIAL RULES. Application 40. There shall be established in every mine to which this specia/ruies Ordinance applies .such rules (referred to in this Ordinance as special rules) for the conduct or guidance of the persons acting in the management of such mine or employed in or about the same as under the particular state and circumstances of such mine may appear best calculated to prevent dangerous accidents and to provide for the safety and proper discipline of Such rules to the persons employed in or about the mine and such special commiSioner'^ rules shall be approved by the commissioner and shall be observed in and about every such mine. No. 9 of 1898, s. 39. OFFENCES AXD PENALTIES. Who may be guilty of offences 41. Every person employed in or about a mine other than the owner, agent or manager who is guilty of any act or omission which in the case of the owner, agent or manager would be an oifence against this Ordinance shall be deemed to be guilty of an ofi'ence against this Ordinance. No. 9 of 1898, s. 40. Penalties 43. Every person who is guilty of an offence against this Ordinance .shall on summary conviction thereof be liable to a penalty not exceeding if he is an owner, agent or manager one hundred dollars and if he is not an owner, agent or manager ten dollars for each offence ; and if the inspector has given written notice of any such offence then in case of an owner, agent or manager to a further penalty not exceeding one hundred dollars and not less than ten dollars for every day after such notice that such offence continues to be committed and in case of other persons to a further penalty not exceeding- five dollars for every day after such notice that such offence continues to be committed. No. 9 of 1898, s. 41. 43. When a per.son who is an owner, agent or manager of a mine or a person employed in or about a mine is guilty of an IGO 1898 COAL -MINES Cap. lU 111 offence against this Ordinance which in the opinion of the coui't that tries the case is one which was reasonably calculated to endanger the safety of the persons emploj^ed in or about the mine or to cause serious personal injury to any of such persons or to cause a dangerous accident, and was committed wilfully by the personal act, personal default or personal negligence of the person accused such person shall be liable Power to if the court is of opinion that a pecuniary penalty will not offenders meet the circumstances of the case to impi-isonment with or with'Ut hard labour for a period not exceeding three months. No. 9 of 1898, s. 42. INFORMATION FOR COMMISSIONER. 44. The owner, ag^ent or manager of every mine .'•hall at information . . to DG SUUTlliGo. any time when required by the commissioner send to the com- commisaioner missioner such information and facts relating to his mine as may be asked for. Ko. 9 of 1898, s. 44. REGULATIONS AND FORMS. 45. The Lieutenant Governor in Council may from time to ^°^"Qg°„. time make such additional regulations and prescribe such regulations forms as may be deemed necessary for the proper carrying into effect of the provisions of this Ordinance. No. 9 of 1898, R. 45. 11 1«1 20 Cap. 16 COAL MINES GO. o CO o ->) >; hi a O iz; o b CH a> O =« ^J -^ tw " 3 0. ^ --^ .3 ^^gs ^-S 1= S ^s •S/f'BM.IfB JO BajT? j'Buoiqoag •S^'BMatB JO q!J.§U3{ eS'BasAY C4H , ■g^nnim J3d ijaaj oiqno 3 O. 3 m ^'^I'^u-en^ 55 » cr ■s^if-IS i§ •C>98J UI -^ q-jdaoi JS « S ad dept upcasb t3 ■q90J UI aaq9ttit>i(j c3 'tS ^ s * ^^ -(J ■!j8n:f UI 11 qqd3(i O o >9J UI 'O .I9q9UlBI(]; ■aoi!jduDS9p ^'\]M. 'av.j JO gotjuju^ •U0I(f'B[I'}U9A 1 .;" 9p"w 1 m 1 ■^ a '^ 3 a ors ^ o 3 X =i t5 e c c '^ '^ !y3 4) m T3 ^JX ?^ OJ r-3 g S-S" ol >'S'^ 1 § ^ ° ^^ 1G2 CHAPTER 17. An Ordinance respecting the Inspection of Steam Boilers and the Examination of Engineers Operating the Same. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : SHORT TITLE. I. This Ordinance may be cited as " The Steam Boilers Or^i- short title nance." No. 10 of 1898, s. 1. INTERPEETATION. 5J. In this Ordinance unless the context otherwise requires — interpretation 1. The expression " boiler " does not include boilers used for "Boiler" heating water for domestic purposes or low pressure steam heating boilers unless the pressure exceeds fifteen pounds per square inch or railway locomotive or steam-boat boilers but means and includes all other steam boilers and every part thereof or thing connected therewith and all apparatus and things attached to or used in connection with any such boiler • 2. The expression "owner" means and includes any person; "Owner" firm or corporation, the owner or lessee of a boiler and the manager or other head officer in charge of the business of any such fii-m or corporation ; 3. The expression "engineer" means any person having "Engineer - charge of or operating a steam boiler under the provisions of this Ordinance ; 4. The expression "commissioner" means the Commissioner "Commis- of Public Works of the Territories ; ''°"^''" 5. The expression " inspector " means any inspector of steam "inspector" boilers appointed by the Lieutenant Governor in Council under the provisions of this Ordinance. No. 10 of 1898, s. 2. INSPECTION OF STEAM BOILERS. 3. The Lieutenant Governor in Council may appoint an in- Appointment spector or inspectors of steam boilers for the Territories for the ° '"^p®° °'^^ purpose of carrying out the provisions of this Ordinance and may fix the remuneration to be paid such inspector or in- spectors. No. 10 of 1898, s. 3. 4. No person holding the ofHce of inspector under the pro- inapectors to visions of this Ordinance shall be either directly or indirectly ^^^^^^"jjjj interested in the sale of boilers or steam machinery. No. 10 of sale of boilers 1 ono A or steam loys. S. '*. machinery 11^ 163 2 Cap. 17 STEAM BOILERS C. 0. Oath of office 5. Everv inspector appointed under the provisions of this to be taken r\ }■ " u ii i. c . • j.i c e Ui alliance shall beroie (^ntenng upon the perrormance or his duties takt^ and subseriVie an oath that he will faithfully and impartially perform the duties of his office. No. 10 of 18y«, s. 5. Duties of 6. The inspectors appointed ur.der this Ordinance shall — inspectors («) Inspect all new steam boilers within their respective districts bef(jre the same are used ; (IS) Once at L'ast in each year subj ct all boilers within their dis: rict to hydrostatic pressure test ; (c) Sati.sfy themselves by a thorousjh examination inside and out and by a hammi-r te^t after the hydrostatic pressure that thft boilers are well made and of good and suitable material ; (cZ) See that the openings for the passage of water and steam respectively and all pipes and tubes exposed to heat are of pnper dimensions and free from olistruction ; (e) See that the flues are circular in form ; (/) Satisfy themselves that the friction (fire line) of the furnace is at least two inches below the prescribed minimum water line of the boiler ; {g) See that the arrangements for delivering the feed water are such that the boilers cannot be injured thereby ; (k) Satisfy themselves that such boilers and their steam connections may be safely employed without peril to life ; (i) See that the safety valves are of suitable dimensions suflacient in number and properly arranged ; {j) See that the safety valve, weights or springs are pro- perly adjusted so as to allow no greater pressure in the boilers than the amount prescribed by the inspection certificate : (/c) See that the lioiler is provided with a sufficient number of gnage cocks and a properly inserted fusible plug so placed as to fuse by the heat of the furnace whenever the water in the boiler falls below its prescribed limits ; (/) Satisfy themselves that adequate and certain provision has been made for an nmpli; suppl}^ of water to feed the boiler at all times so that in hiyh pressure boilers the water shall not be less than fuur inches above ciown of fluo sheet in upright boilers ; (m) Satisfy themselves that means for blowing out are provided so that mud, sediment or scale may Vie i-emnved while the boiler is under steam. No. 10 of ] 89S, s. 6. 164 1898 STEAM BOILERS Cap. 17 3 1. The provisions of this Ordinance respecting the inspection Certain boilers of boilers shall not apply to any boiler insured and inspected frOTnoperation by any duly incorporateil boiler insurance company doing I'usi- or^^^^^gg ness in Canada if tlie owner or owners of such boiler shall when recjuired by an inspector appointed under the piovisions of this Ordinance produce the certificate of inspection from. such company. No. 10 of 1898, s. 7. 8. For the purpose of seeing that the provisions of this inspectors " ' " " " - - may enter premises 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. (2) Any person interfering with or obstructing any inspec'or in the performance of his duties under this Ordinance shall be guilty of an offence and liable on sumuiai-y conviction to a penalty not exceeding $50. .No. 10 of lb98, s. 8. 9. Every owmer of a boiler shall cause it to be inspected at Boilers to be least once in each and every year by an inspector appointed ^^®P^°jfy under the provisions of this Ordinance and shall pay to such inspector a fee of $5 for such inspection such fee to be for- warded by the inspector to the commissioner to be credited to the general revenue fund of the Territories. (2) Upon the completion of any inspection the inspector certificate shall i.ssue to such owner a certificate of such inspection in ''° ^^^^® accordance with form A in the schedule hereto. (3) Such certificate shnll be produced at any time bj' the proi^uotion owner upon the demand of an inspector appointed under the ti"=reof provisions of this Oi'dinance. (4) Any one who employs a person to operate a steam boiler who has not a certificate or permit under this (.Ordinance shall be guilty of an infraction of this Ordinance. No. 1 of. J k98, s. 9. 10. In subjecting to hj'drostatic tests boilers usually de- Hydrostatic signated as high pressure inspectors shall assume one liuniired*^^^'^ and twenty-five pounds to the square inch as the maximum pressure allowable as a working pressure for new boilers of forty-two inches diameter, made in the best manner of plates one-fourth of an inch thick of good materials. No. 10 of 1898, s. 10. 1 1. Inspectors shall rate the working pressure of all boilers -working according to their strength as compared with the standard PJ^^^g^^ provided in the pi-eceding section but the working pressure allowed in the operation ot any boiler shall not exceed three- fourths of the hydrostrttic test pressure to which such boiler has been subjected at the time of the inspection. No. 10 of 1898, s. 11. 18. In addition to the annual in.specti(m of all boilers re- Q^,jjgj.jo quired by this Ordin mce it shall be the duty of each i"-'*P'-'Ctor^pa^r^^oner^ to examine and inspect at any time any boilers which may be 165 Cap. 17 STEAM BOILERS CO. reported to him to be in an unsafe condition and to notify in writing the owner or person using such boiler to make such re- pairs as he may deem necessary in order to render such boiler serviceable and safe for use. No. 10 of 1898, s. 12. Unsafe boiler not to be used Penalty 1 3. Any boiler declared to be unsafe by an inspector shall not be used until such repairs as are ordered by the inspector have been made and any person operating a boiler declared to be unsafe by an inspector before the repairs ordered by the in.spector are completed shall be guilty of an offence and upon summary conviction thereof liable to a penalty of $50. No. 10 of 1898, s. 13. Provision of fusible plug Steam gauge Inspector to have free access for inspection . Every inspector shall render annually on or before the thirty-first day of January in each year a concise report to the commissioner of all inspections made by him during the preceding year and of all accidents and casualties that may have happened connected with the operation of steam boilers within his district. No. 10 of 1898, s. 19. Operating boilers ENGINEERS, 20. Any person not holding a final or provisional certificate of qualification as an engineer under this Ordinance who at any 166 1898 STEAM BOILESS Cap. 17 5 time after six months after the 1 9th day of September 1 898 without operates any steam boiler or is in charge of any steam '^"'^''^'^'^^ boiler while in operation whether as owner or as engineer shall be liable on summary conviction to a penalty of not less than Penalty $5 and not more than $50. No. 10 of 1898, s. 20. Hi. The holder of a certificate of qualification as an engineer Certificates from any incorporated body authorised to grant such certificates whoToW^ of qualification for operating steam boilers and engines or f rom ^^^j^j^^^fj^^"* the Dominion or any Pi-ovincial government or from any com- petent authority in any other portion of the British Empire or the United States shall be entitled upon making application to the commissioner and upon payment of a fee of $3 to oV>tain a certificate of qualification as an engineer and to be registered under the provisions of this Ordinance. (2) Any person who on the 19th day of September 1898ProTiaionai had been during two years engaged in the operation of any steam boiler or boilers, upon producing a certificate of his uniform good conduct and sobriety from the owner or owners by whom he had been employed (if he be not himself the owner) and also from some responsible person not connected with the business of such owner or owners and a resident in the district in which such boiler or boilers have been so operated, shall be entitled upon making application to the commissioner within six months after the said date and up^n payment of $B to receive a piovi>ional certificate of qualifica- tion for any period not exceeding one year. (3) The holder of a provisional certificate of qunlification Final may at an 3' time after the issue of such ceriificate upon thehoiderTof*" recommendation of an inspector be granters of administration and it shall then be the duty of the said public administrator to make such application provided the person making such requisition shall make such deposit with the public administra- tor as a judge may deem sufficient to cover his costs, chargps and expenses if the public administrator so desire. No. 6 of 1897, s. 80. emoluments Yearly * *^' During the inonth of January in each year the public !^-?™,?"!;P* administrator shall furnish to the Lieutenant Govi rnor in Council a statement in detail verified on oath of the emoluments of his office for the preceding year ending the 31st day of Decemb. r. No. 6 of 1897, s. 31. PEACTICE AND PROCEDURE. Practice and 30. The practice and procedure in the Supreme Court of the proee ure Territories shall be regulated by this Ordinance and the rules of Cuurt ; but the judges of th« Supreme Court or a mnjority of them shall have power to frame and promulgate such additional rules of Court not inconsi.stnnt with this Ordi- nance as they timv from time t ) time derm necessary or expedient. No. (J of 1897, s. 1 (9). Rules of court 31. Subject to the provisions of this Ordinance and the rules of Court the practice and procedure existing in the Supreme Court of Judirature in England on the first day of January, 1.S98, shall as nearly as pos.sible be followed in all causes, nin.t- Ters and proceedings. No. G of 1897, s. 1 (9) ; No. 12 of 1898, s. 31. Existing rules 33. The I'ules of Court already made and promulsxated con mue ^^ ^j^^ judges of the Supreme Court are hereby continued in force until repealed, altered or amended by them. No. 6 of 1897, s. 19. 194 1898 JUDICATURE Cap. 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. OEDER I. FOBM AND COMMENCEMENT OF ACTION. 1. Every action except as otherwise provided shall be com- commence, menced by writ of summons in form A in the schedule hereto SIToUon which writ shall be issued by the clerk upon receiving from the plaintiff or his advocate a praecipe therefor in which shall Praecipe be set forth (a) The names of the parties to the action ; and (h) Their places of residence temporary or otherwise ; and (c) The residence of the plaintiff's advocate if such writ bo issued by an advocate. No. 6 of 1893, s. 19. 2. At the time of the issue of the writ the plaintiff or his ad -statement voeate 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 attach- ed to each copy of such writ required for service. No. 6 of 1893, s. 20. ORDER II. WRIT OF SUMMONS. I. — Oenerally. 3. Every writ of summons and also (unless otherwise pro- Writ8 to be vided) every other writ shall bear the date of the day on which ^^^ the same is issued. {3) When the defendant resides in the judicial district Time for whence the writ of summons issued the writ .shall be return- able after the expiration of twenty days from the service upon the defendant. l^ 195 .10 Cap. 21 JUDICATURE CO. May be slijrtened (5) When the defendant reside.^ in a judicial district other than that in which the writ issueil the writ shall be returnable after the expiration of twenty-five day.s fi-om the service thereof : Piovided that the judge mHV by order shorten the time for the rrturn of such writ. No. 6 of 1893, s. 21 ; No. 6 of 1897, s. 1 (7, 8). II. — Concurrent Writ. Defendaiita residing in different judicial districts Proviao 4. When in any action there are two or more defendants, oneor more re.siding in the judicial district whence the wi'it issues and the other or other.s residing in another judicinl district, a con- current writ may issue for service on the defendant or defend- ants i-esiding in such other judicial district and such concurrent writ shall be i\'turnable after the expiration of twenty-five days from the service thereof: Provided that the judge may by order shorten tlie time for the return of such writ or may order that .service of the original writ up(;n all the defendants shall in such case be suflBcient. No. 6 of 1893, s. 21 (3) ; No. 6 of 1897, s. 1 (S). ■Writ -5. The plaintiff in any action may at the time of or at any oriSna™"'' '° ^™^ within twelve months after the issuing of the original writ of summons issue one or more concurrent writ or writs each concuirentwrit toshowdate c/f the original writ and be marked witli the word ■' concurrent " in the margin and the date of issu- ing tlie concurrent writ : Provided always that such concurrent writ or writs shall only be in forci' for the period during which the original writ in such action shall be in force. (^) When after writ is i.ssued it is made to appear that the defendant or one of several defendants is without the Terri- tories on application as is hereafter provided for service out of the jurisdiction the judge may order a concurrent -writ to issue. No,'« of 1893, ss. 21 (4), 23. Concurrent writ for service ex juris Duration of writ Application for renewal III. — Renewal. 6. No original writ of .summons shall be in force for more than twelve months from the date thereof including the dav of such date; but if any defendant therein named shall not have been sei'ved therewith the [.laintitf may before the expiration of the twelve months apply to the judge for leave to renew the writ and the judLieif satisfied that reasonable efforts have been made to sei've such defenilnnt or for other good reMSon may order that the originMl or concurrent writ of summfms (or both) be renewed for six montlis from the date of such renewal inclu- sive and so fi-om time to time during the currency of the renewed writ; and the wiit shall in such case be renewed by being marked with the day, m.mth and year of such renewal and shall be so marked by theclei-k upon the plaintiff or his advo- cate tiling' tlie judge's order find presenting t^. him the said writ; and a writ of .sunimons so renewed shall remain in force and be available to prevent the operation of any statute whereby the 19G 1898 JUDICATURE Cap. 21 11 time for the commencement of the action may be limited and for all other purposes from the date of the issuinj^ of the orig- inal writ of Hummons. [E. 45.] No 6 of 1893, s. 24. 7. The production of a writ of summons purporting to have Evidence of been renewed in manner aforesaid shall I .e .sufficient evidence ^^!i?;!^^i,?'"'^ of the writ havin,' been so renewed and of the couimeiicement^if'nt of action of the action as of the first date of such renevi'ed writ for all purposes. [E. 46.] No. 6 of 1S93, s. 25. IV.— Zos^ Writ 8. Where a writ of which the production is necessary has copy may been lost the judge upon bi ing satisfied of the loss and of the '^'^ ^''^^'^'^ correctness of a copy thereof may order thut such copy shall he ' sealed and used in lieu of the original writ. [E. 47.] No. 6 of 1893, s. 26, V. — Indorsement by Advocate. 9. The advocate of a plaintiflf suing by an advocate shall in- indorsement dorse on the writ the address of the plaintiff and also his ownaS-^ate'' name or firm and place of business and also, if his place of busi- ness shall be more than three miles from the clerk's office whence the writ issues, another proper place within such thi-ee miles to be called his " address for service," where statements of defence, notices, sunmionses, orders and other documents, pi-o- ceedings and written communications in the suit may be left for him; and when a plaiutitf sues in person he shall indorse piamtifr suing on the writ his occupation and place of residtmce and if his™^''''™" residence be moi'e than three mile.s from the clerk's office as aforesaid another pi-oper 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. In case of the omission to supply an address for service as Address for aforesaid all papers requiring service may be ported in tlie^®^""® clerk's office and in such case be deemed good service. [E. 19 Omission to and 20.] No. 6 of 1893, s. 22. """^^ 10. Every advocate whose name is signed to or indorsed on Disclosure any writ of summons shall on demand in writing made by OJ-T^osename on behalf of any defendant who has been served therewith or '^ i— o'^ed has appeared thei'eto declare forthwith whether such writ has been issued by him or with his authority or privity and on de- claration by such advocate that the writ was not issued by him or with his authority or privity all proceedings upon the same shall be stayed and no further proceeiiings shall be taken thereupon without leave of the judge. No 6 of 1893, s. 27. VI. — Change of Ad.vocate. 11. A party suing or defending by an advocate may change Notice of his advocate in any cause or matter without an order for that^^^.^f^j°* purpose upon notice of such change being filed in the clei'k's 197 12 Cap. 21 JUDICATURE CO. office in which the cause or matter is proceeding ; but until such notice is filed and a copy thereof served the former advo- cate shall be considered the advocate of the party until the final conclusion of the cause or matter. [E. 44.] No. 6 of 1893,8.28. Employment of advocate after proceeding in person 12. Where a party after having sued or appeared in person has given notice in v^riting to the opposite party or his advo- cate through an advocate that such advocate is authorised to act in the cause or matter on his behalf all writs, notices, pleadings, summonses, orders, warrants and olher documents, proceedings and written communications which ought to be de- livered to or served upon the party on whose behalf the notice is given shall thereafter be delivered to or served upon such advocate. No. 6 of 1893, s. 29. ORDER III. SERVICE OF WRIT OF SUMMONS. Serrice by whom Fees 1. — Generally. 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. No. 6 of 1893, s. 30. Manner of serrioe Personal On representative of absent defendant Corporation Pai-tnerships 14. Service of writ of summons shall be effected by copy as follows : 1. By personal service anj'^where 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 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 snit of such corporation be deemed the agent thereof ; 4-. Where persons are sued as partners in the name of their firm the writ shall be served either upon any one or more of the partners or at the principal place within the Territories of 19S 1898 JUDICATURE Cap. 21 1;^ the business of the partnership upon any person having at the time of service the control or management of tlio piirtiiership business there and such service shall be deemed good service upon the firm ; [E. 5;J.] 5. Where one person carrying on business in thu name of a Defendant firm apparently consisting of more than one person shfill he buSneaf under sued in the firm name the writ may l)e seiveil at the principal "■^"'i'^^™'^ 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; [E. 54.] 6. Service of a writ of summons in an action to recover Recovery possession of land may, in case of vacant possession, when it *^* ^'^"'^ cannot be otherwise etlected, by leave of the judge be made by "Vacant posting a copy of the writ and statement of claim upon the door of the dwelling house or other conspicuous part of the premises ; [E. 56.] 7. When husband and wife are both defendants to the action Husband they shall both be served unless the judge shall otherwise ^""^ ^''® order ; 8. When an infant is a defendant to the action service on infant his father or guardian or if none then upon the person with ® ®° *° whom the infant resides or under whose care lie 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 oider. No. 6 of 1893, s. 31. II. — Substitutional Service. 15. In any case if it be made to appear to a judge that the Substitutional plaintiff" is from any cause unable to effect prompt personal ser- ^®''"*'® vice the judge m&y make such order for substituted or other service by advertisement or otherwise as may be just. No. 6 of 1893, s, 31, (4). 16. In any case if it be made to appear to a judge that the Original writ original writ has been served upon the defendant instead oroopy^"^ ^ of a copy he may order that such service be good service and may in such order dispense with the production of such original. No. 6 of 1893, s. 31, (1 1 ). III. — Indorsement of Service Unnecessary. 17. It shall not be necessary for the person serving a writ of indorsement of eorvioe unnecessary summons to indorse on the writ th'.'day of the week and month "*'''''"°® of sucli service but the writ and statement of claiui shall each 199 Cap. 21 JUDICATUKE C. 0. be marked as an exhibit to the affidavit of service by the per- son administering the oath. No. 6 of 1897, s. 1 (10). ORDER IV. SERVICE OUT OF THE JURISDICTION. Service out of 18. Service of a writ of summons on a defendant out of the whenaUowed Territories may be allowed by a judge whenever — 1. The whole subject matter of the action is land situate within the judicial district in which the action is to be brought (with or without rents or profits); or 2. Any act, deed, will, contract, obligation or liability affect- ing land or hereditaments situate within the judicial district 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 e.state of any deceased person who at the time of his death whs domiciled within the judicial district or for the execution (as to property the whole or some part of which is within such district) of the trusts of any written instrument of which the person to be served is a trustee which ought to be executed according to the laws of the Territories ; or 5. The action is for the recovery of any debt contracted within the jurisdiction or is founded on any breach or alleged breach within the jurisdiction of any contract wherever made which according to the terms thereof ought to be perforiaed within such jurisdiction or is founded on a tort committed within the jurisdiction ; or {6) An injunction is sought as to anything to be done 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 pro- per 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 Territorie.s. No 6 of 1893, s. 32 ; No. 21 of 1896, s. 1. Application 19. Every application for leave to serve such writ of sum- forieave 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 200 1898 JUDICATURE Hap. 21 15 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. No. 6 of 1893, s. 33. 20. Any order giving leave to effect such service shall limit Time for a time after such service within which such defendant is ^q ^''^"^'^^""^ enter an appearance such time to depend on the place or coun- try where or within which the writ is to be served. [E. 68.] No. 6 of 1893, .s. 34. 21. In any such case if it be made to appear to a judge that Substitutional service as ordered out of the jurisdiction cannot be made and^ '^""^ that reasonable efforts (showing them) have been made to effect such service the judge may make an order for substitutional service by advertisement or otherwise as may seem proper. No. 6 of 1893, s. 34, (1). 22. In any case if it be made to appear to the judge that the Substitutional whereabouts of the defendant is unknown after all reasonable detenciaut's efforts have been exhausted to ascertain them the judge may uilknown"^'^ in any action affecting land in the Territories or in any other case in which he deems it proper dispense with any order for service out of the jurisdiction and make such order for service of the writ by advertisement or otherwise as he may deem pro- per subject to such terms and conditions as may be necessary to protect the defendant from injustice; but judgment shall not judgment be entered on default of appearance in any such case until the '''' '^'^'^"^' judge is .satisfied by such pi oof as he may require of the justice Proof of claim of the claim. No. 6 of 1897, s. 1, (11). ORDER V. SERVICE OF OTHER PROCEEDINGS. 23. Where personal service of any notice, pleading, order. Service of summons, warrrant or other document, proceeding or written pfeadings, etc. communication is required the service shall be effected as nearly as may be in the manner prescribed for the personal service of a writ of summons. No. 6 of 1893, s. 35. 24. Where personal service of any notice, pleading, summons, Substitutional order, warrant or other document, proceeding or written no'tices,°ete. communication is required and it is made to appear to the Court or a judge that prompt personal service cannot be effected the Court or the judge may make such order for substituted or other service or for the substitution for service of notice by letter, public advertisement or otherwise as may be just. No. 6 of 1893, s. 36. 25. Admissions and acceptances of service of papers and Admissions documents purporting to be signed by or on behalf of an advo-on advocates cate need not be verified by affidavit but shall be accepted as •priTTia facie proof. No. 6 of 1897, s. 1, (12). 201 16 Cap. 21 JUDICATURE ORDER VI. CO. PARTIES. I. — Generally. Plaintiffs ^^- ^^^ pei'sons in whom the right to any relief claimed is claiming alleged to exist may be joined as plaintiffs whether jointly, severally or in severally or in the alternative; and judgment may be given the alternative £.Q^ such one Or more of the plaintiffs as may be found to be entitled to relief for such relief as he or they may be entitled to without any amendment but the defendant though unsuc- cessful shall be entitled to his costs occasioned by so joining any person who shall not be found entitled to relief unless the judge in disposing of the costs shall otherwise direct. [E. 123 ] JSo. 6 of 1893, s. 37. Wroni namet plaintiff person 27. Where an action has been commenced in the name of the wrong person as plaintiff or where it is doubtful whether it has been commenced in the name of the right plaintiff the judge may if satisfied that it has been so commenced through a hunrifide mistake and that it is necessary for the determina- tion of the real matter in dispute so to do order any other person to be substituted or added as plaintiff upon such terms as may be just. [E. 121] No. 6 of 1893, s. 38. Misjoinder of pla 28. Where in any action any person has been improperly or : plaintiff unnecessarily joined as a coplaintiff and a defendant has set Counterclaim up a counter-claim or set off he may obtain the benefit thereof by establishing his set off or counter claim as against the parties other than the coplaintiff so joined notwithstanding the misjoinder of such plaintiff or any proceeding consequent thereon. [E. 125.] No. 6 of 1897, s. 1 (13). Joinder of defendants Defendant need not be interested in ill relief claimed 29. All persons may be joined as defendants against whom the right to any relief is alleged to exist whether jointly, severally or in the alternative ; and judgment may be given against such one or more of the defendants as maj' be found to be liable according to their respective liabilities without any amendment. [E. 126.] No. 6 of 1893, s. 39. 30. It shall not be necessary for every defendant to be in- terested as to all the relief prayed for or as to every cause of action included iu any proceedings against him ; but the judge may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he mav have no interest. [E. 127.] No. 6 of 1893, s. 40. Joinder of persons severally liable 31. The plaintiff may at his option join as parties to the same action all or any of the persons severally or jointly and severally liable on any one contract including parties to bills of exchange and promissory notes. [E. 128.] No. 6 of 1893, s. 41. 202 1898 TtrDiCATURE' Cap. 21 17 32. Where the plaintiff is in doubt as to the person from Plaintiff in whom he is entitled to redress he may by leave of the judge peraon^iiaWe .on ex parte application join two or more defendants to the intent that the question as to which if any of the defendant.^ is liable and to what extent may be determined as between all parties. [E. 129.] No. 6 of 1893, s. 42 ; No. 6 of 1897, s. 1 (14). 33. Trustees, executors and administrators may sue and be Trustees etc., sued on behalf of or as representing the property or estate of be^J^I^^^^"*^^ which they are trustees or representatives without joining any representa- of the persons beneficially interested in the trust or estate and shall be considered as representing such persons ; but the judge may at any stage of the proceedings oi'der any such persons to be made parties either in addition to or in lieu of the previously existing parties. {2) If the plaintiff sues or the defendant is sued in a repre- sentative capacity the statement of claim shall show in what capacity the plaintiff or defendant sues or is sued as the case may be. [E. 130.] No. 6 of 1893, (43, 45). 34. Where there are numerous persons having the same suit or defence interest in one cause or matter one or more of such persons may f^ ciass^"^^"" sue or be sued or may be authorised by the judge to defend in such cau.se or matter on behalf or for the benefit of all persons so interested. [E. 131.] No. 6 of 1893, s. 44. er or 35. No cause or matter shall be defeated by reason ofMisjoind the misjoinder or nonjoinder of parties and the judge may °°"'i°'2^|^^^_ in every cause or matter deal with the matter in controversy so cause far as regards the rights and interests of the parties actually ^ before him. The judge may at any stage of the proceedings or add'ilg'^'^ either upon or without the application of eitVier party and onP^'^'i''^ such terms as may appear just order that the names of any parties improperly joined whether as plaintiff's or defend- ants be struck out and that the names of any parties whether plaintiffs or defendants who ought to have been joined or whose presence in the cause may be necessary in order to enable the judge to effectually and completely adjudicate upon and settle all the questions involved in the cause or matter be added. Every party whose name is so added as a defendant shall be served with a summons or notice in such manner as the judge may order and the proceedings as against such party shall be deemed to have begun only on the service of such summons or notice. [E. 133.] No. 6 of 1893, s. 46. 36. Any application to add or to strike out or substitute Applications a plaintiff" or defendant may be made to the judge at any time''^''"^^''"''^ before trial supported by affidavit or at the trial of the action in a summary manner. [E. 134.] No. 6 of 1893, s. 47. II. — Partners. 37. Any two or more persons claiming or being liable as co- suits in partners and carrying on business within the jurisdiction may^''™"^™^ 203 18 Cap. 21 JUDICATURE C. 0. Disclosure of names of partners sue or be sued in the name o£ the respective firms if any of which such persons were copartners at the time of the accru- ing of the cause of action ; and any party to an action may in such case apply by summons to a jurlge for a statement of the names and addresses of the persons who were at the time of the accruing of the cause of action copartners in any such firm to be fuini.shed in such manner and verified on oath or otherwise as the judge may direct. (2) Any person carrying on business in the name of a firm ap- parently consisting of more than one person may be sued in the name of such firm. [E. 137, 648a.] No. 6 of 1893, ss. 48, 55. Plaintiff firm, demand for names of persons composing Default in furnishing Effect when furnished 38. When a wi'it is sued out by partners in the name of their firm the plaintiffs or their advocates shall on demand in writing by or on behalf of any defendant forthwith declare in writing the names and places of residence of all the persons constituting the firm on whose behalf the action is brought ; and if the plain- tiffs or their advocates shall fail to comply with such demand all proceedings in the action may upon an application for that pur- pose be stayed upon such terms as the Couit or a judge may direct; and when the names of the partners are so declared the action shall proceed in the same manner and the same conse- quences in all respects shall follow as if they had been named as the plaintiff's in the writ ; but all the proceedings shall neverthe- less continue in the name of the firm. [E. 6486.] No. 6 of 1893, s. 49. Service on partnerships Proviso when dissolved 39. Where persons are sued as partners in the name of their firm the writ shall be served either upon any one or more of the partners or at the principal place within the jurisdiction of the business of the partnership upon any person having at the time of service the control or management of the partnership business there ; and subject to these rules such service shall be deemed good service upon the firm so sued whether any of the members thereof are out of the jurisdiction or not and no leave to issue a writ against them shall be necessaiy : Provided that in the case of a copartnership which has been dissolved to the knowledge of the plaintiff before the com- mencement of the action the writ of summons shall be served upon every person within the jurisdiction sought to be made liable. [E" 648c.] No. 6 of 1893, s. 50. Xotice of capacity in which person served 40. When a writ is issued against a firm and is served as directed every person upon whom it is served shall be informed by notice in writing given at the time of such service whether he is served as a partner or as a person having control or man- agement of the partnership business or in both characters. In default of such notice the person served shall be deemed to be served as a partner [E. 648d) No. 6 of 1893, s. 51. Appearance by partners 41. Where persons are sued as partners in the name of their firm they shall appear individually in their own names ; but all subsequent proceedings shall nevertheless continue in the name of the firm. [E. 64Se.] No. 6 of 1893, s. 52. 204 1898 JUDICATURE Cap. 21 19 42. Where a writ is served upon a person having the control wnt or managfinent of the partnership business no appearance by representative liiiii shall be nec-ssary unless he is a member of the firm sued. ^^p'^'^™'^'''' [E. 648/.] No. 6 of 1893, s. 63. 43. Any person served as a partner may enter an appearance Appearance under protest denying that he is a partner; but such appear- Sfperso™*^^^* ance shall not preclude the plaintiff from otherwise serving thep^^ner^'^ firm and obtaining judgment against the firm in default of ap- pearance if no partner has entered an appearance in the ordin- ary form. [E. iilHg.] No. 6 of 1893, s. 54. III. — Administration and Execution of Ti'usts. 44. In any ca.se in which the right of an heir-at-law or the Determination next of kin or a class shall depend upon the construction which P*"k'^'°'. , , 1 /-~i ■ -1 , • , T ■ , 1 1 1 unascertained the Court or a judge may put upon an instrument and it shall hetrs at law, not be known or thall be difficult to ascertain who is or are such or class heir-at-law or next of kin or class and the Court or judge shall consider that in order to save expense or for some other reason it will be convenient to have the questions of construction determined before such h'ir at -law, next of kin or cla^s shall have been ascertained by means of inquiry or otherwise the Court or judge may appoint some one or more persons to represent such heir-at-law next of kin or class and the judg- mtnt of the Court or judge in the presence of such persons shall be binding upon the heir-at-law, next of kin or class so repre- sented. [E. 15 4. J No. 6 of 1897, s. 3. 45. Any residuary legatee or next of kin entitled to a judg- Adminis-, menfe or order for the administration of the personal estate of of residuary ^ a deceased person may have the same wichout serving then^t''of Wn remaining residuary legatees or next of kin. [E. 155,] No. 8 of 1897, s. 4. 46. Any legatee inteiested in a legacy charged upon land Persons and any person interested in the proceeds of land directed to proceeds be sold and who may be entitled to a judgment or order for°'^™'^ the administration of the estate of a deceased person may have the same without serving any other legatee or person interested in the proceeds of the estate. [E. 156.] No. 6 of 1897, s. 5. 47 Anv residuary devisee or heir entitled to the like judg- Residuary «/, '' ^ ,, ■i_ii_ • t^o devisees ment or order may have tlie same without serving any co- or heirs residuary devisee or co-heir. [E. 157.] No. 6 of 1897, s. 6. 48. Any one of several cestuis qui trustent under any deed Cestmsqui or instrument entitled to a judgment or order for the execution of the trusts of the deed or instrument may have the same without serving any other cestui qui trud. [E. 158.] No. 6 of 1897, s. 7. 49. In all cases of actions for the prevention of waste orProtectton otherwise for the protection of property one person may sue ° p'°p®'' ^ 205 20 Cap. 21 JUDICATURE CO. on behalf of himself and all persons having the same interest. [E. 159.] No. 6 of 1897, s. 8. Executor, 50. Any executor, administrator or trustee entitled thereto to^tee^'^'"^""^' may have a judgment or order against any one legatee, next of kin or cestui qui trust for the administration of the estate or the execution of the trusts. [E. 160.] No. 6 of 1897, s. 9. Conduct of proceedings Costs 51. The Court or a judge may require any person to be made a party to any action or proceeding and may give the conduct of the action or proceeding to such per.son as he may think fit and may make such order in any particular case as he may think just for placing the defendant on the record on the same footing in regard to costs as other parties having a common interest with him in the matters in question. [E. 161.] No. 6 of 1897, s. 10. Judgments or orders Service on persons not parties but interested 52. Wherever in any action for the administration of the es- tate of a deceased person or the execution of the trusts of any deed or instrument or for the partition or sale of any heredita- ments a judgment or an order has been pronounced or made affecting the rights or interests of persons not parties to the ac- tion the Court or judge may direct that any persons interested in the estate or under the trust or in the land shall be served with notice of the judgment or order ; and after such notice such persons shall be bound by the proceedings in the same manner as if they had originally been made parties and shall be at liberty to attend the proceedings under the judgment or ordei*. Any person so served may within one month after such service apply to the Court or judge to discharge, vaiy or add to the judgment or order. [E. 162.] No. 6 of 1897, s. 11 ; No. 12 of 1898, s. 40. Appearanceby 53. It shall not be necessary for any person served with notice of any judgment or order to obtain an order for liberty to attend the proceedings under such judgment or order but such person shall be at liberty to attend the proceedings upon entering an appearance in the clerk's office in the same manner and sul ject to the same provisions as a defendant entering an appearance [E. 163] No. 6 of 1897, s. 12. Entry to be made of service Indorsement on notice of judgment 54. A memorandum of the service upon any person of notice of the judgment or order in any action under the next but one preceding section shall be entered in the clerk's office upon due proof by affidavit of such service and notice of a judgment or order served pursuant to such rule shall be entitled in the action and there shall be indorsed thereon a memorandum in the following form : Take notice that from the time of the service of this notice you (or as the case may be, the infant or person of unsound mind) will be bound by the proceedings in the above cause in the same manner as if you (or the said infant or person of unsound mind) had been origin- ally made a party and that you (or the said infant or 206 1898 JUDICATUEE Cap, 21 21 person of unsound mind) may on entering an appearance at the clerk's office attend the proceedings under the witliin mentioned judgment (or order) and that you (or the said infant or person of unsound mind) may within one month after the service of this notice apply to the Court to discharge, vary or add to the judgment {or order.) [E. 164 and 165.] No 6 of 1897, s. 13 ; No. 12 of 1898, s. 41. 55. Notice of a judgment or order on an infant or person of service on unsound mind not so found by inquisition shall be served in Swuty'^'^^ the same manner as a writ of summons in an action. [E. 166.] No. 6 of 1897, s. 14. 56. In anj' cause or matter to execute the trusts of a will it Execution shall not be necessary to make the heir-at-law a party but theol^iij*-^ plaintiff sliall beat liberty to make the heir-at-law a party_ where he desires to havii the will established against him. [E. 167.] No. 6 of 1897, s. 15. 57. If in any cause, matter or other proceeding it shall appear where no to the Court or a judge that any deceased person who was in- J.e|j,e|'g®^j°J'?Jg terested in the matter in question has no legal personal repre- Court may sentative the Court or judge may proceed in the absence of any or appoint person representing the estate of the deceased yjerson or may ^''^p'''^^®"*^''"'^ appoint some person to represent his estate for all the purposes of the cause, matter or other proceeiling on such notice to such person (if anj-) as the Court or judge shall think fit cither specially or geiiei'ally hy public advertisement nnd 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 repiesontative of the deceased had been a party to the cause, matter or proceeding. [E. 168.] No. 6 of 1897, s. 16. 58. In any cause or matter for the administration of the Adminis- estate of a deceased perscm no party other than the executor or*™*'™- administrator shall unless by leave of the Court or a judge be entitled to appear either in court or in chamliers on the claim Appearance of any per.son not a party to the cause or matter against thefn?es1pecif'^^ estate of the deceased person in respect of any debt or liability, of^^^ditors' The Court or a judge may direct or give liberty 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 as to costs or othei'wise as they or he shall think fit. [E. 169.] No. 6 of 1897, s. 17. IV. — Constitutional Questions. 59. Whenever in any cause, matter or proceeding depending Questions in the Supreme Court any question is raised as to the validity fnyoiving or constitutionality of any Ordinance of the Territories or™«dity°f^ whenever it is sought to have any Ordinance of the Territories declared or held ultra vires the party so raising or intending to 207 22 Cap. 21 JUDICATURE CO. Notice to attorney general raise such question shall forthwith give notice to the attorney general for the Territories accompanied by a copy of the plead- ings or such other documents as may be necessary to clearly indicate the circumstances under which such question arises; and the attorney general or his agent shall be entitled to in- tervene and to be heard on the argument of such question ; and whenever it appears to the Court or judge that any such ques- tion arises in any cause, matter or proceeding the Court or judge shrtll not decide such question until the attorney general i.- so notiKed (or as the Court or judge may direct) and given an opportunity of being heard by the Court or judge by him- self or his agent. No. 6 of 1897, s. 18. Notice to tliird party Filing and service V. — Third Party Procedure. 60. Where a defendant claims to be entitled to contribution or indemnity over against any person not a party to the action he may by leave of the Court or a judge to be obtained exparte issue a notice (hereinafter called the third party notice) to that effect s^'amped with the seal with which writs of summons are sealed ; a copy of such notice shall be filed with the clerk and served on such person according to the rules relating to the service of writ of summons. The notice shall state the nature and gi'ounds of the claim and shall unless otherwise ordered by the Court or a judge be served within the time limited for de- livering bis defence and therewith shall be served a copy of the statement of claim and a copy of the writ of summons in the action. [E. 170.] No. 6 of 1893, s. 57 ; No. 6 of 1897, s. 1 (16). Appearance of third party Admission by nonappear- ance Leave to appear after default 61. If a person not a party to the action who is served as mentioned in the preceding rule (hereinafter called the third party) de.sires to dispute the plaintiff's claim in the action as against the defendant on whose behalf the notice has been given or his own liability to the defendant the third party must enter an appearance in the action within ten days from the service of the notice. In default of his so doing he shall be deemed to admit the validity of the judgment obtained against such defendant whether obtained by consent or otherwise and his own liability to contribute or indemnify as the ca.se may be to the extent claimed in the third party notice : Provided always that a person so served and failing to ap- pear within the said period of ten daj-s may apply to the Court or a judge for leave to appear and such leave may be given upon such terms if any as the Court or judge shall think fit. [E. 171.] No. 6 of 1893, s. 58. Defendant suffering judgment by default 62. Where a third party makes default in entering an ap- pearance in the action in case the defendant giving the notice suffer judgment by default he .shall be entitled at any time after satisfaction of the judgment against himself or before such satisfaction by leave of the Court or a judge to enter thSd*par^y"^'^J"'^o™^"* against the third party to the extent of the contribu- tion or indemnity claimed in the third party notice ; 208 1898 JUDICATURE Cap. 21 23 Provided that it ?ha]l be lawful for the Court or a judge to set aside or vary such judgment upon such terms as may seem just. [E. 172.] No. 6 of 1893, s. 59. 63. Where a third party makes default in entering an ap-Piaintur pparance in the action in case the action is tried and results in judgmli'nf for favour of the plaintiff the judge who tries the action may at or f 1^1°^^^"*^ after the trial order the entry of .such judgment as the nature n™appearing of the case may require for the defendant giving the notice " ^^^ ^ against the third party : Provided that execution thei'eof be not issued without leave Proviso as of the judge until after satisfaction by .such defendant of the execution verdict or judgment against him ; and if the action is finally decided in the plaintiff's favour otherwise than by trial the Court or a judge may on application by motion or summons as the case may be order such judgment as the nature of the case may require to be entered for the defendant giving the notice against the thii-d party at any time after satisfaction by the defendant 'if the amount recovered by the plaintiff against him. [E. 173.] No. 6 of 1893, s. 60. 64. If a third party appears pursuant to the third party Thirii party notice the defendant giving the notice or such third party may ^''^^'^""^ apply to the Court or a judge for directions and the Court or ^ ^^.g^y^j^ judge upon the hearing of such application may if satisfied that for directions there is a question proper ty thereof in the clerk's office; and where the address mentioned in the next pi'eceding rule be not given all such orders, notices, papers and documents may be served in like manner ; bnt if an address is supplied and such address be illusory or fictitious the judge may on application of the plain- tiff direct the manner in which such orders, notices, papers and documents may be served. No. 5 of 1894, s. 3. Recovery of land 83. Any person not nanved as a defendant in a writ of sum- mons in an action for the recovery of the possession of land 212 1898 JUDICATURE Cap. 21 27 may by leave of the judge appear and defend on filing an Appearance affidavit showing that he is in possession of the land either by defendant"" himself or by his tenant. [E. 9o.] No. b of 1893, s. 75. 84 Any person appearing to defend an action for the recov- Landlord ery of the possession of land as landlord in respect of property aa^uch*'^ whereof he is in possession only by his tenant shall state in his appearance that he appears as landlord. [E. 96.] No. 6 of 1893, «. 76. 85. Where a person not named as defendant in any writ of Party summons for the recovery of the possession of land has obtain- feaTe'to^ ed leave of the judge to appear and defend he shall comply '^"'^"'^ with the provisions of this order in respect of defendants ap- sibsequent pearing and defending and in all .subseciuent pi'oceedings be '°^^ named as a party defendant. [E. 97.] No. 6 of 1893, s. 77. 86. An}" person appearing to a writ of summons for the reco- Defence may very of the possession of land shall be at liberty to limit hibtopart'of defence to a part only of the property meniioned in the vvritP™?^'"'^ describing that part with reasonabh^ certainty in his appear- ance and an appearance where the dc fence is not liniiteil as above mentioned shall be deemed an appearance to defend for the whole. [E. 98.] No 6 ')f lb93, s. 78. ■ 87. A defendant before appearing shall be at liberty to Application apply to a judge to set aside the service of the writ upon hiLi),^^.^'^,^^''^® to dis.:harge or set aside the order authorising such service or service to set aside the wi-it on the ground of irregularity or other- wise. No. 6 of 1897, s. 1 (21). OEDER IX. DEFAULT OF APPEAEAXCE. 88. Where no appearance has been entered to a wiit of Default of summons for a defendant who is an infant or a person oif^^^^i^^"^^^ uns 'Uud mind not so found by inquisition the plaintiff shall pers^^of^,^^ befoi'e further proceeding with the acticjn against the de- fendant apply to the Court or a ju Ige for an order that Nome proper person be assigned guardian of such defendant by whom he may appear and defend the ai-tion ; but no such order shall he made unless it appears on the hearing of such application that the writ of summons was duly served and that notice of such application was nfter 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 bouse of the person with .whom or under whose care such defendant was at the time of serving such writ of summons and also (in the case of such defendant being an infant not residing with or under the care of his father or guardian) served upon or left at the dwelling 213 •28 Cap. 21 .TirDICATURE CO. house of the lather or guardian if any of such infant unless the Court or judge at the time of hearing such application shall dispense with such last mentioned service. [E. 101.] No. 12 of 1898, s. 6. Writ and affidavit of service to be filed 89. When any defendant fails to appear to a writ of sum- mons and the plaintiff is desirous of proceeding upon default 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. [E. 102.] No. 6 of 1 893, s. 80 ; No. 5 of 1894, s. 4. Claim liquidated 90. Where the plaintiff's claim is for a debt or 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 sum not exceeding the sum claimed in the action together with legal interest and costs of suit, [E. 103.] No. 6 of 1893, s. 81. Liquidated demand Several defendants 91. Where the plaintiff's claim is for a liquidated demand and there are several defendants of whom one or more appear and another or others of them fails to appear the plaintiff may 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. [E. 104.] No. 12 of 1898, s. 7. Claim, detinue and damages Nonappear- ance 92. Where the plaintifi"s claim is for detention of goods and pecuniary damages or either of them and the defendant fails or all the defendants if more than one fail to appear on appli- cation of the plaintiff the judge may assess the value or amount 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. [E. 105.] No. 6 of 1893, s. 82. striking out appearing defendants 93. Where in an action for detention of goods and pecuniary damages or either of them there is more than one defendant and one or more of such defendants have appeared while one or other of the defendants have not the judge on application of the plaintiff may order the striking out of any one or more of the defendants who 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. No. 12 of 1898, s. 5. Interlocutory .judgment against nonappearing defendants 94. Where the plaintift"s claim is for detention of goods and pecuniary damages or either of them and there are several defendants of whom one or more appear to the writ and another or others of them fail to appear the plaintiff" may sign interlocutory judgment against the defendant or defendants so 214 1898 JUDICATURE Cap. 21 20 failing to appear and on application of the plaintiff the value of the gocds and the dHuiHges or either of them as the case may be shall be astsessed as against the defendant or defend- ant> 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. [E, lOH] No. 12 of 1»98, s. 8. 95. When the plaintiff's claim is for detention of goods and Claim, pecuniary damages or either of them and also for a liquidated 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. [E. 107.] No. 6 of ls93, s. 90. 96. In case no appearance shall be entered in an action for ciaim the recovery of land within the time limited for appearance or^^i^nd"^^ it' 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 rec(ri'er possession of the land or of the part thereof to which the defence does not apply with or without costs as the judge may order. [E. 108.J No. 6 of 1893, s. 91. 97. When the plaintiff's statement of claim is for mesne pro- claim, mesne fits, arrears of rent or damages for breach of contract and al.^^o or images' for the recovery of land he may enter judgment as in the3-"^^^^o°^®T last preceding rule mentioned for the land and may proceed as in the other preceding rules mentioned as to such other claim. [E. 109.] No. 6 of 1893, s. 92. 98. Where the action is in respect of a mortgage, lien or claim: charge and the plaintiff claims foreclosure or sale or redemp-gail,'''"^"''^' tion or where the action is for the administration of an estate ^^'^Wtjo^.P^j^ 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. No. 6 of 1893, s. 94 99. In any other action upon default of appearance by one Judgment in or more defenda.nts 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 criven viva voce or by affidavit) in the discretion of the judge. No. 6 of 1897, s. 1 (22). 100. Any judgment entered upon default of appearance or in setting aside delivering any pleading or in compliance with any order may ^y'^f gauft be set aside or varied by the Court or judge upon such terms as may be just. No. 6 of 1893, s. 95. 101. Where in an action there are several defendants o^ F?®n|aX®'^*^ whom one or more have been served and another or others of 215 30 Cap. 21 JUDICATURE GO. some not served 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 he considered just. No. 6 of 1893, s. 84. Setting aside 102. Any Order made by the judge under any of the rules of orders^or^ this order and any judgment entered pursuant to such order judgments maj' be set aside or varied by the judge or the Court upon such terms as may be just. [E. I'lO.] No. 6 of 1893, s. 93. ORDER X. STBIKING OUT APPEARANCE. Application by plaintiff to strike out appearance where claim liquidated .Judgment unless defence shown Unliquidated demand included 103. Where the action is brought to recover a debt or a liqui- dated demand and the defendant or one or' more of the defen- dants if there are several defendants has or have appeared, the 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 a3 due the 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 may be deemed sufficient to entitle him to defend make an order empowering the plaintiff to enter judgment accordingly. (^) If on the hearing of the application under this rule it shall appear that a cause or causes of action other than for a debt or a liquidated demand have been joined therewith the judge may if he shall think fit forthwith amend the statement of claim by striking out such other cause or causes of action or may deal with such claims for debts or liquidated demands as if no other claim had been joined in the action and allow the action to proceed as respects the cause or causes of action other than for such debt or liquidated demand. [E. 115.] No. 6 of 1893, s. 96 ; No. 5 of 1894, s. 5. Summons Service A ffldavits Defendant may show cause 104. The application by the plaintiff under the last preceding rule shall be by summons. A copy of the summons and copies of affidavits and exhibits referred to therein (unless service of copies of such exhibits be dispensed with by the judge) shall be served at least four clear days before the summons is return- able. No. 6 of 1893, s. 97 ; No. 6 of 1897, s. 1 (23). 105. The defendant may show cause against such application by affidavit of himself or some one who can swear positively to the facts or by offering to bring into court the amount claimed in the action. If by affidavit such affidavit shall state 21U 1898 JUDICATURE Cap. 21 31 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 cross if he thinks fit order the defendant or whoever makes the^^^'"'"^""" affidavit on his behalf or in the case of a corporation any officer thereof to attend and be examined on oath and to produce any letters, books or documents or copies of or extracts therefrom. [E 117.] No. 6 of 1893, s. 98. 106. If it appears that the defence setup by the defendant Defendant applies only to a part of the plaintiff's claim or that any part of OTfaiiing^ the claim is admitted the plaintiff may have judgment forth- ^^^^^^j^^ with for such part of his claim as the defence does not apply to as to part or is admitted subject to such terms (if any) as to suspending execution or otherwise as the judge may order and the defend- ant may be allowed to defend as to the residue of the plaintiff's claim. [E. 118.] No. 6 of 1893, s. 99. 107. If it appears to the judge that any defendant has a good One defendant defence or ought to be permitted to defend the action and that^rmifted any other defendant has not such defence and ought not to ^^ andludgment permitted to defend the former may be permitted to defend and against other the plaintiff shall be entitled to have final judgment against the latter and have execution thereon without prejudice to his right to proceed with his action against the former. [E. 119.] No. 6 of 1893, s. 100. 108. Leave to defend may be given unconditionally or sub- conditional ject to such terms as to giving security or time and mode of '^|Eend° trial or otherwise as the judge may think fit. [E. 120.] No. 6 of lfe93, s. 101. ORDER 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 f^^^ ^^f''^ 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 Figures to he figures and not in words. [E. 200.] No. 6 of 1.893, s. 102 ; No. ^''^'^ 6 of 1897, s. 1 (24). 110. A defendant in an action may set off or set up by way setoff and of counter-claim against the claims of the plaintiff' any right Counterclaim 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 convenieutly disposed of in the pending action 217 S2 Cap. 21 JUDICATURE CO. Proceeding with after claim disposed of or ought not to be allowed refuse permission to the defendant to avail himself thereof ; and if in any case in which the defend- ant sets up a counterclaim the action of the plaintiff' is stayed, discontinued or disniissed the counterclaim may nevertheless be proceeded with. [E. 199 and 249.] No. 6 of 1^93, s. 103. Repiyto 111. Where a counter-claim is pleaded a reply thereto shall counterclaim ^^ subject to the rules applicable to statements of dtfence. [E. 279.] No. 6 of 1893, s. 1U4. 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. [E. 203 and 204.] No. 6 of 1893, s. 105. 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. [E. 208.] No. 6 of 1893, s. 106. Allegations not denied admitted 114. Every allegation of fact in any pleading not being a petition or summons if not denied specifically or by necessary implication or stated to be not admitted in the pleading of the opposing party .shall be taken to be admitted except as against an infant, lunatic or person of unsound mind not so found judicially. [E. 209.] No. 6 of 1893, s. 107. 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. [E. 210.] No. 6 of 1893, s. 108. All grounds of defence or answer to be raised 116. The defendant or plaintiff' as the case may be must raise bj" his pleadings all matters which show the action or counter- claim not to be maintainable or that the transaction is either void or voidable in point of law and all such grounds of defence or reply as the case may be as if not raised would be likely to take the opposite party by surprise or would i-aise issues of fact not arising out of the preceding pleadings. [E. 211.] No. 6 of 1893, s. 109. 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. [E. 212.] No. 6 of 1893, s. 110. 218 1898 JUDICATURE Cap. 21 ?..^ 118. It shall not be sufficient for a defendant in his state- yemais must nient of defence to deny generally the grounds alleged by the ^^^^"^ ° plaintiff's statement of claim or for the plaintiff in his replj'- to deny generally the grounds alleged in a defence by way of counterclaim but each party must deal specifically with each allegation ot fact of which he does not admit the truth except Damages damages. [E. 213.] No. 6 of 1893, s. 111. 119. When a party in a pleading denies an allegation of fact Pleadings in the previous pleading of the opposite party he must not do^o'int o'f^^^ so evasively but answer the point of substance. Thus if it is ^^i^^gj^^g alleged that he received a certain sum of money it shall not be evasive sufficient to deny that he received that particular amount but he must deny that he received that sum or any part thereof or else set out how much he received. And if an allegation be made with divers circumstances it shall not be sufficient to deny it along with those circumstances. [E. 215.] No. 6 of 1893, s. 112. 120. When a contract, promise or agreement is alleged in any Denial of pleading a bare denial of the same by the opposite party shall ™"*'''^°* be construed only as a denial of fact of the express contract, promise or agreement alleged or of the matters of fact from which the same may be implied by law and not as a denial of the legality or sufficiency in law of such contract, promise or agreement whether with reference to the Statute of Frauds otherwise. [E. 216.] No. 6 of 1893, s. 113. 121. Whenever the contents of any documents are material it Eflfect of shall be sufficient in any pleading to state the effect thereof may be™'^ 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. [E. 217.] No. 6 of 1893, s. 1 14. 122. Whenever it is material to allege malice, fraudulent Allegation of intention, knowledge or other condition of the mind of any klfowfelg^"^' person it shall be sufficient to allege the same as a fact without «'<=■ setting out the circumstances from which the same is to be inferred. [E. 218.] No. 6 of 1893, s. 115. 123. Whenever it is material to allege notice to any person Allegation of any fact, matter or thing it shall be sufficient to allpge such had'noUc™ notice as a fact unless the form or the precise terms of such notice or the circumstances from which such notice is to be inferred be material. [E. 219.] No. 6 of 1893, s. 116. 124. Whenever any contract or any relation between any Contract or persons is to be implied from a series of letters or conversations implied from or otherwise from a number of circumstances it shall be suffi- 'otters, etc. 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 fi'om such cir- 219 54 Cap. 21 JUDICATURE CO. Presumptions of law cumstances he may s^jate the same in the alternative. [E. 220.] No. e of 1893, s. 117. 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 unle.ss the same has first been specifically denied. [E. 221.] No. 6 of 1893, s. 118. Want of form 126. No technical objection shall be raised to any pleading on the ground of any alleged want of form. [E. 222.] No. 6 of 1893, s. 119. Unnecessary, 127. The judge mav at any staoje of the proceedings order scandalous or , , , i . "^ i i " i_i_ ■ l i. ±. embarrassing to be struck out or amended any matter in any statement or matter pleading which may be unnecessary or scandalous or which may tend to prejudice, einbarruss or delay the fair trial of the action with or without cos's to be paid by the party so offend- ing. [E. 223.] No. 6 of 1893, s. 120; No. 6 of 1897, s. 1 (25). Loss of negotiable instrument 128. In case of any action founded upon a bill of exchange or other negotiable instrument the judge may order that the loss of such instrument shall not be set up provided such in- demnity as he approves of is given against the claims of any other person upon such negotiable instrument. No. 6 of 1893, s. 121. Pleadings written or printed 129. Every statement or pleading may be either printed or written or partly written and partly printed. [E. 205.] No. 6 of 1893, s. 123. ORDER XII. PAYMENT INTO AND OUT OF COURT AND TENDER. Payment into court — (1) as satisfaction (2) with defence denying liability 130. Where any action is brought to recover a debt or dam- ages any defendant may before or at the time of delivering his defence or at any later time by leave of the Court or a judge pay into court a sum of money by way of satisfaction which 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 denj-- ing liability (except in actions or counterclaims for libel or slander) pay money into coui-t which shall be subject to the provisions of rule 135 hereof. [E. 255.] No. 6 of 1897, s. 1 (26). Defence to 131. Payment into court shall be signified in the defence and state payment j.jjg claim or cause of action in satisfaction of which such pay- ment is made shall be specified therein. [E. 256.] No. 6 of 1897, s. 1 (26). Tender before 132. With a defence setting up a tender before action the sum action Q^' [jjQuey alleged to have been tendered must be brought into court. [E. 257.] No. 6 of 1897, s. 1 (26). 220 1898 JUDICATURE Cap. 21 35 133. If the defendant pays money into court before deliver- Payment ing his defence he shall serve upon the plaintiff a notice specify- of defence, ing both the fact that he has paid in such money and al.so the Se'served claim or cause of action in respect of which such payment has been made; and such notice shall be in the followhig 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.)" No. 6 of 1897, s. 1 (26). 134. In the following cases of payment into court under this Payment out section, viz: L°Sf cases (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 paymeht 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 oii his request or to hi.s advocate on the p'aintiff's written author- ity unle.ss the L'ourt or a judge shall otherwise order. [E. 259.] No. 6 of 1897, s. 1 (26). 135. When the liability of the defendant in respect of the where claim or cause of action in satisfaction of wliich the payment Jjlnfe?^"'' into court has been made is denied in the defence the ^^^^'^'^-^^Q^lJ^^aa ot ing rules shall apply : sum paid in (a) The plaintiff may accept in satisfaction of the claim or cause of action in respect of which the payment into court has been ma'le 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 whrn-upon all further proceed- ings in respect of such claim oi- cause of action except as to costs shall be stayed : or the plaintiff may refuse to accept the money in satisfaction and reply accord- incrly in which case the monry shall remain in court sul'ject to the provisions hereinafter mentioned; (h) If the plaintiff accepts the money so pnid in he shall after service of such notice in the form following, viz.: " Take notice tiiat the plaintiff accepts the snm of S paid by you into court in satisfaction 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 monty paid out to himself on re- quest or to his advocate on the plaintiff's written authority unless the Court or a judge shall otherwise order ; 221 36 Cap. 21 JUDICATURE C. O. Payment in not accepted Proceeding with siait (c) If the plainlifF does not accept in satisfaction of the claim or cause of action in respect of which the pay- ment into court has been made the sum so paid in but proceeds with the action in respect of such claim or cause of action or any part thereof the money shall remain in 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 necessarj' in satisfaction of the plaintiff's claim and the balance (if any) shall under such order be repaid to the defendant. If the defendant succeeds in respect of such claim or cause of action the whole amount shall under such order be repaid to him. [E. 260.] No. 6 of 1897, s. 1 (26). Payment in 136. The plaintiff when payment into court is made before before defence J gj^^,gj,y ^£ ^(.fguQe Yn&j within four days after the receipt of notice of such payment or when such payment is first signiiied Acceptance in a defence may before rei)ly accept in satisfaction of the claim in satisfaction c i_' • t. £ -i • i i i.T.i_ or cause of action in respect ot which such payment has been made the sura 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 satistied to tax his costs after the expiration of four days from ^"""^^ *^^™°* the service of such notice unless the Court or a judge shall otherwise order and in case of nonpayment of the costs within Co8ts forty-eight hours after such taxation to sign judgment for his costs so'taxed. [E. 2G1.] No. 6 of 1897, s. 1 (26). Consolidated 137. Where money is paid into court in two or more actions ac ions 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 lie dealt with under this order in the same manner as in the action tried. [E. 262.] No. 6 of 1897, s. 1 (26). counterclaim 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. [E. 263.] No. 6 of 1897, s. 1 (26). Payment out 139. Money 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 uniler the provisions of rule 1(I5 hereof he niaj' (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 nece.'^sary 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 222 1898 JUDICATURE Cap. 21 37 the preceding rules of this order relating to money paid into court and shall be subject in all respects thereto. [E. 265.] No. 6 of 1897, s. 1 (26); No. 12 vi 1898, s. U5. 140. In any cause or matter in which a sum of money has Persons under been awarded to or recovered by an infant or person of un- jJon^yg*^ sound mind not so found bv inquisition the Court or a judge'"''"*™^"!,*'? o"^ . 11 , [• recovered by may at or after the trial order that the whole or any part oi such sum shall be paid into court to the credit of an account intituled in the cause or mutter ; 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 transfeired to such persons to \e held and applied upon and for such trusts and in such manner as the Court or a judge shall direct. [E. 269.] No. 6 of 1897, s. 1 (26) ; No. 12 of 1898, s. 36. 141. Monf>y paid into court or securities purchased under Disposition of the provisions of the last preceding rule and the dividends or^curme™ inteiest thereon shall be sold, transferred or paid out to the party entitled thereto pursuant to the order of the Court or a judge. [E. 270.] No. 6 of 1897, s. I (26). 142. Where a cause or matter is tried by a iudge with a jury Jury not to be ■ . inf orincd. of no communication to the juiy shall be made until after the payment int verdict is given cither of the fact that money has been paid '^""''^ into court or of the amount paid in. 1'he 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. [E. 27 5a.] iS'o. 6 of 1897, s. 1 (26). 143. Cash under the control of or subject to the order of the investment Court may be invested in Dominion securities upon order of a coiirt"*^^ ^" judge. [E. 271.] No. 6 of 1893, s. 146. 144. All moneys paid Into court shall so soon as received by Banking a clerk or other pi-oper official be deposited in one of the char- Sto court "^ tei-ed banks cf Canada to be named by the judge the same to be placed to a special account and styled " special account ; " each deposit to i-<'ap the benefit of such rs.te of interest as the bank in which the "deposit is made may agree to be paid to be from time to time added t ) the principal ; and no moneys ordered to be paid out of court shall be withdrawn from the bank in which the .same are deposited unless the cheque for withdrawal of the same is countersigned or initialled by the judge. No. 21 of 1896, s. 19. 145 Notice of every applitation for the purpose of conver- Conversion . . "i 11 1 1 1 -i? of securities, sion of any securities shall be served upon such persons it any application for as the Court or judge may direct. [E. 272.] No. 6 of 1893, s. 147. 223 38 Cap. 21 JUDICATUBE ORDER XIII. CO. MATTERS ARISING PENDING THE ACTION. Defence or 14.6. Any ground of defence which has arisen after action or'jJjunJr.'""*'' brought but before the defendant has delivered his statement claim arisen 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 of reply. [E. 282.] No. 6 of 1893, s. 148. Ground of 147. Where any ground of defence arises after the defendant repfy arisen ^^^ delivered his statement of defence or after the time limited after pleading for his doing SO has expired the defendant may and where any ground of defence to any set-off or counterclaim arises after reply or after the time limited for delivering a reply has ex- pired the plaintiff may within eight da3's 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. [E. 283.] No. 6 of 1893, s. 149. Further answer may be served Confession of defence 148. Whenever anj'' 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 othei- wise ordered by the judge have judgment for his costs up to the time such defence was pleaded. [E. 284.] No. 6 of 1893, s. 150. ORDER XIV. RAISING POINTS OF LAW, ETC. Points of law raised by pleading Disposal of 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 cause at or after the trial provided that by consent of the parties or by order of the judge on the applica- tion of either party the same may be set down for hearing and disposed of at any time before the trial. [E. 286.] No 6 of 189:3, s. 151. Judgment ^^^- ^^ '^ ^^^ opinion of the Court or judge the decision of ^i'e™(li8'j"o'ses ^"*^^^ point of law substantially disposes of the whole action of action, etc. Or of any distinct cause of action, ground of defence, set-off, counterclaim or reply therein the Court or judge may there- upon dismiss the action or make such order therein as may be just. [E. 287.] No. 6 of 1893, s. 152. 224 1898 JUDICATURE Cap. 2] 39 151. The Court or judge inaj^ order any pleading to be if "joious or struck out on the ground that it discloses no reasonable cause actions of action or answer and in any such case or in case of the action or defence being shown bj' the pleadings to be frivO'dMos"^, no lous or vexatious the Court or judge may order the action to cause of action be stayed or dismissed or judgment to be entered accordingly °' '^"■^^®'' as may be just. [E. 288.] No. 6 of 1893, s. 153. 152. No action or proceeding shall be open to objection on Declaratory the ground that a merely declaratory judgment or order is""^ ementa sought thereby and the Court or judge may make binding declarations of right whether any consequential relief is or could be claimed or not. [E. 289.] No, 6 of 1893, s. 159. ORDER XV. REPLY OR CLOSE OF PLEADINGS. 153. A plaintiff shall deliver his reply if any within eight Time for days after the defence or the last of the defences shall have "^^^^ been delivered unless the time shall be extended by the Court or judge. [E. 276.] No. 6 of 1893, s. 85. 154. No pleading subsequent to reply other than a joinder Pleading (if i.^sue shall be pleaded without leave of the Court or a judge t" repl"'^"' and then shall be pleaded only upon such terms as the Court orjudge shall think fit. [E. 277.] No. 6 of 1893, s. 86. 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. No. 6 of 1893, s. 87. 156. If the plaintiff does not deliver a reply or any party uefauit in does not deliver any subsequent pleading within the period subl^quent allowed for that purpose the pleadings shall be deemed to be pleading closed at the expiration of that period and all the material Etreot ot statements of fact in the pleading last delivered shall be deemed to have been denied and put in issue. [E. 306.] No. 6 of 1893, s. 88. 157. As soon as any party has joined issue upon the preced- close of ing pleading of the opposite party simply without adding any p'"^'^"'^' fuVther or other pleading thereto or has made default as men- tioned in the preceding rule the pleadings between such parties shall be deemed to be closed. [E. 280.] No. 6 of 1893, s. 89. ORDER XVI. DEFAULT OF PLEADING. I 158. If the plaintiff's claim be only for a debt or liquidated ciaim for demand and the defendant does not within the time allowed''®^' 15 225 40 Cap. 21 JUDICATUEE CO. for that purpose deliver a defence the plaintiff may at the ex- piration of such time enter final judgment for the amount claimed with costs. [E. 295.] No. 6 of 1893, s. 124. Default of one 159. When in any such action as in the last preceding rule defendants mentioned there are several defendaiits if one (if them make default as mentioned in the last prec*^ding rule the plaintiff may enter final judjfment against the defendant so making default and issue execution upon such judgment without prejuilice to his right to procepd with his action against the other defen- dants. [E. 296.] No. 6 of 1893, s. 125. Claim detinue and damage.? 160. If the plaintiff's claim be for detention of goods and pecuniary damages or either of them and the defendant or all the defendants if more than one make default in delivering a defenfe within the time allowed for that purpose the judge may on application of the plaintiff assess the value of the goods and amount of the damages or either of them as the case may be or order that they shall be ascertained in any way he may direct and judgment shall be entered thereupon with costs of suit. [E. 297.] No. 12 of 1898, s. 9. 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 ilefault and pro eed with his action against the others and in such case the value and amount of damages against the de- fendant making defnult 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. [E. 29«.] No. 6 of 1893, s. 127. Claim liquidated demand and debt and damages 162 If the plaintiff's claim be for a debt or liquidated demand and .-dso for detention of goods and pecuniary damasces or pecuniary damages only and any defendant make default in delivering his defence as aforesaid the plaintiff may enter final judgment foi- the debt or liquidated demand and also enter in- terlocutory juhed and the party so named shad deposit with the clerk such sum as said clei-k considers sufficient for the payment of juiors' fees and the • xpenses of summoning a suffieient number of persons to form tlie jury -md the clerk shall after the ti'ial Costa of jury pny the said jury and summoning fees and if any balaneeof the money so d posited with him remnins unus-d after [)a\ ing sui-h fe"«"' of order to his client shall be liable to attachment. [E. 365.] No. 6 of 189b, s. 186. ORDER XXI. EXAMINATION FOR DISCOVERY. 201. Any party to an action whether plaintiff or defendant Examination or in the case of a body corporate any one who is or has been ^e&reHriai 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. No. 6 of 1893, s, 187. 202. A person for whose immediate benefit an action is pro- Person secuted or defended is to be regarded as a party for the pur- iSlrested^ pose of examination. No. 6 of 1893, s. 188. 203. The examination on the part of a plaintiff may take when place at any time after the statement of defence of the party to ,^uay take'™ be examined has been delivered or after the time for delivering Pi*°'^ 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. No 6 of 1893, s. 189. 233 48 Cap. 21 JUDICATURE CO: Examining officer Place of examination Appointment and Bubpiena Conduct inonev 204. Whenever a party is entitled to examine another party lie may procure an appointment therefor from the clerk or any deputy clerk or process issuer in the judicial district where the action was commenced for the examination as hereinafter pro- vided of such party before such clerk, deputy clerk or process issuer at who.se office such examination is to be held ; and the party to be examined (upon being served with a copy of the appointment and a subpoena and upon payment of the proper fee,?) shall attend thereon and submit to examination. (3) 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. No. 6 of 1897, s. 1 (28.) Appointment to be served on ad^'ocate 205. The party examining shall serve a copy of the appoint- ment upon the advocate of the party to be examined, if he has an advocate in the ciuse at least forty-eight hours before the examination. No. 6 of 1893, ,s. 191. Examination before otlier person or without jurisdii-tion 206. Upon application to the Court or a judge an order may be made for the examination of any party liable to be exam- ined as aforesaid before any other person or in any other place whether within or without the jurisdiction of the Court than those before mentioned and upon service of a copy of the ap- pointment of a person before whom the examination is to take place and a copy of the order upon the party to be examined and upon payment of the proper fees he is to attend and sub- mit 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. No. 6 of 1893, s. 192 ; No. 5 of 1894, s. 7. Notice to 207. The party or person to be examined shall if so required an?i^paper°°'^^ by notice produce on ^^" ..^^™;.,«j-; — „ii i — i,^ ^„ „ — a documents Certified copies of documents J- — the examination all books, papers and which he would be bound to produce at the trial under a subpoena dvces tecum. No. 6 of 1893, s. 193. 208. In the event of any witness on his examination, cross- examination or re-examination producing any book, document, letter, paper or writing and refusing for good cause to be stated in his deposition to part with the original thereof then a copy thereof or extract therefrom certified by the examiner to be a true and correct copy or extract shall be attached to the deposi- tions and form part thereof. No. 6 of 1893, s. 193 (a). Kurtiier 209. Any party or officer so examined may be further ex- on'party's^own amined on his own behalf or on behalf of the body corporate of behalf, etc. which he is or has been an officer in relation to any matter re- specting which he has been examined in chief ; and when one of several plaintiffs or defendants has been examined any other plaintiff or defendant united in interest may be examined on his own behalf or on behalf of those united with him in interest to the same extent as the party examined. No. 6 of 1893, s. 194. Explanatory 210. Such explanatory examination shall be proceeded with 234 1898 JUDICATURE Cap, 21 49 immediately after tlie examination in chief and not at any ixaunnation future period except by leave of the Court or a judge and for Time for the purposes of this and the preceding rule when the officer of a body corporate has been so examined as aforesaid on behalf of the body corporate the body corporate shall be deemed to be fully represented by such officer. No. 6 of 1893, s. 195. 211. Any party or person examined orally under the preced- coiKiuctqf iug rules of this order shall be subject to cross-examination Jjf^f"""^ '" ami re-examination ; and such examination, cross-examination and re-examination shall be conductod as nearly as may be in the mode in use on a trial. No. 6 of 1893, s. 196. 212. A party to the action who admits upon his examination Production of that he has in his custody or power any deed, paper, writing or f^ inspection document relating to the matters in question in the cause upon "' '"^'™'""^', the order of the person before whom he is examined shall pro- duce the same for his inspection and for that purpose a reason- able time shall be allowed ; but no party shall be obliged te produce any deed, paper, writing or document which is privi- leged or protected from production. No. 6 of 1893, s. 197. 213. Either party may appeal from the order of the Aijpcaifrom examiner and thereupon the examiner shall certify under his ordCT"'**"^" hand, the question raised and the order made thereon. No. 6 of 1893, s. 198. 214. Any party or person refusing or neglecting to attend Refuaai to at the time and place appointed for his examination or refus- an*?wer?etr. ino' to be sworn or to answer any lawful question put to him by the examiner or by any party entitled so to do or his counsel, advocate or agent shall be deemed guilty of a con- tempt of court and proceedings may be forthwith had by attachment. If a defendant he shall be liable to have his Penalty defence if any struck out and be placed in the same position as if he had not defended ; and the party examining may apply to the Court or a judge to that effect and an order may be m"ade accordingly. No. 6 of 1893, s. 199. 215. If the party or person under examination demurs or objections objects to anj^ question or questions put to him the question or ^^ '^'"es.s questions so put and the objection of the witness thereto shall . . be taken down by the examiner and transmitted by him to to validity the office of the court where the pleadings are filed to be there filed ; and the validity of such objection shall be decided by the Court or a judge ; and the costs of and occasioned by such objection shall be in the discretion of the Court or a judge. No. 6 of 1893, s. 200. 216. Subject to rules 218, 219 and 220 hereof the depositions Form and taken upon any such oral examination as aforesaid shall be deposi^ioT " taken down in writing by the examiner not ordinarily by question and answer but in the form of a narrative expressed in the first person ; and when completed shall be read over to 235 50 Cap. 21 JIJDICATUBE CO. the party examineil and sliall be signed by him in the presence of the parties or of such of them as may think fit to attend. No. 6 of 1893, s. 201. Witness not 217. In case the party or person examined refu.ies or is dfposifion Unable to sign the depositions then the examiner' shall sign the same ; and the examiner may upon every examination state RepOTtof any special matter to the Court if he thinks fit. No. 6 of 1893, special ma/tter ^n-,'- , , s. 201 (a). Question and answer, objections, etc Recording in dejposition 218. It shall be in the discretion of the examiner to put down any particular question or answer if there appears to be any special reason for so doing and any question or questions objected to shall at the request of either party be noticed or referred to by the examiner in or upon the depositions ; and he shall state his opinion thereon to the counsel, advocates, agents or parties and if requested by either party he shall on the face of the depositions refer to such statement. No. 6 of 1893, s. 201 (b). Deposition talien in shorthand 219. In case of an examination before the trial or otherwise than at the trial of an action if the examining party desires to have such examination taken in shorthand he shall be entitled to have it so taken at the place of examination except where the Court or a judge sees fit to order otherwise. No. 6 of 1893, s. 202. Form and completion of shorthand report 220. Where an examination in a cause or proceeding is taken by the examiner or any other authorised person in shorthand the examination may be taken down by question and answer ; and in such cases it shall not be necessary for the depositions to be read over to or be signed bj' the person examined unless the judge so directs where the examination is taken before a judge or in other cases unless any of the parties so desires. No. 6 of 1893, s. 203. Certified copy of depositions 221. A copy of the deposition so taken certified by the per- son taking the same as correct shall for all purposes have the same effect as the original depositions in ordinary cases. No. 6 of 1893, s. 203 (a). Filing depositions Certified copies evidence 222. Wherever any such examination of any party or wit- ness has been taken -before a cleik of the Supreme Court or before any officer or other person authorised or appointed to take the same the depositions taken down by the examiner shall at the request of any party interested and on payment of his fees be returned to and kept in the office of the clerk of the court in which the proceedings are being carried on ; and office copies of such depositions may be given out and the ex- aminations and depositions certified under the hand of the ex- aminer taking the same or a copy thereof certified under the hand of the clerk of the court shall without proof of the s-gna- ture be received and read in evidence saving all jusL exceptions. No. 6 of 1893, s. 204; No. 5 of 1894, s. 8. 236 1898 JUDICATURE Cap. 21 51 223. Every person taking examinations may and if need be Special report, shall make a special report to the Court in which such proceed- ings are pending touching such examinations and the conduct or alisence of any witness or other person thereon or relating thereto ; and the Court shall institute such pro'^eedings and make such order upon such report as justice may require and as may be instituted and made in any case of contempt of court. No. 6 of 1893, s. 205 ; No. 5 of 1894, s. 9. 224. Any party may at the trial of an action or issue oruaeof ~ ■ I examlni ' at trial upon any application or motion use in evidence any part of the ^^*™'"^*'°" examination of the opposite parties: Provided always that in such case the judge may look at the whole of the examination and if he is of opinion that any other part is so connected with the part to be so used that the last mentioned part ought not to be used without such other part he may dire'bt such other part to be put in evidence. No. 6 of 1893, s. 206. 225. The cost of every examination of parties or of officers Cost of of corporations before the trial or otherwise than at the trinl of ^^^"^^"'^ ^°"^ an action shall be eels in the cause but the Court or judge in adjusting fhe costs of the action shall at the instance of any- party inquire or cause inquiry to be made into tlie propriety of having made any such examinati(m ; and if it is the opinion of the C"Urt oi- judge or the clerk as the case may be that such examination has been had unreasonably, vexatiously or at un- necessary length the costs occasioned by the examination shall be borne in whole or in part by the party in default. The clerk may make such inquiry without any direction. No. 6 of 1693, s. 207. OKDER XXII. ADMI.SSIONS. 22C. Any pa: ty to a cause or matter may give notice by his Notice of pleading or otherwi-e in wi iting that he admits the truth of the Sf focts°" whole or any part of the case of any other \ arty. [E. 371.] No. 6 of 1893, s. 208. 227. Either party may call upon the other party to admit Notice to any document .saving all just exceptions ; and in case of refu.-;al documents or neglect to admit after such notice the costs of proving any costs: such .iocument .shall be paid by the' party so neglecting or i"<'- ™(u'^^'^^'°"^ fusincf whatever the re-ult of the cause or the matter may be (2) notice not unless at the tri-il or hearing the julgo is s-iti.'^hed that the re-^'^®" fusal to admit was rta.sonahle ; and no costs of proving any document shall be allowed unless sue h notice be given except where the omission to gise the notice is in the opinion of the judge a saving of expense. [E 372.] No. 6 of 1893, s. 209. 228 Any party may by notice in writing at any time not Notice to later than twelve days before the day fixed for trial call on any "^ ™' ^'^ ^ 237 52 Cap. 2l JUDICATURE CO. Costs where admis.sion refused Effect of admission Admissions Amendment other party to admit for the purpases of the cause, matter or i.ssue only any specific fact or facts mentioned in such notice ; and in case of refusal or neglect to admit the .same within six (la}'S after service of such notice or within such further time as may be allowed by a judge the cost of proving such fact or facts shall be paid by the party so neglecting or refusing what- ever the result of the cause, matter or i.ssue may be unless at the trial or hearing the judge is satisfied that the refusal to admit was reasonable : Provided that any admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular cause, matter or issue and not as an admission to be used against the party on any other occasion or in favour of any person other than the party giving the notice : Provided also that the judge may at any time allow any party to amend or withdraw any admission so made on sucl^ or withdrawal ^gj.^^g ^^ ,^^^y ^e just. [E. 374.] No. 6 of 1893, s. 210. Judgment on admission.s 229. Any party may at any stage of a cause or matter where admissions of fact have been made either on the pleadings or otherwise apply to a judge for such judgment or order as upon such admissions he may be entitled to without waiting for the determination of any other question between the parties and the judge may upon such application make such order or give such judgment as the judge may think just. [E. 376.] No. 6 of 1S93, ,s. 211. Kvidence of admissions 230. An affidavit of the advocate or his clerk of the due sig- nature of any admissions made in pursuance of a,uy notice to admit documents or facts shall be sufficient evidence of such admissions if evidence thereof be required. [E. 377.] No. 6 of 1893, s. 212. Notice to admit or produce f'osts 231. If a notice to admit or produce comprises documents which are not necessary the costs occasioned thereby shall be borne bv the party giving such notice. [E. 379.] No. 6 of 1893, .s.''213. ORDER XXIII. ISSUES, INQUIRIES AND ACCOUNTS. Issues of fact, 232. Where in any cause or matter it appears to the Court settifng"^ ^"' or judge that the i.s.sues of fact in di.spute are not sufficiently defined the parties may be directed to prepare issues and such issues shall if the parties differ be settled by the Court or judge. [E. 380.] No. 6 of 1893, s. 214. induiries and 233. The Court or a judge may at any stage of the proceed- anThow token ings in a causc or matter direct any necessary inquiries or ac- counts to be made or taken and may direct the same to he taken by the clerk or otlier competent person notwithstanding that it may apnear that there is some special or fui-ther relief 238 1898 JUDICATURE Cap. 21 58 sought for or some special issue to be tried as to which it may be proper that the cause or matter should proceed in the ordin- ary manner. [E. 381.] No. 21 of 1896, s. 5. 234. In cases where the statement of claim is for an account Actions for or involves the taking of an account if the defendant either '^°™""* fails to appear or does not after appearance satisfy the judge that there is some preliminary question to be tried the plaintiff may obtain an order directing the taking of proper accounts; and in cases in which the plaintiff in the first instance desires to have an account taken the statement of claim shall request the same. [E. 121.] No. 6 of 1893, s. 45. 235. The judge may either by the judgment or order direct- special ing an account to be taken or by any subsequent order give to'Sode'of'''^ special direction with regard to the mode in which the account tailing is to be taken or vouched and in particular may direct that in' taking the account the books of account in which the accounts in question have been kept shall be taken as prim,a facie evi- dence of the truth of the matters therein contained with liberty to the parties interested to take such objections thei-eto as the}' may be advised. [E. 382.] No. 6 of lh93, s. 215. 236. Where any account is directed to be taken the account- Account ing party unless the judge shall otherwise direct shall make out his account and verify the same by affidavit. The items on Verification each side shall be numbered consecutively and the account shall be referred to by the affidavit as an exhibit and be filed in Court. [E. 383.] JNo. 6 of 1893, s. 216. 237. Upon taking of any account the Court or judge maj' Production direct that the vouchers shall be produced afc the office of the°*^'°"'^*^'"''* advocate of the accounting party or at any other convenient [j^J^''^'*'^^'''^' place and that only such items as may be contested or sur- charged shall be brought before the judge in chambers. No. 6 of 1897, s. 1 (29.) 238. Any party seeking to charge any accounting party be- surciiarge yond what he has by his account admitted to have received shall give notice thereof to the accounting party stating so far as he is able the amount sought to be charged and the particu- lars thereof in a short and succinct manner. [E. 384.] No. 6 of 1893, s. 217. 239. Every judgment or order for a general account of the inquiry as to personal estate of a testator or intestate shall contain a direction estate "'^"'° for an inquiry as to what parts if any of such personal estate are outstanding or undisposed of unless the Court or judge shall otherwise direct. [E. 385.] No. 6 of 1893, s.' 218. 240. Where by any judgment or order whether made incumbering Court or by the judge any accounts are directed to be taken or aieo'uJinr inquiries to be made each such direction shall be numbered so^"i"i''5" that as far as may be each distinct account and inquiry may be 239 54 Cap. 21 JUDICATURE C. 0. Just allowancea designated by a number with such variations as the circum- stances of the case may require. [E. 386.] No. 6 of 1893, s. 219. 241. In taking any account directed by any judgment or order all just allowances shall be made without any direction for that purpose. No. 6 of 1893, s. 220. Expediting proceedings m case of undue delay 242. If it shall appear to the judge that there is any undue delay in the prosecution of any accounts or inquiries or in an}- other proceedings under any judgment or order the judge may require the party having the conduct of the proceedings under any judgment or order or any other pnrty to explain the delay and may thereupon make such order with regard to expediting the proceedings or the conduct thereof or the stay thereof and as to the costs of the proceedings as the circumstances of the ease may require ; and ftr the purposes aforesaid any party may be directed to summon the persons whose attendance is required and to conduct any proceedings and carry out any directions which may be given ; and any costs of such party so directed shall be paid by such parties or out of such funds as the judge may direct. [E. 388.] No. 6 of 1893, s. 221. Ascertain- ment of damages Where continuing cause of action Inquiry and Reference as to Da^mages. 243. In every action or proceeding in which it shall appear to the Court or judge that the amount of damages .sought to be recovei'ed is substantially a matter of calculation the Court or judge may either fix the amount or direct that the amount for which final judgment is to be entered shall be ascertained by an officer of the Court or other person ; and the attendance of witnesses and the production of documents before such officer or other person maj' be compelled by subpoena; and such officer or other person may adjourn the inquiry from time to time and shall indorse upon the order for referring the amount of damages to him, the amount found by him and shall deliver the order with such indorsement to the clerk of the court and such and the like proceedings may thereupon be had as to tax- ation of costs, entering judgment and otherwise as in ordinary cases. [E. 481.] No. 6 of 1893, s. 240. 244. Where damages are to be assessed in respect of any con- tinuing cause of action they shall be a'isessed down to the time of assessment. [E. 4«2.] No. 6 of 1893, s. 241. Originating summons Inquiry into alleged fraudulent conveyances SUMMARY INQUIRIES INTO FRAUDULENT TRANSFERS. 245. Where a judgment creditor or a person entitled to money undnr a judgmeiii or order alleges that the debtor or person who is to pay lias made a conveyance of his property whether real or personal which is void as being made to delay, hinder or defraud creditors or a creditor an originating summons may be issued by the judgment creditor calling upon the judgment debtor or person who is to pay or who has acquired any inter- est thereunder to show cause why the property embraced in 240 1898 JUDICATURE Cap. 21 55 such conveyance or a competent part thereof should not be sold to realise the amount to be levied under the execution. [R.S.O. 1877, c. 49, s. 10.] No. 6 of 1897, s. 1 (30.) 246. Where any judgment creditor in an action or a person For equitable entitled under a judgment or order as aforesaid alleges that ^'^^''" '°'^ the debtor or person who is to pay is entitled to or has an in- terest in any property which under the former practice could not be sold under legal process but could be rendered available in an action for equitable execution by sale for satisfaction of the debt, an originating summons may be issued by the credi- tor calling upon the debtor or person who is to pay and the trustee or other person having the legal estate in the property or the interest therein of the debtor or the person who is to pay to show cause why the property or a competent part of the said property should not be sold to realise the amount to be levied under the execution. [R.S.O. 1877, c. 49, s. 11.] No. 6 of 1897, s. 1 (30). 247. Upon any application under either of the two preceding isaue or rules such proceedings shall be had either in a summary way '"'^^^'^ or by the trial of an issue or by inquiry before an officer of the court or otherwise as the Court or judge may deem necessary or convenient for the purpose of ascertaining the truth of the matters in question and whether the property or che debtor's or other person's interest therein is liable for the satisfaction of the execution. [RS.O. 1877, c. 49, s. 12.] No. 6 of 1897, s. 1 (30). 248. Where in a summary way or upon the trial of an issue Order for sale or as the result of any inquiries under the three preceding rules any property oi' the interest of any debtor or other person therein is found liable to be sold an order shall be made by the . Court or judge declaring what property or what interest there- in is liable to be sold and directing the sale thereof according to the usual practice. [R.S.O. 1877, e. 49, s. 14.] No. 6 of 1897, s. 1 (30); No. 12 of 1898, s. 37. 249. Pending any such issue or inquiry an interim injunc- interim tion order may be issued or a receiver appointed to prevent o^rece^ve'r the transfer or other disposition of the property. No. 6 of 1897, s. 1 (30). ORDER XXIV. SPECIAL CASE. 250. The parties to any cause or matter at any stage of the Special eas, cause or matter or without any previous proceedings having'^''™"**''"' been instituted may concur in stating the questions of law arising therein in the form of a special case for the opinion of the Court. Every such special case shall be divided into paragraphs numbered consecutively and shall concisely state 16 241 56 Cap. 21 JUDICATURE CO. such facts and documents as may be necessary to enable the Court to decide the questions raised thereby. Upon the argument of such case the Court and the parties shall be at liberty to refer to the whole contents of such documents and the ('ourt shall be at liberty to draw from the facts and documents stated in any special case any inference whether of fact or law which might have been drawn therefrom if proved at a trial. [E. 889.] No. 6 of 1893, s: 228. Special case 2-51. If it appear to the Court or judge that there is in any or question of gause Or matter a question of law which it would be convenient law raised by i • i i i i? • i • • i ■ order before to have decided bt'iore any evidence is given or any question or issue of fact is tried or before any reference is made to a referee the Court or judge may make an order accordingly and may direct such question of law to be raised for the opinion of the Court either hy special ca.se or in any such other manner as the Court or judge may deem expedient and all such further proceedings as the decision of such question of law may render unnecessary may thereupon be stayed. [E. 390.] No. 6 of 1893, s. 229. Special case where person under disability is party 252. No special case in any cause or matter to which a married wonwn (not being a party thereto in respect of her separate property or of any separate right of action by or against her), infant or person of unsound mind not so found by judicial decision is a party shall b^ set down for argument without leave of the Court or judge, the application for which must be supported by sufficient evidence ihat the statements contained in such special case so far as the same affect the interest of such married woman, infant or person of unsound mind are true. [E. 39:'.] No. 6 of 1893, s. 230. ' Agreement for payment of money according to result of special case 2-53. The parties to a special case may if they think fit enter into an agreement in writing that on the judgment of the Court being given in the affirmative or negative of the ques- tions of law raised by the special case a sum of money fixed by the parties or to be ascertained by the Court or in such manner as the Court may direct shall be paid by one of the pai'ties to the other of them either with or without costs of the cause or matter ; and the judgment of the Court may be entered fur the sum so agreed or ascertained with or without costs as the case nia\" be and execution may issue upon such judgini'nt in the ordinary way unless otherwise agreed or unless stfiyed on appeal. [E. 394.] No. 6 of 1893, s. '2Sl. OliDER XXV. TlilAL. Defendant not 254. If when a trial is called on the plaintiff appears and the defendant does not appear the plaintiff may f'l'ove his claim so far as the burden of proof lies upon him. [E. 455.] No. 6 of 1893, s. 232. 242 1898 JUDICATUEE Cap. 21 57 255. If when a trial is called on the defendant appears and Plaintiff not the plaintiff does not appear the defendant if he has no count- ^^''^^""^ erclaim shall be entitled to judgment dismissing the action but if he has a counterclaim then he may prove such counterclaim so far as the burden of proof lies upon him. [E. 456.] No. 6 of 1893, s. 233. 256. Any verdict or judgment obtained where one party does Judgment by not appear at the trial may be set aside by the Court or judge '^"^^^^^ upon such terms as may seem fit upon an application within ^'^'■'^"s aside fifteen days after the trial. [E. 457.] No. 6 of 1893, s. 234. 257. The judge may if he thinks it expedient for the inter- Postponement ests of justice postpone or adjourn a trial for such time and to adjournment such place and upon such terms if any as he shall think fit ;oi trial but no trial shall be postponed upon the ground of the absence of a material witness unless the affidavit upon which the appli- cation is made distinctly states that the deponent believes and is advised that the party on whose behalf the application is made has a just cause of action or defence upon the merits and that the applic£\|tion is not made solely for delay. [E. 458.] No. 6 of 1893, s. 235. 258. Where through accident or mistake or other cause any Accidental " - - - - - - - omission to irove material 'act party omits or fails to prove some fact material to his case the p judge may proceed with the trial subject to such fact being" afterwards proved at such time and subject to such terms and conditions as to costs and otherwise as the judge shall direct and if the case is being tried by a jury the judge may direct . the jury to find a verdict as if such fact had been proved and the verdict shall take effect on such fact being afterwards proved as directed ; and if not so proved judgment shall be entered for the opposite party unless the Court or judge other- wise directs. This rule shall not apply to actions for libel or .slander. No. 6 of 1893, s. 236. 259. Upon a trial with a jury the addresses to the jury .shall Speeches to be regulated as follows : the party who begins or his counsel''"'^'' shall be allowed at the close of his case if his opponent does not announce any intention to adduce evidence to address the jury a second time for the purpose of summing up the evidence and the opposite party or his counsel shall be allowed to open his case and also to sum up the evidence if any and the right to reply shall be the same as in England. [E. 460.] No. 6 of 1893, s. 237. 260. The judge may in all cases disallow any questions put Cross in cross-examination of any party or other witness which may ®^'^™i°'^t>o" appear to him to be vexatious and not relevant to any matter J^ievant "'^ proper to be inquired into in the cause or matter. [E. 462.] No. questions 6 of 1893, s. 238. 261. The judge shall at or after trial direct judgment to bepeiiveryof entered as he shall think right and no motion for judgment ^^ ^""^^ 16J 243 58 Cap. 21 JUDICATURE shall be necessary in order to obtain such judgment. No. 6 uf 1897, s. 1 (32). CO. [E. 463.] ORDER XXVI. EVIDENCE, ETC. I. — Evidence Generally. Evidence may 262 In any action the judg;e may direct the evidence either wholly or in part to be taken by any clerk of the court or by any othei' competent per.son ; which clerk or other person shall be sworn to take the same truly and to reduce it to writing and on the return of the evidence the judge may give judgment upon the evidence taken by the clerk or oiher person as afore- said or may order a new trial when justice seems to require the same. No. 6 of 1893, s. 157 ; No. 5 of 1894, s. 6. be taken by examiner Judgment thereon or new trial Witnesses to be examined viva voce unless otherwise agreed or ordered 263. In the absence of any agreement in writing between the parties or their advocates and subject to the provisions of this Ordinanct' the witnesses at the trial of any action or at any assessment of damages shall be examined viva voce and in open court but the Court or judge may at any time for sufficient rea- son order that any particular fact or facts may be proved by affidavits or that the affidavit of any witness may be read at the hearing or trial on such conditions as the Court or judge may think reasonable or that any witness whose attendance in court ought for some sufficient cause to be dispensed with be examin- ed by interrogatories or otherwise before a commissioner or examiner : Provided that where it appears to the Court or judge that the other party bona fide desires the production of a witness for cross-examination and that such witness can be produced an order shall not be made authorising the evidence of such wit- ness to be given by affidavit. [E. 483.] No. 6 of 1893, s. 242. Reading 264. An order to read evidence taken in another cause or teken"in other matter 'sha'l not be necessary but such evidence may saving all causes j^g^ exceptions be read by leave of the Court or judge. [E. 485 ] No. 6 of 1893, s. 242. Office copies admissable in evidence Impounded documents 265. Copies of all writs, records, pleadings and documents filed in court when certified by the clerk shall be admissible in evidence in all causes and matters and between all persons or parties to the same extent as the original would be admissible. [E, 486.] No. 6 of 1893, s. 243. 266. Imi'ounded documents while in the custody of the court are not to be parted with; and are not to be inspected except on a written order signed bj^ the judge on whose order they were impounded ; or in case of documents impounded on the order of the Court en banc by an order of that court such documents shall not be delivered out of the cnstody of the court except on an order made on motion in open court. No. 6 of 1893, s. 244. 244 1898 JUDICATURE Cap. 21 59 II. — Examination of Witnesses. 267. The Court or judge may in any cause or matter when orderfor it shall appear necessary for the purposes of justice make any of^tnees"" order for the examination upon oath viva voce or by interroga- tories in writing before the Court or judge or any officer of the court or any other person and at any place of any witness or person and may empower any party to any such cause or mat- ter to give such deposition in evidence therein on such terms if any as the Court or judge may direct. [E. 487.] No. 6 of 1893, s. 245. 268. The Court or judge may in any cause or matter at any Order for stage of the proceedings order the attendance of any person for ot documents the purpose of producing any writings or other documents named in the order which the Court or judge may think fit to be produced : Provided that no person shall be compelled to produce under any such order any writing or other document which he could not be compelled to produce at the hearing or trial. [E. 489.] No. 6 of 1893, s. 246. 269. Any person wilfully disobeying any order requiring Disobedience his attendance for the purpose of being examined or of produc- ° ""^ ^^ ing any document shall be deemed guilty of contempt of court and may be dealt with accordingly. [E. 490.] Mo. 6 of 1893, s. 247. 270. Any person required to attend for the purpose of being Conduct examined or of producing any document shall be entitled to the"^"""'' like conduct money and payment for expenses and loss of time as upon attendance at a trial in court. [E. 491.] No. 6 of 1893, s. 249. 271. Where any witness or person is ordered to be examined copy of before any officer of the court or before any person appointed Eetonished for the purpose the person taking the examination shall be®^^™™®' furnished by the party on whose application the order was made with a copy of the proceedings in the cans- or with a copy of the documents necessary to inform the person tiiking the examination of the que.'itions at issue between the parties. [E. 492.] No. 6 of 1893, s. 250. 272. The examination shall take place in the presence of the Conduct of parties, their counsel, advocate or agent and the witnesses sliall be subject to cross-examination and re-examination. [E. 493.] No. 6 of 1893, s. 251. 273. The depositions taken before an officer of the court or Depositions, before any other person appointed to take the examination yha]l™°'^®°"^™^ be taken down in writing by or in the presence of the examiner not ordinarily by question and answer but so as to represent as neariy as may be the statement of the witness and when coni-^^^^.^ ^^^ pleted shall be read over to the witness and signed by him in signatures 245 60 Cap. 21 JUDICATURfe CO. the presence of the parties or such of them as may think fit to attend. If the witness shall refuse to sign the depositions the examiner shall sign the same. The examiner may put down Que^tion.s and any particular question or answer if there should appear any special reason for doing so and may put any question to the witness as to the meaning of any answer or as to any matter Objections arising in the course of the examination. Any questions which may be objected to .shall be taken down by the examiner in the depositions and he shall state his opinion thereon to the advo- cates or parties and shall refer to such statement in the deposi- tions but he shall not have the power to decide upon the materiality or relevancy of any question. [E. 494.] No. 6 of 1893, s. 252. Disobedience of "witness 274. If any person duly summoned by subpoena to attend for examination shall refuse to attend or if having attended he shall refuse to be sworn or to answer any lawful question a certificate of such refusal signed by the examiner shall be filed in court and thereupon the party requiring the attendance of the witness may apply to the Court or judge ex parte or on notice for an order directing the witness to attend or to be sworn or to answer any question as the case mav be. [E. 495.] No. 6 of 1893, s. 253. Objections by witness 275. If any witness shall object to any question which may be put to him before an examiner the question so put and the objection of the witness thereto shall be taken down by the ex- aminer and transmitted by him to the court to be there filed and the validity of the objection shall be decided by the Court or judge. [E. 496.] No. 6 of 1893, s. 255. Witness disobeying subpoena Wari'ant for aiTest 276. If it shall be made to appear to the judge that a witness has been duly served with a subpoena and his fees for travel and attendance paid or tendered to him and that such witness refuses or neglects to attend to give evidence as required by his .subpoena and that his evidence is necessary and material it shall be lawful for the judge in addition to any powers which he may possess for the punishment of such witness to issue a warrant under his hand and seal directed to any sheriff or other officer or officers for the immediate arrest of such witness to be brought before the Court or person authorised to hear the evidence for the purpose of giving evidence in the cause. No. 6 of 1893, s. 254. Costs against 277. In any case under the three last preceding rules the m^tness"^" Court or judge shall have power to order the witness to pay any costs occasioned by his refusal or objection. [E. 497-] No. 6 of 1893, s. 256. Return of depositions 278. When the examination of any witness before any ex- aminer shall have been concluded the original depositions auth- enticated by the signature of the examiner shall be returned by him to the clerk of the court to whom the same is returnable and by him shall be filed. [E. 498.] No. 6 of 1893, s. 257. 246 1S98 JUDICATURE Cap. 21 61 279. The person taking the examination of a witness unler Special report the provisions of this onier may and if need be shall make a 5'^^^™'"®'' special report to the Court touching such examination and the conduct or ah.sence of my witness or other peison tlurcon and the Court or judge may dinjct such proceedings and make such order as up in the report tliey or he may think just. [E. 499.] No. 6 of 1893, s. 258. 280. Except where it is otherwise provided or niaj' be di- Depositions, rected by the Court or judge no deposition shall be given in evi- evidence dence at the hearing or trial of the cause or matter without the consent of the party against whom the same may be offer-ed unless the Court or judge is satisfied that the deponent is dead or beyond the jurisdiction of the Court or unable from sickness or other infirmity to attend the hearing or trial in any of which cases the depositions certified under the hand of the person tak- ing the examination shall be admissible in evidence saving ail just exceptions without proof of the signature to such certifi- cate. [E. 500.] No. 6 of 1X93, s. 259. 281. Any officer of the court or other person directed to takeoaths the examination of any witness or person may administer oaths. [E. 501.] No. 6 of 1893, s. 260. 282. Any party in any cause or matter may bj'- subprena Examination ad testificanduvi or duces tecum require the attendance of any p°o^||^^^gg witness befoi'e an officer of the court or other person appoint- '" cause ed to take the examination for the purpose of using his evi- dence upon any proceeding in the cause or matter in the like manner as such witness would be bound to attend and be ex- amined at the hearing or trial ; and any party or witness hav- Cross ing made an affidavit to be used or which shall be used on any on'^affldavit" proceeding in the cause or matter shall be bound on being served with such subpoena to attend before such officer or per- son for cross-examination. [E. 502.] No. 6 of 1893, s. 261. 283. Evidence taken subsequently to the hearing or trial of Evidence any cause or matter shall be taken as nearly as n,ay be in the trfef" ^"®'' same manner as evidence taken at or with a view to a trial. [E. 503.] No. 6 of 1893, s. 262. 284. The practice with reference to the examination, cross- Practice on exanaination and re-examination of witnesses at a trial shall ex- evidence tend and be applicable to evidence taken in any cause or mat- ter at any stage. [E. 504.] No. 6 of 1893, s. 263. 285. The practice of the court with respect to evidence at a special trial when applied to evidence to be taken before an officer of to'ukiSg^ ^^ the court or other person in any cause or matter after the hear- evidence ing or trial shall be subject to any special directions which may be given in any case. [E. 505.] No. 6 of 1893, s. 264. 286. No affidavit or deposition filed or made before issue Notice to use joined in any cause or matter shall without special leave of the'' 62 Cap. 21 JUDICATURE C. 0. depositions at trial Evidence at liial, subsequent use of Court or judge be received at the hearing or trial thereof un- less within one month after the cause is at issue or within such longer time as may be allowed by special leave of the Court or a judge notice in writing shall have been given by the party intending to use the same to the opposite party of his intention in that behalf. [E. 506.] No. 6 of 1893, s. 265. 287. All evidence taken at the hearing or trial of any cause or matter may be used in any subsequent proceedings in the cause or matter. [E. 507.] No. 6 of 1898, s. 266. Subpcena for witness in chambers III. — Subpcena. 288. When a subpoena is required for the attendance of a witness for the purpose of proceedings in chambers such sub- pcena shall issue from the clerk's office upon a note from the judge. [E. 510.] No. 6 of 1893, s. 267. Service of subpoena Action to perj^etuate testimony 289. The service of a subpoena shall be effected by deliver- ing a copy of the writ and of the indorsement thereon and at the same time producing the original writ. [E. 514.] No. 6 of 1893, s 268. , IV. — Perpetuating Testimony. 290. Any person who shall under the circumstances alleged by him to exist become entitled upon the happening of any future event to any office or to any estate or interest in any property real or personal the right or claim to which cannot by him be brought to trial before the happening of such event may commence an action to perpetuate any testimony which may be material for establishing such right or claim. [E. 517.] Xo. 6 of 1893, s. 269. Witnesses 291. Witnesses shall not be examined to perpetuate testi- mony unless an action has been commenced for the purpose. [E. 519.] No. 6 of 1893, s. 270. Trial 292. No action to perpetuate the testimony of witnesses shall be set down for trial. [E. 520.] No. 6 of 1893, s. 271. ORDER XXVII. AFFIDAVITS AND DEPOSITIONS. icvirionceon ^93. Upon any motion, petition or summons evidence may motions, ctt. ijg given by affidavit ; but the Court or judge may on the application of either party order the attendance for ci'oss- examination of the persons making anj- such affidavit and may make such interim order or otherwise as appears neces- sary to meet the justice of the case. [E. 512.] No. 6 of 1893, s. 273. 248 Cross exauiiiiation 1898 JUDICATURE Cap. 21 63 294. Every affidavit shall be intituled in the cause or matter intiiuiing in which it is sworn ; but in every ease in which there is more ' than one plaintiff or defendant it shall be sufficient to state the full name of the tirst plaintiff or defendant respectively and that there are other plaintiffs or defendants as the case may be ; and the costs occasioned by any unnecessary prolixity in anv such title shall be disallowed. [E. 522.] No. 6 of 1893, s. 214,. 295. Affidavits shall be confined to such facts as the witness Affidavits is able of his own knowledge to prove except on interlocutory faots"^ motions on which statements as to his belief witli the grounds statements thereof may be admitted. The costs of every affidavit which °' ^®'"'' shall unnecessarily set forth matters of hearsay or argumenta- tive matter or copies of or extracts from documents shall be paid by the party filing the same. [E. 523.] No. 6 of 1893, s. 275. 296. Affidavits sworn in the North-West Territories shall beofflcersfor sworn before a judge, clerk of the court or deputy clerk, notary "'^^^^ public, justice of the peace or commissioner empowered to ad- minister oaths. [E. 524] No. 6 of 1893, s. 276. 297. Every person administering oaths shall express the time Jurat: time when and the place where he shall take any affidavit or recog- o" oath'^'' nizance ; otherwise the same shall not be held authentic nor be admitted to be filed without the leave of the Court or judge. [E. 52.5.] No. 6 of 1893, s. 277. 298. All examinations, affidavits, declarations, affirmations officers for and attestations in causes or matters depending in the Supreme Territories* Court may be sworn and taken out of the North-West Terri- tories in any part of the Dominion of Canada, or in Great Bri- tain or Ireland, or the Channel Islands, or in any colony, island, or plantation, or place under the dominion of Her Majesty in foreign parts before any judge, court, notary public or person lawfully authorised Lo administer oaths in such country, colony, island, plantation or place respectively or before any of Her Majesty's consuls or vice consuls in any foreign part out of Her Majesty's dominions or before a judge of a court of record or a notary public under his hand and seal or before a commissioner appointed for the pui'pose of taking affidavits outside of the North-West Territories to be used within said Territories or a commissioner duly appointed by the judge for such purpose and the judges and other officers of the Supreme Court shall take judicial notice of the seal or signature as the case may be of any such court, judge, notary public, person, consul or vice consul, attached, appended or subscribed to any such examinations, affidavits, affirmations, attestations and declarations. [E. 526.] No. 6 of 1893, s. 278. 299. Every affidavit shall be .drawn up in the first person Form of and shall be divided into paragraphs and every paragraph shalP'"''^'^'''''' be numbered consecutively and as nearly as may be shall be confined to a distinct portion of the subject. No costs shall be 249 64 Cap. 21 JUDICATTJEE CO. allowed for any affidavit or part of an affidavit substantially departing from this rule. [E. 527.] No. 6 of 1893, s. 279. Description of deponent Signature 300. Every affidavit shall state the de.scription and true place of abode of the deponent and shall be signed by him. [E. 5^8.] No. 6 of 1893, s. 280. Affldavits by several deponents 301. In every affidavit made by tv^o or more deponent.^ the names of the several persons making the affidivit shall be in- serted in the jurat except that if the affidavit of all the depo- nents is taken at one time by the same officer it shall be suffi- cient to state that it was sworn by both or all of the " above- named " deponents. [E. 529.] No. 6 of 1893, s. 281. Affidavits, etc. to be filed 802. Every affidavit used in a cause, matter or proceeding shall be filed. [E. 530.] No. 6 of 1893, s. 282 ; No. 12 of 1898, s. 12. Scandalous matter Alterations in aifidavits 303. The Court or judge may order to be struck out from any affidavit any matter which is scandalous and may order the costs of any application to strike out such matter to be paid by the offending party. [E. 531.] No. 6 of 1893, s. 283. 304. No affidavit having in the jurat or body thereof any in- terlineation, alteration or erasure shall without leave of the Court or judge be read or made use of in any matter depend- ing in court unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the officer taking the affidavit nor in the case of an erasure unless the words or figures appearing at the time of taking the affidavit to be writ- ten on the erasure are written and signed or initialled in the margin of the affidavit by the officer taking it. [E. 532.] No. 6 of 1893, s. 284. Affidavits by illiterate or blind person Use of defective affidavits Office copies 305. Where an affidavit is sworn by any person who appears to the officer taking the affidavit to be illiterate or blind the officer shall certify in the jurat that the affidavit was read in his presence to the deponent, that the deponent seemed per- fectly to understand it and that the deponent made his signa- ture or mark in the presence of the officer. No .such affidavit shall be used in evidence in the absence of this certificate un- less the Court or judge is otherwise satisfied that the affidavit was read over to and appeared to be perfectly understood by the deponent. [E. 533.] No. 6 of 1893, s. 285. 306. The Court or judge may receive any affidavit sworn for the purpose of being used in any cause or matter notwithstand- ing any defect by misdescription of parties or otherwise in the title or jurat or any other irregularity in the form thereof and may direct a memorandum to be made on the document that it has been so received. [E. 534.] No. 6 of 1893, s. 286. 307. A copy of an affidavit may in all cases be used the ori- ginal affidavit having been previously tiled and the copy duly 250 1898 JUDICATURE Cap. 21 65 authenticated with the certificate of the clerk with the seal of the court. [E. 535.] No. 6 of 1893, s. 287. 308. No affidavit shall be sufficient if sworn before the advo- Affidavit cate acting for the party on whose behalf the affidavit is to be |dvocate*°™ used or before any agent of such advocate or before the party °'" ^s""' himself. [E. 536.] No. 6 of 1893, s. 288. 309. Any affidavit which would be insufficient if sworn be- or clerk or fore the advocate himself shall be insufficient if sworn before p"''*"®'' his clerk or partner. [E. 537.] No. 6 of 1893, s. 289. 310. Where a special time is limited for filing affidavits no Time limited affidavit filed after that time shall be used unless by leave of '"'' "''"s; the Court or judge. On motions founded on affidavits either Affidavits in party may by leave of the Court or judge make affidavits in '*"'^^'^'' answer to the affidavits of the opposite party as to new matter arising out of such affidavits. [E. 538.] No. 6 of 1893, s. 290. 311. Except by leave of the Court or judge no order made Affidavits on ex parte in court founded on any affidavit shall be of any force motions unless the affidavit on which the application was made was actually made before the order was applied for and produced or filed at the time of making the application. [E. 539.] No. 6 of 1893, s 291 ; No. 12 of 1898, s. 13. 312. All affidavits which have been previously made and Use in read in court upon any proceedings in d cause or matter may be affliSvits used used before a judge in chambers. [E. 541.] No. 6 of 1893, s. 293. ^" '=°"''' 313. Affidavits of service upon any party must state when. Affidavits where and how and by whom such service was effected. [■£_ of service 1020.] No. 6 of 1893, s. 294. 314. Every alteration in an account verified by affidavit Alterations shall be marked with the initials of the commissioner or officer a^TOuJaf*^ before whom the affidavit is sworn and such alteration shall not be made by erasure. [E. 542.] No. 6 of 1893, s. 295. 315. Accounts, extracts and other documents referred to by Exhibits, affidavit shall not be annexed to the affidavit or referred to in reference to the affidavit as annexed but shall be referred to as exhibits. [E. 543.] No. 6 of 1893, s. 296. 316. Every certificate on an exhibit referred to in an affi- certificate davit signed by the com-Tiissioner or officer Ijefore whom the affidavit is sworn shall be marked with the short title of the cause or matter. [E. 544.] No. 6 of 1893, s. 297. ORDER XXVIII. MOTION FOR JUDGMENT. 317. Except where it is otherwise provided that the judg- Judgment ment may be obtained in any other manner the judgment of °" ""^ '°" 251 66 Cap. 21 JUDIOATtTEE CO. the Court shall be obtained by motion for judgment. [E. 559.] No. 6 of 1893, s. 298. Judgment on findings of Jury Setting aside 318. Where at or after a trial with a jury the judge has directed that any judgment be entered any party may apply to set aside such judgment and enter any other judgment on the ground that the judgment directed to be entered is wrong by reason that the finding of the jury upon the questions submitted to them has not been properly entered. [E. 561.] No. 6 of 1893, s. 29J. Setting aside judgment directed to be entered by judge 319. Where at or after a trial by a judge either with or with- out a jury the judge has directed that any judgment be entered any party may apply to set aside such judgment and enter any other jude;ment upon the ground that upon the finding as entered the judgment so directed is wrong. [E. 562.] No. 6 of 1893, s. 300. Application 320. An application under the two next preceding rules shall T.n p.miT'T, fin j. j. l o to court en ^^ ^^ ^^^ ^^^^^ ^^ ^^^ ^^ ^^^^ ^,^ ^ ^^ ^^^^^ ^ ^^^ Setting down motion for judgment after issues tried 321. When issues have been ordered to be tried or issues or questions of fact to be determined in any manner the plaintiff may set down a motion for judgment as soon as such issues or questions have been determined. If he does not set down such a motion and give notice thereof to the other parties within ten days after his right so to do has arisen then after the expiration of such ten days any defendant may set down a motion for judg- ment and give notice thereof to the other parties. [E. 565.] No. 6 of 1893, s. 302. Motion for judgment After trial 322. When issues have been ordered to be tried or issues or issuesordered. questions of fact to be determined in any manner and some only of such issues or questions of fact have been tried or determin- ed any party who considers that the result of such trial or determination renders the trial or determination of the others of them unnecessary or renders it desirable that the trial or determination thereof should be postponed may apply to the Court or judge for leave to set down a motion for judgment without waiting for such trial or determination ; and the Court or judge may if satisfied of the expediency thereof give such leave upon such terms if any as shall appear just and may give any directions which may appear desirable as to postponing the trial of the other issues of fact. [E. 566.] No. o of 1893, s. 303. Motion to 323. No motion for judgment shall except by leave of the ^rithinone" Court or judge be set down after the expiration of one year year from the time when the party seeking to set down the same first became entitled so to do. [E. 567.] No. 6 of 1893, s. 304. Motion for judgment or new trial Inferences of fact, etc 324, Upon a motion for judgment or upon an application for a new trial the Court may draw all inferences of fact not incon- sistent with the finding of the jury and if satisfied that it has before it all the materials necessary for finally determining the 252 189S JUDICATURE Cap. 21 67 questions in dispute or any of them or for awarding any relief sought give judgment accordingly or may if it shall be of opin- ion that it has not sufficient materials before it to enable it to give judgment direct the motion to stand over for further con- sideration and direct such issues or questions to be tried or determined and such accounts and inquiries to be taken and made as it may think fit. [E. 568.] No. 6 of 1893, s. 305. 325. When it is made to appear to the Court or judge on the court or judge hearing of any application which may be pending before the ™ p^j^^o^^"^ Court or iudge that it will be conducive to the ends of iusticei'® Jyirned into ■ •. 11 /~i • ^ f !• .■ motion tor to permit it, the Court or judge may direct any apphcation to judgment or be turned into a motion for judgment or hearing of the cause or cause"^ ° matter ; and thereupon the Court or judge may make such order as to the time and manner of giving the evidence in the cause and matter' and with respect to the further prosecution thereof as the circumstances of the case may require ; and upon the hearing it shall be discretionary with the Court or judge to either pronounce a judgment or make such order as the Court or judge deems expedient. No. 6 of 1893, s. 306. 326. Where at any time after the writ of summons has been Court or judge issued it is made to appear to the Court or judge on an ex pa?'<« ™rrice o™^' application that it will be conducive to the ends of justice to ^*j?^^°|gj. permit a notice of motion for a judgment to be forthwith served judgment the Court or judge may order the same accordingly and when appearance such permission is granted the Court or judge is to give direc- tions as to the service of the notice of motion and affidavits as may be expedient. Upon the hearing of such motion the Court or judge instead of either granting or refusing the application may give such directions for the examination of either parties or witnesses or for the making of further inquiries or with re- spect to the further prosecution of the suit as the circumstances of the case may require and upon such terms as to costs as the Court or judge think right. No. 6 of 1893, s. 307. ORDER XXIX. JUDGMENT AND ENTRY OF JUDGMENT. 327. Except where otherwise provided every order or decree Recording and every other judgment that the judge may so direct shall andjiicigmente be entered by the proper officer at length in a book to be kept for such purpose properly indexed and a copy of such entry certified certified by the proper officer under the seal of the court shall e??dence be received for all purposes as of the same force and effect as such original order, decree or judgment. No. 6 of 1897, s. 1 (34). 328. When any judgment is pronounced by the Court or Judgment to judge the entry of judgment shall be dated as of the day oualofdate which such judgment is pronounced unless the Court or judge p™"°™'^<"1 shall otherwise order and the judgment shall take effect from that date : 253 68 Cap. 21 JUDlCATUEl: CO. Provided that by special leave of the Court or iudgje a judg- ment may be antedated or postdated. [E. 571.] No. 6 of 1893, s. 308. Date of entry 329. In all cases not within the last preceding rule the entry in other cases ^f judgment shall be dated as of the day on which the requisite documents are left with the proper officer for the purpose of such entry and the judgment shall take effect from that date. [E. 572.] No. 6 of 1893, s. 310 ; No. 5 of 1894., s. 10. 330. Every judgment or order made in any cause or matter requiring any person to do an act thereby ordered shall state the time or the time after service of the judgment or order within which the act is to be done and upon the copy of the judgment or order which shall be served upon the person re- quired to obey the same there shall be indorsed a memorandum in the words or to the' effect following namely : ' If you the within named A.B. neglect to obey this judgment to be Indorsed (q^. order) by the time therein limited you will be liable to process of execution for the purpose of compelling you to obey the same judgment (or order)." [E. 573.] No. 6 of 1893, s. 31 1. Time to be stated for doing any act ordei^ed to be done Memorandum Entry of 331. Where it is provided that any judgment may be enter- proluetion of ed upon the filing of any affidavit or production of any docu- d^ument'^ ment the clerk shall examine the ffffidavit or document pro- duced and if the same be regular and contain all that is by law required he shall enter judgment accordingly. [E. 574.] No. 6 of 1893, s. 312. Entry on production of order or certificate 332. When any judgment may be entered pursuant to any order or certificate or return to any writ the production of such order, certificate or return shall be sufficient authority to the officer to enter judgment accordingly. [E. 575.] No. 6 of 1893, s. 313. Consent judgment 333. In any cause or matter where the defendant has appear- ed by advocate no order for entering judgment shall be made represented ^^ consent Unless the consent of the defendant is given by his advocate or agent. [E. 577.] No. 6 of 1893, s. 314. Consent judgment Defendant in person 334. When the defendant has not appeared or has appeared in person no such order shall be made unless the defendant attends before a judge and gives his consent in person or unless his written consent is attested by an advocate acting on his behalf. [E. 578.] No. 6 of 1893, .s. 315. Satisfaction of judgment 335. Satisfaction of a judgment shall be signed by the plain- tiff aad his personal representatives or by an advocate specially authorised for that purpose in writing unle.ss the judge on special cii'cumstances set forth by affidavit dispense with such authorisation. No. 6 of 1893, s. 31j6. 254 1898 JUDICATURE Cap. 21 6y ORDEE XXX. EXECUTION. I. — Execution Generally. 336. Where any person is by order directed to pay any judgment or money or deliver up or transfer any property real or personal obeyed" ^^ to another it shall not be necessary to make any demand there- ^^^"^^^ of but the person so directed shall be bound to obey such order upon beinw duly served with a copy of the same without de- mand. [E. 579.] No. 6 of 1893, s. 317. 337. Where any person who has obtained any judgment or conditional order upon condition does not perform or comply with such •''^'^^'"®°* condition he shall be considered to have waived or abandoned such judgment or order so far as the same is beneficial to him- self and any other person interested in the matter may on Bi-eacii or non- breach or nonperfi>rmance of the condition take either such pro- 'f ""goJ^IJJfjf ceedings as the judgment or order may in such case warrant or such proceedings as might have been taken if no such judg- ment or order had been made unless the Court or judge shall otherwise direct. [E. 580.] No. 6 of 1893, s. 318. 338. Every person to whom any sum of money or any costs Execution shall be payable under a judgment or order so soon as the money payment of or costs shall be. payable shall be entitled to sue out one or™™^^ more wi'it or writs of .^eri./ixcias to enfoi-ce payment thereof subject nevertheless as follows : (a) If the judgment or order is for payment within a per- Where time iod therein mentioned no such writ as aforesaid shall j'ud^ent'' be issued until after the expiration of such period ; (V) The Court or a iudge mav at or after the time of giv-Stayof \ / ' ^ 'O-.^ , .. execution ing judgment or making an order stay execution un- til such time as they or he shall think fit. [E. 595.] No. 6 of 1893, s. 319 ; No. 6 of 1894, s. 11. 339. A judgment for the recovery or for the delivery or the Recovery possession of land may be enforced by writ of possession. [E. ° 583.] No. 6 of 1893, s. 320. 340. A judgment for the recovery of any property other than Recovery of land or money may be enforced by writ for deivery of the pro-"'''""' P^P^i'ty perty. [E. 584.] No. 6 of 1893, .s. 321. 341. A judgment requiring any person to do any act other judgment to than the payment of money f)r to aVistain from doing anything f°„^2Sy act may be enforced by writ if Iv N\'ere a party to sucl> cause or matter and any P' r.son not bein;j- .i party to ii causi' or niattei' against whom oljcdience to any jud_rri(nt or oT'der may lie enfoiced shall be liable to tlie same process for enforcing obedience to such jndginenr or ord( r as if he were a p'rty to such cause or mattei-. [E. ()04.] No. 6 of l.s9:], s. 332. Facts arisen too late to be pleaded Stay of execution n.5'2. No piYiceeding by audlfji' quc.'cla sh.-dl hereafter be used ; but an\- paity aj-ainst whom a judgment has been given niiiv apply to the judje for a stay of exofutiim or other relief against snch judgment upf>n the gmund of facts which have aiisen teo late to be pleadi-d and the judge may give such VI lief and npoD such terms as may be just. [E. LiOo.] No. 6 of ]>9a, s 333; No. G of 1897, s. 1 (36).' 853, If a mandamus granted in an action or othei'wi.se or a or judgment for the specific per- Court may order act to , . , . . - . bedoneat mandatory ordei-, injunction expenseof formance of any fontrai t be not complied wiih the Ci'urt or party refusing judge besides or instead of proceedings against the di-^obfdient party for contempt may dii-ect that the act required to be done may be done so far as practicable by tlie party by whom the judgment or order has b' en obtained or some other person to he appointed by the Coui-t or juduc at the cost of the dis- obedient party and upon the act being done the expenses incurred may be ascertained in such manner as the (^ourt or jnda-e may direct and execution may issue for the amount so ascertained and co.-ts. [E. 608.] No. 6 of 1893, s. 334. Enforcement of .iudgjnent against corporation 3-^4. Anjr judgment or order against a corporation wilfully disobeyed may bv leave of the Court or judge be enft)rced by execution against the corporate property or by attachment of the persons of the airectors or other officers. [E. 609.] No. 6 of 18:j3, s. 335. Forms of execution 3.'."', 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 judg.- on ex parte application. No 6 of 1897, s, 1 (37). No. 6 of 1893, .s. 336 ; Effect of 350. Except as hoeinafte'' mentioned every writ of execution sberiff's hands against goods and chattels shall at and from the time of its de- goofs'of'^' hvorv to the sheriff to be executed bind all the eoods and debtOT*^"' chattels or any interest in all the goods and chattels of the judgment debtor within the judicial district of the said sherift and shall take priority to any chattel mortgage, bill of sale or "258 1898 JUDICATURE Cap. 21 73 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 Sales Ordiiiance has not taken effect prior to 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. No. 7 of 1895, s. 2. 357. No sale of personal property seized under any writ of ^°*H|>°gai execution or process shall be made without such sale being ad- vertised for at least ten days by public notice thereof describ- ing the property to be sold copies of which notice shall be posted in the ofJices 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 provided the same may be sold forthwith. No. 6 of 1893, s. 338. 358. On any writ of execution against goods and chattels the Equity of sheriff charged with the execution of the same may seize and in goods 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 interest the mortgagor had in such goods and chattels at the time of the seizure. No. 6 of 1893, s. 339. 359. The sheriff having the execution of any writ of execu- Seizure of tion against goods may seize any money or bank notes, any Siltes.'che^quea, 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 sums secured thereby when the time of payment thereof has arrived and on payment execute and give valid discharges therefor but no such sheriff or other party shall be bound to sue any party liable upon any such cheque, bill of exchange, pro- missory note, bond, specialty or other security unless the party who sued out the execution fm-nishes sufficient security to in- demnify him from all costs and expenses to be incurred in the prosecution of the action or to which he may become liable in consequence thereof. No. 6 of 1893, s. 341. 360. The officer charged with the execution of any writ of seizure of execution against goods may seize thereunder any registered ^g^^*„|5g|^to mortgage in favour of the execution debtor whether upon lands debtor or chattels by delivering a notice in writing of such seizure to the registrar or clerk in the office where such mortgage is regis- 17^ 259 74 Cap. 21 JUDICATURE C. 0. Entry in register Notice to mortgagor tered ; but no such mort^jagfe shall he affected or charged by any- writ of execution until delivery of such notice. ('?) 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. No. 6 of 1897, s. 1 (88). Transfer of 361. The transference by the sheriff to the execution creditor disolM^e's*''" of any cheques or property named in Rule 359 shall discharge siienff ^jjg sheriff to the extent of the amount due on and secured thereby. No. 6 of 1893, s. 342. Payment by .slieriff of moneys realisod 362. Subject to the provisions of The Creditors' Bslief 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 ex-penses. No. 6 of 1893, s. 343. 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. No. 6 of 1893, s. 344. Issue of execution lands Sale of lands Time for Advertise- ment of 364. Kwy person who becomes entitled to issue a writ of execution against goods may at or after the time of issuing the same issue a writ of execution against the lands of the person liahile in any judicial district provided that not less than SoO 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 agHinst 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 sucli sale has been posted in a conspicuous place in the sheriff's and clerk's offices respectively and published two months in the newspaper nearest the lands to "be sold. (^) Where more than one newspaper is published in the same locality the notice of .sale may be published in either one No. 6 of 1893, s. 345. 365. No sale shall be had under any execution against lands until nfter a return of nulla bona in whole or in part with respect to an execution against goods in the same suit or Ad.iournment matter by the same officer. Where there are no bidders or no sufficient bid has been offered for the land to be sold as afore- 2C0 Return nulla, horia before sale of lands of sale 1898 JUDicATaRE Cap. 21 75 said the sheriff may adjourn such sale from time to time and a notice o£ 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. j^o. 6 of 1893, s. 346. S66. In cases where the sheriff or other ofEcer shall sell Form of lands under execution for which a certificate of title has not cerUflcatco?''^ been granted a transfer executed by him in the form prescribed ^ntg*^ 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. No. 6 of 1893, s. 347. 367. No sheriff shall make any return of nulla bona either Return nulla 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. No. 6 of 1893, s. 348. 368. If the amount authorised to be made and levied under if money the writ against goods is made and levied thereunder the per- [JJfj'Ji^jj™ ^°°'^^ son issuing: the writ against lands shall not be entitled to the pecntion expenses thereof or of any seizure or advertisement thereunder and the return to be made by the officer charged with the exe- Return in such cution of the writ against lands to such writ shall be to the'^^"'' effect that the amount has been so made and levied as afore- said. No. 6 of 1893, s. 349. 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. No. 6 of 1893, s. 351. 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 jJ^op,fj!i-^y°^,. or judge may upon the application of the plaintiff or person ei^" ™ggX'eci viiue titled 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 value with or without costs in either instance as may be just and for such purpose separate writs may be issued for the costs. [E. 647.] No. 6 of 1893, s. 352. ,371. A judgment or order that a party do recover possession Writ of of any land or that any person therein named do deliver up recovery of °^ possession of any land to some other person may, without any ^^""^ order for such purpose, after fifteen days from the t>ntry of the judgment or service of a copy of the order, be enforced by a writ of possession. [E. 644 and 645.] No. 6 of 1«93, s. 353. 372. Upon any iudgment or order for the recovery or deliv- Execution for f . J J„ " , , , , ,1 I •i.i, recovery of ery of possession oi any land and costs there may be either one land and costs 261 76 Cap. 21 JUDICATURE CO. writ or separate writs of execution for the recovery of posses- sion and for the costs, at the election of the successful party. [E. 646.] No. 6 of 1893, s. 354. II. — Poundage, Interest, &c. Levy of 373. Upon any execution against lands or goods the sheriff ifoundageand m^y in addition to the sum recovered by the judguient levy expenses the poundage fees, expenses of the execution and interest upon the amount so recovered from the time of entering the judgment. No. 6 of 1893, s. 355. Povindage : amount chargeable 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 shei'iff shall be entitled to the fees and expenses of execution and poundage only on the value of the property seized not exceeding the amount indorsed on the writ or such less sum as a judge of the court out of which the writ issued may deem reasonable under the circumstances of the case. Any party interested may apply to the judge to fix such sum either before or after taxation of the sheriff's bill of costs, charges and expenses or on review or ap- peal from such taxation. No. 6 of 1893, s. 356 ; No. 6 of 1897, s. 1 (40J. Sheriff's charges where satisfaction obtained under writ in other jxidicial district 375. In the case of writs of execution upon the same judg- ment to several judicial districts wherein the personal estate of the judgment debtor or debtors has been seized or advertised but not sold by reason of satisfaction having been obtained under or by virtue of a writ in some other judicial district and no money has been actually made on such execution the sheriff shall not be entitled to poundage but to mileage and fees only for the services actually rendered and performed by him and the Court or any judge thereof may allow him a reasonable charge for such services in case no special fees therefor are assigned in any tariff of costs. No. 6 of 1893, s. 357. Sheriff's charges on withdrawal, stay, etc., of execution 376. Upon the settlement of an execution either in whole or in part by payment, levy or otherwise or upon the withdrawal, stay or setting aside of an execution the sheriff or officer claim- 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 bill in detail to the applicant. Such biU shall be taxed by the clerk of the court upon the applicant obtaininsr and serving an appointment for such taxation. No. 6 of 1893, s. 359 ; No. 6 of 1897, s. 1 (42). 262 1898 JUDICATURE Cap. 21 77 377. Xo sheriff shall collect any fees, costs, poundage or in- Sherifl?'s costs cidi.ntal expenses after having been requirpil to have the s.mie taxed without taxation; and upon tendei' of the amount taxed Tender no fees, costs, poundnge or incidental exp 'nses in respect of pro- ceedings subsequently taken shall be allowed to any sheriff. No. 6 of 1893, s. 360. 378. It shall be the duty of every t;ixing officer above re -Duty of ferred to to grant an appointment for the taxation of and j^q'^^^™^" -^^'^ tax the bills of costs presented to him for taxation as herein required upon payment or tender of his fees and to give when reque.sted a certificate of aufh taxation and the amount there- of. No. 6 of 1893, s. 361 ; No. 6 of lcS97, s. 1 (4S). 379. Either party dissatisfied with the taxation rnay appeal Revision of to a judge for a revision of such taxation. No. 6 of 1893, s. 363. t^^-^'io" ORDER XXXI. DISCOVERY IN AID OF EXECUTIONS. 380. When a judgment or order is for the recovery or pay- Examination ment of monej the party entitled t^) enforce it may a.pply to a^ebtofOT""* judge ex parte for an order that tbe debtor liable under «uch °^°^^°j*.gjj judgment or order or in the Cfise of a coj-p )ratioii that any offi- cer thereof be orally examined as to whethei- any fin I what debts are owing to the debtor and whether the debtor has any and what property ov means of satisfying thi' ju Igment or or- der before the judge or whom he may ap|joint; and tlie judge may make an order for the attendance and e.Kauiination of such debtor or other person before tlie clerk of the coiii't oi- other person to be named in the order and for the production of any books or documents. (^) Where iudyment has bi^en obtained as aforesaid the Examination 1 i''i*i of clGrk or Court or judge may cxparteon the application ot the party en- employee, titled to enforce the judg.nent order any clerk or employee or'f^jdCTk former clerk or employee of the judgment deiitor or any person or transferee or officer or officers of any corporation to whom the debtor has property made a transfer of his propi'rty or effect'* since the d ta when the liahility 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 oaih 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 thejudgment and as to the disposal he has made of any property since con- tracting the debt or incurring tbe liability and as to any and what debts are owing to him. (3) The examination is to be for tlie purpose of di-icovo-ry Useof } ' , 1 ■ , 1 I ii '1 • I examination only and no order is to be made on the evide)ice given on such examination but any such examination may be rca 1 on any 263 VS Cap. 21 JUDICATURE C. 0. subsequent proceedings between the same parties or between the execution creditor and any transferee of the property or efFecta of the execution debtor or in any proceeding to obtain payment directly or indirectly whether by attachment of debts, eijuitable execution or otherwise. [E. 610.] No. 6 of 1893, s. yt;4 ; Xo. 6 of 1897, s. 1 (45). cnforrfn'"' 381. In case of a judgment or order other than for the re- jiKiijmeni covci'x' or payment of money if any difficulty arises in or about for moii'e" the execution or enforcement thereof any party 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. [E. 611.] ISo. 6 of 1893, s. 365; No. 6 of 1897, s. 1 (46). (.'ondii.i 3S2. 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 Pioiiiution uf testify and to produce books and documents in the same man- ruiiosot''" ner and subject to the same rules of examination and the .same consequences of neglecting to attend or refu.sing to disclose the matters in respect of which he may be examined as in the case of a witness on a trial. No. 6 of 1893, s. 366. 383. The costs of any application under this order and of any proceedings arising from or incidental thereto shall be in the discretion of the judge. [E. 612.] No. 6 of 1893, s. 367. examinnti Disobedicitue ORDER XXXII. ATTACHMENT OF DEBTS. snianion tea Issue ot 384. Any plaiutitf in an action for a d»bt or licfuidate demand before nr after judgment and any person who has obtained a judgment or order for the recovery or payment of money may issue a garnishee summons in the form or to the effect of form C in the schedule hereto. Such suunnons shall be issued by the clerk upon the plaintitf or judgment creditor, his advocate or agent filing an affidavit — ((/) Showing the nature and amount of the claim or judg- ment against the defendant or judgment debtor ami .swearing positively to the indebtedness of the de- fendant or judgment debtor to the plaintiff or judg- ment creditor ; {!)) Stating to the best of tlie deponent's information and belief that the proposed garnishee (naming him) is in debted to such defendant or judgment debtor. No. 6 of 1897, s. 1 (47). 204 .Mtidnvit tJiiicfiir & 1898 JUDICATURE (Jap. 21 79 385. Service of such summonH on the garnishee .shall bind service binds • debts any debt due or accruing due from the garnishee to the de- fendant or the judgment debtor. (-') The garnishee summons may be served whether on theMamuiof jarnishee, 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 garnishee summons. {■J) A copy of the garnishee summons shall be served on serviiu on the defendant or judgment debtor (or his advocate) within ^i^^^^'J^^^^^it ">■ twenty days after service on the garnishee or such further debtor time as a judge e.c parte may order. No. 6 of 1897, s. 1 (47) ; No. 12 of 1898, s. 38. 886. No order shall be made against the garnishee or for no order lo go payment out of any money paH into court by the garnishee SL'^it^if^untii' until at least ten days after the service of the said summons on etc. 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. {-:!) The defendant or judgment debtor or the garnishee or a ppiiciU ion any person claiming to be interested in the moneys attached ''.^i^f;-,^]';'!;!]'' may apply to a judge in chambers to set aside the garnishee summons. (J) 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. No. 6 of 1897, s. 1 {i7). 387. A garnishee paying money into court shall be entitled GarniKiiees to deduct therefrom his necessary disbursements and costs (not''"^ " exceeding $5) except when the debt due from him to the defen- dant or judgment debtor is larger than the amount of the plaintiff's claim and costs in which case the garnishee, may deduct such costs and disbursements out of the l)alance in his hands but if such balance is not sufficient to cover such disbursements and costs he may deduct the differ- ence from the amount to be paid into court. No. 6 of 1897, s. 1 (47). 388. The Government of the North- West Territories may be Xorth Wesi garnisheed under the provisions of this order with regard to ganfiSiment moneys due or accruing due to all persons permanently em- as™i«t ployed by the Government of the Territories. (.'1-) Such garnishee process shall be served upon the clerk of service the Legislative Assembly in his office. (J) This rule shall only apply to causes of action arising on wiien rule or after the first day of September in the year one thousand "■PPii^'^t'ie eight hundred and ninety-four. No. 5 of 1894, ss. 24, 25, 26. 265 so Cap. 21 JtJDICATUEE CO. Dispute by garnishee Default by 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 duo 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 fi-om such garnishee or so much thereof as may be sufficient to satisfy the judgment or order. [E. 624.] No. 6 of 1893, s. 370; No. 6 of 1897, s. 1 (48). 390. If the garnishee disputes 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 fix a time and place for summarily determining the ques- tion of liability or whether the debt is attachable as the case Trial ofissue may be; or may order that any issue or question necessarj' for determining 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 or determined and may direct who shall be the parties t'l such issue or question and any deter- mination under this section whether summarily or othei'wise shall form a judgment of the court and may be enforced as such. [E. 625.] No. 6 of 1897, s. 1 (-19). 391. If within two months after the appearance by the gar- plaintiff nishee the plaintiff does not proceed to have the question of AppiioaUon by liability determined as hereby pi-ovided the garnishee may apply for an order to set aside the garnishee summons. No. 6 of 1893, s. 372. Delay by ■ ■ -Aff garnishee Suggestion of claim of third party Procedure when third person suggested as entitled 392. Whenever it is suggested by the garnishee or any per- son claiming to be interested that the debt attached belongs to some third person or that any third person has a lien or charge upon it the judge may order- such third person to appear and state the nature and particulars of his claim upon such debt. [E. 626.] No. 6 of 1893, s. 373. No. 6 of 1897, s. 1 (50). 393. After hearing the allegations of any third person under such order as in the next preceding rule mentioned and of any other person whom by the same or any subsequent order the judge may order to appear or in case of such third person not appearing when ordered the judge may order execution to issue to levy the 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 tit upon such terms in all cases with respect to the lien or charge (if any) of such third person and to rosts as the judge shall think just and reasonable. [E. 627.] No. 6 of 1893, s. 374. 266 •1898 JUDICATURE Cap. 21 81 394. Payment made by or execution levied upon the garni- Garnishee .shee under any such proceeding as aforesaid shall be a valid by payment discharge 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. [E. 628.] No. 6 of 1893, s. 375. 395. The garnishee shall not be liable for the costs of the Costs in proceedings unless and in so far only as occas^ioned by setting |r™eedings up a defence which he knew or ought to have known was untenable; and the plaintiff or judgment creditor in garni.shee 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. No. 6 of 1893, s, 376. 396. No execution shall in any case issue to levy the money Execution owing from any garnishee until and so fur only as such money due money shall become fully due. No. 6 of 1893, s. 377. 397. No debt due or accruing due to a mechanic, workman, Exemption labourer, servant, clerk or employee for or in respect of his garaishment wages or salary shall be liable to seizure or attachment unless the said debt exceeds the sum of $25 and then only to the extent of the excess : Provided that nothing in this rule contained shall apply to Exception any case where the debt sued for or in respect of which the judgment was recovered has been contracted for board and lodging. No. 6 of 1893, ss. 378 and 379. ORDER XXXIII. INTERLOCUTORY ORDER.S AS TO MANDAMUS, INJUNCTIONS OR INTERIM PRESERVATION OF PROPERTY. 398. Applications for interlocutory orders for mandamus, interlocutory injunction or receiver or the interim preservation of property t^v'madT^' 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. No. 6 of 1897, s. 2. 399. When by any contract a prima facie case of liability is interim^ established and there is alleged as matter of defence a right to S^pTOperty" 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 267 82 Cap. 21 JUDICATURE C. 0. party at any time after his right thereto appears from the pleadings or, if there be no pleadings^ is made to appear by affidavit or otherwise to the satisfaction of the Court or judge. [E. 65V and 663.] No. 6 of 1893. s. 380 ; No. 6 of 1897, s. 1 (51). Order for sale 400. It shall be lawful for a judge on the application of any of goods, etc. py_j.f;y (jg makc auy order for the sale by any person or persons named in such order and in such manner and on such terms as the judge may think desirable of any goods, wares or merchan- dise which may be of a perishable nature or likely to injure from keeping or which for any other just or sufficient reason it may be desirable to have sold at once. [E. 658.] No. 6 of 1893, s. 381. Driuntion, 401-. It shall be lawful for a iudge upon the application of preservation ,, iii li. i or inspection any party to a cause or matter and upon such terms as may be of property j^gj. ^^ make any order for the detention, preservation or inspec- tion of any property or thing being the subject of such cause or matter or as to which any question may arise therein and for all or any of the purposes aforesaid to authorise any person to enter upon or into any land or building in the pos.session of any party to such cause or matter and for all or any of the purposes aforesaid to authorise any samples to be taken or any observa- tion to be made or experiment to be tried which may be neces- sary or expedient for the purpose of obtaining full information or evidence. [E. 659.] No. 6 of 1893, s. 382. Inspection ijy 402. It shall be lawful for the judge by whom any cause or ju gcorjurj j^j^f^^gj. 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 sheriti' 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. [E. 660 and 661.] No. 6 of 1893, s. 383. Order foi- 403. Where an action is brought to recover or a defendant speciti? "^ ^^ ^^^^ defence seeks by way of counterclaim to recover specific chattel property other than land and the party from whom such rcco- lien or very is sought does not dispute the title of the party seeking """"""' '"*" to recover the same but claims to retain the property by virtue nf 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 reco\er the property be at libei'ty to pay into court to abide the event of the action the amount of money in respect of which the lien or security is claimed and such further sum if any for interest and costs as such judge may direct and that upon such payment into court being made the property claimed be given up to the party claiming it. [E. 664.] No. 6 of 1893, s. 381 268 payn-enl ijito court; 189S JUDICATURE Cap. 21 83 404. Where any real or personal estate foi'ms the subject of Aiio|vanco out any proceedings in the court and the judge is satisfied that the pendente ufc 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 times as the judge shall direct. [E. 665.] No. 6 of 1893, s. 385. 405. An iniunction shall be by a judgment or order and any injunction such judgment or order shall have the effect which a similar judgment or order has in England. [E. 667.] No. 6 of 1893, s. 387. 406. In any cause or matter in which an injunction has been ^^g|J°^^*°" or might have been claimed the plaintiff may before or after wrongful act judgment apply for an injunction to restrain the defendant or contract respondent from the repetition or continuance of the wrongful act or breach of contract complained of or from the commission of any injury or lireach 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. [E. 668.] No. 6 of 1893, s. 388. MANDAMUS. 407. The plaintiff in any action in which he shall claim a Mandamus mandamus to command the defendant to fulfil any duty in the fulfilment of which the plaintiff is personally interested shall statement include the claim in his statement of claim. No. 6 of 1893, s. ° '^ '^™ 479. 408. If judgment be given for the plaintiff the Court or Order upon judge may by the judgment command the defendant either pe'f"i^Une°'' foi'thwith or on the expiration of such time and upon such terras 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. [E. 721.] No. 6 of 1893, s. 480. 409. In the event of noncompliance with the judgment as Enforcement aforesaid the same may be enforced bv prerogative mandamus as in England. No. 6 of 1893, s. 481." 410. No action or proceeding shall be commenced or prose- Protection of cuted against any person in respect of anything done in obedi- Snder '''^ '"^ ence to a judgment or or-der for a mandamus. [E. 730.] No. '"^n-i^^i^us 6 of 1893, s. 482 ; JNo. 12 of 1898, s. 22. 411. No writ of mandamus shall hereafter be issued in any Mandamus to action but a mandamus shall be by judgment or order which j^jj^^^^^j ^j. shall have the same effect as a similar judgment or order hasofiJer in England. [E. 722.] No. 6 of 1897, s. 1 (52). 269 84 Cap. 21 JUDICATURE ORDER XXXIV. CO. RECEIVERS. Receiver 412. Where an order is made directing a receiver to be ap- pointed unless otherwise ordered the person to be appointed Security shall first give security to be allowed by a judge duly to account for what he shall receive as such receiver and to pay the same as Remuneration the Court Or judge shall direct and the person so to be appoint- ed shall unless otherwise orderein be found; and in case the .said sheriff or other officer has good reason to sus- pect that the pT'operty to be replevied or any part thereof is secured, contained or concealed in any dwelling house, building or enclosnie of the defendant or of an\ other person keeping 01 holding the i^anje and the said sheriff or officer demands fiom tlie owner, occupier or other person in charge of the premises ab resaid deliverance of the said properfy and the sau)e .shall not be delivered upon such demand be niay and if necessary he shall (but only between sunrise and sunset) break open such premises and enter and ^earch the same for the purpose of re- plevying the property demanded and if found therein replevy the same. No. 6 of 1893, s. 404. Sheriff's return to "WTit 430. The sheriff shall make a return to the writ to the clerk of the court whence it i.ssued and shall annex to the return — 1. The names, places of residence and occupation of the sure- tics in and the date of the bond taken from the plaintiff and the names of the "witnesses thereto ; S. The number, quality nnd quantity of the articles of pro- perty replevied and in case he has replevied only a portion of the pi'operty mentioned in the writ and cannot replevy the re- sidue he shall state in his return the articles which he cannot replevy and the reason why not. No. 6 of 1893, s. 405 ; No. 5 of 1894, s. 17. 274 1898 JUDICATURE Cap. 21 89 ORDER XXXVII. INTERPLEADER. 431. Relief by way of interpleader may be granted — interpleader 1. Where the person seeking relief (hereinafter called the ap- cases in which 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 issued ; (6) 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 bene- fit of any exemptions from seizure allowed by law. No. 6 of 1893, s. 406 ; No. 12 of 1898, s. 10. 432. Where a claim is made to or in respect of any goods or sheriff's chattels taken in execution under the process of the court it c"aimto\e'^ shall be in writing and upon the receipt of the claim the sheriff ijp^^^*i.^s^jj^ or his officer shall forthwith give notice thereof to the execu- W execution tion creditor and the execution creditor shall within four days after receiving the notice give notice to the sheriff or his officer that he admits or disputes the claim. If the execution creditor admits the title of the claimant and gives .such notice he shall only be liable to such sheriff or officer for any fees and expenses incurred prior to the receipt of the notice admitting the claim. No. 6 of 1893, s. 407. 433. Where the execution creditor does not in due time as if claim not directed by the last preceding rule admit or dispute the title of abaudllfed!^ the claimant to the goods or chattels and the claimant does not gu^^nfong 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 execution credi- Admission or tor in like manner serve an admission of the title of the claim- after °"™''" ant prior to the return day of such summons and at the same summons time give notice of such admission to the claimant the judge may in and for the purposes of the interpleader proceedings make all such orders as to costs, fees, charges and expenses as costs may be just and reasonable. No. 6 of 1893, s. 408. 434. The applicant must satisfy the Court or judge by affi- Mauera^to be davit or otherwise — applicant l^ 275 90 Cap. 21 JUDICATURE CO. /. That tho applicant cl-iims no interest in the subject matter or dispute other than for charges or costs ; and 2. That the applicant dues not collude with anj' of the claim- ants : ami 3. That the applicant is willing to pay or transfer the subject matter into court or to dispose of it as the Court or judge may direct. [E. 851.] No. 6 of 1898, s. 409. Adverse titles of claimants 43o. The applicant shall not be di-^ei titled to relief by reason Oiily that the titles of the claimai.ts have not a common origin but are adverse to and independent of one another. [E. 852.] No. 6 of 18; 13, s. 410. Application by defendant 430. Wh. n the applicant is a defendant application for relief nia\' be made at any time after service of the writ of summons. [E.fs.5.^] No. 6 of 1893, s. 411. Summons by 43'. The a| plicant may take out a summons calling on the app leant claiinants to afipear and state the nature and particulars of theii' claims and either to maintain or reiinquibh them. [E. 854.] .No. 6 of 18;]3, s. 412. Stay of action '^■^''^- If the application is made by the defendant in an action the Court or judge may .stay all further proceedings in the action. [E. 855.] No. 6. of 1893, s. 413. Order on summons Issue Summary disposal 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 appli- cant or that ait 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. [E. 856.] No. 6 of 1893, s. 414. 440. The judge may if it seems desirable so to do dispose of thi; merits of their claims and decide the same in a summ manner and on such terms as may be just. [E. 857 ] 1893, s. 415. ary No. 6 of Question of law Special case Claimant not appearing or otherwise in default 441. When the question is a qut^stion 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 .,f the Court. If a special ease is stated the provisions herein relating to special ca.ses shall as far as applicable apply thereto. [E. 858.] No. 6 of 1893, s. 416. 442. If a claimant having been duly served with a summons calling upon him to appear nnd maintain or relinquish his claim does not appear in pursuance of the summons or having appeared negl-cts or refuses to comply with any order made aferhis appeaiance the Court or judge may make an order declaring him and all per.-ons claimin? under him forever bar- l-ed against the anplicant and persons claiming under him but 276 1898 JUDICATURE Cap. 21 91 the order shall not affect the rights o£ the claimants as between themselves. [E. 859.] No. 6 of 1893, s. 417. 443. Subject to the provisions of this order an appeal shall Appeal lies lie to the Court en banc from the decision of the Court or a judge in any interpleader proceeding but subject to such appeal Decision the decision of the Court or judge shall be tinal and conclusive against the claimants and all persons claiming under them. No. 7 of 1895, 8. 4. 444. When goods and chattels have been seized in execution order for aaie or under attachment by a sheriff and any claimant alleges that °* ^"""^^ ^^'^'"^ he is entitled under a bill of sale or otherwise to the same by way of security for debt the judge may order the sale of the whole or a part thereof and direct the application of the pro- ceeds of the sale in such manner and upon such terms as may be just. [E. 861.] No. 6 of 1893, s. 419. 445. The rules of court in respect to discovery and inspec- pi-wovery and tion shall with the necessary modifications apply in interplead- '"^p®'' '"" er proceedings and the judge before whom the proceedings arepo^versof had may finally dispose of the whole matter of the interpleadei-i^'iee proceedings including all costs not otherwise provided for. [E. 862.] No. 6 of 1893, s. 420. 446. In ca«e the sheriff has more than one writ at the suit or Application instance of different parties against the same property it shall ex'iou1;ionr'^' not be necessary for the sheriff to make separate applications ^■f^'injt^ame • • 1 1(1 1 , . pi operoy on such writs or in oacli case; but he may make one applica- tion and make all the parties who are execution creditors par- ties to the said application ; and the Court or judge before wliom the application is made may make such order therein as if a separate application had been made upon and in respect of each writ. No. 6 of 1893, s. 421. 447. Pending the adjudication of any such claim the sheriff Delivery of may upon sufficient seciirity being given to him by bond orSa°maS'^° otherwise for the forthcoming and delivery to him of the pro • p^J'^^^s^^j^^ perty so taken or the value tliereof 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 .iheritf or other officer at any time he shall see tit to resume the actual and absolute pos- session and custody of the said property notwith.'^tanding such bond or security. Horses, cattle, sheep or any perishable goods saie of cattle the subject of interpleader may at the request of either party "^J^^'^^^^^'^ 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. No. 6 of 1893, s. 422. 448 The Court or a judge may in and for the purpo.ses of costs and 277 92 Cap. 21 JUDICATUfiE CO. other mattflvs any interpleader proceedings make all such orders as to costs and all other matters as may be just and reasonable. [E. 864.] No. 6 of 1893, s. 423. ORDER XXXVIII. SALES OF LAND, PARTITION, ETC. Coiirt may order sale of real estate 449. If in any cause or matter relating to any real estate it shall appear necessary or expedient that the real estate or any part thereof should be sold the Court or a judge may order the same to be sold and any party bound by the order and in pos- session of the estate or in receipt of the rents and profits there- of shall be compelled to deliver up such possession or receipt to the purchaser or such other person as may be thereby di- rected. [E. 680.J No. 6 of 1893, s. 639 ; No. 21 of 1896, s. 6. Mode of 450. In all cases where a sale, mortgage, partition or exchange saie,'""^ °^^ is ordered the Court or a judge shall have power in addition to mortgage, etc., the powers already existing, with a view to avoiding expen.se or by court delay or for other good reason, to authorise the same to be car- ried out — 1. By laying proposals before 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 otherwise dealt with as the judge in chambers may order : Provided always that the judge shall not authorise the said proceedings altogether out of court unless and until he is satis- fied by such evidence as he shall deem sufficient that all persons interested in the estate to be sold, mortgaged, partitioned or exchanged are before the Court or are bound by the order for sale, mortgage, partition or exchange and every order authoris- ing the said proceedings altogether out of court shall be pre- faced by a declaration that the judge is so satisfied as aforesaid and a statement of the evidence upon which such declaration is made. [E. 680a.] No. 21 of 1896, s. 7. Sale by court Approval of judge Parties; 451. Where a judgment or order is given or made whether in court or chambers directing any property to be sold, unless otherwise ordered the same shall be sold with the approbation of the judge to the best purchaser that can be got, the same to be allowed by the judge, and all proper parties shall join in the sale and conveyance as the judge shall direct. [E. 682] No 21 of 1896, s. 8. Originating summons for foreclosure, etc. 452. A mortgagee or mortgagor whether legal or equitable or any person entitled to or having property subiect to a legal or equitable charge or any person having the right to foreclose or redeem uny 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 speci- 278 t89S JUDICATURE Cap. il 93 fied and as the circumstances of the case may require that is to say: sale, foreclosure, delivery of possession by the "mort- ,/■:'-}. gagor, redemption, reconveyance, delivery of possession by the mortgagee. [E. 767a.] No. 21 of 1896, s. 9. 453. The judge may upon such summons pronounce such judgment and make such orders as the case may require includ- ; ' ' . - ing orders vesting such property in such person or persons as may be found or declared entitled thereto for such estate or interest as may be requisite. No. 12 of 1898, s. 29. 41.54. The persons to be served with the said summons shall,P®™°"st° be such persons as under the existing practice would be the pro- per defendants to an action for the like i-elief as that specified by the summons. [E' 7676.] No 21 of 1896, s. 10. 455. The judge may direct such other persons to be served Service on with the summons as he may think tit. [E. 76S.] No. 21 of °*'^^'" p^"^'""" 1896,8.11. 456. The application shall be supported by such evidence as Evidence the judge may require and directions may be given as he may queUions think jUst for the trial of any questions arising thereout. [E. 769.] No. 21 of 1896, s 12. 457. The judge may give any special directions touching the special carriage or t'xecution of the judgment or order or the service '^'™°''™^ thereof upon persons not parties as he may think just. No. J 2 of 1898, 6. 29. ORDER XXXIX. MOTIONS AND APPLICATIONS. 458. Applications for summonses, rules and orders to shew Bxparfe cause and applications authorised to be so made liy these rules ^pp""^''™^ may be ma,de ex parte. Other motions in c-urfc shall be by court motions notice of motion and other applications in chambers by sum- ciiamber mons except where otherwise specially provid.-d. But the ^pp'^*'^'''™^ Court or judge if satisfied that delay caused by proceeding in the ordinary way would or might entfiil irreparable or .serious order ra parte mischief may make any order ex parte upon such terms as to i^urfous costs or otherwise and subject to such undertaking if any as the Court or judge may think just ; and any party affected by such order may move to set it aside or to vary it. [E. 698 ] No. 6 of 1893, ss. 470 and 483. 459. Every notice of motion or summons to set aside, remit Grounds to be or enforce an award or for attachment or committal or to strike certain cases off" the rolls shall state in general terms the grounds of the ap- plication ; and where any motion is made by notice a copy offgj^^^jtf any affidavit intended to be used shall be served with the notice of motion. [E. 699.] No. 6 of 1897, s. 1 (56). 279 94 Cap. 21 JUDICATURE CO. Motions Length of notice 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. [E. 700.] No. 6 of 1893, s. 472. _,. . , 461. If on the hearing of a motion or other application the Dismissal or . i,, ip.- ,ii i i adjournment Court or judge shall be 01 opinion that any person to whom m)t\'erveT™'' notice has not been given ought to have or to have had such notice the Court or judge may either dismiss the motion or application or adjourn the hearing thereof in order that such notice may be given upon such terms if any as the Court or judge may think fit to impose. [E. 701.] No. 6 of 1893, s. 473. Adjournment of hearing 462. The hearing of any motion or application may from time to time be adjourned upon such terms if any as the Court or judge may think fit. [E, 702.] No. 6 of 1893, s. 474. Deciding prehminary que.stion 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 diriict such question to be first argued or determined upon such terms as to costs, adjournment and otherwise as he deems pro- per and upon the determination of such question the judge may either finally dispose of the motion or application or proceed with a further hearing thereof as may be proper. No. 6 of 1897, s. 1 (57). Defendant not appearing to writ 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. [E. 703.] No. 6 of 1893,8.475. - 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 defend- ant along with the writ of summons or at any time after ser- vice of the writ of summons and before the time limited for the appearance of such defendant. [E. 704.] No. 6 of 1893, s. 476. Enforcing ^66. Xo order shall issue for the return of anj' writ or order or'orderb'™''^^" ^'° ^ring in the body of any person ordered to be attached, sheriff arrested or committed ; but a notice from the person issuing the writ or pbtaining the order for attachment, arrest, replevin or committal (if not represented by an advocate) orby^h.is advo- cate calling upon the sheriff" to return such writ or order or to bring in the body within ten days, if not complied- with shall entitle such person to apply for an order for the committal of such sheriff: [E. 736.'] No. 6 of 1893, s. 477. Date of orders 467. Every order shall be dated the day of the month and year on which the same was made, unkss the Court or a judge 280 1898 JUDICATURE Cap. 21 95 shall otherwise direct, and shall take effect accordingly. [E. 708.] No. 6 of 1893, s. 478. 468. Where an order has been made not embodying any Certain orderB special terms nor including any special directions but simply drawn "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 officer of the court other than an advocate ; it shall not be necessary to draw up such order unless the court or a judge shall otherwise direct ; but the production of a note or memorandum of sqch order signed by a judge shall be sufficient authority for such enlargeriient of time, issue or amendment, filing or other act. A direction that the costs of such order shall be costs in any cause or matter shall not be deemed a special direction within the meaning of this section. The advocate of the person on whose application such order is made shall forthwith give notice in writing thereof to such per- son if any as would if this rule had not been made have been required to be served with such order. [E. 709.] No. 6 of 1897, s. 1 (58). ORDER XL. APPLICATIONS IX CHAMBERS. I. — By Originating Summons. 4j69. Proceedings commenced by originating summons in the proceedings Supreme Court of Judicature in England may be so commenced s^mmon"'^''"^ under this Ordinance unless otherwise provided and proceed- ings by a landlord to recover possession of demised premises from an overholding tenant may be so commenced. No. 6 of 1897, s. 1 (59, 64). 470. An originating summons shall be sealed by the clerk sealing and and shall follow form G in the schedule hereto with such'"''™ variations as may be approved by the judge. No. 21 of 1896, s. 13. 471. Unless otherwise ordered there shall be at least ten Time for clear days between the service and return of an originating "p^"'''™"'"' summons. No. 6 of 1897, s. 1 (61). 472. An originating summons may be served in the same service manner as a writ of summons. No. 6 of 1897, s. 1 (59). 473 Unon proof by affidavit of the due service of the origi- Judgment . Jr r J . u J J. on originating nating summons or on the appearance in person or by advocate summons -281 96 Cap. 21 JUDtC \TURi: CO. Special directions as to judgment of the parties served the judge may pronounce such judgment as the nature of the case requires. [E. 470.] No. 21 of 1896, s. 14 ; No. 6 of 1897, s. 1 (60). 474. The judge may give any special directions touching the carriage or execution of the judgment or the service thereof upon persons not parties as he may think just. [E. 771.] No. 21 of 1896, s. 15. II. — Generally. Service of chamber summons 475. Every summons except an originating summons shall be served two clear days before the return thereof unless in anj' case it shall be otherwise ordered. [E. 737.] No. 6 of 1893, s. 486. Proceeding ex parte wliere party fails to attend 476. Where any of the parties to a summons fail to attend whether upon the return of the summons or at any time appointed for the consideration or further consideration of the matter the judge after waiting thirty minutes may allow the case to pioceed ex parte if considering the nature of the case he thinks it expedient so to do ; no affidavit of non attendance shall be required or allowed hut the judge may require such evidence of service as he mav think just. [E. 738.] No. 6 of 1893, s. 487. Reconsidera' tion of '■a; parte t;nf>Vi proceedings auuii Costs 477. When the case has been allowed to proceed ex parte proceeding shall not in any manner be reconsidered unless the judge shall be oatisfied that the party failing to attend was not guilty of wilful delay or negligence ; and in such case the costs occasioned by his non-a,ttendance shall be in the discretion of. the judge who may fix the same at the 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. [E. 739.] No. 6 of 1893, s. 488. Proceeding 478. W^hen a proceeding in chambers fails by reason of the ittenfance"°"" non-attendance of any party and the judge does not think it of party expedient to allow ex parte proceeding the judge may order Costs such an amount for costs if any as he shall think reasonable to be paid to the party attending by the absent party or by his advocate personally. [E. 740.] No. 6 of 1893, s. 489. Summons not disposed of on return, further attendance 479. When matters in respect of which summonses have been issued are not disposed of upon the return of the sum- mons the parties shall attend from time to time without further summons at such time or times as may be appointed for the consideration or further consideration of the matter. [E. 741.] No. 6 of 1893, s. 490. Jurisdiction of judge in chambers 480. A judge in chambers shall have jurisdiction to hear and determine any application or motion, except where it is by this Ordinance or these rules otherwise provided, that may be heard and determined by a single judge or which by the 282 1898 JUDICATURE Cap. 21 97 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. No. 6 of 1897, s. 1 (63). III. — Administration and Trusts. 481. The executors or administrators of a deceased person or Originating the sureties for administrators and the trustees under any deed reSuifg to or instrument or any of them and any person claiming to be or^alminStra- interested in the relief sought as creditor, devisee, legatee, next tion of estate of kin or heir at law ot a deceased person or as cestm que trust person under the trust of any deed or instrument or as claiming by assignment or otherwise under such creditor or other person as aforesaid may obtain an originating summons returnable before the judge in chambers at such time as he may ap- point, 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 ; 6. The pa,yment into court of any money in the hands of executors, administrators or trustees ; 7. Directing the executors, administi'ators or trustees to do or abstain from doing any particular act in their character as ex- ecutors, administrators or trustees. 8. The approval of any sale, purchase, compromise or other transaction ; 9. The determination of any question arising in the admin- istration of the estate or trust ; 10. An order that no action be brought or that all actions staying and proceedings pending against trustees, executoi-s or admin- pen™ng istrators be stayed for such period as to the said judge ™ay performance seem necessary or expedient in order that sufficient time be al- 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- interference terf ere, with or control any power or discretion vested in any ^scretion of executor, administrator or trustee except so far as such inter- ti^^stee ference or control may necessarily be involved in the particular relief sought. [E. 765, 766 and 774.] No. 6 of 1893, s. 492 ; No. 7 of ]895,s. 6 ; No. 21 of 1896, s. 3 ; No. 6 of 1897, s. 1 (64). 482. The persons to be served with the summons under the Serviced 283 98 Cap. 21 JUDICATURE CO. summons Newspaper notice 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 newspapers as the judge may order. No. 6 of 1897, s. 1 (65). Evidence 483. The application shall be supported by such evidence as the judaie may require. [E. 769.] No. 6 of 1893, s. 494. Judgment on 484. Upon the return of the summons the judge may pro- summons nounce such judgment and make such orders as the nature of the case requires. [E 770.] No. 6 of 1893, s. 495. Special directions 485. The judge may give any special directions touching the carriage or execution of the judgment or order or the service thereof upon persons not parties as he may think proper. [E. 771.] No. 6 of 1893, s 496. Administra- tion 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 judgment or order. (E. 772.] No. 21 of 1896, s. 16. Powers of court if ad- ministration or trust accounts not rendered 487. Upon an application for administration or execution of trusts by a creditor or beneficiary under a will, intestacy or deed of trust where no accounts or insufficient accounts have been rendered the Court or a judge may in addition to the powers already existing : (a) Order that the application shall stand over for a cer- tain time and tliat tlie executors, administrators or trustees in the meantime shall render to the applicant a proper statement of their accounts with an intima- tion that if this is not done they may be made to pay the costs of the proceedings ; (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. [E. 772a.] No. 21 of 1896, .s. 17. Appointment 488. Any of the following applications may be made by and tIs"^ originating .summons : 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. No. 21 of 1896, s. 18. 284 1898 JUDICATURE Cap. 21 99 489. Whenever in an action for the administration of the Sale ordered estate of a deceased person or execution of the trusts ofa°roperty ■written instrument a sale is ordered of any property vested in any executor, administrator r>r trustee tlie conduct of such sale Conduct of shall he given to such executor, administi'ator or trustee unless ^'^^^ the judge shall otherwise direct. [E. 666.1 No. 6 of 1893 s. 386. 490. The judge may in such way as he may think fit ohtain Judge may the assistance of accountants, merchants, engineers and other assfaUnce scientific peisons the better to enable any matter at once to be°* experts determined and he may act upon the certificate of any such person. [E. 781.] No. 6 of 1893, s. 497. 491. Where a judgment or order is given or made directing claimants not an account of debts, claims or liabilities or an inquiry for heira,™™"^™'° next of kin or other unascertained persons unless' otherwise excluded ordered all persons who do not come in and prove their claims within the time which may be fixed for that purpose by ad- vertisement shall be excluded from the benefit of the judgment or order. [E. 806.] No. 6 of l»9-i ss. 498 and 222. 492. The Court or judge may direct that notice of the time Advertiae- so fixed shall be given by publishing an advertisement thereof toproof*™^ 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. No 6 of 1893, s. 223. 493. Such notice if the order is made by the Court sliall be signature signed by the clerk as the ofiicer of the court ; if made by a°'"°"°^ judge it .shall be signed by him. No. 6 of 1893, s. 224. 494. Upon such notice being duly published and such other Persras not notice given or published or served as the Court or judge may wuhin^tfme™^ direct, all persons who do not come in and prove their claims *'^'^^^'^®'^ within the time so fixed shall be excluded from the benefits of the.judgment or order. [E. 806.] No. 6 of 1893, s. 225. 495. Any trustee, executor or administrator may without the Application institution of a suit upon a written stntement verified on oath etc' for''^^' apply to a judge in chambers for the opinion, advice, or direc- 5P*°'?."'^"5 tion of such judge on any question respecting the management court or administration of the trust property or the assets of any testator or intestate, notice of aut-h 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 expedient and the said trustee, executor, or adminis- trator acting upon the opinion, advice, or direction given by the said judge shall be deemed so far as regards his own respon- sibility to have discharged his own duty as such trustee, executor or admini.strator in the subject matter of the said application : Provided nevertheless that nothing in this rule shall extend Exoneration . . ^ .p . , . j--i.j.- ,01 trustee, etc, to indemnity any trustee, executor or administrator in respect 285 100 Cap. 21 JUDICATURE GO. Fraud or eoncealment 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 direc- tion. No. 6 of 1893, s. 499. IV. — Ouardian ad litem. Infant or 496. At any time during proceedings at chambers under any SnsoTnd' mind judgment or order the judge may if he shall think fit appoint Guardian ad 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. No. 6 of 1893, s. 499. V. — Varying Orders. Consent to discharge of order 497. The judge may set aside, vary or discharge any order made by him on consent of all parties interested. No. 6 of 1897, s. 1 (66). ORDER XLI. COURT EN BANC. Sittings of 498. The Supreme Court shall sit en banc at such times and court en banc ^\.^QQg g^g ^^g Lieutenant Governor in Council appoints. The sittings may be adjourned from time to time as may be neces- sary. No. 12 of 189s, s. 23. Adjournment if no quorum 499. If on any of the daj^s appointed for the sittings of the 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. No. 6 of 1893, s. 501. Judgment on consent or as to costs, no appeal without leave .Jurisdiction in appeal .500. No judgment given or order made by the Court or a judge by the consent of parties or as to costs onljr which by law are left to the discretion of the Court or judge shall be sub- ject to any appeal except by leave of the Court or judge giving the judgn>ent or making the order. No. 6 of 1893, s. 502. 501. No appeal shall lie from the judgment or order of the court presided over by a single judge or a judge of the court to the Court en bano without the special leave of the judge or court whose judgment or order is in question unless the title to real estate or some interest therein or the validity of a patent is affected or unless the matter in controversy on the appeal exceeds the sum of two hundred dollars exclusive of costs ; or unless the matter in question relates to the taking of an annual or other rent, customar}' or other duty or fee or a like demand of a public nature or general nature affecting future rights. No. 6 of 1893, s. 503. 286 1898 JUDICATURE Cap. 21 101 502. No security for costs shall be required in applications Security for new trials or appeals or motions in the nature of appeals unless by reason of special cireurastanees such security is order- ed by a judge upon application to be made within fifteen days from the service of the notice of motion, application or appeal. No. 7 of 1895, s. 7. 503. Motion.s for new trials, appeals and ntiotions in the Appeal or nature of appeals shall be brought by notice of appeal and any ™ew'triai'^^ party appealing may by the same notice appeal and in the al- ternative ask for anew trial. In motions for new trials, ap- peals or motions in the nature of appeals the appellant may, by the notice of appeal, appeal from the whole or any part of ihe verdict, judgment or order and the notice of appeal shall state whether the whole or part only of such verdict, judgment or Contents order is complained of and in the latter case shall specify such° ^°^^°° part ; and such notice of appeal shall state the grounds on which such ajiplication is based. No. 6 of 1897, .s. 1 (67). 504i. The notice of appeal .shall be served within 30 days Time for after the verdict wheie the application is for a new trial nndolnotfoe within 80 days after judgment in other cases but the Court or iudge may either before or after the expiration of such period enlarge the time for giving notice, provided that in appeals from interlocutory orders the notice of appeal shall be served within 15 days from the date of the order but the Court or judge may in like manner enlarge the time for giving such notice. No. 6 of 1897, s. 1 (68). 505. The notice may be amended at any time by leave of the Amendment Court or judge on such terms as the Court or judge thinksjust. ° [E. 555.] ■ No. 6 of 1893, s. 507. 506. In appeals or motions in the nature of appeals the Service of notice of appeal shall be served on all parties directly atfected app^eai" by the appeal and it shall not be necessary to serve parties not bO aflfected ; 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 or- P^^t^j5*° der as might have been given or made if the persons served with such notice had been original parties. [E. 866.] No. 6 of 1893, s. 508. 507. On appeal the Court shall have in additioxi to all the General powers and duties as to amendment, full discretionary powers ^oiTrfon * to receive further evidmce on questions of fact as to matters i^weai which have occurred after the date of the decision from which the appeal is brought by affidavit or by deposition taken before an examiner or commissioner ; such further evidence shall be admitted on special grounds only and with the special leave of the Court. The Court shall have power to draw inferences of fact and to give any judgment and make any order which ought 287 102 Cap. 21 JUDICATURE CO. to have been made and to make such further or other order as the ease 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 sucli powers may also be exercised in favour of all or any of the respondents or parties although such respondents or parties may not have appealed from or complained of the decision. The Court shall have power to make such order as to the whole or any part of the costs of the appeal as may be just. [E. 868.] No. 6 of 1893, s. 509. New trial not to be granted unless substantial wrong or miscarriage 508. A new trial shall not be granted on the ground of mis- direction or of the improper admission or rejection of evidence or berause the verdict of the jury was not taken upon a ques- tion which the judge at the trial was not asked to leave to them unless in the opinion of the Court to which the application is made some substantial wrong or miscarriage has been thereby occasioned in the trial ; and if it appear to such court that such wrong or miscarriage affects part only of the matter in contro- versy or some or one only of the parties the Court may give final judgment as to part tiiereof or some or one only of the parties and direct a new trial as to the other part only or as to the other party or parties. [E. 556.] No. 6 of 1893, s. 510. New trial on 509. A new trial may be ordered on any question whatever questfon ^^ ^^^ grounds for the new trial without interfering with the decision or finding upon anv other question. [E. 557.] No. 6 of 1893, s. 511. Application to stay proceedings pending appeal 510. When notice of motion for a new trial or notice of ap- peal has been served the further proceedings on the verdict.find- ing, order or judgment may be stayed in whole or in part until the decision or such motion or appeal by the Court or by the judge who presided at the trial on such terms as the Court or judge may think fit. The applicant h(jwever shall be entitled to an order so staying the proceedings on filing suSieient bail or security or making deposit of money to the approval of the Court or judge in such reasonable amount as the Court or judge shall direct to respond to the judgment to be finally given in the cause or matter. An application to the judge for such stay of proceedings shall not prejudice the applicant's right to apply to the Court for such stay. No. 6 of 1893, s. 512. Evidence on appeal as to question of fact 511. When any question of fact is involved in an appeal or application for a new trial the evidence taken in the court be- 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; 3. As to any evidence given orally, by the production of copies of the judge's notes or such other material as the Court may deem expedient. [E. 875.] No. 6 of 1893,, s. 513. 288 1898 JUDICATURE Cap. 21 103 512. No interlocutoiy order or rule shall operate so as to bar interlocutory or prejudice the Court from giving such decision on the appeal prejudice ^° as may be just. [E. 878.] No. 6 of 1893, s. 514. ^pp^^i 513. No notice of appeal shall operate as a stay of execution Appeal not or of proceedings under the decision appealed from or objected p°o''(,e|^Jg°/ to except so far as the judge appealed from or the Court may order and no intermediate act or proceeding shall be invalidated except so far as the Court may direct. Such deposit or other secuntj- security shall be made or given as may be directed by the Court or judge otherwise, the motion of appeal shall not be heard but' be dismissed. [E. 880.] No. 6 of 1893, s. 51-5. 514. Where any application ought to be made to or anyAiipiications jurisdiction exercised or any act done by the judge by whom ajS^gewho ^^'^ cause or matter has been tried or heard if such judge die or ^"y^jl'^^'^^jij^g^ cease to be a judge of the court or if for any other reason it hear them 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 jurisdiction may be exercised. [E. 885.] No. 6 of 1893, s. 516. 515. A judgment, order, decision, rule or verdict appealed Appeals to be from or sought to be set aside shall stand as if no notice of motions made appeal or notice of motion to set the same aside had been made opportunitj- or given if the cause or matter in which the same was made or given be not entered for argument on the first entry daj;- 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. No. 6. of 1893, s. 517. 516. Any judge may deliver the judgment of the Court when single judge aathorised'to do so by the judges en banc who heard the matter j™||ment'S on which judgment is to be pronounced or may deliver the^°™tprrf^ judgment of any other judge when authorised to do so by such other judge notwithstanding the absence of the judge or judges aforesaid. No. 6 of 1893, s. 309. ORDEK XLII. ^OSTS. I. — Generally. 517. Subject to the provisions of this Ordinance and the Costs rules of court the costs of and incident to all proceedings in the f f "cretion"' Supreme Court including the administration of estates and ■" ^"'•t trusts and compensation or allowance to any executor, adminis- 19 289 104 Cap. 21 JUDICATURE CO. Proviso as to trustees Costs where cause tried by jury trator, guardian, committee, receiver or trustee shall be in the discretion of the Court or judge: Provided that nothing herein contained shall deprive an exe- cutor, administrator, trustee or mortgagee who has not un- reasonably instituted or carried on or resisted any proceedings of any right to co.sts 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. [E. 966.] No. 6 of 1893, s. 518. Costs of issues 518. When issues in fact and law are raised upon a claim or counterclaim the costs of the several issues respectively both in law and fact shall unless otherwise ordered follow the event. No. 6 of 1893. s. 519. Costs of advocate guardian ad litem 519. Where the Court or judge appoints an advocate to be guardian ad litem of an infant or person of unsound mind the Court or judge may direct that the costs to be incurred in the performance of the duties of such office shall be borne and paid by the parties or some one or more of the parties to the cause or matter in which such appointment is made or out of any fund in court in which such infant or person of unsound mind may be interested and may give directions for the repayment or allowance of costs as the justice and circumstances of the case may require. [E. 988.] No. 6 of 1893, s. 523. II. — Security for Costs. Summons for security for costs 520. When the plaintiff in an action resides out of the Terri- tories and m any other case where by the practice and pro- cedure in England a defendant is entitled to security for costs and the defendant bj- affidavit of himself or his agent alleges that he has a good defence on the merits to the action the de- fendant 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 be- ing given the action he dismissed with costs unless the Court or judge on special application for that purpose shall otherwise order. No. 6 of 1893, s. 520 ; No. 6 of 1897, s. 1 (69). amount and be given at Time and 521. In any cause or matter in^-hich security for costs is re- manner of quired the security shall be of sucn such times and in such manner and form as the Court or judo-e may direct. [E. 981.] No. 6 of 1893, s. 521. " Obligee wiiere 522. Where a bond is given as security for costs it shall un- bondgiven |gg^ ^^^ Court or judge shall otherwise direct be given to the party or person requiring the security and not to an officer of the court. [E. 982.] No. 6 of 1893, s. 522. 290 1898 JUDICATURE Cap. 21 105 III. — Taxation and Tariffs of Costs. 523. In all case.s and proceedings as also upon interlocutory Taxation of applications where a party becomes entitled to costs from anyj'^i^pgjj]^'^" other party the same shall be taxed by the clerk in accordance «"''^<'™f^ with the authorised tariffs unless the Court or judge by order directs the payment of a sum in gross in lieu of taxed costs and by and to whom such sum in gross shall be paid. No. 6 of 1893, s. 524. 524. There shall be paid to each sheriff and clerk the fees sheriff's and prescribed by the judges of the Supreme Court ; and for any ''''^'''"' ^^'^'^ necessary services performed for which fees are not so prescrib- ed, such fees as may be authorised by the judge. No. 6 of 1893 s. 525 ; No. 5 of 1894, s. 19. 525. If in any case it shall appear to the Court or a judge that Cases where costs have been improperly or without any reasonable cause be deprived'^Jf incurred or that by reason of any undue delay in proceeding pay crats*^ *" under any judgment or order or ©f any misconduct or default of the advocate any costs properly incurred have nevertheless proved fruitless to the person incurring the same the Court or judge may call on the advocate of the person by whom such costs have been so incurred to show cause why such costs should not be disallowed as between the advocate and his client and also (if the circumstances of the case shall require) why the advocate should not pay to his client any costs which the client may have been ordered to pay to any other person and there- upon mav make such order as the justice of the case may re- quire. No. 6 of 1893, s. 526. 526. One day'.s notice of taxing costs together with a copy Notice of of the bill of costs and affidavit of increase if any shall be t^^'^^t*"" given by the advocate of the party whose costs are to be taxe , . ... in.sufflcient 1. The guardian of his estate may apply by petition to the for debts judge for authority to mortgage or sell so much of the real reaAsation'^ estate as may be necessarj^ for the payment of such debts ; °" realty 2. Such petition shall set forth the particulars and amount of such estate (real and personal) of the lunatic, the application made of any personal estate, and an account of the debts and demands against the estate : o. The judge shall make or cause to be made inquiries into inouiry by the truth of the representations made in the petition and hear-'^ ^'^ all parties interested in the real estate ; .I/.. If the judge is satisfied as to the result of such inquiries, Order for sale that the personal estate is not suiiicient for the payment of the debts and that the same has been applied to that purpose as far as the circumstances of the case render proper the judge may order the real estate or a sufficient portion of it to be mortgaged or sold by the guardian and the moneys thus raised shall be employed for the payment of the debts of the estate and if insufficient shall be distributed in the same way as in- testates' estates are distributed by law the guardian having ^^^^J^ii 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. No. 6 of 1893, s. 434. 560. When the personal estate and the rents, profits and in-^jje^or ^^^ come of the real estate of the lunatic are insufficient for his real estate for 297 112 Cap. 21 JUDICATURE CO. maintenance of lunatic or faniily luaintenance or that of his family or for the proper education of his children or when for any other cause it shall appear de.sirahle 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. No. 6 of 1893, s. 435. Clerk's fees Costs Guardian's remuneration 561. The judge may order such fees to the clerk of the court and costs of and relating to any petition, order, direction and conveyance including remuneration to the guardian as he may consider reasonable to be paid and raised from the lands, rents or personal estate of the lunatic in respect of whom the same may be respectively incurred, made or caused. No. 6 of 1893, s. 436. Removal of guardian 562. On sufficient grounds shown the judge may remove a guardian and appoint another in his stead. No. 6 of 1893, s. 437. Intituling 563. In the proceedings aforesaid the petitions and papers proceedings ^-^^y ^g intituled as follows : In the matter of In the Supreme Court, Judicial District of No. 6 of 1893, s. 438. ORDER XLV. INFANTS. I. — Guardians. Guardianship of infants and their est E.P., [l.s.] ) G.H., [L.S.] (When the plaintiff himself does not join in the bond the form must be altered to conform to the facts.) 316 1898 JUDICATURE Cap. 21 131 FORM G. (Rule 4.70.) Originating Summons. lu the Supreme Court of the North-West Territories, Judicial District of (Here insert style of cause or 7)iatter.) 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 advocate at the time and place above mentioned such order will be made in your absence as may seem just and expedient. K.L., (Seal of Court.) J. S. C. This summons was taken out by advocate for the applicant. Tariff of Witnesses', Jurors' and Interpreters' Fees. (Rule 5h'L) Witnesses and jurors may be allowed the following fees : For every day necessarily absent from residence, in go- ing 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 bj' other means than railway 10 When railway used, actual fare paid. Professional men, when acting professionally in addi- tion to mileage as other witnesses, per day 5 00 Interpreters. Interpreters may when used be allowed the same mile- age as witnesses and for each day actually engaged as interpreters 2 00 No. 6 of 1893. 317 132 Cap. 21 JUDICATURE C 0. FORM H, {Ride 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 j'^ou are to leave with the clerk of this court at in said judicial district within days after the said service upon you the dispute note hereto attached or one to the like effect otherwise after such return day has passed the clerk may sign judgment against you by default 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 you will receive due notice of the time and place of such trial by registered letter sent prepaid to the address given by you in said dispute note. Dated tVie day of 1 By the Court, I.J., -■L.S.) Clerk. FORM J. {Rule 60S.) 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, 318 ■1898 JUDICATURE Cap. 21 133 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 within the said time the cause will be tried at a sittings of this court and you will receive due notice of the time and place of such trial by registered letter sent prepaid to the address given by you in such dispute note. If no such dispute note is filed the plaintiff's cause of action shall be deemed to be admitted and the amount the plaintiff is entitled to recover in respect thereof will be ascertained in such manner as a judge shall direct. Dated the day of 1 By the Court, I.J., (L.S.) Clerk. FORM K. {Rule 606.) Small Debt — Affidavit of Service. In the Supreme Court of the North-West Territories, Judicial District of Between A.B., Plaintiff, and G.D., Defendant. I, of {occupation) make oath and say : 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. o. 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 miles. {Jurat.) 319 134 Cap. 21 JUDIOATUKE C. 0. 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 follow- ing grounds : — {Here state briefiy the grounds of dejence in such manner that the particular nature of the defence may readily he ascer- tained.) My post office address is : an., N.B. — This note must be sent by mail or otherwise to the clerk of the Supreme Court at (address to he filled in hy cleric) within days from service. 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 issuing summons 75 Garnishee summons or writ of attachment, including ex- amining affdavits 50 Every original subpoena 50 Every copy of summons, garnishee or subpoena 10 Entering dispute note, or appearance by garnishee ..... 25 On payment of money into court without dispute note . . 25 Every notice of trial 20 Hearing fee in contested cases 50 Every chamber summons or judge's order including entering 25 Every commission to examine witnesses or exemplification of judgment 50 Every appointment , 10 Every search 10 Entering every judgment by default including search for dispute and taxation of costs and necessary filings. . 50 320 1898 JUDICATURE Cap. 21 135 Entering every judgment after trial or order for judgment 50 Filing every exhibit at trial (no other filings to be allowed) 10 Every reference to the clerk, per hour actually engaged . . 75 Every certificate 25 Every writ of execution , 50 Every renewal thereof 25 Copies of documents, per folio 10 Necessary postages. Sheriff's Fees. The following fees and no others shall be allowed to sheriff's, 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 one way to serve sum- mons or process, or in going to effect seizure under an attachment or under execution where money made or settlement effected after levy, provided that there shall be only one allowance of mileage fees in and about a seizure and the sale consequent thereon 10 Every bond including affidavits 1 00 Notice of sale 30 Each copy not exceeding five including posting up 10 Notice of postponement including copies 25 All necessary disbursements for removal and care of property seized For poundage on executions, five per cent., but not upon any sum greater than called for by the writ under which the officer acts. Witness Fees. In cases under Small Debt procedure — Attendance, per day ... $ 1 00 Mileage, each way 10 Where railway can conveniently be used witnesses shall only be allowed such sum as would be sufficient to pay railway fare in coming to and returning from place of trial in no case to exceed mileage at above rate. Interpreters. In cases under Small Debt procedure — Per day employed %2 00 21 321 Clerks of court to appoint tleputies Districts of deputies Edmonton Medicine Hat Battleford Moose Jaw York ton CHAPTER 22. An Ordinance Respecting Clerks and Deputy Clerks. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : DEPUTY CLERKS. 1. The clerks of the Supreme Court of the North- West Territories for the Judicial Districts of Northern Alberta, Southern Alberta, Saskatchewan, Western Asainiboia and Eastern Assiniboia shall respectively appoint a deputy at Ed- monton, Medicine Hat, Battleford, Moose Jaw and Yorkton and such deputy clerk shall have and perform the powers, duties and obligations hereinafter mentioned. No. 10 of 1895, s. 1. DEPUTY clerks' DISTRICTS. 3. For the purposes hereinafter mentioned the respective 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 A,ssiniboia lying west of the line between ranges 23' and 24 west of the 3rd meridian ; The district of the deputy clerk at Battleford shall consist of that portion of the provisional district of Saskatchewan 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 Assiniboia 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 ly- ing north of a line which may be described as follows : Com- mencing at the point where the line between townships twenty 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 822 1898 CLERKS ANT) DEFUTY CLERKS Cap. 22 2 the line between ranges ten and eleven west of the second ini- tial meridian in the Dominion lands system of survey, No. 10 of 1895, s. 2, DEPUTY clerks' POWERS AND DUTIES. 3. All actions and other proceedings commenced in the office where action of any one of the said deputy clerks shall be carried on in the "^"j^lnoeci same office and in rsspect thereof such deputy clerk shall in all Po\yeis and respects have and perform all the powers, duties and obliga- deputy" tions of the clerk of the court for his judicial district ; and such Seal and books 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 administration are applied for lies within a deputy clerk's district ; (b) Applications for the appointment of a guardian of the Guardianship estate of an infant or a lunatic where the infant orOfp^""^"""* the lunatic resides within the deputy clerk's district ; (c) Applications for the appointment of a guardian of the Guardianship estate of an infant or a lunatic where the infant or ° ''"'*'<'" the lunatic resides within the deputy clerk's district ; or where the whole of the estate to be affected lies within a deputy clerk's district ; (cl) Proceedings commenced by originating summons and Proceedings proceedings originating by petition, notice of motion, ^?i?i,'JJutw?ft or judge's summons where the advocate for the appli- cant resides in a deputy clerk's district ; such deputy clerk shall and in applications of the character of those marked (a) and (c) where a part only of the property to be affected lies within a deputy clerks' district such deputy clerk may have and perform all the powers, duties and obliga- tions of the clerk of his judicial district. No. 10 of 1895, ss. 3. 4 ; No. 13 of 1896, s. 1 ; No. 12 of 1898, s. 4. 4. In any action, .suit or other proceeding wherever com- Examination 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 obli- gations of the clerk of his judicial district. No. 10 of 1895, s. 5. 5. In respect of appeals from convictions or orders made by Appeals from a justice of the peace under the authority of any Ordinance """"ctions relating to matters within the legislative authority of the Legislative Assembly of 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 21^ 32.3 Cap. 2i CLBEKS AND DEPUTY CLERKS CO. 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. No. 10 of 1895, s. 6. Pending business 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. No. 10 of 1895, s. 9. PROCESS ISSUERS. Process issuers T. 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 mesne processes signed by the clerk may issue the same under his direction from time to time, such process issuer countersigning each one so issued and making returns of all processes so issued to the clerk as required by the clerk or as directed by the judge and in such cases the clerk and his sureties shall be responsible for all the acts and omissions of such issuer. No. 6 of 1893, s. 547. SECURITIES AND OATHS OF OFFICE OF CLERKS. C'lerli to file copy of security of office 8. Every clerk before entering upon the duties of his office and if after entering upon his duties a new security is sub- stituted for any previously given shall file in the office of the Territorial secretary a cop}^ certified as such by the Secretary of State for Canada, of the security required by and given under The North-West Territories Act or of such substituted security. No. 6 of 1893, s. 11 ; No. 38 of 1897, s. 8 (1). Security may be sued upon 9, 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 clerk. No. 6 of 1893, s. 13. Certified copy evidence 10. A copy of such security purporting to be such, certified by the Territorial secretary, shall be received in all courts as prima facie evidence of the due execution and contents thereof without further proof. No. 6 of 1893, s. 14 ; No. 38 of 1897, s. 8 (3). IJeputy clerk to give security Right of action on security 1 1. Every deputy clerk before entering upon the duties of his office shall give security to the Lieutenant Governor to the 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 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 non performance or improper or undue perform- ance of an}- such duties or obligations or by reason of the non- payment over of any such moneys shall have and possess a 324" 1898 CLERKS AND DEPUTY CLERKS Cap. 22 4 ri^ht of action against such deputy clerk and his sureties upon such security for the amount of such damages. No. 10 of 1895, s. 11; No. 38 of 1897, s. 12(1). 1 3. Tlie clerks respectively for the said judicial districts of cierks not Northern Alberta, So.uthern Alberta, Saskatchewan, Western fOT^°eputies 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 non performance or improper performance of the duties and obligations of their respective deputies. No. 10 of 1895, s. 12 ; No. 38 of 1897, s. 9 (1). 13. Every clerk and every deputy clerk appointed under cierk and , the provisions of any Ordinance %)f the Territories in thatQ|^,!|'p^*°jgg^'^ behalf shall upon appointment and before entering upon the duties of his office take the oath of office in the form in the schedule to this Ordinance and also the oath of allegiance. (2) All such oaths shall be filed in the office of the clerk of the Executive Council immediately after being taken. No. 38 of 1897, s. 8 (4) ; No. 12 of 1898, s. 43. VACANCY. 14. Whenever a vacancy occurs in the office of clerk and Disposition of until the same be tilled by the proper authority the books, w'lien'racancy records, moneys and other matters and things the property of °''™i'" the Government of the Territories shall be handed over by the person in whose possession or control they may be to such per- son as the judge usually exercising jurisdiction in. the judicial district shall appoint to receive the same and such appointee during such vacancy is authorised to perform the duties of the clerk of the court. (2) Without prejudice to any other powers of the court or Forcible judge by way of attachment, committal or otherwise, the judge offi°eifook8, may on summarj?^ 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 authorise such sheriff or other person to break and open any doors and windows, buildings or inclosures and such order shall be full justification to such sheriff or other person for any action taken in pursuance thereof. No. 6 of 1893, s. 16 ; No. 38 of 1897, s. 8 (5). PROHIBITION FROM PRACTICE AS ADVOCATE. 15. No clerk or deputy clerk while holding office shall prac- cicrk or tise as an advocate of the Territories or be a member of any to act a"°^ firm of advocates practising in the Territories. No. 10 of 1895, ^^dvocate ^ s. 13 ; No. 38 of 1897, s. 8 (6). BOOKS AND FORMS. nd fo 325 16. All necessary books and forms required for use in the Books and clerk 5 Cap. 22 CLERKS anjj ])EI'Uty clerks C. 0. clerk's or deputy clerk's offices shall be provided by and be the property of the North- West Government. No. 6 of 1893, s. 557 ; No. 38 of 1897, s. 8 (7). FEES TO CLERKS AND DEPUTIES. ANNUAL RETURNS TO TERRI- TORIAL TREASURER. Interpretation 1 *J . For the purposBS 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 ; "Kecs" 2. The word "fees" sl^ll mean and include all fees and allowances payable to clerks under the provisions of TheJvAi- catu ir Onlinance or rules of court and all fees payable to such clerks as registration clerks under the provisions of The Bills of Sale, OnJinance ; An Ovl inance respecting Hire Receipts and Conditional S(de.s of Goods and A n Ordina,ince respecting Paii- nerships and any amendments to the said Ordinances or any other Ordinance of the Territories. No. 8 of 1894, s. 1 : No. 38 of 1897, s. 10 (1). Fce.s to be paid 18. All fees upon interlocutory motions, summonses and orders made or granted in chambers shall be paid to the clerk of the judicial district or division of the judicial district in which the proceedings are taken. No. 8 of 1894, s. 1. Chamber book J ^- Every clerk shall keep a chamber book in which such proceedings shall be entered. No. 8 of 1894, s. 1. Fees received 30. Every clerk shall keep a separate book in which he to be recorded ^j^^jj enter from day to day all fees and emoluments received by him under and by virtue of the said Ordinances and amend- ments showing therein separately the fees received by him for each service performed under any of the said Ordinances and amendments and such further facts and information as the Lieutenant Governor may from time to time require. No. 8 of 1894, s. 2 ; No. 88 of 1897, s. 10 (2). Annual '^ ' * Every clerk shall on or before the fifteenth day of siatemenLof January in each year make up a statement in duplicate from such book and return the same to the Territorial Treasurer veritied under oath ; such statement shall set forth the total amount of fees which have been received by such clerk during the twelve months ended on the thirty-first day of December next preceding. No. S of 1894, s. 3 ; No. 38 of 1897, s. 10 (3). Fee book open 33. Each clerk shall produce such book at any time during • ' ' his lawful office hours for inspection by any person appointed by the Lieutenant Governor for that purpose. No. 8 of 1894, s. 4; No. 3.S of 1897, s. 10(5). Fees 33. Every clerk shall be entitled to retain to his own use in ""* *-" -- - - - i^y j^ 326 by clerk "^ each year all the fees received by him in that year up t© $1,500. 1898 CLERKS AND DEPUTY CLERKS Cap. 22 (i (2) Of the further fees and emolu merits received by each clerk in each year in excess of $1,500 and not exceeding $2,000 he shall be entitled to retain to his own use seventy per cent, and no more. (3) Of the further fees and emoluments received by each clerk in each year in excess of $2,000 not exceeding $2,500 he shall be entitled to retain to his own use sixty per cent, and no more. (4) Of the further fees and emoluments received by each clerk in each year in excess of $2,500 and not exceeding $3,000 he shall be entitled to retain to his own use fifty per cent, and no more. (5) Of the further fees and emoluments received by each clerk in each year in excess of $3,000 and not exceeding $3,500 he shall be entitled to retain to his own use forty per cent, and no more. (6) Of the further fees and emoluments received by each clerk in each year in excess of $3,500 he shall be entitled to retain to his own use thirty per cent, and no more. No. 8 of 1894, ss. 5, 6, 7, 8, 9, 10. 34. With the statement in section 21 of this Ordinance Proportion of mentioned each clerk shall transmit to the Territorial treasurer Tlrrftoriai'"*"' such proportion of the fees received by him during the preced- Treasurer ing year as under this Ordinance he is not entitled to retain to his own use. No. 8 of 1894, s. 11 ; No. 38 of 1897, s. 10 (6). /J5. Any clerk who fails to keep the books required to be Penalty for kept by him under the provisions hereof or who fails to enter klfJfbookK therein any fee or fees received by him and required by the provisions hereof to be entered therein shall for each such offence be liable on summary conviction to a penalty not ex- ceeding $20. No. 8 of 1894, s. 12. 36. Any clerk who shall fail to transmit to the Territorial Penalty for treasurer on or before the fifteenth day of January in any year sion*of"l™nuai the statement mentioned in section 21 hereof verified as therein***'**'®™^"'' provided shall on summary conviction be liable to a penalty of $20 for each day after that date that he shall fail to transmit the same so verified. No. 8 of 1894, s. 13 ; No. 38 of 1897, s. 10 (7). 27. Any clerk who fails to transmit to the Territorial Failure to 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 Penalty $20 for each day after the fifteenth day of January that he shall fail to transmit the same. No. 8 of 1894, s. 14; No. 38 of 1897, s. 10 (8). 38. The fees and moneys received by the Territorial Money to go to treasurer under the provisions hereof shall form part of the revlnue fund 327 Cap. 22 CLERKS AND DEPUTY CLERKS C. 0. general revenue fund of the Territories. No. 8 of 1894, s. 15 ; No. 38 of 1897, s. 10 (9). 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 1 328 CHAPTER 23. Au Ordinance respecting Sheriffs and Deputy Sheriffs. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : OFFICE HOURS. 1. It shall be the duty oE evcvy sheriff to keep his oifice sheriff's office open between the hours of ten in the forenoon and four in the'^°"'''^ afternoon on all days except Sundays and holidays and except Saturdays when the same may be closed at one o'clock in the afternoon. R.O. c. 57, s. 1. BOOKS, RECORDS AND PROCESS. 3. Every sheriff shall keep a separate book in which he Fees rocoived shall enter from day to day all fees and emoluments received'"^'' recorded 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. No. 38 of 1897, s. 11 (1). 3. Every sheriff shall on or before the fifteenth day of Annual January in each year make up a statement in duplicate from fets"""^" " 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 twelve months ended on the thirty-first day of December next pre- ceding. No. 38 of 1897, s. 11 (1). 4. The sheriff shall keep in his office open to the inspection Books open of any person the following books, namely : inspection (a) Process books — in which shall be entered a memorandum 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, Ihe names of the parties thereto, the advocate by whom issued, the date of the return and the nature of the re- turn made thereto or what was thereunder or therewith done respectively ; (b) Execution books for goods and lands respectively in which shall be entered a memorandum of every writ of execu- tion or writ iri the nature of a writ of execution, the court out of which the same issued, the names of the parties thereto, the advocate by whom issued, the date of return and the nature of the return made thereto or what was done thereunder or there- with ; and (c) A cash book in which shall be entered all cash received or paid away by the sheriff in his official capacity or in connec- 329 Cap. •):i SHEKIB'FS AND DEFUTV SHERIFFS C. 0. tion with his office for any service whatever — for fees, pound- age, service of process and papers, attendance at court, moneys levied under execution or under writs in the nature of writs of execution or otherwise, the date of the receipt or payment and the cause, matter or service in which or on account of tvhich the same was received or paid away. (2) And a seal of office. RO. c. 57, s. 3. Supplying books and =!eal 5. The said books and seal shall be supplied out of the gen- eral revenue find of the Territories. R.O. c. 57, s. 4. Books. tt. All books, accounts, records, papers, writs, warrants, pro- to'bc property cesses, moneys and other matters and things in the possession of Government Qj, unfjer the control of any sheriff by virtue of or appertaining to his office as sheriff shall be the property of the Government of the Territories and the same and every of them shall immediately upon the resignation, removal from office or death of any such sheriff be, Vjy the party in whose possession or con- trol 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 judi- cial district may appoint to receive the same. R.O. c. 57, s. 5 ; No. 38 of 1897, s. .11 (2). Disposition on vacancy of office PoKscssionof ■?. No person except the successor in office of the sheriff so aft'er'^'varancy re.signing, being removed or dying, or the person so to be ap- pointed 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 Refusal to give sheriff or to the person so to be appointed as aforesaid ; and ..„„ =.„ upon any such person neglecting or refusing so to do on con- viction thereof before a judge of the Supreme Court he shall be liable to pay a penalty not exceeding $100. R.O. c. 57, s. 6 ; No. 38 of 1897, s. 11 (3). up possession Ex-sheriff to have access to books 8. The sheriff after resigning office or removal from office, or his heirs, executors or administrators shall or may at any and at all time or times thereafter have the rio-ht and be at liberty to have access to search and examine into any or all accounts, books, papers, warrants, and processes of whatever kind and all other matters or things which were formerly in the possession of him the said sheriff before his resignation or removal and which at the time of making or requiring to make such search or examination are in the possession or control of the succeeding sheriff, free of all costs, charges and expenses R.O. c. 57, s. 7. VACANCY IX OFFICE PENDIXG EXECUTION OF WRIT. b^'sheriff"'*^ 9. In case of the death, resignation or removal of the sheriff, Procedure Or of any deputy where there is no sheriff, after he has made a ociurs^ acancy ^^j^ ^£ lands but before he has made a transfer of the same to 330 1898 SHERIFFS AND DEPUTY SHERIFFS Cap. 28 the purchaser such transfer shall he 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. R.O. c. 57, s. 8. 10. If the sheriff" goes out of office during tiie currency of shcritr any writ of execution against lands and before the sale, such sumesmr to writ shall be executed and the sale and transfer of the lands be continue made by his successor in office and not by the former sheriff'. R.O. c. 5T, s. 9. MISFEASANCE OR DEFAULT OF SHERIFF, LIABILITY OF SURETIES. 1 1. The sureties of the sheriff shall be liable to indemnifj' Liabiiit.v of the party or parties to any legal proceedings against anj' ■'*"™ ""'' 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 neglect- ful misconduct in his office and the sheriff" shall be joint defen- dant in any action to be brought upon the covenant or security given by the sheriff. R.O. c. 57, s. 10. 13. A.ny person sustaining an j- damage by reason of any Default of such default or misconduct of any sheriff' may bring and*''"*'^ maintain an action upon the said covenant or security for such Action default or misconduct and such action shall not be barred by reason of any prior recovery by the same party upon the cove- nant or security or of any judgment rendei'ed for the defendant in any prior action upon the same covenant or security or by reason of any other action being then depending upon the same either at the suit of the same plaintiff' or of any other pa.rty for any other distinct cause of action. R.O. c. 57, s. 11. 13. If upon the trial of any action upon any such covenant Limitation of or security it is made to appear that the plaintiff is entitled toiiibiiity recover and that the amount which such surety has paid or become liable to pay as hereinafter mentioned is not equal to the full amount for which he became surety the court after de- ducting from such full amount the sums which he has so paid or become liable to pay as aforesaid shall render judgment against him for any sum not exceeding the balance of the sum for which he became surety. R.O. c. 57, s. 12. 1 4. Where any such surety actually and bona fide and of his when .surely own proper moneys and effects has paid or become liable by ft'^u lifbluty virtue of a judgment or judgments recovered against him upon his said covenant or security to pay an amount equal to the amount specified in the said covenant or security for which he became surety such covenant or security shall as to him be deemed to be discharged and satisfied and no other or further sum shall be recovered against him. R.O. c. 57, s. 13. on .security 15. It shall be competent for the Supreme Court or a judgej^t^i-.vof isfaci' <• ■! ^ 331 l». It snaii oe competem. lui uuc kjupicic ^v^uxu kjl "- J ">-•«« procoetlinKS thereof upon proof to the satisfaction of the Court or judge of against .surety ■i Cap. 23 SHERIFFS AND DEPUTY SHERIFFS C. 0. 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. R.O. c. 57, s. 14. When 10. Upon every writ of execution under a judgment reco- reoovered vered on such covenant or security the plaintiff or his advocate levTto iie"n shall by an indorsfiment on the writ direct the coroner or other flrst^*^'" ^"""^'^ officer charged with the execution of such writ to levy the amount thereof upon the goods and chattels of the sheriff in the first place and in default of goods and chattels of the sheriff to satisfy the amount then to levy the same or the residue thereof on the goods and chattels of the other defendant or defendants in such writ and so in like manner with any writ against lands and tenements upon a judgment on any such covenant or security. R.O. c. 57, s. 15. sheriflF liable 1 1. Notwithstanding a sheriff may have forfeited his office takes'offlce^^°^ and bccome liable to be removed therefrom the liability of him- self and his sureties shall remain until a new sheriff has been appointed and sworn into office. R.O. c. 57, s. 16. OFFICERS NOT TO PURCHASE AT EXECUTION SALES. Sheriff, etc., 1 8. No sheriff, deputy sheriff, bailiff or constable shall pS-chase directly or indirectly purchase any goods or chattels, lands or execution tenements by him exposed to sale under execution. R.O. c. 57, s. 17. MISCONDUCT OF BAILIFF OR CONSTABLE. Liability for ^^' ^^ ''''^Y bailiff oi' Constable entrusted with the execution misoondTiotin of any Writ, Warrant, process, mesne or final, wilfully miscon- -nTit ducts himself in the execution of the same or wilfully makes any false return to such writ, warrant or process, unless by the consent of the party in whose favour the process issued, he shall answer in damages to any party aggrieved by such misconduct or false return. R.O. c. 57, s. 18. CUSTODY OF WRITS, PROCESS, ETC. Restoration 5iO. Eveiv deputy sheriff, bailiff or other sheriff's officer or °ttf,''ta"'i'ieriff clerk entrusted with the custody of any Avrit or process or of any book, paper or document belonging to the said sheriff or his office shall upon demand upon hira by such sheriff restore and return such writ, process, book, paper or document to the cos- todj' of the said sheriff and in case of any neglect or refusal to return or restore the same as aforesaid the party so neglecting Knforcement or refusing may be required by an order of the Supreme Court o re inn ^^ ^j ^^y. jy|-igQ pf guch court to return and restore such writ, process, book, paper or document to such sheriff and if he dis- obeys such order may be further proceeded against by attach- ment as in other cases of contumacy to orders or rules of court. R.O. 57, s. 19. 332 1898 SHERIFFS AND DEPUTY SHERIFFS Cap. 23 5 'il. If an V deputy sheriff, bailiff or sheriff's officer shall have sherifl'sofflcor 1- "-ij xi -j-r j: -to deliver in his possession, custody or control any writ ot summons, /leri proceBs to facias or other writ or any bench warrant or process whatso- reqnh!^,^'^''" ever and shall upon demand made by the sheriff' from whom the same may have been received or his successor in office or bj' 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 juris- diction in the court out of which such writ or process issued to compel the production thereof ; which order may be en- forced 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. R.O. c. 57, s. 20. VACANCY IN OFFICE OF SHERIFF. DEPUTY TO ACT. 33. In case a sheriff dies, resigns his office and his resigna- Provision in tion is accepted or is removed therefrom the deputy sheriff by relfgnauon or him appointed shall nevertheless continue the office of sheriff removal of and execute the same and all things belonging thereto in the name of the sheriff so dying, resigning or being removed until another sheriff has been appointed and sworn into office; and the said deputy sheriff' shall be answerable for the execution of the said office in all respects and to all intents and purposes whatsoever during such interval as the sheriff so dying, resign- ing or having been removed would by law have been if he had been living or continuing in office and the security given to the .sheriff so deceased, resigning or being removed by his said deputy sheriff and his pledges as well as the security given by the said sheriff shall remain and be a securitj' to the Queen, Her Heirs and Successors and to all persons whatsoever for the due and faithful performance of the duties of his office during such interval by the said deputy sheriff. R.O. c. 57, s. 21. SECURITIES AND OATHS OF OFFICE. 23. Every sheriff before entering upon the duties of his copy of office and if after entering upon his duties a new security is S"'^''*"'"' substituted for any previously given shall hie in the office of the Territorial secretary a copy, certified as such by the Secre- tary of State for Canada, of the security required by and given under The North- West Territories Act or of such substituted •security. No. 6 of 1893, s. 11 ; No. 38 of 1897, s. 8 (1). 24. Such security shall be available to and may be sued Security may upon by any person suffering damages by the default, breach of ^'^ ™'='^ "P"" duty or misconduct of such sheriff. No. 6 of 1893, s. 13. 35. A copy of such security purporting to be such, certified Cortifled copy by the Territorial secretary, shall be received in all courts aSevfdenJe''' prima Jade evidence of the due execution and contents there- of without further proof. No. G of 1893, s. 14 ; No. 38 of 1897, s. 8 (3). 333 Cap. 23 SHERIFFS AND DEPUTY SHERIFFS C. 0. Oath of office 36. Every sheriff and every deputy sheriff appointed under the provisions of any Ordinance of the Territories in that be- half shall upon appointment and before entering upon the duties of his office take the oath of office in the form in the schedule to this Ordinance and also the oath of allegiance. (2) All such oaths shall be filed in the office of the clerk of the Executive Council immediately after being taken. No, 38 of 1897, s. 8 (4) ; No, 12 of 1898, s. 43, DEPUTY SHERIFFS. Deputy sherifffj to be iippointcd 37. The sheriffs of the several judicial districts shall re- spectively from time to time appoint a deputy at Edmonton, Lethbridge, Medicine Hat, Battleford, Moose Jaw and Yorkton; and such deputy sheriffs shall have and perform the powers, duties and obligations hereinafter mentioned. No. 10 of 189.5, s. 7; No. 13 of 1896, s. 3. Districts defined Powers and duties of deputy 38. For the purposes hereinafter mentioned the respective districts of the deputy sheriffs at Edmonton, Medicine Hat, Bat- tleford, Moose Jaw and Yorkton shall be the same respectively as the districts of the deputy clerks at the said places respect- ively ; and the district of the deputy sheriff at Lethbridge shall be that portion of the electoral district of Lethbridge lying to the east of the dividing line between ranges twenty-seven and twenty-eight west of the fourth initial meridian : Provided that any business pending shall be completed in the office of the sheriff or deputy sheriff respectively in which it was begun or is pending. No. 10 of 1895, ss. 8, 9; No. 13 of 1896, .s. 4. 39. All the powers, duties and obligations which may now be exercised or performed by the sheriff of any one of the said 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 dis- tricts of any one of such deputy sheriffs be exercised and per- formed by such deputy sheriffs respectively and in respect of mesne and final process intended to affect real or personal pro- perty situate within the districts of any one of the said deputy sheriffs such deputy sheriff shall have and perform all the powers, duties and obligations of the sheriff of his judicial dis- trict and such process shall for the purpose of binding such property be placed in the hands of such deputy sheriff and need not be placed in the hands of the sheriff of his judicial district and such deputy sheriffs shall have and use a duplicate of the seal of the sheriffs of their respective judicial districts and keep such books as are kept by sheriffs. No. 10 of 1895, s. 10. Deputy to give 30. Each deputy sheriff before entering on his duties shall «"■"" > gj^,g 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 334 1898 SHERIFFS AND DEPUTY SHERIFFS Cap. 23 7 office and for the due payment over to the persons entitled Security may thereto of all moneys received by him by virtue of his said office upo™'"'''' *"' and any person sustaining damage by reason of the nonper- formance or improper or undue performance of such duties or obligations by reason of the nonpayment over of such moneys shall have and possess a right of action against such deputy sheriff and his sureties upon such security for the amount of such damages. No. 10 of 1895, s. 11 ; No. 38 of 1897, s. 12 (1). 31. The respective sheriffs for the said judicial districts of sheriff not Northern Alberta, Southern Alberta, Saskatchewan, West- for^'epiity^ ern Assiniboia and Eastern Assiniboia shall not after the giv- ing 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. No. 10 of 1895, s. 12 ; No. 38 of 1897, s. 9 (1). 33. No sheriff or depluty sheriff while holding office shall sheriff or practise as an advocate of the Territories or be a member of ^^^^3^"°'-''° any firm of advocates practising in the Territories. No. 38 of a< ID o3 'T3 a> •I— I > ;.s colzi o o o o o o o o CO Oi 00 00 CO 00 ID O CO o o o CO o o o w ' expenses occasioned by the trial of the cause by such special jury and shall not have any other allowance for the same upon taxation of costs than such party would be entitled to in case the cause had been tried by a common jury unless otherwise ordered by the judge. R.O. c. 62, s. 18. 349 Cap. 28 JURIES C. 0. Sheriff's rermineration 11). There shall be payable to the sherifFupon the certificate 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. R.O. c. 62, s. 19. Commence- 30. This Ordinance shall come into force and take effect Ordinance immediately from and after the repeal of sections 71 and 88 of The North-West Territories Act. R.O. c. 62, s. 20. SCHEDULE. FORM A. Precept. In the Supreme Court of the North-West Territories, Judicial District of VICTORIA by the Grace of GOD of the United Kingdom of Great Britain and Ireland, QUEEN, Defender of the Faith, etc., etc. To Judicial District of , the sheriff" of the You are commanded that you cause to come before this court on the day of A.D. 1 , at ten o'clock in the forenoon at in the in the said Territories for the trial of the good and lawful men of the said Territories whose names and places of abode are given in the schedule hereto annexed. Given under my hand and the seal of the said court at in the said Territories this day of A.D. 1 Clerk. 350 1898 JURIES Cap. 28 Schedule Referred to in the Annexed Precept in the Cause of against Name of juror. Residence. When and where served. FORM B. NORTH-WEST TERRITORIES. Summons for Jurors. vs. To By virtue of a precept dated 1 , to me directed you are hereby required and commanded to be and appear at on , the day of next at the hour of o'clock in the noon to serve as a juror in the above named matter. Herein fail not at your peril. Sheriff's office ) 1 I Sheriff. 351 CHAPTER 29. An Ordinance Respecting Alimony. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : Jurisdiction of 1. The Supreme Court of the North -West Territories shall Cour"ofthe* havB jurisdiction to grant alimony to any wife who would he in^aiimonT entitled to alimony by the law of England or to any wife who 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. No. 14 of 1895, s. 1. 352 CHAPTER 30. An Ordinance to amend the Law relating to Slander. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : 1. In any action of slander founded on words spoken of the^^^^|^°f plaintiff imputing unchastity, adultery or profligacy to a female, whether married or unmarried, it shall not be necessary to Special allege or prove any special damage but such words shall be ^^^^^ actionable per sti. No. 17 of 1894, s. 1. 23 353 CHAPTER 31. An Ordinance respecting Limitation of Actions in Certain Cases. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : Actions on simple contracts The Real Property Limitation Act (Imp.) in force 1. All actions for recovery of merchants' accounts, bills, notes, and all actions of debt grounded upon any lending or other conti'act without specialty shall be commenced within six years after the cause of such action arose. R.O. c. -56, s. 1 : No. 13 of 1890, s. 1. ?J. The provisions of The Real Property Limitation Act, 1874., being chapter 57 of the Statutes of the Imperial Parliament, passed in the thirty-seventh and thirty-eighth years of Her Majesty's reign, are hereby declared to be in force and to have been in force in the Territories since the passing thereof. No. 28 of 1893, s. 1. 354 CHAPTER 32. An Ordinance Respecting Justices of the Peace. 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 " llie Magistrates Ordi- short title nance." No. 36 of 1897, s. 1. JUSTICES OF THE PEACE. 3. The Lieutenant Governor may appoint justices of the Appointment peace for the Territories who shall have jurisdiction as such °*''^'^'"^'''* throughout the same. No. 36 of 1897, s. 2. 3. Whenever a new commission of the peace shall be issued Commission all and such like former commissions shall become absolutely °' ^'^ '^'^^™ revoked and cancelled ; and nothing in this Ordinance con- tained shall prevent the reappointment of any justice of the peace named in such former commission if the Lieutenant Governor shall think fit. No. 36 of 1897, s. 3. 4. No person who is not a British subject by birth or Alien not to naturalization shall be appointed as a justice of the peace. No. ^" '^w^"^'' 36 of 1897, s. 4. 5. When not otherwise especially provided for by law no xo practising advocate shall be appointed or act as a justice of the peace ^ejustiMs'" during the time he continues to practise as such. (2) The provisicms of this section shall not apply to any Proviso advocate appointed as a police magistrate under any Act of the Parliament of Canada. No. 36 of 1897, s. 5. OATHS OF JUSTICES. 6. Every justice of the peace before 'he is gazetted as such Oath of • and takes upon himself to act as a justice of the peace shall aiie'^liance take and subscribe the oath of allegiance and the following oath before any person authorised to administer oaths and de- clarations in the Territories, that is to say : 1, A.B. of in the district of Form of oath (as the case viui/ be) do swear that I will well and truly serve our Sovereign Lady Queen Victoria in the ofRce of justice of the peace and that I will do right to ail manner of people after the laws and usages of these Territories without fear or favour, affection or ill will. So help me God. No. 36 of 1897, s. 6. 1. Every oath of office or allegiance taken by a justice of Heuoni of oath the peace shall forthwith after the same is taken be transmitted 23^ 355 2 Cap. 32 MAGISTRATES C. 0. or delivered by the justice of the peace to the clerk of the Executive Council and shall be filed in his office. No. 36 of 1897, s. 7. PROCEDURE. Part Lvm of 8. Except it is otherwise specially provided all the provi- Codf to apply sions of part LVIII oP the Act of the Parliament of Canada to procoeaings j^jjQ^j^ ^^ y^^^ Criminal Code 189?. and the Acts already passed or which may be hereafter passed amending the same shall ap- ply to all proceedings before justices ©f the peace under or by virtue of any Ordinance of the Territories. No. 36 of 1897, s. 8. Appeals 9. Any party who considers himself aggrieved by a convic- tion or any order made by a justice of the peace under the au- thority of any Ordinance in force in and relating to matters within the legislative authority of the Legislative Assembly of the Territories or a municipal by-law may appeal therefrom to a judge of the Supreme Court of the North- West Territories. Practice on (2) The practice and proceedings on the appeal and both pre- liminary and subsequent thereto and otherwise in respect thereof shall be the same as the practice and proceedings under the statutes of the Parliament of Canada for the time being in force on appeal from convictions and orders of justices of the peace made under the authority of any statute of Canada. nKiKc'^^ "' ("^^ "^^^ judge shall have and possess the like powers as to the imposition and recovery of costs as are possessed by him in appeals from matters under the said statutes. No. 36 of 1897, s. 9. PRIORITY OF JURISDICTION. Jurisdiction 1 0. Jurisdiction in any particular case shall exclusively at- jus ice ^^^^ |j^ ^]jg ^Yst justice of the peace or where more than one justice is required the first justices to the required number duly authorised who has or have possession and cognisance of the fact : Proviso Provided that at the request of any such justice or at the unanimous request of any such justices where more than one justice is required any other justice or justices may take part in any case. Jurisdiction (2) Every complaint and information shall be heard, tried, more justices determined and adjudged by one justice or two or more justices as directed by the^Ordinance or law upon which the complaint or information is framed or by any other Ordinance or law in that behalf. (3) If there is no such direction in any Ordinance or law then the complaint or information may be heard, tried, determined and adjudged by any one justice. (4) Any one justice may receive the information or complaint and grant a summons or warrant thereon and issue his sum- mons or warrant to compel the attendance of any witnesses for either party and do all other ads and matters necessary pre- 1898 MAGISTRATES Cap. 32 ; liminary to the hearing even if by the Ordinance in that behalf it is provided that the information or complaint 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 commitment thereon. (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 aud 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 act together during the whole of the hearing and determination of the case. No. 36 of 1897, s. 10. RETURNS. 1 1. Every justice of the peace who recrtves the amount of Returns and any fine, penalty, forfeiture or other sum of money which is '™"^™'**'^'°"" payable to the Government of the Territories shall forthwith after he has received the same transmit the amount to the attorney general with a statement as in form A in the schedule to this Ordinance. 2. Every justice of the peace by or before whom, whether alone or with one or more other justice or justices, any matter of any nature whatsoever is commenced, tried, heard, revised or adjudicated upon shall in the months of January and July in each year and before the fifteenth day thereof make a return in writing signed by him to the attorney general 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 some previous return made by such justice to the attorney general. 3. Such return shall be in form B in the schedule to this Ordinance and shall truly set forth the information indicated as required by the headings to the different columns in said form. 4. In case no proceedings whatever have been had or taken before any justice he shall make a return so stating. No. 15 of 1898, s. 1. 12. Any justice or justices of the peace whose duty it is to procedure make returns or transmit fines, penalties, forfeitures or other retu"nT'"^ 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 ofBce address of the said justice or justices by post prepaid and registered or delivered to the said ju.^tice or justices in person) requiring such justice or jastices forthwith to make such returns or transmit such amounts as aforesaid ; and after the expiration of thirty days 357 Cap. 32 ilAGISTRATES CO. from the posting or delivery of such notice should the said justice or justices still refuse or neglect to make such returns or transmit such amounts as aforesaid then the attorney general shall 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 ofBcial 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 commission of the peace ; and the Territorial secretary shall on the expiration of thirty days from the date of the first publication in The North-West Territories Gazette erase from the commission of the peace the name of every justice of the peace still in default and upon such erasure such justice or justices of the peace shall be and become de- prived of all power and authority and jurisdiction as justice of the peace and shall not thereafter be eligible for reappoint- ment. No. 36 of 1897, s. 13 : No. 15 of 1898, s. 3. Xeglect to make returns Penalties 1 3. The penalties in this Ordinance provided for omi.ssion to make returns shall be in addition to all other fines, penalties or punishment provided therefor by any other Ordinance or law in force in the Territories. No. 36 of 1897, .s. 16; No. 15 of 1898, 8. 5. Penalty for raaldng lalse return 14. In case the justice or justices before whom any such conviction takes place or who receives or receive any such money neglects or refuses, neglect or refuse to make such return thereof or in case any such justice or justices wilfully makes or make a false, partial or incorrect return every such justice so neglecting or refusing or wilfully making such false, partial or incorrect return shall forfeit and pay the sum of •SlOO 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. No, 36 of 1897, s. 18. 358 1898 MAGISTRATES SCHEDULE. FORM A. Cap. 32 The Attorney General, Regina, N.^V.T. Sir, I inclose herewith the sum of !? the penally 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 1 contraiy Your obedient servant. FORM B. Ret urn by Justice of the Peace. J.P. 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. "g b S S oi g « ^■g a 33 f-i 0:1 o a s ca o O ^ ""^ <1 O Oi o ^ a^ S to <1 0.2 a o 2-73 ,c Is ^ 0) 35 M Ot+H O o o Remarks, giving subsequent action, if any. Dated at J.P. 359 CHAPTER 33. An Ordinance^Respecting Constables. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : J iistices may appoint constables Duration of offlce Oath I . Any justice of the peace may in writing appoint one or more constables whose powers and duties as such shall extend to the whole of the Territories ; such appointment to be in force for the time mentioned in the appointment but shall at no time be longer in force than until the thirty-hrst day of December then next following the date of such appointment or until any process on the said thirty-first day of December in his hands be executed. R.O. c. 43, s. 1. 3. Every constable so appointed shall before entering upon the duties of his office take and subscribe before a justice of the peace the following oath : I, having been appointed constable for the North-West Territories do solemnly swear that I will truly, faithfully and impartially perform the duties appertaining to the said office according to the best of my skill and ability, help me God. R.O. c. 43, s. 2. So 360 CHAPTER 84. An Ordinauce I'especting Distress for Uent and Extra- judicial Seizure. rpHE Lieutenant Governor by and with the advice and con- JL sent of the Legislative Assembly of the Territories enacts as follows : 1. No person whosoever making any distress for rent nor costs in any person whosoever employed in any manner in making such nJ,fto"xceed distress or doing any act whatsoever in the course of such dis- ^I'l^lJJe tress or for carrying the same into effect shall have, take or re- ceive out of the proceeds of the goods and chattels distrained upon and sold or from the tenant distrained on or from the landlord or from any other person whomsoever any other or more costs and charges for and in respect of such distress or any matter or thing done therein than such as are fixed in the schedule to this Ordinance and applicable to each proceeding which shall have been taken in the course of such distress and no person or persons whosoever shall make any charge what- soever for any act, matter or thing mentioned in this Ordinance or in the said schedule unless such act, matter or thing shall have been really performed or done. R.O. c. 52, s. 1. 3. No person whosoever making any seizure under theseizm-e uniicr authority of any chattel mortgage, bill of sale or any other ex- mortligcs, tra judicial process whatsoever nor any person whosoever e™-r''*'"iated ployed in any manner in making such seizure or doing any act whatsoever in the course of such seizure or for carrying the same into effect shall have, take or receive out of the proceeds of the goods and chattels seized and sold from the person ao-ainst whom the seizure may be directed or from any other person whomsoever any other or more costs and charges for and in respect of such seizure or any matter or thing done therein or thereunder than such as are fixed in the schedule hereto and applicable to each act which shall have been done in course of such seizure and no person or persons whosoever shall make any charge whatsoever for any act or matter or thing mentioned in the said schedule unless such act, matter or thing shall have been really performed and done. R.O. c. 52, s. 2. 3. If any person making any distress or seizure referred to penalty for in sections 1 and 2 of this Ordinance shall take or receive any excSfivc other or greater costs than are set down in the said schedule costs or make any charge whatsoever for any act, matter or thing mentioned in the said schedule and not really performed or done the party aggrieved may cause the party making the said distress or seizure to be summoned before the Supreme Court of the judicial district in which the goods and chattels distrain- 361 Cap. 34 DISTRESS FOK RENT, ETC. C. 0. ml upon or seized or some portion thereof lie and the said court may order the party making the distress or seizure to pay to the party a(];grieved treble the amount of moneys taken con- trary to the provisions of this Ordinance and the costs of suit. K.O. c. 52, s. 3. iJistraint for rent limited to property of tenant Exceptions Di.^tres.^ for interest on mortgage 4. A landlord shall not distrain for rent on the goods and chattels the property of any person except the tenant or person Avho is liable for the rent although the same are found on the premises ; but thi.s restriction shall not apply in favour of a person claiming title under or by virtue of an execution against the tenant or in favour of any person whose title is derived by purchase, gift, transfer or assignment from the tenant whether absolute or in trust or by vvay of mortgage or otherwise nor to the interest of the tenant in any goods on the premises in the possession of the tenant under a contract for purchase or by which he may or is to become the owner thereof upon perform- ance of any condition nor where goods have been exchanged between two tenants or persons by the one borrowing or hiring from the other for the purpose of defeating the claim of or the I'ight of distress by the landlord nor shall the restriction apply where the propertj' is claimed by the wife, husband, daughter, son, daughter-in-law or son-in-law of the tenant or by any other relative of his in case such other relative lives on the premises as a member of the tenant's family. No. 7 of 1896, s 1. 3. The right of a mortgagee of land or his assigns to dis- train for intei'est in arrear or principal due upon a mortgage shall notwithstanding anything stated to the contrary in the mortgage or in any agreement relating to the same be limited to the goods and chattels of the mortgagor or his assigns and as to such goods and chattels to such only as are not exempt from seizure under execution. jS^o. 16 of 1898, s. 1. Notice of sale ^' ^'Oods distrained for such interest or principal shall not be sold except after such notice as is required to be given by a landlord who sells goods distrained for rent. No. 16 of 1898, s. 2. SCHEDULE. 1. Levying distress .$1 00 2. Man in possession, per day 1 50 3. Appraisement, whether by one appraiser or more, two cents on the dollar on the value of goods up to $500 and one per cent, on the dollar for each additional §•500 or fraction thereof up to §2,000, and one- half per cent, on all sums over that amount. 4. All reasonable and necessary disbursements for adver- tising. 5. Catalogue, sale, commission and delivery of goods, three per cent, on the net proceeds of the goods up to SI. 000 and one and one-half per cent, thereafter. 362 CHAPTER 35. An Ordinance respecting Arbitration. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : SHOUT TITLE. 1. This Ordinance may be cited as " The Arbttratioit Ordi- nance." No. 29 of 1891-2, S. 1. short title INTERPRETATION. 'i. In this Ordinance unless the contrav\' intention appears : . . „ . " "STibniission" 1. " bubmission means a written agreement to submit pre- sent or future differences to arbiti'ation whether an arbitrator is named therein or not ; 2. '■' Court " means the Supreme Court of the North-West Territories ; "JudKe" 3. " Judge " means a judge of the Supreme Court of the North-West Territories ; "Rules of 4. "Rules of Court" means the rules of the Supreme Court ™™''*" of the North-West Territories. No. 29 of 1891-92, s. 17. REFERENCES BY CONSENT OUT OF COURT. 3. A submission unless a contrary intention is expressed submiRsion therein shall be irrevocable except by leave of the court or a judge and shall have the same effect in all respects as if it had been made an order of court. No. 29 of 1891-2, s. 2. 4. A submission unless a contrary intention is expressed jjj'^u^'e"'"" therein shall be deemed to include the provisions set forth in provisions in the schedule to this Ordinance so far as they are applicable to*''' the reference under submission. No. 29 of 1891-92, s. 3. 5. If any party to a submission or any person claiming staj- of through or under him commences any legal proceedings in any p™"®"^ '"S** court against any other party to the submission or any person claiming through or under him in respect of any matter agreed to be referred any party to such legal proceedings may at any time after appearance and before delivering any pleadings or taking any other steps in the proceedings apph' to that court to stay the proceedings and that court or a judge thereof if satis- fied that there is no sufficient reason v.hy the matter should not be referred in accordance with the submission and that the ap- plicant was at the time when the proceedings were commenced and still remains ready and willing to do all things necessary to the proper conduct of the arbitration may make an order staying the proceedings. No. 29 of 1891-92, s. 4. 363 Cap. 35 ARBITRATION CO. Appointment of arbitrator in certain oases 6. In any of the following cases : («) Where a. submission provides that a reference shall be to a single arbitrator and all the parties do not after differences concur in the appointment of an arbitrator ; (b) If an arbitrator refuses to act or is incapable of acting or dies and the submission does not show that it was intended that the vacancy should not be supplied and the parties do not supply the vacancy ; (c) Where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator and do not ap- point him ; {d) Where an appointed umpire or arbitrator refuses to act or is incapable of acting or die.'' and the sub- mission does not .show that it was intended that the vacancy should not be supplied and the parties or arbitrators do not supply the vacancy ; any party may serve the other parties or the arbitrators as the case may be with a written notice to appoint an arbitrator, um- pire, or third arbitrator. If the appointment is not made within seven clear daj's after the service of the notice the Court or a judge may on application by the party who gave the notice appoint an arbitrator, umpire or third arbitrator who shall have the like powers to act in the reference and make an award as if he had been appointed l)y consent of all parties. No. 29 of 1891-92, .'*, -5. _ T. U here a submission provides that the reference shall be of'arbitrators, to two arbitrators one to be appointed by each party then un- wliere two , ,.. , ■ , ,■ required less the submission expresses a contrary intention — 1. If either of the appointed arbitrators refuses to act or is incapable of acting or dies the party who appointed him may appoint a new arbitrator in his place ; 2. If on such a reference one party fails to appoint an arbi- trator either originally or by way of substitution as aforesaid for seven clear days after the other party having appointed his arbitrator has served the party making default with notice to make the appointment the party who has appointed an arbi- trator may appoint that arbitrator to act as sole arbitrator in the reference and his award shall be binding on both parties as if he had been appointed by consent : Provided that the Court or a judge may set aside any appointment made in pursuance of this section. No. 29 of 1891-92, s. 6. Appointment i^owcrs of arbitrator 8. The arbitrators or umpire acting under a submission shall unless the submission expresses a contrary intention have power : 1. To administer oaths to or take the affirmations of the parties and witnesses appearing ; and 2. To state an award as to the whole or part thereof in the form of a special case for the opinion of the Court ; and 3. To correct in an award any clerical mistake or error aris- ing from any accidental slip or omission. No. 29 of 1891-92, s. 7. 364 1898 ARBITRATION Cap. 35 3 0. For the purpose of procuring the attendance of a witness Summoning at an arbitration any party to a submission may sue out a writ °' ^'*"''^'^''*' of subpoena ad testificandum or a writ of subpoena duces tecum but no person shall be compelled under anj'' such writ to produce any document which he could not be compelled to pro- duce on the trial of an action. (2) Such writs may be obtained from any clerk of the court or deputy clerk of the court on payment of the fees prescribed in The Judicature Ordinance. No. 29 of 1891-92, s. 8. 10. The time for making an award may from time to time Enlargement be enlarged by order of the Court or a judge whether the time°^aM^*°^ for making an award has expired or not. No. 29 of 1891-92, s. 9. 11. In all cases of reference to arbitration the Court or a Reoonsidera- judge may from time to time remit the matters referred or any^j?jJ5(,^J,Qj. of them to the reconsideration of the arbitrators or umpire ; (2) Where an award is remitted the arbitrators or umpire shall unless the order otherwise directs make their award within six weeks after the date of the order. No. 29 of 1891- 92, s. 10. 1 3. Where an arbitrator or umpire has misconducted him- Misconduct self the Court or a judge may remove him. of arbitrator (2) Where an arbitrator or umpire has misconducted himself Setting aside or an arbitration or award has been improperly procured the ^^"^^ Court may set the award aside. No. 29 of 1891-92, s. 11. 1 3. An award on a submission may by leave of the Court or Enforcement a judge be enforced in the same manner as a judgment or order °' ^^^'''^ to the same effect. No. 29 of 1891-92, s. 12. GENERAL. 1 4. The Court or a judge may order that a writ of subpoena Attendance ad testificandum or of subpoena duces tecum shall issue to com- brf^rereferee pel the attendance before an oiEcial or special referee or before <"^ arbitrator any arbitrator or umpire of a witness wherever he may be within the Territories, (2) The Court or a judge may also order that a writ of habeas corpus ad testificandum, shall issue to bring up a prisoner for examination before an official or special referee or before any arbitrator or umpire. No. 29 of 1891-92, s. 13. 1 5. Any referee, arbitrator or umpire may, at any stage of specia,i case the proceedings under a reference, and shall if so directed by 't'court'"" the Court or a judge state in the form of a special case for the opinion of the Court any question of law arising in the course of the reference. No. 29 of 1891-92, s. 14. 1 6. Any order made under this Ordinance may be made on costs such terms as to costs or otherwise as the authority making the order thinks just. No. 29 of 1891-92, s. 15, 365 Cap. 35 ARBITRATION CO. Directions for arbitration to be deemed siibmis^iion 1 7. Whenever it is directed by any Ordinance that any party or parties shall proceed to the appointment of arbitrators 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. No. 38 of 1897, s. 18. SCHEDULE. Single arbitrator ITmpire Time and manner of award Arbitrators not agreeing, uminre to act Time for umpired a^vard Examination of parties l^roduction of papers Oath or atHrmation I'^inality of a ward ('u^tS0f refercficr (a) If no other mode of reference is provided the reference shall be to a single arbitrator. (6) If the reference is to two arbitrators the two arbitrators may appoint an umpire at any time within the period during which they have power to make an award. ((■) The arbitrators shall make their award in writing within six weeks after entering on the reference or after having been called on to act by notice in writing from any party to the sub- mission or on or before »ny later daj' to which the arbitrators by any writing signed hy them may froixi time to time enlarge the time for making the award. (d) If the arbitrators have allowed their time or extended time to expire without making an award or have delivered to an}^ 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 after the original or extended time appointed for making the award of the arbitrators has expired or on or before any later dav to which the umpire by any writing signed by him may from time to time enlarge the time for making his award, (/) The parties to the reference and all persons claiming through them respectively .shall subiect to any legal objection submit to be examined by the arbitrators or umpire on oath or affirmation in relation to the matters in dispute and shall sub- ject as aforesaid produce before the arbitrators or umpire all books, deeds, papers, accounts, writings and documents within their possession or powei' 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. (g) The witnesses on the reference shall if the arbitrators or umpire think fit be examined on oath or affirmation. (Ji.) The a.ward to l;ie made hy the umpire or arbitrators .shall be final and binding on the parties and the persons claiming under them respectively. (;') The costs of the reference and award shall be in the dis- cretion of the arbitiiitors or urnpire who may direct to and by whom and in what manner the C(jsts or any part thereof shall be paid and may tax or settle the amount of costs to be so paid or anj^ part thereof. No. 29 of 1893. 366 CHAPTER 36. An Ordinance respecting the Investigation of Ac- cidents by Fire. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : I. Any justice of the peace may subject to the provisions here- Magistrate inafter contained institute an inquiry into the cause or oriD;inf™P?2Y'',"^'J, *° 01 any fare and whether it was kindled by design or was the cause of fires result of negligence or accident and act according to the result of such inquiry. No. 16 of LS9.5, s. ] ; No. 3Sof l897,s. 19(1, 2). 3. No justice of the peace shall institute an inquiry into the No inquiry to cause or origin of any such fire until a sworn .statement in o^ rlasonaWe' writing has been made before him that there is reasonable ^'^p*"™ suspicion that such fire was the result of culpable or negligent conduct or design or occurred under such circumstances as in the interests of justice and for the due protection of property require an investigation nor until such statement having been received by hiin he has reported the same to the attoj-ney general and received from the attorney general authority to make such inquiry. No. IC of 1895, s. 2; No. 38 of 1897, s. 19 (3). 3. For the purpose of any inquiry under this Ordinance Examination such justice of the peace shall summon and bring before him °' »'t"^'"*"-'« all persons whom he deems capable of giving information or evidence touching or concerning such fire and' shall examine such persons on oath and shall reduce their examinations to writing and return the same to the attorney general. No. 16 of 1895, s. 4 ; No. 38 of 1897, s. 19 (5). 4. If any person having been duly summoned as a witness Penalty for to give evidence upon any such inquiry does not after being™ witn'eRs'"*^ 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 inquirj' and if the same is not paid v.-ithin the space of seven days after such certificate has been served as aforesaid a wari'ant of distress shall be issued by the justice of the peace to be levied on the goods and chattels of such oiTender and in default of such distress or if such distress shall prove insufficient such justice of the peace may commit the offender to prison for any term not exceeding twenty-one days. Nc. 10 of 1895, s. 5 ; No. 38 of 1897, s. 19 (6). 367 TITLE IV. DELATING TO REAL PROPERTY. CHAPTER 37. An Ordinance Respecting Land held by two or more Persons. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : Ownerstohoid 1. Whenever by any letters patent, transfer, conveyance, as- common^'^^" surancc, will or other assignment land or any interest in l&nd int'*nti ^^ granted, transferred, conveyed, assigned or devised to two or otherwise more persons other than executors or trustees in fee simple or for any less estate legal or equitable such persons shall take as tenants in common and not as joint tenants unless an intention sufficiently appears on the face of such letters patent, convey- ance, assurance, will or other assignment that they take as joint tenants. R.O. c. 54, s. 1. 368 CHAPTER 38. An Ordinance respecting the Holding of Lands in Trust for Religious Societies and Congregations. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : 1 . When any religious society or congregation of Christians Trustee may in the Territories desire to take a conveyance or transfer of to^oid'ianda land for the site of a church, chapel, meeting house, burial ground, residence or glebe for the minister or for the support of public worship and the propagation of Christian knowledge such society or congregation may appoint trustees, to whom and their successors to be appointed in such manner as may be specified in the deed of conveyance or transfer or by resolution passed in the manner provided for in the tenth section of this Ordinance the land requisite for all or any of the purposes aforesaid may be conveyed or transferred and such trustees and their successors in perpetual succession by the name expressed in the deed or resolution may take hold and possess the land and maintain and defend all actions or suits for the protection thereof or of their property therein : Provided always that no religious society or congregation Lands not shall be capable of holding under the provisions of this Ordi-320'^acras'^ nance more than three hundred and twenty acres of land. E.O. c. H5, s. 1 ; No. 17 of 1S98, s. 1. 3. Such trustees shall within twelve months after the Conveyance to execution of the transfer or deed of conveyance as authorised wit^hm^'"™*^ in the next preceding section cause the title to the land de-™'^y^*''' 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. R.O. c. 35, s. 2 ; No. 17 of 1898, s. 1. 3. When a debt has been or may hereafter be contracted for Debts secured the building, repairing, extending or improving a church, chapel, ^'^ ™°rtgage meetinghouse or residence for the minister on land held by trustees under the provisions of this Ordinance or for the pur- chase of the land on which the same has been or is intended to be erected the trustees or a majority of them may from time to time secure payment of the debt or any part thereof with or without interest by mortgage upon the land, church, chapel, meetinghouse or residence for the minister or may borrow Power to money to pay the debt or any part thereof and may secure the^""™'"'' repayment of the loan with or without interest by a like mort- gage. R.O. c. 35, s. 3. 4. The trustees may lease for any term not exceeding twenty- l^^y^?^™^^ one years land held by them under this Ordinance or part 24 369 Cap. 38 LANDS OF RELIGIOUS SOCIETIES CO. thereof at such rent and upon such terms as the trustees or a majority o£ them may deem reasonable ; Provided always that the trustees shall not lease any land which at the time of the making of the lease is necessary for the purpose of erecting a church, chapel, 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 When consent Provided further that the trustees shall not lease the land so TOng?e|ation held by them or any part thereof for a term exceeding three years without the consent of the religious society or congrega- tion for whose use the land is held, which consent shall be signified by resolution passed by the votes of a majority of those persons who by the constitution of the said religious society or congregation or by the practice of the church with which it is connected are entitled to vote in respect of church business, present at a meeting of the religious society or congre- gation duly called for the purpose of considering the proposed lease. R.O. c. 35, s. 4. to lease necessary Renewal of lease Trustees to have powers of landlords Sale of land 5. In any lease made under the last preceding section the trustees may covenant or agree for the renewal thereof at the expiration of any or every term of twenty-one years for a further term of twenty-one years or any less period at such rent and on such terms as may then by the trustees for the time being be agreed upon with the lessee, his executors, administrators or as.signs or may covenant or agree for the payment to the lessee, his executors, adminis- trators or assigns of the value of any buildings or other im- provements which may at the expiration of any term be on the demised premises ; and the mode of ascertaining the amount of such rent or the value of such improvements may also be pro- vided for in the original or any subsequent lease. R.O. c. 35, s. 5. 6. The trustees for the time being holding land under this Ordinance which has been leased under the powers contained in the fourth and fifth sections of this Ordinance may take all such means and proceedings for the recovery of rent or arrears of rent which landlords are by law entitled to take. R.O. c. 35, 8. 6. T. When land held by trustees for the use of a religious society or congregation becomes unnecessary to be retained for such use and it is deemed advantageous to sell the same the trustees for the time being may give public notice of an intended sale, specifying the premises to be sold, the terms of payment and the time of sale and after publication of the notice not less than once in each week for four successive weeks in a newspaper published in or near the place where the land is situated, sell the land at public auction according to notice, but the trustees shall not be obliged to complete or carry a sale into eflf'ect if in their judgment an adequate price is not offered for the land ; and in such a case the trustees may at a subsequent time sell the land either at public auction or private sale but a less sum shall not be accepted at private sale than was offered at public sale. R.O. c. 35, s. 7 370 1898 LANDS OF RELIGIOUS SOCIETIES Cap. 38 < 8. Before a deed or transfer is executed in pursuance of a Sanction of public or private sale the religious society or congregation forjraSer 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. R.O. c. 35, s. 8; No. 17 of 1898, s. 1. 9. Trustees selling of leasing land under the authority of Annual this Ordinance shall in the month of Jamiary 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 all sums of money in their hands for the use and benefit of the said society or congregation which were in any manner derived from the land under their control or subject to their manage- ment or from the proceeds of the sale thereof and also showing the manner in which they may have expended or dealt with the said money or any part thereof. R.O. c. 35, s. 9. 10. When land is granted, transferred or conveyed to Society or trustees for the use of any religious society or congregation and may sploify" the grant, transfer or deed of conveyance of such land does not JJi,p°inti°g specify the manner in which the successors to the trustees succeeding 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 duly called according to the constitution thereof or according to the practice of the church with which it is connected, by the votes of a majority of those persons who by the constitution of the said society or con- gregation or by the practice of the church with which it is connected are entitled to vote in respect of church business, then present at such meeting, pass a resolution specifying the manner in which the successors of the trustees for the time then being are to be appointed and such resolution indorsed on or annexed to the deed, transfer or conveyance under which the land is held for the use of the said society or congregation signed by the chairman and secretary of the meeting at which the 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 provisions of this Ordinance shall apply to the said society or congregation and the trustees thereof. R.O. c. 35, s. 10 ; No. 17 of 1898, s. 1. 1 1. In the case of a congregation connected with the Pres- 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 Presbj'terian Church in Canada for Manitoba and the North- West pursuant to the powers contained in the Act of Parlia- 2U 371 Cap. 38 LANDS OF RELIGIOUS SOCIETIES C. 0, inent of Canada passed in the forty-sixth year of the reign of Her Majesty and chaptered 97, incorporating the said board of management, in the case of any congregation of the said church which has received from the said board a loan under the pro- visions of the said Act, no resolution passed under the last preceding section shall have any force or be operative until the same has been submitted to the said board of management and the consent thereto of the said board of management has been esgrossed in wi'iting under their corporate seal. R.O. c. 35, s. 11. 372 TITLE V. RELATING TO MERCANTILE LAW. CHAPTER 39. An Ordinance respecting the Sale of Goods. 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 Sale of Goods Or- short title dinance." No. 10 of 1896, s. 60. INTERPRETATION. 3. In this Ordinance unless the context or subject matter interpretation otherwise requires : {a) " Action " includes counterclaim and set off; (b) " Buyer " means a person who buys or agrees to buy goods ; (c) " Contract of sale " includes an agreement to sell as well as the sale ; {d) " Delivery " means voluntary transfer of possession from one person to another ; (e) " Document of title to goods " has the same meaning as it has in The Factors' Ordinance ; (f) " factors' Ordinance" means The Factors' Ordinance and any enactment amending or substituted for the same ; ig) " Fault " means wrongful act or default ; (A) " Future goods " means goods to be manufactured or acquired by the seller after the making of the con- tract of sale ; (i) " Goods " includes all chattels personal other than things in action or money. The term includes imple- ments, industrial growing crops and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale ; ij) " Property " means the general property in goods and not merely a special property ; 373 Cap. 39 SALE OF GOODS CO. (k) " Quality of goods " includes their state or condition ; (I) " Sale " includes a bargain and sale as well as a sale and delivery ; (m) means a person who sells or agrees to sell (n) {0) Seller goods ; " Specific goods ' means goods identified and agreed upon at the time a contract of sale is made ; " Warranty " means an agreement with reference to goods which are the subject of a contract of sale but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the con- tract as repudiated. (2) A thing is deemed to be done " in good faith " within the meaning of this Ordinance when it is in fact done honestly whether it be done negligently or not. (3) A person is deemed to be insolvent within the meaning of this Ordinance who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they be- come due. (4) Goods are in a " deliverable state " within the meaning of this Ordinance when they are in such a state that the buyer would under the contract be bound to take delivery of them. No 10 of 1896, s. 58. PART I. FORMATION OF THE CONTRACT. Sale and agreement to sell Capacity to buy and sell Contract of Sale. 3. A contract of sale of goods is a contract whereby the sel- ler transfer.^ or agrees to transfer the property in goods to the buyer for a money consideration called the price. There may be a contract of sale between one part owner and another. (2) A contract of sale may be absolute or conditional. (3) Where under a contract of sale the property in the goods is transferred from the seller to the buyer the contract is called a sale ; but where the transfer of the property m the goods is to take place at a future time or subject to .some condition thereafter to be fulfilled the contract is called an aareement to sell. ^ (4) An agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred. No. 10 of 1896, s. 1. 4. Capacity to buy and sell is regulated by the general law concerning capacity to contract and to transfer and acquire property : 374 1898 SALE OF GOons Cap. 39 8 Provided that where necessaries ai-e sold and delivered to an Proviso 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. No. 10 of 1896, s. 2. Formalities of the Contract. 5. Subject to the provisions of this Ordinance and of any Contract of Ordinance in that behalf a contract of sale may be made in niaic 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- Proviso lating to corporations. No. 10 of 1896, s. 3. 6. A contract for the sale of any goods of the value of fifty contract dollars or upwards shall not be enforceable by action unless anl^ip^vards the buyer shall accept part of the goods so sold and actually receive the same or give something in earnest to bind the con- tract or in part payment or unless some note or memorandum in writing of the contract be made and signed by the party to be charged or his agent in that behalf. (2) The provisions of this section apply to every such con- tract notwithstanding that the goods may be intended to be delivered at some future time or may not at the time of such contract be actually made, procured or provided or fit or ready for delivery or some act may be requisite for the making or completing thereof or rendering the same fit for delivery. (3) There is an acceptance of goods within the meaning of this section when the buyer does any act in relation to the goods which recognises a pre-existing contract of sale whether there be an acceptance in performance of the contract or not. No. 10 of 1896, s. 4. Subject matter of Contract. 1. The goods which form the subject of a contract of sale Existing or may be either existing goods owned or possessed by the seller " "^^^oo ^ or goods to be manufactured or acquired by the seller after the making of the contract of sale, in this Ordinance called " future goods." (2) There may be a contract for the sale of goods the acqui- sition of which by the seller depends upon a contingency which may or may not happen. (3) Where by a contract of sale the seller purports to effect a present sale of future goods the contract operates as an agree- ment to sell the goods. No. 10 of 1896, s. 5. 8. Where there is a contract for the sale of specific goods Woods wiiicb and the goods without the knowledge of the seller have perish- ^""^ pens^c 375 Cap. 39 SALE OF GOODS CO. Goods perishing before sale but after agreement to sell ed at the time when the contract is made, the contract is void. No. 10 of 1896, s. 6. 9. Where there is an agreement to sell specific ^oods and subsequently the goods without any fault on the part of the seller or buyer perish before the risk passes to the buyer the agreement is thereby avoided. No. 10 of 1896, s. 7. The Price. Ascertain- ment of price Agreement to sell at valuation 10. The price in a contract of sale may be fixed by the contract or may be left to be fixed in manner thereby agreed or may be determined by the course of dealing between the parties. (2) Where the price is not determined in accordance with the foregoing provisions the buyer must pay a reasonable price. Wliat is a reasonable price is a question of fact dependent on the circumstances of each particular case. No. 10 of 1896, s. 8. 11. Where there is an agreement to sell goods on the terms that the price is to be fixed by the valuation of a third party and such third party cannot or does not malce 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. No. 10 of 1896, s. 9. Conditions and Warranties. stipulations as to time When condition to be treated as warranty 1 3. Unless a different intention appears from the terms of the contract stipulations as to time of payment are not deemed to be of the essence of a contract of sale. Whether any other stipulation as to time is of the essence of the contract or not depends on the terms of the contract. (2) In a contract for sale " month " means privia facie calendar month. No. 10 of 1896, s. 10. 13. Where a contract or sale is subject to any condition to be fulfilled by the seller the buyer may waive the condition or may elect to treat the breach of such condition as a breach of warranty and not as a ground for treating the contract as repudiated. (a) Whether a stipulation in a contract of sale is a con- dition the breach of which may give rise to a right to treat the contract as repudiated or a warranty the 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. 376 1898 SALE OF GOODS Cap. 39 5 (6) 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 floods 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. No. 10 of 1896, s. 11. 14. In a contract of sale unless the circumstances of the implied contract are such as to show a different intention there is : as to'tufe,"ftc. 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. No, 10 of 1896, s. 12. 15. When there is a contract for the sale of goods by de- Sale by scription there is an implied condition that the goods shall '=>*''"Pt^°" 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. No. 10 of 1896, s. 13. IC. Subject to the provisions of this Ordinance and of anj implied Ordinance in that behalf there is no implied warranty or con- a° to'quailtj- dition as to the quality or fitness for any particular purpose of °^ fl'"®"" goods supplied under a contract of sale except as follows : 1. Where the buyer expressly or by implication makes known to the .seller the particular purpose for which the goods are required so as to show that the buyer relies on the seller's skill or judgment and the goods are of a description which it is in the course of the seller's business to supply (whether he be the manufacturer or not) there is an implied condition that the goods shall be reasonably fit for such purpose : Provided that in the case of a contract for the sale of a speci- fied 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 manufac- turer or not) there is an implied condition that the goods shall be of merchantable quality : Provided that if the buyer has examined the goods there 377 6 Cap. 39 SALE OK goods C. 0. .shall loe no implied condition as regards defects which such ex- amination 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. No. 10 of 1896, s. 14. Sale by Sample. Sale by 1 'I . A contract of sale is a contract for sale by sample where sample there is a term in the contract express or implied to that effect. (2) In the case of a contract for sale by sample : [a) There is an implied condition that the bulk shall cor- respond with the sample in quality ; (6) 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 the sample. No, 10 of 1896, s. 15. PART II. EFFECTS OF THE CONTRACT. Transfer of Property as between Seller and Buyer. Goois must 1 8. Where there is a contract for the sale of unascertained be ascertained gQoJs no property in the goods is transferred to the buyer unless and until the goods are ascertained. No. 10 of 1896, s. 16. Property * 9. Where there is a contract for the sale of specific or ascer- Fntended'^™ Gained goods the property in them is transferred to the buyer to pass at such time as the parties to the contract intend it to be trans- ferred. (2) For the purpose of ascertaining the intention of the par- ties regard shall be had to the terms of the contract, the conduct of the parties and the circumstances of the case. No. 10 of 1896, s. 17. Rules for ^^' Unless a diff'erent intention appears the following are ascertaining j-uJes for ascertaining the intention of the parties as to the time intention t.ii P-ji i* at which the property m the goods is to pass to the buyer : Ride 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 postponed. 378 1898 SALE OF GOODS Cap. 39 .' » Rule //.—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 pi'ice, 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 buj'er 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 ; (h) 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 miy be expressed or implied and may be given either before or after the appropriation is made ; (2) Where in pursuance of the contract the seller deliv- ers the goods to the buyer or to a carrier or other bailee or custodier (whether named by the buyer or not) for the purpose of transmission to the buyer and does not reserve the right of disposal he is deemed to have unconditionally appropriated the goods to the contract. No. 10 of 1896. s. 18. 3 1 . Where there is a contract for the sale of specific goods Reservation or where goods are subsequently appropriated to the contract ^jgpg^i"' the seller may by the terms of the contract or appropri.ition re- serve the right of disposal of the goods until certain conditions are fulfilled. . In such case, notwithstanding the delivery of the goods to the buyer or to a carrier or other bailee or custodier for the purpose of transmission to the buyer, the property in the goods does not pass to the buyer until the conditions imposed by the seller are fulfilled. 2. Where goods are shipped and by the bill of lading the 379 8 Cap. 39 SALE OF GOODS C. O. goods are deliverable to the order of the seller or his agent the seller is prima facie deemed to have the right of disposal. 3. Where the seller of goods draws on the buyer for the price and transmits the bill of exchange and bill of lading to the buyer together to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honour the bill of exchange and if he v^rrongfully re- tains the bill of lading the property in the goods does not pass to him. No. 10 of 1896, s. 19. Risk prima ^3. Unless Otherwise agreed the goods remain at the seller's "rrith 'propertv ^^^'^ Until the property therein is transferred to the buyer but 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 cus- todier of the goods of the other party. No. 10 of 1896, s. 20. Transfer of Title. Sale by person 23. Subject to the provisions of this Ordinance, where good.s no owner ^^^ ^^^^ ^^ ^ pcrson 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 bettor title to the goods than the seller had unless the owner of the goods is by his conduct pre- cluded from denying the seller's authority to sell. Provided also that nothing in this Ordinance shall affect : (a) The provisions of The Factors' Ordinance or any enact- ment enabling the apparent owner of goods to dispose of them as if he were the true owner thereof ; (h) The validity of any contract or sale under any special common law or statutory power of sale or under the order of a court of competent jurisdiction. No 10 of 1896, s. 21. .Sale under 34. When the seller of goods has a voidable title thereto but Toidabie title his title has not been voided at the time of sale the buyer acquires a good title to the goods provided he buys them in good faith and without notice of the seller's defect of title No 10 of 1896, s. 23. Seller or buyer 'i5. Where a person having sold goods continues or is in pos- ine?faiir'°" 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 to any person re- ceivini;- 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. 380 1898 SALE OF GOOT)s Cap. 39 (2) Where a person having bought or agreed to buy goods obtains with the consent of the seller possession of the goods or the documents of title to the goods, the delivery or transfer to that person or by a mercantile agent acting for him of the goods or documents of title under any sale, pledge or other 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. No. 10 of 1896, s. 24. PAET III. Performance of the Contract. 36. It is the duty of the seller to deliver the goods and of Duties of the buyer to accept and pay for them in accordance with the buyer ^" terms of the contract of sale. No. 10 of 1896, s. 25. 2T. Unless otherwise agreed delivery of the goods and pay- Payment and ment of the price are concurrent conditions ; that is to say, the concurren™ seller must be read\' and willing to give possession of the goods ''°"'^^''°"^ t® 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. No. 10 of 1896, s. 26. 38. Whether it is for the buyer to take possession of the Rules as to 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 implied the place of delivery is the seller's place of business if he have one and, if not, his residence : Provided that if the contract be for the sale of specific goods which to the knowledge of the parties when the contract is made are in some other place, then that place is the place of delivery. (2) Where under the contract of sale the seller is bound to send the goods to the buyer but no time for sending them is fixed the seller is bound to send them within a reasonable time. (3) Where the goods at the time of the sale are in possession of a third person there is no delivery by seller to buyer unless and until such third person acknowledges to the buyer that he holds the goods 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. 381 SALE OF GOODS CO. 10 Cap. 39 (5) Unless otherwise agreed the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller. No'. 6 of 1896, s. 27. Delivery of 'i9. Where the seller delivers to the buyer a quantity of qiiantity goods less than he contracted to sell the buyer may reject them but if the buyer accepts the goods so delivered he must pay for them at contract rate. (2) Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell the buyer maj- accept the goods included in the contract and reject the rest or he may reject the whole. If the buyer accepts the whole of the goods so delivered he must pay for them at the contract rate. (3) Where the seller delivers to the buyer goods he con- tracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest or he may reject the whole. (4) The provisions of this section are subject to any usage of trade, special agreement or course of dealing between the parties. No. 10 of 1896, s. 28. Instalment deliveries Delivery to carrier 30. Unless otherwise agreed the buyer of goods is not bound 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 a,nd 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 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. No. 10 of 1896, s. 29. 31. Where in pursuance of a contract of sale the seller is authorised 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 ^rimot /aCT'c deemed to be a delivery of the goods to the buyer. (2) Unless otherwise authoiised 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 responsi- ble 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 382 1898 SALE OF GOODS Cap. 39 11 give such notice to the buver as may enable him to insure them during their sea transit and if tlie seller fails to do so the goods shall be deemed to be at his risk during such sea transit. No. 10 of 1896, s. 30. 3/J. Where the seller of goods agrees to deliver them at his Risk where own risk at a place other than that where they are when sold ggj^^grgi^ at the buyer must nevertheless unless otherwise agreed take any distant place risk of deterioration in the goods necessarily incident to the course of transit. No. 10 of 1896, s. 31. 33. Where goods are delivered to the buyer which he has Buyer's right not previously examined he is not deemed to have accepted g^o^^™^"'"^ theiQ unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract. (2) Unless otherwise agreed when the seller tenders delivery of goods to the buyer he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract. No. 10 of 1896, s. 82. 34. The buyer is deemed to have accepted the goods when Acceptance h^ intimates to the seller that he has accepted them or when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller or when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them. No. 10 of 1896, s. 33. 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. No. 10 of 1896, s. 34. 36. When the seller is ready and willing to deliver the goods H'^^^^'i^Jj,"* and requests the buyer to take delivery and the buyer does not neglecting or within a reasonable time after such request take dehvery of^fiwerfof the goods, he is liable to the .seller for any loss occasioned bysoo'i^ 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. No. 10 of 1896, s. 35. PAKT IV. Rights of Unpaid Seller against the Goods. 31. The seller of the goods is deemed to be an " unpaid sel- unpaid seller US U 383 ler " within the meaning of this Ordinance — defined 12 Cap. 39 SALE OF goods 0. O. (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 ful- filled 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 be^n indorsed or a consigner or agent who has himself paid or is directly re- sponsible for the price. No. 10 of 1896, s. 36. Unpaid seller's 38. Subject to the provisions of this Ordinance and of any "^ *^ 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 vvhile he is in possession of them ; (h) In the ease of the insolvency of the buyer a right of stopping the goods in transitu after he has parted with the possession of them ; (c) A right of resale as limited by this Ordinance. (2) Where the property in goods has not passed to the buyer the unpaid seller has in addition to his other remedies a right of withholding delivery similar to and coextensive with his rights of lien and stoppage in transitu where the property has passed to the buyer. No. 10 of 1896, s. 37. Unpaid Seller's Lien. Seller's lien 39. Subject to the provisions of this Ordinance the UTipaid 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 namelj^ : (a) Where the goods have been sold without any stipula- tion as to credit ; (6) 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 ef the goods as agent or bailee for the buyer. No. 10 of 1896, s. 38. Part delivery 40. Where an unpaid seller has made part delivery of the goods he may exercise his right of lien or retention on the re- mainder unless such part delivery has been made under .such circumstances as to show an agreement to waive the lien or rio-ht of retention. No. 10 of 1896, s. 39. 384 1898 SALE OF GOODS Cap. 39 13 4 1 . The unpaid seller of jjoods loses his lien or right of reten- Termination .■ ,-, ° ° of lien tion 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 reten- tion thereon does not lose his lien or right of retention by rea- son only that he has obtained judgment or decree for the price of the goods. No. 10 of 1896, s. 40. Stoppage in Transitu. 43. Subject to the provisions of this Ordinance when the Right of buyer of goods becomes insolvent the unpaid seller who has irSSi^f'" 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. No. 10 of 1896, s. 41. 43. Goods are deemed to be in course of transit from the Duration of time when they are delivered to a carrier, by land or water, or other bailee for the purpose of transmission to the buyer, until the buyer or his agent in that behalf takes delivery of them from such carrier or other bailee. (2) If the buyer or his agent in that behalf obtains delivery of the goods before their arrival at the appointed destination the transit is at an end. (3) If after the arrival of the goods at the appointed destina- tion the carrier or other bailee acknowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee for the buyer or his agent the tran- sit is at an end and it is immaterial that a further destination for the goods may have been indicated by the buyer. (4) If the goods are rejected by the buyer and the carrier or other bailee continues in possession of them the transit is not deemed to be at an end even if the seller has refused to receive them back. (5) When goods are delivered to a ship chartered by the buyer it is a question depending on the circumstances of the particular case whether they are in the possession of the master as a carrier or as agent to the buyer. (6) Where the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent in that behalf the transit is deemed to be at an end. (7) Where part 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 25 38.5 u Cap. 39 SALE OF GOODS CO. made under such circumstances as to show an agreement to give up possession of the whole of the goods. No. 10 of 1896, s. 42. How stoppage 44. The unpaid seller may exercise his right of stoppage Uectecr ^ in transitu either by taking actual possession of the goods or by giving notice of his claim to the carrier or other bailee in whose possession the goods are. Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice to be effectual must be given at such time and under such circumstances that the principal by the exercise of reasonable diligence may com- municate it to his servant or agent in time to prevent a delivery to the buyer. (2) When notice of stoppage in transitu is given by the seller to the carrier or other bailee in possession of the goods he must redeliver the goods to or according to the direction of the seller. The expenses of such redelivery must be borne by the seller. No. 10 of 1896, s. 43. Effect of subsale or g ledge by uycr Resale by Buyer or Seller. 45. Subject to the provisions of this Ordinance the unpaid seller's rici;ht of lien or retention or stoppage in transitu is not affected by any sale or other disposition of the goods which the buyer may have made unless the seller has assented thereto : Provided that where a document of title of goods has been lawfully transferred to any person as buyer or owner of the goods and that person transfers the document to a person who takes the document in good faith and for valuable considera- tion then if such last mentioned transfer was by way of sale, the unpaid seller's right of lien or retention or stoppage in transitu is defeated and if such last mentioned tran.sfer 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 tran.sferee. No. 10 of 1896, s. 44. Sale not generally rescinded by lien or stoppage in transitu 46. Subject to the provisions of this section a contract of sale is not rescinded by the mere exf;rcise by an unpaid seller of his right of lien or retention or stoppage va transitu. (2) Where an unpaid seller who has exercised his right of lien or retention or stoppage in transitu, resells the goods the buyer acquires a good title thereto as against the original buyer ; (3) Where the goods are of a perishable nature or where the unpaid seller gives notice to the buyer of his intention to re- sell and the buj^er does not within a rea.sonable time pay or tender the price the unpaid seller may resell the goods and recover from the original buyer damages for any loss oc- casioned bv his breach of contract. (4) Where the .seller expressly reserves a right of resale in 1898 SALE OF GOODS Cap. 39 15 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. No. 10 of 1896, s. 45. PART V. ACTIONS FOR BREACH OF THE CONTRACT. Remedies of the Seller. 47. Where under a contract of sale the property in the goods Action for has passed to the buyer and the buyer wrongfully neglects or '"""^ refuses to paj^ 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. (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 conti-act. (3) Nothing in this section shall prejudice the right of the seller to recover interest on the price from the date of tender of the goods or from the date on which the price was payable, as the case may be. No. 10 of 1896, s. 46. 48. Where the buyer wrongfully neglects or refuses to ac- Damages cept 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. No. 10 of 1896, s. 47. Remedies of the Buyer. 49. Where the seller wrongfully neglects or refuses to de- Damages for liver the goods to the buyer the buyer may maintain an action "™"'^®^"®'''' against the seller for damages for nondelivery. (2) The measure of damages is the estimated loss directly and naturally resulting in the ordinary course of events from the seller's breach of contract. (3) Where there is an available market for the goods in ques- tion the measure of damages is prima facie to be ascertained 25| 387 16 Cap. 39 SALE OF GOODS CO. by the difference between the contract price and the market or current pric<^ 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. No. 10 of 1896, s. 48. Specific performance 50. In any action for breach of contract to deliver specific or ascertained goods the Court may if it thinks fit on the appli- cation of the plaintiff by its judgment or decree direct that the contract shall be performed specifically without giving the de- fendant the option of retaining the goods on payment of damages. The judgment or decree may be unconditional or upon such terms and conditions as to damages, payment of the price !ind otherwise as to the Court may seem just and the ap- plication by the plaintiff may be made at any time before judg- ment or decree. No. 10 of 1896, s. 49. Remedy for breach of warranty Interest and special damages 51. Where there is a breach of warranty by the seller or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty the buyer is not by reason only of such breach of warranty entitled to reject the goods ; but he may — (a) Set up against the seller the breach of warranty in diminution or extinction of the price ; or (b) Maintain an action against the seller for damages for tlie 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 23rima facie the diflerence 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 waj-- 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. No. 10 of 1896, s. 50. 53. 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 recover- able or to recover money paid where the consideration for the payment of it has failed. No. 10 of 1896, s. 51. PAET VI. SUPPLEMENTARY. Exclusion of implied terms ij. f and conditions COntt act 01 53. Where any right, duty or liability would arise under a sale by implication of law it may be negatived or varied by express agreement or by the course of dealing be- tween the parties or by usage if the usage be such as to bind both parties to the contract. No. 10 of 1896, s. 52, 388 1898 SALE OF GOODS Cap. 39 l7 54. Where by this Ordinance any reference is made to a Reasonable reasonable time the questiou what is a reasonable time is a question question of fact. No. 10 of 1896, s. 53. ""'"'^^ 55. Where anj:' right, duty or liability is declared by this Rights, etc., Ordinance it may unless otherwise by this Ordinance provided by aoS " be enforced by action. No. 10 of 1896, s. 54. 5G. In the case of a sale by auction : Auction sales (1) Where goods are put up for sale by auction in lots each lot is 'prima facie deemed to be the subject of a separate con- tract of sale. (2) A sale by auction is complete when the auctioneer an- nounces its completion by the fall of the hammer or in other customary manner. Until such announcement is made any bidder may retract his bid. (3) Where a sale by auction is not notified to be subject to a right to bid on behalf of the seller it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale or for the auctioneer knowingly to take any bid from the seller or any such person. Any sale contravening this rule may he treated as fraudulent by the buyer. (4) A sale by auction may be notified to be subject to a re- serve 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 on his behalf may bid at the auction. No. 10 of 1896, s. 55. 5T. Where a buyer has elected to accept goods which he Payment into might have rejected and to treat a breach of contract as only bJelchrf"" giving rise to a claim for damages he may in an action by the™^^"*'' 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. No. 10 of 1896, s. 56. 58. The rules of the common law including the law merchant Existing laws save in so far as they are inconsistent with the express pro- fubjlcrhereto visions of this Ordinance and in particular the rules relating to the law of principal and agent and the effect of fraud, misrepre- sentation, 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 re- lating to bills of sale or any enactment relating to the sale of goods which is not expressly repealed by this 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 pi^f^B^s of sale which is intended to operate by way of mortgage, pledge, charge or other security. No. 10 of 1896, s. 57. 389 Short title CHAPTER 40. An Ordinance respecting Factors and Agents. 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 Factors' Ordi- nance." No. 9 of 1896, s. 15. Interpretation "Mercantile agent " 'Goods" "Document of title" "Pledge" ' Person '" Powers ot mercantile agents respecting disposition of goods INTERPRETATION. %, For the purposes of this Ordinance — 1. The expres.sion " mercantile agent " shall mean a mercan- tile agent having, in the customary course of his bu.sine.ss as such agent, authority either to sell goods or to consign goods for the purpose of sale or to buy goods or to raise money on the security of goods ; 2. A person shall be deemed to be in possession of goods or of the documents of ritle to goods where the goods or documents are in his actual custody or are held by any other person sub- ject to his control or for him or in his behalf ; 3. The expression " goods " shall include wares and merchan- dise; 4. The expression " document of title " shall include any bill of lading, dock warrant, warehousekeeper's certificate or war- rant or order for the delivery of goods and any other document used in the ordinary course of business as proof of the posses- sion or control of goods or authorising or purporting to author- ise either by indorsement or delivery the possessor of the docu- ment to transfer or receive goods thereby represented ; 5. 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 ad- vance or of any pecuniary liability ; 6. The expression " person " shall include any body of per- son.s corporate or unincorporate. No. 9 of 1896, s. 1. DISPOSITIONS BY MERCANTILE AGENTS. «{. Where a mercantile agent is, with the consent of the own- er, 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 Ordinance be as valid as if he were expressly authorised by the owner of the goods to make the same : 390 18'98 FACTORS Cap. 40 : 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 tlie documents of title to goods any sale, pledge or other disposition which would have been valid if the consent had continued, shall be valid notwith- standing 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 con sent of the owner. (4) For the purposes of this Ordinance the consent of the owner shall be presumed in the absence of evidence to the con- trary. No. 9 of 1896, s. 2. 4. A pledge of the documents of title to goods shall be deem- Effect of ed to be a pledge of the goods. No. 9 of 1896, s. 3, &ment. of title 5. Where a mercantile agent pledges goods as security for apiedgefor debt or liability due from the pledgor to the pledgee before the lebt"'''^™' tima 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. No. 9 of 1896, s. 4. ft. The consideration necessary for the validity of a sale. Rights pledge or other disposition of goods in pursuance of this Ordi- txchange^of nance may be either a payment in cash or the delivery or trans- l^^fj^f^t^ fer of other goods or of a document of title to goods or of a negotiable security or any other valuable consideration ; but where goods are pledged by a mercantile agent in consideration of the delivery or transfer of other goods or of a document of title to goods or of a; negotiable security the pledgee shall ac- quire no right or interest in the goods so pledged in excess of the value of the goods, documents or security when so delivered or transferred in exchange. No. 9 of 1896, s. 6. 'S^ T. For the purposes of this Ordinance an agreement made Agreements with a mercantile agent through a clerk or other person author- ohSkletc. ised in the ordinary course of business to make contracts of sale or pledge on his behalf shall be deemed to be an agreement with the agent. No. 9 of 1896, s. 6. 8. Where the owner of goods has given possession of the Provisions as goods to another person for the purpose of consignment or sale and°cralgne*es or has shipped the goods in the name of another person and the 391 Cap. 40 FACTORS CO. consignee of the goods has not had notice that such person is not the owner of the goods the consignee shall in respect of ad- vances made to or for the use of such person have the same lien on the 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. No. 9 of 1896, s. 7. DISPOSITIONS BY BUYEES AND SELLERS OF GOODS. Disposition by seller remaining in possession 9, Where a person having sold goods continues or is in pos- session of the goods or of the documents of title to the goods the delivery or transfer by that person or by a mercantile agent acting for him of the goods or documents of title under any sale, pledge or other disposition thereof or under any agreement for sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of the previous sale shall have the same effect as if the person making the delivery or transfer were expressly authorised by the owner of the goods to make the same. No. 9 of 1896, s. 8. Disposition by buyer obtaining possession 10. Where a person having bought or agreed to buy goods obtains with the consent of the seller possession of the goods or the documents of title to the goods, the delivery or transfer by that person or by a mercantile agent acting for him of the goods or documents of title under any sale, pledge or other 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 owner. No. 9 of 1896, s. 9. Effect of transfer of documents on vendor's lien or right of stoppage in transitu 1 1 . 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 effect for defeating any vendor's lien or right of stoppage in transitu as the transfer of a bill of lading has for defeating the right of stoppage in transitu. No. 9 of 1896, s. 10. SUPPLEMENTAL. Mode of transferring documents 1 %. For the purposes of this Ordinance the transfer of a document may be by indorsement or where the document is by custom or by its express terms transferable by delivery or makes the goods deliverable to the bearer then by delivery No. 9 of 1896, s. 11. Liability of agent 13. Nothing in this Ordinance shall authorise an agent to exceed or depart from his authority as between himself and 392 1898 FACTORS Cap. 40 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 true'owner under an assignment for the benefit of creditors at i-ny 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 pei'son 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-oft" on the part of the buyer against the agent. No. 9 of 1896, s. 12. 1 4. The provisions of this Ordinance shall be construed in saving for amplification and not in derogation of the powers exercisabl e powers'of"'" by an agent independently of this Ordinance. No. 9 of 1896,'^^'^"* s. 13. 393 CHAPTER 41. An Ordinance respecting Glioses in Action. rpHE Lieutenant Governor by and with the advice and con- JL sent of the Legislative Assembly of the Territories enacts as follows : Assignment of debts and choses in action "Assignee" I. Every debt and any chose in action arising out of con- tract shall be assignable at law by any form of writing which shall contain apt words in that behalf but subject to such conditions and restrictions in respect to the right of transfer as may appertain to the original debt or as may be connected with or be contained in the original contract and the assignee 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. R.O. c. 50, s. 1. 3. The 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 derivative title to a debt or chose in action and possessing, at the time of the suit or action being instituted, the whole and entire beneficial interest therein and the right to receive the subject or proceeds thereof and to give effectual discharge therefor. R.O. c. 50, 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. R.O. c. 50, s. 3. Equities of debtor against 4. In case of any assignment of a debt or chose in action assignor arising out of contract and not assignable by delivery such before notice 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. R.O. c. 50, s. 4. .Sssignee's rights after In case of any assignment made in conformity with the provisions hereof and notice thereof 394 to the debtor or 1898 CHOSES IN ACTION Cap. 41 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. R.O. c. 50, s. 5. 6. The bonds or debentures of corporations made payable to securities bearer or any person named therein or bearer may be trans- b^dluvtry*^ 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. R.O. c. -50, s. 6. 1. The provisions of the preceding sections shall not be con- Negotiable strued to apply to bills of exchange or promissory notes or ™struments instruments which are negotiable or in respect of which the property therein passes by mere delivery. R.O. c. 50, s. 7. 395 CHAPTER 42. An Ordinance respecting Preferential Assignments. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : Fraudulent and preferential asaignments Pressure 1. Every gift, conveyance, assignment or transfei', delivery over 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. R.O. c. 49, s. L 3. Every such gift, conveyance, assignment, transfer, deliv- ery over or payment whether made owing to pressure or part- ly owing to pressure or not, which has the effect of defeating, delaying or prejudicing creditors or giving one or more of them a preference shall as against the other creditors of such debtor be utterly void. No. 38 of 1897, s. 21. Assignments for creditors and bona fide 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 without preference or priority all the creditors of such debtor their just debts or any bona fide sale of goods or payment made in the ordinary course of trade or calling, to innocent purchasers or parties. R.O. c. 49, s. 2. 396 CHAPTER 43. An Ordinance respecting Mortgages and Sales of Personal Property. 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 and known as " The Bills of Short title Sale Ordinance." No. 40 of 1898, s. 7. REGISTRATION DISTRICTS. %. For the purposes of the registration of mortgages and other Registration transfers of personal property in the Territories the following '^'^''"''''^ 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 townships twenty and tvsrenty-one in the Dominion Lands system of survey intersects the western boundary of the Province of Manitoba, thence westerly follow- ing the said line between townships twenty and twenty-one to its intersection with the line between ranges seven and eight west of the second meridian, thence northerly along the line be- tween ranges seven and eight to its intersection with the line between townships twenty-fcwo and twenty-three, thence west- erly along the line between the said townships twenty-two and twenty-three to its intersection with the line between ranges ten and eleven west of the second meridian in the Dominion Lands system of survey ; 2. The registration district of " Yorkton," comprising that Yorkton 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 ; 3. The registration district of "Regina," comprising that partRefnnadistiict of the said Provisional District of Assiniboia west of the regis- tration district of Moosomin and east of the west line of the twenty-third range of townships west of the second meridian ; 4. The registration district of "Moose Jaw," comprising Moose Jaw- that part of the Provisional District of Assiniboia west of the 'district registration district of Eegina and east of the west line of the twenty-third range of townships west of the third meridian; 397 Cap. 43 BILLS OF SALE CO. Macleod diatrict Calgary district Edmonton district Medicine Hat 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 township seven- teen ; 7. The registration district of "Calgary," comprising all that part of the said Provisional District of Alberta ]_\ ing 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 al! that portion of the Provisional District of Saskatchewan as de- nned 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 Saskatchewan lying east of the Battlefoi'd registration district. (2) The Lieutenant Governor in Council may from time to time constitute any other portion of the Territories a registra- tion district and appoint a registration clerk therefor and de- signate at what place the office of such clerk shall be kept. No. 8 of 1895, s. 2 ; No. 38 of 1897, ,s. 33. Battleford district Piinoe Albert district Xew districts REGISTRATION CLERKS. Present clerks continued Appointments by Lieutenant Governor in Council 3. The 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 registration clerk by reason of death, resignation or otherwise the vacancy shall be filled hv the Lieutenant Governor in Council. No. 8 of 1895, s. 3 ; No. 38 of 1897, s. 22 (2). 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 daj's excepting Sundays and holidays and except on Saturdays and durinc 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. No. 8 of 1895, s. 30 ; No. 24 of 1896, s. 6 ; No. 40 of 1898, s. 7. 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. No 40 of 1898, s. 7. 398 1898 BILLS OF SALE Cap. 43 3 MORTGAGES AND SALES OF CHATTELS. FOilM AND REGISTRATION. 6. Every mortgage or conveyance intended to operate as a Mortgages mortgage of goods and chattels which is not accompanied by panfed^y an immediate delivery and an actual and continued change of Ij^Jj^'l^y^^"*! possession of the tilings mortgaged sliall within thirty days possession from the execution thereof be registered as hereinafter pro- ° ^°° ^ vided together with the affidavit of a witness thereto of the due execution of such mortgage or conveyance and also with the affidavit of the mortgagee or one of several mortgagees or the agent of the mortgagee or mortgagees if such agent is aware of all the circumstances connected therewith and is properly authorised by power in writing to take such mort- gage in which case a copy of such authority shall be attached thereto (save as hereinafter provided under section 21 hereof) such last mentioned affidavit stating that the nortgap'or 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 again.?! tlie 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. No. 8 of 1895, s. 4 ; No. 24 of 1896, s. 1. T. Except as to cases provided in the next following section Mortgage may of this Ordinance a mortgage or conve3'ance intended toappende™ operate as a mortgage of goods and chattels may be made in accordance with form A in the schedule to this Ordinance. No. 8 of 1895, s. 24. 8. In case of an agreement in writing for future advances Mortgage to for the purpose of enabling the borrower to enter into and ilra'nces^or carry on business with such advances and in case of a mortgage l^^ijj^g^™™*^^ of goods and chattels for securing the mortgagee repayment of such advances or in case of a mortgage of goods and chattels for securing the mortgagee against the indorsement of any bills or promissory notes or any other liability by him incurred for the mortgagor not extending for a longer pe/iod 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 agreement 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 affidavit of the mort- gagee or one of several mortgagees or in case the agreement has been entered into and the mortgage taken by an agent duly authorised by writing to make such agreement and take such mortgage, in which case a copy of such authority shall be attached thereto, and if the agent is aware of the circumstances connected therewith, then, if accompanied by the affidavit of such agent, such affidavit whether of the mortgagee or his 399 4 Cap. 43 BILLS OF SALE C. 0. agent, stating that the mortgage truly sets forth the agreement entered into between the parties thereto and truly states the extent of the liability intended to be created by such agree- ment and covered by such mortgage and that such mortgage is executed in good faith and for the express purpose of securing the mortgagee repayment of his advances or against the pay- ment of the amount of his liability for the mortgagor, as the case moy be, and not for the purpose of securing the goods and chattels mentioned therein against the creditors of the mort- gagor nor to prevent such creditors from recoverir 5- 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 he as valid and binding as mortgages mentioned in the sixth section of this Ordinance. No. 8 of 1895, s. 5. Sale of goods 9, Every sale, assignment and transfer of goods and chattels bydeiirery not accompanied by an immediate delivery and followed by an possession'^ "' actual and continued change of possession of the goods and chat- tels sold shall be in writing and such writing shall be a convey- ance under the provisions of this Ordinance and shall be accom- panied hj an affidavit of a witness thereto of the due execution thereof and an affidavit of the bargainee or one of several bar- gainees or of the agent of the bargainee or bargainees duly authorised in writing to take such conveyance (a copy of which authority shall be attached to the conveyance) that the sale is 6o7ia /ifZe 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 and as against subsequent purchasers or mortgagees in good faith. No. 8 of 1895, s. 6. Registration 10. Such registration shall only have effect in the registra- d^sto^t wifere tion district wherein such registration has been made. No 8 "^^^ of 1895, s. 7. *^™isteror° 1 !• In case such mortgage or conveyance and affidavits are false not registered as hereinbefore provided or in case the considera- OTn'sldCT^.tion tion 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 pur- chasers or mortgagees in good faith for valuable consideration No. 8 of 1895, s. 8 ; No. 38 of 1897, s. 22 (3). Description 12. All the instruments mentioned in this Ordinance o proper y ^yhether 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 fofbraeflTof ^^'^ distinguished except in the case of assignments for the creditors general benefit of creditors in which case the description shall 400 1898 BILLS OF SALE Cap. 43 5 be sufiicient if it is in the following words : " All my personal property which may be seized and sold under execution, " or words to that efFect. No. 8 of 189-5, s. 9. 13. The proper registration officer for instruments being Registration mortgages and transfers of personal property shall be the clerk district where of the registration district in which the property described in "^1°^^^^ 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 thfe 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. No. 8 of 1895, s. 10. 1 4. Every such clerk shall number each instrument or copy cierk to filed in his office and shall enter in alphabetical order in a book fnstruments 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. No. 8 of 1895, s. 11. CONVEYANCES OF GROWING OR FUTURE CROPS. 1 5. No mortgage, bill of sale, lien, charge, incumbrance, con- securities 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 vnlid except the same be made, executed or created as a security for the purchase price and interest thereon of seed grain. (2) Every mortgage or encumbrance upon growing crops or Crop crops to be grown, made or created to secure the purchase Soml^prlce" price of seed grain shall be held to be within the provisions of °* seed grain 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 morto-age or encumbrance to secure the price of seed Crop must be ^ ' , „ , ^. ^ 1 • 1 • J. -xi.- sown withm gram shall be given upon any crop whicn is not sown witnin one year from one year of the date of the execution of the said mortgage or ^o'-tgage encumbrance. (4) Every registration clerk shall keep a separate register of Separate^^ such seed grain mortgages aod shall be entitled to receive the seed grain same fees for his services as provided for under section 33 of ™°'''s^g®^ this Ordinance. (5) Every such seed grain mortgage so taken and filed shall Seed grain not be affected by or subject to any chattel mortgage or bill preferential of sale previously given by the mortgagor or by any writ of ^^™"*'' execution against the mortgagor in the hands of the .sheriff at the time of the registration of such seed grain mortgage but such seed grain mortgage shall be a fir.st and preferential secu- rity for the sum therein mentioned. The date of the purchase 26 401 Cap. 43 BILLS OF SALE 0.0. Particulars of Seed grain, the number of bushels and price per bushel must egiTen ^^ stated in the mortgage as well as in the affidavit of bona fidfs- No. 8 of 1895, s. 29 ; No. 24 of 1896, ss. 3, 4, 5. Cause for seizure by mortgagee Default in payment or uerformance ^ agreements Removal of goods Rent or taxes Execution Attempt to dispose of goods PROCEDURE UNDER MORTGAGE ON DEFAULT. 16. Unless it is otherwise specially provided therein goods and chattels 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 : 1. If the grantor shall make default in payment of the sum or sums of money thereby secured at the time therein provided for payment or in the performance of any covenant or agree- ment contained in the mortgage or conveyance intended to operate as a mortgage and necessary for maintaining the security ; 2. If the grantor shall without the written permission of the 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 ; 4. If execution shall have been levied against the goods of the grantor under any judgment at law ; 5. If the grantor shall attempt to sell or dispose of or in an)'' way part with the possession of the said goods. No. 8 of 1895, s. 22. RENEWAL OF MORTGAGES. Mortgage filed 1 1. Every mortgage filed in pursuance of this Ordinance valid after two shall cease to be valid as against the creditors of the persons renewed'''"'' niaking the .same and against subsequent purchasers or mort- gagees in good faith for valuable consideration after the ex- piration of two years from the filing thereof unless, within thirty days next preceding the expiration of the said term of two years, a statement exhibiting the interest of the mortgagee, his executors, administrators or assigns in the property claimed by virtue thereof and a full statement of the amount still due for principal and interest thereon and of all payments made on account thereof is again filed in the office of the registration clerk of the district where the property is then situate with an affidavit of the mortgagee or of one of several mortgagees or of the assignee or one of several assignees or of the agent of the mortgagee or assignee or mortgagees or assignees duly authorised for that purpose, as the case may be, stating that such statements are true and that the said mortgage has not been kept on foot for any fraudulent purpose, which statement and affidavit shall be deemed one instrument. No 8 of 1895 s. 12. 402 1898 BILLS OF SALE Cap. 43 18. Such statement and affidavit shall be in the following Renewal of form or to the like effect : mortgage 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 of all payments made on account thereof. The said CD. is still the mortgagee of the said property and has not assigned the said mortgage {or the said E.F. is the assignee of the said mortgage by virtue of an assignment there- of from the said CD. to him dated the day of 1 , or as the case may he). 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 $ ) The amount still due for principal and interest on the said mortgage is the sum of dollars compxited as follows : {Here give the coiwputation) CD. North- West Territories, \ Affidavit To Wit: i I, 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 ~| in the North-West Territories, [■ this day of 1 j No. 8 of 1895, s. 13. 19. Another statement in accordance with the provisions of Further section 17 hereof duly verified as required by that section shall alterTrsr'"'""' be filed in the office of the registration clerk of the district ™"«^'^i 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 valid as against the creditors of the person making the same and as against purchasers and mortgagees in good faith for valuable consideration and so on from year to year; that is to .say 26^ 403 Cap. 43 BILLS OF SALE C. 0. another statement as aforesaid duly verified shall be filed with- in thirty days next preceding the expiration o£ 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. No. 8 of 1895, s. 14. Filing aeslgnment: Personal 30. The affidavit required by section 17 of this Ordinance or'arafilnee*™ ^^J '^® 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 which the mortgage is originally filed at or before the time of such re- filing by such assignee, next of kin, executor or administrator of such assignee. No. 8 of 1895, s. 15. AGENTS AUTHORITY TO TAKE CONVEYANCES. Authoritj- for 5J 1 , An authority for the purpose of taking or renewing a inatnmients mortgage Or conveyance intended to operate as a mortgage or ™^''^'*^'^"®'''^^ sale, assignment or transfer of goods and chattels under the provisions of this Ordinance may be a general one to take and renew all or any mortgages or conveyances to the mortgagee or bargainee ; and provided such general authority is duly filed with the clerk it shall not be necessary to attach a copy there- of to any mortgage filed. No 8 of 1895, s. 26; INo. 24 of 1896, s. 2. "Mortgagee' to include agent or manager of company 'i'i. For the purpose of making the affidavit of bona fides required by sections 6, 8 and 9 of this Ordinance and the affi- davit required by section 17 of this Ordinance the expressions " mortgagee," " bargainee," or " a.ssignee " shall, in addition to their primary meaning, mean and include the agent or manager of any mortgagee, bargainee or assignee being an incorporated company. No. 24 of 1896, s. 8. OMISSIONS AND ERRORS. Rectification of omissions and errors '>iS. Subject to the rights of third persons accrued by reason of such omissions as are hereinafter defined any judge of the 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 advertisement or otherwise or as to any other matter as he 40-1. 1898 BILLS OF SALE Cap. 43 S thinks fit to direct. No. 8 of 1895, s. 23 ; No. 38 of 1897, s. 22 (5). ASSIGNMENT OF MORTGAGES. 34. In case anj' registered chattel mortgage has been Filing assigned such assignment may upon proof by the affidavit of ofmorteages a subscribing witness be numbered and entered in the book mentioned in section 14 hereof in the same manner as a chattel mortgage and the proceedings authorised by sections 26 and 27 of this Ordinance may and shall be had upon a certificate of the assignee proved in manner aforesaid. No. 8 of 1895, s. 20. DISCHARGE OF MORTGAGES. 35. Where any mortgage of goods and chattels is registered Discharge of under the provisions of this Ordinance such mortgage may be ™°''*S"'Be discharged by the filing in the office in which the same is i-egistered of a certificate signed by the mortgagee, his execu- tors or administrators in form B in the schedule hereto or to the like effect. No. 8 of 1895, s. 17. 2C The officer with whom such chattel mortgage is filed Entry and upon receiving such certificate duly proved by the affidavit of a of'discii^rge subscribing witness shall at each place where the number of °*™°''''S*se such mortgage has been entered with the name of any of the parties thereto in the book kept under section 14 of this Ordinance or wherever otherwise in the said book the said mortgage has been entered, write the words " Discharged by certificate number (stating the number of certificate)" ; and he shall also indorse the fact of such discharge upon the instru- ment discharged and shall affix his name to' such indorsement. No. 8 of 1895, s. 18. 31. Any person filing a discharge of mortgage or a partial Certificate 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 eflfect : North-West Territories. ~j ^'o™iof Registration District of |> This is to certify that an instrument purporting to be a discharge in full (or a partial discharge) of a certain chattel mortgage bearing date the day of and filed the day of following, made between A.B. of as mortgagor and O.D. of as mortgagee has been filed in the office of the clerk of the registration district of on the day of {and in case of a partial discharge that the goods or property mentioned in such partial discharge consist of describing the chattel or property) E.M., Clerk. No. 8 of 1895, s. 19. 405 10 Cap. 43 BILLS OP SALE REMOVAL OF CHATTELS MORTGAGED. CO. Mortgaged 38. No goods Or chattels under mortg'age shall be removed be removed into another registration district without a notice of the in- without notice tgution to remove be mailed post paid and registered to the mortgagee at his last known place of address not less than twenty days prior to such removal. No. 24 of 1896, s. 7. Removal of goods to another district 29. In the event of the permanent removal of goods and chattels mortgaged as aforesaid from the registration district 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 mortgage under the hand of the registration clerk in whose office it was first registered and of the affidavit and documents and instru- ments relating thereto filed in such office, shall be fi'ed with the registration clerk of the district to which such goods and chattels are removed within three weeks from such removal otherwise the said goods and chattels shall be liable to seizure and sale under execution and in such case the mortgage shall be null and void as against subsequent purchasers and mort- gagees in good faith for valuable consideration as if never executed. No. 8 of 1895, s. 21. EVIDENCE. CERTIFIED COPIES. Certified copies Officers for oaths JiO. Copies of any instrument filed under this Ordinance, certified by the registration clerk, shall be received as prima, facie evidence for all purposes as if the original instrument was produced and also as prima facie evidence of the execution of the original instrument according to the purport of such copy and the clerk's certificate shall also be prima facie evidence of the date and hour of registration and filing. No. 38 of 1897, s. 22 (4). AFFIDAVITS. 31. All affidavits and affirmations required by this Ordi- nance may be taken and administered by the registration clerk or any person whether in or out of the Territories authorised to administer oaths or tak:e afiidavits for use in the Supreme Court of the Territories and the sum of 25 cents shall be pay- able for every oath thus administered. No. 8 of 1895 s 28 • No. 38 of 1897, s. 22 (6). EXPIRY ON HOLIDAY OF TIME FOR FILING. Time for filing 3*4. Where under any provisions of this Ordinance the time lundiy^o?" ^O'^ registering or filing any mortgage, bill of sale, instrument, holiday docuuient, affidavit or other paper expires on a Sunday or other day on which the ofiice in which the registering or filino- is to be made or done is iilosed and by reason thereof the filing or registering cannot be made or done on that day the registering or filing shall so far as regards the time of doing or making the same be held to be duly done or made if done or made on the day on which the office shall next be open. No. 8 of 1895 s 25 40G 1898 BILLS Ol' SALE Cap. 43 11 clerk's fees. 33. For services under this Ordinance each clerk aforesaid cierks fees shall be entitled to receive the following fees : 1. For filing each in.strument and affidavit, including the cer- tificate on a duplicate, if any, and for entering the same in a book as aforesaid, 50 cents. 2. For filing assignment of each instrument and for making all proper indorsements in connection therewith, 50 cents ; 3. For filing certificate of discharge of each instrument and for making all proper entries and indorsements connected therewith, 50 cents ; 4. For searching for each paper, 25 cents ; 5. For copies of any document filed under this Ordinance with certificate thereof, 10 cents for every hundred words ; 6. For every certificate under section 27 of this Ordinance, 50 cents. No. 8 of 1895, s. 27. 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' a.ssign to the said CD. his executors, administrators and assigns all and singular the several chattels and things specifically described as follows {or in the schedule hereto annexed) 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) nnd the said A.B. doth further agree and declare that he will duly pay to to the said CD. the principal sum aforesaid together with the interest then due on the day of A.D. {or inhatever else may he the stipulated time or times for pay- ment). And the said A.B. doth agree with the said C.R that he will {here insert terms as to insurance, payment of rent, collateral securities or otherivise 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 CI) for anv cause other than those specified in section 16 of 407 12 Cap. 43 BILLS OF SALE C. 0. 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. I . n {Addj 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 renewed was renewed) in the office of the registration clerk of the registration district of on the A.D. 1 as number (here mention the day and date of registration of each assignment thereof and the names of the parties or noention that such mortgage has not been assigned as tlie fact may be) and that I am the person entitled by law to receive the money ; and that such mortgage is therefore dis- charged. Witness my hand this day of A.D. 1 Witness {stating residence and \ occupation) '>- A.B. E.F. ) 408 CHAPTER 44. An Ordinance respecting Hire Receipts and Condition- al Sales of Goods. THE Lieutenant Governor by and with the advice and con- sent of the Legislative .Assembly of the Territories enacts as follows : 1 . Whenever on a sale or bailment of goods of the value of Conditional S15 or over it is agreed, provided or conditioned that the right ^^^^° ^°° ^ of property or right of possession in whole or in part shall re- main in the seller or bailor notwithstanding that the actual possession of the goods passes to the buj'er or bailee the seller or bailor shall not be permitted to set up any such right of pro- perty or right of possession as against any purchaser or mort- gagee of or from the buyer or bailee of such goods in good faith for valuable consideration or as against judgments, executions or attachments against the purchaser or bailee unless such sale or bailment with such agreement, proviso or condition is in writing signed by the bailee or his agent and registered as here- inafter provided. Such writing shall contain such a description of the goods the subject of the bailment that the same may be readily and easily known and distinguished : Provided that nothing in this section shall apply to any bail- proviso ment where it is not intended that the property in the goods shall eventually pass to the bailee on payment of purchase money in whole or in part or the performance of some condi- tion by the bailee. No. 39 of 1897, s. 1 ; No. 18 of 1898, s. 1. 2. Such writing or a true copy thereof shall be registered in Registration the ofBce 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 aflSdavit 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. No. 39 of 1897, s. 2 ; No. 18 of 1898, s. 2. 3. The seller or bailor, his executors, administrators or as- Renewal of signs or his or their agent shall within 30 days next preceding ''''8;is'^''''tion the expiration of two years from the date of such registration file with such registration clerk a renewal statement verified by affidavit showing the amount still due to him for principal and interest if any and of all payments madeon account thereof and whether or to what extent the condition if any of the bailment is still unperformed and thereafter from year to year 409 Cap. 44 LIEN NOTES CO. a similar statement similarly verified within the 30 days next preceding the expii-atiou of the year from the filing of the last renewal statement and in default of such filing the seller or bailor shall not be permitted to set up any right of property or right of possession in the said goods as against the creditors of the buyer or bailee or any purchaser or mortgagee of or from the buyer or bailee in good faith for valuable consideration. No. 39 of 1897, s. 3. Penalty for false statement 4. Any seller or bailor or agent of such seller or bailor mak- ing any false statement in such renewal statement shall be guilty of an offence and liable on summary conviction thereof to a fine not exceeding $100. No. 39 of 1897, s. 4. Seller bound by statement made in renewal 5. Any such seller or bailor shall be bound by any statement made by him or his agent in such renewal statement and the goods shall be liable to redemption and the seller or bailor to be divested of his property and right of possession if any in the goods upon payment of the amount actually due and owing in respect thereof or upon performance of the condition of the bailment by the buyer, bailee or any person claiming by, through or under the buyer or bailee. No. 39 of 1897, s. 5. Memorandum €• The Seller or bailor shall upon payment or tender of the of seUer'"''^'°° amount due in respect of such goods or performance of the conditions of the bailment sign and deliver to any person de- 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 afiidavit of execution of an attesting witness may be registered. No. 39 of 1897, s. 6. Retaking possession 1. In case the seller or bailor shall retake po.ssession of the 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. No. 39 of 1897, s. 7. Five days' notice of sale to be given 8. The goods or chattels shall not be sold without five days notice of the intended sale being first given to the buyer or bailee or his successor in interest. The notice may be person- ally served or may in the absence of such buyer, bailee or his successor in interest be left at his residence or last place of abode or may be sent by registered letter deposited in the 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. No. 39 of 1897, s. 8. Copies ot 9. Copies of any instrument filed under this Ordinance cer- te eviSnoe ° titied by the registration clerk shall be received as prima facie 410 1898 LIEN NOTES Cap. 4'4. I evidence for all purposes as if the original instrument were pro- duced and also as prima facie evidence of the execution of the original instrument according to the purport of such copj^ And the clerk's certificate shall also be prima facie evidence of the date and hour of registration or filing. No. 39 of 1897, 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. No. 39 of 1897, s. 10. 411 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. Declaration of 1. All persons associated in partnership for trading, nianu- tob°ffledTn facturing or mining purposes in the Territories shall cause to be certain cases ^^ed in the officc of the registration clerk of the registration district for registration of chattel mortgages and other trans- fers of personal property in the Territories in which they carry on or intend to carry on business a declaration in writing sign- ed by the several members of such partnership : Where parties Provided however that if any of the said members be absent 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 author- ity to that effect ; such special authoritj^ to be at the same time filed with the said registration clerk and annexed to .such de- claration. R.O, c. 46, s. 1 ; No. 7 of 1893, ssM, 2 ; No. 19 of 1S98, s. 1. Contents of 'Z. Such declaration shall be in the form A in the schedule declaration ^^ ^j^j^ Ordinance and shall contain the names, sarnames, addi- tions and residences of each and every partner or associate as aforesaid and the name, style or firm under which they carry on or intend to carry on such business and stating also the time during which the partnership has existed and is to exist also declaring that the persons therein named are the only members of such copartnership or association. R.O. c. 46, s. 2. Time for filing ^* Such declaration shall be filed within six months next declaration after the formation of any such partnership and a similar de- changesin claration shall in like manner be filed when and so often as any change or alteration of partnership takes place in the mcm- bi^rship of such partnership or in the name, .style or firm under which they intend to carry on business or in the place of resi- dence of each member of said firm and every new declaration shall state the alteration in the partnership. R.O. e. 46, s. 3. PEKSON USING TRADE NAME. REGISTRATION. T lY -viuai '^' Every person engaged in business for trading, manufac- using trade turing or mining purposes and who is not associated in part- "''"'° 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 412 firm name 189b PARTNERSHIPS Cap. 45 i addition of " and company" or Some other word or phrase in- dicating a plurality of members in the firm shall cause to be filed as aforesaid a declaration of the fact in writing signed by such person. K.O. c. 46, s. 4; No. 7 of 1893, s. 2; No. 19 of 1898, s. 1. 5. The declaration last aforesaid shall contain the name, sur- Contents of name, addition and residence of the person making the same d°eciarati™ and the name, style or firm under which he carries on or in- tends to carry on business and shall also state that no other per.son is associated with him in partnership and the same shall be filed within six months of the time when such style is first used. R.O. c. 46, s. 5. REGISTRATION BOOKS. 6. It shall be the duty of the registration clerk aforesaid to Registration keep two alphabetical index books of all declarations of copart-^°°'^^ nership filed in his ofiBce in pursuance of the provisions hereof. R.O. c 46, s. 6 ; No. 7 of 1893, s. 2 ; No. 19 of 1898, s. 1. T. In one of such books, hereinafter called the " firm index "Firm index book," the registration clerk shall enter in alphabetical order ^""'^ the style of the respective firms in respect of which declarations have been filed in his 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. ii.O. e. 46, s. 7 ; No. 7 of 1893 s. 2 ; No. 19 of 1898, s. 1. 8. In the second of such books, hereinafter called the " Indi- "individual vidual index book," the said registration clerk shall enter in ™'^'^'^ '^°°''" alphabetical order the names of the respective members of each of such firms and shall place opposite such entry the style of the firm of which such person is a member and the date of the receipt of the declaration in the manner shown in form C in the schedule to this Ordinance. R.O. c. 46, s. 8 ; No. 7 of 1893, s. 2. PENALTY FOR NON REGISTRATION. 9. Each and every member of any partnership or other ppr- Failure to sons required to register a declaration under the provisions of ordiSan^e'*' this Ordinance who fails to comply with the requirements aforesaid shall forfeit the sum of one hundred dollars to be re- Pena]ty covered before any court of competent jurisdiction by any per- son 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 the attorney general on behalf of Her Majesty only, in which case the whole of the penalty shall belong to the Territories afore- said. R.O. c. 46, s. 9 ; No. 38 of 1897, s. 23. 413 3 Cap. 45 PARTNERSHIPS C. 0. EFFECT OF DECLARATION. Binding effect 1^' The allegations made in the declaration aforesaid can- of declaration jjot be Controverted by any person who has signed the same nor can they be controverted as against any partj- 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. R.O. c. 46, s. 10. Liability of ' *• Until a new declaration is made and filed I'V him or by SenSiB ^^^ copartners or any of them as aforesaid no such signer shall declaration be deemed to have ceased to be a partner ; but nothing herein declare does contained shall exempt from liability any person who being a "rom h™iiity partner fails to declare the same as already provided and such person may notwithstanding such omission he sued jointly with the partners mentioned in the declaration or they may be sued alone and if judgment is recovered against them any other partner or partners may be sued jointly or .severally in an action on the original cause of action upon which such judg- Partners' ment was rendered nor shall anything in this Ordinance he rights inter «e 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. R.O. c. 46, s. 11. DECLARATION OF DISSOLUTION. Jf^dissoiution ' ^* Upon the dissolution of any partnership any or all of 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. R.O. c. 46, s. 12 ; No. 19 of 1898, s. 1. REGISTRATION FEES. j-ees 13. The said registration clerk shall be entitled for filing a declaration under this Ordinance to a fee of fifty cents and for searches made in each of such books the following fees and no more : 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 R.O. c. 46, s. 13 ; No. 7 of 1893, s. 2. 414 1898 PARTNERSHIPS SCHEDULE. FORM A. Declaration of Co-partnership. Cap. 45 North-West Territories, of We, of in (occupation) and (occupation) hex'eby certify : 1. That we have carried on and intend to carry on trade and busines.s as at in partnership under the name and firm of (Or I or we) the undersigned of in hereby certify that I (or we) have carried on and intend to carry on trade and business as at in partnership with of and of (as the case may he.) 2. That the said partnership has subsisted .since the day of one thousand 3. And that we (or I or we) and the said and are and have been since the said day the only members of the .said partnership. Witness our hands at this day of one thousand FOEM B. Firm Index Book. Style of firm. John Smith & Co, . . James Abbott & Son. Bernard & Johnson . Names of persons com posing the firm and their residences. John Smith, Moose Jaw . Edward Ives, Regina . . . . James Abbott, Calgary . . George Abbott, Calgary . Arthur Bernard, Troy. . . Alexander Johnson, Troy, Date of filing declaration. 15 Sept., 1889. 10 Sept., 1889. 1 March, 1889. 415 Cap. 45 PARTNERSHIPS FORM C. Individual Index Book. CO. 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, do . do do 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, ) formerly a member of the firm of as at under the style of partnership was on the Witness my hand at of one thousand carrying on business in the of do hereby certify that the said day of dissolved. the day A.B. 416 TITLE VI. RELATING TO SPECIAL RELATIONSHIPS. CHAPTER 46. An Ordinance respecting Marriages. THE Lieutenant Governor by and with the advice and eon- sent of the Legislative Assembly of the Territories enacts as follows : SHORT TITLE. 1. This Ordinance may be cited as " TAe Marriage Ordi- short title nance." R.O. c. 29, s. 1. SOLEMNISATION OF MAREIAGE. 3. The ministers and clergymen of every church or religious who may denomination duly ordained or appointed according to the rites S5SfiS» and ceremonies oi the churches, denominations or religious °^'''^™°"y bodies to which they respectively belong and commissioners and staft' officers of the Salvation Army may by virtue of such ordi- nation 01- appointment and according to the rites and usages of such churches, denominations or religious bodies respectively and commissioners appointed for that purpose by the Lieuten- ant Governor in Council may solemnise or perform the cere- mony of marriage between any two persons not under a legal disqualification or disability to contract such marriage. No. 35 of 1897, s. L 3. No marriage commissioner shall solemnise marriage unless Marriage the parties to the intended marriage produce to him the license ^^j'^^'j,"'' provided for by this Ordinance ; and no minister or clergjaiian performed or other person authorised to perform the ceremony or mar- license or riage shall solemnise 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 publica- tion of banns at least thrice openly on two successive Sundays in some public religious assembly. No. 35 of 1897, s. 2; No 20 of 1898, s. 2. 4. All marriages shall be solemnised in the presence of two witnesses or more credible witnesses besides the minister, clergyman, marriage commissioner or other person performing the cere- mony ; and every person solemnising a marriage shall register Registration the same according to the provisions of ^The Vital Statistics Ordinance. RO. c. 29, s. 11. 27 417 Cap. 46 MARRIAGE CO. No action against person solemnising marriage 5. No person duly authorised who solemnises a marriage in conformity with the provisions of section 2 of this Ordinance shall be subject to anj- action or liability for damages or other- wise Uy reason of there having been any legal impediment to the marriage unless at the time when he performed the cere- mony he was aware of the impediment. R.O. c. 29, s. 14. ISSUE OF MARRIAGE LICENSES. Issue of licenses G. Marriage licenses shall be in form A in the schedule to this Ordinance and shall be supplied from the department of the attorney genera] and shall be issued to persons requiring the same by such persons as the Lieutenant Governor in Coun- cil may name for that purpose. No. 35 of 1897, s. 3. Signature of licenses ■J. Such licenses shall be .signed by the attorney general and shall be and remain valid notwithstanding that the attorney general has ceased to hold office before the time of the issue of the license. No. 35 of 1897, s. 4. Signature by issuer 8. Every issuer of marriage licenses shall sign each license as the same is issued bv him. R.O. c. 29, s 6. Affidavit to gran license ,"it pr It of ? 9, Before a license is granted by any issuer one of the parties to the intended marriage shall personally make an affidavit be- fore 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. R.O. c. 29, s. 7 ; No. 25 of 1892, s. 5. Further evidence may be required iO. In case the issuer has knowledge or reason to suspect that any of the statements 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 iile in his office. R.O. c. 29, s. 8. Consent to marriage of minors 11. The father, if living, of any person under twenty-one years of age (not being a widower or widow) or if the father is dead then the mother of the minor or if both parents are dead then the lawfully appointed guardian or the acknowledged guardian who may have brought up or for three years immedi- ately preceding the intended marriage supported or protected the minor shall have authoritv to give consent to such mar- riage. R.O. c. 29, s. 9. Quarterly^ I'i.^ Every issuer of marriage licenses shall on the fifteenth "r™™s°issued day of January, April, July and October in each year make a sworn return to the attorney general of all licenses issued bv 41.S ■' 1898 MARRIAGE Cap. 46 3 him during the preceding three months with the names of the parties to whom issued and shall accompany such return with the original affidavit taken in each instance. The said return shall further state the number of unissued licenses in the custody of the issuer and shall be made in the form prescribed by the Lieutenant Governor in Council. (2) The Lieutenant Governor in Council may in special cases dispense with the provisions of this section and may make regulations for special returns to be made in such cases. No. 21 of 1895, s. 1 ; No. 6 of 1896, s. 3 ; No. 35 of 1897, s. 5. 13. Every issuer of marriage licenses shall whenever called Return of upon by the attorney general make a sworn return of allJigen™^"^ licenses at any time .supplied to him and shall return all un- issued licenses if so required. No. 21 of 1895, s. 2 ; No. 35 of 1897, s. 6. 14. There shall be payable to every issuer of marriage Fees for licenses on the issue of each license by him the sum of $3 of ^'''™^®'* which such issuer shall be entitled tc retain SI 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. R.O. c. 29, s. 12 ; No. 6 of 1896, s. 4; No. 35 of 1897, s. 7. 15. Any person unlawfully issuing a marriage license sup- unauthorised plied from the department of the attorney general , any issuer of licenses or marriage licenses granting a license without first having ob- solemnization tained the aifidavit required by this Ordinance, and any person solemnising a marriage contrary to the provisions of this Ordi- penalty nance shall, on summary conviction thereof before two justices of the peace, for every such contravention forfeit and pay a fine not exceeding $100 and costs of prosecution. R.O. c. 29, s. 13 ; No. 6 of 1896, s. 5 ; No. 35 of 1897, s. 8 ; No. 20 of 1898, s. 1. SCHEDULE. Form A. CANADA. I North- West Territories, j These are to certify that A.B. of and CD. of being rainded 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 solemnisation of the said marriage. And these are therefore to certify that the requirements in this respect of the Ordinance respecting marriages have been complied with. 2lh 419 Cap. 46 MARRIAGE C. 0. Given under my hand at Kegina in the North- West Terri- tories this day of A.D. 1 Attorney General. Issued at in the North- West Territories this day of A.D. 1 Issuer. FORM B. I A.B. Bachelor {or Widower) or CD. Spinster (or Widow) make oath and say as follows : 1. I and CD., of Spinster or Widow, {or A.B. of Bachelor or Widower) are desirous of entering into the contract of marriage and of having our marriage duly solemnised 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 solemnisation of the said mar- riage. •S. I am of the age of years and the said CD. {or A.B.) is of the age of years. 4. {In case one of the parties is under the age of twenty-one years add) E.F. of is the person whose consent to the said marriage is required by law and the sa^d E.F. has formally consented to the said marriage. {Or if both parties are under age) E.F. of and G.H. of are the persons whose consent to the said marriage is required by law and the said E.F. and G.H. have formally consented to the said marriage. {Or if in the case of one of the minors there is no person ivhose consent is required by lair add according to the facts) The father of the said CD. {or A.B.) is dead and the mother of the said CD. {or A.B.) is dead and the said CD. {or A.B.) having no lawfully appointed or acknowledged guardian there is no person who has authority to give consent to the said mar- riage. {In case both the parties are minors and there is no person irhose consent is required by law add a similar statement con- cerning the other party accordivg to the facts.) {Signed) A.B. {or CD.,) Swoi-n before me at in the North- West Territories this day of A.D. 1 (Signed) l.J. 420 CHAPTER 47. An Ordinance respecting the Pei'sonal Property of Married Women. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : 1. A married woman shall in respect of personal property be Personal under no disabilities whatsoever heretofore existing by reason mame/ of her coverture or otherwise but shall in respect of the same have all the rights and be subject to all the liabilities of a feme sole. No. 20 of 1890, s. 2. property of married women 421 CHAPTER 48. An Ordinance respecting Compensation to the Families of Persons Killed by Accidents. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : Interpretation 1* The following words and expressions shall have in this 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 : "Parent" 1. " Parent " shall include father, mother, grandfather, grandmother, stepfather, stepmother; and "Child" 2. "Child" shall include son, daughter, grandson, grand- daughter, stepson, stepdaughter. R.O. c. 55, s. 1. When 3' Whenever the death of a person has been caused by such reTO?CTabie°° Wrongful act, neglect or default as would (if death had not en- sued) have entitled the party injured to maintain an action and recover damages in respect thereof, in each case the person who would have been liable if death had not ensued shall be liable to an action for damages notwithstanding the death of the party injured. R.O. c. 55, s. 2. ■Who to benefit **• Every such action shall be for the benefit of the wife, hus- by action band, 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 par- ties respectively for whom and for whose benefit such action has been brought. R.O. c. 55, s. 3. Limitation 4. Not more than one action shall lie for and in respect of the same subject matter of complaint and every such action shall be commenced within twelve months after the death of the deceased person. R.O. c. 55, s. 4. 422 CHAPTER 49. An Ordinance respectin^i Insurance for the benefit of Wife and Children. rpHE Lieutenant Governor by and with the advice and con- _L sent of the Legislative Assembly of the Territories enacts as follows : 1 . In this Ordinance " maturity of the policy " or " maturity interpretation of the contract," means the happening of the event or the ex- piration of the term at which the benefit under the policy or contract accrues due. No. 16 of 1890, s. 1. 3. Any person may insure his life for the whole term there- Husband may of or for any definite period for the benefit of his wife and {Jenlrn'of wife children or of his wife and some one of his children or of his °^ ctiiidren 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. No. 16 of 1890, s. 2. 3. The insurance may be effected either in the name of the .May be in person whose life is insured or in the name of his wife or of ",^™f, "j*,^''*'^ any other person (with the assent of such other person) as trustee. No. 16 of 1890, s. 3. 4. In case a policy or written contract of life insurance ef- insurance may fected by a man on his life, is expressed upon the face of it tobene'fit'trfwife be for the benefit of his wife or his wife and children or any of °'' ^I'^i'i'"™ them or in case he has heretofore indorsed or may hereafter in- dorse or by any writing identifying the policy by its number or otherwise has made or may hereafter make a declaration that the policy is for the benefit of his wife or of his wife and children or any of them such policy shall enure and be deemed a trust for the benefit of his wife for her separate use and of his children or any of them according to the intent so expressed or declared and so long as any object of the trust remains, the money payable under the policy shall not be subject to the control of the husband or his creditors or form part of his estate when the sum secured by the policy or written contract becomes payable but this shall not be held to interfere with any pledge of the policy to any person prior to such declara- tion. (2) In the case of a policy or written contract of life insur- Antenuptial ance effected before marriage a declaration under this section ''"^^"^ shall be and be deemed to have been as valid and effectual as if such policy or contract had been effected after marriage but nothing herein contained shall affect any action or proceeding now pending. No. 16 of 1890, s. 4. 423 Cap. 49 INSURANCE FOR THE BENEFIT CO. Apportion- ment may be varied Apportion- ment by will 5. The insured may by an instrument in writing attached to or indorsed on or identifying the policy by its number or otherwise, vary an apportionment previously made so as to ex- tend the benefits of the policy to the wife or the children to one or more of them althou^jh 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- 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 tlie will except so far as such other apportionment has been acted on before notice of the apportionment by the will. (2) This section applies to policies heretofore Lssued as well as to future policies. No. 16 of 1890, s. 5. Provision where no apportionraent G. Where no apportionment is made all persons entitled to be benefitted by the insurance shall be held to share equally 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 gener- ally or of the children generally without specifying the names of the children the word children shall be held to mean all the children of the insured living at the maturity of the policy whether by his then or any former wife and the wife to benefit by the policy shall be the wife living at the maturity thereof. No. 16 of 1890, s. 6. Surrender or assignment of policy Apportioned policy Death of beneficiary before person insurecl ■J . Any such policy may be surrendered or assigned : (a) Where the policy is for the benefit of children only and the children surviving are of the full age of twenty- one years if the person insured and all such surviving children agree to so surrender or assign ; or (6) Where the policy is for the benefit of both a wife and children and the surviving children are all of the full age of twenty-one j-ears if the person insured and his then wife if auy 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 sur- render or assign. No. 16 of 1890, s. 6. 8. Where an apportionment as in sections 2 and 5 hereof provided for has been made if one or more of the persons in whose favour the apportionment has been made die in the life- 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 share formerly apportioned to the person so dying shall be for the benefit of such other person or persons as he may name in that 424 1898 OF WIFE AND CHILDREN Cap. 49 8 behalf not being other than the wife and children of the insured and in default of any such declaration the share of the person -so dying shall be the property of the insured and may be dealt with and disposed of by him as he may see fit and snail at his death form part of his estate. No. 16 of 1890, s. 7. D. Where no apportionment as in sections 2 and 5 hereof Xo provided for has been made if one or more of the persons en- D™th o™"'""' titled to the benefit of the insurance die in the lifetime of the ^'="®fl''''*''y insured and no apportionment is subsequently made by the in- sured the insurance shall be for the benefit of the survivor or of the survivors of such persons in equal shares if more than one ; and if all the persons so entitled die in the lifetime of the insured the policj- and the insurance money shall form part of the estate of the insured ; or after the death of all the persons entitled to such benefit the insured may by an instrument executed as afoi-esaid 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. No. 16 of 1S90, s. 8, 10. When the insurance money becomes due and payable it Payment of shall be paid according- to the terms of the policy or of any de- money"^"'' claration or instrument as aforesaid as the case may be free from the claims of any creditors of the insured except as herein provided. No. 16 of 1890, s. 9. 11. Where the insurance money or part thereof is for the insurance benefit in whole or in part of the children of the insured and'"'"'^'''^'*™" the children are mentioned as a class and not by their indivi- Proof to be dual names the money shall not be payable to the children until '^'^'i"™'^ reasonable proof is furnished to the company of the number, names and ages of the children entitled. No. 16 of 1890, s. 9. 1 1i. The insured may by the policy or by his will or by any Appointment writing under his hand appoint a trustee or trustees of the"'*™''''"'" money payable under the policy and may from time to time revoke such appointment in like manner and appoint a new trustee or new trustees and make provision for the appoint- ment of a new trustee or trustees and for the investment of the money payable under the policy. Payment made to such trustee or trustees shall discharge the company. No. 16 of 1890, s. 10. 1 3. If no trustee is named in the policy or appointed as Paymeni mentioned in section 12 hereof to receive the shares to which ^-Sstee"" infants are entitled their shares may be paid to the executors of the last wall and testament of the insured or to a guardian of the infants duly appointed by the Supreme Court oi the North- West Territories or a judge thereof upon the application of the wife or of the infants or their guardian and such payment shall be a good discharge to the insurance company. No. 16 of 1890, s. 11. 1 4. Any trustee named as provided for in the last preceding investmem tw'o sections and anv executor or guardian may invest the ^'' '™"*'^''''" ,425 Cap. 49 INSURANCE FOB THE BENEFIT CO. Security bj- giiardian money received in government securities or municipal or school debentures or in mortgages of real estate or in any other man- ner authorised by the will of the insured and may from time to time alter, vary and transpose the investments and apply all or any part of the annual income arising from the share or pre- sumptive share of each of the children in or tovi^ards his or her maintenance and education in such manner as the trustee, executor or guardian thinks lit 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 mar- riage of such child. No. 16 uf 1890, s. 12. 15. A guai'dian appointed as provided in section 13 hereof shall give security to the satisfaction of the Court or judge for the faithful performance of his duty as guardian and for the proper application of the money which he maj^ receive. Where tlie amount of the insurance money payable to a guardian of infants does not exceed S400 and probate is sought in respect of a will for the sole purpose of obtaining insurance money to an amount not exceeding $400 the fees payable on the appoint- ment of such guardian or executor shall be Si and no more and such fees shall be regulated in the manner prescribed. No. 16 of 1890, s. 13. Payment of insurance money into court where no trustee, etc. Order for payment of insurance moneys Tosts 1 ft. If there is no trustee, executor or guardian competent to receive the share of any infant in the insurance money and the insurance company admits the claim or any part thereof the company at any time after the expiration of two months from the date of their admission of the claim or part thereof may ob- tain an order from the Supreme Court of the North- West Terri- tories 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 (unle.ss the Court or judge other- wise directs) and the residue shall be paid into Court pursuant to the order ; and such payment shall be a sufficient discharge to the company for the money paid ; and the money shall be dealt with as the Court or judge may direct. (2) If the company does not within four months from the time the claim is admitted either pay the same to some person competent to receive the monej' 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 i-eceive the said money or by some other person on behalf of the infant order the insurance money or any part thereof to be paid to any trustee, executor or guardian competent to receive the same or to be paid into court to be dealt with as the Court or judge may direct and any such payment shall be a good discharge to the company. i;3) The Court or judge may order the costs 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 obtain- 426 1898 OF WIFE AND CHILDREN Cap. 49 5 ing out of Court moneys voluntarily paid in by a company to be paid out of such moneys. No. 16 of 1890, s. 14. IT. If a person who has heretofore effected or who hereafter Surrender of effects an insurance for the purposes contemplated by this Sp poUo"/ ^'^^ Ordinance whether the purpose appears by the terms of the policy or by indorsement thereon or by an instrument referring to and identifying the policy finds himself unable to continue to meet the premiums he may surrender the policy to the com- pany and accept in lieu thereof a paid up policy for such sum as the premiums paid would represent payable at death or at the endowment age or otherwise (as the case may be) in the same manner as the money insured by the original policy if not surrendered, would have been payable ; and the company may accept the surrender and grant the paid up policy not- AVithstanding any declaration or direction in favour of the wife and children or any of them. No. 16 of 1890, s. 15. 18. The person insured may from time to time borrow from Borrowing (or the company insuring or from any other company or person on premiums'' the security of the policy such sums as may be necessarj' and the same shall be applied to keep the policy in force on such terms and conditions as may be agi-eed 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 I'en 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. No. 16 of 1890, s. 16. 19. Any person insured under the provisions of this Ordi- Bonuses and ''.^ .^. • XI • X profits nance may m writing require the insurance company to pay the bonuses or profits accruing under the policy or portions of the same to the insured ; or to apply the same in reduction of the annual premiums payable by the insured in such way as 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 estab- lished 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. No. 16 of 1890, s. 17. 30. In case of several actions being brought for insurance several money the Court is to consolidate or otherwise deal therewith gj,*^°^,>^jj^yj,,, 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 Parties is brought for the share of one or more infants entitled all the other infants or the trustees, executors or guardians entitled to receive payment of the shares of such other infants shall be made parties to the action and the rights of all the infants shall be dealt with and determined in one action. The persons en- titled to receive the shares of the infants may join with any adult persons claiming shares in the policy. In all actions 427 Cap. 4.9 INSUEAI^CE FOR 'rHE BENEFIT C. 0. where several persons are interested in the money the Court or judge shall apportion among the parties entitled any sum directed to be paid and shall give all necessary directions and relief. No. 16 of 1890, s. 18. Notice to insurance company 31. No declaration or appointment affecting the insurance money or any portion thereof nor any appointment or revoca- tion of a trustee shall bo of any force or effect as respects the company xmtil the instrument or a duplicate or copy thereof is deposited with the company. Where a declaration or indorse- ment has been heretofore made and notice has not been given the company may until they receive notice thereof deal w^ith the insured or his executors, administrators or assions in respect of the policy in the same manner and with the like effect as if the declaration or indorsation had not been made. No. 16 of 1890, s. 19. Rights of creditors N"(i interference with other modes of assignment, etc. Surrender or assignment of policy 33. If the policy was effected and premiums paid by the in- 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. No. 16 of 1890, s 20. 33. Nothing contained in this Ordinance shall be held or construed to restrict or interfere with the right of anj' person to effect or assign a policy for the benefit of his or lier father, mother, husband or wife or children or some one of them in any other mode allowed by law. No. 16 of 1890, s. 21. 34. Where all the persons entitled to be benefitted whether by original insurance, by written declaration or instrument of variation or apportionment under any policy are of full age they and the person insured may surrender the policy or assign the same either absolutely or by way of security. No. 16 of 1890, s. 22. Persons entitled in succession 35. 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 hei-eafter be made provides that the policy shall be for the benefit of a person and in the event of the death of such person for the benefit of an- other person such first mentioned person shall if living be deemed for the purposes of section 24 of this Ordinance the per- son entitled to be benefitted under such policy. No. 16 of 1890, s. 23. 428 CHAPTER 50. An Ordinance respecting Masters and Servants. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : 1. ^very contract or hire of personal service shall be subject Contracts of 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. No. 26 of 1895, s. 2. 3. Any person engaged, bound or hired whether as clerk, servant gmity journeyman, apprentice, servant, labourer or otherwise how- °* misconduct 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 Penalty one or more of the said violations, forfeit and pay such sum of money not exceeding $-30 as to the justice or magistrate seems meet together with costs of prosecution and in default of payment thereof forthwith shall be imprisoned for any period not exceeding one month unless the tine imposed and costs together with the costs of commitment and convej'ing such person convicted to the place of imprisonment be sooner paid. No. 26 of 1895, s. 3. 3. Any justice, upon oath of any employee, servant or Nonpayment labourer complaining against his or her master or employer con- °' '■'^'^se'^ cerning any nonpayment of wages (not exceeding two months' wao-es, the same having been first demanded) illusage or impro- per dismissal by such master or employer, may summon the mas- ter or employer to appear before him at a reasonable time to be stated in the summons and the justice shall upon proof on oath of the personal service of the summons examine into the matter of the complaint, whether the master or employer appears or not, and upon due proof of the cause of complaint the justice may discharge the servant or labourer from the service or employ- ment of the master and may direct the payment to him or her of any wages found to be due (not exceeding two months' wages as aforesaid) and the justice shall make such order for payment of the said wages as to him seems just and reasonable with costs. No. 26 of 1895, s. 4; No. 38 of 1897, s. 53 (1). 4. Proceedings may be taken under this Ordinance within Limit of three months after the engagement or employment has ceased pTOoeemngs or within three months after the last instalment of wages under -1-29 2 Cap. 50 MASTERS AND SERVANTS C. O. the agreement of hiring has become flue \vhicho\'pr shall last happen. No. -IG of 1895, s. 5. Ordinance to 5. The provisions of this Ordinance shall be held to apply in contracts the Territories to contracts and agreements made at any place tht'rerritories""*'^^'^'® ^^^ s*^™^- ^O- ^6 of 1895, s. 6. Civil remedies 6. Nothing in this Ordinance shall in any wise curtail, preserved abridge or defeat any civil or other remedy for the recovery of wages or damages which employ eis or masters may have against servants or employees or which servants oi' employees may have against their masters or employers. No. 26 of 1895, s. 8 ; No. 38 of 1897, s. 53 (2). 430 CHAPTER 51. An Ordinance reHpecting the Legal Profession and the Law Society 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 Legal Profession shovt title Ordinance." No. 21 of 1898, s. 1. INCORPORATION OF LAW SOCIETY. %, " The Law Society of the North-West Territories" shall incorporation continue to be incorporated under that name and style and by that name shall have perpetual succession and m&j sue and be sued in any court and have and use a common seal and be cap- able by law to make and receive all deeds, conveyances, assign- ments and contracts necessary to carry into effect the provi- sions of this Ordinance and to promote the objects and designs of the said corporation. No. 21 of 1898, s. 2. MEMBERSHIP. 3. The following persons shall compose and be the members Members of the said corporation that is to say : All persons who on the fifteenth day of January 1899, were enrolled as advocates of the Territories under any Ordinance in that behalf and all others who have since that date or who shall hereafter become entitled to practise as such advocates. No. 21 of 1898, s. 2. ROLL OF ADVOCATES. 4. The roll of advocates under the Ordinances respecting the RoUof legal profession in force prior to the fifteenth day of January 1899 with the addition thereto of the names of such persons who have since or who may hereafter become members of the society shall constitute the roll of membership of the society and such roll shall be kept in the custody of the secretary. No. 21 of 1898, s. 31. ADMISSION OF ADVOCATES. 5. In addition to the persons already enrolled as advocates Persons as aforesaid the following persons and no others shall be ad- prac*tft!e and mitted to act as advocates in the Territories and to practise at^®<'"™"^. In the event of there being no .secretary (for the time Provision for being) of the law society at the time at which any election s^Sary* under this Ordinance is to be held or in the event of such secretary being unable from illness or other unavoidable cause to act at such election then and in such case the president for the time being of the law society and if there be no president then the attorney general of the Territories shall appoint under his hand some other person to act as such_ secretary ; and such person so appointed shall perform all duties of such secretary as prescribed by this Ordinance. No. 21 of 1898, s. 27. 28| 435 Cap. 51 LEGAL PROFESSION C. 0. Vacancies ill benchers Officers of society 30. In case of failure in any instance to elect the requisite number of benchers according to the provisions of this Ordi- nance or in case of any vacancy caused by the death or resigna- tion of any bencher or by any other cause the remaining or continuing benchers may appoint to the vacant place or places any person or persons duly qualified under the provisions of this Ordinance to be elected bencher or benchers and the per- son or persons so appointed shall hold office for the residue of the period for which the other benchers have been elected : Provided that any such vacancy shall be filled from among the persons eligible resident in the judicial district in which the bencher whose place has become vacant resided. No. 21 of 1898, s. 28. OFFICERS OF SOCIETY. 31. The officers of the society shall consist of a president, vice president, secretary and treasurer. No. 21 of 1898, s. 30. benchers' powers. Rules and 33. The benchers may from time to time make rules and by laws , , •' by laws : 1. For the government of the said society and other purposes connected therewith ; 2. For regulating and prescribing the qualifications, manner of study and examinations of students of law and the require- ments preliminarj' 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 enrollment of students of law and advocates respectively : Provided that the fee for admission and enrolment as an ad- vocate payable by any student at law in the Territories shall not exceed SlOO ; 4. For fixing the fees payable annually by each advocate and for other fees incidental to the society ; :). For the striking off the roll and suspension from practice of any advocate for non payment of fees due to the society and for the reinstatement of such advocate upon such terms as the benchers may see fit ; 6. For the reporting of legal decisions. No. 21 of 1898, s. 32. FUNDS OF society. Kpo^. otc. Custotlj of funds 33. All fees, dues and subscriptions payable under the pro- isions of this Ordinance shall be the property of the society ._j _u_n 1-. -,_j.i ^Q |.j^g treasurer of the societv. No. 21 V and shall be paid of 1898, s. 33. 34. The funds of the society shall be deposited by the trea- surer to the credit of the S(.ciety in a chartered bank and shall be withdrawn only by cheque signed by the treasurer and countersigned by the president of the society or (in his 1898 LEGAL PROFESSION Cap. 5] 1 absence from the Territories) bj^ one of the benchers. No. 21 of 189S, s. 34 35. The funds of the societ}- shall be disbursed and appro- Expenditure priated under the direction of the benchers in payment of the"'™''"'*^ necessarj' expenses of the society. No. 21 of 1898, s. 35. 36. Subject to the approval of the visitors of the society the Piu-chase of 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. BISCIPLINARY. 3'J. All advocates shall be officers of the Supreme and other Advocates civil courts of the Territories ; and the Supreme Court and any "mirf ^ °' judge thereof shall possess and may exercise the same powers and jurisdiction over and in respect of such advocates as at the time of the passing hereof is possessed by the Supreme Court of Judicature in England over and in respect of solicitors of the said last mentioned court. No. 21 of 1898, s. 3S. 38. No advocate shall wilfully and knowingly act as the Assisting professional agent of any person not duly enrolled and qualified pj^ons"™" to act as an advocate or suffer his name to be used in any such pi'i^'C'Mse 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 sucli person to pi-actise in any respect as an advocate, knowing him not to be duly qualified. No. 21 of 1898, s. 39. 39. If upon application at the instance of the benchers or Suspension any person concerned and supported by affidavit made to a judge qSfimcation it shall prima facie appear that an advocate has been guilty of °' advocates professional misconduct or of conduct unbecoming an advocate or for default by him in payment of moneys received by hijn as an advocate or has been guilty of such misconduct 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 Ordinance or of any rule or bylaw passed under the provisions hereof the judge shall by summons call upon such advocate to answer the facis and upon the return of the summons hear the complainant 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 banc ; apd in the event of making such order shall report the evidence and proceedings on such application and his judgment thereon to the Court en have at such sittings and the Court en banc shall thereupon consider such evidence and proceedings and may hear the parties or their counsel in the same manner as if such applica- tion had originally been made to the Court en banc and mav 437 Cap. 51 LEGAL PROFESSION CO order that the name of such advocate be struck off the ro;] of advocates or may suspend such advocate from practising for such period as may be considered proper : Provided that the judge instead of directing the suspension and disqualification to practise of such advocate as aforesaid may refer the matter to be dealt with by the Court en banc at its next sitting. No. 21 of 1898, s. 41. Notice of proceedings against advocates Notice of suspension or striking off roll Effect of suspension, 40. In case either a report or reference is made to the Court 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 think proper ; and the person or persons so notified may appear in person or by advocate on such application. No. 21 of 1898, .s. 42. 41. Whenever any advocate is struck off the roll of advo- cates or suspended from practising the registrar of the 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 name 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 of suspension, of the time of such suspension. No. 21 of 1898, s. 43. 43. Upon an advocate being struck off the roll as aforesaid all 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 suspended shall forthwith be given by the secretary to the judges of the Su- preme Court. No. 21 of 1898, s. 44. Reinstatement 43. The Supreme Court en bane may on application made 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 re- 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 certificate and make a note opposite the name of such person on the said roll of his having been restored thereto. Notice of (2) Notice of such application shall be given to the secretary rlinsStemenT of the sociefy and such other person or persons as the Court or a judge on e.v parte application may direct and the ppi-sons 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 438 1898 LEGAL PROFESSION Cap. 51 1) shall pay all arrears of fees due by him to the society includ- ing the fees for the period which has elapsed since he was struck off the roll. No. 21 of 1898, s. 45. 44. Whenever a person being a student serving under student guilty articles shall be found by the benchers after due inquiry to eoAduct"""' have been either before or after the coming into force of this Ordinance guilty of professional misconduct or conduct unbe- coming a student of law 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 student shall be subject to appeal to a judge of the Supreme Court. No. 21 of 1898, s. 37. 45. In case any person (unless himself a plaintiff or defen- unautiiorised dant in the proceeding) commences, prosecutes or defends in j^ractSng his ojvn name or that of any other person any action or pro- ceeding in any court of civil jurisdiction in the Territories or acts as counsel or advocate in any such action or proceeding without being enrolled as aforesaid he shall be incapable of re- covering any fee, reward or disbursement on account thereof ; and such person shall be deemed guilty of a contempt of the court in which such proceeding has been commenced, carried on or defended and punished accordingly and the party offend- ing may be proceeded against for such contempt before the Supreme Court en banc or any judge thereof sitting in cham- bers. No. 21 of 1898, s. 40. 40. The benchers may institute or authorise the institution institutiou of of any proceedings under this Ordinance for any breach of its Ey°benche?s provisions. No. 21 of 1898, s. 46. DELIVERY AND TAXATION OF BILLS OF COSTS. 47, No advocate nor any executor, administrator or assignee Delivery of of any advocate shall commence or maintain any action or suit befo" e^acUo'n" for the recovery of any fees, charges or disbursements for any business done by an advocate as such until the expiration of one month after such advocate, his executor, administrator or assignee shall have delivered unto the party to be charged therewith or sent by the post or left for him at his house, office of business or last known place of abode, a bill of such fees, charges and disbursements, which bill shall either be sub- scribed with the proper hand of such advocate or of his execu- tor, administrator or assignee (or in case of a partnership by one of the partners either with his own name or with the name or style of such partnership) or be inclosed in or accom- panied by a letter subscribed in like manner referring to such bill. No. 21 of 1898, s. 47. 48. Upon the application of the party chargeable by such Taxation of bill within such month the Supi-eme 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 439 10 Cap. 51 LEGAL PROFESSION C. court for the judicial district in which any o£ 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 dejuand pending the reference. No. 21 of 1898, s. 48. Taxation 49. In case no application is made within such month then the Court or judge upon the application oi 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. No. 21 of 1898, s. 49. after luonth Taxation 50. No such reference shall be directed upon application after one year made by the party chargeable with such bill after a judgment judgment 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 Cgurt or judge to whom the application for the reference is made. No. 21 of 1898, s. 50. Ex parte 51. In case either party to such reference having due notice taxation 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 attends the taxation the costs of the reference shall, except as hereinafter provided for, be paid according to the event of the taxation, that is to say, if a sixth part is taxed off the costs shall be paid by the party by whom or on whose behalf such bill was delivered and if less than a sixth part is taxed off then by the party chargeable with such bill if he applied for or attended the taxation. No. 21 of 1898, s. 51. Order for 53. Every order for such reference shall direct the officer to reference whom the reference is made to tax the costs of the reference and to certify what upon the reference he finds to be due to or from either party in respect of such bill and of the costs of the reference if payable. No. 21 of 1898, s. 52. Special .53. Such officer may 'certify specially any circumstances circnmstance.s 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. No. 21 of 1898, s. 53. (■„st^ 54. In case the reference is made when the same is not authorised except under special circumstances as hereinbefore provided the Court or judge in making the same may o-ive any special directions rela.tive to the costs of the reference No. 21 of 1898, s. 54. Delivery 5.5. Where no bill has been delivered, sent or left as afore- dociments s^id and where the bill if deli\ered, 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 440 1898 LEGAL PROFESSION Cai), 51 11 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. No. 21 of 1898, s. 55. 56. In proving a compliance with this Ordinance it shall Proof of not be necessary in the first instance to prove the contents of of biir'* the bill delivered, sent or left b\it it shall be sufficient to prove that a bill of fees, charges or disbursements subscribed in the manner aforesaid or inclosed in or accompanied by such letter as aforesaid was delivered, sent or left in manner aforesaid ; but the other party may show that the bill so delivered, sent or left was not such a bill as constituted a bona fide compliance with this Ordinance. No. 21 of 1898, s. 56. 51. A judge of the Supreme Court on proof to his satisfac- immediate tion that there is probable cause for believing that the party advocate's chaj-geable is about to quit the Territories may authorise an ^i^i 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. No. 21 of 1898, s. 57. 58. Where any person not being chargeable as the princi- Taxation on pal party is liable to pay or has paid any bill either to the ad- o?person°not vocate, his assignee or representative or to the principal party p""'^^''*^' chargeable therewith, the person so paying, his assignee or representative may make the like application for a reference thereof to taxation as the party chargeable therewith might himself have made and in like manner ; and the same proceed- ings shall be had thereupon as if the application had been made by the party so chargeable. No. 21 of 1898, s. 58. 5!>. In case such application is made when under the pro- special visions hereinbefore contained a i-eference is not authorised to ""-"'""***"<'<^'^ be made except under special circumstances the Court or judge to whom the application is made may take into consideration any additional special circumstances applicable to the person making it although such circumstances might not be applicable to the party chargeable with the bill if he was the partv mak- ing the application. No. 21 of 1898, s. 59. CO. For the purpose of such reference upon the application Delivery 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 mak- ing the application a copy of the bill on payment of the costs of the copy. No. 21 of 1898, s. 60. 61. No bill previously taxed shall be again referred unless Re-taxation under the special circumstances of the case the Court or judge to whom application is made thinks fit to direct a retaxation thereof. No. 21 of 1898, s. 61. 441 12 Cap. 51 LEGAL PROFESSION C. 0. Taxation after payment Style of proceeding Enforcing payment 63. The payment of any such bill as aforesaid shall in no 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 circum- stances 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. No. 21 of 1898, s. 62. (»3. All applications made to refer any bill to be taxed or for the delivery of a bill or for the delivering up of deeds, documents and papers shall be made " In the matter of {such advocate) ; " and upon the taxation of any such bill thii certifi- cate of the oiSeer by whom the bill is taxed shall unless set aside or altered by order of a judge or by decree or order of Court be final and conclusive as to the am.ount thereof; and payment of the amount certified to be due and directed to be paid may be enforced according to the practice of the said court. No. 21 of 1898, s. 63. SCHEDULE. FORM A. Voting Paper. 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 of the Law Society : A.B., of the CD., of the E.F., of the G.H., of the J.K., of the L.M., of the N.O., of the P.Q., of the R.8., of the 4. That I have signed no other voting paper at this election ; 5. That this voting paper was executed on the day of the date thereof. Witness my hand this day of A.D. 442 CHAPTER 52. An Ordinance respecting the Medical Profession. 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 Medical Profession shorUMe Ordinance." No. 5 of 1888, s. L COLLEGE OF PHYSICIANS AND SURGEONS. 2. The College of Physicians and Surgeons of the North- "The CoUege West Territories as constituted under and by virtue of Ordi- and'surgeons, nance I^o. 5 of 1888 and amending Ordinances and as existing ^•^■'''■" at the time of the coming into force of this Ordinance is hereby continued and the members of the said college and all persons hereafter registered members of the said college under the provisions of this Ordinance shall be a body corporate under the name of " The College of Physicians and Surgeons of the North- West Territories" and shall have perpetual succession as hereinafter provided and a common seal with power to acquire, hold and dispose of chattel property and real estate for the purposes of this Ordinance and to sue and be sued. No. 6 of 1888, ss. 2, 3, 4 ; No. 9 of 1891-92, s. 1. COUNCIL OF COLLEGE. ELECTION OF MEMBERS. 3. There shall be a council of the said College of Physicians The council and Surgeons of the North-West Territories to be appointed in the manner hereinafter provided for and hereinafter referred to as the Council. No. 5 of 1888, s. 5. 4. The persons entitled to vote at elections of members of voters for the council shall be persons registered as medical practitioners °°""'''' in pursuance of this Ordinance. No. 5 of 1888, s. 6. 5. No person shall be eligible to be elected a member of the Member,s of council unless he be registered in pursuance of this Ordinance, ""^"^'i No. 5 of 1888, s. 7. 6. The number of persons to be elected as members forming Five members the said council shall be five and the mode of election shall be Election hy voting papers as hereinafter mentioned. No. 5 of 1888, s. 8. T. The charge and conduct of the elections for members of Elections for the council shall be under the management of the registrar of '"'"""' the council and such elections shall be held at such time and place as may be determined on by the council. No. 5 of 1888, ss. 9, 10. 443 (V 52 MEDICAL PROFESSION C. 0. Votes 8. Every person entitled to vote may vote for five persons. No. 5 of 1888, s. 11. Method of voting 9. Such votes shall be given by closed voting papers to be mailed tcf 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 deli\ered to such registrar on any of the twentj' days preceding the day of election. Any voting papers de- livered to the registrar by post during the respective times aforesaid shall be deemed delivered to him. No. 5 of 1888, s. 12. Scrutineers 10. The council shall appoint two persons who together with the registrar shall act as scrutineers at the election. On Count of votes ^he day succeeding the day of election the voting papers shall be opened by the registrar in the presence of the other scrutin- eers who shall scrutinize and count the votes and keep a record thereof in a proper book to be provided by the said council. No. 5 of 1888, s. 14. Members elected Term 1 1. 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. No. of 1888, s. 15 ; No. 22 of 1898, s. 1. Voters may be at count 13. 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. No. 5 of 1888, s. 16. Equality of votes 1 3. In case of an equality of votes between two or more persons which leaves the election of one or more of the mem- bei'S 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 of the scru- tineei'.s shall di'aw by chance from such ballot box one or more of such ballot papers sufficient to make up the required number and the persons whose names are upon such papers so drawn shall be members of such council. No. 5 of 1888, s. 17. Feestobepaid ^'^' ^o person shall be entitled to vote at such election un- „,. .,.,., less all his fees to the council shall have been paid. No person bllSlDlllty 1 11 1 1- M 1 (» II* 1 i'r» 1 shall be eligible tor election unless qualified to vote at such ineifgibie election and any votes cast for any person who is ineligible to person j^g elected a member shall be null and void and the election shall be declared as if such votes had not been cast. No. 5 of 1888, s. 18. Voting for 1 •'>• In the event of any person placing more than five names more than five qjj ^j^ voting paper the first five shall be taken, notwithstand- ing any of such five "so named shall be ineligible for elec- tion for any cause whatever. No. 5 of 1888, s. 19. 444 1898 MEDICAL PROFESSION Cap. 52 3 IG, The registrar shall one month prior to the day on which List of the election is to be held make out an alphabetical list or regis- enuoerUo ter of the medical practitioners who are entitled to vote at the^"*" election then about to be held and such register may then be examined at all reasonable times. In case any medical prac- objection.s titioner entitled to vote complains to the registrar in writing *'^'^''^*" of the improper omission or insertion of any name in the said list it shall be the duty of the registrar forthwith to examine into the complaint and rectify such error if any there be ; and Appeal to in case any person is dissatistied with the decision of the regis- ^^ ^'^ trar he ma}' appeal to a judge of the Supreme Court provided Proceedings that such appeal be lodged with the judge at least ten days be- °" ^vpea,] fore the day on which the election is to be held ; and such judge shall hear and decide the appeal in a summary way and he may if he deem it necessary direct that such notice of the time and place for hearing the appeal as he may prescribe shall be given to such person as he may specify ; and if it is necessary to hear evidence in such appeal it may be given viva voce un- der oath or by affidavit as the judge directs ; and the decision of such judge shall be iinal and the list shall remain or be altered in accordance with such decision. No. 5 of 1888, s. 20 ; No. 38 of 1897, s. 26 (1). 1 T. The list or register so made out shall be held to be the voters' list register of persons entitled to vote at the next election and no person shall be entitled to vote whose name is not upon such i-egister. No. 5 of 1888, s. 21. 1 8. The members of the council may make such regulations Election as they consider expedient not contrary to the provisions of ™s"''^'^'°"'' this Ordinance for regulating the procedure and in respect of such elections. No. 5 of ] 888, s. 22. 19. The voting papers belonging to any election shall not Preservation be destroyed until after all petitions in respect to such election plpirf '°" have been decided but the same together with all other papers in connection with the election shall be retained by the regis- trar. No 5 of 1888, s. 23. 30. No petition against the return of any member shall be Petition entertained unless such petition be filed with the registrar of ofmembCT'"™ 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 member whose election is disputed within sixty days of the date of election. No. 5 of 1888, s. 24. 31. In case of any doubt or dispute as to the legality of the Election ^^ election of any member of the council it shall be lawful for the disputed council to hol'd'an inquiry and decide who is the legally elected ^"'5"''^' member of the council ; and the person whom they decide to have been elected shall be and be deemed to be the member legally elected ; and if the election is found tobe illegal the council shall have power to order a new election. No. 5 of 1888, s. 25. 445 Cap. 52 MEDICAL PROFESSION CO. Vacancies in council, lioM- supplied 33. In the case of the failure in any instance to elect the requisite number of duly qualified members of the council or in the case of any vacancy caused by the death or resignation of any member of the council or by any other cause then it shall be the duty of the remaining members to supply the deficiency by appointing to such vacant place or places as the same may occur any person or persons duly qualified according to the provisions of this Ordinance to be elected as a member or members of the council. No. 5 of 1888, s. 28. PRESIDENT AND OFFICERS. MEETINGS OF COUNCIL. Officers Salaries Examiners' fees 23. The council shall annually appoint a president, vice- president, I'egistrar, treasurer and such other ofiicers as may from time to time be necessary for the working of this Ordi- nance who .shall hold oflSce during the pleasure of the council ; and the said council shall have power to fix by bylaw or frum time to time the salaries or fees to be paid to such officers and to the board of examiners hereinafter mentioned. No. 5 of 1888, s. 26. Executive committee 34. 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 rpeeting ; and all such acts shall be valid only till the Hext ensuing meeting of the council ; but the committee shall have no power to alter, repeal or suspend any bylaw, of the council. No. 5 of 1888, s. 27. Meetings of council Regulation.s 35. The council may make such rules and regulations as to the times and places of the future meetings of the council and the mode of summoning the same as to the council seems ex- pedient, which rules and regulations shall remain in force until altered at any subsequent meeting and in the absence of any rule or regulation as to summoning meetings of the council it shall be lawful for the president thereof or in the event of his absence or death, for the registrar to summon the same at such time and place as to him seems fit by circular letter to be mailed to each member. (2) In the event of the absence of the president from any meeting the vicepresident or in his absence some other member to be chosen from among the members present shall act as president. (3) All acts of the council shall be decided by the majority of the members present not being less than three in number. (4) At all meetings the president for the time being shall have a casting vote. No. 5 of 1888, s. 29. Fees and expenses of members of council 36. There shall be paid to members of the council such fees for attendance and such reasonable travelling expenses as may from time to time be fixed bv bylaw passed by the said coun- cil. No. 5 of 1888, s. 30. 446 1898 MEPICAL PROFESSION Cap. 52 REGISTRATION. 31. The council shall cause to be kept by the registrar a Register of book or register in which shall be entered the name of every perions*^ person registered according to the provisions of this Ordinance and from time to time the names of all persons who have com- plied with the enactments hereinafter contained and with the rules and regulations made or to be made by the council re- specting the qualifications to be required from practitioners of medicine or surgery in the Territories and those persons only whose names are inscribed in the book or register above men- tioned shall be deemed to be qualified and licensed to practice 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. No. 5 of 1888, s. 32. 38. It shall be the duty of the registrar to keep his register Registrar's correct in accordance with the provisions of this Ordinance and'^"*'''^ the rules, orders and regulations of the council and he shall from time to time make the necessary alterations in the ad- dresses or qualifications of the persons registered under this Ordinance and the said registrar shall perform such other duties as may be imposed upon him by the council. No. -5 of 1888, s. 33. 29. The council shall admit \ipon the register — Persons entitled to (a) Any person possessing a diploma from any college in admission Great Britain and Ireland (having power to grant such diploma) entitling him to practise medicine or surgery and who shall produce such diploma and furnish satisfactory evidence of identification ; (b) Any member of any incorporated college of physicians and surgeons of any province of the Dominion of Canada exer- cising powers similar to those conferred by this Ordinance upon the college of physicians and surgeons of the North- West Territories by which under the laws of the province governing the said incorporated body similar rights to register and to practise medicine are granted to the persons incorpo- rated under this Ordinance ; (c) Any person who shall produce from any recognised col- lege or school of medicine and surgery a certificate or certifi- cates that he has taken a four years' course of lectures and a diploma of qualification from such recognised college or school: Provided that the applicant shall furnish to the council satis- factory evidence of identification and pass before the members thereof ur such examiners as may be appointed for the purpose a satisfactory examination touching his fitness and capacity to practise as a physician and surgeon and provided that every applicant for such examination shall pay to the registrar of the College of Physicians and Surgeons of the North- West Terri- tories the sum of $50 towards defraying the expenses of the examining board. No. 14 of 1890 ; No. 34 of 1894, s. 1 ; No, 22 of 1898, ss. S, 4< : No. 40 of 1898, s. 17, 447 Cap. 52 MEDICAL PROFESSION C. 0. Homoeopathic physicians 30. Homoeopathic physicians may be registered under this Ordinance on complving with the terms mentioned in section 29, hereof. No. -5 1888, s. .58. Admission by registrar 31. The council may by bylaw delegate to the registrar power to admit to practise and to register any person hav- ing the necessary qualifications entitling him to be registered by such council. No 24 of 1892, s. 4. Erasure from register 33. 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. No. 24 of 1892, s. -5. FEES. Registration fee 33. The fee for registration under any section of this Ordi- nance shall be $50. No. 24 of 1892, s. 3. Annual membership fee 34* Each member shall pay to the registrar or to any per- son deputed by the registrar to receive it, such annual fee as may be determined by bylaw of the council not being less than , Si nor more than S2 towards the general expenses of the col- lege which last mentioned fee shall be paj'able on the first day of January in each year ; and such fee shall be deemed to be a debt due Ly each member of the college and shall be recover- able with the costs of suit in the name of the College of Physi- cians and Surgeons of the North- West Territories: Provided that the council may in any case in which it deems expedient remit any annual fees due to the college by any member who is or has been resident out of the Territories dur- ing the period in respect of which such fees became due. No. 5 of 1888, s. 35 ; No. 22 of 1898, s. 2. GENERAL POWERS OF COUNCIL. Council to regulate register and examinations 3.5. The council shall from time to time as occasion may re- quire make orders, regulations or bylaws for regulating the register to be kept under this Ordinance and shall from time to time make rules and regulations for the guidance of the examiners and may prescribe the subjects and modes of exami- nation and generally make all such rules and regulations in respect of examinations not contrary to the provisions of this Ordinance as the council may deem expedient and necessary. No. 5 of 1888, s. 36. General rules 3G. The couiicil may from time to time make, alter or amt-nd and repeal rules and regulations for the well beino- and discipline of the council, the conduct of its affairs and the pro- motion of medical and surgical knowleilge and the disposition of the funds of the council, provided such rules and regulations be not repugnant to the provisions of this Ordinance. No. 5 of 1888, s. 67. 448 1898 MEDICAL PROFESSION Cap. 52 CENTRAL EXAMINING BOARD. 31. The council shall have power to establish conjointly central with the council or councils of any college or colleges ofboarf"'"^ phy.sicirtns and surgeons incorporated under any act of the legislature of any province of Canada and possessing powers similar to those conferred on the College of Physicians and Surgeons of the 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 board .shall on complying with the laws and rules of the re.spec- tive councils in other respects be entitled to registration as legally qualified medical practitioners in the provinces whose councils may have conjointly with the said council established such central examining board : Provided that any examinations conducted by such central examining board shall be held in at least one place within the Territories simultaneously with such examinations held in any province. No. 22 of 1898, s. 6. DISCIPLINARY. 38. If any registered medical practitioner shall be convicted Misconduct of any indictalde offence or .shall after due inquiry' be judged by pracStlon'er the council to have been guilty of infamous conduct in any pro- fessional respect such council may if it sees fit dii'ect the regis- ti^ar 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. ']! No. 24 of 1892, s. ]. 39. The council may and upon the application of any three inquiry registered medical practitioners shall cause inquiry to be made into the case of a person alleged to be liable to have his name erased under the preceding section and on proof of such con- viction or infamous or unprofessional conduct shall cause the name of such person to be erased from the register : Provided that the name of a person shall not be erased under this or the last proceding section on account of his adopting or refraining from adopting the practise of any particular theory of medicine or surgery nor on account of a conviction for a political offence out of Her Majesty's dominion nor on account of a conviction for an offence which though within the provisions of the last preceding section ought not in the opinion of the council or the committee hereinafter named either from the trivial nature of the offence or from the circumstances under which it was committed, to disqualify a person from practising medicine or surgery. No. 22 of 1898, s. 5 (2). 40. The council may order to be paid out of the funds atcoKts their disposal such costs as may to them seem just toany per- son against whom any complaint has been made which when 29 449 Cap. 52 MEDICAL PROFESSION CO. finally determined is found to have been frivolous and vexa- tious. No. 22 of 1898, s. 5 (3). Restoration of name 4 1 . 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 re- gister except by the direction of the council or bv the order of a judge of the Supreme Court. Mo. 22 of 1898, s. 6 (4). Committee of inquiry 43. If the council think fit in any case they may direct the registrar to restore to the register any name or entry erased therefrom either without fee or on payment of such fee, not exceeding the registration fee, as the council may fix and the registrar shall restore the same accordingly. No. 22 of 1898, s. 5 (5). 43. The council shall for the purpose of exercising in any case the powers of erasing from and restoring to the register the name of any person or any entry, ascertain the facts of such case by a committee of their own body not exceeding five in number of whom the quorum shall be three ; and a written report of the committee may be acted upon as to the facts therein stated for the purpose of the exercise of the said pow- ers by the council. No. 22 of 1898, s. 5 (6). 44. The council shall from time to time appoint a.nd 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. No. 22 of 1898, s. 5 (7). Legal assistance Counsel Place of inquiry 45. The committee appointed under the preceding section 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 the committee may think necessary or pro- per and the person who*e- conduct is the subject of inquiry shall also have the right to be represented by counsel : Provided that all meetings of any such committee when held for taking evidence or otherwise ascertaining the facts shall be held within the judicial district or subjudicial district where the member complained of resides or the alleged offence was committed unless he shall consent to have the inquirj' held elsewhere. No. 22 of 1898, s. 5 (8). Notice of inquiry Testimony of vvitne.=!Res 46. At least two weeks before the first meeting of the com- mittee to be held for taking the evidence or otherwise ascer- taining the facts a notice shall be served upon the person whose conduct is the subject of inquiry ; and such notice shall embody a copy of the charges made against him or a statement of the subject matter of the inquiry and shall also specify the time and place of such meeting. The testimony of witnesses shall be taken under oath which the chairman or acting chairman of the committee is hereby authorised to administer and there 4.50 1898 MEDICAL PROFESSION Cap. 52 shall be full right to cross-examine all witnesses called and to adduce evidence in defence and reply. No. 22 of 1898, s. 5 (9). 41. For the purpose of procuring the attendance and evi-subpceim dence of a witness before the comuiittee a judge of the Supreme Court may on application of any party to the inquiry order the issue by a clerk of the Supreme Court or a deputy clerk of a writ of subpoena ad testificaTidum or a writ of subpoena duces tecum. The rules of evidence on such inquiry and the proceed- Ruiee of ings and penalties in the case of disobedience to any such writ '''^'i'^ence shall be the same as obtain in civil cases in the said court. No. 22 of 1898, s. 5 (10). 48. In the event of the nonattendance of the person whose Non conduct is the subject of such inquiry the committee may upouoflScused proof of personal service of the notice aforesaid in accordance with the provisions of this Ordinance, which proof of service may be by statutory declaration, proceed with the subject mat- tar of the inquiry in his absence and make their report of the facts without further notice to such person. No. 22 of 1898, s. 5 (11). 49. Any person whoso name has been ordered to be erased Appeal to from the register may appeal from the decision of the council to a judge of the Supreme Court at any time within six months from the date of the order for such erasure ; and such judge may upon the hearing of such appeal make such order as to the restoration of the name so ei'ased or confirming such erasure or for further inquiries by the committee or council into the facts of the case and as to costs as shall be just. No. 22 of 1898, s. 5 (12). 50. The appeal may be by summons for the council of the Procedure said college to ;how cause, served upon the registrar, and shall be founded upon a copy of the proceedings before the com- mittee, the evidence taken, the committee's report and the order of the council in the matter certified by the registrar ; and the registrar shall upon the request of any person desiring to ap- peal furnish to any such person a certified copy of all proceed- ings, reports, orders and papers upon which the committee or council have acted in making the report or order complained of. No. 22 of 1898, s. 5 (13). RIGHTS OF REGISTERED PRACTITIONERS. 51. Every person registered under the provisions of this Rights of Ordinance shall be entitled to practise medicine and surgery ^IgistCTcd including midwifery, or any one of them, in the Territories and to demaiid 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 sui-gical appliances rendered or supplied by him to his patients. No. 5 of 1888, s. 38. 53. No duly registered member of the College of Physicians Limitation and Surgeons of the North-West Territories shall be liable to"''^^''^°" 291 -tol 10 Cap. o2 MEJJlCAL PROFESSION C. 0. any action for negligence or malpractice by reason of profes- sional services requested or rendered unless such action be commenced within one year from the date when, in ttie matter complained of, such professional services terminated. No. 5 of 1888, s. 39. rnre^istered ^^* -^° pcrson shall be entitled to recover any charge in person cannot any court of law for any medical or surgical advice or for tharKes attendance or for the performance of any operation or for any medicine which he may have prescribed unless he is registered under this Ordinance. No. 5 of 1888, s. 45. L'nregiatered 54. No person shall be appointed as medical officer, physi- Ee^appoiiited" ^^^^ "^ surgeon in any branch' of the public service of the to office 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. No. 5 of 1888, s. 46. certifleates 55» No Certificate required by any Ordinance in force or refUtered *^^^*' ^^7 hereafter be passed, from any physician or surgeon persons or medical practitioner shall be valid unless the person signing the same is registered under this Ordinance. No. 5 of 1888, s. 47. INTERPRETATION. Interpretation 56. The words " legally qualified medical practitioner " or "duly qualified medical practitioner" or any other words implying legal recognition of any person as a medical practi- tioner or member of the medical profession when used in any 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. No. 5 of 1888, s. 55. PUBLICATION OF MEDICAL REGISTER. RegiBterof ^"^ ' The registrar shall from time to time and at least Pubii^tilfn'' annually under direction of the council cause to be printed and effect of and published a correct register of the names in alpha- betical order according to the surnames with the respective residences in form B in the schedule to this Ordinance or to the like eflfect together with the medical titles, diplomas and qualifications conferred by any college or body, of all persons appearing on the register as existing on the day of publication and such register shall be called the North-West Territories' Medical Register and a copy of the register for the time being purporting to be so printed and pubhshed 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 Ordi- nance ; 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 reoistered according to the provisions of this Ordinance. 1898 MEDICAL PROFESSION Cap. 52 1 I (2) In the ease of any person whose name does not appear in such copy a certified copy, under the hand of the registrar, of the entry of the name of such person on the register shall be evidence that such person is registered under this Ordinance. No. 5 of 1888, s. 40 ; No. 38 of 1897, s. 26 (2). EVIDENCE OF REGISTRATION. 58. In all cases where proof of registration under this Ordi- Evidence <.i nance is required to be made the production of a printed or ™Kistration other copy of the register or of any extract therefrom certified by the registrar shall be suflicient 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 privia facie evidence that such person is such registrar without any proof of his signature or of his being in fact such registrar. No. 5 of 1888, s. 50; No. 38 of 1897, s."26 (3). OFFENCES AND PENALTIES. PROSECI^TIONS. 59. Any person entitled to be registered under this Ordin- Practitioners ance but who neglects or omits to be so registered shall uot?egistCT^ 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 Ordinance or any other Ordinance in force against unqualified or unregis- tered practitioners. No. 5 of 1888, s. 41. 60. No unregistered person shall practise medicine or Unregistereri surgery for hire or hope of reward ; and if any person not OTactFsing registered pursuant to this Ordinance for hii-e, gain or hope of *°'' '■"■"'^"i reward practises or professes to practise medicine or surgery he shall be guilty of an offence and upon summary conviction thereof be liable to a penalty not exceeding -"ijlOO. No. 5 of 1888, s. 42. 01. Any person who wilfully or falsely pretends to be a Pretending physician, doctor of medicine, surgeon or general practitioner p'^jy^ician, etc. or assumes any title, addition or description other than he actually possesses and is legally entitled to under this Ordin- ance shall be liable on conviction thereof before a justice of the peace to a penalty not exceeding S50 nor less than $10. No. 5 of 1888, s. 43 ; No. 24 of 1892, s. 2. ft?i. Any person not registered pursuant to this Ordinance Assuming; 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. No. 5 of 1888, s. 44. 63. Any prosecutions under this Ordinance may be brought Prosecutions or heard before a justice of the peace. In case the penalty and penaitr 453 1*2 Cap. 52 MEDICAL PROFESSION C. O. cost awarded are not upon conviction forthwith paid the justice may cominit 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. No. 5 of 18s8, s. 48. omis of proof <»4. In any prosecution under this Ordinance the burden of proof of registration shall be upon the person charged. No. 5 of 1888, s. 49. Limitation of 05. Every prosccution Under this Ordinance shall be com- prosecu ions jj-|gjj(>gjj -within six months from the date of the alleged offence. No. 5 of 1888, s. 51. Council may 60. The council by an order signed by the president hav- PTOceedings i^g the seal of the council appended thereto may stay pro- ceedings in any prosecutions under this Ordinance where it is deemed expedient. No. 5 of 1888, s. 52. Application CI. All tlnes and penalties imposed under any of the pro- visions of this Ordinance and all moneys to be received or levied thereunder shall after the receipt thereof by the person authorised to receive the same be forthwith paid by such person to the treasurer for the uses of the college. No. 34 of 1894, s. 2. RETURNS. General 68. The registrar whenever requii-ed by the Lieutenant cliiS'fOT^'^ ^"^ Governor shall transmit to the territorial secretary a return certified under oath setting forth all such information and particulars relating to the college as may from time to time be required. No. 38 of 1897, s. 23 (6). SCHEDULE. FORM A. Ths 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, Regina. 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 ic default in payment of my fees to the council. Dated, April, 1 Joh7i James Brown. Witness ; Horace Young. 454 .1898 MEDICAL PROFESSION FORM B, Cap. 52 NAME. RESIDENCE. QUALIFICATION. A. B. CD. E. F. G. H. Banff Calgary Regina Qu'Appelle M.A., M.D., Toronto University. M.D., Glasgow, Scotland. L.S.A., London, England. M.D„ New York, U. S. ■i-oo Short title CHAPTER 53. An Ordinance respecting Dentistry. 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 Dentistry Ordi- nance." No. 41 of 1S97, s. L THE DENTAL ASSOCIATION. Dental Association constituted 3. The members of the Dental Association of the North- West Territories formed under the provisions of Ordinance No. 6 of 1892 and such other persons as hereafter from time to time are registered and certificated under the provisions of this Ordinance shall constitute an association to be known as "The Dental Association of the Territories " and the said association shall be deemed a body politic and corporate and shall have perpetual succession and a common seal with power to sue or to be sued and acquii'e, hold and dispose of chattel property and real estate for the purposes of this Ordinance. No. 41 of 1897, s. 2. Annual meeting Appointment of officers Officers pending holding of meeting ANNUAL MEETING. OFFICERS OF ASSOCIATION. 3. A meeting of the association shall be held on the first Tuesday in April in each year at such hour and place as the officers of the association hereinafter mentioned may appoint at which meeting not less than three members of the associa- tion shall constitute a quorum and the members present at such meeting' shall appoint officers consisting of a president, vice president and secretary treasurer who sball hold office until the next annual meeting of the association or until others are appointed in their stead. (2) Until the said meeting is held and their successors are appointed the president, vice president and secretary treasurer of the Dental Association of the North-West Territories are hereby declared to be the officers of the association hereby- created with all the powers conferred upon such officers by this Ordinance. No. 41 of 1897, s. 3. Hegistraticiri of dentist REGISTRATION OF DENTISTS. STUDENTS. 4. The association shall cause to be kept by the secretary treasurer a book or register in which shall be enteied the name of every 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 456 1898 DENTISTRY Cap. 58 and with the rules and regulations made or to be made by the said association respecting the qualifications to be required from dental practitioners in the Territories and those persons only whose names are inscribed in the book or register above mentioned shall be deemed to be properly qualified and licensed to practise dentistry or dental surgery in the Territories except as hereinafter provided and such book or register shall at all times be open and subject to inspection by any person. (2) All dentists certificated under the provisions of Ordin- Previousi.v ance No. 6 of 1892 shall be deemed to be registered according dentists *"^ to the provisions of this Ordinance. No. 41 of 1897, s. 4<. 5. It shall be the duty of the secretary-treasurer to keep Duties of his register correct in accordance with the provisions of this treasurer Ordinance and the rules, orders and regulations of the associa- tion and he shall from time to time make the necessary alter- ations in the addresses or qualifications of the persons registered under this Ordinance and the said secretary-treasurer shall pecform such other duties as may be imposed upon him by the association. No. 41 of 1897, s. 5. 6. The secretary-treasurer shall admit upon the register : Persons to '' JT o be admitted (a) Any person who at the time of the passing of Ordin- °" ^'^sister ance No. 41 of 1897 was and had been for the twelve months next preceding actively engaged within the Territories in the practise of the profession of dentis- try or dental surgery and who verifies by statutory declaration that he had been so actively engaged as aforesaid ; (b) Any person possessing a diploma of graduation in dental surgery from the faculty of any Canadian dent al college or the faculty of any Canadian university having a special dental department or from any such institution duly authorised by the laws of Great Britain or any of her dependencies ; (e) Any person possessing a license to practise dental sur- gery issued by any of the provinces of the Dominion of Canada exercising similar powers as conferred by this Ordinance and in which the standing for quali- fication is equal to that of the Territories ; (d) Any person possessing a diploma from a foreign dent- al institution which required at the time of issue of such diploma attendance at a regular course of lectures and practice for a period of not less than two and one half years ; (e) Any person receiving a recommendation from the board of dental examiners for the Territories ; and it shall be the duty of the person claiming to be entitled to be registered to produce to the secretary-treasurer evidence satisfactory to him that he is entitled thereto. No. 41 of 1897, s. 6 ; No. 40 of 1898, s. 16. 457 Cap. Oo DENTISTRY C. 0. Articles of students 1. Articles entered into after the coming into force of this Ordinance binding any person to serve as a student of dentistry to a dental practitioner in the Territories shall be in duplicate and one copy shall be filed with the secretary -treasurer ; and unless so tiled within six months from the date thereof shall be reckoned to commence on the date of the production for filing. No. 41 of 1897, s. 7. Fees 8. Any person whose name is admitted upon the register shall pay a fee of ?2o if he is admitted under the provisions of clauses (h), (c) or (d) of section 6 of this Ordinance and a fee of iSlO if he is admitted under the provisions of clause (e) of the said section ; and upon being registered and the payment of the proper fee he shall be entitled to receive a certificate to that effect under the corporate seal of the association and signed by the secretary treasurer and shall be entitled to receive a similar certificate annually upon payment of a fee to be determined b}" the association, such fee to be payable on the first day of January in each j^ear. No. 41 of 1897, s. 8. Board of examiners iVi 9. The officers of the association shall be a board of exam- iners whose duty it shall be to prepare papers and examine students in dentistry and grant, to such as are worthy, recom- mendations for registration. No. 41 of 1897, s. 9. Recommen- dation for registration of students 10. Recommendations for registration shall only be granted by the board of dental examiners to students of dentistry in the Territories — (a) Who are over twenty-one years of age. _(6) Who produce evidence of scholarship equal to that required to pass the Public School Leaving Examin- ation ; (c) Who have articled themselves to and served an ap- prenticeship of two and one-half years with a dental practitioner who is registered as such under this Ordinance or under the laws of any province of Canada and is practising within the Territories or such province ; {d) Who have passed the examination prescribed by the board of examiners. (2) The provisions of clause (6) of this section shall not apply to any student articled prior to the loth day of Decem- ber, 1897. No. 41 of 1897, s. 10 ; No. 40 of 1898, s. 16. PRACTISING WITHOUT REGISTRATION. Penalty for H . Any person not in possession of a valid certificate as w^hout'leing aforesaid who practises dentistry or dental surgery (except the registered extraction of teeth) shall be guilty of an oflence and upon summary conviction thereof shall be liable to a penalty not exceeding Si GO and in default of payment forthwith after 458 1898 DENTISTRY Cap. 5o 4 conviction to imprisonment for any term not exceeding one month. No. 41 of 1897, s. 11. 13. No person who is not registered as required by this Unregistered ,-•1. 1 11 • i. r 1 i.' practitioner Ordinance shall recover m any court or law any tees or money cannot recover for services rendered or material.* provided lay him in the ^^^^ practise of dentistry or dental surgery. No. 41 of 1897, s. 12. 13. The secretary treasurer whenever required by the Secretary Lieutenant Governor shall transmit to the territorial secretary Jjilf^e^rltum a return certified under oath setting i'orth all such information t°J^|JjJ^i'°"^' and particulars relating to the association as may from time to when time be required. No. 41 of 1897, s. 13. ""^ MEDICAL PRACTITIONERS. 1 4. The provisions of this Ordinance shall not apply to any Ordinance not registered practitioner of medicine or surgery in the Terri- praSitwners tories. No. 41 of 1897, S. 14. orsurgery^ 459 Short title CHAPTER 54. .\n Ordinance I'especting Chemists and Druggists. 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 Pharmacevlical Association Ordinance." No. 22 of 1891-92, s. 1. THE PHAKMACEUTICAL ASSOCIATION. "The Pharmaceuti- cal Association of the X.-W.T.' continued "i. All person,'^ now registered or deemed to be registered under the provisions of Ordinance No. 22 of 1891-92 re.specting chemists and druggists and all persons hereafter registered under the provii-ions 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. No. 22 of 1891-92, ss. 2, 3. MEETINGS OF ASSOCIATION. COUNCIL. General meeting.'; C'oiincil Voting al meetings 3. There shall be general meetings of the said association held from time to time as hereinafter mentioned and there shall also be a council to direct and manage the affairs of the said corporation ; and the said general meetings and the coun- cil shall have the entire direction and management of the said corporation in the manner and subject to the regulations here- inafter mentioned ; and at all general meetings and meetings of the council the majority of the members present and having a rioht to vote thereat respectively shall decide upon the matters propounded to such meetings — the person presiding in case of an equality of votes to have the casting vote. No. 22 of 1891-92, s. 6. Council, tive members 4. The council of the association shall be composed of not more than five members to be elected in accordance with the provisions hereinafter contained. No. 22 of 1891-92, s. 7. Duratioji of office HesignHtion 5. The members of such council shall be elected or appointed as the case may be for the period of two years but any mem- ber may resign his appointment at any time by letter address- ed to the president or to the registrar of the council ; and upon the death, resignation or removal of any member of the council it shall be lawful for the council to elect and appoint some other person being a member of the association to supply the vacancy so made ; and the person so appointed shall be 460 1898 PHARMACEUTtCAL ASSOCIATION Cap. 54: 'l taken in all respects as regards his duration of office to repre- sent the person in whose stead he has been appointed. No. 22 of 1891-92, s. 8. G. The association may hold general meetings once in the Meetings uf year and also such special meetings as the council may f j-om ^^"'"'''^ ™" 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 the council ; and further upon the recommendation in writing of six members of the association entitled to vote requesting the council to convene a special general meeting of the associ- ation for the purpose specilied in the requisition ; such meeting shall be convened by the president within such reasonable time as the council shall see fit — they first giving such notice thereof as may be required by the bylaws of the corporation and the purpose for which the same is convened. No. 22 of 1891-92, s. 9. 7. The persons qualified to vote at elections of members of Election oi the council shall be such persons as are at that time members of ™®™y®™] the association and the time, place and manner of such elections shall be as laid down by the by laws of the corporation subject to the provisions of this Ordinance. No. 22 of 1891-92, s. 10. 8. No person shall be eligible to be elected a member of the Unregistered council unless he be registered in pursuance of this Ordinance. i'neSg"bie No. 22 of 1891-92, s. 11. 9. The charge and conduct of elections shall be under the Conduct of management of the registrar of the council. No. 22 of 189 1-92, ''"^<'**°"'* s. 12. 10. Every person entitled to vote may vote for five persons, votes No. 22 of 1891-92, s. 13. 1 1. Such votes shall be given by closed voting papers to be Method obtained from the registrar prior to the day of election in form°*™''"*^ A in schedule 1 hereto or to the like effect signed by the voter and delivered to the registrar on any of the twenty days preceding the day of election. Any voting papers delivered to the said registrar by post during the time aforesaid shall be deemed delivered to him. No. 22 of 1S91-92, s. 14. I'i. The five persons who have the highest number of votes persons shall be the members of the council for the two years following fJ^J^^tfon the date of such election and until their successors are ap- °^ "ffl'^e pointed. No. 22 of 1891-92, s. 16. 13. Any person entitled to vote at any election .shall be en- Voters pre.sent . , , , "^ ^ , , ,1 • j: ii i.- 1. 1 S't count titled to be present at the opening of the voting papers at such election. No. 22 of 1891-92, s. 17. 1 4. In case of an equality of votes between two or more Equality persons which leaves the election of one or more of the mem-°' '*'°*'"' 4G1 Cap. o-t PHARMACEUTICAL ASSOCIATION CO. bers of the council undecidGd, the registrar shall in the presence of the scrutineers forthwith put into a 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 of the scrutineers shall draw by chance from such ballot box one or more of such ballot papers sufEcient to make up the required number and the persons whose names are upon such papers so drawn shall be such member.s. No. 22 of 1891- 92, 8. 18. OFFICERS. Officers to be elected 15. The covincil 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 neces- sary. Xo. 22 of 1891-92, s. 19. Property of association Sale or mortgage PROPERTY OF ASSOCIATION. 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 bjdavvs thereof : Provided always that no sale or mortgage of any such pro- perty shall be made except with the approbation and concur- rence of a general meeting of the members of the said corpo- ration specially called for such purpose. No. 22 of 1891-92, s. 24. BYLAWS, RULES AND REGULATIONS. General rules and by laws m. The council shall have power to make such bylaws, rules and regulations not inconsistent with the provisions of this Ordinance as they shall deem necessary for the carrying out of the objects of the association and from time to time may amend, revoke or substitute others in their stead ; and such bylaws, rules and regulations may also be amended, altered or repealed in whole or in part at any annual general meeting of the asso- ciation provided previous notice be given of the intention .so to do, such notice to be given in accordance with the bylaws in force for the time being. No. 22 of 1891-92, s. 25. REGISTER. Registry to be kept Persons entitled to admission 1 8. It shall be the duty of the registrar to make and keep a correct register in accordance with the provisions hereof of all persons w^ho are registered under the provisions hereof and to enter their qualifications opposite the names of all registered persons who shall have filed a statement of such and from time to time make the necessary alterations in the address of persons so registered. No. 22 of 1891-92, s. 20. 19. The registrar shall admit upon the register of the Phar- maceutical Association of 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 462 1 898 PHARMACEUTICAL ASSOOJATIOX Cap. 54 4 Majesty's doiioinions bj^ any pharmaceutical association or col- lege of pharmacy empowered by law to grant such diploma or certificate ; • (2) Any person who shall produce satisfactorj' evidence that he has been engaged in the actual practise of the profession of chemist and druggist, or dispensing chemist or apothecary, either as clerk or manager, for at least four years prior to the twenty-iifth day of January, 1892, and who was at that time a resident of the Territories ; (3) Any person complying with section 22 of this Ordinance. No. 22 of 1891-92, s. 21. 30. No names shall be entered in the register except author- Evidence of ised to be registered nor except the registrar is satisfied bya^^iss^on proper evidence that the person claiming is entitled to be re- gistered, and any appeal from the decision of the registrar may Appeals from be decided by the council of the association, and any entry ^"^sistrar which, shall be proved to the satisfaction of the council to have Fraudulent been fraudulently or incorrectly made ihay be amended or^°*"®* erased in the register by order of such council. No. 22 of 1891-92, s. 22. 31. Upon any person being registered as aforesaid he shall Certificate of be entitled to receive a certificate in form B in schedule 1 here- ™^'''**'™'"^°" to, or to the like effect, under the corporate seal of the associa- tion and signed bj' the registrar, and shall be entitled to receive a similar certificate annually upon payment of a fee to be determined by the council. No. 22 of 1891-92, s. 27. EXAMINATION OF STUDENTS. 33. Every candidate for examination shall produce evidence Examination that he has served at least four years in a drug store, and shall "'^ '''■"'^'^"''^ pass an examination which shall embrace chemistry, pharmacy, botany, materia inedica, reading and translating prescriptions and practical dispensing ; and after passing this examination and producing the requii-ed certificates shall be registered a pharmaceutical chemist. No. 22 of 1891-92, s. 4. 33. The exam'nation referred to shall take place and be Rules for regulated by such rules, regulations or bylaws as may be in exammation.s 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 bylaws. No. 22 of 1891-92, s, 5. 34. The council of the association shall have authority, not- Examination.s withstanding anything contained in this Ordinance, to prescribe the subjects upon which candidates for competency shall be ex- amined and to establish a scale of fees to be paid by persons Fees applying for examination. No. 22 of 1891-92, s. 2.'1 SALE OF POISONS. 3.5, The several articles named or described in schedules Poisons 4(>] J Cap. 54 PHARMACEUTICAL ASSOCIATION C. 0. 2 and 3 hereto shall be deemed to be poisonous within the meanina^ of the provisions hereof, and the council of the association may from titne to time by resolution declare that any otner 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 Gazette, &xi(!i on the expiration of two months from such advertisement the article n.'.med in the resolution shall be deemed to be "poison" within tue meaning hereof and the same shall be subject to the provisions herein contained. No. 22 of 1891-92, s. 29 ; No. 38 of 1897, s. 27 (1). .Sale of poisons ^^' 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 also with the name and address of the establishment in which such poison is sold ; and it shall be unlawful to sell any poison mentioned in the first part of schedule 2 to any person un- known 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 I'equired, and the name of the per.son, 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 comply with the provisions of this section. No. 22 of 1891-92, s. 30. REGISTERED PRACTITIONERS. RESTRICTIONS. PENALTIES. relstered '^^ ' ^"^^ person registered and no other shall be entitled a persoas "Pharmaceutical chemist;" and no other person except a phar- maceutical chemist as aforesaid, or his employee or emplovees, shall be authorised to compound prescriptions of legally author- Feestobepaidjgg^j qj. otj^er mcdical practitioners or of other persons ; and no person shall be entitled to take part in any of the proceedino-s of the said association who is in default in respect to any fee payable by him by virtue hereof. No. 22 of 1891-92, s. 26. Prohibitions 38. It shall be unlawful for any person to keen onen .shon against non n i.-r i- • i- • ''^.V ,^ members lor retailing, dispensing or compounding poisons other than 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 Territories unless such person shall be a member of the association hereby incorporated. No. 22 of 1891-92, s. 28. 464 1898 PHARMACEUTICAL ASSOCIATION Cap. 54 6 39. No person selling any article or articles in violation of No recovery the provisions of this Ordinance shall recover any charges in where respect thereof in any court of law or equity nor shall any ^SiSed"^ branch drug business be carried on by a pharmaceutical chemist Braneh unless he employs in it a duly registered pharmaceutical chem- ist. No. 22 of 1891-92, s. 33. 30. Any person transgressing any of the provisions herein Penalties contained, or selling any poison in violation thereof, shall for the iirst offence incur a penaltj^ not exceeding $100 and costs of prosecution : and for each offence subsequent to such con- viction a penaltj' not exceeding ^200 and costs of prosecution, to be recovered in a summary manner before any justice of the peace. No. 22 of 1891-92, s. 31. 31. In any prosecution hereunder it shall be incumbent on Prosecutions the defendant to prove that he is entitled to sell or keep open shop for compounding medicines or retailing poisons and to assume the title of chemist and druggist or other like title to the like effect'; and the production of a ceititicate purporting to Evidence , be under the hand of the regi'^trar and under the seal of the said association showing that he is so entitled shall be 'prima ' facie evidence that he is so entitled. No. 22 of 1891-92, s. 32. REMOVAL FROM REGISTER. 33. Upon the resolution of the council of the association Removal from being passed declaring that any person, in consequence of his i^roper°'' conviction for any offence or offences against the provisions conduct hereof, is in the opinion of such council unfit to be on the 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 ei-ase the same accordingly. No. 22 of 1891-92, s. 35 ; No. 38 of 1897, s. 27 (2). EXCEPTIONS FROM OPERATION OF ORDINANCE. 33. Nothing herein contained shall extend to interfere with Exceptions in the privileges conferred upon physicians and surgeons by any Medlcaf^^''^ Ordinance relating to the practise of medicine and surgery in practitioners, the North-West Territories, and they may be registered as pharmaceutical chemists without undergoing examination ; nor Sale to shall it prevent any person whatever from selling goods of any gr^ggT^g^^j. kind to any pei'son legally authorised to carry on the business ■*'<^''^""^"^s of an apothecary, chemist or druggist, or the profession of a doctor of medicine, physician or surgeon, nor to veterinary surgeons ; nor to prevent the members of such professions sup- plying to their patients such medicine as they may require ; and upon the decease of any person legally authorised and Executors of actually carrying on the business of chemist and druggist atchlmi^f^ the time of his death it shall be lawful for the executors, ad- ministrators or trustee or trustees of the estate of such persons to continue such business so long only as such business shall be bona fide conducted by a pharmaceutical chemist. No. 22 of 1891-92, s. 34. 30 465 7 Cap. 54 PHAKMACEUTICAL ASSOCIATION C. 0. RETURNS. General 34. The resfistrar whenever required by the Lieutenant berequh'eS Governor shall transmit to the Territorial secretary a return certitied under oath setting forth all such information and par- ticulars relating to the Pharmaceutical Association as may from time to time be required. No 38 of 1897, s. 27. (3). SCHEDULE L FORM A. North-West Pharmaceutical Association. VOTING PAPER for ANNUAL ELECTION, A.D. 1 I, John James Brown, a registered pharmaceutical chemist, vote for the five persons hereinafter named to form the mem- bers of the council of the North- West Territories Pharmaceu- tical Association : L George Courtney, Banff. 2. William Jenner, CalgarJ^ 3. Thomas Morgan, Regina. 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 Broivn. Witness : Horace Young. FORM B. CERTIFICATE OF REGISTRATION. I hereby certify that G. D., being entitled to registration, by having was on the day of A.D. 1 , duly registered as a pharma- ceutical chemist and is authorised to carry on the business of chemist and druggist in the North-West Territories of Canada from the day of A.D. 1 , to the day of A.D. 1 (Signed) E.F., Registrar of the North-West Territories [Seal.] Pharmaceutical Association. 4(36 1898 PHARMACEUTICAL ASSOCIATION FORM C. Poison Sales Register. Cap. 54 Date. Name and address of purchaser Name and quantity of poison sold Purpose for whiolipoison is required Signature of purchaser Signature of person intro- ducing pur- chaser Signature of seller 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 2Nr). 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 ])reparations. Iodine. Phosphorus. Red and white precipitate. Verdigris. Sulphate of zinc. m 467 Cap. .54 PHARMACEUTICAL ASSOCIATION C. 0. SCHEDULE 3. Tincture aconite in original packages. Cantharifles bli.ster. Laudanum or paregoric in original packages. Strychnine in original packages. Acetate of lead. Carbolic acid. Hellebore. Paris green. Red precipitate. Sulphate of zinc. 468 CHAPTER 55. An Ordinance respecting Veterinary Surgeons. THE Lieutenant Governor by and with the advice and con- sent 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 '° ^^ licensed the Territorial secretary a license as hereinafter provided en- titling him to practise veterinary surgery. No. 12 of 1895, s. 1 ; No. 38 of 1897, s. 28 (1). %. Such license may be issued, upon payment of a fee of $5,^^™®°' to the following persons and no others : (a) Persons possessing a diploma or certificate of admission as veterinary surgeons in any part of Her Majesty's Dominions . by any body or association empowered by law to grant such diploma or certificate. (b) Persons being on the 31st day of December, 1892, regis- tered or entitled to be registered as veterinary surgeons under the provisions of Ordinance No. 12 of 1892, who apply for registration hereunder before the first day of July, 1899. No. 12 of 1895, s. 2 ; No. 40 of 1898, s. 14. «t. Such license shall remain in force until cancelled by the Duration Lieutenant Governor in Council. No. 12 of 1895, s. 3. 4. Any person, other than those holding a valid license, Penait.v who practises for reward veterinary surgery, except the castra- tion, spaying 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. No. 12of 1895, s. 4;No. 11 of 1896. 469 CHAPTER 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 TriXE. Short title 1. This Ordinance may be cited as "The Hotelkeepers' Or- dinance." R.O. c. 31, s. 1. Right of detention and sale of goods of lodger . indebted for board, etc. Disposition of surplus No lien for liquors LIEN OF HOTEL OR BOARDING HOUSE KEEPER. 3. Any hotel, boarding or lodging hou.se 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 person who is indebted to him for board and lodging and shall be responsible for the safe keej 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, stating the name of the guest, boarder or lodger, the amount of his indebtedness, a description of the baggage or other property to be sold, the time and place of sale, and the name of the auctioneer, and after such sale, such inn, hotel, boarding or lodging house keeper may apply the proceeds of such sale in payment of the amount due to him as aforesaid and the costs of such adver- tising 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 application therefor be not forthwith made he shall immediately pay the same to the Territorial treasurer, to be kept by him for such owner for one year ; after which time if such owner has not previously claimed the amount so kept the same shall form part of the general revenue fund of the Territories. RO. c. 31, s. 2 ; No. 23 of 1898, s. 1. 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 therecn, fer wines or spirituous or fermented liquors supplied to him or to any one else by his order. R.O c. 31, s. 3. LIABILITY OF HOTEI, KEEPER. Limitation of liability of 4. No hotel keeper shall after the coming into force of this Ordinance be liable to make good to any guest of such hotel 470 1898 HOTEL KEEPERS Cap. 56 2 keeper any loss of or injury to goods or property brought to hoteikeeper in his hotel (not being a horse or other live animal or any gear "^''*''''" ""'"'" appertaining thereto or any carriage), to a greater amount than $200, except in the following cases, that is to say : 1. When such goods or property shall have been stolen, lost or injured through the default or neglect of such hoteikeeper 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 law- ful for such hotel keeper if he thinks fit, to require as a con- dition 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. R.O. c. 31, s. 4. 5. If any hotel keeper shall refuse to receive for safe custody Refusal of as before mentioned any goods or property of his guest, or if torewive^'^ any such guest shall through any default of the hotel keeper eoods^nto^ be unable to deposit such goods or property as aforesaid, the' hotel keeper shall not be entitled to the benefit of this Ordi- nance in respect of such goods or property. R.O. c. 31, s. 5. ORDINANCE TO BE POSTED. 6. Every hotel keeper shall cause to be kept conspicuously tms posted in the ofiice and public rooms in his hotel a copy of this ^e posted* ° Ordinance printed or plainly written, and he shall be entitled'" motels 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. R.O. c. 31, s. 6. 471 CHAPTER 57. An Ordinance respecting Keepers of Livery, Board- ing and Sale Stables. 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 *• This Ordinance may be cited as "The Livery Stable Keepers' Ordinance." No. 40 of 1897, s. 1. INTERPRETATION. Interpretation 'i. In this Ordinance unless the context otherwise requires : "Lirery 1. The expression "livery stable keeper" means and includes stable keeper ^^^^ 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 expression " boarding stable keeper" means and in- stable keeper gjy^jgg ^ny person who, for a money consideration or its equiva- lent, stables, boards or cares for anj^ animal ; "Sales ,^ 3. The expression "sales stable keeper" means and includes sta e eeper ^^^ ppi'son 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. No. 40 of 1897, s. 2. LIEN OF STABLE KEEPER. ENFORCEMENT. Lieu on 3. Every livery stable, boarding stable or sales stable keeper effects^^*"*^ shall have a lien on the animals and effects hereinafter men- tioned for the value or price of any food, care, attendance or accommodation furnished for any such animal or effects and in Detention for addition to all other remedies provided by law may detain in in e te ness |^jg custody and possession any animal, vehicle, harness, fur- nishings or other gear appertaining thereto and the personal effects of any person who is indebted to him for stabling, boarding or caring for such animal. No. 40 of 1897, s. 3. Care of 4. Every livery stable, boarding stable or sales stable keeper, tflfedS^*^"' who has exercised the right of detention bj^ this Ordinance detained provided shall be obliged to keep in his possession and be re- sponsible for the proper care of any animal or effects detained by him for the full period of such detention unless they shall Sfiie by sooner be released ; and if the owner does not reclaim the pu ic '^"^ i™a^fj;j-^^a]g and effects so detained by paying the indebtedness in 472 1898 LIVERY STABLE KEEPERS Cap. 57 2 respect of the same within one month from the commencement of such detention, the keeper detaining may sell or cause the Notice of sale same to be sold by public 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 staljle ; (h) The amount of indebtedness and charges for detention; (c) A description of the animals and effects ; and (d) The name of the seller. No. 40 of 1897, s. 4. 5. The proceeds derived from such sale shall be applied : Application (a) In paying the expenses incurred by such detention, of saie^^ advertisitig and sale : (b) In paying the debt for which such detention was madei and the surplus if any shall be paid to the person entitled thereto on application being made by him therefor. No. 40 of 1897, s. 5. 6. In case such owner does not apply for the same within Balance of one month from the day of such sale then such surplus shall Sot'ciaimMi be handed over to the Territorial treasurer to be kept by him f-o ^e handed in a special trust account for one year, after which time if such treasurer 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. No. 40 of 1897, s. 6. ORDINANCE TO BE POSTED. 7. It shall be the duty of every livery stable, boarding Copy of stable and sales stable keeper to have a copy of this Ordinance tobe"postod hung or posted in a conspicuous place in every such stable'" ^'t''"^''^® and in default of compliance with this section he shall not be entitled to the benefit of tuis Ordinance. No. 40 of 1897, s. 7. PERIODICAL CLEANSING OF STABLE. 8. Every livery stable, boarding stable and sales stable stable to be keeper in the Territories shall in each and every year in the SS" nd months of April and October thoroughly cleanse all the stalls, ^^H^^'^J^ted mangel's and feed boxes in such stable by thoroughly washing year 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. No. 40 of 1897, s. 8. 473 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 : Interpretation " Hawker " "Pedler" 1. In this Ordinance the expression "hawker" or "pedler" means and includes any person who (being a principal or any agent in the employ of any person) goes from house to house selling or offering for sale any goods, wares or merchandise or carries and exposes samples or patterns of anj' goods, wares or merchandise to be afterwards delivered within the Territories to any person not being a wholesale or retail dealer in such goods, wares or merchandise ; but shall not mean or include any person selling meat, fish, fruit, agricultural implements, sewing machines or farm produce by retail. No. 38 of 1897, s. 29 (1); No. 40 of 1898, s. 11. License to 3. No person shall follow the calling or pursue the business caiHngs'""^ *™ of an auctioneer, hawker or pedler within the Territories with- out having first obtained a license therefor, which license shall be issued by such person as the Lieutenant Governor in Coun- cil may authorise. E.G. c. 37, s. 1 ; No. 35 of 1892, s. 8. Application for license 3. Every applicant for a hawker's or pedler's license shall 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 offer for sale under such license. No. 38 of 1897, s. 29 (3). Fees payable 4. On every application for a license under this Ordinance 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 therefor, the sum of $10 and on every subsequent consecutive application the sum of $5. No. 38 of 1897, s. 29 (2). Hawker's 5. No hawkcr or pedler shall sell or offer for sale any goods, sales imi er ^g^j.gg qj, merchandise other than those set forth in his appli- cation for license. No. 38 of 1897, s. 29 (3). Duration of license 6. Every license issued under this Ordinance shall expire on the thirty-first day of December of the year in which it is issued. E.O. c. 37, s. 3. Penalty t« Any person violating the provisions of this Ordinance 474 1898 AUCTIONEERS, HAWKERS, ETC. Cap. .58 2 shall be liable, on summary conviction thereof, to a fine not exceeding $100 and costs of prosecution. R.O. c. 37, s. 4. 8. The provisions of this Ordinance shall not apply within Municipalities a municipality nor shall any license be issued under the pro- «'''^^p*'®oi 16 Cap. 61 COMPANIES GENEEAL PEOVISIONS. CO. Agencies outside Territories Dividends Special meeting at call of shareholders 15. The company may have an agency or agencies in any city or town outside the Territories. R.O. c. 30, s. 76. T6. No dividend shall be declared which will impair the capital of the company. R.O. c. 30, s. 77. Tl. Shareholders who hold one-fourth part in value of the subscribed stock of the company may at any time call a special meeting thereof for the transaction of any business specified in such written requisition and notice as they make and issue to that effect. R.O. c. 30, s. 78. Deeds by attorney of company Contracts, bills of exchange, etc. for company by its officers Proviso Proof by affidavit, etc. Use of corporate name of company "limited" to be appended 18. Every deed which any person lawfully empowered in that behalf by the company as its attorney signs on behalf of the company and seals with his seal shall be binding on the company and shall the same effect as if it was under the seal of the company. R.O. c. 30, s. 79. 19. Every contract, agreement, engagement or bargain made and every bill of exchange drawn, accepted or indorsed and every promissory note and cheque made, drawn or indorse3. When there are huilding.s within the municipality the diiferenfc parfc.s 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 con\'ey the gas, water or electricity to the property of another or in the possession of another and such pipes, wires or conductors shall be carried up and attached to the outside of the building. K.O. c. 30, s. 96 ; No. 17 of lcS91-92, s. 4. Breaking up passages, etc. 94. The company may also break up and uplift all passages common to neighbouring proprietors or tenants and dig or cut trenches therein for the purpose of laying down pipes, wires or conductors or taking up or repairing the same doing as little damage as may be in the execution of the powers granted by this Ordinance. R.O. c. 30, s. 97 ; No. 17 of 1891-92, s. 4. Compensation i>.5. Every Company shall make satisfaction to the owners or proprietors of buildings or other property or to the public for all damages by them sustained in or by the execution of all or any of the said powers subject to which provisions this Ordi- nance shall be sufficient to indemnify every such company and their servants, and those by them employed, for what they or any of them do in pursuance of the powers hereby granted. Froceduie (2) Every person claiming compensation from the company under this section shall proceed by originating summons in the judicial district in which the damages are alleged to have been committed. R.O. c. 30, s. 98 ; No. 17 of 1891-92, s. 5. Location of works 06. Every such company shall construct and locate their gas works, water works or electric or telephone system and all apparatus and appurtenances thereto belonging or appertaining or therewith connected and wheresoever situated so as not to endanger the public health or safety. R.O. c. 30, s. 99; No. 17 of 1891-92, s. 4. Limitation of powers of company iiTi. Nothing contained in this Ordinance shall authorise any such companj' or any person acting under the authority of the same to take, use or injure for the purposes 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 appropri- ated and necessary for his domestic uses without the consent in writing of the owner or owners thereof first had and ob- tained. R.O. c. 30, s. 100. Privileges of other conjpanic!.. 08. Nothing in this Ordinance shall authorise any company established under it to interfere Mnth or infringe upon any ex- clusive privilege granted to any other company. R.O. c 30 s 101. Individual rights 00. Nothing in this Ordinance contained shall prevent any 506 1898 COMPANIES Cap. 61 21 person from constructing any works for the supply of gas or water to his own premises. R.O. e. 30, s. 102. 100. Neither the service nor the connecting pipes, wires or Exemption conductors of the company, nor any meters, lustres, lamps, and'seizure"" pipes, gas fittings, electricity fittings, or any other property of any kind whatsoever of the company shall be subject to or liable for rent nor liable to be seized or attached in any way by the possessor or owner of the pi'emises wherein the same may be nor be in any way whatsoever liable to any person for the debt of any person to and for whose use or the use of whose house or building the same may be supplied by the company notwithstanding the actual or apparent possession thereof by such person. R.O. c. 30, s. 103 ; No. 17 of 1891-92, s. 4. PROHIBITIONS AND PENALTIES. 101. If any person supplied by the company with gas, NonpaymenL water or electricity 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' previous notice to the person supplied may stop the supply of gas, water or electricity from entering or being supplied to the premises of the person in arrear as aforesaid by cutting off the service pipe or pipes, wires or con- ductors or by such other means as the company or its officers see tit and may recover the rent or charge due up to such time together w^ith the expense of cutting ofi" the gas, water or electricity as the case may be, in any competent court not- withstanding any contract to furnish for a longer time. R.O. c. 30. s. 104 ; No. 17 of 1891-92, s. 4. 103. In all cases where the company may lawfully cut off Entry of and take away the supply of gas, water or electricity from any ^mp"oyees' house, building or premises the company, their agents or their «* company workmen upon giving forty-eight hours' previous notice to the person in charge or the occupier may enter into the house, building or premises between the hours of nine o'clock in the forenoon and five o'clock in the afternoon making as little disturbance and inconvenience as possible and may remove and take away any pipe, meter, cock, branch, lamp, 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 or electricity have been taken or supplied for the purpose of repairing and making good any such house, building or pre- mises or for the purpose of examining any meter, pipe, appa- ratus or fitting belonging to the company or used for their gas, water or electricity 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 ob- structing shall incur a penalty to the company, for every such offence, of $20 and a further penalty of $4 for every day during which such refusal or obstruction continues, to be recovered -507 •10 Gap- 61 I OMPANIES C. 0. with costs as hereinafter provided. R.O. c. 30, s. 105 ; No. 17 of 1891-92, s. 4 Removal of fittings, etc., where service discontiniiecl 103. Where any customer discontinues the use of the gas, or other means of lighting, or heating or water or electricity furnished or supplied by a company incorporated under this Ordinance or the company lawfully refuses to continue any longer to supply the same, the officers and servants of the company may at all reasonable times enter the premises in or upon which such customer was supplied with gas, or other means of lighting or heating, or water or electricity for the purpose of removing therefrom any fittings, machines, appa- ratus, meters, pipes, wires, conductors or other things, being the property of the company, in or upon such premises and may remove the same therefrom doing no unnecessary damage. R.O. c. 30, s. 106 ; No. 17 of 1891-92, s. 4. ARBITRATIONS. Expropriation 104. If it is found necessary or deemed proper to conduct any of the pipes, 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 for supplying which the company is incorporated and the consent of such. Appointment pcrson Cannot be obtained for that purpose the company may of arbitrators Ig^i^Q qj. ^gg ^-^q ]a.nd required and nominate and appoint a disinterested person and the owner or owners of the land taken or damaged may nominate and appoint another, which two persons so appointed shall nominate and appoint a third person and the said three persons shall act as arbitrators in the matter between the company and the owner or owners of the property. (2) Nothing in this section shall authorise the company to take or use any house, land or property in contravention of section 97 of this Ordinance. R.O. c. 30, s. 108 ; No. 17 of 1891-92, s. 4; No. 38 of 1897, s. 34 (15, 16). Powers and duties of arbitrators 1 05. The said arbitrators shall examine all witnesses and administer all necessary oaths or declarations to them and the said arbitrators or a majority of them shall award, determine and adjudge what sum or sums of moneys respectively shall be paid to the owner or owners of the property so taken or damaged by the company, R.O. c. 30, s. 109. Payment of award lOS. The sum or sums of money so awarded shall be paid within three months after the date of the award and in default of such payment the owner or owners may resume the posses- sion of his property with all the rights appertaining thereto but the company shall be held liable to such owner for any damage it may have done to the property. R.O. c. 30 s 110 ■ No. 38 of 1897, s. 34(17). Failure to appoint arbitrator lOT. In the event of the company or the owner of such pro- perty failing to appoint an arbitrator after eight days' notice ")ns 1898 COMPANIES Cap. 61 23 from one of the said parties to the other or of the said two arbitrators failing to appoint a third, the judge of the Supreme Court usually exercising jurisdiction in the judicial district within which the said property lies may appoint a third arbi- trator and the decision of the said three arbitrators or a ma- jority of them shall be binding on all parties concerned. R.O. c. 30, s. 111. ENFORCEMENT OF PENALTIES. 1 08. Unless otherwise herein provided proceedings for fines, Proceedings penalties and forfeitures imposed by this Ordinance may be °''p^"'^ taken by the company or by any person whose property is in- jured, to and for the use of the company or such person, either in the manner hereinbefore directed or before a justice of the peace in a summary way. RO. c. 30, s. 107. FEES FOR LETTERS PATENT. 109. In addition to the cost of all neces.'iarv advertising in Fees on issue the official gazette of the Territories the following fees shall patent be paid on application for letters patent of incorporation and supplementary letters patent under this Ordinance : 1. When the capital stock of the company is $400,000 and upwards the fee to be $200 ; 2. When the capital stock of the company is $200,000 and upwards and under $400,000 the fee to be $150 ; 3. When the capital stock of the company is $100,000 and upwards and under $200,000 the fee to be $100 ; 4. When the capital stock of the company is $50,000 and upwards and under $100,0C0 the fee to be $50 ; 5. When the capital stock of the company is $40,000 and upwarils and under $50,000 the fee to be $40 ; 6. When the capital stock of the company is over $10,000 and under $40,000 the fee to be $30 ; 7. And when the capital stock of the company is .^10,000 or under the fee to be $20 ; 8. On application for supplementary letters patent the fees to be one half of that charged on the original letters patent. R.O. c. 30, s. 113 ; No. 38 of 1897, s. 34(19).' SCHEDULE FORM A. (Section IS). Public notice is hereby given that under The Companies' Ordinance letters patent have been issued under the seal of the Norfch-West Territories bearing date the day of 509 24 Cap. 61 COMPANIES C. 0. incorporating (here state name, address and callivg of each corporator named in the letters patent), for the purpose of {here state the undertaking of the company as set forth in the letters patent) by the name of (here state the name of the company as in the letters patent) with a capital stock of dollars divided into shares of dollars. Dated at Regina this day of 1 A. B., Territorial secretary. FORM B. {Section 20) Public notice is hereby given that under The Companies' Ordinance supplementary letters patent have been issued un- der the seal of the North- West Territories bearing date the day of , whereby the undertaking of the {here insert name of the com-pamy) has been extended to include Qiere set out the other purpose or ob- jects mentioned in the supplementary letters patent). Dated at Regina this day of 1 A.B., Territorial Secretary. FORM C. {Section 27.) Public notice is hereby given that under The Cornpaiiies' OrdA'.iance supplementary Jptters patent have been issued un- der the seal of the North- West Territories bearing date the day of , wherebj' the total capital stock of {here state the name of the company) is increased {or reduced as the case may he) from dollars to dollars. Dated at Regina this day of 1 A.B., Territorial secretary. 510 CHAPTER 62. An Ordinance to Authorise the Changing of the Names of Incorporated Companies. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : 1. When any incorporated company within the legislative Lieut. Gov. in authority of the Legislative Assembly of the Territories gj-^gf^^Sfe whether incorporated under a special or a general Ordinance °' company is desirous of changing its name the Lieutenant Governor in Council upon being satisfied that the company is in a solvent condition, that the change desired is not for any improper purpose and is not otherwise objectionable and that the notice hereafter provided for has been duly given may by Order in Council change the name of the company to some other name set forth in the said Order. No. 81 of 1897, s. L 3. The company shall give by notice published in two con- Publication secutive issues of The North- Went Territories Ga2:ette and in°pp]°*'^y°nfQ two insertions of some other newspaper published in or near "hange name the locality in which the operations of the company are carried on during the time within which such notice is appearing in the said gazette, notice of the intention to apply for the change name and shall state the name proposed to be adopted. No. 31 of 1897, s. 2. 3. In case the proposed new name is considered objection- Lieut. Gov. in able the Lieutenant Governor in Council may if he thinks fit change^ ™^'' change the name of the company to some other unobjectionable p™p*«''"^""^ name without requiring any further notice to be given. No. 31 of 1897, a 3. 4. Such change shall be conclusively established by the Notice in insertion in The North-West Territories Gazette of a notice |'fc^*n|™°' thereof by the Territorial secretary for which a fee of $5 shallot "^me be payable to the Queen's Printer. No. 31 of 1897, s. 4. 5. No contract or engagement entered into by or with the No contract. company and no liability incurred by it shall be affected by ^y'^chSge ^"^ 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. No. 31 of 1897, s. 5. 511 CHAPTER 63. An Ordinance respecting Foreign Corporations. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : SHOHT TITLE. Short title 1. This Ordinance may be cited as "The foreign Companies Ordinance." No. 32 of 1897, s. 1. Corporations to obtain license before tlolng business Certain documents to be filed with Territorial secretary Power of attorney Evidence of license Annual statement to be furnished FOREIGN COMPANIES, LICENSES, STATEMENTS, ETC. 3. Any company, institution or corporation incorporated otherwise than by or under the authority of an Ordinance of the Territories or an Act of the Parliament of Canada desiring to carry on any of its business within the Territories may (through' the Territorial secretary) petition the Lieutenant Go- vernor in Council for a license so to do and the Lieutenant Governor in Council may thereupon authorise such companj-, institution or corporation to use, exercise or enjoy any powers, privileges and rights set forth in the said license. (2) No such license shall be issued until such company, in- stitution or corporation has deposited in the ofSce of the Terri- torial secretary a true copy of the Act, charter or other instru- ment incorporating the company, institution or corporation verified in the manner which may be satisfactory to the Lieutenant Governor in Council together with a duly executed power of attorney empowering some person therein named and residing in the Territories to act as its attorney and to sue and be sued, plead or be impleaded in any court and generally on behalf of such company, institution or corporation and within the said Territories to accept .service of process and to receive all notices and for the purposes aforesaid to do all acts and to execute all deeds and other instruments relating to the matters within the scope of the power of attorney ; and such company, institution or corporation may from time to time by a new or other power of attorney executed and deposited as aforesaid appoint another attorney within the Territories for the pur- poses aforesaid to replace the attorney formerly appointed ; and notice of the granting of such license shall be given forth- with by the Territorial secretary in the ofBcial gazette. (3) The license or any exemplification thereof under the seal of the Territories shall be sufficient evidence in any proceeding in any court oc the Territories of the due licensing of the com- pany, institution or corporation as aforesaid. (4) A company, institution or corporation licensed under this section shall on or before the thirty-tirst day of January in every veai- during the continuance of such license make a 512 1898 FOREIGN COMPANIES Gap. 63 ': statement to the Territorial secretary verified by affidavit con- taining, as of the thirty-first day of December preceding, a summary of the following particulars : (a) The corporate name of the company, institution or corporation ; (b) The manner in which the company, institution or cor- poration is incorporated ; (c) The place where the head office of the company, in- stitution or corporation is situated ; (d) The place or places where or from which the under- taking of the company, institution or corporation is carried on ; (e) The name, residence and post office address of the president, the secretary and the treasurer of the com- pany, institution or corporation ; (t) The name, residence and post office address of each of the directors of the company, institution or corpora- tion; (g) The date upon which the last annual meeting of the company, institution or corporation was held ; (h) The amount of the capital of the company, institution or corporation and the number of shares into which it is divided ; (i) The number of shares subscribed for and allotted ; (j) The amount of stock (if any) issued free from call ; if none is so issued the fact to be stated ; (k) The amount issued subject to call ; (l) The number of calls made on each share ; (m) The total amount of calls received ; (n) The total amount of calls unpaid ; (o) The total amount of shares forfeited ; (p) The total amount of shares which have never been allotted or subscribed for ; (q) The total amount for which shareholders of the com- pany, institution or corporation are liable in respect of the unpaid stock held by them ; (r) In a concise form any further information respecting the affairs of the company, institution or corporation as the directors may consider expedient ; (5) The summary in the next preceding subsection men- summary to tioned shall be verified by the affidavit of the president and i"= ^«"fi<"i secretary and if there is no president or he is unable to make the same by the affidavit of the secretary and one of the di- rectors and if there is no secretary or he is unable to make such affidavit by the affidavit of the president and one of the directors and if there is neither a president or secretary or they are both unable to make such affidavit, by the affidavit of two 33 513 n Cilp. G-S KOKEIGN COMPANIES C. 0. 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. Penalty for (6; Any company, institution or corporation making default default jjj complying with the provisions of this section shall be liable to a penalty of $20 for each and every day during which de- fault continues ; and every director, manager, secretary, agent, traveller or salesman of such company, institution or corpora- tion who transacts within the Territories any business what- ever for such company, institution or corporation shall, for each day upon which he so transacts such business, on summary con- viction thereof before a justice of the peace incxir a penalty of Lieutenant (7) The Lieutenant Governor in Council may by Order (a Governor In notice of which shall be published by the Territorial secretary council may ^ , - .,,,-•' suspend or in the official gazette or otherwise as may be prescribed m the said Order) suspend or revoke and make null and void any license granted under this section to any company, institution or corporation which refuses or fails to comply with any of the provisions of this section and (notwithstanding such suspension or revocation) the rights of creditors of the company, institu- tion or corporation shall remain as at the time of such suspen- sion or revocation. No. 32 of 1897, s. 3 ; No. 40 of 1898, s. 8. Amount of 3. Everj^ company, in.stitution or corporation licensed under capftaUo *^i^ Ordinance shall have written or printed on it? prospectuses, appear on noticcs, advertisements and other official publications and in all bills of parcels, invoices and receipts of the company, institution or corporation immediately after or under the name of such company, institution or corporation the amount of its paid up capital and every such company, institution or corporation which refuses or neglects to comply with this section shall be liable to a penalty noc exceeding $20 for each such offence ; and every director, manager or agent of any company, institution or corporation who knowingly authorises or permits such default shall on summary conviction thereof be liable to the like pen- alty. No. 32 of 1897, s. 4 ; No. 40 of 1898, s. 8. all docinnents 514 CHAPTER 64. An Ordinance respecting Mining Companies. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : 1. Any company incorporated by letters patent under I'Ae Disposition Companies' Ordinance for mining purposes may from time to°'^'°* time dispose of shares and stock at such times to such persons and on such terms and conditions and at such premium or dis- count or in such manner as the directors think advantageous to the company ; provided however that no bylaw for the reduc- tion or sale of stock at any greater discount or at any less premium than what has been previously authorised at the general meeting of the shareholders shall be valid or acted upon until the same has been confirmed at a general meeting. No. 33 of 1897, s. 1. ?J. Where application is hereafter made to the Lieutenant Limitation of Governor in Council for the incorporation by letters patent iiaWhty ''^ under said Ordinance of any company for mining purposes, such letters patent may if the petition of the applicants so re- quires contain a provision that no liability beyond the amount actually paid upon stock in such company by the subscribers thereto or the holders thereof shall attach to such subscriber or holder. No, 33 of 1897, s. 2. 3. Where letters patent incoi porating any such company certificates have been issued containing the provision mentioned in section to contain^ ^^ 2 of this Ordinance every certificate of stock issued by the company shall bear upon the face thereof distinctly written or printed in red ink after the name of the company the words " Issued under section 2 of yin Ordinance respecting Mining Companies and non-assessable." V\'^here such stock is issued subject to further assessments the word "assessable " or if not subject to further assessments the word "non-assessable" shall be used on such certificate as the case may be. No. 33 of 1897, s. 3. 4. Every mining company the charter of which contains the "Nonpersonai said provision shall have written or printed on its charter, appea?oii'° prospectuses, stock certificates, bonds, contracts, agreements, fg"^'^^^'^'* notices, advertisements and other official publications and in company all bills of exchange, promissory notes, indorsements, cheques and orders for money or goods purporting to be signed by or on behalf of the company and in all bills of parcels, invoices and receipts of the company immediately after or under the name cf such company and shall have engraved upon its seal the words "non personal liabibty;" and every such company which refuses or neglects to comply with this section shall on 33| 515 Cap. 64 MINING COMPANIES CO. summary conviction thereof incur a penalty of $20 for each day during which such words are not so kept written or printed; and every director and manager of the company who know- ingly and wilfully authorises or permits such default shall on summary conviction thereof be liable to the like penalty. No. :i3 of 1897, s. 4. Sale of stock on nonpayment of calls Extent of liability of shareholders Application of other Ordinances 5. In the event of any call or calls on stock in a company so incorporated remaining unpaid by the subscriber thereto or holder thereof for a period of sixty days after notice and de- mand of payment such stock may be declared to be in default and the secretary of the company may advertise such stock for sale at public auction to the highest bidder for cash by giving notice of such sale in some newspaper published at the place where the principal office of the company is situated or in case no newspaper is published thereat then in a newspaper pub- lished in the nearest place to said office for a period of one month ; and said notice shall contain the number of the certifi- cate or certificates of such stock and the number of shares, the amount of the assessment due and unpaid and the time and place of salt. ; and in addition to the publication of the notice aforesaid notice shall be personally served upon such stock- holder by registered letter mailed to his last known address; and if the subscriber or holder of such stock shall fail to pay the amount due on such stock 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 stock so sold exceed the amount due with interest and costs thereon, the excess thereof shall be paid to the defaulting stockholder. No. 33 of 1897, s. 5. 6. No shareholder or subscriber for stock in any company so incorporated shall be personally liable for non payment of any calls made upon his stock beyond the forfeiture and sale, in the event of non payment of sxich calls of the amount if any already paid on the stock held or subscribed for nor shall such shareholder or subscriber be personally liable for any debt contracted by the company or for any sum payable by the company beyond the amount if any paid by him upon such stock. No. 33 of 1897, s. 6. 1. Section 8 of The Companies Ordinance as well as all other parts of such Ordinance end of other Ordinances as are not inconsistent with this Ordinance shall apply to mining companies. No. 33 of 1897, ss. 7, 8. 516 CHAPTER 65. An Ordinance respecting the Manufacture of Butter and Cheese. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assemlily of the Territories enacts as follows : SHORT TITLE. 1. This Ordinance may be cited as " The Dairymen ssimvt title Ordinance." No. 38 of 1897, s. 35 (1). PART I. ASSOCIATIONS FOR MANUFACTURE OF BUTTER AND CHEESE. 3. Any five or more persons who desire to associate them- Mode of selves tsgether for the purpose of manufacturing butter qj, i^^oi^poration cheese or providing cold storage for the safe keeping therein of any farm product may make, sign and acknowledge before any person empowered to administer oaths or affidavits to be used in the Supreme Court of the Territories and file in the office of the Territorial secretary a declaration in writing in form A in the schedule hereto or to the same effect and such declaration shall state the name of one of the persons signing the same as having been appointed provisional secretary of the association. No. 13 of 1889, s. 1 ; No. 38 of 1897, s. 35 (2). 3. No association under this part shall be incorporated un- Restriction as der a name identical with that by which any other existing company"' association has been registered or so nearly resembling such name as to be likely to deceive the public. No. 13 of 1889, s. 8. 4. Any declaration so to be filed shall designate any one er Places of more places in the Tei-ritories where business is to be carried be stated'" on. No. 13 of 1889, s. 9. 5. Upon the filing of the declaration the members of the corporate association shall become a body corporate by the name therein p"^**" described with power to purchase, hold, pledge or mortgage such lands as are required for the convenient management of their business, with full power to do all necessary acts and enter into all necessary contracts for the purpose of managing and conducting their said business but no such declaration At least $ioofi shall be filed unless shares to the extent of .$1,000 have been gubsCTibed subscribed by the persons signing such declaration and evidence of such subscription shall be filed with such declaration by statutory declaration of the provisional secretary in form B in the schedule hereto showing what amounts have been taken by the subscribers respectively and what amounts have been paid .317 Cap. 6 c DAIRYMEN S ORDINANCE C. O. Certificate of filing declaration Rules of association Amendment of rules Books on account of their respective subscriptions and whether in cash or otherwise. No. 13 of 1889, s. 2 ; No. 6 of 1890, s. 1. G. The Territorial secretary shall indorse on a copy of the said declaration if sent or delivered to him for that purpose a certificate of the original having been filed in his office with the date of filing and every such declaration with such certifi- cate signed by the Territorial secretary shall be prima Jacie evidence of the facts stated therein and of the incorporation of the association. No. 13 of 1889, s. 3; No. 38 of 1897, s. 35 (3). 1. Within one month after the filing of such declaration as aforesaid a meeting of the members of the association shall be called by notice to be mailed or delivered to each member by the provisional secretary at least ten days before the day of meeting and at such meeting or at any adjournment thereof the members of the association shall agree upon and frame a set of rules for the regulation and management of the associa- tion which may declare and provide among other things : 1. The amount of the whole capital stock of the company if it is to be limited and the amount of each share ; 2. The highest number of shares which may be allotted to any one person ; 3. The mode and terms of payment of shares and the man- ner of making calls thereon and the mode and conditions of the transfer of the shares ; 4. The conditions on which new members may be admitted ; 5. A mode of convening general and special meetings ; 6. Provision for audit of accounts ; 7. The appointment of directors and other officers and their respective duties and a provision for filling vacancies caused by death, resignation or other causes and a copy of all such rules signed by the secretary, shall forthwith be filed in the office of the Territorial secretary with a statutory declaration bj'' the secretary that the same is a true copy of the rules adopted and such rules shall not take eflTect until filed as aforesaid, and they shall be framed and filed before the association shall carry on any operations. No. 18 of 1889, s. 4 ; No. 38 of 1897, s.35 (4). 8. All rules made by any association formed under this part may be repealed, altered or amended or new rules may be made at a regular meeting called for that purpose : Provided no new or amended lules shall have any for-ce or eflFect until a copy verified by statutory declaration of the president or other head officer or of the secretary of the associ- ation to be a true copy of such new or amended rules passed by the association at a meeting specially called as aforesaid ha3 been filed in the office of the Territorial secretary. No. 13 of 1889. s. 5 ; No. 6 of 1890, s. 2 ; No. 38 of 1897, s. 35 (5). 9. The association shall cause a book to be kept by the sec- retary or by some other officer especially charged with that 518 1898 dairymen's ordinance Cap. 65 '■] duty wherein shall be kept a duplicate of the said declaration mentioned in section 2 hereof and of all rules filed as aforesaid in the office of the Territorial secretary and all members of the association shall sign the said declaration in the said book. No. 13 of 1889, s. 6 ; No. 38 of 1897, s. 35 (6). 10. Any person desiring to become a member of or a stock- Members holder in any such association after incorporation as aforesaid may subject to the provisions of the said rules sign the said declaration in the said book and shall thereupon become such member and shall be entitled to the rights and privileges thereof and shall become liable as such member as fully as though he had signed the declaration prior to the incorporation of the association. No. 13 of 1889, s. 7. 1 1. The rules of every association incorporated under this Rules to bind part of this Ordinance shall bind the association and members ™''™^"^'"'* thereof. And all moneys payable by any member to the asso- Members- elation in pursuance of the said rules shall be deemed to be a association debt due from such member to the association. No. 13 of 1889, s. 10. 13. The capital of the association shall be in shares of such capital stock denomination as mentioned in the rules. No. 13 of 1889, s. 11. 13. All elections at meetings of shareholders shall be by Mode oi ballot and each member shall have one vote for each share held ''''"'*'°" by him in respect of which he is not in default for any calls made thereon. No, 13 of 1889, s. 12. 14. Any dispute between members or between members and Disputes ma.v any association established under this part, or any person artitratfo^'" claiming through or under a member or under the rules of such association, and the directors, treasurer or other officers thereof relating to matters coming within the business of the associa- tion may be decided by arbitration in manner directed by the rules of the association, and the decision so made shall be bind- ing and conclusive on all parties without appeal. No. 13 of 1889, s. 13. 15. The liability of the shareholders shall be limited, that is Liability of to say, no shareholder in such association shall be in any man-^^'^''®''"''^'*'''' ner liable for or charged with the payment of any debt or de- mand due by the association beyond the amount unpaid in respect of his share or shares subscribed for and any shai-e- holder having fully paid up the amount of his said share or shares shall be absolved from all further liability. No. 13 of 1889, s. 14. 16. Every association formed under this part shall, not later Ammai than the thirty-first day of January in each year, make a re-™™" turn to the Territorial secretary of its afiairs during the year ending the thirty-first daA' of December preceding. No. 13 of 1889, s. 15 ; No. 38 of 1897. s. 35 (7). 519 Cap. 65 DAIRYMENS ORDINANCE CO. Violation of contract to supply milk 1 1. Any person who wilfully violates a contract to supply milk to an association formed under this part may on summary conviction thereof before a justice of the peace be ordered to pay to such association by way of penalty a sum not exceeding $25 together with costs of prosecution. No. 32 of 1892 ; No. 38 of 1897, s. 35 (8). Mortgage on real estate 18. Any association formed under this part shall have power to execute a mortgage upon any real estate purchased or agreed to be purchased by it for the purpose of securing the payment of the whole or a portion of the purchase money of such real estate or for the purpose of raising money for the purposes of their business and to covenant for the repayment of the said mortgage money and interest or for the purpose of securing payment of any bonds issued or to be issued and generally to make such provisions binding on the association as are usually contained in mortgages. No. 6 of 1890, s. 16. How executed 1 9. The Said mortgage may be executed in accordance with anj? of the rules passed for the regulation and management of the association in that behalf and upon being so executed shall be a valid security of the said a'ssociation. No. 6 of 1890, s. 17. Borrowing powers 5J0. Any such association shall have power to borrow money for the purpose of its business and to issue bonds or deben- tures for the repayment of the same with interest and such bonds or debentures without registration shall be a binding security and charge upon all the real and personal estate of the association including called or uncalled capital and such bonds may be issued in accordance with the rules of the said association and shall be payable at such time or times as may be therein expressed and may be mortgaged, sold or hypothe- cated by the said association in accordance with any provisions in that behalf included in the said rules but such bonds shall not be issued until the same shall have been approved by the Lieutenant Governor in Council and a notice of the intended issue of the same in writing shall have been deposited in the office of the Territorial secretary. No. 6 of 1890, s. 18 ; No. 38 of 1897, s. 35 (9). PART II. DAIRYMEN S ASSOCIATION. Continuation of "The Dairymen'.s Association '" '41. The association formed under the provisions of Ordin- ance No 15 of 1891-1.S92 intituled: An Ordinance to author- ise the formation of an a.nsociation under the natne of " Ihe Dairymen's Association, of the North- West Territories," having for its object to encourage the improvement in the manufacture of butter and cheese and all things connected therewith, is hereby continued as a body politic and corporate and may possess real estate to the value of $10,000. No. 15 of 1891-2, s. 4. 520 1898 dairymen's ordinance Cap. 65 5 ?J3. Such association shall be composed of at least twenty- dumber of five persons and every member thereof shall pay annually a Fees sum not less than $1 to the funds of the association and any Declaration person hereafter becoming a member shall sign a declaration in form C in the schedule hereto, which declaration shall be written and signed in the book kept by the association for the purpose of entering therein the minutes of their proceedings. No. 15 of 1891-2, ss. 1, 2, 3. 33. Such association shall have power and authority to Government make bylaws, to prescribe the mode or manner of admission gf °* ^^^"'^^*^'^°" new members, to regulate the election of its officers and gen- erally the administration of its affairs and property. No. 15 of 1891-2, s. 5 ; No. 38 of 1897, s. 36 (1). 24. The officers and directoi-s of such association shall pre- Annual report pare and present at its annual meeting a detailed report of their operations during the past year indicating the names cf all the members of the association, the amount subscribed and paid by each, the names of the factories, creameries, inventions, improvements and products which deserve public notice, and giving all the information which they deem useful to the in- terests of the dairy industry, and a copy of the said report shall be sent to the Territorial secretary. No. 15 of 1891-2, s. 7; No. 38 of 1897, s. 36 (2). SCHEDULE. FORM A. North- West Territories. ] To Wit: y We do hereby certify that we desire to form a company or association, pursuant to the provisions of part 1 of The Dairymen's Or- dinance. The corporate name of the association is to be and the objects for which the association is to be formed are The capital stock of the association is to consist of shares of dollars each, and the number of shares shall be (or limited only as may be provided by the rules of the association). has been appointed provisional secretary of the said association, and his post office address is And the name of the place (or places) where the operations of the said association are to be carried on is {or are) Dated this day of A.D. 1 (names of persons signing declaration.) On the day of A.D. 1 before me personally appeared 521 dairymen's ordinance C. 0. Cap. 65 to me known to be the individuals described in the foregoing declaration and they severally before me signed the said de- claration and acknowledged that they signed the same for the purposes therein mentioned. A.B. Signature of officer before whom declaration made. FORM B. I, the provisional secretary of the butter and cheese manufacturing association mentioned in the accom- panying declaration signed before Esquire, {style of officer), and dated the day of A.D. ] , do solemnly declare that the subscribers to such declaration have respectively subscriVjed to the said association the amount set opposite to their respective names in the second column of the statement hereinafter writ- ten and each subscriber has paid on account of his subscription the amount set opposite to his name in the third column of such statement and each such subscription has been paid in cash or otherwise as stated in the fourth column of such state- ment. Statement Referred to Above. Column 1. Name of Subscriber. Column 2. Amount Subscribed. %2 00 2 00 I 00 1 00 Column 3. Amount Paid. Column 4. How Paid. A.B. CD. E.F. G.H. $2 00 1 00 1 00 1 00 Cash. Cash. Lumber. Hauling material. 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. Declared before me at ') in the North- West Territories, | this day of )- A.D. 1 , I I. J., J G. H. Provisional Secretary. Signature of o fleer before whom declaration made. olii 1898 DAIRYMEN S ORDINANCE FORM C. Cap. 65 We the undersigned a^ree to become members of " The Dairymen's Association of the North-West Territories" and we hereby severally agree to pay to the treasurer yearly while we continue members of the association the sums set opposite to our respective names hereunder. We further agree to conform to the rules and bylaws of the said association. Name. Sec, Tp., Rg. P.O. Address. Am't Subscribed 523 An Ordinance CHAPTER 66. respecting Benevolent and other Societies. Power to form societies for certain purposes THE Lieuteuant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : 1. Any five or more persons of full age may become incor- porated under this Ordinance for any benevolent or provident purpose or for any other purpose not illegal save and except for the pui'pose of trade or business or any purpose provided for by any of the Ordinances mentioned in the schedule here- to. iS'o. 19 of 1891-2, s. 1. Mode of *i. The proceedings to obtain incorporation shall be as fol- incorporation i^ . 1. Such persons shall make and sign a declaration in writing setting forth the intended corporate name of the .society the purpose of the society, the names of those who are to be the first trustees or managing officers, the mode in which their successors are to be appointed and such other particulars and provisions as the society may think fit provided that the said particulars and provisions are not contrary to law ; 2. The declaration may he 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 thi.s Ordinance he shall indor.se thereon a certificate to that effect ; 4. One of the original parts of the said declaration shall be filed in the office of the registrar of the said Supreme Court at Regina and the fee of fifty cents shall accompany such filing ; 5. When these directions shall have been complied with the persons who signed the declaration shall thereby become and they, their associates and successors, shall thenceforward be a body corporate and politic and shall have the powers, rights and immunities vested by law in such bodies. No. 19 of 1891-2, s. 2. Societies may '5. The society SO incorporated may from tiiTe to time have establish qj. establish and maintain any number of branches thereof to promote the objects of the society. No. 19 of 1891-2, s. 3. Oflicers 4. The society may from time to time appoint trustees, a treasurer, a secretary and other officei-s for conducting its affairs and for the discipline and management of the society ; .^24 1898 BENEVOLENT SOCIETIES Cap. 66 2 and may from time to time make bylaws, rules and regulations By laws and for the government and for conducting the affairs of the society ™'®^ or of any branches thereof ; and may from time to time alter or rescind such bylaws, rules or regulations. No. 19 of 1891- 2, s. 4. 5. Any two or more societies or branches of a society may Different unite and form one society or branch for the purpose of erect- t,?anchfs°'' ing buildings for the use of the societies or branches and, if may unite 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 in such union, to be specially called for that purpose. No. 19 of 1891- 2, s. 5. 6. A person under the age of twenty -one years, elected or Liabmtv of admitted as a member of a society, or appointed to any office S|e™°^ ""'^*'' therein, shall be liable to the payment of fees and otherwise under the rules of the society as if he were of full age. No. 19 of 1891-2, s. 6. T. When under the rules of the society money of the society Benefits to becomes payable to or for the use or benefit of a member ™'^™*'^''^ thereof such money shall be free from all claims by the credi- Exemption tors of such member ; and when on the death of a member of^^relit^s a society any sum of money becomes payable under the rules of the society, the same shall be paid hy the treasurer or other officer of the society to the person or persons entitled under the rules thereof or shall be applied by the society as may be pro- vided by such rules ; and such money shall be, to the extent of $2,000, free from all claims by the personal representative or creditors of the deceased ; and in case any sum is paid in good Payment in faith to the person who appears to the treasurer or other officer ^°ong-*pers'on to be entitled to receive the same, or i.s applied in good faith for the purposes by the rules provided, no action shall be brought against the society or such treasurer or officer in respect thereof ; but nevertheless if it subsequently appears that such money has been paid to the wrong person the person entitled thereto may recover the amount with interest from the person virho has wrongfully received it. No. 19 of 1891-2, s. 7. 8. No society or branch incorporated under this Ordinance Powers of shall be entitled to acquire or hold as purchasers or otherwise hoiSnglanls any lands or tenements or any interests therein exceeding in the whole at any one time the annual value of $5,000 nor shall the society or branch be entitled to purchase land except for the actual use and occupation of the society for the purposes of the society. No. 19 of 1891-2, s. 8. 9. Any such society or branch may from time to time take Powers as to by gift, devise or bequest, any lands or tenements or any in-**^ mgan 525 3 Cap. 66 BENEVOLENT SOCIETIES C. 0. retaining terests therein, provided such gift, devise or bequest is made deviBe'or*''"' ^* ^^ast six months before the death of the person making the bequest 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 occupation of the society or branch, shall be held by the society or branch for a longer period than seven years after the acquisition thereof, and with- in such period the same shall be absolutely disposed of by the society or branch ; and the society or branch shall have power within such period, in the name of the society or branch, to grant and convey the said lands and tenements to any pur- chaser so that the society or branch no longer retains any interest therein ; and the proceeds on such disposition shall be invested in public securities, municipal debentures or other approved securities, not including mortgages on land, for the use of the society or branch ; and lands, tenements or interests therein required by this Ordinance to be sold or dispostd 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. No. .19 of 1891-2, s. 9. Powers to sell, 10. Any , Society may in pursuance of a resolution assented iands^*^^^' "^ "■' to by a majority of the members present at a general meeting ,speeiall3' called for that purpose, of which public notice shall be given in the manner provided by the bylaws, mortgage, sell, exchange or lease any lands of the society. No. 19 of 1891-2, s. 10. Copy of 1 *• A copy of the declaration under the second section of fncorporilSo'n *^^^® Ordinance certified by the registrar of the said Supreme to be. evidence Court or his deputy to be a true copy shall be prima facie evidence of the facts alleged in the declaration and of the due making, signing and filing of the declaration as mentioned in the certificate ; and a copy of the declaration with a certificate of the said registrar or his deputy showing the particulars necessary for creating a corporation under this Ordinance, shall be prima facie evidence that the society or branch is an incorporated society or branch under this Ordinance. No. 1 9 of 1891-2, s. 11. Defects in 13. No defect of form in the certificate of the judge or in °'^"^ the proceedings to which the certificate of the judge relates shall affect the validity of the incorporation. No. 19 of 1891- 2, s. 12. 526 1898 BENEVOLENT SOCIETIES Cap. 66 4 1 3. To faeilitate the proof of a society or branch being an certifloate of incorporated society or branch under this Ordinance and to its'^eScts'''""' prevent any future question as to the same, the society or as evidence branch after the same has become incorporated as aforesaid, shall be entitled (if the society or branch thinks fit) to receive a certificate of such incorporation in manner hereinafter men- tioned ; and a certificate so obtained shall be final and conclus- ive evidence of the society or branch being an incorporation under this Ordinance unless the certificate on the order or de- cision of the Court granting or authorising the same is reversed or set aside by some direct proceeding taken for the purpose ; and the proceedings for the purpose of obtaining the certificate may be as follows : 1. The application for the certificate may be made by the AppUcation society or branch to a judge of the Supreme Court of the °^ "'"'*' ™ " North- West Territories. 2. The application shall be supported by satisfactory evi- Evidence dence that the society or branch is a society or branch within '^•'«™°" the true intent and meaning of this Ordinance ; that the pi'o- ceedings necessary for incorporation have been duly taken ; that four weeks' notice of the intention to apply for a certifi- cate has been given to the Lieutenant Governor of the Terri- tories ; and that a like notice has been published for four weeks in The North- West Territories Gazette ; and if the judge is not satisfied with the evidence offered of these particulars in the first instance he ma^' instead of dismissing the application give an opportunity or opportunities for producing further evidence; and if there is any defect in the proceedings taken to obtain incorporation the judge may permit the same to be supplied and he may in all cases require from time to time any further publication to take place, and any other notice to be mailed, served or given which he deems necessary. 3. When the judge is satisfied that the society or branch is issue of entitled to the certificate, the certificate may be issued by lY^Q'"^^'^^''^^<' 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 en- titled to receive a certificate to the same effect sealed and signed ^ as aforesaid ; which certificate or counterpart thereof shall be final and conclusive as hereinbefore mentioned. 4. The judges of the Supreme Court of the North-West Costs and Territories shall have power to regulate the practice and costs'"''"'''''^ in such cases. No. 19 of 1891-2, s. 13. 14. It shall be the duty of the corporation when thereunto Society to required by the Lieutenant Governor in Council or by the statement of Legislative Assembly to furnish a statement of the real pro - ''^*^' p™p®'''5' perty and of the estates therein held by the society and to give such details thereof as the Lieutenant Governor in Council or the Legislative Assembly may from time to time require. No, 19 of 1891-2, s. 14. .527 Change of uame, etc., of society Order to be filed Rights and obligations of society not affected Cap. 66 JiENE\'OLENT SOCIETIES CO. 1 5. When a society incorporated under the provisions of this Ordinance is desirous of chanpng its name or of changing any of the purposes contained in the original certificate or de- claration of incorporation, a judge of the Supreme Court upon being satisfied that the change desired is not for an improper purpose and is not otherwise objectionable, may make an order reciting the certificate and declaration of incorporation and making the change desired. (2) Such order shall be filed in the office in wliich the certi- ficate and declaration were filed and a copy of the order certi- fied by the registrar of the Supreme Court at Regina or his deputy to be a true copy of the order filed in the said office shall be prima facie evidence of the change having been made as therein set forth. (3) No change under the next preceding two subsections shall affisct the rights or obligations of the society and all actions or proceedings commenced by or against the society prior to the change of name may be proceeded with by or against the society under its former name. No. 19 of 1(391-2, s. 15. Forms I (». In case the Lieutenant Governor in Council adopts or approves of any forms for any of the proceedings under this Ordinance and the order adopting or approving of the same is, with the forms, printed in The NortJi-West Territories Gazette such forms shall be as effectual for the purposes mentioned in this Ordinance or in the Order in Council as if the said forms had been inserted in this Ordinance. No. 19 of 1891-2, s. 16. SCHEDULE. Ordinances for purposes not intended by this Ordinance : 1. Chapter 38 of The Consolidated Ordinances. 2. Chapter 45 of The Consolidated Ordinances. 3. Chapter 61 of The Consolidated Ordinances. 4. Chapter 65 of The Consolidated Ordinances. 5. Chapter 68 of The Consolidated Ordinances. 6. Chapter 69 of The Consolidated Ordinances. 528 CHAPTER 67. An Ordinance respecting Mechanics' and Literary Institutes. 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 Mechanics' «7icZ short title Literary Institutes Ordinance." No. 17 of 1890, s. 1. ORGANISATION AND OBJECTS OF INSTITUTES. 3. A mechanics' and literary institute shall be held to have Mode of been organised under the provisions of this Ordinance when- "''^^"^^^ ^°" ever thirty persons resident in any town or village incor- porated or otherwise or in any township or two townships contiguous in either of which there is not already organised an institute under this Ordinance have signed a declaration setting out the amounts subscribed by each and naming the place where the institute purposes to carry on its objects and forwarded the same to the Territorial secretary with an ac- companying certificate signed by one of the subscribers and verilied before any person authorised to administer oaths or affidavits to be used in the Supreme Court of the Territories, such decbiration and certificate to be in form A in the schedule hereto. No. 17 of 1890, s. 2 ; No. 35 of 1892, s. 12 ; No. 38 of 1897, s. 37 (1). S. Upon the Lieutenant Governor in Council approving the Election of organisation of the proposed institute the party making the ° certificate accompanying the same or in his absence any one appointed by the Territorial secretary shall call a meeting for the election of the various officers by public notice specifying the time and place of meeting published for two weeks in the nearest newspaper or posted in five conspicuous public places in the town, village or township as the case may be at least fifteen days before the time fixed for holding such meeting. Such meeting shall be held in the town, village or township or one of the townships where the institute intends prosecut- ing the objects for which the same has been organised. (2) The officers to be elected at such meeting shall be a president, vice president, secretary-treasurer, auditor and not less than five directors and the persons entitled to vote at such meeting shall be members. No. l7 of 1890, s. 3 ; No._,,38 of 1897, s. 37 (2). 4. Any person may become a member of a mechanics' and Ammai literary institute organised under this Ordinance by paying to ™^^«"p^i°" 34 529 Ciijj. fi' MECHANICS INSTITUTES c. u. the treasurer thereof yearly the sum of SI which shall be held to be due on the first day of each calendar year. No. 17 of 1890, s. 4 ; No. 38 of 1897, s. 37 (3). Purpose 5« The objects of institutes organised under this Ordinance shall be to encourage mechanics, manufactures and arts gener- ally: (a) By having evening classes organised for the imparting of practical instruction to its pupils ; (b) By establishing a library of books on one or more of the following subjects, viz.: mechanics, manufactures, agriculture, horticulture, philosophy, science, the fine and decorative arts, history, travels, poetiy, biography and fiction ; (c) Establishing a reading room. No. 17 of 1890, s. 5. Annual meeting 6. The annual meeting of every institute shall be held in the month of October in each year on the call of the president who shall give eight days notice thereof by circular addressed and posted prepaid to each member of the institute or by public notice published in the nearest newspaper or by posting it in five conspicuous places as provided in section 3 hereof when there .shall be elected a president, vice president, a secre- tary-treasurer and not less than five directors and an auditor. (2) If the president refuses or omits to call such meeting as herein provided the same may be called by the vice president or any three members for any time during the month of November. No. 17 of 1890, s. 6 ; No. 38 of 1897, s. 37 (4). Voting, etc.. 1. Nc person .shall vote or take part in any annual or othei- meeting of any institute who has not at the time of such meet- ing paid up all subscriptions due by him to the said institute No. 3.S of 1897, s. 37 (5). Meeting of officers How called 8. A meeting of the officers shall be called by written notice delivered or mailed to each officer given bj' authority of the president or in his absence the vice president or at the request of any three officers at least five days before the day appointed and at any such meeting four shall be a quorum. No 17 of 1890, s. 7. Annual report 9. The officers of an institute shall pre.sent at the annual meeting a report of their proceedings during the year in which shall be stated : (a) The names of the members of the institute ; (b) The amount paid by each set opposite his name ; (c) The classes organised ; {d) A list of books purchased ; (e) A list of neAVspapers and periodicals on file ; together with, r)30 1898 mechanics' institutes Cap. 67 3 (/) Such remarks on the progress of the organisation and use to which it has been pat as the directors are en- abled to offer. No. 17 of 1890, s. 8. 10. There shall also be presented at the annual meeting a Financial detaileil statement oC the receipts and disbursements of the |,e^audfted*° institute during the year which said statement shall be audited by the auditor in that behalf before being submitted to the said meeting. No. 17 of 1890, s. 9. 11. The said report and statement if approved by the Certified copy meeting shall be entered in the journals of the institute keptreporttobe for such purpose and signed by the president or vice-president ^™*.'j°^., as being a correct entry and a true copy thereof certified by secretary the president and secretary for the time being sliall be forward- ed to the Territorial secretary within one month from the date of such meeting. No. 17 of 1890, s. 10 ; No. 38 of 1897, s. 37 (6). I'Z, The officers shall give such information as in their officers to power lies that the Territorial secretary may from time to timefQ(oj.iiiation require touching the interest and condition of the objects of the organisation in their locality. No. 17 of 1890, s. 11 ; No. 38 of 1897, s. 37 (7). 13. The funds of the institute however derived may be ex- Application pended for any object not inconsistent with those authorised °' ^"""^^ by this Ordinance ; provided that not more than one quarter of the amount received shall be expended for the purpose of a reading room. No. 17 of 1890, s. 12. 14. Each institute formed under this Ordinance shall be ainstitute to be corporation with a corporate seal under the name of " The ^ ''°'^Poi'^*i°" Mechanics' and Literary Institute of (inserting the distinguishirg name of the institute) and shall Powers have power to acquire, hold, sell, mortgage, lease or otherwise dispose of or encumber real estate and other properties real and personal. No. 17 of 1890, s. 14. SCHEDULE. FORM A. We, the undersigned, respectively residing in the (town, vil- lage, township or townships, and if the latter give the range) of in the district of agree to form ourselves into an institute under the provisions of The Mechanics' and Literary Institutes Ordinance, under the name of "The Mechanics' and Literary Institute of and we respectively promise to pay to the treasurer of the said 34J 531 ' Cap. 67 MECHANICS INSTITUTES C. 0. institute annually as long as we continue members thereof, the sums set opposite our respective names and to conform our- selves to the bylaws and regulations of the said institute and we hereby state that we purpose carrying on the objects of our organisation at the town (or village) of {or on the quarter of Section Township Range West Meridian). I of • one of the sub.scribers to the above declaration hereby certify that the sum of at least one dollar has been paid by each of the above subscribers as his first annual subscription to the proposed mechanics' and literary institute of ; and that I hold on behalf of the said proposed institute the several amounts so paid. (Subscriber's signature.) I, the above named do solemnly declare that the facts set forth by me in the foregoing certificate signed by me are true ; and I make this solemn declaration con- scientiously believing it to be true and knowing that it is of the same force and efi'ect as if made under oath and by virtue of The Canada Evidence Act 1893. Declared before me at j this day of > 1 . J (Signature of officer receiving declaration.) (Subscriber's signature.) 532 CHAPTER 68. An Ordinance respecting Cemeteries. 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 " TheCeinetery Ordinance." short title R.O. c. 24, s. 1. INCORPORATION OF COMPANIES. 2. All companies formed under the provisions of chapter Continuation 24 of The Revised Ordinances 1888, \ntit\-AeA: An Ordinance"^ '^'^'^''''''"' to incorporate Companies for the Establishment of Cemeteries, or of any amendment thereto, in existence as such are hereby continued as bodies politic and corporate and they shall be subject to the provisions of this Ordinance. No. 23 of 1896, s. 9. 3. An}' number of persons not less than ten may form Conditions of themselves into a company for the purpose of establishing one '"'corporation or more public cemeteries outside the limits of any town or village or within such limits if permis.sion be given by bylaw of such town or village for such establishment within its limits, who have — (a) Subscribed stock to an amount adequate to the pur- chase of the ground required for such cemetery ; and (b) Executed an instrument according to the form in the fifth section of this Ordinance contained ; and (c) Paid to the treasurer of tho proposed company twenty- five per cent, of the capital stock intended to be raised ; and (d) Deposited such instrument, or a duplicate thereof, to- gether with a receipt from the treasurer for the first instalment of twenty-five per cent., in the office of the Territorial secretary. R.O. c. 24, s. 2; No. 23 of 1896, ss. 1, 2 ; No. 38 of 1897, s. 38 (1, 2). 4. Notice of the formation of the proposed company shall Territorial be forthwith given by the Territorial secretary in the official roSeive''notice gazette setting forth the name of the said company and the °*^P^°PPf^«^f persons constituting the same and from and after the date of company the publication of such notice the persons therein named and their successors shall be a body corporate and politic under the name mentioned therein and as such body corporate and politic shall have all rights and be subject to all the liabilities of a corporation and shall have full power to acquire, hold and Powers alienate both real and personal estate for all the purposes of the company. No. 23 of 1896, s. 2 ; No. 38 of 1897, s. 38 (3). Cap. 68 CEMETERIES CO. Form of instrument 5. The instrument referred to in section 3 of this Ordi- nance may be in the form following : " Be it remembered that on this day of in the year of Our Lord one thousand we the undersigned shareholders met at in the North- West Territories and resolved to form ourselves into a cemetery company to be called The Cemetery Company under the provisions of The Cemetery Ordinance ; and we do hereby agree that the capital stock of the said com- pany shall be dollars to be divided into shares of dollars each entitling the holder to one hundred superhcial feet ; and we the undersigned shareholders do here- by agree to accept and take the number of shares set by us opposite our respective signatures ; and we do hereby agree to pay the calls thereon according to the provisions of the said Ordinance and the rules and regulations and bylaws of the company to be made in that behalf. NAME. AMOUNT. RO. c. 24, s. 4. TRUSTEES OF EELIGIOUS BODIES. Continuation of trustees 6. Trustees appointed under the provisions of Ordinance No. 5 of 1892 intituled : An Ordinance respecting the Holding of Cemeteries in Trust for Religious Bodies and in existence at the time of the coming into force hereof are hereby continued and shall be subject to the provisions of this Ordinance aifect- ing trustees appointed hereunder. Ko. 5 of 1892. Organisation of board of trustees 1. When any one or more religious societies or congrega- tions in the Territories desire to take a conveyance or transfer of land for the purpose of establishing a cemetery for the use of such society or congregation or for the use in common of .■5uch societies or congregations such society or congregation or societies or congregations, as the case may be, may appoint trustees to whom and their successors to be appointed in such manner and subject to such regulations as may be specified in the deed of conveyance or transfer, the land requisite for the purpose aforesaid may be conveyed and such trustees and their successors in perpetual succession by the name expressed in the 534 1898 PEMETERIES Cap. 68 8 deed may take, hold and possess the hmd aud maintain and de- fend all actions or suits for the protection thereof or of their property therein : Provided that such land shall not be within the limits of a Land to be town unless permission be given bj'' bylaw of the said town f or "^^'""^^ *°'^" such establishment within the limits. No 5 of 1892, s. 1 ; No. 25 of 1898, ss. 1, 3. 8. If the deed of conveyance or transfer of such land does Appointment not specify the manner in which the successors to the trustees "^ (p„gf|g°''^ therein named are to be appointed the society or congregation or societies or congregations for whose use such land is held may enter into an agreement with each other in writing in such manner as may seem to them best and such agreement shall specify the manner in which the successors of the trustees for the term then being are to be appointed and such agree- ment indoj'sed on or annexed to a certified copy of the transfer or deed of conveyance under which the land is held for the use of the said society or congregation or societies or congregations and signed by the accredited agents of such society or congre- gation or societies or congregations shall govern and regulate the manner in which the successors of the trustees named in the original grant, conveyance or transfer shall be appointed and the regulations to which they shall be subject. No. -5 of 1892, s. 1 (1); No. 25 of 1898, s. 1. 9. Such trustees shall within twelve months after the exe- Transfer of cution of the deed of conveyance or transfer cause the deed or }.egfgtered transfer to be registered in the land titles office of the land registration district within which the land is situated, other- wise the said deed shall be void. No. 5 of 1892, s. 2 ; No. 25 of 1898, s. 1. 10. The trustees and their succe.?sors shall thenceforth hold Purposes and convey the land for the purpose exclusively of a cemetery °* '^""^ or place for the burial of the dead. No. 5 of 1892, s. 3. PROVISIONS AFFECTING COMPAKIES. 1 1. From and out of the proceeds of the sales of burial sites interest on made by the company the company may pay to its share- ''^"^"''^'^°° holders who may not desire to take land in the cemetery to the full extent' of the stock subscribed and paid for by them interest on their paid up stock not represented by land in the cemetery at such rate as may be agreed on not exceeding eight per centum per annum and may also repay to such shareholders the amount of paid up stock held by them not represented by land in the cemetery. (2) Every such shareholder of the said company shall be Rights of taken to be a shareholder and shall be entitled to all the rights '''^^''^°^''^'" of shareholders in respect of the shares of the capital stock of the company held by him and fully paid up and which are not represented by land 'in the cemetery until such shares are repaid to him by the company ; and upon the repayment to him of Cap, 68 CEMETERIES CO. When no dividend payable any share he shall cease to be a shareholder in respect of such share. (3) Except as aforesaid no dividend or profit of any kind shall be paid by the company to any member thereof. R.O. c. 24, s. 17. Application of proceeds of sale Owner of lot a shareholder Qualification of directors 1 'i. Subject to the provisions in the preceding section con- tained one half of the proceeds of all sales of burial sites made by the company shall be first applied to the payment of the purchase money of the land acquired by the company and the residue to preserving, improving and embelli.shing the land as a cemetery and to the incidental expenses of the company; and after payment of the purchase money the proceeds of all future sales shall be applied to the preservation, improvement and em- bellishment of the cemetery and to the incidental expenses thereof, and to no other purpose whatever. R.O. c. 24, s. 18. 1 3. Every proprietor of a lot in the cemetery containing not less than one hundred superficial feet and who has paid twenty-five per cent, or more of the price of the lot shall be deemed a shareholder in the company and every .such lot shall be deemed a share in the company. RO. c. 24, s. 19. 14. Every shareholder who has paid to the company not less than ^5 in all on his share or shares shall be eligible as a director. R.O. c. 24, s. 20 ; No. 23 of 1896, s. 4. Size of lots Rights of owners 1 5. The company may sell a lot of any size, but no proprietor of a lot containing less than one hundred superficial feet shall thereby become a member of the company or have any vote in the management of the affairs thereof. R.O. c. 24, s. 21. Board of directors 10. The affairs and property of the company shall be managed by three directors, a majority of whom shall form a quorum. R.O. c. 24, s. 22 ; No. 23 of 1896, s. 5. Choice of directors n. The first directors shall be chosen by ballot from among the subscribers to the instrument creating the company : and thereafter the directors shall be annually elected by the share- holders on the first Monday in June in every year. R.O. c. 24, s. 23. Qualification of shareholders to vote 18. Upon every election of directors, including the first, every shareholder shall ha entitled to one vote for every share he holds or is possessed of up to ten and one vote for every five shares above ten ; but no shareholder shall vote unless he has paid at least 82 upon each share upon which he votes. R.O. c. 24, s. 24. President 1 J). The directors or a majority of them shall at their first meeting elect one of their number to be president of the com- pany and the president if present or, if he is not present, then some director chosen for the occasion shall preside at every meeting of the directors and shall not vote except in case of •dw .".36 1898 CEMETERIES Cap. 68 5 equality of votes when he shall have a casting vote. R.O. c. 24, s. 25. 30. The directors may also call for instalments on the snms Caiis on stock subscribed for and may appoint a time for the payment thereof and if the same are not then paid the right of the subscriber Forfeiture for and every instalment formerly paid shall be forfeited and he nonpayment 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. R.O. c. 24, s. 28. 5J S . The directors shall record in a book kept for the pur- Records pose, all their bylaws and proceedings, and every shareholder shall have access to such book for the purpose of searching and making extracts therefrom, without payment of any fee. RO. c. 24, s. 27 ; No. 23 of 1896, s. 6. 33. The directors may reserve for the exclusive use of any Exclusive religious society or congregation such part of the cemetery and ''®''™™'i°" upon such terms and conditions as may be agreed upon. No. 23 of 1896, s. 8. 33. The company shall furnish graves for strangers and Graves for for the poor of all denominations free of charge on the certi- andpoor^ 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. K.O. c. 24, s. 13. GENERAL PROVISIONS. 34. The company shall within two years from its incorpora- waiisand tion and the trustees shall within two j'ears from their ap- ^''nces pointment by walls or other fences inclose every part of the cemetery held by them. RO. c. 24, s. 5 ; No. 5 of 1892, s. 4. 35. The company or trustees as the case may be shall keep Repair of the cemetery and the buildings and fences thereof in complete^™"''''*'' repair and in good order and condition. R.O. c. 24, s. 6 ; No. 5 of 1892, s. 5. . sewers 36. The company or trustees as the case may be shall Drains and make all proper and necessary sewers and drains in and about p°"'°"° the cemetery for draining it and keeping it dry ; and they may, from time to time as occasion requires cause any such sewer or drain to open into an existing sewer with the consent in writing of the persons having the management of the street or road, and with the like consent of the owner or occupier of the land through which or part of which the opening is in- tended to be made doing as little damage as possible to the street, road or land wherein the same is made and restoring it to the same or as good condition as it was in before being dis- turbed. R.O. e. 24, s. 7 ; No. 5 of 1 892, s. 6. 537 Cap. 6S CEMETERIES c. o. Penalty for fouling water 'il. If the company or trustees as the case may be at any time cause or suffer to be brought to or to flow in any river, spring, well, stream, canal, reservoir, aqueduct, pond or watering place any olfensive matter from the cemetery whereby the water is fouled the company or trustees as the case may be- shall forfeit for every such offence S500. R.O. c. 24, s. 8 : No. 5 of 1892, s. 7. Suit for penalty Limitation of action 38. The said penalty with full costs of suit may bj' a civil action in any courb of competent jurisdiction, be recovered by any person having a right to use the water ; but the penalty and costs shall not be recoverable unless sued for during the continuance of the offence or within six months after it has ceased. R.O. c. 24, s. 9 : No. 5 of 1892, s. 8. Further penalty 29. In addition to the penalty of $500 (and whether the same has been recovered or not) any person having a right to use the water may sue the company or trustees as the case may 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 SlO 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. R.O. c. 24, s. 10 ; No. 6 of 1892, s. 9. No grave near buildings 30. No body shall be buried in a vault or other space under any chapel or other building in the cemetery nor within fifteen feet of the outer wall of any such chapel or building. R.O. c. 24, s. 11 ; No. 5 of 1892, s. 10. Proper conduct of funerals 31. The company or trustees as the case may be shall make regulations to ensure all burials within the cemetery being conducted in a decent and solemn manner. R.O. c. 24, s. 12 ; No. 5 of 1892, s. 11. Exemption from taxes 33. The real estate of the company or trustees and the lots or plots when conveyed by the company or trustees to indi- vidual proprietors for burial sites shall be exempt from taxation of any kind and shall not be liable to be seized or sold under execution. R.O. c. 24, s. 14 ; No. 5 of 1892, s. 12. Bylaws 33. The directors of the company may pass bylaws and the trustees may frame regulations for the Iiying out, selling and management of the cemetery and for regulating the erection of tombs, monuments and gravestones therein ; and the directors of the company may pass bylaws empowering the president to execute conveyances of plots to shareholders. R.O. c. 24 s. 26 ■ No. 5 of 1892, s. 15. Record of regulations and burials 34. The directors shall keep a record of the bylaws and the trustees shall keep a record of the regulations referred to in the next preceding section and the directors and tru.stees re- o3S 1898 CEMETERIES Cap. 68 spectively shall also keep a separate record of all burials show- ing name, age, occupation and date of burial of all persons buried within the cemetery and in case they cannot get all the particulars a note of such must be made in the margin and every person shall have access to such last mentioned record for the purpose of searching and making extracts therefrom without payment of any fee. No. 5 of 1892, s. 16. 35. Any person who in a cemetery established under this Penalties Ordinance : (a) Plays any game or sport ; or (b) Discharges fire arms (save at a military funeral) ; or who (c) Commits a nuisance therein ; shall on summary conviction thereof be liable to a fine not ex- ceeding $100 and costs of prosecution., R.O. c. 24, s. 30 ; No. 6 of 1892, s. 18. JJC The trustees shall be personally liablefor any judgment Liawuty of recovered against them as trustees. No. o of 1892, s. 17. trustees 539 CHAPTER 69. An Ordinance respecting Agricultiu-al Societies. 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. This Ordinance may be cited as " The AgricvMural Societies Ordinance!' No. 20 of 1892, s. L ORGANISATION. Organisation 'i. An agricultural society shall be held to be organised of societies ^jj^jg,. \][^q provisions of this Ordinance whenever fifty persons over eighteen years of age have signed a declaration naming a place where the meetings of the societj- shall be held and for- warded the same to the commissioner of agriculture with an accompanying certificate signed by one of the subscribers and verified by a statutory drclaration before any person autho- rised to administer oaths or take affidavits to be used in the Sujjreme Court of the Territories ; such declaration and certi- ficate to be in form A in the schedule liereto : Provided always that the applicants shall be residents of the Territories who have not already signed any declaration for the establishment of an existing agricultural society under this or any other Ordinance. No. 20 of 1892, s. 2 : No. 38 of 1897, s. 39 (1) ; No. 40 of 1898, s. 5. First election 3. Upon the Commissioner of agriculture acknowledging of officers ^^^ receipt of a declaration as aforesaid expres.sing his approval of the organisation of the proposed agricultural society the party making the certificate accompanying the same or in his absence any one appointed by the commissioner of agriculture shall call a meeting for the election of the various officers by public notice published for two weeks in the nearest news- paper or posted in five conspicuous places near where the meeting is to be held at least fifteen days before the time fixed for holding such meeting and it shall be held in a central and convenient place. (•() The officers to be elected at such meeting shall be a nrcsident, two vice presidents, an auditor and not less than seven directors. No. 20 of 1892, s. 3 ; No. 38 of 1897, s. 39 (2). Annual fee 4. Any person may become a member of an agricultural society organised under this Ordinance by paying to the trea- surer thereof yearly the sum of $1. No. 20 of 1892, s. 4. 540 / 1898 AGRICULTUBAL SOCIETIES Cap. 69 OBJECTS. 5. The object of societies organised under this Ordinance objects of shall be to encourage improvement in agriculture : societies {a) By importing or otherwise procuring seeds, plants and animals of new and valuable kinds ; (6) By awarding prizes for excellence in the raising or in- troduction of stock, the invention or improvement of agricul- tural implenaents or machines, the production of grain and all kinds of vegetables, plants, flowers and fruits, home manufac- tures and works of art and generally for excellence in any agricultural production or operation ; (c) By offering prizes for essays on questions of scientific inquiry relating to agriculture and the best systems of pro- tection against prairie fires ; (d) By holding meetings for the discussion of and hearing lectures on subjects connected with the theory and practice of improved husbandry or other industrial purposes ; (e) By taking such steps as may be considered necessary to prevent the spread of noxious weeds. No. 20 of 1892, s. 5 ; No. 27 of 1894, s. 3; No. 19 of 1895. 6. The funds of the society however derived may be ex- Expenditure pended for any object not inconsistent with those hereby °* ^""^^ authorised. No. 20 of 1892, s. 6. ANNUAL AND OTHER MEETINGS. DUTIES OF OFFICERS. t. The annual meeting of every society shall be held during Annual the months of January, Februar}' or March in each year on the ™«<^tiis call of the president who shall give eight days' written or printed public notice thereof, the place of meeting having been previously fixed at a meeting of the directors, when there shall procedm-e be elected a president, two vice presidents and not less than *''®'"''^' seven directors and an auditor and the place for holding the the annual exhibition shall be also then decided and the per- sons entitled to vote at such meeting shall be paid up members for the ensuing year. (a) The notice of meeting provided in this section shall be How called given by publishing the same in the nearest newspaper or by posting it in five conspicuous places near the place of meeting one of which shall be the post office if there is one within the district. No. 20 of 1892, s. 7 ; No. 40 of 1898, s. 5. 8. A meeting of the ofiicers shall be held at the close of the Appointment annual meeting for the appointment of a secretary treasurer or "y^^^^^-^^er a secretary and treasurer. No. 20 of 1892, s. 7 (1). 9. Every treasurer shall before entering upon his duties as Treasurer to such give security to the directors by a bond .signed and ac- *^''^^ ^'"''^"^^ knowledged before a magistrate and such security shall be given by at least two solvent sureties jnintly and severally to the 041 Cap. G!) AGRICULTURAL SOCIETIES C. 0. satisfaction of the board of directors and to the amount of any moneys for which the treasurer may at times be responsible whether arising from the society's funds or from any particular contribution or donation paid into his hands for the support or benefit of the society, and such security shall be renewed at the beginning of each year or renewed at other times or changed whenever renewal or change is required by the board of di - rectors. Such bond may be in form C in the schedule hereto and shall be forwarded immediately to the commissioner of agriculture. No. 20 of 1892, s. 7 ; No. 11 of 1893, s. 1 ; No. 38 of 1897, s. 39 (3). Audit Meetings of officers Annual report required 10. It shall be the duty of the secretary treasurer or treas- urer to hand over all books of account and prize lists if any to the auditor for the purpose of audit at least ten daj's previous to the annual meeting. No. 20 of 1892, s. 7 ; No. 11 of 1893, s. 2 ; No. 38 of 1897, s. 39 (4). 1 1. Meetings of officers shall be held pursuant to adjourn- ment or called by written notice given by authority of the president or in his absence of the .senior vice president at least ten days before the day appointed and at any meeting five shall be a quorum. No. 20 of 1892, s. 8. 13. The officers and directors shall in addition to the ordi- nary duties of management cause to be prepared and present at the annual meeting a report in which shall be stated the names of all members of the society with the amount paid by each set opposite his name, a balance sheet showing the financial .stand- ing of the society for the past j^ear, such balance sheet to be in form B in the schedule hereto, together with such remarks and suggestions upon agriculture in the district as the directors are enabled to oflfer. No. 20 of 1892, s. 9. Copy of report and prize list to be sent to commissioner Detailed statement of income 1 3. The said report and statement if approved by the meeting .shall be entered in the society's journal kept for such purpose and signed by the president or in his absence by the vice president as being a correct entry ; and a true copy there- of certified by the president and secretary for tlie time being together with a copy of the society's prize list if any shall be sent to the commissioner of agriculture on or before the fif- teenth day of April next following 5uch meeting. No. 20 of 1892, s. 10 ; No. 38 of 1897, s. 39 (5). 1 4. The secretary treasurer of each agricultural society shall on or before the 20th day of October in each year trans- mit to the commi.s.sioner of agriculture a .statement verified by statutory declaration showing in detail the cash receipts of the society from all sources and any action taken by the society under the provisions of section 5 of this Ordinance. No 27 of 1894, s. 1 ; No. 38 of 1897, s. 39 (6). Grants, how apportioned GRANTS IN AID OF SOCIETIES. 1 5. The Territorial treasurer shall apportion amono- the 543 1898 AGRICULTURAL SOCIETIES Cap. 69 4 societies whose statements have been transmitted as provided in the last preceding section and received by the commissioner of agriculture on or before the thirtieth day of November next following, the grant made by the Legislative Assembly for agricultural societies in aniounts equal to the fees paid by the members as shown in the financial statement : Provided that the amount paid to any one society shall not exceed $150. No. 27 of 1894, .s. 2 ; No. 38 of 1897, s. 39 (7). 16. In case the grant made by the Legislative Assembly insufficiency shall not be sufficient to cover the total amount of such appor- °' ^'*°* tionment the apportionment shall be made pro rata on the same basis. No. 27 of 1894, s. 2 (1). 1 7. No society shall participate in the apportionment which Grant has not at least fiftv bona fide members. No. 27 of 1894, s. 2, ™''"*''''"'«"' (2) ; No. 38 of 1897^ s. 39 (8) ; No. 40 of 1898, s. 5. REPORTS TO DEPARTMENT OF AGRICULTURE. 18. The said officers and directors shall answer and give information to such information as the commissioner of agriculture may from ® ™^^ '^ time to time require touching the interest or condition of agri- culture in their districts. No. 20 of 1892, s. 11 ; No. 40 of 1898, s. 5. SOCIETIES BODIES CORPORATE. 19. Each society formed under this Ordinance shall be a Society a corporation with a corporate seal under the name of " The''°''P'"^*^*'°" Agricultural Society of (imsertinr/ the name of the society)" and^®^' shall have power to acquire, hold, sell, mortgage, lease or other- wise dispose of or encumber real estate and other properties society real and personal. No. 20 of 1892, s. 12. 543 Declaration as to organisation Cap. 69 AGRICULTUIUL SOCIETIES C. 0. SCHEDULE. FORM A. We, the undersigned, each being resident within the Terri- tories and over eighteen years of age, agree to form ourselves into a society under the provisions of The Agricultural Socie- ties Ordinance under the name of {name of society) and v^re respectively promise to pay to the treasurer of thu said society annually as long as •w& continue members thereof the sums set opposite our respective names and to conform ourselves to the bylaws and regulations of the said society ; And we hereby name {specifying the place) as the place where the meetings of the society shall be held ; And we hereby state that we have not previously signed any declaration for the establishment of an existing agricultural society under the said Ordinance or any other Ordinance. NAME. SUBSCEIPTION. Certificate I, of one of the subscribers to the above declaration hereby certify that the sum of at least Si has been paid by each (if the above subscribers as his first annual subscription to the proposed agricultural society of {insert wtme of society) ; and that I hold on beh.ilf of the said pi'oposed society the several amounts so paid. (Signatv^re of subsoriher.) Declaration of truth of certificate I {name of pei'son signing the certificate) above named do solemnly declare that the facts set forth in the aforegoing cer- tificate are true and I make this solemn declaration conscien- tiously believing it to be true and knowing that it is of the same force and eflfect as if made under oath and by virtue of The Canad.a Evidence Act 189-1. Declared before me at in the North-West Territories this day of AD. 1 544, 1 V {Signature of subscriber.) J 1898 AGEICULTURAL SOCIETIES Cap. 69 FORM B. Balance sheet of the agricultural society Balance sheet for the twelve months ended olst December, 1 Date. Receipts. $ cts. Date. Expenditure. $ cts. We, the undersigned, auditors duly appointed by the agricultural society under the provisions of the Ordinance in that behalf, hereby certify that we have duly examined every item of receipt and expenditure of the aforementioned society for the twelve months ended 31st December, 1 , as shown in the account books of the said society and have found the same to be correct in every particular ; and the foregoing statement is a true abstract thereof. Auditor. Secretary-Treasurer. 35 545 7 Cajj. 69 AGRICULTURAL SOCIETIES C. 0. FORM C. Form of Bond to be Given by Treasurer. Treasurers Know all men by these presents that A. B., Treasurer of {here insert name of the ar/ricultural society in full), 0. D., of and E. F., of , are held and firmly bound unto the directors of the said society or to their successors, in the penal sum of dollars, to be well and truly paid to the said directors or their successors for which payment we bind ourselves and each of us respectively binds himself and his respective heirs, execu- tors and administrators firmly by these presents. Dated this day of 1 The condition of the above bond or obligation is such that if the above bounden , his heirs, executors and administrators do and shall well and truly account for and remit to the directors of the said .society all moneys belonginj;' to such society coming into his hands without an}^ deduction, defalcation or abatement whatsoever then the said bond or obligation to be void otherwise to be and to remain in full force and virtue. Signed, sealed, etc., etc. 546 CHAPTER 70. An Ordinance respecting Municipalties. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : SHOUT TITLE. 1. This Ordinance may be cited as "The Alunicipal Or- sbort title dinance." No. 8 of 1897, s. 1. INTERPRETATION. 3. Unless otherwise declared or indicated by the context, interpretation whenever any of the following expressions occur in this Qr-"''"^^®^ dinance the meanings hereinafter expressed shall attach to the same, namely : 1. "Municipality" means any locality the inhabitants of"Muriici- which are incorporated a rural municipality or town ; '*' ' i. " Council " means the municipal council ; ■Council' 3. " Mayor " means the head of the council of a town muni- ||Mayor'' cipality and "ree-.-e " means the head of the council of a rural ^°^^''^ municipality or the person filling for the time being the position of mayor or reeve ; 4. "Land," " real property " and " real estate " respectively "Land," eic. shall include all buildings or other things erected upon or affixed to the land and all machinery or other thiiijiS so fised to any buildings as to form in law part of the realty and all mines, minerals, quarries, fossils in aiid under the same except mines belonging to Her Majesty ; 5. "Personal estate" and "personal property" include air'Personai^ 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 "Elector- to vote at any municipal election or in respect of any hj.law in the municipality or polling subdivision as the case may be ; 7 "Owner" or " procrietor '' means any person who has the "Owner" ownership or use of any taxable property or has an agreement for purchase of the same ; 8. "Householder" means the occupier of a house but shall "Householder" not mean or include any person who is a mere lodger or boarder in a house ; 9. "Occupant" means a person who possesses, holds or oc- "o.-.-upanf cupies any land under any title whatsoever or even without Sol ■'^'^ Cap. 70 MUNICIPAL CO. 'Lot' "Revised assessment roll " "Taxable person " 'Judge" ' Highway " ' Road " ' Bridge " ' Drainage " "Re.9ident" title or is occupying land? of the Crown under any style of location, agreement or tenure whatever ; 10. " Lot" means one of the subdivisions into which a piece 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 finally passed by the court of revision and certified by the 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 — (a) Any person receiving an annual income or the owner of any personal property not exempted from taxation; (6) 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 North-West Territories ; 14. " Highway," " road" or " bridge" means a public highway, road or bridge respectively ; 15. " Drainage" shall be held to include and to have always included sewerage and sewage ; ] 6. " Resident" shall mean a person residing within the limits of the municipality. No. 8 of 1897, s. 2 ; No. 26 of 1898, s. 1 a, 2). 54<'S 1898 MUNICIPAL Cap. 70 3 Part I. Municipal Oi'ganisation. THE BODY CORPOliATE. 3. Every municipality in the North- West Territories is here- General rights by declared a body corporate and subject to all the liabilities o§{}gations of of a corporation with full power to acquire, hold and alienate municipalities both real and personal estate for all municipal purposes 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 thsy 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, dispobing 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 aifairs of the said municipality. No. 8 of 1897, s. 3 ; No. 26 of 1898, s. 1(3). 4. The head and members of the council and the officers. Existing bylaws, contracts, property, assets and liabilities of every ^^"^'J.'g'; g^^^ municipal corporation when this Ordinance takes effect shall contimied^ be deemed the head and members of the council and all by- laws, contracts, property, assets and liabilities of such council or municipal corporation shall be subject to the provisions of this Ordinance. No. 8 of 1897, s. 4 ; No. 26 of 1898, s. 1 (4). 5. In the case of towns the name of the body corporate shall Town be " The Town of {naming tJie Mme)." No. 8 of 1897, s. 5. municipalities 6. In the case of rural municipalities the name of the body Rural corporate shall be " The municipality of (naming the same)."™™'=>P'^"*'*"' No. 8 of 1897, s. 6. 7. The council of every town shall consist of the mayor, Town councils who shall be the head thereof, and six councillors. No. 8 of 1897, s. 7. 8. The council of every rural municipality shall consist of Rural , „ .,, •' municipal a reeve and tour councillors. councils (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 sections 7 and 8 of this Ordinance. No. 8 of 1897, s. 8. ELECTIONS. 9. The persons eligible for election as mayors, reeves and Qualifications councillors shall be natural born or naturalised subjects of Her °* ™'"""'''' r>40 Cap. 70 MUXmiPAL c. o. reeves, oouncillovs Majesty and males of the full age of twenty-one yeara able to read and write, not subject to any disqualification under this Ordinance and qualified as follows : (a) In towns, being resident \vithin 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 freehold and partly leasehold real estute 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 $500, leasehold $1,500. (h) In rural municipalities, being resident within the munici- pality and the owner at the time of the election of real estate of not less than ij400 within the municipality rated in their own names on the last revised assessment roll of the munici- pality. No. 8 of 1897, ss. 9, 10, 11. Persons 10. Xo judge of any court of civil jurisdiction, no gaoler ?or''councifiors '-'^" deeper of any house of correction, no sheriff, deputy sherifi', sherift"s bailiff or constable in any town, no assessor, secretarjr-treasurer or other paid oflrcial of the municipality, no bailiff, no inspector of licenses, no person having by him- S(ilf or his partner an interest in any coiit)'act with or on be- half of the corporation or being indebted to the municipality, and no surety for an officer oi' an employee of the municipality, and no person who shall have been con\'icted of treason or an offense punishable with death or imprisonment for more than five years in any court of law within Her Majesty's dominions, shall be qualified to be a member of the council of any muni- cipality. (2) No person shall be held to be disqualified from being elected a member of the council of any municipality by reason of his being a shareholder in any incorporated comyjany hav- ing dealings or contracts with the council of such municipalitj- or by having a lease of twenty-one years or upwards of any property from the municipalitj^ ; but no such leaseholder shall vote in the council on any question aftecting any l^ase from the municipality and no such shareholder on any question affecting the company. No. 8 of 1897, s. 12 ; No. 26 of 1898 s. 1 (5).' Shareholders not flisqualifled Viitei-K' itst *'• "f'be secretary treasurer shall on or before the first day of September in each year prepare a voters' list which .shall be an alpliabetical list of electors and which shall comprise the names of those persons duly qualified to vote at municipal elections in the municipality and shall post the same in a con- spicuous place in his office ; such list shall contain opposite the name of each elector a short description of the real property in respect of whicli he is entitled to vote or if on personalty or income the words " personalt\ '" or " income" as the case maV be No. S of 1897, s. 50 ; No. 2(5 of 1898, s. 1 (13). Application I'i. Any person who has been resident in the municipnlitv ooO 1898 MUNICIPAL Cap. 70 •; in the then current year prior to the first day of July and who to be placed is otherwise duly qualified whose name does not appear on the «" voters' list voters' list or who is not assessed on the roll hig-h enough to be qualified as a voter or whose name is put down in eiror or whose name hixs been omitted from the last revised assessment roll (provided that the taxes are first paid on the property or income in respect of which he claims a vote) may either by himself or agent apply to have the list amended upon giving to the clerk a notice in the followina- 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 according to the facts) . {Signature of applicant) Applicant. Or {Name of applicant). Applicant bj' his agent. {Signature of agent). No. 8 of 1897, s. 5]. S3. If any person qualified as a voter on income has left Names to be the municipality or if a person has disposed of the property '^'^^"°^''^^ for which he was qualified as a voter under this Ordinance be- fore the first day of October in the then current year or if any person's name is wrongfully put down he shall be deemed dis- qualified as a voter and any person duly qualified may applj- to the council to have the name of the party so or otherwise disqualified struck off the votei's' list and the name of the proper party if any substituted therefor by notice to the sec- retary-treasurer of his intention of applying to the council for that purpose as provided in the preceding section. No. 8 of 1897, s. 62. 14. Notices served upon the secretary- treasurer under the Notice two preceding sections shall be served in each year on or be- fore the first day of November. No. 8 of 1897, s. 53. 15. On or before the fifth day of November the secretary- List for court treasurer shall make a list of all applicants for amendments to °' '■^^'®'"" the voters' list, stating names and grounds of each of such applications and shall post the same in a conspicuous place in his office and shall immediately thereafter notify the parties interested of the time and place fixed by the council for hear- ing such applications. No. 8 of 1897, s. 54. . revLsion 16. On or before the fifteenth day of Novernber in each Date of year the council of each municipality shall meet as a final court "^ of revision on the voters' list and shall hear and determine all applications of which notice has been given to the secretary- treasurer as hereinbefore provided and thereupon amend the voters' list in all cases provided for by sections 12 and 13 ool Cap. 70 MUNICIPAL C. 0. Court of revision 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. No. 8 of 1897, s. 55. 1 7. The council sitting as a final court of revision on the voters' list as aforesaid shall have all the powers and privileges conferred by this Ordinance upon the court of revision for the municipality sitting upon the assessment roll, as to the attend- ance of witnesses and the imposition and recovery of penalties and as to procedure. No. 8 of 1897, s. 56. Annual elections Qualification of voters Proviso as to nonpayment of taxes 18. The council shall at least one week prior to the last Monday in November, by bylaw, appoint a returning officer for the municipality, define the districts or subdivisions within the municipality (if such are deemed necessary) and the place or places where the votes are to be polled, and appoint a deputy returning ofiicer for each of the said places where such votes are to be polled. (2) The persons qualified to vote shall be the men, unmarried women and widows over twenty-one years of age who are as- sessed upon the last revised assessment roll of the municipa- lity 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 up- wards and whose names appear in the voters' list founded upon such roll : Provided always that a municipality may, by bylaw, declare that no person shall be entitled to vote who has not on or be- fore 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. No. 8 of 1897, s. 13. Defaulter's list 10. In the municipalities which have passed a bylaw under 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 alphabeti- cal list of the names of all persons who have not complied with th^. terms of any such bylaw, such list to be called "the default- ers' list." (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 secretary treasurer of the municipality showing that the taxes (in res- pect of which default has been made) have been paid ; and such ofiicer shall file such certificate, receive the vote and note the same on the defaulters' list. No. 8 of 1897, ss 14 15 ■ No. 26 of 1898, s. 1 (6, 7.) Oath of election officers 30. Every returning ofiicer, deputy returning officer, poll clerk, candidate or agent authorised to be present at any poll- ing place shall, before exercising any of the functions of such returning ofiicer, deputy returning officer, poll clerk, candidate or agent at any polling place, tnke and subscribe before a 552 1898 MUNICIPAL Cap. 70 : 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 tor whom an elector has voted. So help me God. No. 8 of 1597, s. 16. 31. The returning officer shall, by notice in form A in the Election schedule to this Ordinance, posted up in ten con.spicuous places °°'^'"' within the municipality and at least six days previous to sucli meeting, call a meeting of the electors within the same on the first Monday in December for the purpose of nominating can- didates for the offices of mayor or reeve and as many councillors as may be required for the term commencing on the first day of January next ensuing. No. 8 of 1897, s. 17. 23. At the time and place named in the notice the return- Nomination ing officer shall declare the meeting open for the purpose of p™"''^'^'"^*' receiving nominations and any person whose name appears on the last revised assessment roll may propose or second the nomination of any duly qualified persons to serve as mayor, reeve or councillor ; and the meeting shall remain open until noon when if the number of duly qualified persons nominated to serve as mayor, reeve or councillors for the municipality does not exceed the requisite number the returning officer shall declare the persons so nominated duly elected, as hereafter pro- vided : 1. As mayor or reeve for the ensuing year, the candidate Term of duly nominated for that office ; ''^"''"' 2. As councillor.s, at the first election the three candidates in town municipalities and the two candidates in rural munici- palities who shall have been first nominated shall be declared elected for the two years next ensuing and the three candi- dates in town municipalities 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 or Written councillor .shall be accompanied 1)y a written consent from ™"''"^" the person named in each nomination to accept the office if elected. No. 8 of 1897, s. 18 ; No. 26 of 1898, s. 1 (8). 33. In the event of more than the required number of such Pou declared persons being nominated for the municipality the returning officer shall declare that a poll will be held in such munici- pality and name the time (which shall be the same day of the week as the nomination in the next following week), the place •553 Cap. 70 .MUNICIPAL C. 0. and the deputy returning officer or deputy returning^ officers, as the case may he, appointed to hold the same and the time and place where the result of such poll shall be declared. No. 8 of 1897, s. 19. Election notices 34. Whenever a poll has to be taken the returniBf;; officer shall without any unreasonable delay after the nomination cause to be posted up in at least ten conspicuous places within the municipality a notice in form B in the schedule to this Or- dinance. No. 8 of 1897, s. 20. Candidates '^^^ -^^Y Candidate nominated may withdraw at any time may-withdraw j^f(;f;^, nomination and before the close of the poll on polling day by filing with the returning ofiicer 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. No. 8 of 1897, s. 21. Hours of polling 3C The poll shall be kept open from nine o'clock (standard timp) in the forenoon until five o'clock (standard time) in the afternoon of the .same day. No. 8 of 1897, s. 22. Agent of candidate f-JT. Any person producing to the deputy returning officer at any time a written authority to represent a candidate as agent at a polling place shall be recognized as such by the deputy re- turning officer. No. 8 of 1897, s. 2-3. Direction for voting Penalty for voting tyvace Evidence of voting 38. Every elector who is entitled to a votu in more than one polling 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-i-esident or is not entitled to vote in the poll- ing subdivision where he resides then where he first votes and there only. (2) Any person who votes for maj^or 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 sume in any court having jurisdiction where the ofTence was commit- ted and anj^ 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 ^^i't^/ia /'acie evidence that he has there and then voted. No. 8 of 1897, s. 24. Oaths *^^' At the request of any candidate or" his a.gent or of any elector the following oath .shall be administered to anj' person tendering his vote at such election : You do solemnly swear that you are the person named or purporting to be named by the name of on the voters' list now shown to you ; that you have not before 1898 MUNICIPAL Cap. 70 9 voted at this elec'ion ; and that you have not received or been promised any consideration whatsoever for voting at this elec- tion and (if the municipality lias ^jasscda hylaic requiring all persons to have paid their taxes to entitle them to vote) that you have paid all taxes in arrear due by you to the municipality of ; that you are of the full age of twenty one years ; (if a woman, that you are unmarried or a widow). No. 8 of 1897, s, 2.'). SO. Every deputy returning officer may by writing under Pou clerk his hand appoint a poll clerk who in the absence of such deputy aStieT^"^^ 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. No. 8 of 1897, s. 26. 31. The votes at all elections shall be given by ballot in Ballot ■manner hereinafter set forth. No. 8 of 1897, s. 27. S'i. Every ballot paper shall contain the names of the can- Form of ballot didates alphabetically arranged and all ballot papers t-hall be in form C in the schedule to this Ordinance. No. 8 of 1897, s. 28. 33. The returning officer shall procure or cause to be pro- R. o. shall 1 iiiTu ii 11- vj'"'" procure ballots cured as many ballot boxes as there are polling subdivisions mandboxef? the municipality and cause to be printed a sufficient number of ballot papers for the purposes of the election. No. 8 of 1897, s. 29. 34. The returning officer shall at least two days before poll- neiivery of baillot boxes ing day deliver one of the ballot boxes to each deputj^ return- ing officer. No. 8 of 1897, s. 30. 35. The returning officer shall before the poll is opened Ballots to be cause to be delivered to %vq.y^ 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. No. 8 of 1897, s. 31. 36. The secretary-treasurer of the municipality shall supply voters' list to each deputy returning officer before the opening of the poll a voters' list in form E in the schedule to this Ordinance, con- taining the names of all the electors at that polling subdivision and a copy of the defaulters' list if any as provided in section 19 of this "Ordinance. No. 8 of 1897, s. 32 ; No. 26 of 1898, s. 1 (9). 31. Every deputy returning officer shall provide a compart- Pouius booth ment at the polling place to which he is appointed where the voters can mark their ballots screened from observation, and may appoint a constable to maintain order at the polling place. No. 8 of 1897, s. 33. 38. Every deputy returning officer shall immediately before Proceedings at the commencement of the poll open the ballot box and call such "'^'"'"^ ""^ ""^^ 555 10 Cap. 70 MUNK^PAL C. O. 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. No. 8 of 1897, s. 34. Entry when oath is taken Entry when oath is not talien of'poii'^'' •^^* Proceedings at the poll shall be as follows : V"?"',- 1- On a person presenting himself for the purpose of voting the deputy returning officer shall ascertain that the name of such person is entered or purports to be entered upon the voters' list of his polling division ; 2. If such person takes the oath or affirmation prescribed by this Ordinance the deputy returning officer shall cause to be entered opposite the name of such person in the proper column of the voters' list "sworn" or "affirmed," according to the fact ; 3. When such person as aforesaid has been required to take the oath or affirmation prescribed by this Ordinance and re- fuses to take the same the deputy returning officer shall cau.se 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 ; Consequence 4. No person wlio has refused to take the oath or affirmation prescribed by this Ordinance when requested so to do shall re- ceive a ballot paper or be admitted to vote ; 5. When the vote is objected to the deputy returning officer shall cause to be entered in the proper column of the voters' list opposite the scoter's name the words "objected to" and shall add thereto the name of the candidate by whom or on behalf of whom the objection is made ; 6. After the proper entries respecting a person claiming to vote have been made in the voters' list in the manner prescribed the deputy returning officer shall stamp or sign his initials upon the back of the ballot papei' and shall deliver the same to such person ; 7. The deputy returning officer may and upon request shall either personally or through his poll clerk explain to the voter, as concisely as possible, the mode of voting ; 8. The deputy returning officer shall cause to be placed in the proper column of the voters' list a mark opposite the name of every voter receiving a ballot paper ; 9. Only one person claiming to be entitled to vote shall be allowed at a time in the apartment where the election is held ; 10. Each person receiving a ballot paper shall forthwith proceed to the compartment provided for marking ballots and shall mark his ballot paper by placing a cross opposite the name of the candidate or candidates for whom he desires to- vote ; he shall then fold the ballot paper so as to conceal the names of the candidates and the marks on the face of the paper but so as expose the initials of the deputy returning •5.iG of refusal of oath Entrj; when vote is objected to Ballot paper to be given to voter Explanations may be made Voters' list to be marked Only one voter to vote at a time Method of voting 1898 MUNICIPAL Cap. 70 11 officer and on leaving the compartment shall forthwith and without exposing the face of the ballot paper to anyone or in any manner making known to any person for or against whom he has voted, deliver the same to the deputy returning officer who shall without unfolding it verify his initials and at once deposit it in the ballot box in the presence of all other persons entitled to be and then present in the polling place ; 11. While any voter is in the compartment for the purpose voter to be of marking his ballot paper no other person shall be allowed ^""^iJJ'g^aiiot 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 ; 12. In case any elector states he is unable to mark his ballot where voter „_„.„ Is unable to paper — mark his ballot (a) The deputy returning officer shall in the presence of the candidates or their agents present, if required by any candidate or agent, administer an Oiith 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 {b) The deputy returning officer shall state in the voters' list opposite the name of such elector in the column for remarks, the fact that the ballot paper was marked by him at the request of the voter and why ; 13. Any elector who has .spoiled his ballot paper in marking where ballot it and discovers the fact before it has been placed in the ballot I'p^ied^ box may on returning the same to the deputy returning officer and proving the fact to him obtain another ballot paper and the deputy returning officer shall mark upon the face of the • ballot paper so returned the word " cancelled " and all ballot papers so marked shall be preserved by the deputy returning officer and by him retuined to the returning officer in the manner hereinafter provided; 14. Any person who has received a ballot paper and who persons leaves the polling place without delivering the same to thctovote"^ deputy returning officer in the manner provided or if, after receiving the same, refuses to vote shall forfeit his right to vote at the election then pending 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 and did not return the same or that the person returned the ballot paper and declined to vote, in which latter case the deputy returning officer shall mai'k upon the face of the ballot paper the word "declined," and all ballot papers so marked shall be preserved by the deputy returning officer and by him returned to the returning officer in the manner hereinafter provided ; 15. Any deputy returning officer, candidate, agent or poll Persons who clerk who belongs to a polling division other than the one in ^Jer polling which he is performing the duties of such, may vote at the poU-thosfuiey'"'" ing station where he is so engaged provided he produces a cer- belong to' 557 12 Cap. 70 MUNICIPAL C. 0. tificate from the secretary-treasurer of the municipality that he is a qualified voter within the same, and the deputy returning officer shall attach such certificate to the voters' list. No. 8 of 1897, s. 35. Close of poll 40. Immediately after the close of the poll the deputy re- turning officer shall in the presence of the poll clerk, if there be one, and such of the candidates with their agents (of whom there shall not be more than two for any candidate) as may be present, open the ballot box and proceed as follow s : 1. He shall examine the ballot papers and reject all those on the back of which his initials are not found or on which more votes are given than the elector is entitled to give or ou which anytliinor appears by which the voter can be identified and any ballot paper on which votes are given for a greater number of candidates for any office than the voter is entitled to vote for shall be void as regards all candidates for the said office; 2. Take a note of any oVjection made by any candidate or his agent to any ballot paper found in the ballot box and de- cide on any question arising out of the objection ; 3. Number such objection and place a corresponding num- ber on the bacit of the ballot paper with the word "allowed" or ''disallowed" as the case may be, with his initials ; 4. Count the votes given for each candidate from the ballot papers not rejected, and make a written statement of the num- ber of votes given to each candidate and of the number of ballot papers rejected and not counted by him, which statement shall be then signed by him and such other persons authorised to be present, as may desire to sign the same ; 5. The deputy returning officer shall then certify under his own hand in full words on the voters' list the total number of persons who have voted at the polling place at which he is appointed and make up into separate packets — (a) The statement of votes given for each candidate and of the rejected ballot papers ; (b) The used ballot papers which have not been objected to but which have been counted ; (c) The ballot papers which have been objected to but which have been counted ; (d) The rejected ballot papers ; ((?) The declined and cancelled ballot papers ; (/) The voters' list and, if any, the defaulters' list ; which packets, closed up and sealed with hi.s 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 returninc; officer : 6. Before returning the said poll book to the returning officer the deputy returning officer shall make and subscribe before 5>s 1898 MUNICIPAL Cap. 70 13 such returning officer or a justice of the peace or the poll clerk an affidavit in the form following this sub section ; which affi- davit shall thereafter be annexed to the poll book and such poll book and declaration may be inspected at any time in the presence of the returning officer by any elector of the muni- cipality : I CD. the undersigned, deputy returning officer for M^ard {or polling subdivision) No. of the town {or rural municipality as the case may he) of do swear {or if he is a pernon permitted by law to affirhi do a&vm) that to the best of my knowledge the poll book used in and for the said ward {or polling subdivision) No. of the said town (or rural munici- pality as the case may he) of was so used in the man- ner prescribed by law and that the entries required by law to be made therein were correctly jnade. Sworn {or affirmed) before me \ at J his day / CD., of , A.D. 1 ( Deput}^ Returning X.Y., ^ Officer. Justice of the Peace. Or Returning officer of the town {or rural municipality as the case may he) of 7. Every deputy returning officer upon being requested to do .so, shall give to the persons authorised to attend at his poll- ing place, a certificate showing the total number of votes cast at his polling place for each candidate and the number of re- jected ballot papers. No. 8 of 1897, s. 36 ; No. 26 of 1898, s. 1 (10, 11). 41. At the time and place fixed for declaring the result of Final count the election the returning officer shall open the packet contain- declaration ing the .statement of the number of votes given for each candi- date and shall publicly declare elected the candidate or candi- dates as hereinafter provided and shall deliver or forward to each candidate a certificate of his election showing the total number of votes cast for each candidate and those declared elected by him — 1. As mayor or reeve for the ensuing year, the candidate re- ceiving the highest number of votes ; 2. As councillors, at the first election the three candidates in town municipalities and the two candidates in rural raunici- palties who have received the highest number of votes sh^ll be declared elected for the two years next ensuing and the three candidates in town municipalities and the two candidates in rural municipalities who have received the next highest num- ber of votes shall be declared elected for the next ensuing year and at each election thereafter the councilloi's receiving the highest number of votes shall be declared elected for a term of two years. (2) In case it appears that two or more of the candidates have an equal number of votes the returning officer shall at 559 14 Cap. 70 MUNICIPAL C. 0. Disposal of ballot boxes Destruction of ballots Returning officer Ballots may not be inspected Expenses the time he declares the result of the poll give a vote for one or more of such candidates so as to decide the election and ex- cept in such case the returning officer shall not vote. No. 8 of 1897, s. 37. 43. After the election the ballot boxes, packets and returns shall be transmitted to the secretary-treasurer of the muni- cipality and the secretary-treasurer shall be responsible for their safe keeping and for their delivery when required. No. 8 of 1897, s. 38. 43. The seci-etary-treasurer of the municipality having re- tained for three months all ballot and other papers transmitted to him as aforesaid shall then destroy the same unless other- wise ordered by the Supreme Court or a judge thereof. No. 8 of 1897, s. 39 ; No. 26 of 1898, s. 1 (12). 44. The secretary -treasurer of the municipality shall, un- less otherwise directed by bylaw of the council, be returning officer of the municipality ; and any returning officer may exercise and perform the powers and duties of a deputy re- turning officer at any one polling place in the municipality to be selected by such returning officer or as directed by the council. No. 8 of 1897, s. 40. 45. No person sh-ill be allowed to inspect any ballot papers or other documents or papers other than the voters' list used at an election, in the hands of the secretary-treasurer, except under the order of the court or judge as aforesaid which order shall state the time and place for inspecting such papers and name the persons to be present thereat. No. 8 of 1897, s. 41. 4(». All reasonable expenses incurred at any election under this Ordinance shall be paid by the municipality upon pro- duction of accounts verified as the council of said municipality mav direct. No. 8 of 1897, s. 42. ELECTION OF SCHOOL TRUSTEES. elected at same time School trustees 41. The board of school trustees of a city or town school district shall give notice to the secretary-treasurer of the muni- cipality on or before the fifteenth day of November of each year of the number of vacancies required to be filled to make the school board complete and the election to fill such vacancies shall be held on the same day and in the same manner as the election of municipal councillors except as to qualification to vote which shall be as provided for in the Ordinance respect- ing schools. No. 8 of 1897, s. 43. 48. In every case in which notice is given as provided in the next preceding section the nomination and election of school trustee, shall be held at the same time and place and by the same returning officer or officers and conducted in the same manner as municipal nominations and elections of councillors and the provisions of this Ordinance respecting the time for opening and closing the poll, the mode of voting, corrupt or 560 Proceedings the Bame 1898 MUNICIPAL Cap. 70 15 improper practices, vacancies and declarations of office shall mutatis mutandis apply to the election of school trustees. No. 8 of 1897, s. 44. 49. In the list of qualified voters to be delivered to the separate returning officer by the secretary-treasurer of the municipality g^^°°^j.tera before the opening of the poll, the secretary-treasurer shall place opposite the names of any persons on the said list, who have requested him in writing to place them as supporters of separate schools, the letters '"S.S.S." and the returnino- officer shdil not deliver to any such person a ballot paper for public school tru.stees where there exist separate schools in such municipality. No. 8 of 1897, s. 45. 50. In case any objection is made to the right of any per- Voter if son to vote at any election of schnol trustees the returning to^majf^oath officer shall require the person whose right of voting is ob- jected to, to make the oath or affirmation required by section 29 of this Ordinance. No. 8 of 1897, s. 46. 51. A separate set of ballot papers shall be prepared byBaUotsfor the secretary-treasurer of the municipality containing the trustee""* names of the candidates nominated for school trustees, of the same form as those used for councillors except the substitu- tion of the words " school trustee " for the word " councillor " on said ballot paper. No. 8 of 1897, s. 47. 53. The annual statements oP the trustees and treasurer of Annual city and town school districts, required by The School Ordin- onraate"e's ance shall be given at the same time and plaite as may be ap- pointed for the mayor and council to make their report to the citizens of the municipality. No. 8 of 1S97, s. 48. 53. None of the provisions contained in the six preceding clauses sections shall apply to school districts whose limits do notoJJfy'toto^n coincide with the limits of the municipality. No. 8 of 1897, districts a 49. CORRUPT PRACTICES. 54. The following persons shall be deemed guilty of bribery corrupt and shall be punished accordingly : practices 1. Every person who directly or indirectly by himself or by any other person in his behalf gives, lends, or agrees to give or lend, or offers or promises money or valuable consideration, or gives or procures, or agrees to give or procure, or offers or promises any office, place or employment to or for any voter or to or for any person or behalf of any voter or to or for any person in order to induce any voter to vote or refrain from voting at a municipal election or upon a bylaw for raising money or creating a debt upon a municipality or part of a municipality for any purpose whatever or who corruptly does any such act as aforesaid on account of such voter having voted (ir refrained from voting at such election or upon such bylaw ; 36 -561 16 Cap, 70 MUNICIPAL CO. Corrupt practices Lawful expenses 2. Every person who directly or indirectly by himself or by any other person in his behalf makes any gift, loan, oflFer, proniise or agreement as aforesaid to or for any person in order to induce such person to procure or endeavour to procure the return of any person to serve in aijy municipal council or to procure the passing of any bylaw as aforesaid or the vote of any voter at a municipal election or for such bylavf ; 3. Everj' person who by reason of any such gift, loan, ofl'er, promise, procurement or agreement, procures or engages, promises or endeavours to procure the return of any person in the municipal election or to procure the passing of any bylaw as aforesaid or the vote of any voter at a municipal election or for such bylaw ; 4. Every person who advances or pays or causes to be paid money to or for the use of any person with the intent that f.uch money or any part thereof shall be expended in bribery at a municipal election or at any voting upon a bylaw as aforesaid or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at such election or at the voting on such bylaw ; 5. Every voter who before or during a municipal election or the voting on such bylaw directly or indirectly by himself or any other person in his behalf receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place or employment for himself or for any other person for voting or agreeing to vote or refraining or agreeing to refrain fi'om vot- ing at such election or upon such bylaw ; 6. Every person who after such election or the voting upon any such bylaw directly or indirectlj^ by himself or any other person on his behalf receives any money or valuable considera- tion on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting at any such election or upon any such bylaw ; 7. Every person who hires horses, teams, carriages or other vehicles for the purpose of convening electors to or from the polls and every person who receives pay for the use of any- horse, teams, carriages or vehicles for the purpose of conveying any electors to or from any polls as aforesaid ; 8. Every person who directly or indirectly by himself or by any other person on his behalf makes use of or threatens to make use of any force, violence or restraint or inflicts or threatens the infliction by himself or by or through any other person of any injury, damage or loss or in any manner practises intimidation upon or against any person in order to induce or compel such person to vote or refrain from voting or on account of such person having voted or refrained from voting at any election or who in any way prevents or otherwise interferes with the free exercise of the franchise of any voter shall be deemed to be guilty of umlue influence and be subject to the penalty hereinafter mentioned. No. 8 of 1897, s. 57. 55. The actual personal expenses of a candidate, his expenses 1898 MUNICIPAL Cap. 70 17 for actual professional services performed and hona fide pay- ments for the fair cost of printing and advertising shall be held to be the expenses lawfullj' incurred and the payment thereof shall not be a contravention of this Oi'dinance. No. 8 of 1897, s. 58. CONTROVERTED ELECTIONS. 56. If within six weeks after the election or one month af terinstitutjon of the acceptance of office by the person elected a relator shows ^''"'^^^ ™^^ by affidavit to any such judge reasonable grounds for supposing that the election was not legal or was not (.■onducted according to law or that the person elected thereat was not duly elected or was guilty of bribery or undue influence and if tlie relator either deposits with the clerk of the court $200 or enters, into a bond in the sum of $200 with two sureties, to be allowed as sufficient by the judge upon affidavit of justification, in the sum of SlOO each, conditioned to prosecute the writ with effect or to pay the party against whom the same is brought any costs wliich maybe adjudged to him against the relator, the judge shall direct a writ of .summons in the nature of a quo ivarranto to be issued to try the matters complained of. No. 8 of 1897, s. 67; No. 26 of 1898, s. 1 (15). 51. In case the relator alleges that he himself or some other investigation person has been duly elected the writ shall be to try the vali- relator'"" ° dity both of the election complained of and the alleged election of the relator or other person. No. 8 of 1897, s. 68. 58. In case the grounds of objection apply equally to two or writ may more persons elected the relator may proceed bv one writ tfectlona of again.st such persons. No. 8 of 1897, s. 69. " two persons 59. When more writs than one are brought to try the vali- Judgment on dity of an election or the validity of the election of more than writs'^ ™°''^ one .person the judge may give one judgment upon all or a separate judgment upon each or more, of them as he thinks fit. No. 8 of 1897, s. 70 ; No. 26 of 1898, s. 1 (16). 60. The writs shall be issued by the clerk of the Supreme issue and Court and shall be returnable before the judge in chambers at''® ^™ ° ^™ a place named in the writ upon the eighth day after service computed exclusively of the day of service or upon any later day named in the writ. No. 8 of 1897, s. 71. 61. The writ shall be served personally unless the party to Personal be served keeps out of the way to avoid personal service in ^'"■™® which ca.se the judge upon being satisfied thereof by affidavit or otherwise may make an order for such substitutional ser- vice as he thinks fit. No. 8 of 1897, s. 72. 63. The judge before whom the writ is made returnable or Returning is returned may if he thinks proper oider the issue of a writ of dep'Sy°may summons at any stage of the pi'oceedings to make the returning ''<' ^^ p*^'''^'' officer or any deputy returning officer a party thereto. No. 8 of 1897. s. 73. 36^ 563 18 Intervention Cap. 70 MUNICIPAL C. 0. 63. The judge before whom the writ is returned may allow any person entitled to be a relator to intervene and prosecute and may grant a reasonable time for the purpose and any intervening party shall be liable or entitled to costs like any other party to the proceedings. No. 8 of 1897, s. 74. Power.sof 64. The judge shall in a Summary manner upon statement Judge g^jj^ answer without formal pleadings hear and determine the validity of the election and may by order cause the assess- ment rolls, tax roll, voters' list and anj'^ other records of the election to be brought before him and may inquire into the facts on afEdavit or by oral testimony. No. 8 of 1897, s. 75. Disqualifica- tion of candidate 65. Any candidate elected at any municipal election who shall be found guilty of any act of bribery or using undue influence shall forfeit his seat and shall be rendered ineligible as a candidate at any municipal election for two years there- after. No. 8 of 1897, s. 59. Penaltj- Recovery of penalty Report of judge List of persons disqualifled Witness fees 66. Any person who is adjudged guilty of bribery shall incur a penalty of $25 and shall be disqualified from voting at any municipal election or upon a bylaw for the next succeed- ing two years. No. 8 of 1897, s. 60. 6T. The penalties imposed by the preceding section shall be recoverable with full costs of suit by any person who sues for the same in the Supreme Court in the judicial district in which the offence was committed ; and any person against whom judgment is rendered shall be ineligible either as a candidate or a municipal voter until the amount which he has been con- demned to pay is fully paid and satisfied. No. 8 of 1897, s.61. 68. It shall be the duty of the judge who finds any candi- date guilty of a contravention of section 54 of this Ordinance or who condemns any person to pay any sum for any offence against the said section to report the same forthwith to the .secretary treasurer of the municipality wherein the offence has been committed. No. 8 of 1897, s. 62 ; No. 26 of 1898 s. 1 (14). 69. The secretary treasurer of every municipality shall duly enter in a book to be kept for that purpose the names of all persons within his municipality who have been adjudged guilty of any offence as afore.'^aid and of which he has been notified as aforesaid. No. 8 of 1897, s. 63. 10. Any witness shall be bound to attend before the judo-e of the Supreme Court before whom the complaint is made upon being served with the order of the judge directing his atten- dance or his attendance with documents and upon payment of the same fees as are paid in civil cases for his attendance or his attendance with documents in the same manner as if he had been directed by a wiit of subpoena or a subpoena duces terwni so to attend and he may be punished for contempt and 504 189S MUNICIPAL Cap. 70 19 shall be liable to all the penalties for such nonattendance in the same manner as if he had been served with a writ of subpoena or a writ of subpcena cltice>i tecum. No. 8 of 1897, s. 64. 11. All proceedings other than application in the nature of Limitation of a quo ivarranto against any person for any violation of section proce'edings 54 of this Ordinance shall be commenced within thirty days after the municipal election at which the ofltence is said to have been committed or within thii-ty days after the day of voting upon a bylaw as aforesaid. No. 8 of 1897, s. 6.3. T!?. In case the validity of the election of mayor, reeve or Trial in councillor is contested the same may be tried by a judge in '''^'''™'"''''' cliambers and any candidate at the election or any elector of Relator the municipality may be the relator for the purpose. No. •'«« election the judge shall forthwith by writ cause the person found not in™M°" to have been duly elected to be removed and in case the judge determines that any other person was duly elected the judge shall forthwith (.rder a writ to issue causing such other person to be admitted and in case the judge determines that no other person was duly elected instead of the person removed the judge shall by the writ cause a new election to be held. No. 8 of 1897, s. 76. 14. In case the election of all the members of a council be Writ directed adjudged invalid the writ for their removal and for the election " '' ^"'^ of new members in their place or for tlie admission of others adjudged legally elected and an election to fill up the remain- ing seats in the council shall be directed to the sheriff of the judicial district in which the election took place and the sheriff Powers of shall have all the powers for catising the election to be held ^''®"*^ which a municipal council has in order to supply vacancies therein. No. 8 of 1897, s. 77. 15. Any person whose election is complained of may unless Disclaimer such election is complained of on the ground of corrupt prac- tices on the part of such person, within one week after service on him of the writ, transmit postpaid through the post office directed to the clerk of the judicial district who issued the writ or may cause to be delivered to such clerk, a disclaimer signed by him to the effect following : I, ^.5., upon whom a writ of summons in the nature of a quo irarravto has been served for the purpose of contesting my right to the office of councillor for the municipality of do hereby disclaim the said office and all defence of any right I may have to the same. Dated day of (Signature) A.B. No. 8 of 1897, s. 78, 505 Cap. 70 MUNICIPAL 0. Indorsement Service o( disclaimer Effect of disclaimer Notification to council 16. Such disclaimer or the envelope containing the same shall be indorsed on the outside thei'eof with the word "dis- claimer" and be registered at the post office where mailed. No. 80 of 1897, s. 79. TT. Where there has been a contested election the person elected may at any time after the election and before his elec- tion is complained of deliver to the secretary treasurer of the municipality a disclaimer signed by him as follows : I, A. B., do hereby disclaim all rights to the office of coun- cillor for the municipality of , and all defence of any right that I may have to the same. No. 8 of 1897, s. 80. 18. Where a disclaimer has been made in accordance with the preceding sections it shall operate as a resignation and the candidate having the next highest number of votes shall then become the councillor or other officer as the case may be. No. 8 of 1897, s. 81 ; No. 26 of 1898, s. 1 (17). 79. The secretary treasurer of the communicate the same to the council. council shall forthwith No. 8 of 1897, s. 82. Costs 80. No costs shall be awarded against any person duly disclaiming unless the judge is satisfied that such party con- sented to his nomination as a candidate or accepted the office in which case the costs shall be in the discretion of the judge. In all cases not otherwise provided for costs shall be in the discretion of the judge. No. 8 of 1897, s. 83. Decision final 81. The decision of the judge shall be final and he shall im- mediately after his judgment return the wiit and judgment with all things had before him touching the same, except such as he may otherwise order, into the court from which the writ issued, there to remain of record as a judgment of the said court Enforcement and he shall as occasion requires enforce such iudgment bv writ or iTidgment ., • o tit"' m the nature or a writ ot peremptory ma-naa-niifs and by writs of execution for the costs awarded. No. S of 1897, s. 84. Rules of court 83. The judges of the Supreme Court sitting ew 6a Jtc or a Formsand majority of them may by rules settle the forms of the writs of execution, certiorari, mandamus and execution under this Ordinance and may regulate the practice respecting the suing out, service and execution of such writs and the punishment fur disobeying the same or any other writ or order of the court or judge and respecting the practice generally in hearing and determining the validity of such elections or appointments and provide a tariff of costs thereon and may from time to time rescind, alter or add to such rules, but all existing rules shall remain in force until rescinded or altered as aforesaid. No S of 1897, s. 85. costs 566 1898 MUNICIPAL Cap. 70 21 Part II. Councils. DUTIES AXD POWERS. 83. The first meeting of the council elected shall be held on First meeting the first Monday in January in each year except when such Monday is a public holiday in which case the meeting shall take place on the next subsequent day not a public holiday and the council of the previous year shall hold office up to the first meeting of the new council notwithstanding the fiscal j'ear expires on the thirty-first day of December in each year and in case of neglect or refusal of the electors in a municipal- counciitoiioiri ity to elect a council as hereinbefore provided until a new s^cesaoi-R council is appointed under the provisions of this Ordinance, elected No. 8 of 1897, s. 86. 84. A majority of the council shall be a quorum at any Quorum meeting but when the council consists of only five members the concurrent votes of at least three shall be necessary to carry any resolution or other measure. No. 8 of 1897, s. 87. 85. Every municipality shall have jurisdiction over all high- jurisdiction ways within the same and the Lieutenant Governor in Council ^Igj^^^^ys may give a municipality jurisdiction over any highway, bridge *'"'iees and or stream dividing municipalities or adjdcent thereto when not dividing municipalities and may determine what portion of highway, bridge or stream dividing municipalities shall be within the jurisdiction of each. No."8 of 1897, s. 88 ; No. 26 of 1898, s. 1 (18). 86. Whenever a municipality acquires by purchase, donation Cemeteries or otherwise any plot of land for cemetery purposes outside of the limits of the municipality the provisions of The Cemetery Ordinance shall apply mutatis viutavdis to the said municip- ality and the council may pass bylaws for raising money for improving, caring for and beautifying such land. .No. 8 of 1897, s. 89 81. Every municipality shall keep in repair all sidewalks, certain work.s crossings, sewers, culverts and approaches, grades and other *°p'jfiy''®P''" 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. No. 8 of 1897, s. 90. 88. Municipalities may control and license ferries and control of bridges erected or authorised by them within their jurisdiction bridges""^ and pass bylaws allowing the collection of tolls thereon for periods not exceeding five years- No. 8 of 1897, s. 91. 567 ^9 Cap. 7(1 \IUNICIPAI> C. O. May make 89. Every council may make regulations and bylaws not golra'nment provided for by this Ordinance and not contrary to law for of proceedings gyygj.j^jj^^ j^^ 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 i-epeal, alter and amend its own bylaws except where bylaws are made for the purpose of raising money, levying assessments or striking rates. No. 8 of 1897, s. 92. Councillors' indemnity Number of meetings J>0. Every council may pass a bylaw for paying the mem- bers thereof, which shall in no case exceed the sum of $1.50 per day and ten cents for every mile necessarily travelled coming to and returning from the business of the council : Provided that the number of days for which each councillor shall be paid during the year for which he is elected shall not exceed 12. No. 8 of 1897, s. 93. Duration of 9). AH municipal officers shall hold office until removed by employees the council, or as expressed in their appointments. No. 8 of 1897, s. 94; No. 26 of 1898, s. 1 (19). No appointment by tender D3. No municipal council shall make any appointment to office or arrangement for the discharge of the duties thereof by tender or to applicants at the lowest remuneration. No. 8 of 1897, s. 95. Duties of officers Security 93. The municipal council in addition to defining the duties of its officers shall exact security from the secretary-treasurer and such other officers as they may determine for the faithful performance of their duties and it shall be the duty of every council at its first meeting or within a reasonable time there- after to examine and renew the securities given by its officers. No. 8 of 1897, s. 96. Liabilities of officer.'! 94. Municipal officers shall be liable for their acts and for damage arising from their refusal or neglect to discharge their duties to the municipality in addition to penalties impo.sed for violation of any of the provisions of this Ordinance. No. 8 of 1897, s. 97. BYLAWS. Bylaws Raising revenue Prevention of cruelty 95. The council of everj^ municipality may pass bylaws for : 1. The raising of its revenue by assessment on real and per- sonal property and income ; authorising the chairman and the treasurer to borrow from any person or bank or corporation, such sum of money as may be required to meet the expenditure of the municipality until such time as the taxes levied therein 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 anv statute or Ordinance in that behalf ; 568 1898 MUNICIPAL Cap. 70 23 3. Granting aid to acrricultural societies ; Agricultural " " ' ■ societies 4. The prevention or removal of abuses prejudicial to agri- Prevention culture nut otherwise provided for by law ; of abuses 5. The relief of the poor ; Poor relief 6. Appointing policemen, watchmen and patrols and regulat- Police ing and defining their duties and their remuneration ; 7. Providing for the health of the municipality and against Puwic health the spreading of contagious or infectious diseases ; 8. Appointing and defining duties of a board of health, Health officers health officers, and scavengers ; scavenging 9. The encouragement of the planting of trees on prairie Planting trees lands or highways or other public places and remuneration for the same by commutation of statute labour or otherwise, and providing for the protection thereof ; 10. Taking the census of the municipality ; Census 11. Appointing such officials under such names as the coun- Appointing cd may deem necessary for the carrying out of the work of the"™"'^^^ corporation defining their duties and providing for their re- muneration ; 12. Entering upon and taking and using and acquiring so Expropriating much real property as may be required for highways, roads, '^""^ streets, bridges, alleys and byways in the municipality without the consent of the owners of such real property and without the consent of the owners taking and acquiring for the purpose of preventing the operation of any and all such coal mines and coal pits within, upon or under any portion of the limits of the municipality (being a town) as in the opinion of the municipal council injuriously aflFect or endanger pioperty within the limits of the muuicipality making due compensation therefor to the parties entitled thereto ; and such compensation may be determined by arbitration under the provisions of this Ordi- nance where a mutual agreement is not pos.sible ; 13. Laying out, constructing, repairing; and maintaining Public works highways, roads, streets, bridges, alleys and byways ; 14. The erection of halls, lockups, weigh houses, markets Pubite ^ and such buildings as may be beneficial to the municipality "^ "^^ and to expropriate lands therefor ; 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 Selling or preventing selling on the streets ; 16. Establishing municipal scales for weighing or measur- Public scales ing and compelling the weighing or measuring thereon or there- hyoi 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 re- quested to do so by the purchaser ; 17 Purchasing, controlling, erecting or establishing parks ; Parks ' .569 24 Cap. 70 MUNICIPAL C. 0. Public wells 18. Making and regulating the use of public wells, and i-eservoirs ; cisterns Regrulating public buildings Drainage Sidewalks Laying down pipes Water mipply 19. Regulating the size and number and construction of doors in churches, theatres and halls or other places of public worship, public meetings or places of amusement and the street gates leading thereto and also the size and structure of stairs and stair railings in all such buildings and the strength of beams and joists and their supports ; 20. Controlling and constructiuc; sewers, drains and ditches and regulating and preventing the obstruction of the same ; building and repairing sidewalks, preventing the leading, riding or driving of cattle or horses thereon or the riding on bicycles or tricycles thereon and compelling persons to remove and clear away all snow, ice and dirt and other obstructions from the sidewalks adjoining the premises owned or occupied by thom ; and also to provide for the cleaning of sidewalks ad- joining 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 pro- perty as a special assessment to be recovered in like manner with the other taxes ; 21. Authorising any corporate gas or water or gas and water company to lay down pipes or conduits for the conveyance of ga-s or water or both under streets, squares and other public places subject to such regulations as the council may make; 22. Contracting with any water works or water company Fireprotection f or a .supply of watcr within the municipality for fire purposes and other public uses for hj'di'ants or otherwise as may be deemed advisable and for the renting of any such hydrants for anj^ number of years not in the first instance exceeding ten and renewing any such contract from time to time for such period not exceeding ten years as such council may desire and every such council shall also have power to purchase hydrants necessary for any of the purposes or uses aforesaid and also to erect the same ; and purchasing or renting for a term of years or otherwise fire apparatus of any kind and fire appliances and appurtenances belonging thereto respectively ; 28. 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- tei' houses, gas works, tannei'ies, distilleries or other "raanu- factoi'ies or trades which may prove to be nuisances; and preventing and abating nuisances generally ; 24. Preventing the incumbering of streets or other public places Ijy vehicles, agricultural implements, lumber and other articles ; 570 Abatement of nuisances Preventing incumbering of streets 1898 MUNICIPAL Cap. 70 25 25. Regulating the rate or pace of riding or driving within Regulating the municipality or any part thereof ; sifreets^ ™ 26. Regulating the keeping and transporting of gunpowder storage oJ and other combustible or dangerous materials ; 1™^°^ '*^' 27. Preventing the defacing of private or other property by Preventing printed or other notices ; of bufitoigs 28. Regulating the rate or pace of riding or driving on Regulating 1 • 1 " ° ^ " ° driving on bridges ; bridge! 29. Licensing, regulating and governing all persons who Licensing , 1, ■ n ■ ■ ii •' • gamingtables keep or have m their possession or on their premises any billiard, pool or bagatelle table in a place of public entertain- ment whether sucli table be used or not and for fixing the sum to be paid for a license for each such table and the time such license shall be in full force. 30. Preventing or regulating and licensing exhibitors of wax Lioenaing works, menageries, circuse.s, 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 Ijylaws 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 show or exhibition whether owned by the showman or not and in addition the ofiender may be imprisoned for six months ; 31. Preventing or regulating and licensing exhibitions held Licensing or kept for hire or profit, halls, opera houses, bowling alleys amusement and other places of amusement ; 32. Licensing, regulating and governing hawkers, pedlers or Licensing 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 mer- chandise for sale or for fixing the sum to be paid for a license for exercLsing such calling within the municipality and the time it shall be in force ; 33. Controlling, regulating and licensing livery, feed and sale Licensing stables, telegraph and telephone companies, telegraph and tele- ''^™®®^''^ "■ phone offices, insurance companies, offices and agents, real estate dealers and agents, intelligence offices or employment offices or agents, butcher shops or .stalls, skating, roller or curling rinks, and all other business industries or callings carried on or to be carried on within the municipality or commercial travellers or other persons selling goods, wares, merchandise or other effects of any kind whatsoever or offering the same for sale by sample cards" specimens or otherwise, for or on account of any mer- chant, manufacturer or other person selling directly to the consumer, not having his principal place of business in the municipality, and collecting license for the same ; 34. Licensino- porters, water dealei's, milk dealers or carriers Licensing or common carriers, draymen, hackmen, omnibus drivers and '""' ^^^' " "^^ guides and regulating the same ; Cap. 70 ArUNICIPAL c. o. Restraining dogs Regulating assize of bread Rebating taxation Exempting from taxation Bonusing manufactories Operating industries Fire department Fire protection Compelling assistance in putting out fire, razing buildings Fire districts Regulating erection of wooden buildings, etc. G 1898 MUNICIPAL Cap. 70 51 $1.25 per day and the amount of the commutation shall be a charj,'e and shall be collectable against real properly, goods and chattels as other rates. No. 8 of 1897, s. 179. ITS. The council of any rural municipality may by bylaw council may commute the statute labour of any person or persons resident forTterm 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. No. 8 of 1897, s. 180. 119. Any person liable to pay any sum for statute labour Penalty for commuted as aforesaid shall pay the same to the collector J.Xmutatfon°* appointed to collect the same within seven days after the™™ey demand thereof bj' the said collector and, in case of neglect or refusal to pay the same, the collector may le\y 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 defaulter shall be committed to the lock up house of the municipality or to the nearest common gaol and be there put to hard labour for any time not exceeding ten days unlets such penalty and costs and the costs of the warrant of commitment and of con- veying the said person to gaol be sooner paid. No. S of 1897, s. 181. 1 80. Any municipality may by bylaw provide that instead May of statute labour as herein provided a special tax to be called money tax 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. No. 8 of 1897, s. 182. 181. Every other person liable for the performance of Persons liable statute labour under this Ordinance shall within fourteen days OT^leer of^ after the final revision of the assessment roll notify the secre-^°t«^j™t° tary treasurer of the municipality in writing of his intention to commute the same by the payment as hereinbefore provided or failing so to do he shall be bound to perform the amount of statute labour imposed upon him as the road overseer may direct but he shall not be compelled to go further fi'om his home than four miles to do said labour. No. 8 of 1897, s. 183. oQi •-.') Cap. 70 MUNICIPAL CO. Part lY. Sale of Land for Taxes. List of lands in arrear Warrant for sale of Costs to be added and notice published ADVERTISEMENT AND SALE. 183. Whenever any portion of taxes on any land has been due for two years the secretary treasurer shall submit to the mayor or reeve as the case may be a list of all the lands in his books on which taxes are so due 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 wai-rant thereto annexed under his hand and the seal of the municipality commanding him to levy upcn the land for the arrears due thereon with costs and the said secretary treasurer is hereby authorised to sell the same. No. 8 of 1897, s. 184. 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 proportion of costs chargeable on each lot for advertising and the sum of twenty-live 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 inform following: Sale of lands in the {fill vn 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 where and when the sa id lands are to he sold and the dates of the issues of said newspa,per in )vhich a full list of said lands may be found). and shall also publish a similar notice in The North-West Terri- tories Gazette during the said nine weeks. No. 8 of 1897, s. 188. Advertise- 184. The advertisement .shall contain a notification that ment, contents ^^jggg ^j^g arrears of taxes and costs are sooner paid the secre- tary treasurer will proceed to sell the lands for taxes on the day and at the place mentioned in the advertisement. No 8 of 1897, 8. 190. AdTertise- 18.5. Every such notice shall specify the place, day and ment, contents j^Q^j. ^^^ ^hich the Sale sliall comnieiice and each lot or parcel of land shall be designated therein b}'- a reasonable de.scription for registration purposes. No. 8 of 1897, s. 191. 598 1898 MUNICIPAL Cap. 70 58 18G. All the lots liable for sale in the municipality shall be Lands omitted included in the same statement and notice but any neglect or J^^^.''® ^"^'^ omission to include any lands liable for sale in said list shall not be held to invalidate the sale or prevent the sale of such omitted land on any future occasion for all arrears of taxes that may be due thereon. No. 8 of 1897, s. 192. 181. The day of sale shall not be more than forty days Date of sale after the last publication as hereinbefore provided and the sale shall take place at such place in the municipality as the council shall from time to time hj 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. No. 8 of 1897, s. 193. 188. The secretary treasurer may adjourn the sale fromsaiemaybe time to time provided always that no such adjournment shall '^'^°"''"®'^ be for a period exceeding fifteen days. No. 8 of 1897, s. 194. 189. At the place, day and hour appointed for the sale of Proceedings lands (if the taxes thereon including costs and charges have not'' previously been paid) the secretary trea.surer shall otfer 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 w^ithhis charges and costs as the upset price on each respective lot or parcel as offered for sale and shall thus sell the same to the highest bidder or to such person as may be willing to take it at the upset price, there being no higher bidder, but subject to redemption as hereinafter provided for. No. 8 of 1897, s. 195. 1 90. If no bidder appears for any land for the full amount sa'ie 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. No. 8 of 1897, s. 196. 191. If the land sells for a greater sum than the taxes due Payment of together with all charges thereon the pui'chaser shall only bePJ^^g^'''' 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 redemption of the said land shall have expired without the same having been redeemed within the time limited and if the said balance of purchase money shall not be so paid by the purchaser, his heirs or a.ssigns, 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 sale and such land shall thereupon cease to be affected by said sale. No. 8 of 1897, s. 197. 192. If the purchaser of any parcel of land fails immediately Purchaser to pay the secretary treasurer on account of said purchase *^*i^j|^s to pay, the amount claimed for arrears of taxes and charges the treas- urer shall forthwith again put up the property for sale. No. 8of 1897, s. 198. 599 54 Cap. 70 MtTNICIPAL C. 0. Certlfloate to purchaser 103. The secretary treasurer after selling any land for taxes shall give to the purchaser a certificate describing the land as advertised stating ihe amount of taxes and costs paid and the total amount of purchase money and further saying that a transfer of the same to the purchaser or his assigns shall be executed by the secretary treasurer on his or their demaad within one month after the expiration of one year from the date of the certificate if the land be not previously redeemed and upon payment of the balance of the purchase money if any remains unpaid and upon payment of $2 for said transfer. Mo. 8 of 1897, s. 199. Purchaser's rights 194. The purchaser shall on receipt of the secretary treas- urer's certificate of sale become the owner of the land so far as to have all necessary rights and powers for protecting the same from spoliation or waste until the expiration of the term dur- ing which the lands may be redeemed. No. 8 of 1897, s. 200. List of land 195. A statement of the lands so sold for arrears of taxes for'\nspeotion' ^^'^'''^ *^^ "^^™^^ '-'^ ^^^ ''^^P^'^''^^'^ P^^'*^''-'''-*^®'^''^' ^^•'^ 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 M'hich inspection is desired. No. 8 of 1897, s. 201 ; No. 26 of 1898, s. 1 (32). 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 secretary treasurer before the hour of three o'clock in the afternoon of the said last day for redemption for the use and benefit of the purchaser or his legal representatives the sum paid by him together with ten per cent, thereon and any further sum which shall have been levied against said land and paid by the imrehaser before date of redemption and the secre- tary treasurer shall give the party paying such redemption money a receipt stating the sum paid and the objects thereof and such receipt shall be evidence of the redemption. ISo. 8 oE 1897, s 202. Date of redemption 191. For the purpose of this Ordinance the day of sale shall be the day on which the sale was advertised to take place without reference to any adjournment or adjournments and all certificates shall be dated as of that day. No. 8 of 1897, s. 203. Purchaser's rights cease on redemption 19H. From the time of payment to the secretary treasurer of the full amount of redemption money required by this Ordi- 600 1898 MUNICIPAL Cap. 70 55 nance all rights and interests of the purchaser shall cease. No. 8 of 1897, s. 204. 109. Whenever such redemption is effected by a person not Receipt when specially authorised the secretary treasurer shall mention in by'^p".aon°" the receipt given by him for 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 tile in the office of the secretary treasurer. No. 8 of 1897, s. 205. 300. The secretary treasurer shall also immediately after Notice to the redemption of any land give notice by registered letter to p"™''''^*"' 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. No. 8 of 1897, s. 206. TRANSFER ON NONREDEMPTION. 301. If the land be not redeemed within the period allowed onnon by this Ordinance then on demand of the purchaser, his heirs t^^^g^.^^'^j. or a-iisigns or other legal representatives at any time within one's™® month after the expiration of the time limiteil for the redemp- tion upon payment of the balance of purchase money as afore- said and of the further sum of S2 the secretary treasurer shall prepare and execute and deliver to him or them a transfer of the land sold provided that any land sold to the municipality under the provisions of this Ordinance as hereinbefore provid- ed shall be transferred to the municipality by the secretary treasurer of the municipality immediately on the expiration of the time allowed for the redemption, without charge ; such transfer shall be in form 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 of vesting the land in the purchaser, his heirs, assigns and other legal representatives in fee simple or otherwise according to the nature of the estate sold and no such transfer shall be in- valid by reason of any error or miscalculation in the amount of taxes in arrear. No. 8 of 1897, s. 207 ; No. 26 of 1898, s. 1 (33). 303. Such transfer shall not only vest in the purchaser all Tax transfer rights of property which the original holder had therein, but prPf/ iiaims shall also purge and disencumber such land from all payments, charges, liens, mortgages and encumbrances of whatever na- ture and kind other than existing liens of the municipality 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 Oown : 601 5« Cap. 70 MUNICIPAL CO. Proviso Provided that every such transfer shall at the expiry of one year from the date thereof be conclusive evidence of the assess- ment and valid charge of the taxes on said land therein des- cribed ; also that all the steps and formalities necessary for a valid sale had been taken and observed as provided by the Ordinance in that behalf ; and thereafter such sale and trans- fer shall only be questioned or set aside on the following grounds and no other : (a) That the sale was not conducted in a fair, open and proper manner ; (b) That there were no municipal taxes whatever in ar- rear for which the said land could be sold ; (c) That the said land was not liable to be assessed for municipal taxes. No. 8 of 1897, s. 208. Title in Crown 303. 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 iu 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. No. 8 of 1897, s. 189. TAX SALE FUND. Invalid sales Liability of municipality Tax sale fund ^04, The secretary treasurer shall keep n separate account of all sums paid to him as a balance of purchase money on lands sold for arrears of taxes, and not redeemed and shall enter in the book the amount received over the taxes and charges from the purchaser of any lots sold by him against said lot with date of sale and of receipt of balance and the aggregate amount so received shall form a fund to be called the tax sales fund and the secretary treasurer shall in the month of January in each j-ear 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 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. No. 8 of 1897 ,s. 209. Surplus may be claimed 305. Any person claiming to have been the owner, heir, a.^signee or legal representative of the owner or otherwise interested in any parcel of land sold for taxes and transferred as aforesaid which shall have realised more than the amount due for taxes and charges shall be entitled to claim and receive 602 1898 MUNICIPAI, Cap. 70 57 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 wi'itten notice is served upon the secretary-treasurer previous to the time limited for forfeituie and upon producing and leaving with the secre- tary-treasurer within six months from the date of service of such notice of claim an order signed by a judge reciting that it had been proved to the satisfaction of said judge that the claimant was at the time of sale the lawful owner of the land in respect to which claim is made or was or is the heir, execu- tor, assignee or legal representative of the said owner or other- wise interested in the said land and requiring the municipality to pay the said surplus money or the portion thereof specified in the order to the said claimant and such or any judge's order for payment of any part of said tax sale fund shall be kept by the secretary -treasurer and shall be the warrant and authority for making such payment. No. 8 of 1897, s. 210. ^00. In seeking to obtain a judge's order any claimant Evidence upon said fund shall in person or by advocate petition the°^^"M^^*° iudge in writing for that purpose describing the land sold and setting forth the particulars of said sale and the title under which the said money is claimed and shall at the same time furnish such evidence of title as may be necessary for proving his title or interest to the satisfaction of the judge, and the facts set forth in the petition shall be verified by affidavit so far as may be necessary to satisfy the j udge of the ho7ia 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 disci'etion order said money to be paid into the Supreme Court there to be dealt with iu 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. No. 8 of 1897, s. 211. 301. The same fees shall be paid upon an application made Fees payable 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. No. 8 of 1897, s. 212. 308. In any case where the judge deems it advisable to costs, how- 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. No. 8 of 1897, s. 213. 309. The fact of claiming any surplus held to the credit of claimant any lots sold for taxes in the said tax sale fund shall be con-^^Jgj^^j^^jg^j^ sidered an admi.ssion of the validity of the sale of the lot in question by the claimant and the said claimant and all claim- ^S Cap. 70 MUNICIPAL C. 0. ing by, through or under him sliall from and after the time of making such claim be debarred Irom 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. No. 8 of 1897, s. 214 Pending suit 310. In casc of any suit or proceeding to set aside or ques- saie^'^°"'°^ tion a sale for arrears of taxes being commenced within two Surplus not to years 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 treasurer in such case shall not forfeit any surplus held by him to the credit of the parcel of land in dispute but shall hold the same subject to the order of any judge or court before whom the said action or proceeding shall or may be tried and in case the plaintiff succeeds the judge or court shall order said surplus repaid to defendant, the tax sale purchaser or his proper re- presentatives, 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 surp- lus money to be paid over to the plaintiff or his proper represent- atives upon and after payment by said plaintiff of such costs of the defendant as he may have been ordered to pay ; (2) The provisions of this and the next preceding section are hereby declared applicable only to lands for which certifi- cates of title have not been granted. No. 8 of 1897, s. 21-5 ; No. 26 of 1898, s. 1 (34). TAX SALES. LIABILITY OF MUNICIPALITY. Liability of 3 1 J . In no casc shall the municipality be liable for damages iSSiteT*'"'''' °'' costs in any suit brought to set aside a tax sale or be liable for any damHges or costs arising therefrom in any way further than, in case of sale held void by a competent court, refunding to the purchaser the amount of money a,ctually received with legal interest. No. 8 of 1897, s. 216. 604 1898 MUNICIPAL Cap. 70 50 Part V. Bylaws for Creating Debts and Exempting from Taxation. INTRODUCTION AND FORM OF BYLAWS. 313. In case the majority of the resident ratepayers of any special rate in portion of a municipality divided into lots petition the coun-'*'''''''"^'"'^''^^ cil thereof setting forth the desire of such resident ratepayers to incur a debt or liability repayable in the financial year, the council may by bylaw levy a special rate again.st all the pro- perty 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. No. S of 1897, s. 99. 313. Every municipality may subject to the following pro- Bylaws for visions pass bylaws for contracting debts by borrowing money *''^^^*^"^'^^ * or otherwise and for levying rates for the payment of such debts on the rateable 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 Limit bylaws for contracting debts to a greater extent than ten per cent, of the asses.sed value of the assessable property in the said municipality. No. 8 of 1897, s. 217 ; No. 26 of 1898, s. 1 (35). 314. Bylaws for contracting debts or borrowing money Must have which do not provide for the payment of the debts contracted ^^^^"{i^'^g o, or money borrowed within the tinancial year shall before the I'atepayera hnal passing thereof receive the assent of two-thirds of the duly qualified ratepaj'ers voting thereon in the manner hereinafter provided. No. 8 of 1897, s. 218. 315. No bylaw for granting bonuses to manufactories, Petition of mills, railways or any works of a public natui-e or guarantee- introduction"'^- ing the payment of debentures of companies to assist them in °* '^J'^^'"' the operation of elevators, for exemption from taxation for a longer period than one year or for building, owning or oper- ating grist mills, elevators and manufacturing establishments or subscribing for stock therein shall be introduced or enter- tained by the council except on a petition of one-half the re.si- de'nt ratepayers of th.? 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 proc^'edings prior to such intro- duction .shall affect its validity. No. 8 of 1897, s. 219. 605 60 Cap. 7u MUNICIPAL CO. Term for repayment 316. If contracted for the purpose of subscribing for stock in a railway or street railway company or for granting a bonus in aid of a railway or street railway or of any undertaking for public lighting or draining or for supplying water to the inhabits nts for iii'e 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 I y bylaw to borrow money for any of the purposes aforesaid the munici- pality may extend the time for the payment of the debentures to be issued in pursuance of such bylaw over the period au- thorised by this section although the same shall exceed the period named in the bylaw and for this purpose the munici- pality may reacquire any debentures already issued under any such bylaw and issue debentures in their stead extending over the longer period as aforesaid. No. 8 of 1897, s. 220. Provisions of bylaw 317. The bylaw shall recite — (a) The amount of the debt which such new bylaw is in- tended to create and in some brief and general terms the object for which it is to be created ; (b) The number of years over which such indebtedness is to be spread ; (c) The amount of the whole rateable property according to the last revised assessment roll ; (d) The total amount of the existing debt of the munici- pality outside of the debt due for the current ex- penses 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 ; ard 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. No. 8 of 1897, s. 221. Fonn of debenture 318. Debentures shall be in the form following or to the like effect : (Give full corporate name of Tnunicipality.) S 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 on the terms and in the amounts specified in the coupons at- tached hereto. (Signed) Mayor (or Reeve.) Dated this day of Secretary treasurer. 606 1898 MUNICIPAL Cap. 70 6 1 {Cowpons.) 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 day on debenture No (Signed) (Mayor or Reeve.) Secretary treasurer. No. 8 of 1897, s. 222. VOTING ON BYLAWS. ?il9. In case a bylaw requires the assent of the electors of Voting or the municipality before the passing thereof the following pro-''^'*™ eeedings 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 Ihan four weeks after the first publication of the proposed bylaw as hereinafter provided. No. 8 of 1897 s. 223. S!30. The council shall before the voting thereon by the Publication ratepayers publish a copy of the bylaw in some public news-°* '"'^^^ paper published within the said municipality or, if there be no such newspaper, in some public newspaper near the munici- palitj'', which publication shall be continued in at least one num- ber weekly of such newspaper for two consecutive weeks ; and shall also put up a copy of the bylaw at four or more of the most public places of the municipality. No. 8 of 1897, s. 224. 331. Appended to each copy so published shall be a notice Notice signed by the secretary-treasurer of the council stating that byfaw*^^*^'" .such copy is a true copy of a proposed bylaw which will be p"''''®^^'^ taken into consideiation 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. No. 8 of 1897, s. 225. 333. At such day and hour a poll shall be taken and all vote taken proceedings thereat and for the purposes thereof including aol council"" I'ecount shall be conducted in the same manner as nearly as mav be as at an election for mayor and councillors. No, 8 of 1897, s. 226. 607 62 Cap. 70 MUNICIPAL C, 0. Form of ballots 323. The ballot papers shall be printed with "for the by- 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. No. 8 of 1897, s. 227. Time and 334. The conncil shall in the bylaw fix the time and place sumnUng Tote'^li6n and whei'e the returning officer of the municipality shall to be stated sum up the number of votes givcn for or against such bylaw. No. 8 of 1897, s. 228. Scrutineers 335. On the application of any person interested in pro- moting or opposing the passage of the bylaw the mayor or reeve shall authorise the attendance of one per.son on behalf of the party applying at each polling place and at the final sum- ming up of the votes. No. 8 of 1897, s. 229. Persons 330. Every ratepayer being a man, unmarried woman or ''''^''^'^*°™*^ 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 la,«t voters' list of the municipality and who has neither directly or indirectly received nor is in expectation of receiving any re- ward or gift for the vote which he tenders and who is at the time of the tender a freeholder in his own right or whose wife is a freeholder of real property within such municipality and is rated on the last revised assessment roll as such freeholder for not less than $400. No. 8 of 1897, s. 230 ; No. 26 of ] 898, s. 1 (36). Oaths Declaration of result 33T. Any ratepayer offering to vote on the bylaw may be required by the deputy returning officer or by any ratepayer entitled to vote on the bylaw to make, before his vote is re- corded, the following oath or affirmation 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 voters' list; that you are a freeholder in your own right (or your wife is a freeholder) of real property within the muni- cipality and rated on the last revised assessmert 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 indirectljr received any reward or gift nor do j^iu expect to receive any for the vote which you tender ; (In the case of an untnarried ivuman or widoiv clai'ininr/ to vote) that you are unmarried (or a widow as the case may he)." No 26 of 1898, s. 1 (37). 338. The returning officer after he has received certified returns from the deputy returning officers of the number of votes given at each'poliing place shall at the time and place appointed by the bylaw in the presence of the persons au- thorised to attend, or such of them as ma}"- be present, sum up from such statements the number of votes for and against 608 ° 1898 MUNICIPAL Cap. 70 63 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. No. 8 of 1897, s. 232. 'i'i9. Every bj'law which is carried by the required major- Final passing ity of the duly qualified electors who have voted thereon shall, within two weeks thereafter, be passed by the council which submitted the same. No. 8 of 1 897, s. 233. S30. All bylaws for contracting debts which do not provide Assent o( for the payment then of within the financinl year shall receive Governor" the assent of the Lieutenant Governor in Council, after the^"*^°"""' passing thereof by the Council of the municipality, and the Order of the Lieutenant Governor in council assenting to such bylaw shall be conclusive evidence that all necessary formali- ties in respect to the passing thereof have bc( n complied with. No. 8 of 1897, s. 234 ; No. 26 of 1898, s. 1 (38). 39 609 (54 Cap. 70 MUNICIPAL C. 0. Part VI Local Improvements and Assessments. Local 331. The term "local improvement" shall be taken to mean improvements ^^^ opening, widening, straightening, extending, grading, levell- ing, macadamising, laying, paving or planking on any street or public lane, alley, way or place, sidewalk or bridge forming part of a highway ; or the curbing, sodding or planting of any street or public lane, alley, square or other public way or place ; or the making, deepening, enlarging or prolonging of any common ditch, drain or sewer ; or the leconstructing, but not the mere repair and maintenance of any of the said works. No. 8 of 1897, s. 243. Special 333. The term " special frontage assessment " shall be taken assessment *° mean a rate charged according to the lineal measure along the front of the several lands fronting on the street or place whereon or wherein the improvement is to be made for the ' purpose of paying for such local improvement which rate shall be computed by dividing the total charge to be provided by special frontage assessment on said lands by the number of lineal feet frontage of such lands on the street or place whereon or wherein the local improvement is to be made. No. 8 of 1897, s. 244. Bylaw for 333. The municipal council of any town may pass bylaws : 1. For ascertaining and finally determining what portion if any of the cost of any local improvement should be borne by the municipality at large ; 2. For assessing by way of a special frontage assessment the cost or a portion of the cost of any local improvement upon the lands fronting upon the street or place wherein or whereon the local improvement is to be made and for levying such cost or portion thereof by a special rate upon such lands : ;i 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 im[«-ovement provided that such temporary loan shall mature within six months from the making thereof ; and for borrowing by the issue of debentures upon the credit of the municipality at large the moneys required to meet the cost of any local improvement or required to pay any tempo- rary loan made for that purpose : Provided that the amount of any such temporary loan or loans- by way of debentures shall not increase the general debt of the municipality beyond the limits thereof fixed bv any Ordinance in that behalf ; and Provided that such debentures shall mature within the pro- bable life of the local impro\'enifnt. No. 8 of 1897 s 245 tilO 1898 MUNICIPAL Cap. 70 65 S34. No assessment or levy shall be made under any by- Two-thirda law passed under clause 2 of section 233 of this Ordinance concerned except upon petition to the council of at least two-thirds in ^"'^t petition number of the persons registered or assessed as owners of the lands fronting on the street or place whereon or wherein the improvement is proposed to be made representing at least one- half of the value of such land excluding improvements there- on. No. 8 of 1897, s. 246. ^35. The request of the petition may be acceded to by the Council may council either in respect of the whole or of a part of the street whSjy or '^""^ or place proposed to be improved: in part 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. No. 8 of 1897, s. 2i7. S30. After the council has resolved to grant the request of Completion 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 carrj? 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 assess- ments and passing all necessary bylaws whether the improve- ments 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. No. 8 of 1897, s. 248. 2S7. There shall be a right of appeal against every assess- Appeal from SiSSGSSmGIl t ment and rating made under the authority' of any byl'aw passed under the local improvement sections of this Ordinance to a court of revision to be composed of ihe ma3'0r 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. No. 8 of 1897, s. 249. 338. Notice of every proposed special frontage rate shall beNoticeoi: given by the assessor to the persons registered or assessed as Fr™ntage tax owners or addressed to the last post office address of each such owner known to the a.ssessor of the municipality of every par- cel of land to be charged therewith by registered letter, and 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 muni- cipality at large ; (d) The portion of the cost to be provided by special frontage assessment ; 39il- Gil 66 Cap. 70 MCXiriPAL C. 0. (c) Tbe frontage of the property upon which the special frontage assessment is to be levied stated in lineal feet; (/} The rates of special frontage assessment per foot frontage ; ((/) The amount chargeable to each lot or parcel of land assessed according to the rate per foot frontage ; (h) The value of the land chargeable with the special frontage rate exclusive of all improvements thereon ; (i) The time fixed for the sittings of the court of revision for the hearing of appeals in respect of the assessment and proposed special rate ; such sittings to be not earlier than fifteen days from the date of mailing of the notices. No. 8 of 1S97, s. 250. Record of mailing notice S39. A memorandum by the assessor in any proper book or roll kept for that purpose of the mailing of such notices and of the date thereof shall be prima facie evidence of the mail- ing of such notices in accoidance with the la'-t preceding sec- tion on the date mentioned in the memorandum. No. 8 of 1897, s. 251. Decision of court of revision or judge to be flnal Contents of bylaw 240. The decision of the court of revision or of the judge if there be an appeal from the court of revision shall be final and conclusive upon all matters respecting the assessment and 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. No. 8 of 189?, s. 252. 341. Every bylaw passed for borrowing money for local improvements shall recite : (a) The amount of the debt which sucb bylaw is intended to create and the object in general terms for which it is to be created ; (6) The total amount required to be raised annually by special rate for paying the debt and interest under the bylaw; (c) The total value of the land exclusive of improvements charged with the special assessment and if any por- tion of the debt is to be borne bj' the municipality at large the value of the whole rateable property accord- ing to the last revised assessment roll ; {d) The annual special rate per foot frontage for the pay- ing of the interest and creating a yearly sinkino- fund for the payment of the debt or portion thereof not payable by the municipality at large as the case may be or for discharging the instalments of such principal and interest in case the debt is to be so payable and if any portion of the rebt is to be borne by the muni- 612 1S98 MUNICIPAL Cap. 70 67 cijjality at lai'ge the annual special rate in the dollar for the payment of the portion of the debt chary;ealjle to the municipalit}'' at large or for discharging the in- stalments of such principal and intei'est as the case may be ; (e) That the debt is contracted on the credit and security of the municipalit}' 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. No. 8 of 1897, s. 253. 34^. No bylaw passed hereunder shall require the a.ssent of Assent of the electors : ''^'''°'' Provided however that if the council in any case of local im- provement 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 improvement is made then and in every such case the council shall pass a separate bylaw for the portion of money to be provided by the municipality at large and said bylaw shall before being finally passed receive the assent of the electors in the manner herein- before provided. No. 8 of 1897, s. 254. 613 68 Cap. 70 MUNICIPAL CO. Part VII. EXECUTIONS AGaINST MUNICIPALITIES. Procedure on writs of execution in sheritf 's hands Copy writ to be delivered secretary treasurer Demands for payment Execution rate Sheriff's precept to secretary treasurer Levy of special rate Surplus Secretary treasurer's percentage 343. Any ■writ of execution against a municipality may be indorsed with the direction to the sheriff' of the judicial district in which the municipality is, to levy the amount thereof by rate and the proceedings thereon shall be as follows : 1. The sheriff shall deliver a copy of the writ and indorse- ment to the secretary treasurer of the municipality with a statement in writing of the amount required to satisfy such execution indudinp; the amount of interest thereon and sheriff's fees and demand the payment of the same ; 2. In case the a.mount demanded is not paid to the sheriff within thirty days after such delivery the sheriff shall examine the assessment roll of the municipality and shall in like man- ner as rates are struck for general municipal purposes .strike a rate sufficient in the dollar to cover the amount chiimed as aforesaid with such addition to the same as the sheriff deems sufficient to cover the interest, his own fees and the collector's percentage up to the time when such rate will probably be available ; 3. The sheriff shall thereupon issue a precept or precepts under his hand and seal of office direct^td to the secretary treasurer of the municipality and shall annex thereto the roll of such rate and shall by such precept after reciting the writ and that the corporation had neglected to satisfy the same and referring to the roll annexed to the precept command the sec- retary treasurer to levy such rate at the time and in the manner by law required in respect to the general annual rates ; 4. At the time for levying the annual rates next after the receipt of such precept the secretary-treasurer shall add a column to the tax roll headed : " Execution rate in A.B. versus the municipality of as the case may be " adding a similar column if there are more executions than one and shall insert 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 genei'al annual rate re- turn to the sheriff the precept or precepts with the amount levied thereon deducting his percentage ; 5. The sheriff' shall after satisfying the execution and all fees thereon return any surplus within ten days after receivincy the same to the secretary-treasurer for the general purposes of the municipality ; 6. In case the secretary-treasurer of any municipality against which an execution has issued is not paid by percentao-e'^fixed by bylaw of the municipality he shall be paid for such coHec- 614 1898 MUNICIPAL Cap. 70 69 tions a sum not exceeding two and one-half per centum. No. 8 of 1897, s. 255 ; No. 26 of 1898, s. 1 (39, 40). S44. The secretary-treasurer and asse.ssor of the corpor- Secretary ation shall for the purpo-,es of carrying into effect or permitting islessoT'^"'' 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 suck 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. No. 8 of 1897, s. 256. EX PKOPRI ATION OF LANDS. 'i45. The council of every municipality shall make to the Expropriation owners or occupiers of or other person interested in lands en-°' tered 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 exer- cise 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 deter- mined by arbitration under this Ordinance. No. 8 of 1897, s. 257. 346. In the case of real property which a council has au- corporatioBs thority under this Ordinance to enter upon, take or use without ete^.may act' the owner's consent, corporations, tenants in tail or for life, guardians, committees and trustees shall on behalf of them- selves, their successors and heirs respectively and on behalf of those they represent whether infants unborn, lunatics, idiots, married women or others have power to act as well in reference to any arbitration, notice and action under this Ordinance as in contracting for and conveying to the council any such lands or in agreeing as to the amount of damages arising from the exercise by the council of any power in respect thereof. No. 8 of 1897, s. 258. 341. In case there be no such person who can so act in Appointment respect of such lands or in case any person interested in respect tativrwhCTo to any such lands is absent from the Territories or is un-no person known or in case his residence is unknown or he himself cannot be found a judge may on application of the council appoint a person to act in respect to the same for all or any of the said purposes. No. 8 of 1897, s. 259 ; No. 26 of 1898, s. 1 (41). 348. In case any person acting as aforesaid has not the Paj-ment of ab-solute estate in the property the council shall pay to him awarded and legal interest on the amount to be paid in respect of such pro-™*^'"^^' perty and shall retain the principal to be paid to the person entitled to it whenever he claims the saa)e and exe- cutes a valid acquittance therefor unless a judge in the mean- time directs the council to pay the same to any person or into court : and the council shall not be bound to see to the appli- 615 TO Cap. 70 MUNICIPAL CO. cation of any interest so paid or of any sum paid under the direction of such court. No. 8 of 1S97, s. 260 ; No. 26 of 1898, s. 1 (41). Sums awarded 349. All sums agreed upon or awarded in respect of such incumbrance real property shall be subject to the limitations and charges to as land which the property was subject. No. 8 of 1897, s. 261. Council may make tender of damages 350. The council of any municipality in all cases where claims for compensation or damages are made against them 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 hmds 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. No. 8 of 1897, s. 262. Disputes to be settled by arbitration 351. In any case where a dispute arises between two muni- cipalities or between a person and a municipality involving a claim for the payment of money or damages or between two or more parties for the surplus money in the hands of a muni- cipality in cases where property distrained for the payment of taxes has been sold for more than the amount of taxes and costs either party to the dispute may require that the same be settled by arbitration. No. 8 of 1897, s. 263. . , , 353. In cases where arbitration is authorised either party Appointment . , i • , , i • , ■ , i . K . -^ of arbitrators 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 no^-ice to a municipality shall be given to the mayor or reeve thereof. No. 8 of 1897, s. 264. Appointment in writing or "by bylaw 353. The appointment of all arbitrators shall be in writing under the hands of the appointers or in case of a municipality 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- ing a third. No. 8 of 1897, s. 265. Each party interested may appoint arbitrator 3.54. Where more than two parties are interested each of them shall appoint an arbitrator and if there be an even num- ber of arbitrators the arbitrators so appointed shall appoint another arbitrator or in default at the expiration of twenty- one days after tlie 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. No 8 of 1897, s. 266 ; No. 26 of 1898, s. 1 (42). 616 1898 MUNICIPAL Cap. 70 71 355. In case of neglect or refusal of any party to appoint Omission or an arbitrator when notified to do so or in case of two parties apfomt, ° appointed and being unable to agree upon a third the Lieuten- GoTernm^'' ant Governor in Council shii 11 upon application of any one of may appoint the parties interested in such arbitration appoint a party or parties to act for and on behalf of the part}'' so refusing or a third arbitrator as the case may be. No. 8 of 1897, s. 267 ; No. 26 of 1898, s. 1 (42). 356. In case of an ai'bitration between a municipality and Appointment the owners or occupiers of or other persons interested in real f',.^''*'^'^™*'"'' property entered upon, taken or used by the municipality in municipality the exercise of any of its powers or injuriously afiected thereby if after the passing of the bylaw any person interested in the ^pointment property appoints and gives due notice to the mayor or reeve ^^j.^^'^®''^® 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. No. 8 of 1897, s. 268. 357. In such last mentioned arbitration if, after service council may upon the owner or occupier of or person so interested in the aJwtrator property of a certified copv of the bylaw, the owner or occupier _^, . , ^ J ^"^ -J. £ J. 1. J X Otherparty or person so interested omits tor twenty-one days to name an then to arbitrator and give notice thereof as aforesaid the council q^ ^pp"'"* o"*! the mayor or reeve if authorised by bylaw may name an arbitrator on behalf sf 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. No. 8 of 1897, s. 209. 358. Within ten days after the appointment of the third Meeting of arbitrator the arbitrators appointed shall meet to hear and de- ^'^tutrators termine the matter referred to them. No. 8 of 1897, s. 270. 359. In any of the cases hereinbefore provided the arbitra- Award to be tors shall make their award within one month after the ap- ^mmito "^™ pointment of the third arbitrator. No. 8 of 1897, s. 271. 3<»0. No member, officer or person in the employment of No municipal any municipality interested in any arbitration shall be ap-°^itratOT pointed to act as such arbitrator. No. 8 of 1897, s. 272. 361. Every arbitrator before proceeding to try the matter oath of the arbitration shall take and subscribe the following oath before any justice of the peace or notary public : I, A. B., do swear that I will well and truly try the matters referred to me by the parties and a true and impartial award make in the premises according to the evidence to the best of my skill and knowledge. So help me God. No. 8 of 1897, s. 273. 617 (-1 Cap. 70 MUNICIPAL CO. Evidence on oath Award by majority 263. All evidence taken by any court of arbitration under this Ordinance shall be taken on oath ; any arbitrator is hereby empowered to administer the same. No. 8 of 1897, s. 274. 363. k majority of the arbitrators so appointed shall make the award and a copy thereof shall be furnished to each of the parties interested in the matter referred to arbitration. No. 8 of 1897, s. 275. Arbitrators' fees 364. The arbitrators shall have power to award the pay- ment of a fixed sum by any of the parties to the other fjr the costs of the arbitration or of any portion thereof including fees for their own services as follows : For every meeting where the cause is not proceeded with but an enlargement or postponement is made at the request of any party, to each arbitrator not exceeding $ 2 00 For every day's sitting to consist of not less than six hourp, to each arbitrator not exceeding 10 GO For every sitting not extending to six hours (fractional parts of hours being excluded) where the arbitra- tion is actually proceeded with, for each hour occu- pied in such proceedings to each arbitrator not ex ceeding 2 00 No. 8 of 189'?, s. 276. Notes of evidence, Documents 365. Full notes of the evidence taken by arbitrators under this Ordinance shall be made and together with any documents submitted in proof of any allegations made on behalf of parties interested shall be retained by the chairman of the arbitration or until an order is issued by a judge to produce the same in case of an appeal from the decision of the arbitrators. No. 8 of 1897, s. 277. Award to be in writing Appeal 366. Every award under this Ordinance shall be in writ- ing and under the hands of all or a majority of the arbitrators and shall be subject only to an appeal to the Supreme Court. No. 8 of 1897, s. 278. Powers of court 361. 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. No. 8 of 1897, s. 279. APPLICATIONS TO QUASH BYLAWS. resolutions Quashing 368. In case a resident of a municipality or any other per- a^^*^^' "'■'^^'"^ .son interested in a bylaw, order or resolution of the council 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 treasui'er and that the applicant is resident or interested as aforesaid the judge after at lea^t ten days from service on the municipality of a rule to show cause in this behalf may quash the bylaw, order or reso- 618 1898 MUNICIPAL Cap. 70 73 lution in whole or in part for illegality and according to the result of the application award costs for or against the munici- pality. No. 8 of 1897, s. 235. 260. No application to quash or annul any such bylaw, or- Application aer or resolution in whole or in part shall be entertained byj^^^j^^j^^ any judge unless such application is made within two months from the final pa.ssing of such bylaw, order or resolution. No. 8 of 1897, s. 236. 3T0. Any bjdaw the passajre of which has been procured passage through or by means of any corrupt practices as defined by thisP^^pt*^ ^^' Ordinance shall be liable to be quashed upon any application to practices be made in conformity with the provisions hereinbefore con- tained. No. 8 of 1897, s. 237. 'i7 t. Before determining any application for the quashing of judge may 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 maj- thereupon make an order for an inquiry 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 maj' appoint to conduct such inquiry, and require that upon such inquiry all proceedings witnesses both against and in support of such bylaw be orally ™ "«i"'ry examined and crossexamined upon oath; and the said judge upon the taking or return of said evidence as the case may be may upon notice to such of the parties concerned as he thinks pro- per 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 (juashing said bylaw and order the Subsequent costs attending such proceedings to be paid by the parties or p™''^®'*"^* any of them who have supported said bylaw ; and if it appears Costs that the application to quash said bj'law ought to be dismissed the said judge may so order and in his discretion award costs to be paid by the persons applying to quash said bylaw. No. 8 of 1897, s. 238. JJl/J. After an order has been made by a judge directing an Proceedings inquiry and after a copy of such order has been left with the^"y|^ef'^ secretai-y treasurer of the municipality of which the bylaw is in question, all further proceedings upon the bylaw shwll be stayed until after the disposal of the application in respect of which the inquiry lias been directed ; but if the matter is not prosecuted to the satisfaction of the judge he may remove the stay of proceedings. No. 8 of 1897, s. 239. 313. 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 pFlo'tion on by reason of such illegality gives any person a right of action i^i^gai ^y'^""' no such action shall be brought until one month has elapsed after the bylaw, order or res-.)lution has been quashed or re- pealed nor until one month's notice in writing of the intention G19 74 Cap. 70 MUNirlPAL C. 0. to bring action has been oiven 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. No. 8 of 1897, s. 240. Tender of ameuds Costs 374. In case the municipality tenders amends to the plain- tiff or his advocate, if such tender is pleaded and (if traversed) proved and if no more than the amount tendered is recovered the plaintiff shall have no costs but costs shall be taxed to the deft-ndrint and set off against the verdict and the balance due to either party shall be recovered as in ordinary cases. No. 8 of 1897, s. 241. Setting aside 215. No bylaw shall be set aside for corrupt practices pro- practicra^'' vided the passage thereof was not effected by such corrupt practices. No. 8 of 1897, s. 242. Oaths and declarations of property qualifications OATHS OF OFFICE AND QUALIFICATION. 5416. Every person elected or appointed under this Ordi- nance to any office requiring a qualification of property stiall before he takes the oath of office or ent'='.rs on his duties make and subscribe an oath to the following efi'ect : I, do swear that I am a British subject ; that I had at the time of my election or appointment to the office of in the municipality of (as the case may 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 natv.re of it) and is of the value of dollars over and above all charges, liens and incum- brances affecting the same. (Signature.) A.B. No. 8 of 1897, s. 280. Oath of office 3T1. Every 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 swear that I will truly, faithfully and impartially to the best of my knowledge and ability ex- ecute the office of to which I have been elected or appointed (as the case may he) in the municipality of and that I have not received and will not receive any payment or reward or promise of such for the exercise of any partiality or neglect or undue execution of the said office and that I have not myself or on behalf of any other person either directly or indirectly any interest in any contract with or on behalf of the said municipality. No. 8 of 1897 s 281 • No. 26 of 1898, s. 1 (48). Oath of auditors as such shall take the 318. Every auditor before acting following 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 f;20 1898 MUNICIPAL Cup. 70 75 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 preced- ing m}' appf)intment (except as auditor, if such he the case) and that I have not any contract with the said municipality except that of auditor for the present j'ear. No. 8 of 1897, s. 282. 3T9. Every member of the council and the subordinate Oath of office officers of the rnunicipality shall take the oaths of office and be taken qualitication 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. No. b of 1897, s. 284. PENAL CLAUSES. 280. If the secretary treasurer fails to furnish ballot boxes Penalties 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. No. 8 of 1897, s. 285. 381. Any person who : (a) Without due authority supplies any ballot paper to any person ; or (&) Fi-audulently puts into the ballot box any pa.per other than a ballot paper which he is authorised to put in ; or (c) Fraudulently takes out of the polling place any ballot paper; or {d) Without due authority destroys, takes, opens or other- wise interferes with any ballot box or packet of bal- lots then in use for the purpose of the election ; shall be guilty of an offence and on summary conviction thereof be liable to a fine not exceeding $200 and costs of pro- secution. No. 8 of 1897, s. 286 ; No. 26 of 1898, s. 1 (44). 383. Any deputy returning officer, poll clerk, candidate or Offences at agent who interferes or attempts to interfere with any voter ;n®'®°'^°°^ 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 lialile to a fine not exceeding $400 and costs of prosecution or imprison- ment not exceeding one year or both. No. 8 of 1897, s. 287. 383. If any officer of the municipality refuses or neglects Neglect to perform any duty required of him by this Ordinance he shall °' ^'^^'^ on conviction thereof be fined in a sum not exceeding $100 No. 8 of 1897, s. 288. 631 70 Cap. 70 MUNICIPAL C. 0. Penalties, how to be recovered 384. Every fine and penalty imposed by or under the 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. No. 8 of 1897, s. 289. Bylaws providing penalties lor olfences INFRACTION OF BYLAWS. PENALTIES. 5i85. The council of every municipality may pass bylaws for inflicting reasonable fines and penalties not exceeding SlOO exclusive of costs for breach of any of the bylaws of the municipality and for inflicting reasonable punishment by imprisonment with or without hard labour either in the lock- up house of the municipality or in the nearest common gaol for any peiiod not exceeding thirty days in case of nonpay- ment of the tine 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 committal are sooner paid. No. 8 of 1897, s. 291. ACTIONS AGAINST MUNICIPALITIES. Actions against municipalities 386. 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 yjcrson other than a servant or agent of the muni- Remedy over cipal corporation the last mentioned corporation shall have a remedy over against the other corporation or person for, and may enforce payment accordingly of the damages and costs with anj' 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 a^ aforesaid placed, made, left or maintained by the other corporation or person ; and the municipal corporation may in such action have the other cor- poration (ir person added as a party defendant or thii-d party for the purposes hereof, if the same is not already a defendant in the action jointly with the municipal corporation, and the other corporation or person may defend such action as well as the plaintiff's claim as against the claim of tiie municipal cor- poration to a remedy over ; and the court or judge upon the 622 1898 MUNICIPAL dxi-. 70 77 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. No. ti of 1897, s. 292. 381. The council of any municipality upon any claim being Tender or made or action brought for damages for alleged negligence on^o^rt®"""'" 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 awai'ded to the defendants and set off against any verdict which shall have been obtained against them. No. 8 of 1897, s. 293. SCHEDULE. FORM A. Notice for Nomination at Elections. Notice. Municipality of Public notice is hereby given that a meeting of the electors of the municipality aforesaid will be held at {description of place) on {day of 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., Returning Officer. FORM B. Polling Notice 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 S'ime day of the loeek as for nomination of the next following week) the day of 1 , from the hour of nine of the clock in the morning till five of G23 '''S Cap. 70 MUNICIPAL C, 0. 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) consist- ing of (or bounded as follows or otherwise describing it clearly) at (clrscribivg the pollivg station and so continuing for all the other polling divisions and stations in the mv.nicipality). 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 0. H., Returning Officer. 624 1898 MUNICIPAL Cap. 70 79 o fa Pi Pi Q f4 Bull. ^n ;> M 'o a P-i pi Pi 'S" o 5- ^*— ^ 1 o Jones. S . J. 03 < ■H.^ O •^ fe Smith. . I— 1 O 12; 'S (g ^ Adam. tH O ^ Brown. ^ ra" Campbell. P3 <«■' O 5 Hamilton. 'S c 'S y s _^ s I P3 o O O p4 •^ 'm Parley. o -s =*H'Ti ^ g^- o-§ 5=^ O O Richardson. "c-s lO rt '^ •S'S -*i •~. S^^ Swinford. r^ ■■<- W -^ d ^ ' o si 5- ^ 40 625 so Cap. 70 MUNICIPAL C. 0. FORM 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 votpr votes for more candidates than he is by law en- titled to vote for his ballot paper will be void unless he dis- covers the fact before the same is deposited in the ballot box when he can obtain a new one from the returning officer. If the voter inadvertently spoils a ballot paper he can obtain a new one on satisfying the returning officer of the fact. If the voter places any mark on the ballot paper by which he will be afterwards identified his ballot paper will.be void. The voter after he has make 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 con- ceal the manner in which he has voted and shall deliver the same to the deputy returning officer and shall forthwith quit the polling place. 626 1898 MUNICIPAL FORM E. Voters' List. Cap. 70 81 a '■+3 S3 • ^ -2 CJ o •-' > c o C SI I"" O c3 -Oh ■la .s s si -^ I— I o ce **-' *-S o Oi c3 121 o ft o ' u - - ft ' c B ft ce CO -a d O CO ? tf rt 40J 627 S2 Cap. 70 MUNICIPAL C. 0. o '3 '3 D o « •aoi!)on JO SuT^sod JO jfjoAnap JO a^BQ; uorj'BX'Ei racij ^dma -xg; ifijaadoarl ju 8nii3j\^ ■(juarasssss'B jo a^'SQ | •sgofi i •sSoH 1 ■sesaojj 1 daaqs | ■sm^Q 1 •jC|irai?j UT aaqtunu p^oj, ■uoiSi[a'}j 1 ■UOI^BA -i!)jno japun jaqran^j •pasyass'B saJOE JO jaqtunjij •uos -jad aiq'EX'B^ jo aSy •araoouT puB XijJiadoad jBuosjad pu'B juaj JO quauissassB i;b^0Jj aiuooui ai^q^x^ji •iCqjadoad juuosjad JO an[BA qs'EQ •uoajaq^ s^juam aAOjduii JO anf'EA I'S'^aj^ ■uoKjad afq'BX'B^ eH'j jo majaqj :(saja^uT eu^j JO 'Aaadojd paa JO %oi JO poind qoBa JO an|iiA qsBO pnqoii aqj. -^^ ^ =s. ri c^ ■-^ ^ ^„?n-*^ ^'^ " C 0) O 43 . ft •araoo -ui) 'ouj \;und .nooo) '000 '(jauAio) 'aq. •ssaappB aago ?soj; ^— ^ >j cj oj ^ a> 4J ^ ^ Q ^ ^ -t^ -*^ .^ ■*^ « ■ 0) g X K 2 ft c ft 3 3 c o b. j= ^ S "" g ^ P c ^ 3 -i^ o •(juamssassu jo 'ojj 628 1898 MUNICIPAL Cap. 70 83 FORM G. Transfer of Land ox Sale for Taxes. I of the in the North-West Territories, secretary treasurer of the muni- cipality of by virtue of the authority vested in me by The Municipal Ordinance to sell lands for arrears of taxes do hereby in consideration of the sum of dollars paid to me by of being the price for which the said land was sold at a sale by me on the day of 1 for arrears of taxes due on said land to the said municipality, transfer to the said all that piece of land being In witness whereof I have hereunto set my hand and the seal of the said municipality this day of 1 Signed by the above named in presence of Affidavit of witness to he indorsed on transfer. CANADA. \ North-West Territories . ( To wit : r I ' of {residence) in the North- West Territories, (occupation) make oath and say : 1. I was personally present and did see named in the within instrument who is personally known to me to be the person named therein, he being the secretary treasurer of the municipality of duly sign and execute the within instrument for the purposes named therein ; 2. That the said instrument was executed at in the said Territories ; and that I am the subscribing witness thereto. 3. That I personally know the said and he is in my belief of the full age of twemty-one years. Sworn before me at in the North-West Territories this day of 1 629 Annual statement of railway company to municipality and school district Lands to be Roadway and super- structure assessment Collection of ta,xes 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 treasui-er 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. No. 7 of 1892, s. 1 ; No. 27 of 189-5, s. 1 ; No. 38 of 1897, s. 40 (2, 8). 2. The secretary treasurer of such municipalitj' 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 asses- sed. No. 27 of 1895, s. 2 ; No. 38 of 1897, s. 40 (4). S. Whether such statement in section 1 of this Ordinance is placed 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 $1,4300 per mile. No 27 of 1895, s. 3 ; No. 38 of 1897, s. 40 (5, G). 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. No. 27 of 1895, s. 5. Exemption »• Railway companies shall not be liable for assessment in any school district or municipality in the Territories for the payment of anv debenture indebtedness existing on the thirty- first day of December 1892. No. 7 of 1892, s. 3. 630 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. " short title No. 27 of 1898, s. 1. INTERPRETATION. 'i. In this Ordinance — interpretation (1) The expression "voter" means any man, unmarried ""^°'^<"'" woman or widow of the full age of twenty-one years who re- sides within any village created or existing hereunder and who possesses, holds or occupies any land therein under any title. (2) The expression "village" means and includes any village "^'Uage- or unincorporated town heretofore organised as such and any village hereafter organised under the provisions of this Ordin- ance. No. 27 of 1898, s. 2. ESTABLISHMENT OF VILLAGES. 3. Whenever the commissioner of public works is satisfied Notice of by such proof as he may require that any portion of the Ter- to establish ritories (no part of which is within the limits of any incorpor- ^' '^^^ ated city or town or rural municipality) contains not less than ten dwelling houses he may cause notices to be posted up in three conspicuous places within such area (one cf which shall be the post office therein) that it is proposed to establish the same as a village after the expiration of thirty days from such posting. No. 27 of 1898, s. 3. 4. After the expiration of the said thirty days the Lieuten- ^^^™'*™®°' ant iGrOvernor in Council unless a majority of the voters within the area aforesaid by petition addressed to him object may by order e.stablish the said ai ea as a village under the name of the post office therein and shall define its boundaries, fix a day for the election of an overseer and appoint one of the voters of the said village to act as returning officer at the election of such overseer. No. 27 of 1898, s. 4. OVERSEER. 5. The first election of overseer and all later elections shall ^l°^-^^^y^^^ be conducted as follows : of overseer 1. The returning officer shall by public notice posted in the post office and two other conspicuous places in the village at least one Avcek before the election call a meeting of the voters 631 Cap. 72 VILLAGES CO. for the election of an overseer to be held on the day fixed therefor ; 2. Election meetings shall be called to commence at the hour of seven of the o'clock in the evening of the day appointed, or if such day be a Sunday or a holiday, on the next following day which is not a Sunday or holiday ; 3. Nominations may be made during the first half hour of the meeting; 4. Male voters and no other persons shall be eligible for election as overseer; 5. When the time for nomination has closed — (a) If only one person has been nominated the returning officer shall declare such person to be elected overseer ; (b) If more than one person has been nominated the re- turning officer shall at once proceed to take the vote of the meeting which shall be by open voting ; 6. Every person tendering his vote shall before his vote is received make and sign before the returning officer a declara- tion in form A in the schedule hereto; 7. The returning officer shall declare elected the nominee having the largest number of votes ; 8. In case of an equality of votes the returning officer shall give the deciding vote but shall not vote otherwise. No. 27 of 1898, s. 5. False declaration penalty 0. Any person wilfully making a false declaration as a voter shall be guilty of an offence and liable on summary con- viction to a penalty not exceeding |10. No. 27 of 18y8, s. 6. Return to commissioner of public works 7. The returning officer shall make a return to the commis- sioner of public works showing the result of the election and shall send therewith the declaration signed by the voters and his OM^n declaration in form B in the .schedule hereto. No 27 of 1898, s. 7. Overseer's bond 8. The person elected as overseer shall within five days of 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 No 27 of 1898, s. 8. Overseer _ 0. Until such bond is furnished the person elected shall not act as overseer. No. 27 of 1898, s. 9. Another election on failure of overseer to give bond 10. If such bond is not delivered to the returning officer within such time he shall proceed to hold another election as soon as maj' be consistently with the giving of notice as herein provided. (2) At the election so to be held the person making default in delivering such bond shall not be eligible for such election 632 1898 VILLAGES Cap. 72 (8) The previous election shall become void on the election of another person under this section. (4) Immediately, on receipt of the bond the returning othcer shall transmit it to the commissioner of public works. (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 in the first instance. No. 27 of 1898, s. 10. 11. The first overseer elected in any village shall enter on First his duties at once after furnishing his bond and shall hold tenn of oWe office for the remainder of the calendar year in which he was elected and until his successor has furnished his bond. (2) The overseer elected at elections subsequent to the first Term of office election shall hold office for the calendar year ensuing the day °*,|J^g^|^j.i'^™' on which the election is required to be held hereunder and un- til his successor has furnished his bond. (3) In case of a vacancy occurring in the office of overseer proceedings the Lieutenant Governor in Council may order another elec- '"^ '"^^® °* tion or appoint an overseer tor the unexpired term, m which latter case the Lieutenant Governor in Council may dispense with the overseer's bond otherwise required. No. 27 of 1898, s. 11. \'i. The Lieutenant Governor in Council may if he sees fit Removal of remove any overseer from his office and appoint a commissioner appointmra't in his stead and any such commissioner shall have all the™ . . powers of the overseer and such other powers in regard to the conduct of the village affairs ac- may by the Lieutenant Gover- nor in Council be deemed proper and necessary. No. 27 of 1898, s. 12. 13. The election for overseer shall be held in each village Election of on the second Monday in December in each year and for the overseOT"* purpose of such election the overseer shall appoint in writing before the first day of November in each year a returning oflBcer ; and should the person so appointed decline or be or be- come unable to act the overseer shall forthwith appoint another in his stead. (2) The returning officer shall receive a fee of $3. No. 27 of Retm-ning 1898, S. 13. officer's fees 1 4. Whenever the due election of a person to be overseer Proceedings or the sufficiency of the bond furnished by him is disputed, ^yeraee?o°^ any voter may on depositing, within one month after declara- i,o^(j'|"g^u°g^ tion of the election, with the clerk of the Supreme Court for the judicial district wherein the village is situated (or the deputy clerk if the village is within a deputy clerk's district) the sum of $50 as security for such costs as a judge may order him to pay and on alleging reasonable grounds therefor, obtain a rule nisi calling on the person elected to show cause why he should not be removed from the said office. 633 Cap. 72 VILLAGES CO. (2) The judge may on the return of such rule dispo.se of the same summarily or direct that it be set down for trial of the questions raised thereby as an action in Court. (3) Upon such summary disposal or trial the judge may order that the overseer be removed from the office and that another person be admitted thereto or another election held as justice may require and the judge may make such orders as are neces- sary for the carrying out of the judgment or order. Costs of the proceedings shall be in the discretion of the judge. No. 27 of 1898, s. 14. MEETINGS OF VOTERS. busings ' ^' ■^^ annual business meeting of the voters shall be held meeting in the village before the fifteenth day of April in each year which meeting shall be called by the overseer who shall give notice thereof for the period and in the manner required for election meetings. No. 27 of 1898, s. 15. statement by overseer at annual meeting Order of business at annual meeting 1 0. The overseer shall at the annual village meeting submit to the voters a statement of the estimated total expenditure of the village for the current year which shall include — («) The amount payable in such year on any debt contracted hereunder ; (b) Drainage and street improvements ; (c) Construction of sidewalks : (il) Fire protection and water supply ; (e) Purchase of property for village purposes ; (/) Scavenging ; (g) Contingencies ; (A) Remuneration of overseer. No. 27 of 1898, s. 16. 17. At the annual meeting the order of busine.ss shall as nearly as possible be as follows : 1. The election of a chairman and secretary ; 2. The reading and dealing with — (a) The minutes of last annual meeting ; (b) The overseer's return provided for in section 40 hereof and the auditor's report ; 3. The consideration of the overseer's statement of estimat- ed expenditure and deciding thereon ; 4. The election of an auditor and fixing his remuneration ; 5. Such other general business as may concern the village but not exceeding the powers given herein. No. 27 of 1898 s. 17. tofpre^'enuon * ^' "^^^ votcrs may at the annual meeting or at a special and'^rotlction ™^^*'^'^^ "^"'^ called for the purpose, in addition to their other from'flre^*' '°" powers, make regulations further than those herein contained 634 1898 VILLAGES Cap. 72 for the general cleanliness of and prevention of disease in the village, including the employment and remuneration of a scav- enger, and also for the protection of property from fire. No. 27 of 1898, 9. 18. 19. The overseer may whenever he deems fit or upon being special requested so to do by any five voters in writing giving the ob- ™®®'''"^-'' ject of the meeting shall call a special meeting of voters ; notice shall be given of all special meetings as in the case of the an- nual meeting but also stating the purpose of the meeting. No. 27 of 1898, s. 19. ASSESSMENT AND TAXATION. 30. The necessary revenue of the village shall be raised by Revenue, the levy of a j'early rate upon the property therein not exceed- '^°^™'^^'^ ing ten mills on the dollar of the assessed value. No. 27 of 1898, s. 20. 31. The overseer shall forthwith after the annual meeting Assessment assess all real and personal property in the village not exempt from taxation under The /School Ordinance, and shall prep.-ire an assessment list shewing the name of each person assessed, the property in respect of which he is assessed and the assessed value. No. 27 of 1898, s. 21. %%. The overseer shall thereupon mail to or leave at the Notice of usual or last known place of abode of each person assessed assessment written notice 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 the notice. No. 27 of 1898, s. 22. 33. 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 li^t ; such oath shall be indorsed on the assessment list and shall be priyna facie evidence that the assessment was duly made and that the notices were duly given. No. 27 of 1898, s. 23. 34. Any voter or person assessed may within one month Appeal from after the mailing or delivery of the notice appeal to a justice and*'™""' of the peace from such assessment ; the justice shall fix a place f^'°rlon'°^'' and a time within two weeks from the last day for giving notice at which he will hear appeals ; all appeals shall be de- termined within one week after the time fixed for hearing them ; the overseer shall amend his assessment in accordance with the decision of the justice; 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. No. 2*1 of 1898, s. 24. 35. After the assessment has been completed and the appeals, striking if any, disposed of, the overseer shall strike such a rate not ex-^"^^**^ 635 Cap. 72 VILLAGES C. 0. ceeding the amount mentioned in section 20 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. No. 27 of 1898, s. 25. Tax list, Notices Entrj' on tax list Oath of overseer 30. The overseer shall then prepare a lax list in which he shall set down the name of every person assessed, the assessed value of his property and the taxes payable by him as com- puted at the rate arrived at as hereinbefore provided ; he shall then mail to or leave at the usual or last known place of abode of each person a notice 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 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 indorsed on the tax list and shall be privia facie evideiice of the truth of the statements contained in it. No. 27 of 1898, s. 26. Notice of assessment of property of unknown owners 3T. If the owners of any property in the village are not known to and cannot be ascertained hy the overseer the notices of assessment and taxes shall be posted securely in a conspic- uous place in the village and such posting shall be deemed due service. No. 27 of 1898, s. 27. Proceedings on default of payment of taxes Levy by distress 38. In case any person neglects to pay his taxes for thirty days after such notice as aforesaid the overseer shall by him- .self 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 village or of any goods or chattels found on the premises the property of or in the posses.sion of any other occupant of the premises and may impound the same on the premises where distrained and no claim of property lien or privilege shall be availaljle to prevent the sale or the payment of the taxes and costs out of the proceeds of the sale thereof. No. 27 of 1898, s. 28. Recovery of taxes as debt 39. Taxes may be recovered with costs as a debt due to the overseer in which case the production of the tax list shall be prima facie evidence of the debt. No. 27 of 1898, s. 29. Taxes a special lien Enforcement of lien 30. The taxes accruing upon or in respect of any land in the village shall be a special lien upon such land having prior- ity over any claim, lien, privilege or encumbrance thereon and such special lien may, after the taxes for two years have be- come in arrear, be enforced and all accrued taxes realised by sale of the lands by the overseer under and subject to the direction of a judge of the Supreme Court. No. 27 of 1898 s. 30. POLL TAX. Poiitax 31. Except members of the North- West Mounted Police force or of any fire company daly organised in the village every 636 1898 VILLAGES Cap. 72 7 male inhabitant thereof of the age of eighteen years or over who has resided in the village for a period of nine months and is not assessed for property in the village shall be taxed $1.25 yearly which shall be payable on demand of the overseer and Recovery may be recovered in such uf the modes provided for collection of the other taxes in the village as may be applicable ; any Penalty f6r person refusing or neglecting to ))ay such tax shall on summary "™'"^''™®"'^ conviction thereof be liable to a penalty of $2. No. 27 of 1898, s. 31. DOG TAX. 33. Every person who keeps or harbours any dog or bitch Dog taxes shall pay a yearly tax of $1 for each dog and %2 for each bitch so kept or harboured ; such tax shall be payable on demand of the overseer and may be recovered in such mode herein pro- vided for the collection of taxes as may be applicable ; if the Recovery tax is not paid after demand uf the overseer he may cause the dog or bitch to be destroyed ; any person refusing or neglect- ing to pay such tax shall on summary conviction thereof be liable to a penalty of $2. No. 27 of 1898, s. 32. HAWKERS AND PEDLERS. 33. No person shall follow the calling of a hawker or pedler Hawkers and in any village without first having obtained the written per- ficen/ed'° ''^ mission of the overseer and having paid to such overseer the sum of $0 to form part of the village fund. (2) Such sum shall be in addition to any Territorial license fee and shall entitle the person paying the fee to follow the bu.siness of a hawker or pedler in such village for the six months next ensuing the date of such written permission. No. 27 of 1898, s. 83. VILLAGE EXPENDITURE. 34. The funds of the village may from time to time be ex- Expenditure pended by the overseer for the purposes and in accordance ^''°^®''^^®'' with the estimates as pa.ssed at the annual meeting and subject to such further directions as may at any special meeting be made regarding the same. No. 27 of 1898, s. 34. 35. The overseer may incur any debt not exceeding SI 00 Overseer may for village purposes pending the collection of taxes ; all debts dlbtVending shall subject to the provisions herein contained be paid before ^"^^l^""™ °^ the thirty-first day of December in each year. No. 27 of 1898, s. 35. 36. The overseer may subject to the vote of two-thirds of Limited debt the voters present at the annual meeting or at a special meet-J^^Jj.^®^fQj. incT called for the purpose of considerini>- the same and after re- fire appliances ? . , *■ 1 I. , 1 • • ' i; 1 1 I • or permanent ceivinf> the approval ot the commissioner oi publ c works incur improvements a debt on behalf of the village not exceeding S500, payable at a date not later than five' years from the incurring of the obliga- tion, for fire appliances or permanent improvements in the vil- 637 Cap. 72 VILLAGES CO. lage ; the moneys payable in each year on any such debt shall be a first charge on the taxes collected in the village in such year. No. 27 of 1898, s. 36. SUITS BY OR AGAINST VILLAGE. Suits by or against village ST. Suits by or against the village may be brought by or against the overseer as representing the village. No. 27 of 1898, s. 37. Enforcement 38. In the event of judgment being obtained against the again^™™ oversecr for any liability of the village it may be enforced by village execution rate levied by the sheriff in the manner provided for like cases in The Municipal Ordinance. No. 27 of 1898, s. 38. overseers' duties AND POWERS. Duties and powers of overseer 39. The overseer shall have the following duties and powers: 1. He shall carry out the orders of the voteis as expressed at the annual or any special meeting of the voters in respect of public works and expenditure of village funds and such gener- al orders as may be given upon matters concerning the village; 2 He shall enforce the provisions of this Ordinance and all regulations made thereunder ; 3. He shall make such regular inspection of premises in the village as may be neces-^ary to carry out the provisions herein re.specting nuisances and the prevention of disease and of lire ; 4. He shall have charge of all village property ; 5. He shall keep a record of all taxes levied and collected and of all moneys received and expenditures made by him and give and take receipts for all moneys received or paid out by him as the case may be ; 6. He shall keep or cause to be kept full and accurate min- utes of each village meeting other than election meetings which minutes shall record by whom all motions were moved and seconded and the result of them ; 7. He shall have the public improvements estimated in each year completed before the first day of November in each year ; 8. He shall on application in reasonable hours produce to the auditor for inspection all books, accounts, minutes, lists and records of the village ; 9. He shall impound or cause to be impounded animals running at large. No. 27 of 1898, s. 39. ANNUAL RETURN OF OVERSEER. by overseer Annual return 40. The overseer shall on or before the first day of Decem- bv overseer ^^^^ -^^ ^^^^ ^^^^ render to the commissioner of public works a return in writing shewing— (a) Amount of money collected ; 638 1898 VILLAGES Cap. 72 9 (b) The amount expended and for what purposes showing 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 regulation made hereunder, in his village, stating penalty imposed and the name of the convicting justice ; (e) A list of taxes unpaid giving names of persons in de- fault. (2) The overseer shall submit a copy of such account to the voters at the annual business meeting. No. 27 of 1898, s. 40. ANIMALS RUNNING AT LARGE. 41. The voters may at any meeting resolve that animals Running at shall not be permitted to run at large in the village or in any an'iSa^s may part thereof in or during any period of the year. be forbidden (2) Whenever the voters have so resolved, no horse, mule, jack, cattle, sheep, swine, goat, goose or other poultry shall be permitted in or during such period to run at large in the village or such part thereof and it shall be the duty of the overseer overaeer to to appoint a poundkeeper whose duty it shall be to keep and ^PP^^j^g^pg^ maintain a pound in the village for the impounding of estray animals of the description aforesaid. (3) In so far as they are not inconsistent herewith the Tpvo- Pound visions of The Pound District Ordinance shall apply and be ordinance followed, and observed in all respects as if such village were *°^i'p^'' a pound district under said Oidinance. (4) The overseer shall when any resolution is passed as pro- overseer to vided in this section notify the commissioner of agriculture of '^°'^'*y.„„.„ „„ ,_. ^^ „„„■',, * commissioner the same. No. 27 of 1898, s. 41. of agriculture PREVENTION OF DISEASE. 43. For the prevention of disease the following regulations Precautions shall be observed in each village : prevention of disease 1. Privy pits shall be emptied and disinfected with lime between the first day of April and the fifteenth day of Novem- ber in each year ; 2. No privy pit shall be allowed to become offensive at any time ; 3. 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 pit shall be used; 5. No person shall deposit or cau=-e to be deposited in any place other than in 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 ; 639 10 Cap. 72 VILLAGES C. 0. 7. All garbaofe, swill, slops and other rubbish shall be placed in suitable receptacles and i-emoved regularly every week be- . tween the fir.st 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 of offensive odor; 11. Foul water shall not be allowed to accumulate on any property ; 12. Any person contravening any of the provisions of this section shall be guilty of an nffence and liable on summary con\iction thereof to a penalty not exceedmg SlO. No. 27 of 1898, s. 42. PREVENTION OF FIRE. Precautions 43. For the prevention of fire the following regulations of^'flre^^™*'™ 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. Quantities greater than twenty-five pounds shall be stoi-ed at least one hundred feet from any building ; 2. No person shall keep on any premises a greater quantity of kerosene than three barrels thereof except it be stored at least sixty-six feet from any building ; 3. No person shall have or erect on any premises any build- ing 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 is at least one hundred feet distant from any other building ; 4. No person shall have any stack of grain, hay or straw on any premises within two hundred feet of any building ; 0. No pei'son shall enter any stable or barn with any can- dle or lamp not enclosed in a lantern ; nor with a lighted pipe, cigar or cigarette ; 6. No person shall set out fire within fifty feet of any building : Provided that any blacksmith may build a fire within fifty feet of his shop for the purposes of his trade ; 7. No person shall deposit any ashes in any wooden con- tainer unless it be lined with metal ; 8. All ovens and furnaces shall be properly connected with a chimney of bric-k, 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 floor through which it passes unless such stovepipe be surrounded in such phttitionor floor by a thimble of brick, cement or concrete at least two 640 1898 VILLAGES Cap. 72 11 inches in width and of the full thickness of such partition or floor ; and every such stovepipe shall be inserted into a chim- ney 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 pi-oprietor 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 ; 12. Any pi^rson contravening any of the provisions of tliis section shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding $10. No. 27 of 1898, s. 43. REMUNERATION OF OVERSEER. 44. The remuneration of the overseer shall be fixed at the Remuneration annual meeting but shall not be more than $100 nor less than°' overseer $15 together with 2J per cent, of all taxes collected by him and the overseer may retain his said remuneration at the ex- piration of his term of office out of the moneys then in his hands. No. 27 of 1898, s. 44. AUDIT, ETC. 45. It the expiration of the term of office of any overseer Audit of^ or upon his cea.sing to hold office for anj- cause all books, bloks^ete., accounts, records, lists, vouchei-s, moneys and other property of ^°^,'^''^}*"''®''5' '^^ the village shall be examined by the auditor and handed over to the successor in office of such overseer ; the auditor shall Auditor to make a full report thereon to the next meeting of the voters.^''''"'' No. 27 of 1898, s. 45. OFFENCES AND PENALTIES. 46. Any overseer neglecting or refusing to render a true Penalties and correct account as and when required herein or refusing or neglecting to hand over to his successor in office any property of the village as directed by the foregoing section shall be guilty of an offence and shall be liable on summary conviction thereof to a penalty not exceeding $50. (2) Any overseer neglecting or refusing to discharge any other duties 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 Ordin- ance, shall be liable on summary conviction thereof to a penalty not exceeding $25. (4) Fines imposed for the infj-action of this Ordinance or of Disposition any regulation made hereunder shall be paid to the overseer to"**'"'''' form part of the village funds. No. 27 of 1898, s. 46. 41 641 12 Cap. 72 VILLAGES CO. HAMLETS. Provisions respecting prevention of Are and disease to apply to hamlets 41. The provisions of this Ordinance respecting prevention of fii-e and disease shall as well as to villages existing here- under appl}' to every place in which five or more occupied dwellings are within any area not exceeding half a square mile and which is not included within the limits of an incorporated town or city. No. 27 of 1«98, s. 47. TITLE TO REAL ESTATE. Real estate to 48. The title of any real estate owned or purchased or Lieutenant otherwise acquired by any village shall be vested in the Lieu- Governor tenant Governor who shall hold the same for the purposes of the village. No. 27 of 1898, s. 48. ALTERATION OF BOUNDARIES. Alteration of 49. The Lieutenant Governor in Council may alter the boundaries of any village and add or take from the area of the same. No. 27 of 1898, s 49. NOTICE OF MEETINGS. Publication of notices 50. Any notice required by this Ordinance for calling meet- ings may be published in any newspaper published in such village instead of being posted as elsewhere provided herein. No. 27 of 189.S, s. 50. SCHEDULE. FORM A. I A.B., hereby declare that I am of the full age of twenty- one years ; that I reside within the village of and that I possess, hold or occupy bind within the said village and {in case of a female I am an unmarried woman or a widow as the case may be.) Sgd. G42 1898 VILLAGES Cap. 72 13 FORM B. Village of I returning ofBeer 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 for the said village. Sworn before me at \ this day > of if FORM C. Know all men by these presents that we of and of are held and tirmly bound unto His Honour the Lieutenaftt Governoi- 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. Sealed with our seals. Dated the day of 1 WHEREAS under the provisions of The Village Ordinance was, on the da 3' of 1 duly elected to the office of overseer in the village of Now the condition of this obligation is such that if the said shall at all times until his surcessor in such office is duly appointed ac- cording 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, ren- ders account and delivery of all uionej's and property of any nature v\hich may or but for the default of the said would have come into his hands as such overseer and if the Paid in all respects faithfully performs his duty as such overseer in said village, then this obligation shall be void but otherwise shall remain in full force and virtue. Signed, sealed and delivered in ^ [Seal] the presence of >■ ) [Seal] 41^ 643 14 Cap. 72 VILLAGES C. 0. Affidavit of 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 myself say that I am worth property situate in the North- West Terj'itories to the value of three hundred dollars over aiid 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 | severally sworn before me at )> this day of 1 N.P. or J.P. 64+ CHAPTER 73. An Ordinance respecting Local Improvement. 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 T/ie Local Im-provement short title Ordinance. No. 10 of 1897, s. 1 ; No. 28 of 1898, s. 19. INTERPRETATION. 3. In this Ordinance, unless the context otherwise requires — interpretation 1. The expression "resident" means any owner or occupant "Resident" of land, over eighteen years of age, residing in the area estab- lished or proposed to be established as a local improvement district ; 2. The expi'ession "person" includes corporations, joint stock "Person" companies and partnerships ; 3. The expression "year" means the twelve months com-""^e^r" mencing on the fifteenth day of March in any year and ending on the fourteenth day of March in the following year (both days inclusive) ; 4. The expression " commissioner " means the commissioner g'ioSOT^'^ of public works ; 5. The expression "district" means any local improvement "District ' district organised or constituted as such at the date of the coming into force of this Ordinance and any local improve- ment district hereafter organised or constituted under the provisions hereof ; 6. The expression "overseer" means the overseer of a local "Overseer" improvement district duly elected or appointed under the pro- visions of this Ordinance. No. 10 of 1897, s. 2 ; No. 28 of 1898, s. 1. ORGANISATION AND REORGANISATION. 3. The Lieutenant Governor in Council may by Order what districts (notice of which shall be published in the official gazette) con- ™|^i5igea stitute any portion of the Territories into a district and give the same a distinctive number : Provided that no part of a district shall be within the limits of a municipality or village created under The Village Ordi- nance; Provided also that no district shall be erected unless there shall be a population residing within such proposed district in the proportion of one resident to each three square miles of area; 645 Cap. 73 LOCAL IMPROVEMENT. CO. Notice to be given To whom addressed Provided further that no district shall be erected containing a population of less than twelve resi'dents ; Provided further that no district shall comprise an area greater than seventy-two square miles. (2) Before constituting any district a notice of intention to do so shall be published in the official gazette and posted in at least one post office within such proposed district (or if there be no post office in such district then in the post office nearest thereto) at least thirty daj^s prior to making such order. (3) Such notice shall be addressed to the postmaster at such 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. No. 10 of 1897, s. 3. How districts may be reorf^anised Proviso 4. Where a district has been organised the commissioner may order the reorganisation or subdivision of such district in the manner which he may consider to be to the best interests of the residents of such district ; and notice of such reorganisa- tion or subdivision shall be published in the official gazette : Provided always that every subdivision of any district shall contain a population in the proportion as fixed by section 3 of this Ordinance. Division oj (2) When any district has been reorganised or subdivided as reorglmsation provided by the subsection next preceding, the commissioner shall order such division of the funds and property of the original district to be made between the two or more new dis- tricts as he mav see fit. Districts may be enlarged Proviso Road allowances Boundary road allowances Disorgani- sation (3) When he deems it expedient to do so the commissioner may order that the area of any district shall be increased ; and notice of such increase in area shall be published in the official gazette : Provided however that the area of the enlarged disti-ict shall not exceed seventy-two square miles and that the district so enlarged shall contain a population as fixed by section 3 of this Ordinance. (4) The road allowances within and surrounding a district shall form part of the district. (5) When a road allowance forms the boundary between two adjoining districts such road allowance shall be held to be a part of both districts and one or both of them shall have charge of improvements to be made upon such road allowance accord- ing to such mutual arrangements as may be made between them. (6) Should it be made to appear to the satisfaction commissioner that any district constituted under the sions of this Ordinance did not contain at the time such district was organised the population provided for in section 3 of this Ordinance, the C>rder creating the district may be can- 646 of the provi- 1898 LOCAL IMPROVEMENT, Cap. 73 3 celled ; and notice of the cancellation of such Order shall be published in the official gazette : Provided however that should there be the necessary popu- Proviso lation in the district as in section 3 mentioned at the date when the disorganisation of the district is asked for the district shall be maintained as constituted. No. 10 of 1897, s. 4 ; No. 28 of 1898, s.. 2. ELECTION OF FIRST OVERSEER. 5. The Lieutenant Governor in Council shall name in the Nomination Order constituting the district such person as he may see fit to offfcOT ™'"^ act as returning officer for the first election of an overseer in the district. (2) Should the person so named as returning officer refuse wiiere person or neglect or be unable from any cause to act in that capacity doS'not art the commissioner shall appoint such other person as he may deem fit to act as returning officer in the place of the person named by the Lieutenant Governor in Council. (3) The person so named or appointed shall by notices posted CaUing of up in four widely separated and conspicuous places within the ""^®*'"k district (one of which shall be the post office if there be one within the district) call a meeting of the residents of the dis- trict for the election of an overseer at a time and place to be stated in the said notices ; such time not to be earlier than the tenth day or later than the fifteenth day after the day on which the said notices were posted ; and the residents at such meeting shall elect by open voting one of their number as overseer. (4) All expenditure in connection with such meeting shall Cost of be defrayed out of the funds of the district as hereinafter pro- to'be'defrayed vided. No. 10 of 1897, s. 5. <>. At the first or any subsequent election of overseer every conduct resident who has actually resided in the district for the period °' p°'^ of one month immediately prior to the election may vote but prior to voting shall sign a declaration before the returning oflEicer in form A in the schedule to this Ordinance and record his vote as provided in such form. (2) The poll shall be opened at ten o'clock in the forenoon and shall be kept open until noon. (3) Any person wilfully signing such declaration knowing that the statements he thereby makes are not true shall be guilty of an offence and liable on summary conviction to a penalty of $10. (4) The returning officer (if he is a resident of the district) when may vote during the polling at the election of an overseer; and^^^^^f^ in the case of a tie shall give a casting vote in favour of one '■'ote of the candidates, of which he may be one provided he is a resident of the district. (5) In the case of any failure on the part of the residents to in case of elect an overseer, the commissioner may appoint such person *'^'''^''® '° G47 Cap. 73 LOCAL IMPROVEMENT. CO. eiectoverseer as he may See fit as overseer for the district ; and notice of the may bemlde appointment of such person shall be published in the official gazette. iSlo. 10 of 1897, s. 6 ; No. 28 of 1898, s, 3. Disputerl election of overseer 1. Whenever the due election of a person to be overseer is disputed, the commissioner may (upon leceiving the complaint of any resident verified by the solemn declaration of the com- plainant and two other residents) investigate the matter and render such decision in and about the same as to him shall appear proper. (2) The decision of the commissioner shall be final and shall be observed and obeyed by all persons concerned. (3) Any person disobeying any such decision shall be liable on summary conviction thereof to a penalty not exceeding S-jO. No. 28 of 1898, s. 17. PROCEDURE AT MEETING AFTER ELECTION OE OVERSEER. Returns of election 8. Immediately after the election of an overseer the return- ing officer shall make his return to the commissioner, accom- panying it with a record of the voters, having first verified such record by a statutory declaration as in form B in the schedule to this Ordinance. No. 10 of 1897, s. 7. Returning 9. At a meeting called for the piirpose of electing an over- presfaV" seer and after the overseer has been- elected as provided, the returning officer shall continue to preside as chairman and shall receive motions which must Vje handed to hira in writing with the names of a mover and seconder subscribed thei-eto. Motions, how (2) The chairman shall put such motions to the meeting and t°i'6™ade the majority of the residents shall decide by a show of hands upon whether or not the motion shall carry. No. 10 of 1897, s. 8. Minutes to be kept Auditor to be elected 10. The chairman shall provide a minute book in which he shall keep or cause to be kept a record of the meeting, which record shall .state in full the motinns made, by whom they were moved and seconded, and whether they were carried or defeated. (2) The meeting shall decide on the following subjects : 1. The election of an auditor, whose duty shall be to audit all accounts for the district and to assist the overseer to make out returns that are to be sent to the commissioner and to report to the next annual meeting ; Improvements 2. Where improvements are to be made ; Implements to 3. What scrapers or other implements are to be purchased be purchased £^.^^ ^^^ ^^^ ^£ ^j^^ district, (which shall be the property of the district) or to be purchased jointly with any other district upon conditions to be approved at the ineeting held in each district. Failure to (3) Should the residents at the meeting provided for in the decide upon ^^^^ preceding section fail to decide upon the work to be 648 1898 LOCAL IMPROVEMENT. Cap. 73 5 undertaken by the district, then the overseer shall (subject to improvements the approval of the commissioner) prepare a list of work which he may consider necessary to be performed in the dis- trict. No. 10 of 1897, s. 9. 11. The majority of the residents of any district at the works meetings held under the provi.sions of this Ordinance may ^"y^fn al" decide by a majority vote that part or the Vk hole of the im- district, how provements to be undertaken by the district shall be made authorised outside the district on a work that benefits such district, and that moneys the property of the district in the hands of the overseer may be expended outside the district on a work that benefits such district ; and the overseer shall only direct such work to be done as may be decided by a majority of the residents. (2) The whole or any part of the work to be undertaken by Destruotion any district may (when so directed by a majority of the resid-^gg^^'""^ ents at the said meeting) be the destruction -of noxious weeds on unoccupied lands in or adjoining the district ; and any moneys the property of the district in the hands of the over- seer may (on the authority of such meeting) be expended for the same purpose. (3) If any accident happens to any public work in the dis- Overseer may trict which requires an immediate outlay for the repair thereof ^p'^n^'iture or on any other occasion when any expenditure is urgently and immediately required, the overseer may without the sanc- tion of a public meeting make such outlay or expenditure out of the funds of the district : Provided that no such outlay or expenditure shall exceed in any case the sum of $25. No. 10 of 1897, s. 10. overseer's term of service. 13. Every overseer elected or appointed in accordance with overseer to the provisions of this Ordinance shall hold ofiice for the re- for two years mainder of the year during which he was elected or appointed and for the year following and until his successor is elected or appointed unless the position becomes vacant through death, resignation, removal from the district or otherwise ; and in the event of the position becoming so vacant and upon being so advised the commissioner shall appoint such resident of the district as he may designate to post notices calling a public meeting of the residents of the district to fill such vacancy by the election of an overseer. No. 10 of 1897, s. 11. ANNUAL meeting. 13. An annual meeting of the residents of the district shall Annual be held between the fifteenth day of March and the seventh j^/^t^js^ '" day of April in each year, on some day not a Sunday or holi- day. The meeting shall be called by the overseer who shall (at least ten days before the date fixed for holding the meeting) post notices in at least four widely separated and conspicuous 649 Cap. 73 LOCAL IMPROVEMENT. CO. places in the district (one of which shall be at the school house or post office in the district if there be one) giving the place, date and hour of the meeting. (2) The residents present at the meeting shall elect one of their number to be chairman and the provisions of sections 9 and 10 hereof shall apply to such meeting. No. 28 of 1898, s. 4. When overseers are to be elected I 14. The first business transacted at the meeting called under the provisions of section 13 hereof in the last j^ear of the term of any overseer shall be the election of an overseer to hold office under the provisions of section 12 of this Ordi- nance. No. 10 of 1897, s. 13. ASSESSMENT OF DISTRICT. Assessment to be made by overseer 15. It shall be the duty of the overseer on or before the first day of March in each year to assess every person the owner or occupant of land situate in the district as follows : (a) For any lot or lots, parcel or parcels of land so owned or occupied not exceeding in the aggregate 160 acres, $2.50 ; (6) For every 40 acres of land so owned or occupied over and above the first 160 acres, 621 cents. No. 10 of 1897, s. 14 ; No. 28 of 1898, s. 5. Assessment roll Owner not known IC The overseer shall on or before the first day of March in each year make out a district assessment roll in which he shall set out as accurately as may be after diligent inquiry the following information : (a) Each lot or parcel of land owned or occupied within the district, and the number of acres it contains ; (b) The name of the person assessed on account of each such lot or parcel of land and the amount of the assessment ; (2) If the overseer does not know and cannot after reason- able inquiry ascertain the name of the owner of any property in the district, the same shall be deemed to be duly assessed if entered on the roll with a note thereon by the overseer that the owner is unknown. No. 10 of 1897, s. 15; No. 28 of 1898, s. 6. Omission of names from roll 1 T. If any property which should have been assessed has been omitted from the assessment roll the overseer shall on discovery of the omission (if within two months from the posting of the roll as herein provided) assess such property and make the necessary additions to the roll. No. 28 of 1898 s. 7. Copies of roll to be made public 18. Upon completion of the assessment roll the overseer shall post a copy of the same at the school house or post office if there is one situate within the district or (if there is no such school house or post office") in a conspicuous place in the dis- 650 1898 LOCAL IMPROVEMENT. Cap. 73 7 trict ; and if he deem it expedient to do so the overseer may mail to each non-resident land owner within the di.strict a notice of his assessment. The overseer shall keep the original assessment roll at hi.'i residence open to inspection. No. 10 of 1897, s. 17 ; No. 28 of 1898, s. 8. 10. Any person who feels himself aggrieved by the tax Appeals assessed by the overseer may appeal witliin five da3^s from affeSnent such assessment by handing notice of such appeal in writing to the justice of the peace nearest the residence of the over- seer ; and .such justice shall thereupon notify the overseer of the time and place when such appeal will be heard ; and the finding of the justice upon such appeal shall be final. No. 10 of 1897, s. 18 ; No. 28 of 1898, s. 9. COMMUTATION. ?J0. Every pei'son shall pay the whole amount for which he Payment of oi- ls assessed; but anj? person may elect to commute for the same f °™^"gg^^°e° t (or for some part thereof) at the rate of one day's work for each $1.25 of the assessment. No. 10 of 1897, s. 19. 31. Every person intending to commute by day labour for Notice of his assessment or any part thereof shall (within fifteen days g"^^^°gj° after notice of his assessment has been given in the manner ^"^ s"'en to herein pi'ovided) notify the overseer of his intention to do so ; and shall commence work within five days after he is notified to do so by the overseer ; and the commutation shall not be considered as made until such work is completed. (2) If a person who has given notice of his intention to com- mute does not commence work at the time at which he has been notified to do so or if having commenced he shall not forthwith complete the work assigned him he shall forfeit the right to commute and shall be liable to pay taxes in the same manner as if he had not elected to commute. (3) If any person make default as in the preceding subsec- tion mentioned he shall be liable to pay to the overseer for the district the sum of $2.50 in addition to the taxes payable by him. No. 10 of 1897, s. 20 ; No. 28 of 1898, s. 10, H. 33. The overseer shall give five days' notice in writing to Notice of commence work to each person a.ssessed who elects to commute meD™of"work his assessment by labour, naming in such notice where and ^° o^^jge™ when such person is required to work and with what imple- ments : Provided that no assessed person shall be obliged to go to work at a place further than three miles in a direct line from his residence, unless he has given his consent thereto in writ- ing. No. 10 of 1897, s. 22. 33. The overseer is empowered to require cart or waggon, what animals plough or scraper, with a pair of horses, mules or oxen and a mayTo"""™'^ man, from any person having the same within his district who ^ehall (subject to the orders of the o\'erseer) actually work eight hours in each day. No. 10 of 1897, s.. 24. Overseer not 25. The acceptance by the overseer of any excuse for refusal aSeprexcus*e Or neglect shall not in any case exempt the person excused forfaiiure from working the whole number of days for which he has to do worii elected to commute his assessment. No. 10 of 1897, s. 25. GENERAL PROVISIONS. First charges on moneys belonging to the district Balance to be expended on district work 36. The expenses connected with the erection of any dis- trict and the expense.s of advertising and holding the meeting of residents for the first election of the over.^eer of such district (in which the sum of .$5.00 to be paid to the returning officer for posting notices, calling the said meeting and directing and holding such election shall be included) and the remuneration of the overseer as hereinafter provided, shall be a first charge upon the taxes and fines collected by the overseer ; and the balance shall be expended by the overseer in the improvement of roads, the construction of bridges, culverts or dams, the destruction of noxious weeds on unoccupied lands or in mak- ing fireguards in the district. No. 10 of 1897, s. 26. 37. The overseer shall work out his assessment in the superintendence of the work required in the district and shall receive $2 for every additional day he is employed, to be paid out of any moneys the property of the district in his posses- sion. (2) When he deems it expedient to do so, the overseer maj' nominate some resident who has elected to commute his assess- ment by labour as foreman of the work to be performed in any particular part of the district. (3) All work performed in the district in connection with the grading of or repairs to roads or the construction and re- rf iSsWtkins P''''ii's of bridges, culverts, dams and drains shall be performed in accordance with a manual of instructions for the guidance of overseers nr foremen, to be prepared and issued under the authority of the commissioner. No. 10 of 1897, s. 27. Overseer's work and remuneration Foreman of works Works to be carried on in accordance with manual Commuted labour when to be worked Special provision 38. The overseer shall have all the labour in his district for which taxes are commuted worked out and expended previous to the twenty-fourth day of July in each year. (2) By a vote of two-thirds of the residents at the annual meeting called as provided in section 13 of this Ordinance, it may be decided that a specifically described portion of the district assessment shall be expended upon works of public 652 1898 LOCAL IMPEOVEMENT. Cap. 73 9 benefit at any other time of the year; and in such case the meeting shall fix the time or times at which such work or works are to be performed. No. 10 of 1897, s. 28. ^39. The overseer shall provide a book in which he shall Record of keep a record of all property belonging to the district. No. iop''°p'"'''' of 1897, s. 29. RETORNS TO COMMISSIONER. 30. The overseer shall, between the first day of August and Annual return the first day of September in each year, make up a statement and worif'™* in writing on forms to be provided by the commissioner, con- •i"^^-®'''- taining the information required by subsection 2 of this section ; and he shall allow any residents who may wish to inspect the said statement to do so and to make a copy thereof or extracts therefrom on any day (except Sundays or statutory holidays) from the said first day of September till the fourteenth day 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 the said statement duly verified by statutory declaration not later than the first mail day after the fourteenth day of September, to the commis- sioner. (2) The said statement shall contain the following detailed information : 1. The names of all persons assessed in the district with the amount of the assessment, describing the land owned or occu- pied by each person ; 2. The names of all persons who have commuted their assess- ment by work in the district and the number of days they have worked ; 3. The names of all those who have been fined and the sums in which they have been fined, together with the names of the convicting justices of the peace and the various amounts collected ; 4. The names of all those who have paid their taxes and the amounts so paid, together with a statement of any other revenue the district may have obtained during the year, and the manner in which all moneys belonging to the district have been expended ; 5. The names of all persons and residents who have not paid their taxes or commuted for the same by day labour and upon whose land the said tax is due and remains unpaid. No. 10 of 1897, s. 30. 31. The overseer of every district shall in the first fifteen Return of days of January in each year make a return, verified by his ""p*"^**^"^ solemn declaration, to the commissioner, in such form as may by the commissioner be from time to time directed, showing ail lands upon which taxes have been imposed and upon which 653 10 When taxes are due Cap. 73 LOCAL IMPROVEMENT. CO. wholly or in part the said taxes are overdue and unpaid for at least the two years ending the thirty-first day of December next preceding. (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. No. 10 of 1897, s. 31 ; No. 28 of 1898, s. 13. RECOVERY OF TAXES. Taxes a lien ^^' The taxes accruing upon or in respect of any land in the district shall be a special lien upon such land having priority over any claim, lien, privilege or incumbrance thereon. No. 28 of 1898, s. 14. ^ Suit for taxes 33. Any taxes or arrears of taxes due to a district may be recovered by suit in the name of the overseer for the time being as a debt due to the district, in which case the assess- ment roll shall he prim,a facie evidence of the debt. No 28 of 1898, s. 15. Distress for taxes Returns to be produced to judge Ad.1udication by judge 34. In case any person neglects to pay his taxes for two months after notice has been given of his assessment the over- seer 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 or of any goods or chrtttels in his possession wherever the same may be found in the district or of any goods or chattels found on the premises the property of or in possession of any other occupant of the premises and may impound the same on the premises where distrained and no claim of property, lien or privilege shall be available to pre- vent the sale or the payment of the taxes and costs out of the proceeds of sale thereof. No. 28 of 1898, s. 16. 35. On production of the return mentioned in section 31 hereof by the attorney general of the Territories (or some advocate authorised liy him) to a judge of the Supreme Court in chamber-i, such judge may appoint a time wnd place for con- firmation of the said return, notice of which shall be published in every issue of the official gazette for at least two months, and such further or other notice of the appointment shall be given as the judge shall direct. No. 10 of 1897, s. 32. 36. At the time and place so appointed the judge shall hear the application and also any objecting parties and the evidence adduced before him; and thereupon adjudge and determine wh'-ther or not the taxes imposed I'espectively upon each parcel of land included in the return were either wholh'' or in part in default ; and report the adjudication to the said attorney general ; and shall also confirm the return as to such parcels on which any taxes are determined to be in arrear for over two vears, naming the amounts severally and addino- thereto a reasonable amount for the ex[jense of advertisino- 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 the 654 1898 LOCAL IMPROVEMENT. Cap. 73 11 Crown for the public use of the Territories the said lands, sub- ject 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 re- demption fee of five cents for each and every acre in the parcel so redeemed and any subsequent taxes paid by the commis- sioner ; and in the event of any person successfully opposing confirmation as to the land he is interested in the judge may order an allowance to him as witness fees to be paid by the commissioner. (2) The filing of a copy of such adjudication certified by the Filing copy of commissioner in the land titles office of the land registration fn land'titi™ district in which the lands named in the adjudication or any of "^"^ them are, shall be notice to the public of the facts contained therein. No. 10 of 1897, s. 33. 3T. At any time after the expiration of the year last Redemption named, on ex parte application by the attorney general or his appointee and production of the last named adjudication together with such proof of non-redemption as the judge may require, 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 Her Majesty freed from all liens, mortgages and incumbrances of whatever nature and kind the same may be. (2) The registrar of titles of the land registration district in which the land lies shall do every act necessary to give efiect to the order. Ko. 10 of 1897, s. U. 38. So soon as the report of the overseer has been confirm- Payment of ed, the commissioner shall pay to the overseer the amount of oonlrmation taxes adjudged in arrear on each parcel of land deducting "' '■®''"™ therefrom any charges he may have been required to pay ; and thereafter yeai'ly while owned by Her Majesty the said land shnll be assessed in the name of the conamissioner who shall pay taxes as if the land were assessed to an ordinary indivi- dual. No. 10 of 1897, s. 35. PENALTIES. 39. Any overseer who — Oyerseer's Iianmty m (a) After having accepted office (whether on election thereto by the residents of the district or appoint- ment by the commissioner) refuses or neglects to discharge the duties of his office ; or (b) Neglects or refuses to render true and correct returns when required to do so under the provisions of any Ordinance of the Territories ; or (c) Neglects or refuses to discharge any liability of the district while in tlie possession of sufficient moneys the property of the district to enable him to do so; or 655 12 Cap. 73 LOCj\L IMPROVEMENT. CO. (d) Neglects or rcfusf s to hand over to his successor on demand therefor all the moneys, books, papers and other propei'ty of the district in his possession : shall (in addition to any civil liability which he may thereby incur) be guilty of an offence and be liable on summary conviction thereof to a penalty not exceeding $50. No. 10 of 1897, s. 86. Resident's 40. Any resident of a district who refuses top-iy his assess- certai/cases ment or who after having elected to perform \\ ork in com- mutation of any assessment under the provisions of this Ordi- nance neglects or refuses to perform the same when and where directed by the overseer or hy the foreman nominated by the overseer as hereinbefore provided, shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding •?50. (2) Such fine when recovered shall be paid to the overseer for the use of the district. No. 10 of 1897, s. 37. MISCELLANEOUS. Property to be 41. At the expiration of the term of any oversepr or on the by'ovCTseer'' position becoming vacant from death, resignation, removal to successor from the district or otherwise, the rolls, district moneys and other property of such district held by him in virtue of his positii)n as overseer shall be handed over by him or his personal representative to bis successor ; and a receipt for the same shall be inscribed in the book referred to in section 29 hertof. No. 10 of 1897, s. 38. Commissioner 43. The Commissioner may from time to time appoint such may appoint , /■,. j. • i n j_ ii t,- inspector person as he may see nt to inspect and report on the condition on^Btrict of the work in any district, the tools, implenients or other property owned by the district and audit the books of the overseer of the district. No. 10 of 1897, s. 39. Additional ^^' '^^^ Lieutenant Governor in Council may make such regulations provisions Or regulations not inconsistent with this Ordinance as may be necessary for the proper carrying out of the same or to meet exigencies occurrina: under its operation. No. 28 of 1898, s. 18. Overseers 44. All overseers shall be ex officio fire guardians under the guarffans provisions of The Prairie Fire Ordinance. No. 10 of 1897 s. 40. Reference in 45. Wherever in any Ordinance reference is had to The Ordinances SUdiUe Labour Ordinance or to statute labour districts or to the overseers thereof it shall be deemed to refer to this Ordi- nance and to the overseers of local improvement di.stricts. No 28 of 1898, s. 20. 656 1898 LOCAL IMPROVEMENT. Cap. 73 SCHEDULE. FORM A. Local Improvement District No. in township range west of the meridian. The undersigned severally declare, each for himself, that he is a resident owner or occupant of land in the above named district, 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 : 13 Name. Land Voted Upon. Person Voted For. A.B., Returning Officer. FORM B. Local Improvement District No. I, A.B., Returning Officer for Local Improvement District No. in township range west of meridian, hereby solemnly declare that the record of votes an- nexed, signed by me, is a true record of votes cast upon the day of 1 , when was duly elected Overseer for the above district, and I make this solemn declaration conscientiously believing it to be true, and know- ing that it is of the same force and effect as if made under oath, and by virtue of The Canada Evidence Act 1893. Declared before me at this day of 1 . A Commissioner, etc. A.B., Returning Officer. 42 657 CHAPTER 74. An Ordinance respecting Irrigation Districts. THE Lieutenant Governor hy and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : SHORT TITLE. Short title !• This Ordinance mav be cited as " The Irrigation District Ordinance." No. 30 of is98, s. 1. INTEEPEETATION. Interpretation %, In this Ordinance unless the context otherwise requires — ..^pj„ 1. The expression " Act " means the Act of the Parliament of Canada Ivnown as The North- Wed Irrigation Act 1898 and shall include any amendments thereto which may here- after 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 ill possession of any land in a district or in any area pro- posed to be erected into a district under the provisions hereof : 5. The expression " works '' shall for the purposes of this Ordinance mean and include any dykes, dams, weirs, flood- gates, breakwaters, drains, ditches, basins, reservoirs, canals, tunnels, bridges, culverts, cribs, embankments, head works, flumes, aqueducts, pipes, pumps and any contrivance for carry- ing or conducting water or other works which are authorised to be constructed under the provisions of the Act ; 6. The expression " voter " means any person duly qualified under the provisions hereof to vote at nny 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 2G 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. No. 30 of 1898 s. 2. EXISTING DISTRICTS CONTINUED. i^Sattm ^* ^°y irrigation district now existing which was consti- dietricts tuted or erected under any Ordinance of the North- West Terri- ()o8 "Board" "District" "Owner" • Worka " 'Voter" "Commie- sioner " "Engineer" "Arable' 1898 IRRIGATION DISTRICTS Cap. 74 2 tories heretofore in force is hereby continued and shall be subject to the provisions of this Ordinance. No. 30 of 1898, s. 3. ORGANIZATION OF DISTRICTS. 4. The majority of the owners of the full age of twenty- Petition for one year.s 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 petition 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 tvvo- thirds of the proposed district can be irrigated from the pro- posed works, that the signatui'es to the petition have been afiixed 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. No. 30 of 1898, 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 puWished" official gazette stating that application has been made for the ^^"^j"^'*! erection of such tract (describing it) into an irrigation district under the provisions hereof; and a like notice shall be publish- ed once by the petitioners in a newspaper published within the proposed district, or if thej'e bo no such newspaper then in the newspaper published nearest thereto. No. 30 of 1898, s. 5. 6. If at the expiration of two weeks from the publication Appointment of the said notice in such newspaper there is found to exist no officer substantial objection to the erection of the proposed district the commissioner shall appoint a resident owner to be return- ing officer for the purpose of taking a vote of the owners with- in the proposed district upon the question of the erection of such district. No. 30 of 1898, s. 6. « T. The commissioner shall cause such returning officer to be Notice of notified of his appointment and on receipt of such notification"^''® '"^ the returning officer shall cau^e a notice signed by him in form A in the schedule hereto to be posted in at least ten con- spciuous 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 Place of centrally situated within the proposed district where a suitable ™*®*^"^ building therefor can be obtained. (3) A certified copy of such notice together with a statutory Return to 42^ 659 3 Cap. 74 [REIGATION nSTRICTS C. 0. commissioner declaration by the returning officer proving the due posting and publication thereof shall be forwarded to the commissioner. (4) Tiie persons entitled to take part and vote at such meet- ings shall be the owners of the full age of twenty-one years. No. 30 of 1898, s. 7. Qualification of voters 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 returnirig officer shall read to the meeting the petition for the erection of the district or a copj^ 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 and in case of an equality of votes he shall have the deciding vote. No. 30 of 1898, s. 8. ELECTION OF TRUSTEES. Nomination of trustees 9. If such vote results in favor of the erection of the dis- trict the returning officer shall proceed to hold an election of three trustees for the district and at one o'clock of the after- noon of the same day the returning officer shall proceed to receive nominations of candidates for election as trustees. So. 30 of 1898, ss. 8 (4), 9. Who may nominate Qualifleation of trustees Proceedings on election of trustees Qualification of voters 10. Voters and no other persons shall be entitled to nomin- ate candidates. (2) Trustees shall be owners resident in the district and qualified as voters. (3) Nominations may be made during the first hour of the election meeting. (4) If no more than the requisite number of persons are nominated during the period for nominations the returning officer shall declare them elected. • (5) If more than the requisite number of persons are nomin- ated during such period the returning officer shall at the ex- piration thereof declare the nominations closed and shall pro- ceed to take a vote by open voting. (6^ The persons entitled to vote at such election shall be the owners of the full age of twenty- one years. (7) Every voter shall have as many votes as there are 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 the 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 : 6(i0 1898 IRRIGATION DISTRICTS Cap. 74 4 " 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 thi? iiTigation 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 declines to take the oatli 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 polled and declare elected the necessary number of candidates having the hichest 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) Immediately after the election the returning officer Return to shall 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 subsequent district shall, unless the conuoissioner appoints another person,*''""'''""'' be the returning officer and the provisions of this section shall apply and be observed at all elections of trustees. (16) In case for any reason at any time trustees are not elected or are not duly elected hereunder the commissioner may appoint trustees who shall hold office in all respects as if duly elected. (17) If any two owners who were entitled to vote at the charge of election make it appear to the commissioner by their solemn e'jfo'^Tt election declaration that the election was irregularly or improperly con- ducted or that corrupt practices prevailed thereat and that by reason thereof the i-esult of the election was affected 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 ob- serve 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. No. 30 of 1898, s. 10. 6G1 Cap. 74 IRRIGATION DISTRICTS CO. Erection of district 1 1. If the statement made by the "returning officer to the commissioner under subsection 13 of section 10 hereof shows that the majority 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 irrigation 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 ; (6) 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. No. 30 of 1898, s. 11. Declaration by tniKtees TRUSTEES DECLARATION OF OFFICE. 13. Every trustee shall within eight days after his election make the following declaration before the returning officer who shall forward the same to the commissioner : " I, A.B., do hereby accept the office of trustee to which I have been elected in {name of irrigation district in full) and I will to the best of my ability honestly and faithfully dis- charge the duties devolving on me as such trustee during the term for which I have been elected." No. 30 of 1898, s. 12. trustees' term OF OFFICE. Term oi office 1 3. The tru.stees elected at the first election shall hold office of trustee as follows : (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 dav 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 • 662 1898 IRRIGATION DISTRICTS Cap. 74 () Providing also that the retiring trustee shall remain in office until his successor is elected. No. 30 of 1898, s. 13. ANNUAL ELECTION OF TRUSTEE. 14. The regular annual election of a trustee to fill the Annual vac-mcy which occurs yearly shall take place on a day in the o(\°rua"gg 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 nu uber 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. No. 30 of 1898, s. 14. TRUSTEES A BODY CORPORATE. 1 5. The board of trustees of every district created here- Board of under shall be a body corporate and shall have all the rights '™^'®'^^ and be subject to all the liabilities 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 answer- ed 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 will and pleasure; and they shall be in law capable of receiving by donation, acquiring, holding, disposing of and conveying any property real or moveable for the use of the said district and of becoming parties to any agreements in the management of the affairs of the said district and shall have all the powers necessary for the construction, working and maintenance of irrigation works necessary for the uses and purposes of the said district and the inhabitants thereof. No. 30 of 1898, s. 15. CHAIRMAN AND SECRETARY TREASURER. Ifi. The board shall within ten days after the date of their Election election hold a meeting at which they shall proceed to elect a °' ''*^'''"'*' chairman who shall preside at all meeetings of the board and at the same meeting the board shall appoint a secretary treas- urer. No. 30 of 1898, s. 16. MEETINGS OF TRUSTEES. 11. The chairman of any meeting of the board may vote chairman ma>- with the other members of the board on all questions and any Equality question on which there is an equality of votes shall be deemed °*'^°t<'^ to be negatived. No. 30 of 189S, s. 17. 1 8. In the event of the absence of the chairman from any chairman meeting the remaining members of the board shall elect an- ^™*™' Cap. 74 IRRIGATION DISTRICTS CO. other chairman from amongst themselves who shall have all the powers of the chairman at such meeting. No. 30 of 1898, s. 18. Meetings of board 1 9. 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. No. 30 of i»98, s. 19. REGULATIONS AND BYLAWS. Regulations and bylaws 20. Every board may make regulations and bylaws in re- spect 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, alter and amend its own regulations and bylaws except where bylaws are made for the purpose of raising money, levying assessments or striking rates. No. 30 of 1898, 8. 20. Payment 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 aud ten cents for every mile necessarily travelled in going to and from the meetings of the board. No. 30 of 1898, s. 21. Officers' duties and secretary treasurer's security 33. The board of trustees shall define the duties of its offi- cers and shall exact security from the secretary treasurer for the faithful performance of his duties and it shall be the duty 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. No. 30 of 1898, s. 22. AUTHORITY FOR CONSTRUCTION OF WORKS. Application (or authorisation 33. The board shall forthwith after the erection of such dis- trict under the provisions hereof proceed to make an applica- 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. No. 30 of 1898, s. 23. If authorisation not obtained within six months Authorisation to be filed 34. If the authorisation to construct such works as provid- ed by section 16 of the Act be not obtained within six months after the date of the order creating the district or such further time as the Lieutenant Governor in Council may direct, the district shall cease to exist as such. No. 30 of 1898, s. 24. 35. If the authorisation provided for by section 16 of the Act is i.-isued such authori.>ation 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 664 1898 IRRIGATION" DISTRICTS Cap. 74 ? inspection by any owner or his agent at all reasonable times. No. 30 of 1«98, s. 25. ENGINEER OF DISTRICT. 3C. Immediately upon receipt of the authorisation pro- Engineer vided by section 16 of the Act the board shall proceed to ap- point a competent engineer for the district whose duty it shall surveys and be to make the necessary detailed surveys for the proposed ''^t'"**'* works together with the maps and plans of the same and he shall also make a careful estimate in detail of the amount re- quired to con.struct the sevei-al 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. No. 30 of 1898, s.26. ASSESSMENT ROLL. 37. Upon completion of the maps, plans and estimates pro- Assesssment 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 w^orks as show^n 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. No. 30 of 1898, R. 27. 38. The engineer shall also in such assessment roll give a unknown 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. No. 30 of 1898, s. 28. 39. Occupants of crown lands in respect of which home- occupants of stead or purchase rights have been granted shall be liable to }?J^]^"5^'^"'^^ taxation in respect of their occupancy of the same in the same certain cases way as owners of other land. No. 30 of 1898, s. 29. 30. Upon completion of the assessment roll the engineer xotice of shall hand the same to the secretary treasurer of the Ijoard assessment 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 665 Cap. 74 IRRIGATION DISTRICTS CO. 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 entrj'- shall be jprima /acie evidence of such de- livery 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. No. 30 of 1898, 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 thej' are not the ovt^ners or occupants or as to the number of acres stated on such roll to be contained in any parcel or as to the number of acres thereof stated therein as being capable of irrigation by means of the proposed works. No. 30 of 1898, s. 31. Secretary ^^^ The Secretary treasurer shall be the clerk of the court oierk^'?'' rt "^ revision and shall record all the proceedings thereof. No. oer o cour ^^ ^^ ^^^^^ ^ ^^ Proceedings on appeal 33. The proceedings of the court of revision and the mode of appeal thereto shall be as follows : 1. Any owner desiring to appeal may within two weeks from the date of the delivering or mailing of the assessment notice notify the secretary treasurer in writing of the particu- lars and grounds of his appeal. 2. Forthwith after the receipt by the secretary treasurer of the assessment roll he shall notify the board thereof and the board shall thereupon fix a day not less than one but within two months after such receipt of the roll and a place at which . they will sit as a court of revision. 3. As soon as the time within which notice of appeal may be given has expired the secretary treasurer shall personallj^ 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 sufficient reason to attend or produce 066 1898 IRRIGATION DISTRICTS Cap. 74 10 documents (having been tendered witness fees at the rate of $} 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 au offence and on summary conviction thereof be liable to a penalty not exceeding !i?50. Nd. 30 of 1897, s. 33. 34. If at anytime not later than two weeks before the date Omissions fixed for holding the court of revision it shall be discovered a^ssessmentroii 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 ; (2) If such owner does not reside within the district then such notice shall be posted by registered letter to the post office address of such owner ; (3) After such notice has been given as aforesaid and after the expiration of the time mentioned therein or if such person be not known then without any notice the board may unless good cause is shown to the contrary assess such property and direct the secretary ti-easurer to enter the same upon the assessment roll with the name of such person if known upon which entry the said property shall be deemed to have been duly assessed. No. 30 of 1898, s. 34. 35. The roll as finally passed by the court shall be valid Revised and bind all parties concerned notwithstanding any defect orroifbinmng error committed in or with regard to such roll or any defect or error or mis-statement in any notice required by this Ordin- ance or the omission to deliver or transmit such notice. No. 30 of 1898, s. 35. 36. The assessment roll herein provided for and as revised Assessment under the provisions hereof shall be the revised assessment continiied 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. No. 30 of 1898, s. 36. BYLAW FOR RAISING LOAN. 31. If upon the revision of such roll in the manner herein Voting on provided it is found that the amount required to construct and ^ ^^ complete the proposed works according to the maps, plans and estimates of the engineer and the amount required to defray the necessary expenses incurred in procuring the erection of such district and the said authorisation 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 667 11 Cap. 74 IRRIGATION DISTRICTS C. 0. assessment roll to be capable of irrigation by means of the proposed works and that the amount required to be raised an- nually for the purpose of maintaining such works and paying the expenses of the administration of the affairs of such dis- trict 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 authorisation and for levying of the the necessary rates for the payment of such loan and the in- terest accruing thereon and for the issue of debentures for the same. No. 30 of 1898, s. 37. Contents of tylaw 38. Such bylaw shall set forth : (a) The object of the by-law ; (b) The date upon which it shall take effect ; (c) The amount of the proposed loan showing the purpo.ses 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 bv such revised assessment roll; (/) The speciiic sum to be raised in each year during the currency of the bylaw for the purpose of paying the several instalmeuts of principal and interest pavable thereunder. No. 30 of 1898, s. 38. Time and mode of repayment 39. Such bylaw and the debentures issued thereunder shall provide for the payment of the whole principal money within thirty years from the time the bylaw takes effect and shall be repayable by annual instalments extending over the whole of such period or the last twenty years thereof. No. 30 of 1898, s. 39. Polling .=JubdiviRion! 40. The board may in and by such bylaw divide such dis- trict into polling subdi\'isions for the purpose of taking such vote and shall thereby fix the day and hour and polling place or places for taking the same and fix the time and place when and where the returning 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 fi'om the first publica- tion of such bylaw in the manner hereinafter mentioned. 668 1898 IRRIGATION DISTRICTS Cap. 74 12 (3) The board shall appoint a returning officer and if neces- Returning sary deputy returning officers. The i-eturning officer may act° °'^^ as a deputy returning officer in which case the provisions here- of applicable to deputy returning officers shall apply to him. No. 30 of 1898, 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- bySw^°^^ 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 new.spaper for two consecutive weeks and the secretary treasurer shall post up a copy of the bylaw in his office. No. 30 of 1898, s. 41. 43. Appended to each copy so published shall be a notice Copy signed signed by the secretary treasurer stating that such copy is a treasurer '^^ 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 en- titled to vote. No. 30 of 1898, s. 42. 43. The persons qualified to vote at the taking of the vote Qualification 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. No. 30 of 1898, s. 43. 44. At the request of any person who is entitled to vote on Oath of 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 : "Yon 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 re- ceived any reward or offer or promise of reward for voting on the said bylaw. So help you God." No. 30 of 1898, s. 44. 45. The votes upon the bylaw shall be given by ballot in Voting to the manner hereinafter set forth and the ballots shall bein ^ '^ ^ °' . form D in the schedule hereto. No. 30 of 1898, s. 45. 46. The returning officer shall procure or cause to be pro- Returning 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. No. 30 of 1898, s. 46. 47. The returning officer shall at least two days before Delivery of polling day delis-'er one of the ballot boxes to each deputy ^'^^^°' ^°^ returning officer. No. 30 of 1898, s. 47. 669 13 Cap. 74 IRRIGATION DISTRICTS CO. 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. No. 30 of 1898, s. 48. Secretary treasurer to supply list of voters 4ft. 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 shewn by the last revised assessment roll and no persons other than those named on such list shall be entitled to vote on such bylaw. No. 30 of 1898, s. 49. Deputy returning officer Constable .50. Every deputy returning oflScer .shall provide a compart- 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. No. 30 of 1898. s. .50. Proceediugs at opening of poll .51. Every deputy returning oflScer shall immediately before the commencement of the poll open the ballot box and call such person as may be present to witness that it is empty ; he shall then lock and properly seal the same to prevent its being opened without breaking the seal and then place the box in view for the reception of Vjallots and the seal shall not be broken nor the box unlocked during the time appointed for taking the votes. No. 30 of 1898, s. 51. Persons allowed in polling place Scrutineers 53. No person shall be allowed in any polling place during the hour.s for polling except the returning officer, the deputy returning officer, the con.stable (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 two persons for each poll to act as scrutineers on behalf of the persons in favour of the passage of the bylaw and two persons for each poll to act as scrutineers on behalf of the persons opposed to the passage of the bylaw but before such persons act as such agents they shall severally subscribe and make a declaration before the returning officer or a person empowered to adininiister 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 bjdaw now being or about to be submitted to the vote of the owners in irrigation district. No 30 of 1898, s. 52. Proceedings at poll .53. Proceedings at the poll shall be as follows : 1. On a person presenting himself for the purpose of voting the deputy returning officer shall ascertain that the name of such person is entered or purports to be entered upon the voters' list of his polling subdivision ; 2. If such per.son takes the oath prescribed by this Ordin- ance the deputy returning officer shall cause to be entered 670 1898 IRRIGATION DISTRICTS Cap. 74 14 opposite the name of such person in the proper column of the voters' list the word " sworn; " 3. When such person as aforesaid has been required to take the oath prescribed by this Ordinance and refuses to take the same the deputy returning officer shall cause to be entered in the proper column of the voters' list the words " refused to be sworn;" no person who has refused to take the oath prescribed by this Ordinance when requested to do so shall receive a bal- lot paper or be admitted to vote ; 4. When the vote is objected to the deputy returning officer shall cause to be entered in the proper column of the voters' list opposite the voter's name the words " objected to ;" 5. After the proper entries respecting a person claiming to vote have been made in the voters' list in the manner prescrib- ed the deputy 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 uf 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 proceed to the compartment provided for marking ballots and shall mark his ballot paper by placing a cross opposite the words " for the bylaw" or opposite the words " against the 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 depi^tj'' 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 persan 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 m the ballot liox 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 671 1-5 Cap. 74 IRRIGATION DISTRICTS C. 0. (b) 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 mark- ed by him at the request of the voter and the reasons therefor. 12. Any elector who has spoiled his ballot paper in marking it and discovers the fact before it has been placed in the ballot box may on returning the same to the deputy returning officer and proving the fact to him obtain another ballot paper and the deputy returning officer shall mark upon the face of the ballot paper so spoiled the word "cancelled," and all ballot 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 pollirg 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 pers'^n 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 sub-division 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 engfiged 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. No. 30 of 1898, s. 53. Proceedings 54. Immediately after the close of the poll, the deputy of poU returning officer shall, in the presence of the poll clerk, if there be one, open the ballot box and proceed as follows: — 1. He shall examine the ballot papers and reject all those on the back of which his initials are not found or on which more votes are given than the voter is entitled to give or on which anything appears by which the voter can be identified and any ballot paper so rejected shall be void ; 2. Take a note of any objection made by any agent to any ballot paper found in the ballot box and decide on any question arising out of the objection ; 3. Number such objection and place a corresponding number on the back of the b'allot 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 672 1898 IRRIGATION DISTRICTS Cap. 7-i 16 the number of votes given lor or against the said bylaw and of the number of ballot papers rejected and not counted by hini, which statement shall be then signed by him and such of the agents present as may desire to sign the same ; 5. The deputy returning officer shall then certify under his own hand in full words on the voters' list the total number of persons who have voted at the polling place at which he is appointed, and make up into separate packets : (a) The statement of votes given for and against the by- law and of the rejected ballot papers ; (b) The used ballot papers which have not been objected to and which have not been counted ; (c) The ballot papers which have been objected to but which have been counted : (d) The rejected ballot papers ; (e) The declined and cancelled ballot papers ; (/) The voters' list ; which packets, closed up and sealed with his own seal and with the seals of any persons present desiring to affix their seals thereto and marked on the outside with a memoi'andum desig- nating their respective contpnts, shall by the deputy returning officer be transmitted forthwith to the returning officer. No. 30 of 1898, s. 54. 55. After the close of the poll the deputy returning officer Deciaratioa by shall make and subscribe before a justice of the peace a declar- returning ation in the following form : officer "I, the undersigned, deputy returning officer for polling sub- division No. of irrigation district do solemnly declaie 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 bo 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' list and sent to the returning officer. No. 30 of 1898, s. 55. 56. At the time and place fixed for declaring the result of Counting the election the returning officer shall open the packet con- ^""^^^ taining the statement of the number of votes given for and agiinst 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. No. 30 of 1898, s. 56. 51. After ths voting the ballot boxes, packets and returns Return to ither with a statement shawm 43 673 toarether with a statement shewing the result of the vote shall treasurer 17 Cap. 74 IRRIGATION DISTRICTS CO. Proceedings if majoritjrof votes against passing of tjylaw If majority of votes in favour be transmitted by the returning officer to the secretary treas- urer who shall be responsible for their safe keeping and for their delivery when required. No. 30 of 1898, s. 57. 58. If the majority of votes polled upon such bylaw is against the passing thereof the board shall forthwith report the same to the commihsioner and shall immediately proceed to discharge all the outstanding liabilities of the district and shall have power to make such assessments and levy such rates as may be necessary foi' such purpose ; and so soon as all debts and liabilities of the district have been so discharged it shall immediately cease to exist as such. No. 30 of 1898, s. 58. 59. If the majority of votes polled upon such bylaw is in favour of the pa.ssing thereof it shall within one week from the day of voting be finally passed by the board. No. 30 of 1>)98, s. 59. Bylaw to receive assent of commissioner Issue of debentures 60. The bylaw for raising such loan shall receive the assent of the commissioner after the final passing thereof by tlie board which assent shall be conclusive evidence that all necessary formalities in respect to the passing thereof and to the vote thereon have been complied with. No. 30 of 1898, s. 60. 61. The trustees having received notice of the assent of the commissioner to such bylaw shall issue debertures 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 w hen signed by two of the trustees of the district to bind the district and to create a chai-ge or lien upon all property of the district and all rates levied therein. No. 30 of 1898, s. 61. Form of debenture 63. The debentures to be issued under any such shall be in the form following or to the like effect: " Canada. North- West Territories, $ Debenture No. The trustees of irrigation district promise to pay to the bearer at the sum of of lawful money of Canada in equal annual instalments with interest at the rate of per cetit. per annum in the manner specified in the attached hereto. Dated this day of For the said trustees. Trustee. Trustee. bylaw dollars coupons Coupon No. Debenture No. The trustees of COUPONS. 674 irrigation district 1898 IRRIGATION DISTRICTS Cap. 74 18 will pay to the bearer at on the day of 1 the sum of dollars, being the payment with the total interest at the rate of per cent, per annum due on that day on debenture No, Trustee. Trustee." No. 30 of 1898, s. 62. ANNUAL RATES. G3. The board shall not later than the first day of May in Annual each year after the bylaw takes effect make an estimate of the"^*™""*^ amount required to pay the instalments of piiucipal and in- terest 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 Bylaw for shall forthwith pass a bylaw authorising and dii'ecting the""''®'''''™ levying and collecting of an equal rate upon each acre of irrigi- ble 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 fur the cost of collection and abatement for losses which may occur in the collection of taxes. No. 30 of 1898, s. 63. 64. The secretary treasurer shall be the collector of taxes Collector for the district but the board maj^ appoint another pgrson to be such collector. No. 30 of 1898, s. 64. 65. Immediately after the passing of such last mentioned collector's roi 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 i.'s collector deliver the roll certified under his name to the collector appointed by the board. No. 30 of 1898, s. 65. 66. The collector shall forthwith after the completion or Notice of delivery to him of such collector's roll leave at the usual Ye-^^^^^^°" sidence or place of business of or transmit by mail to each person whose name appears on the said roll or to any agent of such person in the district a statement and demand of the taxes charged against him which statement shall state the time such taxes are required to be paid and the collector shall enter the date of delivery or mailing such notice in said collector's roll opposite the name of the person taxed and such entry shall be prima facie evidence of the due delivery of such statement and demand. No. 30 of 1898, s. GG. 43^ 675 in Distress Cap. H IRRIGATION DISTRICTS CO. 6T. All rates, charge.s and taxes payable under the provis- ions of this Ordinance shall be paid to the collector within ten days after such demand thereof by the said collector ; and in case of refusal or neglect to pay the same within such time or in case the same .shall not be paid before the return of the roll the collector or the secretary treasurer may levy the same with the costs of distress and sale by distress and sale of the goods and chattels of the defaulter situated within the district or of any goods and chattels found upon the premises asses.sed. No. 30 of 1898, s. 67. Taxes, a debt to board Return of roll Return to coramissioner 68. Taxes may be recovered as a debt due to the board in which case the production of the collector's roll or a copy of so much thereof as relates to the taxes payable by any person, certified by the secretary treasurer to be a true copy, shall be prima facie evidence of the debt. No. 30 of 1898, s. 68. 69. The collector shall on or before the first day of Decem- ber in each year or such later time as the board maj direct return the collector's roll to the secretary treasurer, with an aci/ount 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 ihkt the returns contained therein are correct. No. 30 of 1898, s 69. ARREARS OF TAXES. PROCEDURE AGAINST LAND TO. The secretary treasurer .shall from time to time make a return verified by his solemn declaration to the commissioner in such form as may be prescribed by the ci-mmissioner show- ing all lands within the district upon which taxes have been imposed and upon which entirely or in part the said taxes are overdue and unpaid for the year ending the thirty-first day of December next preceding. No. 30 of 1898, s. 70. 11. On production of such return by the attorney general of the Territories or some advocate authorised by him to a judge of the Supreme Court in chambers such judge shall ap- point a time and place for confirmation of the said return, notice of which shall be published in eveiy i.ssue of the oflRcial gazette for at least two months and such further or other notice of the appointment shall be given as the iudo-e shall direct. No. 30 of 1898, s. 71. Y3. At the time and place so appointed the judge shall hear the application and also any objecting parties and the evidence adduced before him and thereupon adjudge and determine whether or not the taxes imposed respectively upon each par- cel of land included in the return were either wholly or in part in default and report the adjudication to the said attoi-ney gene- conflrmation ral and shall also confirm the return as to such parcels on which any taxes are determined to be in arrears for over one year naming the amounts severally and addino- thereto a (i7(i ' " Application for confirmation of return Adjudication 1^98 IRRIGATION DISTRICTS Cap. 74 20 reasonable amount for the expense of advertising together with such sura as he may fix for costs of the application and the effect of such adjudication shall be to vest in the Crown for the public use of the Territories the said lands subject however to redemption by the owners respectively of the said lands at any- time within one year from the date of the adjudication by payment to the commissioner of the amounts named including expenses as aforesaid together with a redemption fee of five cents for each and everj^ acre in the pai-cel so redeemed and any subsequent taxes paid by the commissioner. No. 30 of 1898, s. 72. 13. At any time after the expiration of the year last named Exparte on ex parte application by the attorney general or his appointee foiPtuie'"'" and production of the last named adjudication together with such proof of nonredemption as the judge may require 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 Her Majesty freed from all liens, mortgages and encumbrances of whatever nature and kind the same may be. No. 30 of .1898, s. 73. Y4. So soon as such return has been confirmed the commis- Payment sioner shall pay to the district the amount of taxes adjudged comiuissioner in arrears on each parcel of land deducting therefrom any charges he may have been required to pay and thereafter yearly while owned by Her 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 ordinaiy individual. No. 30 of 1898, s. 74. 75. The commissioner may from time to time ofier for sale Sale of lands any lands vested in Her Maje.sty as herein provided at such prices and upon such terms as may be fixed by the Lieutenant Governor in Council. No. 30 of 1898, s. 75. 1<». The taxes accruing upon or in respect of any real estate Taxes special in the district liable to taxation under the provisions hereof ^™ shall be a special lien upon such real estate including the buildings and improvements thereon having preference over any claim, lien, privilege or encumbrance and of any party whomsoever. No. 30 of 1898, s. 76. GENERAL PROVISIONS. IT. In addition to the powers hereinbefore mentioned the Further board shall have and possess and may exercise all the powers boM-ef^"* which may be necessary in order to enable them to construct and maintain the said works and may by bylaw provide for the construction or maintenance thereof or both in such man- ner as it may see fit and may also make and enforce such regulations as it may see fit respecting the supply of water to any person and for the disposal or supply of any surplus water which is not required for the purpose of the district and 677 21 Cap. 74 IRRIGATION DISTRICTS CO. 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. No. 30 of 1898, s. 77. Borrowing 18. The board may pass bjdaws from time to time autho- rising the chairman and treasurer thereof to borrow from any person, bank or corporation such sum cr sums of money as may from time to time be required to pay any instabnent 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. No. 30 of 1898, s. 78. Vacancy in board T9. 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. No. 30 of 1898, s. 79. FaDing appointment of officers, etc. by board, commissioner to appoint 80. In case the board shall at any time fail to appoint the necessary officers to carry out the provisions of this Ordinance or in case any officer appointed by the board she'll fail to per- 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. No. 30 of 189^, s. 80. Alteration of boundaries ALTERATION OF BOUNDARIES. 81. The commissioner shall have power to alter and timend 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 boari. iNo. 30 of 1898, s. 81. EXECUTIONS AGAINST DISTRICTS. Execution against district 83. Any writ of execution against a district may be in- dorsed with a direction to the .-heritf to levy the amount thereof by rate and the proceedings thereon shall be as follows • 678 1898 IRRIGATION DISTRICTS Cap. 74 22 rl"l. The sheriff shall deliver a copy of the writ and indorse- ment to the secretary treasurer of the board with a statement in writing of the amount required to satisfy such execution including the amount of interest thereon and sheriff's fees and demand the payment of the same ; 2. In case the amount demanded is not paid to the sheriff within thirty days after such delivery the sheiitf shall examine the assessment roll of the distiict 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 ccntage 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 respect to the general annual rates ; 4. In case at any time for levying the annual rates next after the receipt of such precept the secretary treasurer of the board has a general rate roll delivered to him for such year he shall add a column thereto headed : " Execution rate in A.B. versus The Irrigation District " as the case may be, adding a similar column if there are more executions than one and shall insert therein the amount by such precept required to be levied upon each owner respec- tively and shall levy the amount of such exi.'cution 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 per- centage ; 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. No. 30 of 1898, s. 82. 83. The secretary treasurer or collector of the district shall secretary for the purpose of carrying into effect or permitting or assist- ^^g^^g^J^? ing the sheriff to carry into effect the provisions of this Ordi- court nance with respect to such execution be deemed to be officers of the court from which such writ was issued and as such may be proceeded against by attachment, mandamus or otherwise to compel them" to perform the duties hereby imposed on them. No. 30 of 1898, s. 83. 679 5^ Cap. 74 IRRIGATION DISTRICTS C. 0. Assessment, 84. In case there is no secretary treasurer or collector and e c, ys e ^^^ trustees refuse or neglect to appoint such ofBcers 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 authorised to do by this Ordinance ; Appeal Provided that in case any person desires to appeal from any assessment or omission of assessment by the sheriff" appeal may be had to a judge of the Supreme Court. No. 30 of 1898, s. 84. SCHEDULE. FOKM 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 persors 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 favorable 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. 680 1898 IRRIGATION DISTRICTS FORM B. Cap. 74 .Irrigation District. 24 We the undersigned severally declare each for himself that he is an owner of land, as defined in The Irrigation District Ordinance, in the above named district; that he is of the full age of twenty-one years and that he votes upon the land set opposite his name and for or against the erection of the said district as indicated by the cross set opposite his name. Name. Land voted upon. For the erection of the district. Against the erection of the district. Returning Officer. FORM C. . Irrigation District. I, A.B., Returning Officer for the Irrigation District, hereby solemrdy 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 note 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 tha,t it is of the same force and effect as if made under ©ath and by virtue of The Canada Evidence Act, 1893. Declared before me at this day of 1 Returning Officer. A Gorrvmissioner or J.P- 681 Cap. 74 IRRIGATION DISTRICTS FORM D. Ballot Paper. CO. .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 682 CHAPTER 75. An Ordinance Respecting Schools. 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 School Orc^i- short title nance." No. 2 of 1896, s. 1. INTERPRETATION. 3. In this Ordinance except the context otherwise requires : interpretation L The expression "ratepayer" shall mean and include any "Ratepayer" person over the age of twenty-one years whose name appears on the last revised assessment roll of the school district who has paid all taxes due by him to the said district ; 2. The expression " resident ratepayer " shall mean and in- "Resident elude: ratepayer" (a) In any school district where no assessment has been made, or for the purposes of the first school meeting, any person over the age of twenty-one years actually residing within the proposed school district and who has so resided therein and owned or been the occu- pant of assessable property therein, for a period of at least three months immediately prior to the date of the first school meeting, or any person over the age of twenty-one years who has actually resided within the proposed district for at least three months im- mediately prior to the date of the first meeting who is in receipt of taxable income therein; (6) After the erection of a school district, any person over the age of twenty-one years actually resident within the school district whose name appears on the last revised assessment roll of the school district who has paid all taxes due by him to such district ; 3. The expression " town school district " shall mean a school "Town school district situated wholly or in part within a town or city ^®''"''' municipality : Provided that any school district situated wholly or in part Proviso within the municipality of Prince Albert shall not be consider- ^"°''® '^^''®''' ed a town district ; Provided further that any school district situated wholly or Prinoe Albert in part within the municipality of the town of Prince Albert shall be empowered to elect five trustees and no more, such trustees to hold ofRce as in the case of town school districts. No. 2 of 1896, s. 2. 683 Cap. 75 SCHOOLS C. 0. Classes of schools CLASSES OF SCHOOLS. 3. There may be established subject to the provisions of this Ordinance and to the regulations of the Council of Public In- struction the following classes of schools namely : 1. Public schools, for pupils over five years of age in which instruction shall be given in the elements of an English and commercial education ; 2. Separate schools, for pupils over five years of age in which instruction shall be given in the elements of an English and commercial education ; 3. Kindergarten schools, for pupils between four and six years of age in which instruction shall be given according to kindergarten methods ; 4. Night schools, for pupils over fourteen years of age who are unable to attend during the usual school hours ; 5. Normal schools, for the training of candidates for first, second and third class teachers' certificates ; 6. Teachers' institutes, for the reading of papers and the general discussion of educational topics. No. 2 of 1896, s. 3. COUNCIL OF PUBLIC INSTRUCTION. Council of Public Instruction Quorum Proviso Appointment of officers 4. The members of the Executive Council of the Territories and four persons, two of whom shall be Protestants and two Roman Catholics, appointed by the Lieutenant Governor in Council shall constitute a Council of Public Instruction and one of the said Executive Council, to be nominated by the Lieu- tenant Governor in Council, shall be chairman of the said Coun- cil of Public Instruction. The appointed members shall have no vote and shall receive such remuneration as the Lieutenant Governor in Council shall provide. (2) The Executive Council or any subcommittee thereof appointed for that purpose shall constitute a quorum of the Council of Public Instruction but no general regulations re- specting : (a) The management and discipline of schools ; (b) The examination, grading and licensing of teachers ; (c) The selection of books ; {d) The inspection of schools ; (e) Normal training ; ■shall be adopted or amended except at a general meeting of the Council of Public In,struction duly convened for that purpose. No. 2 of 1896, s. 4 ; No. 3 of 1897. 5. The Lieutenant Governor in Council may from, time to time, determine what officers or persons it is necessary to em- ploy for any of the purposes mentioned in this Ordinance, assign their names of office, prescribe their duties and salaries, and make the necessary appointments. No. 2 of 1896, s. 5. 684 1898 SCHOOLS Cap. 75 ■) 6. It shall be the duty of the Council of Public Instruction- — council of Public 1. To make regulation for the government and discipline of o^y^''*'°" schools and institutes and for the trainins: and certification of teachers ; 2. To prescribe programmes of study and text books ; 3. To define by " standards " the studies to be pursued in all schools, such standards to be numbered from I. upwards; stand- ards above standard V. to be further denominated "High school standards;" 4. To provide for the examination of persons, other than teachers, who may desire to enter professions or who may wish certificates of having completed courses of study in any school; 5. To prepare suitable forms and give such instructions as may be necessary for making all reports and conducting all proceedings required by this Ordinance ; 6. To determine all cases of appeals, disputes and complaints arising from decisions of trustees or inspectors and to make such orders thereon as may be required ; 7. To make any provision not inconsistent with this Ordin- ance that may be necessary to meet exigencies occurring under its operation. No. 2 of 1896, s. 6. T. The Council of Public Instruction shall report annually Annual report to the Lieutenant Governor in Council upon all the schools and°* "o™"!' institutes herein mentioned with such statements and sugges- tions for promoting education generally as they may deem useful and expedient. No. 2 of 1896, s. 7. 8. The Council of Public Instruction shall have power to suspension or suspend for cause the certificate of any teacher and also to cCTtmcate™ °' cancel the same. No. 2 of 1896, s. 8. 9. The chairman of the Council of Public Instruction may powers of empower any person to call any school meeting required to be^^Jp™*" held under this Ordinance when the person or persons invested regarding with the power to do so neglect or i-efuse to act. No. 2 of meetings 1896, s. 9; No. 5 of 1897, s. 1. 10. The chairman of the Council of Public Instruction may Commissioner appoint a commissioner to examine into and report upon the g°i[oPi°'^'^ °" condition of any one or more schools and such commissioner shall have the power of a school inspector for the purpose. (2) The chairman of the Council of Public Instruction may on finances at anv time ap|ioint a commissioner to inspect the financial °' '^^^'"°' condition of any school district. (3) The chairman of the Council of Public Instruction may to conduct appoint a commissioner to conduct the aflfairs of any school ^Sct"' district or di'itricts and any such commissioner appointed shall have within the district or districts all the powers and authori- ties of the board of trustees and other officials of the district conferred by this Ordinance and such commissioner may be 685 Cap. 75 SCHOOLS CO. On appointment commissioner trustees cease to hold oBioe remunerated out of the funds of such district or otherwise as the Lieutenant Governor in Council may decide. (4) "Upon the appointment of any such commissioner the board of school trustees of any school district for which he is appointed shall cease to hold office as such. No. 2 of 1896, s. 10 ; No. 5 of 1897, ss. 1, 2. SCHOOL DISTRICTS. Name of district Number 1 1. Every school district created under this Ordinance shall be entitled " School District No. of the North- West Territories." (2) School districts shall be numbered consecutively in the order of their erection. No. 2 of 1896, s. 11. Area Population Nonresidents may obtain scliool privileges Special cases other houndaries permitted Consent necessary 1 3. A school district shall comprise an area of not more than twenty-five square miles nor more than five miles in breadth or length, exclusive of road allowances, and shall contain not less than four resident ratepayers and twelve children between the ages of five and sixteen inclusive : Provided always that any person not living within a .school distiict maj' apply to the trustees of any organised school dis- trict to have his or her property not already included in any other district, assessed in any such .school district to secure the advantages of education for his or her children and in such case the trustees shall receive such application and place such property on the assessment roll of such district and such pro- perty shall remain on such assessment roll until a new district is established including such property: Provided that in special cases the chairman of the Council of Public Instruction mav permii. the boundaries of any school district to exceed five miles in breadth and length or either : Pi-ovided further that such pei-mission shall only he given in cases where all the resident ratepayers affected by such permis- sion have agreed in writing to the same. No. 2 of 1896 s. 12 ■ No. ,5 of 1897, s. 1. FORMATION OF SCHOOL DISTRICTS. Committee for erection of districts 13. Any three ratepayers resident in any area fulfillino- the requirements of section 12 of this Ordinance may be formed or may form themselves into a committee to procure its erection into a school district and may petition the chairman of the Council of Public Instruction for such erection. No. 2 of 1896 s. 13; No. 5 of 1897, s. 13 (2). Petition Contents 1 4. The petition may be in form A in the schedule to this Ordinance, and shall set forth : 1. The proposed name, limits, location and approximate area of the proposed school district ; 2. The total population and the number of adults and child- ren between the ages of five years and sixteen years inclusive 686 1898 SCHOOLS Cap. 73 5 and the number of children below the age of five years resident within the proposed district ; 3. The total number of ratepayers in the district and the number of Protestant and Roman Catholic ratepayers respec- tively ; and such petition shall be accompanied by a sketch, plan or map of the proposed district showing its boundaries, principal legal subdivisions, physical features and general location ; and except in the case of town school districts, the quarter sections or river lots, if the land is surveyed, on which the children of school age reside. No. 2 of 1896, s. 14. 1 5. The petition must be accompanied by a solemn declara- verification tion of a member of the committee that the members thereof "^p®'^*"^™ are bona fide resident ratepayers of the proposed school district and that the statements made in the petition are correct. No. 2 of 1896, s. 15 ; No. 29 of 1898, s. 2. 16. On receiving the approval of the chairman of the Coun- Notice of first cil of Public Instruction to the limits of any proposed district, ^'=''°°^°'**"°8; a notice calling a meeting of the ratepayers shall be posted up by the petitioners in at least five widely separated places within such limits, one of which shall be the post office therein or near- est thereto, at least two weeks next preceding the date of said meeting. The notice may be in form B in the schedule to this Form Ordinance. (2) Satisfactory proof that at least five such notices have Proof of been posted up as hereinbefore provided shall be furnished by^"'^'''"^ a solemn declaration in form C in the schedule to this Ordi- nance. No. 2 of 1896, s. 16 ; No. 5 of 1897, ss. 3, 4. FIRST SCHOOL MEETING. 1 H, At one o'clock in the afternoon (standard time) of the First meeting day appointed in the notice of the committee calling the first school meeting the resident ratepayers present shall organise Chairman the meeting by appointing a chairman, who shall be a resident Secretary ratepayer, and a secretary. No. 2 of 1 896, s. 17. 18. Only resident ratepayers shall be entitled to vote at or voting at take any part in a first school meeting. first meeting (2) Every resident ratepayer shall have as many votes as there are trustees to be elected but shall in no case vote more than once for one candidate at the same election. No. 2 of 1896, s. 18. 19. The chairman shall preside and put all motions to the chairman meeting. No. 2 of 1896, s. 19. ^^''«^ 30. The chairman may vote on any question and in case of chairman's an equality of votes he shall declare the motion lost. No. 2 of ^°*^ 1896, s. 20. 21. The chairman shall decide all questions of order sub- Questions ject to an appeal to the meeting. Xo. 2 of 1896, s. 21, °*°"^^- 687 6 Cap. 75 SCHOOLS C. O. Poll to beheld 33. A poll shall be held to decide the questions of the erec- tion of the proposed school district and the choice of trustees respectively. Time of poll (2) The poll in each case shall be opened at two o'clock in the afternoon (standard time). Nominations (3) Nominations for trustees shall be received by the chj?ir- man up to the. hour of two o'clock in the afternoon (standard time). No. 2 of 1896, s. 22. other 33. All otijer questions shall be decided by a show of hands. questions ^^_ ^ ^^ ^gyg^ ^_ ^^ Returning 34. The chairman shall be the returning oiBeer and after the time for nomination for trustees shall have elapsed shall open the poll or polls forthwith. No. 2 of 1896, s. 24. officer Record 35. The secretary shall record the votes given aiid the poll cioae^of pou shall be closed at four o'clock in the afternoon (standard time). No. 2 of 1896, s. 25. Oath of 26. If required by any person present or of his own accord qualification j£ deemed advisable the chairman shall administer the follow- ing oath or affirmation to any person desiring to vote : I, A.B., do solemnly swear (or affirm) that I am a bona fide resident ratepayer of (give name of district in full) ; that I am of the full age of twenty-one years ; that I am not an unenfranchised Indian ; 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.] No. 2 of 1896, s. 26. ELECTION OF TRUSTEES. Trustees, ST. In school districts other than town school districts there number shall be three trustees each of whom after the first election Term of office shall hold office for three years and until his successor shall have been appointed. No. 2 of 1896, s. 27. Nomination '^^* ^^^^ trustee .shall be nominated by a mover and oftrustee seconder both of whom must be present and be resident rate- payers. No. 2 of 1896, s. 28. Acclamation 39. In case the number of nominations do not exceed the number of tiustees to be elected the chairman shall declare the person or persons nominated to be elected. No. 2 of 1896 s. 29. Term of office ^^' The trustees elected at a first school meeting shall be First election declared to hold office as follows : 1. The candidate receiving the highest number of votes or the first one nominated if no vote has been taken shall be 688 1^98 SCHOOLS Cap. 75 'J elected to serve until and including the thirty-first day of December of the second year following the election ; 2. The candidate receivinfl- the second highest number of votes or second in order of nomination if no vote has been taken 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 if no vote has been taken shall be elected to serve until and including the thirty- first day of December following the election : Provided always that when the election takes place between Proviso the thirtieth day" of June and the thirty-first day of December ^'^lattS'^ha'f' following in any year the third trustee shall continue in office''' ^^'^^ until and including the thirty-first day of December of the year following the election ; the second trustee shall continue in office until and including the thirty-first day of December of the second year following the election ; and the first trustee shall continue in office until and including the thirty-first day of December of the third year following the election. No. 2 of 1896, s. 30. 31. The persons qualified to be elected trustees shall be Qualification actual resident ratepayers within the district, able to read and °"'™^'^''^ write and not disqualified under this Ordinance. No. 2 of 1>S96, s. 31. 33. No trustee shall hold the office of teacher within the dis- Teacher trict in which he is a trustee. No. 2 of 1896, s. 32. disqualified 33. Every trustee shall within eight days after his election Trustees' makefile following declaration before the chairman of theofoffloef meeting at which he was elected or a justice of the peace (which declaration such chairman or a justice of the peace is hereby authorised to receive and take) : I, A.B., do hereby accept the office of tru.steeto which I have been elected in {nci'me oj school district in Jull) and I will to the best of my ability honestly and faithfully discharge the duties devolving on me as such trustee during the term for which I have been elected in accordance with law. (2) The chairman or justice of the peace shall thereupon certificate grant him a certificate in the following form : declaration I, CD., do hereby certify that {give name, refiidence and"^^^^ occupation of the person mentioned), elected trustee for (give name of school district) hsis this day made before me the de- claration of office as prescribed by the Ordinance in that behalf. (Signature) CD., Chairman or J.P. Dated No. 2 of 1896, s. 33 ; No. 29 of 1898, s. 3. & 34. The chairman of the first school meeting shall within chairn, ten days after the date of the meeting send to the department *° '^""^ U 089 lan Cap. 75 SCHOOLS CO. department copy minutes and declaration as to trustees of public instruction a certified copy of the minutes of the meet- ing and a solemn declaration stating the names and addresses of the trustees elected if any and that they have fulfilled the requirements of the next preceding section. No. 2 of 1896, s. 34 ; No. 5 of 1897, s. 13 ; No. 29 of 1898, s. 4. Controverted 35. In case the validity of the election of a school trustee is trustees 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. 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 mufjitis mutandis be followed and observed in contested elections of school trustees. No. 29 of 1898, s. 32. SEPARATE SCHOOLS. Separate schools Assessments 3(J. The minority of the ratepayers in any organised public school district, whether Protestant or Roman Catholic, may establish a separate school therein and in such case the rate- payers establishing such Protestant or Roman Catholic separate schools, shall be liable only to assessments of such rates as thej' impose upon themselves in respect thereof. No. 2 of 1896, s. 45. Petition for erection Form and contents Verification of petition SY. The petition for the erection of a separate school district shall be signed by three resident ratepayers of the religious faith indicated in the name of the proposed district. The peti- tion may be in form D in the schedule to this Ordinance and shall set forth— - (a) The religious faith of the petitioners ; (b) The proposed name (stating whether Protestant or Roman Catholic) of the district ; (c) Its proposed limits, definite location and approximate area ; (d) The total number of ratepayers and of children be- tween the ages of five years and sixteen years in- clusive, of the religious faith (Protestant or Roman Catholic) of the petitioners, residing within the limits of the proposed district ; (e) The total assessed value of their real and personal propeity according to the iast revised assessment roll of the district ; and such petition shall be accompanied by a solemn declaration of one of the petitioners verifying the facts set forth in their petition. No. 2 of 1896, s. 46. Voters on petition Qualification 38. The persons qualified to vote for or against a petition for the erection of a separate school district shall be the rate- payers resident therein being of the same religious faith (Pro- testant or Roman Catholic) as the petitioners. No 2 of 1896 s. 47. G90 school district 1N9.S SCHOOLS Cap. 75 9 39. The notice calling a meeting of the ratepayers for the Notice of purpose of taking their votes on the petition for the erection met^mgTnA of a separate school district may be in form E in the schedule ^^^^^|^?f^g to tliis Ordinance and the proceedings subsequent to the post- ing of such notice shall be the same as prescribed in the for- mation of public school districts. No. 2 of 1896, s. 48. 40. After the establishment of a separate school district Rights and under the provisions of thisOrdinance such separate school dis-ofseparace trict shall possess and exercise all rights, powers, privileges ^''''°°''^*^^"''''^ and be subject to the same liabilities and method of govern- ment as is herein provided in respect of public school districts. (2) Any person who is legally assessed or assessable for a Assessment public school shall not be liable to assessment for any separate school established therein. No. 2 of 1896, s. 49. ORDER FOR ERECTION OF SCHOOL DISTRICT. •41. Upon notice by the chairman of the Council of Public Erection of Instruction that all requirements have been complied with, the "" Lieutenant Governor in Council may order the erection of the district into a school district or separate school district, as the case may be. No. 5 of 1897, s. 7 ; No. 29 of 1898, s. 8. DEFERRED SCHOOL MEETINGS. 43. In case from want of proper notice or other causes any Provision first or other school m.eeting required to be held under this prescribed Ordinance was not held at the proper time any two resident "J^?^'^^'^''' ratepayers of the school district may within thirty days after the time at which the meeting should have been held call a school meeting by giving eight days' notice to be posted in at least five of the most public places in the school district and Notice and the meeting thus called shall possess all the powers and per- melung ' '^^^'^ form all the duties of the meeting in the place of which it is called. No. 2 of 1896, s. 42. ANNUAL SCHOOL MEETING. 43. An annual meeting of the ratepayers of every school Ratepayers' district except town school districts .shall be called by the trus- meeting tees for a day not later than the last Saturday in January of each year by public notice giving the day, place and hour of meeting and such notice shall be posted in five conspicuous places within the district, one of which shall be the post office Public notice therein or nearest thereto, eight days before the day for which the meeting is called. No. 2 of 1896, s. 35 ; No. 29 of 1898, s. 5. 44. The chairman of the board of trustees if present shall Chairman and be chairman of the nireting and the secretary of the school '"^'^''®'^'''' district shall record the minutes thereof. In the absence of the chairman the ratepayers present shall elect one of their number to preside. No. 2 of 1896, s. 36. 44.', 691 10 Cap. 75 SCHOOLS CO. To bo read to the meeting Teacher's statement Inspector's report Trustees' statement General Treasurer 8 statement 45. There shall at such meeting be submitted by the board of trustees and read to the meeting— 1. A statement of the teacher, signed by him, giving the following particulars : (a) The number of days on -which school was kept open during each term succeeding the last annual meeting; h) The total number of children attending school during that period, specifying the number of males and females respectively ; (c) The average daily attendance during each term ; (d) The branches of education taught in the school and the number of children studying each ; (e) The number of dismissals of scholars for misbehaviour or other causes ; 2. The report of the inspector on the occasion of his la.st inspection of the school ; 3. A statement showing — (a) The names of the trustees ; (b) The vacancies created in the board during the year, if any, giving the reasons therefor, with an account of the elections held to fill such vacancies and the results thereof ; (c) The engagements entered into during the year by the board as well as an account of those entailed upon them by their predecessors ; (d) The amount of assessable property in the district according to the last finally revised assessment roll ; (e) Rate of school tax per dollar ; (/) Rate of tax per dollar to pay oif debenture indebted- ness in cases where the school district is not wholly included within the limits of a municipality ; (g) The appeals against assessment iBade to a judge of the Supreme Court and the result of such appeals ; (h) The times of holding meetings of the board of trustees during the year and the resolutions adopted at such meetings with such particulars of the minutes as may be demanded by any ratepayer present ; (i) Particulars of the real and pei-sonal property held in the district : 4. The treasurer's statement showing — (a) The amount of money received by the district from all sources during the year, with particulars ; (b) The amounts accruing to the school district funds of the past year on account of Government grants ; (c) The amount of money duo the district from all soui-ces with particulars ; 6!)2 189S SCHOOLS Cap. 15 U (d) The amouut of money paid out by the district during the year with the particulars of payment ; (e) The amounts if any due by the district, to whom due and the terms and times of payment ; 5. The auditor's report ; Auditors report 6. Such further statement in relation to the affairs of the Further district as may be deemed advisable. No. 2 of 1896, s. 37 ; No. >^t'^t«>"«"t 29 of 1898, s. 6. 46. The business of such meeting may be conducted in the Order of £ 11 • ™ J o ./ business loJlowmg order : 1. Receiving the statements submitted by the trustees and disposing of the same ; 2. Receiving the report of the auditor and disposing of the same ; 3. Electing an auditor for the following year ; 4. Miscellaneous business ; 5. Electing a trustee or trustees to fill any vacancy or vacancies. No. 2 of 1896, s. 38. 41. Except as is otherwise expressly provided the procedure procedm-e at an annual school meeting shall be the same as that pre- scribed for the first school meeting. In case any objection is objection made to the right of any person to vote at an annual school *° ^'''*'"' meeting the presiding officer may require such person to make the following oath or affirmation : I, A.B., do solemnly swear {or affirm) that I am a bona fide Oathot resident ratepayer of (give name of district in full) ; that i ^iiaWflcaWon have paid all taxes due hy me to this school district ; that I am of the full age of twenty-one years ; that I am -not an unenfranchised Indian ; 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. ^J!iote — In the case of an afiirrnation the words " So help me God" shall be omitted.] No. 2 of 1896, s. 39. 48. If in any school district in which there are more than Postponement fifty ratepayers according to the last revised assessment roll any "' pouins ten resident ratepayers so request, the polling at the annual election of trustee or trustees shall take place on the same day of the week in the week following the meeting at which the nomination of candidates takes place. (2) Such request shall be in writing and shall be accom- panied by a statutory declaration verifying the same and be delivered to the chairman or secretary of the board of trustees not later than the fifteenth day of December preceding such election. (3) The poll so to be held shall be open from the hour of ten o'clock in the forenoon and shall continue until and close at the hour of five o'clock in the afternoon. No. 29 of 1898, s. 7. 093 12 Cap. 75 SCHOOLS C. Ballot election 49. In any school district as in the preceding section men- tioned upon a written request signed by not less than ten resi- dent ratepayers the polling at the annual election of a trustee or trustees shall be by ballot according to the manner prescrib-. ed by The Manicipal Ordinance for the election of town school trustees, in so far as the provisions in that behalf may apply. (2) The request mentioned in this section shall be verified by the affidavit or statutory declaration of a subscribing wit- ness thereto and shall be delivered to the chairman or secretary of the board of trustees not later than the fifteenth day of December immediately preceding the election. No. 29 of 1898, s. 7. Request to be verified Time of xonpaj-ment 50. No person shall be entitled to vote at any school meet- disqualifles ^^S '^^ ^or the election of a trustee or trustees or to be nomin- yoterand ated as trustee in any school district who has not paid all taxes in arrear due by him to such district. No. 2 of 1896, s. 41. Qnaiifloation .51. Trustees shall be resident ratepayers who are able to of trustees ^^^^ ^^^ ^.^..^.^ j,^_ ^ ^^. ^^^^^ ^ ^^ . ^^^ ^ ^^ -^^^^^ ^ ^ ALTERATIONS IN LIMITS OF SCHOOL DISTRICTS. .\ iteration of boundaries i>3. The Lieutenant Governor in Council shall have power to alter the boundaries of a school district by adding thereto or taking therefrom or to divide one or more existing school districts into two or more districts or to unite portions of an existing district with another district or with any new district in case it has been satisfactorily shown before them that the rights of ratepayers under section 14 of The North- West Ter- ritories Act to be affected thereby, will not be prejudiced and that the proposed changes are for the general advantage of those concerned. No. 2 of 1896, s. 50; No. 5 of 1897, s. 13 (3). Where debenture debt Adjustment of assets and liabilities .53. In the case of any school district having debenture debt outstanding no alteration shall be made in the same or in the boundaries thereof which will prejudicially affect the rights or security of the holder of such debentures without due provision being made for the protection of such holder. (2) No alteration shall be made in the boundaries of any school district without due provision being made for the settle- ment and adjustment of the assets and liabilities of the same between the districts into which the same may be divided or between the stxme and the portions thereof added to or taken therefrom ; and the Lieutenant Governor in Council may cause the necessary inquiries to be made in order to ascertain and determine the due proportion of such assets and liabilities and the best method of settling and adjusting the same as afore- said and may in their discretion appoint one or more commis- sioners to make such inquiries and report thereon and may in and by the proclamation or minute altering such district pre- sci-ibe and declare the terms of such settlement and adjustment and the manner in which the same shall lie carried into efiect 694 1898 SCHOOLS Cap. 75 l-S and in cases in which by the terms of such settlement and adjustment any rates or taxes are required to be levied or collected upon property in any division of such district or taken from such district, uiay prescribe by whom, at what times, and in what manner such rates and taxes shall be raised, levied and collected, and to whom the same or anjr part thereof shall be paid and by what district or districts, in what propor- tions and to whom the expenses of such settlement and ad- justment shall be paid. No. 2 of 1896, 5. 51 ; No. 5 of 1897,s. 13 (3). UNION OF PUBLIC AND SEPARATE SCHOOL DISTRICTS. 54. If in any area there exist a public school district and a Union of separate school district and it is resolved by the ratepayers of smirato"'' each of such school districts, at a public meeting of such ra-te-'''™°°''**^'™''* payers respectively called for the purpose of considering the question, that it is expedient that such districts should be dis- organised for the purpose of the union of the same and the erection of such area into a public schooJ district the chairman of the Council of Public Instruction may order the disorganis- ation of such existing districts and order the erection of such area into a public school district with such name as he may decide upon ; and there'ifter the said chairman may make such orders, provisions and appointments as to him shall appear proper for the completion of such disorganisation and the erec- tion of the public school district and as to all matters incident thereto and necessary for the establishment and operation of the same as a public school district and for the carrying out therein of all the provisions of this Ordinance and for the ad- justment, arrangement and winding up of all the affairs of such di.sorganised districts and for the settlement of their liabilities and disposition of their assets : Provided that unless the liabilities of such disorganised dis- tricts are not otherwise liquidated the same shall be assumed by and imposed upon such newly created district and any de- bentures issued by the disorganised districts or either of their, shall have the same force and effect upon the newly established district and the property and rates thereof as they had upon the district by which they were respectively issued and its property and rates and the trustees of such newly organised district may authorise and direct the levy and collection of such rate or rates as may from time to time be necessary for the discharging of any liability or debenture indebtedness of a disorganised district assumed by or imposed upon such new district. No. 29 of 1898, s. 9. DISORGANISATION OF SCHOOL DISTRICTS. 55. The Lieutenant Governor in Council may by order de- uis- clare that on and after a day therein to be named any school oPmstricts" district shall be disorganised and thereupon the same shall cease to have or enjoy any of the rights, powers and privileges vested in such corporations by this Ordinance ; and upon any such G95 ]4 Cap. 75 SCHOOLS CO. Adjustment of assets and liabilities disorganisation of a school district the chairman of the Council of Public Instruction may appoint one or more persons as com- missioners to adjust and settle the assets and liabilities of such district and such commissioner or commissioners so appointed shall have full power and authority to sell and dispose of and convert into money all the assets and property of such district and apply the same so far as the same will extend : first, in pay- ment of the liabilities of the said district and secondly, in payment of his or thair remuneration as hereafter mentioned and divide the surplus, if any, pro rata among the ratepayers of the said district entitled to share therein ; and in case the amount so realised shall be insuiEcient to pay and satisfy the liabilities of the said district and his or their remuneration then such commissioner or commissioners shall have 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 such indebtedness (or any balance thereof remaining unpaid) and all expenses connected therewith (including his or their remuneration) which shall be fixed by the chairman of the Council of Public Instruction. No. 5 of 1897, s. 9. Alteration of name Effect of change CHANGING NAME OF SCHOOL DISTRICT. 56. The chairman of the Council of Public Instruction may from time to time alter the corporate name of any school dis- trict upon the petition of the trustees of such district and notice of such alteration shall be published in the official gazette but in such cases the seal theretofore used by such district shall continue to be the seal thereof until changed by the trustees. (2) No change in the corporate name of any school district made in accordance with the provisions of this Ordinance shall affect any obligations, rights, actions or property incurred, established, done or acquired prior to such chano-e. No. 2 of 1896, s. 53 ; No. 5 of 1897, s. 10. Trustees' election iu towns ELECTION OF TRUSTEES IN TOWN SCHOOL DISTRICTS. 5T. In town school districts the annual nomination and election of trustees shall be held at the same time and place as the municipal nominations and elections. The returninu- officer for the municipality shall receive nominations, declare a poll and prepare ballot papers in the same manner as is prescribed for elections held under The Municipal Ordinance or any amendments thereto. No. 2 of 1896, s. 54. Publication of annual reports 58. All reports required under section 45 of this Ordinance where elections are held as provided for under the precedino- section may be printed in a newspaper published in the school disti'ict at least one week before nomination day or a public meeting shall be held on nomination day and trustees shall then give the required information as is provided for in the case of school districts. No. 2 of 1896, s. 56. 696 1898 SCHOOLS Cap. 75 15 59. The board of public school trustees of a town school clis- Vacanuies trict shall give notice to the secretary treasurer of the munici- Nota°ce^to pality on or before the fifteenth day of November in each year ""'^''''p'''''^^' of the number of vacancies required to be filled to make the school board complete and the election to fill such vacancies Election shall be held on the same day and in the same manner as elections of municipal councillors except as to qualification to vote which shall be as provided for in this Ordinance. (2^ The board of school trustees shall on or before the first List for day of December in each year furnish the secretary treasurer t?eaa!Ser of the municipality with a list of the resident ratepayers within °^j™jH.|pg any portion of the school district which is not included in the "otip limits of limits of the municipality which list shall be delivered to ^j^g'"™^'''!"^' y returning officer by the said secretary treasurer. No. 2 of 1896, s. 56. ftO. In every case in which notice is given as aforesaid the Municipal nomination and election of school trustees shall be held at thetob?used same time and place and by the same returning ofiicer or offi- cers and conducted in the same manner as municipal nomina- tions and election of councillors and the provisions of The Municipal Ordinance respecting the time for opening and closing the poll, the mode of voting, corrupt or improper prac- tises, vacancies and declaration of office shall mutatis mutandis apply to the election of school trustees. No. 2 of 1896, s. 57. 61. In the list of qualified voters to be delivered to the re- Supporters turning officer by the secretary treasurer of the municipality °choois'to'be before the opening of the poll the secretary treasurer shall 'ii''ti°s"i*<"i place opposite the names of any persons on the said list who have been returned to him as supporters of separate schools the letters " S.S.S.," and the returning officer shall not deliver xo ballot to to any such person a ballot paper for public school trustees. ^'^'^^ No. 2 of 1896, s. 58. tt3. In case any objection is made to the right of any person objection to vote at any election of town school trustees the 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 s\\cear (or affirm) that I am a bona fide Oa,th resident ratepayer of (give name of dAstrict 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 am not an unen- franchised Indian ; that I have not before voted at this election, and that I have not received any reward either directly or in- directly nor have I any hope of receiving any reward for vot- ing at this time and place. So help me God. [Note — In the case of an affirmation the words " So help 'n/.c. God " shall be omitted.'] No. 2 of 1896, s. 59 ; No. 29 of 1898, s. 10. C3. A separate set of ballot papers shall be prepared by the Ballots tor returning officer containing the names of the candidates nomi- election 697 1« Cap. 75 sr:HOOLS CO. nated for school trustees, of the same form as those used for councillors except the substitution of the words " scljool trus- tee " for " councillor " on said ballot paper. No. 2 of 1896, s. 60; No. 29 of 1898, s. 11. Number of town trustees €4. The board of trustees of every town school district shall consist of five members and no more. No. 2 of 1896, s. 61. Terra of office 65. Trustees of town school districts shall be elected to serve for a period of two years. ELECTION OF AUDITOR. Auditor In town districts 66. At the first school meeting and at the annual meeting an auditor shall be elected by the ratepayers to audit the accounts of the district for the ensuing year and report the result thereof to the next annual meeting. No. 2 of 1896, s. 63. 61. In town school districts the auditors for the munici- palitjr shall be the auditors for the school board at such remuneration as shall be fixed by the school board. No. 2 of 1896, s. 64. MINUTES OF MEETINGS. Copy minutes for department Trustees a body- corporate 68. A copy of the proceedings of every meeting of the rate- payers of a school district after the first school meeting signed by the chairman and secretary shall be forthwith, transmitted by the secretary of such nieeting to the department of public instruction together with a solemn declaration by the chairman stating the names and addresses of the trustees elected if any and that such trustees have fulfilled the requirements of section 33 hereof. No. 2 of 1 896, s. 65 ; No. 5 of 1897, s. 13 ; No. 29 of 1898, s. 12. TRUSTEES A BODY CORPORATE. 61>. The trustees of every school district shall be a body corporate and as such body corporate shall have all the rights and be subject to all the liabilities of a corporation at common law and shall have full power to acquire, hold and alienate both real and personal estate for all school purposes and by the same name they and their successors shall have perpetual succession and they shall have full power to sue and be sued, implead and be impleaded, answer and be answered unto in all courts and in all actions, causes and suits at law and in equity whatsoever and they shall haVe a common seal and they shall be in law capable of receiving by donation, acquiring, holding, disposing of or conveying any property real or movable for the use of the said school district and of becoming parties to any contracts or agreements in the management of the affairs of the said school district and of negotiating loans and borrow- ing money upon the credit of such corporation for the purpose of defraying any expenses necessary for the carrying on the business of such corporation, subject always to the regulations and requirements of this Ordinance, No. 2 of 1896 s 66 698 1898 SCHOOLS Cap. 75 17 BOARD OF TRUSTEES. TO. If the number of trustees be reduced to one that one Quorum shall be held to be a quorum until other members are elected. No. 2 of 1896, 3. ti7. 11. No trustee shall take or posses.s any pecuniary interest Trustee not to profit or promise or expected benefit in or from any contract, in contract of 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 cor- poration, except as secretary treasurer or for a school site. (2) Any trustee violating an}' of the provisions of this sec- Forfeiture tion shall thereby forfeit his seat and the remaining trustees shall declare the seat vacant and it shall thereby become va- cant and an election to till the vacancy so created shall be held forthwith. No. 2 of 1896, s. 68. 13. It shall be the duty of the board of trustees of every Duties scliool district to — 1. Elect a chairman within ten days after the annual school ^hli'man meeting in each year ; 2. Select and acquire a school site, which shall be in the cen- Acquire tre of the district or as near thereto as the situation of the road allowances and the securing of a dry, healthy, and suitable location will permit. In the event of it not being found con- venient to have the school house located exactly in the centre of the school district the trustees may locate it elsewhere with- in the district upon receiving the consent of the chairman of the Council of Public Instruction to such location: Provided that in town school districts the trustees may select such site as in their judgment is desirable, subject to ratification by the ratepayers in the case of debentures being issued ; 3. Engage a qualified teacher or teachers on such terms as Engage the board may deem expedient, the contract wherefor shall '''"'°^^'' be in writing and may be in form F in the schedule to this Ordinance and a certified copy of such contract shall be at once forwarded to the department of public instruction ; 4. Forthwith report to the department of public instruction Report the appointment, resignation or dismissal of a teacher or teach- on teachers ers in their districts and in the case of dismissal the reason for such dismissal ; 5. To take possession and to have the custody and safe keep- School ing of all school property which has been acquired or given forP™'®''*^ all school purposes to their district ; 6. Do whatever they may judge expedient with regard to school building, repairing, renting, warming, furnishing and keeping |XT'"' in order the school house or school houses in their district, its or their furniture and appendages, and the school lands and 699 IS Cap. 75 S(_:hooi>s CO. Assse-ssments and taxes Records, minutes and accounts inclosures held by them and for procuring apparatus and school books for their school and may erect and keep in order stabling accommodation ; 7. Make such assessments on real and personal property of the district and levy such taxes as may be nece.ssary to defray all lawful expenses and liabilities of the school district for the year or that part thereof for which such taxes are required to be levied. Objectionable 8. Suspend or expel any pupil whose habitual conduct or pupils condition is found to be injurious to the other pupils ; 9. Keep a record of their proceedings signed for each sitting by the chairman and secretary and see that true accounts both of the school and district are kept and the affairs of the district generally are conducted in the manner provided by this Ordinance and with due regard to efEciency and economy ; the accounts shall at all reasonable hours be open to the inspection of the ratepayers of the school district ; 10. Select and provide all such reference books for the use of pupils, maps, globes and other apparatus as may be prescribed by the Council of Public Instruction ; 11. Provide free of cost out of the funds of the district books and slates for the use of the children resident within the district and attending school whose parents are unable through poverty to procure the necessary books and slates for them, the property in such books and slates to remain in the school district ; 12. Provide when deemed expedient a suitable library for the school making such regulations as to lending and the pre- vention of loss or damage to the books of such library as they may think fit ; 13. Procure a corporate seal for the district ; 14. See that all the reports required by this Ordinance or by the regulations of the Council of Public Instruction are duly transmitted without delay ; 15. Call special meetings for any purpose whatever when- ever required to do so ; (a) By the chairman of the Council of Public Instruction; (6) In town school districts by a request in writing signed by ten resident ratepayers ; (c) In other school districts by a request in writing signed by a majority of the resident ratepayers ; 16. Appoint a returning officer to preside at all elections ex- cept as otherwise herein provided under this Ordinance ; 17. See that the law with reference to compulsory education and truancy is carried out ; ^ 18. Provide wholesome and pure water for the use of the children during school hours ; 700 School apparatus Provide books and slates for needy children School library Corporate .seal Reports Special meetings Elections, returning officer Truancy M^atcr 1898 SCHOOLS Cap. 75 19 19. Provide separate buildings for privies for boys and girls Privies respectively. The buildings shall be erected in the rear of the school house, at least ten feet, apart their entrances facing in opposite directions or otherwise effectually screened from each other. No. 2 of 1896, s. 69 ; No. 5 of 1897, s. 13. 13. Any person eligible and elected to the office of school Trusi;ee trustee who refuses to serve as such shall forfeit the sum of Penalty S20, and his neglect or refusal if resident at the time within the district to take declaration of office before the first regular meeting of the trustees shall be construed as such refusal, after Re-eieotion which another person shall be elected to fill the place ; but no school trustee shall be re-elected except by his own consent during the two years next after his going out of office. No. 2 of 1896, s. 70 ; No.' 5 of 1897, s. 11. T4. Any person chosen as trustee may resign with the con- Resignation sent expressed in writing of his colleagues in office but such resignation shall only take effect upon the election of his suc- cessor and a continuous non-residence of three months or neg- lect or refusal to attend the meetings of the board of trus- tees during a period of three months or conviction of any felonj. shall cause the vacation of his office. Such consent Vacation may be in form G in the schedule to this Ordinance. No. 2 of °*°'''''® 1896, s. 71. TS. Except in town school districts in all cases of vacancy Filling another trustee shall be elected at a meeting called by the trus- ™°^""®® tees or trustee remaining in office and the person so elected shall hold office for the unexpired term of the trustee whom he replaces : Provided if the vacancy is not filled within one month the chairman of the Council of Public Instruction may appoint some qualified person to fill it. (2) In all school districts other than town school districts the election of a trustee to fill such vacancy shall be held in the same manner as at a first school meeting. No. 2 of 1896, s. 72 ; No. 5 of 1897, as. 1, 12. CONTRACT FOR ERECTION OF SCHOOL HOUSE. IC The trustees of any school district may by resolution Erection of enter into a contract to have a school house built at a cost not ^^ °° °^^^ to exceed $500, payment for which may extend over a period of not more than five years at a rate of interest not to exceed eight per centum per annum. No. 2 of 1896, s. 73. POWER TO BORROW. TT. The board of trustees of any school district may autho- Bylaw to rise the chairman and treasurer thereof to borrow from any torTOwTng person or bank or corporation such sum of money as may be money required to meet the expenditure of the school district until such time as the taxes levied thereon can be collected or in the 701 20 Cnp. SCHOOLS C. (J. case of school districts situated within a municipality or partly within a municipality, until such time as the municipal council can pay the school taxes to the trustees ; such authorisation shall be by bylaw of the board of trustees and shall be under the seal of the corporation. No. 2 of 1896, s. 74. ELECTION OF CHAIRMAN. Trustees^^ 18. The school trustees shall meet within ten days after chairman, their election for the purpose of choosing one of iheir number and treasurer as chairman and appointing a secretary and a treasurer and transacting such other business as may be required. (2) In ease of absence of the chairman from any meeting of the board the then assembled trustees shall elect one of their number to act in that capacity for the time being, who shall then be vested with the same powers and privileges as the ordinary chairman. No. 2 of 1896, s. 75. Chairman pro teni. » Votes of trustees 19. In the meetings of the school trustees all questions shall be decided by the majority of the votes and the chair- man shall have the right to vote but in case of an equality of votes the question shall be decided in the negative. No. 2 of 1896, s. 76. PROCEEDINGS OF BOARD. MEETINGS. Corporate acts Notice of meetings Quorum 80. No act or proceeding of a board of trustees shall be deemed valid or binding on any party which is not adopted at a regular or special meeting of the corporation, of which two clear days' notice in writing shall have been given to each trus- tee or delivered to .'*ome adult person at the residence of each trustee and a majority of trustees at such meeting shall have full authority to perform any lawful business. No. 2 of 1896 s. 77. Waiver of notice CalHng meetings 81. The trustees may by unanimous consent recorded in the minutes of the meeting and subscribed to by all of them, waive notice of meeting and hold a meeting at any time. (2) A meeting of the trustees may be called by the chair- man or any trustee. No. 2 of 1896, s. 78. DUTIES OF CHAIRMAN. Duties and powers of chairman 83. The chairman shall — 1. Have general supervision of the affairs of the district ; 2. Certify all accounts against the district passed by the board before such accounts are paid by the treasurer ; 3. In default of the board of trustees appointing a return- ing officer, act as returning officer or appoint some other person to act as such at all elections held during the period of his chairmanship. No. 2 of 1896, s. 79. 702 1898 SCHOOLS Cap, 75 21 SECRETARY. 83. The board of trustees at the tirst meeting in each year, Duties of shall appoint a secretary whose duty it shall be to — secretary 1. Keep a minuts of all meetings of the board ; Minutes 2. Call at the request in writing of the chairman or any special trustee, special meetings of the board of trustees ; meetings 3. Answer all communications on school matters in such acon-e- manner as he may be directed by the board ; apondence 4. Examine the records and register of the school kept by Records and the teacher and see that they are correct ; register 5. Forward to the department of public instruction from Forward time to time the reports provided for in sections 45, 68, 86 and department 87 of this Ordinance and give such other information in re- gard to the school district as may be desired from time to time by the department of public instruction or the board of trus- tees; 6. Have charge of and keep on record all the books, papers. Books and accounts, assessment rolls and other matters committed to his §fs^ric°* charge by the board of trustees during his term of ofBce and deliver the same to the chairman of the board on ceasing to hold ofBce ; 7. Produce the minute and other books, assessment rolls and Produce books all papers of the board of trustees for inspection when required ^""^ p^^''" by an inspector to do so. No. 2 of 1896, s. 80 ; No. 5 of 1897, s. 13. 84. The minute book and other books of secretaries of all inspection school boards shall be inspected annually and if irregularities books"^^ ^^^ are found the inspector shall report the same to the department of public instruction and shall make such recommendation to the tru.stees as he mav deem necessary. No. 2 of 1896, s. 81 ; No. 5 of 1897, s. 13. 85. One of the trustees or a teacher may be secretary of the secretary board but a teacher shall not be appointed treasurer. No. 2 of Treasurer 1896, s. 82. 86. The secretary of every board of trustees shall within information to one month of the date of the opening of the school notify the teSe™™' *"* department of public instruction of the opening of such school and the qualification of the teacher or teachers employed and the amount of the salary or salaries paid. No. 2 of 1896, s. 83 ; No. 5 of 1897, s. 13. 81. The secretary of every board of trustees shall forward Secretary's to the department of public instruction on the fifteenth day of dtplrtment April in each year (or as soon thereafter as the school shall open) a report giving the following information, namely : (a) Name of teacher ; (b) Class of certificate held by each teacher and the date thereof ; 703 Cap. 7o SCHOOLS C. 0. Verification (c) Salary paid each teacher per month ; {d) Number of children attending school (per register) ; (e) If school open for the whole year or for only certain months during summer naming the months during which it is intended to keep school open ; and such report shall be accompanied by an affidavit stating the facts contained therein to be true. No. 2 of 1^96, s. 84 ; No. 5 of 1897, s. 13. TREASURER. Appointment 88. By resolution of the board one of the members thereof of treasurer ^^^ vf'iih his Consent be appointed treasurer of the district for the whole or any part of a term for which he was elected to Remuneration serve and may be remunerated for his services by a sum not exceeding two and one-half per centum on all moneys passing through his hands on account of the district, the proceeds of sahool debentures excepted. During (2) Any trustee elected as treasurer as aforesaid shall hold of^oard officB as such Only during the pleasure of the board. No. 2 of 1896, .s. 85. Treasurer otlier than a trustee 89. Should it be found inexpedient to appoint a member of the board as treasurer then the board shall appoint a responsi- ble person to be treasurer or secretary treasurer during the pleasure of the board at such remuneration as may be agreed upon. No. 2 of 1896, s. 86. Security by treasurer 90. Every treasurer, shall before entering upon his duties as such, give security to the school trustees 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, juintly and severally, to the satisfac- tion of the board of trustees or he may furnish in lieu thereof a guarantee from any guarantee company authorised to do business in Canada and 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 school district and such security shall be renewed at the be- ginning of each year or renewed at other times or changed whenever renewal or change i^ required by the board of trus- Formofbond tccs. Such bond may be in form H in the schedule to this Ordinance. (2) A duplicate copy of the said bond shall be forwarded by the trustees to the department of public instruction. (3) No grant shall be paid until such bond shall have been received by the department of public instruction. No. 2 of 1896, s. 87 ; No. 5 of 1897, s. 13. Duplicate to department Gran t withlield Duties of treasurer 91. It shall be the duty of the treasurer to collect, receive and account for ail school moneys whether derived from the Government or otherwise for the purpose of education within 704 1898 SCHOOLS Cap. 75 23 the district of which he is treasurer and to distribute such moneys in the manner dii-ected by the board of trustees and to keep a record of the same in a book provided for the purpose by the board of trustees and he shall give and take receipts for all moneys so received and paid out by him and shall pro- duce when called for by the trustees, auditor or other compe- tent authority all books, papers and moneys belonging to the corporation and shall hand over the same to the trustees or any person named by them upon his ceasing, to hjld office. (2) The treasurer of every school district shall at the end of information to each term furnish to the depaitment of public instruction in treamrtr" ^ the manner prescribed in form I in the schedule to this Ordin- ance, a solemn declaration giving the information required for the purpose of compiling the grants payable to each school in such school district. In any term during which any school in such school district has not been kept open the treasurer shall furnish a copy of the return with a notification to that effect written upon its face. (8) The treasurer of every school district shall, furnish to the Treasurer's department of public instruction at the end of each year a ItTtement to statement showing the cash receipts and expenditure, amounts department due to and by the district, particulars of the assessment, assets of district, cost of land and buildings together with the auditor's report. Such statement may be in form J in the schedule to this Ordinance. No. 2 of 1896, s. 88; No. 5 of 1897, ss. 13, 14. . 93. The account books of treasurers of all school boards inspection shall be inspected annually and the inspector shall have power ^ook?^^^'^'"^^ to call for all vouchers, receipts, auditor's reports, statements of accounts and assessment rolls. Any irregularities shall be re- ported to the trustees and the department of public instruc- tion. No. 2 of 1896, s. 89 ; No. 5 of 1897, s. 13. MISCONDUCT BY TRUSTEES AND OFFICERS OF DISTRICT. PENALTIES. Any trustee, officer, or employee of a school district Omission ting or refusing to discharge any duty assigned to him"*'^^'''' 93. neglecting _ __.... .^ _.....^.._„_ ..„„^_ ^ by this Ordinance shall for each offence be liable to a fine not Penalty exceeding §50. No. 2 of 1896, s. 90. 94. Any trustee, officer or employee of a school district Wrongful who, after his ceasing to hold office, detains any money, book, of p^j^perty paper or thing belonging to the district shall thereby incur a°*^^^st"ct penalty of not more than $100 for each day during which he wrongfully retains possession of such money, book, paper or thing after having received notice in writing from the chair- man of the board of trustees or from the chairman of the Council of Public Instruction, requiring him to depo.sit the same in the hands of some person mentioned in such notice. No. 2 of 1896, s. 91 ; No. 5 of 1897, s. 15. 95. Any returning officer of any school district or proposed Misconduct of school district acting under the provisions of this Ordinance 0^™"^ 45 705 2-t Cap. 7' SCHOOLS C. 0. Penalty who shall knowingly and wilfully prejufHce the result of any voting by preventing votes from being taken or taking unlaw- ful votes, or altering returns or books in any way, or by any other means shall be liable to a fine of not less than $100. No. 2 of 1896, s. 92. Trustees, unauthorised contract or expenditure Remedy 96. Should the trustees of any school district wilfully con- tract 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 authorised by the chairman of the Council of Public Instruction may recover as a debt in a court of com- petent jurisdiction from such trustees, jointly or severally, the sum or sums for which the district has been rendered liable through the action of such trustees over and above the amount - 18, 19 ; No. 29 of 1898, s. 14. m- 707 ■2U aip. 75 SCHOOLS CO. Payment of ealavy Interest Summer holidays Salary quarterly at least 103. A teacher whose agreement with a board of trustees has expired or who is dismissed by them shall be entitled to receive forthwith all moneys due him.for his services as teacher while employed by the said board ; if such payment be not made by the trustees or tendered to the said teacher by them he shall be entitled to recover from the said trustees the full amount of his salary due and unpaid, with interest until pay- ment is made, by a suit in a court of competent jurisdiction. (2) A teacher shall be entitled to his salary for that portion of the summer holidays falling within the term of his engage- ment if, exclusive of sucL holidays, he shall have been actually employed for a period of not less than three months. (3) Every teacher shall be paid the amount of salary due to him by the board of trustees at least once in every three months. No. 2 of 1896, s. 100; No. 5 of 1897, s. 20. Salary during sickness 104. Every teacher in case of sickness, certified by a medical man, shall be entitled to his salary during such sickness for a period not to exceed four weeks for the entire year which period may be increased by the board of school trustees. No. 2 of 1896, s. 101. CONDUCT OF SCHOOLS. School days and hours 'Recess 105. School shall be held between nine o'clock and twelve o'clock in the forenoon and half-past one o'clock and four o'clock in the afternoon of every day, standard time, not includ- ing Saturdays, Sundays or statutory holidays but the school trustees may alter or shorten the school hours upon receiving the permission of the chairman of the Council of Public In- struction. (2) A recess of fifteen minutes in the forenoon and in the afternoon shall be allowed the children attending school. No 2 of 1896, s. 102 ; No. 5 of 1897, s. 21. School year Terms Holidays Summer Winter IOC The school year shall begin on the first day of Janu- ary and end on the thirty-first day of December and shall be divided into two terms ending on the thirtieth day of June and the thirty-first day of December respectively. No 5 of 1897, s. 22. 107. In all schools open during the whole year there shall be heven 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 various boards of school trustees. 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. Town district (^) '^^f t™stees of any school district in which the school is open during the M^hole year may allow two weeks' additional holidaj's. Where school (3) When a school is only open during a portion of the year TON 1898 SCHOOLS Cap. 75 27 the trustees of such school may give holidays not to exceed open portion two weeks, beginning on the second day of Julj'' : ° ^"^'^ Provided that the chairman of the Council of Public In- Proviso struction may on proper representation being made to him, allow the trustees of such school to give holidays not exceeding two weeks, at some other time. No. 2 of 1896, s. 104; No. 5 of 1897, s. 23 ; No. 29 of 1898, s. 15. 108. Ash Wednesday, Good Friday, Easter Monday, Arbour Holidays day, tbe birthday of the reigning sovereign. Dominion day. Labour day. Thanksgiving 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 munici- pality .shall be holidays ; and it shall be at the discretion of the trustees to permit any other holidays not exceeding one day at a time. No. 2 of 1896, s. 105. 109. All schools shall be taught in the English language English but it shall be permissible for the trustees of any school to J-oofpuilory cause a primary course to be taught in the French language. Exception No. 2 of 1896, s. 106. RELIGIOUS INSTRUCTION. 110. No religious instruction (except as hereinafter pro- Religious vided) shall be permitted in any school in tbe Territories from ^"^ ''"o'""! the opening of such school until one half hour previous to the closing of such school in the afternoon after which time any such instruction permitted or desired by the trustees may be given. (2) It shall however be permissible for the trustees of any Exception school district to direct that the school be opened by the recita- prayCT°'^'^^ tion of the Lord's prayer. No. 2 of 1896, s. 107. 111. Any child attending any school shall have the privi- Attendance lege of leaving the school room at the time at which religious "ompuTs gory instruction is commenced as provided for in the preceding ^i™e^^ section or of remaining without taking part in any religious instruction instruction that may be given, if the parents or guardians so desire. No. 2 of 1896, s. 108. 112. No teacher, school trustee or inspector shall in any No pupil to be way attempt to deprive such child of any advantage that it or^inl?^ °' might derive from the ordinary education given in such school education and any such action on the part of any school trustee, inspec- tor or teacher shall be held to be a disqualification for and voidance of the office held by him or her. No. 2 of 1896, s. 109. SCHOOL FEES. 113. Except for pupils in high school departments no fees No fees shall be charged by the trustees of any school district onSpayers account of the attendance of any children whose parents or 709 2S Cap. 75 SCHOOLS C. 0. Fees charged others High school tees, ratepayers High school fees, others lawful guardians are ratepayers of such scliool district at the school thereof ; but a rate not exceeding five cents per day per family payable monthly in advance may be charged for anj" children whose parents or lawful guardians are not ratepayers to such school district ; (2) In high school departments the trustees may charge pupils whose parents or lawful guardians are resident rate- payers, a fee not to exceed nine dollars for the first term and six dollars for the second term ; (3) In high school departments the trustees may charge pupils whose parents or lawful guardians are not resident ratepayers, a fee not to exceed thirteen dollars in the first term and eight dollars in the second term. No. 2 of 1896, s. 110 ; No. 5 of 1897, ss. 24, 25. KINDEIIGARI EN CLASSES. Kindergarten >"eea 114. Kindergarten classes may be established in any school in the Territories for the teaching and training of childi-en be- tween the ages of four and six yt^ars according to kindergarten methods and in such schools a fee may be charged not exceed- ing $1 per month for each pupil to cover cost of maintaining such department. No. 2 of 1896, s. 111. NIGHT CLASSES. Night school Fee 115. Trustees of any school district may engage a qualified teacher and make necessary arrangements at the expense of the school district for the maintenance of a night school : Provided that if the school is kept open for one month a fee may be charged of not more than ^'2 per month for each month or portion of a month that the pupil is in attendance. No. 2 of 1896, s. 112. GRANTS TO SCHOOLS. Calculation of attendance First class teacher Grants Exception Calculation of attendance 116. There shall be paid from and out of any moneys ap- propriated by the Legislative Assembly for schools in aid of schools organised under and conducted according to the pro- visions of this Ordinance, night schools, normal schools and teachers' institutes excepted, an amount to be calculated as fol- lows: (a) To each school having an average attendance of at least six pupils for the days during which it has been open in any term, a sum of •'51.40 for each day the school was open : Provided that the total number of days in each j-ear for which grants may become payable shall not exceed two hundred and ten ; (6) For every pupil in average daily attendance an addi- tional amount of Si. 50 per school year of two hun- dred and ten days ; (c) To each school where a teacher is employed who holds a first class professional certificate the sum of twenty 710 1H98 SCHOOLS Cap. 75 •2!) cpnts for each day (not exceeding two hundred and ten) in the year such teacher is actually engaged in teaching ; and to each school where a teacher holding Second class a second cluss certificate is so emploj^ed the sum of *''^''''®'" ten cents for each day (not exceeding two hundred and ten) in the year such teacher is actually engaged in teaching ; (cZ) To each school attaining a minimum grading upon the Grading on reports of its inspection, as prescribed by the Council '"^P'^o^o" of Public Instruction, on its elEciency in respect to buildings, equipment, government and progress, a sum not exceeding fifteen cents nor less than five cents may be paid according to such grading, for each day (not exceeding two hundred and ten) on which the school has been kept open during the year ; (e) To any high school complying with the provisions of High school this Ordinance and the regulations of the Council of Public Instruction a special grant of $75 per term ; Provided that in case the sum of the grants to be paid in Proviso any term under clauses {a), (b) and (c) of this section shall ex- Grant ceed seventy per centum of the salary actually earned by the ^^ °^^^j.^s 70% teacher during that term the amount of the grant under the aforementioned subsections shall be reduced to the amount of the said seventy per centum of salary paid ; Provided further that payment may be made in respect of Time of the amounts earned under clauses (a), (b) and (c) of this section ^^^'"®"' at the end of the terms closing on the thirtieth day of June and the thirty-first day of December on receipt of the return pre- scribed by the Council of Public Instruction and provided for in subsection 2 of section 91 of this Ordinance ; but the grant earned by any school under clause (d) shall be paid only with the last payment of the year ; Provided further that in schools that are only open during a portion of the year payment may be made in respect of the amounts earned under clauses (a), (b) and (c) as soon as the school closes for the year, on receipt of the return prescribed by the Council of Public Instruction and provided for in sub- section 2 of section 91 of this Ordinance ; Provided further that in schools where more than one teacher where more is employed each department shall rank as a school under the teacher*' provisions of clauses (a) and (d) of this section when the aver- employed age attendance of the whole school shall at least equal twenty pupils to each teacher employed ; but no board of trustees shall engage an assistant teacher (expecting Government aid on that account) without having given the department of pub- lic instruction at least three monchs' notice of their intention to do so and having received its approval ; Provided further that the amount or amounts shown in the Payment treasurer's return provided for in subsection 2 of section 91 of feacher" this Ordinance to be due to any teacher or teachers shall be paid direct and proportionately to such teacher or teachers to the extent of the grant ; Provided further that no grant shall be paid to any school No payment district until the bond of the treasurer provided for in section ™ ^°"'' "^"^ 711 •SO Cap. 75 SCHOOLS C. 0. Absence of teacher at Institute 90 hereof shall have been received and registered by the depart- ment of public instruction ; (2) Any school which has been closed on account of the ab- sence of the teacher in attending a teachei's' institute held under the regulations of the Council of Public Instruction shall be entitled to all grants as if the school had been actually in operation during- such period. For the purpose of computing the grant for such period the average attendance for the week immediately preceding the closing of the school shall be deemed the actual attendance during the period it remains closed from this cause ; Special grants (3) Upon the recommendation of the chairman of the Coun- cil of Public Instruction the Lieutenant Governor in Council may order the payment of a soecial grant to any school, whether organised according to law or not out of the general revenue fund of the Territories ; (4) Grants may be withheld from any school district where by reason of the neglect of the treasurer or teacher or other official of the district, any returns as provided by this Ordin- ance are delayed more than thii'ty days after the end of the term or date otherwise specified for them to be forwarded to the department. No. 2 of ]896, s. 113; No. 5 of 1897, ss. 13, 26, 27, 28, 29, 30. Where returns delayed Computalon of average Where school closed by reason of disease Average reduced owing fy,;^f to disease ^ViCL 111. The daily average attendance shall be computed by dividing the aggregate attendance of the pupils for a term by the total number of days in such term in which the school was kept open. (2) If a school has been closed by the»- written order of a duly qualified medical practitioner on account of the prevalence within the district of any disease, the Lieutenant Governor in Council may, upon the recommendation of the chairman of the Council of Public Instruction, pay grants in respect of such days as the school has been closed, but in no case shall such grants be paid for more than thirty days in the calendar year. (3) If on account of the prevalence of any disease in the dis- ct the average daily attendance falls below the number re- quisite to earn the grants, the Lieutenant Governor in Council may, upon the recommendation of the chairman of the Council of Public Instruction, pay the grants on the basis of the actual attendance for such term. No. 2 of 1896, s. 114; No 5 of 1897, &. 31. N'ew districts 118. New districts shall only become entitled to Govern- ment aid on, from and after the first day of the school term fol- lowing the Order in Council for their erection. No 2 of 1896 s. 115. Forfeiture of grants 119. Any school the officers of which shall allow such school to be taught or conducted in violation of the provisions of this Ordinance or of the regulations of the Council of Public Instruction shall be liable to forfeit all rights to participate in any of the grants provided by this Ordinance to aid the schools 712 1898 SCHOOLS Cap. 76 SI of the Territories and upon satisfactory evidence of such vio- lation such grants may be withheld. No. 2 of 1896, s. 116. ASSESSMENT AND TAXATION. 130. Where a school district is situated Mrithin a munici- Asseesment pality the trustees may, as soon as may be after the final revi-^j''®™ district sion of the assessment roll of the municipality, make a demand ^^^^ioip^i'ty 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 twelve mills on the dollar, ac- cording to the last revised assessment roll, on the property liable to assessment in such school district for ordinary school purposes with such additional amount as may be necessary to meet any debenture indebtedness that may have been incurred and may be coming due. No. 2 of 1896, s. 117. fit. The trustees of any school district the whole or any collection of portion of which is situated within a municipality may demand ^unioi'^^nt ''^ of the council of the municipality that the amount for which the school district or the part thereof situated within the muni- cipality is liable for school purposes shall be imposed and col- lected by the municipality and the lands and property of per- sons liable for such amounts shall be assessed and the same shall be collected as other rates by the municipality. No. 2 of 1896, s. 118. 133. If the amount collected falls short of the sum required Deficiency the council may direct the deficiency to be made up from any fund belonging to the municipality except sinking funds to re- tire debentures. No. 2 of 1896, s. 119. 133. If there be no unappropriated funds the deficiency How may be deducted from the sums estimated as required or from guppif"^"' any one or more of them but not from the estimates supplied by the school trustees. No. 2 of 1898, s. 120. 134. Should the amount collected exceed the estimates the surplus sum in excess shall be paid over to the treasurer of the school board. No. 2 of 1896, s. 121. 135. In cases where the amount collected has been on unnecessary' account of some special purpose and is not required for such ^''^'^ purpose it shall form part of the general fund of the munici- pality. No. 2 of 1896, s. 122. 136. In cases where separate school districts have been separate established when property owned by a Protestant is occupied |^^°°'^*^*'fof' by a Roman Catholic and vice versa the tenant in such cases tenant shall only be assessed for the amount of property he owns whether real or personal but the school taxes shall in all cases whether or not the same has been or is stipulated to the con- trary in any deed, contract or lesise whatever, be paid in the school district to which such owner is a ratepayer. No. 2 of 1896, s. 123. 713 Cap. 75 SCHOOLS CO. Separate ISl. In cases where separate school districts have been school district, .ii-ii i , -iij ••j.j. i assessment of estabhsiied whenever property is held as joint tenants or joint owners tenants in common by two or more persons, the holders of such property being Protestants and Roman Catholics, they shall be deemed and held accountable to the board or boards of trustees for an amount of taxe.? in proportion to their interest in the premises, tenancy or partnership respectively and such taxes shall be paid to the school district to which they respectively are ratepayers. No. 2 of 1896, s. 124. Separate sonool district Company may be asaes.'=fed as supporter Proviso as to proportion of shares held in district Notice to be continuing Notice open to inspection Assessor to exanune 128. A company may by notice in that behalf to be given to the secretary treasurer of any municipality wherein a separate school district is either wholly or in part situated aaid to the secretary of the board of trustees of any school district in which a separate school has been established and to the secretary of the board of trustees 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, occupant or actual possessor and any part of the personal property if any of such company, liable to assessment, to be entered, rated and assessed for the purposes of said separate school and the proper assessor shall thereupon enter said company as a separate school supporter in the assessment roll in respect of the property specially designated in that behalf in or by said notice and so much of the property as shall be so designnted 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 Si'.hool purposes : Provided always that the share or portion of the property of any company entered, rated or assessed in any municipality or in any school district for separate school purposes under the provisions of this section shall bear the same ratio and pro- portion to the whole property of the company assessable within the municipality or school district as the amount or proportion of the shares or stock of the company (so far as the same are paid or partly paid up are 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 pur- poses be deemed to be sufficient and every such notice so given shall be taken as continuing and in force and to be acted upon unless and until the same is withdrawn, varied or cancelled by any notice subsequently given pursuant to any resolution of the company or of its directors. (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 exami- nation by any person entitled to examine or inspect the assess ment roll and the assessor shall in each year before the comple- tion and return of the assessment roll, search for and examine 714 1898 SCHOOLS Cap. 75 33 all notices which may be on file in the clei^k's office and shall thereupon in respect of said notices if any follow and conform thereto and to the provisions of this Ordinance in that behalf. (4) False statements made in any such notice shall not re- Fraudulent lieve the company from rates. Any company fraudulently penalty 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 the like penalty. (•5) The word "company" in this section shall mean and in- "Company" elude any body corporate. (6) Notwithstanding anything contained in this and the two last preceding sections any land liable to assessment for deben- ture indebtedness at the time of the issue of any debentures shall remain liable to and subject to assessment for such deben- ture indebtedness until the whole of such indebtedness has been paid and satisfied. No. 2 of 1896, s. 125 ; No. 5 of 1897, s. 32 ; No. 29 of 1898, s. 16. IZ9, If a school disti'ict be situated partly within two or Assessment more municipal corporations then the board of trustees may ^^^^^ '^'^*"'^' make a demand upon each of such corporations for that pro- municipalities portion of the amount of money required by such district which may justly be demanded by such district according to the amount of property included within the limits of the dis- trict and situated within the limits of such municipality ; or the ti-ustees may themselves or by means of an assessor levy an assessment as provided in this Ordinance. No. 2 of 1896, s. 126 130. The trustees of any school district or an assessor Preparation oi whom they may appoint, as soon as may be in each year shall ^^^'^'^^mentroii prepare an assessment roll for the school district or for that part of the district which is not within the limits of any muni- cipality, in which shall he set down, according to the best infor- mation to be had, a list of all the property taxable for their school in the district, with the names of the occupants and owners if such can be procured and such list shall contain in one line but in different columns the following information : 1. Name of occupant or person in possession (if there be no Contents occupant a statement to that effect) : (a) Religion of occupant (whether Roman Catholic or Pro- testant) ; (6) Sex ; (c) Age; (d) Occupation ; (e) Place of residence. 2. Name of owner if it can be ascertained (if owner's name be unknown such particulars concerning ownership as may be known) : 715 S4 Cap. 75 SCHOOLS CO. (a.) Religion of owner (whether Roman Catholic or Protest- ant) ; (b) Sex; (c) Age; (d) Occupation ; (e) Place of residence and post office address. 3. Description of real property in occupation of each person ; (a) Part and number of section, township, range and meri- dian or number and description of lot in special sur- vey or number of lot or house or other particulars of each parcel ; (b) Improvements in cultivated lands (giving area) and buildings on each parcel ; (c) Area in acres or the number of feet frontage of each parcel ; (d) Value of each parcel ; (e) Total value of real property. 4. Description of taxable personal property : (a) Taxable personal property other than income with particulars ; (b) Value of such personal property ; (c) Taxable income ; (d) Total value of personal property including taxable in- come ; 5. Total value of taxable real and personal property. No. 2 of 1896, s. 127. "Land" "Real property" "Real estate' "Personal estate " "Personal property " " Property " 131. " Land," "real property" and "real estate" respective- ly shall include all buildings or other things erected upon or affixed 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 trees or underwood growing upon the land and all mines, minerals, quarries, fossils in and under the same except, mines belonging to Her Majesty. (•2) " Personal estate" and " personal property" shall include all goods, chattels, shares in incorporated companies, interest on mortgages, dividends from bank stock, money, notes, accounts and debts contracted within the district at their actual value and income from whatever source derived and all other pro- perty except land and real estate and real property as above defined. (3) " Property " shall include both real and personal property as above defined. No. 2 of 1896, s. 128 ; No. 29 of 1898, ss. 17, 18. Taxable property 133. All real and personal property situated within the limits of any school district or income derived by any person resident within the limits of such district and live stock which 716 1898 SCHOOLS Cap. 75 35 is within the limits of a school district for a portion of the twelve months prior to the assessment shall be liable to taxa- tion subject to the following provisions and exemptions : 1. All property held by Her Majesty or for the public use of Crown the Government of the Territories or specially exempted by Semptfons^ the Parliament of Canada ; 2. All property held by or in trust for the use of any tribe Property of of Indians or the property of the Indian department ; Indians 3. Where any property mentioned in the preceding clauses is Exception occupied by any person otherwise than in an official capacity the occupant shall be assessed in respect thereof but the prop- erty itself shall not be liable ; 4. The buildings and grounds, to the extent of two acres, of ?'^^i^°^ all public and separate schools and the personal property be- property longing to the same, being used for school purposes, and under the management of the Council of Public Instruction of the Territories ; 5. A building used for church purposes and not used for any churohee other purpose for hire or reward and the lot t)r lots whereon it stands not exceeding one-half acre, except such part as may have any other building thereon ; 6. Gaols and court houses and the necessary land attached ^ou°rt houses thereto ; 7. Any land in use as a public cemetery not exceeding Cemeteries twenty-five acres ; 8. The books of every public library ; ^»wi9 9. The income of a farmer derived from his farm and the income income of merchants, mechanics and other persons derived from capital liable to taxation . (2) The annual income of any person derived from his personal earnings provided the same does not exceed $600. 10. Grain, household effects of every kind, books and wear- g^^j-^ ing apparel ; 11. The increase in the value of the land by reason of the Annual annual cultivation thereof, together with the growing crops, or-n^yaful by reason of the cultivation of trees ; 12. All works constructed, operated and used in connection irrigation with irrigation ditches as well as the ditches themselves oper-'"°*^ ated under and subject to the provisions of The North- West Irrifiation Act, 1898 ; provided however should any such Proviso works 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 : Provided that live stock which has been assessed against the owner thereof in the school district in which ho resides shall not be liable to assessment in any other school district. No. 2 of 1896, s. 130 ; iNo. 29 of 1898, ss. 19, 20. 717 36 Cup. 75 SCHOOLS C. 0. Right to waive exemption from taxation 133. A person occupying property or deriving income not liable to taxation maj' compel the assessor on written demand to assess him for such property or income in order that he may thereby be qualified for voting or holding ofSce. No. 2 of 1896, s. 131. Occupant to be assessed 134. Subject to section 126 of this Ordinance land and per- sonal property shall be assessed against the person in occupa- tion or possession thereof unless when in the case of a non- resident owner such owner shall in writing require the assessor to assess him alone for such property, but the person assessed shall in all cases unless there is a stated agreement to the con- trary have summary recourse against such owner for the amount of taxes paid. No. 2 of 1896, s. 132. Assessment for income 135. No person deriving an income exceeding $600 per annum from any trade, calling, office, profession or other source whatsoever not declared exempt by this Ordinance shall be assessed for a less sum as the amount of his net personal prop- erty than the amount of such income during the year then last past in excess of ^the said sum of $600 but no deduction shall be made from the gross amount of such income by reason of any indebtedness save huch as is equal to the annual interest thereon and such last year's income in excess of the said sum of $600 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 together and constitute his personal property liable to assessment. No. 2 of 1896, s. 133. Recovery 136. Taxes may be recovered either from the owner or °' '''''^' occupant. No. 2 of 1896, s. 134. .Joint tenants, etc. Assessment Cash value 1 37. Where more persons than one are joint tenants or ten- ants in common or holders of any property they or any number of them shall be assessed for the whole of such p;-operty sub- ject always to the provisions of section 127 of this Ordinance and such assessment may be levied upon any one or more of them saving always the recourse of such persons against the remaining holders, tenants or owners. No. 2 of 1896, s. 13o. 138. Real and personal property shall be estimated at their actual cash value as would be appraised in payment of a just debt from a solvent debtor. No. 2 of 1896, s.'l36. stock in trade 130. In assessing stock in trade the assessor shall assess a person, firm or corporation for ttie aniount of the average stock in trade kept on hfind by such person, firm or corporation dur- ing the twelve months immediately prior to the date of assess- ment No. 2 of 1896, s. 137. Assessormay 140. Any person may be required by the assessor to deliver statement to him a written statement of .all property for which he is liable to be assessed with such other information as to owner 718 .1898 SCHOOLS Cap. 75 37 occupant, location and value or other necessary particulars as tnay be demanded and if he fails to do so or knowingly makes Omission any false statement such person shall upon complaint of the'" *^™"'^ assessor forfeit and pay a fine not exceeding $50 to be recover- Penalty ed upon summary conviction. No. 2 of 1896, s. 138. 141. The assessment roll shall be completed by the first completion day of April or so soon thereafter as may be in each year and yg^flgation the assessor shall before handing the roll over to the secretary of the board of trustees make an affidavit (which shall be inscribed upon the roll) that the statements contained therein are correct to the best of liis knowledge and belief after mak- ing due inquiry in each case. No. 2 of 1896, s. 139. 143. Upon a petition hereinafter provided for being pre- single tax sented to the trustees of any school district situated wholly outside the limits of any municipality, the trustees may assess Assessment or direct the assessor to assess for all purposes the owners or occupants of all lands in the district in respect of their ownei"- ship or occupancy for a rate not to exceed ten cents per were and thereafter the said system of assessment shall be employed in the district until a petition for its discontinuance shall have been presented to the trustees. (2j The petition for the adoption or discontinuance of the Petition for said system of assessment shall be signed by three-fourths of the resident ratepij^ers whose signatures shall be verified by the affidavit of a subscribing witness thereto ; (3) The statements contained in the petition shall be verified Verification by the affidavit of two of the subscribing petitioners ; ■ (4) The petition may be in form K in the schedule to thisJ^'orm (Ordinance ; (5) Upon the adoption of said system of pssessment no other No other assessment shall be made or rate levied in the district. No. 2"^^''^''"^"* of 1896, s. 129 ; No. 5 of 1897, s. 35. 143. On receipt of the assessment roll by the secretary of Assessment the board of trustees, in form as hereinbefore provided, he shall Ssiectkin"'^ file the same and at all convenient office hours shall keep it open to the inspection of all persons resident or owning or in the possession of property or in receipt of incomes within the district or the agents of such persons appointed in writing for at least the space of two weeks and until the sitting of the court of revision, and an overseer of a village may have access to the assessment roll at all convenient office hours. No. 2 of 1896, s. 140. 144. As soon as the assessment roll shall have been com- Notice of pleted and filed as hereinbefore provided the secretary of the ''®'"'^^'"^"* laoard of trustees for tlie assessor, shall notify in writing by post or otherwise every person whose name appears upon such roll and whose address is known, as follows : 719 lis Cap. SCHOOLS CO. Appeal to court of revision Objections to asflesament other than appellant's List of appeals to be published No alterations except hereunder Omission from roll may be remedied School district, day of 1 Sir (or Madam), You are hereby notified that your name appears on the assessment roll of this school district for the present year as the owner {or occupant) of the following property : {Then give description of 2yToperty and its assessed value). The board of trustees for the district will sit as a court of revision as fol- lows : {mention day, hour and place at which court shall be held) and if you consider that you have been wrongfully assessed as above stated you will have an opportunity to make a statement of your case before the above court. Take notice that if you do not give notice in writing of appeal to the secretary of the school board one day previous to the meeting of the court of revision and if you do not appear be- fore the court of revision either in person or by agent you will not be entitled to appeal from its decision to a judge of the Supreme Court. {Signature) A .B., Secretary Board of Trustees, P.O. Address : for CD., Assessor. To E.F. (2) Any person who intends appealing affainst his assessment must give notice of such appeal in writing to the secretary of the hoard of trustees one day previous to the meeting of the court of revision. (3) If any ratepayer within the school district thinks that any person has been assessed too high or too low or has been wrongly inserted in or omitted from the assessment roll or that the property of any person has been misdescribed or omit- ted from the roll or that the assessment has not been perform- ed in accordance with the provisions and requirements of this Ordinance, the secretary of the board of trustees shall, on his request in writing, give notice by post or otherwise to such per- son and the assessor of the time when the matter will be tried by the court and the matter shall be decided in the same man- ner as complaints by a person assessed. (4) The secretary of the* board of trustees shall post up in some convenient place within the school district a list of all complaints made by persons 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 the party complained against with a concise statement of the matter complained of together with an announcemei\t of the time when the court will be held to hear the complaints ; and except as herein otherwise provided no alterations shall be made in the roll unless under a com- plaint formally made according to the above provisions. (5) If at any time before the day. fixed for the sitting of the court of revision it shall be discovered that the property or in- come of any taxable person or part thereof has been omitted 720 ISyy SCHOOLS Cap. 75 39 from the roll the secretary shall notify such taxable person, if Procedure known, by ren;istered letter that at the sitting of the court of revision to be held at least fifteen days after such notice, an application will be made to the said court to assess such tax- able property for such sum as may be deemed right and that such taxable person is required to attend such court to show cause why the said taxable property should not be a,ssessed and as to the amount the same should be assessed for ; 6. The secretary shall also prepare a notice in the form fol- Notice of lowing for each person with respect to whose assessment a '^""^^ ^'°' complaint has been made by any third party : Take notice that you are required to attend the court of re- Form \'ision for the school district of at on the day of A.D. 1 in the matter of the complaint by , appellant, that you are assessed too high (or too low or not a bona fide resident, or as the case may be). (Signature) A.B., Secretary, P. 0. address : and every such notice shall be posted by a registered letter service of to the post office address of such person as entered on the""'^""' assessment roll, fifteen days before the sitting of the court or be personally served on such person at least six days before the sitting of the said court. No. 2 of 1896, s. 141 ; No. 29 of 1898, s. 21. 145. The board of trustees of any school district shall sit court of as a court of revision not more than thirtj^ days from the tiling''®"^"'" of the roll and shall hear all complaints notice of which shall have been given as provided for in section 144 of this Ordin- ance and may adjourn from day to day until such complaints have been disposed of. No. 2 of 1896, s. 143. 146. The board of trustees shall cause to be posted up at PuWio notice least twenty days before the meeting of the court of revision ofre'vision^'^ in at least five conspicuous places within the district, one of which shall be the post office therein or nearest thereto, a notice that the assessment roll of the district for the current year has been made up and where it may be examined also the time and place at which the court of revision will be held, with a notice that such parties as do not appear before the court of revision will not be entitled to appeal from the decis- ion of the court of revision to a judge of the Supreme Court. No. 2 of 1896, s. 142 ; No. 29 of 1898, s. 22. 141. Such court of revision shall have the power to take powers of evidence under oath if necessary and shall alter or amend the revision assessment roll in accordance with their decision in each case. No. 2 of 1896, s. 144. 148. The roil as finally passed by the court and certified by rou flnai the secretarj' as passed shall (except in so far as the same may '"'^®" p"^^^®*^ 46 721 40 by court of revision Cap. 75 SCHOOLS C. 0. be further amended on appeal to a judge of the Supreme Court) be valid and bind all parties concerned notwithstanding any defect or error committed in or with regard to such roll or any defect or error or misstatement in the notice required by subsection 5 of section 144 of this Ordinance or the omission to deliver or transmit such notice. No. 6 of 1897, s. 36. Appeal to .iudge of Supreme Court 149. If a person is dissatisfied with the decision of the court of revision he may appeaJ therefrom to a judge of the Supreme Court. In all cases of such appeals the proceedings shall be as follows : Notice of appeal for judge Xotice of hearing appeals 1. The person appealing shall in person or by his agent serve upon the secretary of the school district within eight days after the decision of the court of revision a written notice of his intention to appeal to a judge of the Supreme Court ; List of appeals 2. The secretary shall immediately after the time limited for filing notice of appeals forward a list of the same to the judge of the Supreme Court usually exercising jurisdiction in the judicial district of which such school district forms a part or if such school district forms a part of more than one judicial district then to the judge whose official i-esidence is nearest the school district and the judge shall thereupon appoint a time and place to hear such appeals and shall notify the secretary, personally or by post, of such appointment ; 8. The secretary shall thereupon give notice to all the parties appealing and appealed against in the same manner as is provid- ed 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 ; List of appeals, 4. The secretary of the school district shall cause a eon- posted '"' spicuous notice to be posted up in his office or the place where the board of trustees holds its sittings containing the names of the appellants and parties appealed against with a brief state- ment of the ground or cause of appeal together with the time and place at which a court will be held to hear appeals ; Clerk of court 5- The secretary of the school district shall be the clerk of such court ; Hearing of 6. At the court SO holden the judge shall hear and determine appeals ^-^e appeals and may adjourn the hearing from time to time neterniination and defer judgment thereon at his pleasure but so that all appeals may be determined before the first day of September ; 7. At the court to be holden by the judge to hear and deter- mine the appeals hereinbefore provided for the person havino- charge of the assessment roll passed by the court of revision shall appear and pioduce such roll and all papers and writino-s in his custody connected with the matter of appeal and such roll shall be altered and amended according to the decision of the judge if then given who shall write his initials opposite anv part of the said roll in whicli anv mistake error or omis- 7:^1^"' Production of roll and papers to judge t'Orrection of roll 1898 SCHOOLS Ciip. 75 41 sion is corrected or supplied and if the decision is not then given the secretary of the school district shall when the same is given forthwith alter and amend the roll according to the same and shall write his name opposite every such alteration or correction ; 8. In all such proceedings the judge shall possess all the Powers of 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 intituling appeal may be intituled as follows : process "In the matter of appeal from the court of revision of the school district of A.B., and CD., Appellant, Kespondent. 10. The costs of any proceeding before the judge as afore- costs said shall be paid by or apportioned between the parties in such manner as the judge thinks proper ; and where costs are order- ed to be paid by any party the same shall be enforced by exe- cution 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 Allowances be the co.sts of witnesses and of procuring their attendance and '°'' °°^*^ none other, the same to he taxed according to the allowance in the court for such costs ; and in case where execution issues the costs thereof as in the like court and of enforcing the same may also be collected thereunder ; 12. The decision and judgment of the judge shall be final judgment and conclusive in every case adjudicated upon. No. 2 of 1896,*°^' s. 145; No. 29 of 1898, s, 23. 150. So sooH as the assessment roll has been finally revised Rate to be by tlie board of trustees as aforesaid they shall make an esti- ^^"^°^ mate of tlie probable expenditure of the school district for the current year and shall strike such a rate of assessment on the assessed value of the taxable property within the district for the school they represent as shall be sufficient to meet such probable expenditure making due allowance for charges and probable loss in collection. No. 2 of 1896, s. 146. 151. E.v'cept in districts which have adopted the system Rate limit provided for in section 142 hereof such rate shall not exceed twelve mills in each dollar of property liable to taxation for ordinary school purposes with such additional rate per dollar as may be necessary to meet anv debenture indebtedness that 46| 723 Cap. 75 SCHOOLS C. 0. may have been incurred by such school district on the terms upon which it was incurred. No. 2 of 1896, s. 147. COLLECTION OF TAXES. Collector's roll 153. The board of trustees shall cause to be made out a col- contents lector's roll for the district on which shall be set down the name of every person assessed, the assessed value of his real property and the amount with which such person is chargeable according to the rate of taxation struck in respect of suins ordered to be levied by the board of trustees 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 trustees for collection. (2) The board of school trustees may by resolution allow a rebate not to exceed ten per centum upon all taxes paid within thirty days after the same have become payable. No. 2 of 1»96, s. 148. 1 53. As soon as the treasurer or collector shall have received the collector's roll he shall remit or cause to be remitted by mail or otherwise to each person whose name appears upon it as assessed for taxes, a notice in the following form : School District of day of 1 Sir (or Madam^ You are hereby notified that you are assessed on the assess- ment roll of this district for the following properties : {here give description and assessed value) the taxes on ■which at the rate of on the dollar amount to and arrears to the amount of . If the above amount is not paid to the undersigned within thirty days from the date of this notice action to recover as provided by law will be taken. A.B., P. O. address : Treasurer or Collector. Rebate in taxes Collector's notice To 0. D. No. 2 of 1896, s. 149. OTtryof'^'"* 154. The treasurer or collector as the case may be shall payment give receipts on behalf of the school district for all taxes paid to him and shall enter the fact of such payment with the date Appropriation on the Collector's roll. Payments made on account of taxes due upon any land shall be first applied in payment of arrears of taxes due upon such land. No. 2 of 1896, s. 150. Collector to name defaulters to board, Action thereon 155. The treasurer or collector shall notify the board of trustees from time to time of the -names of persons who fail to pay the taxes assessed against them and the board of trustees shall take or authorise to be taken such action for the collec- tion of such taxes as is hereinafter provided No 2 of 1896 s, 152. 724 1898 SCHOOLS Cap. 75 43 156. In case any person fails to pay the taxes assessed Levy by against him within the thirty days specified in the notice pro- '^'^''^<'«« vided by section 153 of this Ordinance the ti-easurer or collec- tor may by himself or his aoent 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 the same as those costB allowed in the schedule to chapter 34 of The Consolidated Or- dinances. No. 2 of 1896, s. 153. 151. The treasurer shall by advertisement posted up in atsaieof least three public places in the school district and also by pub- property"^ lishing the same in the newspaper published in or nearest to the said school district give at least six days' public notice of the time and place of such sale and the name of the person in payment of whose taxes the property is to be sold and at the Procedure 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, up to the close of the sale. No. 2 of 1896, s. 154; No. 5 of 1897, s. 38. 158. If the property distrained has been sold for more than Disposition the amount of taxes and costs and if no claim to the surplus is " ™''p^^^ 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 returned to the person in whose possession the property was when the distress was made. (2) If any such claim is made hy 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. No. 2 of 1896, s. 155. 1 59. Taxes may be recovered as a debt due to the school Recovery of district in which case the production of the collector's roll or a ' copy of so much thereof as relates to the taxes payable by such person, certified as a true copy by the secretary of the school Evidence district, shall be prirrM facie evidence of the debt. No. 2 of 1896, s. 156 ; No. 29 of 1898, s. 24. 1 60. The treasurer or collector as the case may be shall on Return of roll or before the first day of December in each year return the collector's roll to the secretary of the board of trustees with an Account account of all moneys received by him accompanied by an afii- Verification davit made before a justice of the peace that the collection and other proceedings have been taken in accordance with the 725 44 Cap. 75 SCHOOLS C. 0. terms of this Ordinance and that all the returns contained therein are correct. No. 2 of 1896, s 157. Keturn of arrears Copy to be filed Inspection 161. The treasurer or collector as the case may be shall at the same time make a return verified by affidavit as provided in the next preceding section, of all property upon which the taxes or any portion thereof remain unpaid and the reason of the failure of such payment ; (2) A copy of such return shall be kept on file by the secre- tary of the school district and shall be open to inspection of the ratepayers of the district or their agents. No. 2 of 1896, s. 158. Taxes special lien Priority Interest 163. The taxes accrued on any land or property or in respect of the ownership or occupancy of any land or property shall be a special lien upon such land or property haying preference over any claim, lien, privilege or incumbrance of any party except the Crown and shall not require registration to preserve it and shall bear interest at the rate of six per centum per annum from the time of the return of the collector's roll to the secretary. No. 2 of 1896, s. 169. Collection of arrears 1 63. Such accrued taxes shall be entered upon the collector's roll of the district against such property from year to year and shall be held to be payable, if not otherwise collected, at the same time and in the same manner as the ordinary taxes of the year. No. 2 of 1896, s. 160. Distress for arrears 164. Whenever the treasurer or collector is satisfied or is notified by the board of trustees that there is sufficient distress upon any real property within the district which is in arrears for taxes he shall proceed to levy the amount due in the man- ner and under the same provisions as are contained in section 156 of this Ordinance. No. 2 of 1896, s. 161 ; No. 29 of 1898, s. 25. SALE OF LAND FOR TAXES. List of lands for tax sale Warrant to treasurer to sell 165. Whenever any portion of the taxes on any land has been due for two years frum the first day of January in the year in which the same was imposed, whether imposed before or after the coming into force of this Ordinance, the treasurer shall submit to the chairman a list in duplicate of all the lands in his book on which taxes are so due with the amount of arrears against each lot set opposite to the same and the treasurer shall 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 xnd the other shall be given to the treasurer with a warrant thereto annexed under the hand of the cha'irman and the seal of the board commanding him to levy upon the land for the arrears due tberepn with costs and the said treasurer is hereby authorised to sell the same. No. 2 of 1896, s. !62 ; No. 29 of 1898 s 26 726 1898 SCHOOLS Cap. 75 4 1G6. The said treasurer shall not sell any lands which have Only listed not been included in the list furnished him as aforesaid. Ncgoid^ ° ^ 2 of 1896,>. 163. 161. The treasurer shall prepare a copy of the list of lands Publication 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 li.st to be published at least once a week for four consecutive weeks in at least one newspaper published in the school district or, if there is no newspaper published therein, in the newspaper published nearest to the school district. (2) The treasurer shall also cause to be published in 2^he Subsequent North-^'est Territories Gazette awcm^ two consecutive issues" of the same between the date of the first publicatioi%j|^ the newspaper above mentioned and the date of sale a notice in the following form : Notice. Notice is hereby given that on the day of at the hour of at {give name of place in particular) there will be offered for sale by public auction in accordance with the terms and provisions of The School Ordinance of the North-West Territories providing for the sale of lands for arrears of school taxes, certain lands situated in township range west of the meridian, being part of the lands forming (give name of school district) particulars regarding which lands may be found in the issues of (give name, dates and place of issue of newspaper). A.B., Treasurer. P.O. address : No. 2 of 1896, s. 164. 168. The advertisement in a newspaper shall contain aAdver- notification that unless the arrears of taxes and costs arenlteand sooner paid the treasurer will proceed to sell the lands for l^^'' "' taxes on the day and at the place mentioned in the advertise- ment. No. 2 of 1896, s. 166. 1 69. Every such notice shall specify the place, day and hour Hour of sale at which the sale shall commence and each lot or parcel of land S^fands''™ shall be designated therein by a reasonable description for registration purposes. No. 2 of 1896, s. 167. ITO. All the lots or parcels liable for sale in the school dis-AiUota trict shall be included in the same statement and notice but ^ inciud'ed any neglect or omission to include any lands liable for sale in Oniis^i'"'" the said list shall not be held to invalidate the sale or to pre- vent the sale of such omitted land on any future occasion for all arrears of taxes that may be due thereon. No. 2 of 1896, s. 168. 4.6 Cap. 75 SCHOOLS C. 0. Day and place o( sale ITl. The day o£ sale shall be not less than ten days nor more than forty days after the last publication of the list and the sale shall take place at such place in the school district as the board shall by resolution appoint and in the absence of such appointment at such place in the school district as the treasurer in his said notice shall name. No. 2 of 1896, s. 169. Treasurer's costs 113. The treasurer shall in each case add to the arrears of taxes his charges and the cost of publication. No. 2 of 1896, s. 170. Adjournment 113. If at any time appointed for the sale of lands no bid- ders appear the treasurer may adjourn the sale from time to time : Provided always that no such adjournment shall be for a period exceeding fifteen days. No. 2 of 1896, s. 171. Proceedings at sale Upset price 114. At the place, day and hour appointed for the sale cf 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 list as the taxes due with the charges a,nd costs as the upset price on each respective lot or parcel as offered for sale and shall thus sell the same to the highest bid- der 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. No. 2 of 1896, s. 172. Sale to board if no bidders 115. If no bidder appears for any land for the full amount of arrears of taxes, costs and charges the treasurer shall there and then sell the same to the school board at the \ipset price. No. 2 of 1896, s. 173. Where land sold for more than amount of taxes Payment of purchase Default by purchaser lie If the land sells for a greater sum than the taxes due together with all charges thereon the purchaser shall only be required to pay at the time of sale the amount of said taxes and charges and the balance of the purchase money shall be payable within one calendar month after the time of redemp- tion of said land shall have expired without the same having been redeemed within the time limited and if the said balance of purchase money shall not be so paid by the purchaser, his heirs or assigns, within the time above prescribed he and thej- shall forfeit all claim to the said land and to any transfer or conveyance thereof as well as the amount paid at the tifne of sale and such land shall thereupon cease to be affected by said .sale. No. 2 of 1S96, s. 174. Purchaser failing to jtaj price 111. If the purchaser of any parcel of land fails immediately to pay the treasurer on account of said purchase the amount claimed for arrears of taxes and charges the treasurer .shall forthwith again put up the property for sale. No. 2 of 1896 s. 175. Treasurer 1 18. Ths treasurer after aellin" 728 ° any land for taxes shall 189S SCHOOLS Cap. 75 47 give to the purchaser a certiiicate describing the land as ad- lo give vertised stating the amount of taxes and cost^s paid and the ''"'^A"^'^'' total amount of purchase money, and further saying that a transfer of the same to the purchaser or his assigns shall be executed by the treasurer on his or their demand within one month after the expiration of one year from the date of the certificate if the land be not previously redeemed, upon pay- ment of the balance of the purchase money if any remains unpaid, and upon payment of $2 for said transfer. No. 2 of 1896, s. 176. 1 79. The purchaser shall on receipt of the treasurer's certi- Eights of ficate 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 expiration of the term dur- ing which the lands may be redeemed. No. 2 of 1896, s. 177. 1 80. A statement of the land so sold for arrears of taxes statement of with the names of the respective purchasers, the date of sale, ^^"^^ ^"^^ the time of redemption and the amount required to redeem shall within thirty days of the date of sale or adjourned sale be made out and signed by the treasurer in duplicate and one copy shall be kept by the treasurer and the other deposited with the secretary and either of the said lists may be inspected inspection ot at any time during office hours for a fee of ten cents for each lot of which inspection is desired. No. 2 of 1896, s. 178. REDEMPTION OF LANDS SOLD. 181. The owner of any land which may hereafter be sold Redemption 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 treasurer before the hour of three o'clock in the afternoon of the said last day for redemption, for the use and benefit of the purchaser or his legal representatives, the sum paid by him to- gether with ten per centum thereon, and any further sum which shall have been levied against said land and paid by the pur- chaser 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. No. 2 of 1896, s. 179. IH'i. For the purpose of this Ordinance the day of salesaietobe shall be the day on which the sale was advertised to take place^rt°ertiSld without reference to any adjournment or adjournments and all certificates shall be dated as of that day. No. 2 of 1896, s.l80. 183. From the time of payment to the treasurer of the full on redemption amount of redemption money required by this Ordinance allg^^te'^cea^ rights and interests of the purchaser shall cease. No. 2 of 1896, s. 181. 729 48 Cap. 75 .SCHOOLS CO. Person not specially authorised redeeming On redemption, notice to purchaser 184. Whenever such redemption is effected by a person not specially authorised the treasurer shall mention in the receipt given by him for the redemption money the name and designa- tion of the person paying the same, the name of the person on whose behalf the payment is made and every redemption re- ceipt 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. No. 2 of 1896, s. 182. 185. The treasurer shall also immediately after the re- demption 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 the amount of money paid in for such purpose. No. 2 of 1896, s. 183. TRANSFER IN CASE OF NONREDEMPTION. Land not redeemed, Transfer Proviso, Transfer to board Form and effect of transfer 180. If the land be not redeemed within the period allowed by this Ordinance then, on demand of the purchaser, his heirs or assigns or other legal representatives at any time within one month after the expiration of the time limited for the re- demption, upon payment of the balance of purchase money as aforesaid and of the further sum of $2, the treasurer 'shall pre- pare and execute and deliver to him or them a transfer of the land sold ; provided that any land sold to the school board under the provisions of this Ordinance as hereinbefore pro- vided shall be transferred to the treasurer of the school board immediately on the expiration of the time allowed for re- demption, without charge. (2) Such transfer shall be in form L 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 of vesting the land in the purchaser, his heirs, assigns and other legal representatives in fee simple or otherwise according to the nature of the estate sold and no such transfer shall be in- valid by reason of any error or miscalculation in the amount of taxes in arrear. No. 2 of 1896, s. 184. Transfer exonerates land from prior charges Proviso Period at which deed is conclusive 181. Such transfer shall not only vest in the purchasers all rights of property which the original holder had therein but shall also purge and release such land from all payments, charges, liens, mortgages and incumbrances of whatever nature and kind other than existing liens of the school district or Crown and whenever lands are sold for arrears of taxes and the 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 ex- cept as against the Crown : Provided that at the expiry of one year from the passing of Ordinance No. 2 of 1896 all transfers then already issued and of one year from the date of transfers issued since the passing of such Ordinance or under this Ordinance every such transfer shall be conclusive evidence of the assessment and valid charcre 730 1898 SCHOOLS Cap. 76 49 of the taxes on the land therein described also that all the steps and formalities necessary for a valid sale had been taken and observed as provided by the Ordinance in that behalf and thereafter such sale and transfer shall only be questioned or Exception set aside on the following grounds and no other : 1. That the sale was not conducted in a fair, open and proper manner ; 2. That there were no school taxes whatever in arrear for which the said land could be sold ; 3. That the said land was not liable to be assessed for school taxes. No. 2 of 1896, s. 185. 188. When the title of any land sold for arrears of taxes is when title vested in the Crown the transfer thereof in whatever f orm '" ^''°"'" 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 board of school trustees in case of any sale for taxes being declared invalid shall be liable only for the purchase money actually paid therefor to the treasurer and legal interest thereon as for damages or otherwise. No. 2 of 1896, s. 165. TAX SALES FUND. 189. The treasurer shall keep a separate account of all sums Tax sales fund paid to him as balances of purchase money on lands sold for arrears of taxes and not redeemed and shall enter in the 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 re- ceived 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 funds and whenever any Lapse to board portion of such fund shall have remained in the hands of the Slian'ces™'"* treasurer for six years from the day of sale of the land of the purchase money of which it forms a part without any notice of claim or order for payment having been served on him as hereinafter provided said portion or sum so remaining unclaim- ed shall have been forfeited and thereafter be the absolute property of the school board and the said school board shall forever be discharged from any claim on account thereof. No. 2 of 1896, s. 186. 190. Any person claiming to have been the owner, heir, claims on tax assignee or legal representative of the» owner or otherwise in- ^'^i®^*"""! 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 the said parcel of land in the tax sales fund or any portion thereof specified in the order hereinafter mentioned, (provided that a written notice is served upon the treasurer previous to the time limited for Procedure in forfeiture) upon producing and leaving with the treasurer p™°* °* °'^™ -7S1 Cap. 75 sOHonl>s CO. .Tudge'.s order for payment 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 North-West Territories reciting that it had been proved to the satisfaction of the 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, a.ssignee or legal representative of the said owner or otherwise interested in the said land and requiring the school board to pay the said surplus money or the portion thereof specified in the order to the said claimant and such or any judge's order for payment of any part of the said tax sales fund shall be kept by the treasurer and shall be the warrant and authority for making such payment. No. 2 of 1896, s. 187. Petition to jndge Evidence 191. In seeking to obtain a judge's order any claimant up- on the said fund shall in person or by advocate petition the judge in writing for that purpose describing the land sold and setting forth the particulars of the said sale and the title under which the said money is claimed and shall at the same time furnish such evidence of title as may be necessary for proving his title 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 school board or publish the same in any manner he may deem proper or substantiate his claim in any other manner and Payment into the judgc may in his discretion order said money to be paid over to the clerk of the Supreme Court there to be dealt with in such manner as the court shall order and in such case a copy of his order stating the reason therefor shall be filed in the said court and served upon the treasurer. No. 2 of 1896, s. 188. court Pecs 19?i. The same fees shall be paid upon any 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. No. 2 of 1896, s. 189. Costs of school 193. In any case where the judge deems it advisable to board order notice to be served upon the school board he shall in the final decision of the question, if the claimant is successful, order the costs of the school board 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 school board. No. 2 of 1896, s. 190. Claim to ''*^' '^^'^ f^ct of claiming any surplus held to the credit of balance any lots sold for taxes in the said tax sales fund shall be con- vaiTdity of sale sidered an admission of the validity of the sale of the lot in question by the claimant and the said claimant and all claimino- by, through or under him shall from and after the time of making such claim be debarred from taking any proceedino- to question or set aside such sale notwithstanding that the said claim shall have been made within the time otherwise limited 732 1898 SCHOOLS Cap. 75 51 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. No. 2 of 1896, s. 191. 105. Within ten days after the commencement of any suit if tax sale or proceeding to set aside or question a sale for arrears of taxes surplus"*"^ the plaintiff shall cause the treasui-er to be notified in writing subject^to^ of the fact of the action or proceeding having been commenced and the treasurer in such case shall not forfeit any surplus held by him to the credit of the parcel of land in dispute but shall hold the same subject to the order of the court and in case the Disposition 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 representa- tives 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. No. 2 of 1896, s. 192. ILLEGAL SALES. LIABILITY OF BOARD. 196. In no case shall the school board be liable for damages school board's or costs in any suit brought to set aside a tax sale or be liable J-^ted' for any damages or costs arising therefrom in any way further than, in case of sale held void by a competent court, refunding to the purchaser the amount of money actually received with legal interest. No. 2 of 1896, s. 193. INCURRING DEBT BY DEBENTURE. IDT. Should it appear desirable to the board of trustees of Bylaw to raise any school district that a sum of money should be borrowed ™°"'^5' ^^ '°*° upon security of the district for the purchase of a school site or for the erection, purchase or improvement of a school building or buildings or for furnishing the same or for the purchase of suitable play grounds for the children attending the school or schools of the district they shall pass a bylaw to that effect in form M in the schedule hereto or to the like effect and before proceeding to borrow such sum of money Ratepayers' .shall receive the sanction of a majority of the votes of the^°*® ratepayers of the school district voting thereon as hereinafter provided. No. 2 of 1896, s. 194. 108. The board of trustees shall give notice in form N in Notice of the schedule hereto or to the like effect, of the polling, by p""'"^ notices displayed in at least ten conspicuous places throughout the district at least twenty days before the polling. No. 2 of 1896, s. 195. 733 Cap. 7. 3 SCHOOLS CO. Copy notice for department 199. A certified copy of the notice of polling shall be for- warded forthwith to the department of public instruction by .the secretary of the board of trustees. No. 2 of 1896, s. 196 ; No. 5 of 1897, s. 13. Returning officer 300. The chairman of the board of trustees or some one appointed by them shall be returning officer and shall act as hereinafter provided. No. 2 of 1896, s. 197. Returning goi. The returning officer shall — officers duties o Poll book 1. Provide himself with a book suitably ruled and headed for the purpose of recording the vote cast, in which shall appear in separate columns but in one line the name and sex of each voter, the description of the property voted upon, remarks whether the voter was sworn or refused to be sworn and the vote cast whether yea or nay to the purpose specified in the notice of voting; Post notice 2. Keep posted in a conspicuous place at the place of polling a copy of the notice of voting ; Hold poll 3. Appear at the place, on the day and at the hour mentioned in the notice of voting and continue there during the hours mentioned in such notice ; Recorti voter's 4. Qucstion either personally or by interpreter in the voter's property*^ Own language, if necessary, every person presenting himself or herself to vote, as to the name and location or description of property, and record the answers given in the poll book ; Oath of voter 5. If required by any person present or of his own accord, if deemed advisable, administer the following oath which shall express the qualification of voters : I, A.B., do solemnly swear {or affirm) that I am^ a bona fide ratepayer of {give name of district in full) ; that I have paid all taxes due by me to this school district ; that I am of the full age of twenty-one years ; that I am not an unenfranchised Indian ; that I have not before voted at this election ; and that I have not received anjj- reward for voting at this time and place. So help me God ; [Note. — In case of an affirmation the words "So help me God" shall be omitted ] Record vote 6. If the voter is not required to be sworn or if he takes the oath when required, ask him in an audible voice in the lanouao'e spoken by him (either personally or through an interprete'r) whether he votes for or against the purpose expi-essed in the notices of voting, and record his answer in the column headed " yea " or "nay " according to the expressed wish of such voter; Scrutineers ''■ -'^dmit any two persons who have respectively voted yea or nay into the polling place to act as scrutineers and on de- mand allow either or both of them to see any vote recorded in the book ; Declare result 8. At the hour appointed in the notice of votino-, sum up the votes cast and declare the result ; 734 1898 SCHOOLS Cap. 75 53 9. In the case of a tie after the final recount give a casting Tie vote ; 10. Announce the day, being within seven days of the day of Final recount voting, when and the place where he shall appear before a jus- tice of the peace for a final recount of votes and when all com- plaints against the conduct or result of the voting shall be heard. No. 2 of 1896, s. 198 ; No. 29 of 1898, s. 28. 205J. On appearing before a justice of the peace at the time Proceedings and place appointed, the returning officer shall place in the °° recount hands of such justice of the peace the poll book used by him at the poll and shall make an affidavit before the justice of the Affidavits of peace, which shall be inscribed upon such book, that the election officer'"^ 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 ReceiTing and writing any complaint that may be made under oath by any eompiafnts parties relative to the conduct of the voting and shall examine into and decide such complaints by taking evidence under oath. No. 2 of 1896, s. 199. ^03. Before proceeding to the hearing of any complaint the security justice of the peace shall require the complainant to deposit '"'' ™^*'^ with him such sum not being less than $25 nor more than f 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. No. 2 of 1896, s. 200. 304. The decisions of the justice of the peace shall be as Justice's £ ^^ decision follows : 1. If it be found that the proceedings in taking the vote Proceedings have been irregular in any essential particulars and that in- frreguiar'^ justice has thereby been done it shall be declared of no effect and the justice shall forthwith forward to the department of public instruction 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 intimid- '"^^'^ ^"^^ ation it shall be struck off the poll book. No. 2 of 1896, s. 201 ; No. 5 of 1897, s. 13. 205. When all complaints have been heard and decided Return by upon and the corresponding alterations duly made in the poll department book, the justice of the peace shall finally sum up the votes cast and shall forward to the department of public instruction a return in form in the schedule hereto or the like effect showing the total number of votes taken and the number re- maining on each side after the recount. No. 2 of 1S96, s. 202 ; No. 5 of 1897, s. 13. 306. If it is desired to appeal from the decision of the jus- Appeal tice of the peace such appeal may be made to a judge of the*™™"^'^' Supreme Court sitting without a jury and the provisions of 735 Cap. 7.: SCHOOLS c. o. section 879 of The Crindnid Code 189(J Aod all the TpTovisiona of the said code relating to the appeal mentioned in such sec- tion of the code shall, in so far as they are applicable, apply to the appeal hereby provided and the judge on hearing such appeal may make any order that the justice of the peace might have made. No. 29 of 1898, s. 29. Assent of Lieutenant Governor in Council JJOl. Upon receipt of the return mentioned in section 205 hereof and upon being satisfied that the several conditions required by this Oi'dinance have been complied with, the Lieutenant Governor in Council shall in writing empower the trustees to borrow the sum or sums of money mentioned in the bylaw and shall publish the same in the official gazette of the Territories ; and the assent of the Lieutenant Governor in Council published as aforesaid, to any such loan, shall be conclusive evidence that all the necessary formalities have been complied with and that such loan is one which such school district may lawfully make. No. 2 of 1896, s. 204. Borrowing to be by debenture Debentures limited Value Term Form 308. All money borrowed under this Ordinance shall be borrowed by debenture except as hereinbefore provided. (2) The total face value of the debentures issued shall not be for a greater sum than one-tenth of the total assessed value of the real property within the district according to the la.st finally revised assessment roll of the district. (3) Debentures shall not run for a longer term than twenty years if the school buildings are of brick, concrete or stone and shall not run for a longer period than ten years if the build- ings be frame or log. (4) Debentures shall be in the form following or to the like efiect : $ Debenture No. (Give full corporate name of school district) The Trustees of {give full corporate name) promise to pay the bearer at the at the sum of dollars of lawful money of Canada in ' equal instalments from the date hereof with in- terest at the rate of per cent, per annum on the terms and in the amounts specified in the coupons attached hereto. {Signature) A.B., Chairman or Acting Chairman. CD., Trustee. Dated this day of 1 Coupons. Coupon No. Debenture No. The board of school trustees of will pay to the bearer at the bank at on the day of i the 736 1898 SCHOOLS Cap. 75 55 sum of dollars being the payment with the total interest at the rate of per cent. per annum due on that day on school debenture No. (Signature) A.B., Chairman or Acting Chairman. CD., Trustee. (5) Debentures shall not carry interest at a greater rate than interest eight per centum per annum. No. 2 of 1896, s. 205. 309. The trustees of any school district having received issue of notice from the Lieutenant Governor in Council authorising '^^''™'"''®^ them to contract a loan as hereinbefore provided shall issue debentures therefor in the form set forth in subsection (4) of the next preceding .section to secure the amount of the princi- pal and interest of such loan upon the terms specified in the bylaw before mentioned and the said debentures and the Effect coupons thereof shall be sufficient when signed by two of the trustees of the school district to bind such school district and to create a charge or lien against all school property or rates in the school district for which such loan is made. No. 2 of 1896, s. 206: 310. All debentures shall on redemption be marked " can- CanceUation celled" and signed by the secretary of the board of trustees °" ''* ®°^^''^°" across the face thereof. No. 2 of 1896, s. 207. 311. All debentures before being issued shall be sent for Registration registration to the department of public instruction and such by department department shall keep a book in which shall appear : 1. The name and number of each school district issuing debentures ; 2. The amount of debenture indebtedness incurred by such district from time to time ; 3. The purposes for which the indebtedness was incurred with particulars of the amount for each specific purpose ; 4. The date of redemption of each debenture. No. 2 of 1896, s. 208 ; No. 5 of 1897, s. 13. EXECUTIONS AGAINST SCHOOL DISTRICTS. 313. Any writ of execution against any school district may Execution, be indorsed with a direction to the sheriff to levy the amount J^'sherTs thereof by rate ; and the proceedings thereon shall be the following : 1. The sheriff shall deliver a copy of the writ and indorse- Copy writ and ment to the treasurer or leave such copy at the office or trtasm-er* '™ dwelling house of such officer with a statement in writing of the sheriff's fees and of the amount required to satisfy such execution inclurling such amount of interest calculated to some day as near as is convenient to the day of service ; 47 737 5G Cap. 75 SCHOOLS CO. Sheriflfs precept to treasurer N'onpayment 2. In case the amount with interest thereon from the day sheriff to ' mentioned in the statement be not paid to the sheriff within one fx"cution rate month after the service the sheriff shall examine the assess- ment roll of such school district and shall in like manner as rates are struck for general school purposes strike a rate on the dollar on the assessable property in the said school district suf- ficient 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 hand and seal of office directed to the said treasurer and shall by such precept, after reciting the writ and that the said trus- tees had neglected to satisfy the same, command the said treas- urer 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 rates next after the receipt of such precept the treasurer shall add a column to the tax roll in the said school district headed " Execution rate of A.B. V. School District of No. " (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 col- lected shall i-eturn to the sheriff the precept with the amount levied thereon ; 5. The sheriff shall after satisfying the executions and all fees thereon return any surplus within ten days after receiving the same to the said treasurer for t?ie general purposes of the said district ; Treasurer ^- "^^^ treasurer shall for all purposes connected withcarry- offleer of court ing into effect or permitting or assisting the sheriff to carry into effect the provisions of this Ordinance with respect to such executions be deemed to be an officer of the court out of vvhich 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. No. 2 of 1896, s. 209. Column in tax roll Levy of rate Return of precept SurpliLS "Treasurer" SIS. In the foregoing section the word "treasurer" shall mean ; 1. In the case of a school district lying wholly or in .part without the limits of any municipality, the treasurer of the school district ; 2. In the case of a school district lying wholly within the limits of the municipality, the secretary-treasurer of the muni- cipality. No. 2 of 1896,'s. 210. Absence of 314. In case of the absence of the treasurer and the refusal refusal to act Or neglect of the trustees to appoint some other person in his 7:iS 1898 SCHOOLS Cap, 7-"i 57 place or in case of the refusal or neglect of the treasurer to comply with any of the provisions of section 212 hereof the sheriff (upon application to a judge of the Supreme Court) may sheriff's be invested with full power and authority to assess, levy, coI-P"'^®'"*' lect and enforce payment of (in the same manner as assessors, collectors and treasurers are authorised to do by this Ordinance) such sum or sums of money as may be required to pay and satisfy the execution or executions and all fees and legal ex- penses 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. No. 5 of 1897, s. 39 ; No. 29 of 1898, s. 30. MISCELLANEOUS. 3 1 5. Upon a petition signed by at least four-fifths of such Agreement by resident ratepayers of any school district as are the parents or educaUon'of guardians of children between the ages of five years andanouie? °' sixteen years inclusive (the facts set forth in such petition district and the signatures thereto being verified by statutory declara- tion) the Lieutenant Governor in Council may empower the trustees! of such district to enter into an agreement for the education of the children of such district for a term of not less than three years with the trustees of any other school district upon such terms as may be mutually agreed upon : Provided that in all cases where such an agreement is in force Grants in grants shall be paid in respect of children attending the school ^"° °*^^*' maintained in another school district than the one in which they reside as though the parents or guardians of such children were resident ratepayers of the school district in which their children are being taught : Provided further that the school districts acting under such Taxes an agreement shall have full power and authority to make the necessary levy and assessment for the purpose of carrying out Conveyance J.1 i !• "ii J. 1 r -J- £ j.1. of children the terms or the agreement and tor providing tor the convey- ance of the children to and from school subject to the pro- visions of sections 150 and 151 of this Ordinance : Provided that the Lieutenant Governor in Council may ter- Termination minate any such agreement upon such terras as to him may '^s™"™*"' seem fit. No. 5 of 1897, s. 40. 816. The school fiscal year shall commence on the first day Fiscal year of January in each year and all accounts opened during the preceding fiscal year shall if possible be closed on the thirty- first day of December preceding. No. 2 of 1896, s. 212. 3 IT. All school districts heretofore established and now ex- Rxistinf 47.1- 7:59 58 Cap. 75 SCHOOLS C. 0. districts continued isting are hereby continued under and subject to the provisions of this Ordinance. No. 2 of 1896, s. 213 ; No. 29 of 1898, s. 31. Forma 318. The Council of Public Instruction shall prescribe such forms as may be required for the carrying out of this Ordin- ance. No. 2 of 1896, s. 214. Public notices 319. Public notices put up in accordance with this Ordin- ance may be either printed or written or both and unless otherwise provided the trustees shall post up within tlie district at least five such notices not less than eight days prior to the holding of all public meetings. No. 2 of 1896, s. 215. Declarations 330. All declarations and affidavits provided by this Ordi- and afridavite . j -ii i r • j.- !.■ j.i _l nance may be made either before a justice or the peace, a notary public or a commissioner appointed for taking affidavits. No. 2 of 1896, s. 216. Calling of meetings 331. All school meetings after the first shall be called by the respective boards of trustees except as otherwise provided by this Ordinance. No. 2 of 1896, s. 217. Adaptation of forms 'High school 333. In cases where it is provided in this Ordinance that forms in the schedule hereto are to be used such forms shall be followed as nearly as may be or as the circumstances will ad- mit. No. 2 of 1896, s. 218. 333. The title "high school" may be used to designate that department of any school which has a daily average atten- dance of thirty pupils in high school' standards and in which departments not less than two teachers are employed. No 2 of 1896, s. 219 ; No. 29 of 1898, s. 33. teachers' institutes. Teachers' institutes 334. Any number of teachers maj'^ organize themselves into a teachers' institute for the purpose of receiving instruction in the methods of teaching and for discussing educational matters, subject to the regulations of the Council of Public Instruction' No. 2 of 1896, s. 220. COMPULSORY EDUCATION. Certain 335. In every school district where there are at least fifteen open°iii*year children between the ages of seven and fourteen resident within a radius of one mile and a half from the school house it shall be compulsory' for the trustees of such district to keep the school open the whole year. No. 2 of 1896, s. 221. Shf^istobe .^^*' ^^ ^'^^^^ ^^^°°' district where there are at least ten open six cliildren between the ages of seven years and fourteen years months yearly it gjjalll^g compulsory for the trustees of such school district to have their school in operation at least six months in every year. No. 2 of 1896, s. 222. ^ 740 1898 SCHOOLS Cap. 75 5& 331. Every parent, guardian or other person resident in a compuiaory school district having charge of any child or children between '^"®°'^'*°''® the ages of seven years and twelve years 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 Penalty or other person who does not provide that every such child under his or her care shall attend school or be otherwise educated shall be subject to the penalties hereinafter provided. No. 2 of 1896, s. 223 ; No. 29 of 1898, s. 34. 338. It shall be the duty of the trustees of every school dis- Trustees to lay trict or any person authorised by them after being notified that no™attendance 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. No. 2 of 1896, s. 224. 339. It shall be the duty of the justice of the peace to ascer- f^^li'S ^° tain as far as may be the circumstances of any party complain- cases of ed of for not "sending his or her 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- ^^^^t <'''™^^** „ may be factory manner ; accepted 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 resi- dence 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 school district within which such child resides ; 5. That such parent or guardian was not able by reason of poverty to clothe such child properly or that such child's bodily or mental condition has been such as to prevent his or her at- tendance at school or application to study for the period re- quired. No. 2 of 1896, s. 225. TRUANCY. 330. The trustees of each school may appoint a truant oflS- Truant officer cer who shall for the purposes of this Ordinance be vested with police powers and the trustees shall have authority to make Regulations regulations for the direction of such oiEcer in the enforcement of the provisions of this Ordinance as they may deem ex- pedient, provided such regulations are not inconsistent with any of the provisions of this Ordinance and have been ap- 741 60 C^ap. 75 SCHOOLS CO. proved by the chairman of the Council of Public Instruction. No. 2 of 1896, s. 226 ; No. 5 of 1897, s. 13 (2). Truant ofBcer, in caBe of to lay complaint 331. If the parent, guardian or other person having the nonattendanoe legal charge of any child shall neglect or refuse to cause such 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 ofEcer shall make or cause to be made a complaint against such person before any justice of the peace having jurisdiction in the school district in which the offence occurred and such person shall be liable on summary conviction to a fine not exceeding $1, and costs for the first offence and double that penalty for each subsequent offence. No. 2 of 1896, s. 227. Proviso as to truancy S3S. Provided that in other than town school 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. No. 2 of 1896, s. 228. SCHEDULE. FORM A. (Section 14-) To the Department of Public Instruction : Gentlemen, — The bumble petition of the undersigned resident ratepayers of the area hereinafter described showeth : 1. That the undersigned are resident ratepayers within the limits hereinafter mentioned proposed to be formed into a school district and are qualified ratepayers within the meaning of The School Ordinance and have formed themselves into a committee for the purpose of procuring its erection ; 2. That the proposed name of said district is 3. That the following are the limits and definite location of said proposed district namely : sections 4. That the approximate area of said proposed district is about acres ; .5. That the total population of the said proposed district is ; the number of adults is ; and the children between the ages of five years and sixteen years inclusive resident in the proposed district is ; 6. That the total number of the ratepayers in the district is ; the number of Protestants is ' ; Roman Catholics 742 1898 SCHOOLS Cap. 75 (il 7. That the map or plan hei-eto annexed shows the boundaries, principal legal subdivisions, principal physical features and general location of the proposed district ; Therefore your petitioners pray that the proposed district hereinbefore particularly mentioned and described may be erected into a school district as provided by the said Ordinance. Dated at this day of A.B. CD. E.F. Declaration. {Section, 15.) Canada, ^ I of North-West Territories. >- section , township , To wit : j range , west of the meridian in the North- West Territories do solemnly declare : 1. That I am a member of the committee mentioned in the petition hereto annexed ; 2. That the members of said committee are bonajlde resident ratepayers of the proposed school district mentioned in the said petition ; 3. That the statements made in the said petition are correct; 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 Ihe Canada Evidence Act 189,1 Declared before me at in the this day of 1 FORM B. (Section 16.) Notice. All parties are hereby notified that the undersigned com- mittee have petitioned the Department of Public Instruction for the erection of {give name in full) School District within the following limits, that is to say : (define limits) ; and the Department of Public Instruction haviaa approved of the said limits, we hereby call a meeting of the resident ratepayers within these limits to be held on the day of at from one o'clock p.m. till four o'clock p.m. (standard time) to decide whether such school district shall be 743 62 Cap. 75 SCHOOLS CO. erected or not and to elect three school trustees. Nominations fur school trustees may be made up to two o'clock p.m. at which hour a poll to decide the questions of the erection of the school district and the election of trustees shall be opened. The qualification of voters is expressed in the following oath or affirmation which persons desiring to vote must take if required : " You do solemnly swear {or affirm) that your name is {men- tion name given by proposed voter) ; that you are a bona fide resident ratepayer within the limits of the proposed school district ; that you are of the full age of twenty-one years ; that you are not an unenfranchised Indian; that you have not re- ceived any corrupt reward and have no hope or expectation of receiving any such reward for voting at this time and place." Of which all persons interested are hereby required to take notice and govern themselves accordingly. A.B.\ G. B. > School committee. E.F. ) FORM C. {Section 16.) Canada: \1 ^ of North- West Territories, ;- section , township , To wit : j range , west of the meridian, in the North- West Territories do solemnly declare : 1. That during the month of ,1,1 duly posted up in conspicuous and widely separated places within the area mentioned and described in the notice hereunto annexed copies of said annexed notice : 2. That the said copies of the said notice were posted up by me at the following places within the said area that is to say : No. 1 at No. 2 at No. 3 at No. 4 at No. 5 at all \ section \ section I section \ section I section of the , township , township , township , township , township meridian ; range range range range range 3. That the copy of the notice number herein was posted up at the post office at being the post office in {or nearest to as the case may be) the proposed school district ; 4. That the last of the said copies of the said annexed notice was posted by me in the manner aforesaid on the day of , 1 ; And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and 744 1898 SCHOOLS Cap. 75 63 effect as if made under oath and by virtue of The Canada Evidence Act 1893. Declared before me at in the this day of A.D. 1 FORM D. {Section 37). To The Department of Public Instruction, Regina. Gentlemen, — The humble petition of the undersigned resident ratepayers of the area hereinafter described, showeth ; 1. That the undersigned are Protestant {or Roman Catholic as the case Tnay be) resident ratepayers within the limits of {here give corporate name) Public School District, the minority of the ratepayers in said school district being Protestant {or Roman Catholics ab the case may he) and desire to establish a Protestant (or Roman Catholic as the case may he) separate school district therein in accordance with the provisions of section 36 of The School Ordinance ; 2. That the proposed name of the separate school district is as follows : " Protestant {or Roman Catholic as the case may he) Separate School District No. of the North- West Territories ; " 3. That the limits and definite location of the said district are as follows : 4. That the approximate area of the said district ig about acres ; 5. That the total number of ratepayers and of children be- tween the ages of five years and sixteen years inclusive, of the religious faith of the petitioners, residing within the limits aforesaid is as follows : ratepayers, ; children ; 6. The total assessed value of the real and personal property belonging to the ratepayers of the religious faith of the peti- tioners within the said public school district and liable for assessment in respect of such separate school district is $ 7. That the undersigned are a committee to arrange for the establishment of such separate school district. Therefore your petitioners pray that a Protestant {or Roman Catholic as the case may he) separate school district may be established within the limits of th'e said public school district as provided in said Ordinance. Dated at this day of A.D. AB. CD. E.F. 745 'i4 Cap. 75 SCHOOLS C. 0. Declaration. Canada : "l I, of North-West Territories [ section township To wit : I range in the North-West Territories do solemnly declare : 1. That I am a member of the committee mentioned in the petition hereto annexed ; 2. That I am a bona fide resident ratepayer of the proposed separate school district mentioned in the said petition ; 3. That the statements contained in the said petition are correct ; 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. Declared in the of before me this A.D. at 1 dayr FORM E. {Section 39.) Notice. All parties are hereby notified that the undersigned commit- tee have petitioned the Department of Public Instruction for the erection of a Protestant {cn^ Roman Catholic as the case may be) separate school district within the limits of (give name in full) public school district and the Department of Public Instruction having approved of the said petition, we hereby call a meeting of the Protestant (or Roman Catholic as the case may he) school ratepayers who will be supporters of such separate school district if erected, to be held on , the day of , at {within the liiii.its of the public school district) at one o'clock p.m. to decide whether the school district shall be erected or not and to elect three school trustees. Nominations for school trustees may be made up to two o'clock p.m., at which hour a poll to decide the questions of the erection of the proposed separate school district and the election of trustees shall be opened. The qualification of voters is expressed in the following oath or affirmation which persofts desiring to vote must take if re- quired : "You do solemnly swear (or affirm) that j'our name is ; that you are a bona fide resident ratepayer within the limits of (give name of public school district) ; that you are of 746 1898 SCHOOLS Cap. 75 (io the full age of twenty-one years ; that you are not an unen- franchised Indian ; that you are a Protestant (or Roman Catholic as the case may be) ; that you have not received any corrupt reward and have no hope or expectation of receiving any such reward for voting at this time or place." Of which all persons interested are hereby required to take notice and govern themselves accordingly. A.£. \ C. D. [-Committee. K F. FORM F. {Section 7S.) Form of Agreement between Trustees and Teacher. We, the undersigned, trustees of (here insert name of school district or separate school district in jull) have chosen who holds a class certificate of quali- fication, to be a teacher in the said district ; and we do hereby contract with and employ such teacher at the rate of per annum {or as the case may he) from and after the date hereof and we do further bind and oblige ourselves and our successors in office faithfully to collect and pay the said teacher during the continuance of this agreement the sum or sums for which we hereby become bound. And the said teacher hereby contracts with the said trustees and their successors in office and binds himself to teach in and conduct the school or schools of the said district {or separate school as the case mo y he) according to the provisions of The School Ordinance and the regulations of the Council of Public Instruction in force under its authority. This agreement shall continue in force from the date hereof unless the certificate of the said teacher should in the meantime be revoked, and shall not include any teaching on Saturdays or on other lawful holidays or vacations decided on, e.g., all such holidays and vacations being at the absolute disposal of the teacher without any deduction from his salary whatever. Witness \ A. B.\ Corporate f G. D. V Trustees. seal. G.H. Teacher, [l. s.] Dated this day of A.D. 1 f 747 66 Cap. 75 hijhools C. 0. FORM G. (Section 74-.) Form of Consent to Resignation of Trustees. A. B., our colleague as trustee of (Aere insert name of school district in full) having intimated to us his desire to resign his office as such trustee, we the undersigned remaining trustees of said school district do hereby consent to his resignation as authorised by section 74 of The School Ordinance, such resig- nation to take eifect on the election of his successor at a meet- ing of the ratepayers of the said school district called by us and to be held oa the day of 1 P J-,' > Remaining trustees. Dated this day of 1 [Note — To be given to the retiring trustee for presentation to the chairman of the school meeting called as above.^ FORM H. (Section 90.) Form of Bond to be Given by Treasurer. Know all men by these presents that A.B. treasurer of (here insert name of school district in full), CD., of , and E. F., of are held and firmly bound unto the trustees of the said school district or to their successors in the penal sum of dollars to be well and truly paid to the said trustees or their successors for which payment we bind ourselves and each of us respectively binds himself and his respective heirs, executors and administrators firmly by these presents. Sealed with our respective seals and dated this day of 1 The condition of the above bond or obligation is such that if the above bounden A.B., his heirs, executors or administrators do and shall well and truly account for and remit all moneys belonging to such corporation coming into his hands to the corporation of the school trustees of {here insert name of school district in fidl) without any deduction, defalcation or abate- menc whatsoever then the said bond or obligation to be void, otherwise to be and to remain in full force and virtue. Signed, sealed and delivered at \ on the f A.B. L.S.; day of 1 . { CD. '\.s': ) E.F. L.S.' 748 1898 SCHOOLS Cap. 75 67 FORM I. {Section 91.) Teeasurer's Return for Term Ending 1 I, treasurer of School District No. of the North-West Territories do solemnly declare as follows ; 1. 6 That the name of the teacher in the " department of the above school district is 2. That the class of certificate granted by the Council of Public Instruction, N.W.T. , he holds is. . . . 3. That the salary paid to h per is 4. That the amount of salary earned by h during the term was 5. That the amount of salary due h at the end of the term was That the names of previous teachers (if any) in the said department to whom salary is still due and the amounts so due, are That I have examined the school register and find : (a) That the department was opened for the cur- rent year on , (6) That the department was opened for the term on (c) That the department was closed during the term from until {d) That the number of legally authorised teach- ing days the school was thus closed was (e) That the reason for so closing the school was . {Medical certificate if any attached hereto.) if) That the department was closed for the term on {g) That the number of legally authorised teach- ing days during the term on which the depart- ment was open was That the annexed abstract from the school register as prepared by the teacher of this ddpartmiint and showing the number of pupils with their names, ages, sexes and school standing, the pupils who have removed from the district or have died during the year, the pupils who have been absent all term with the reason therefor, the pupils who have been in attendance during the term with their aggre- gate and average attendances is correct in every essential and particular to the best of my knowledge and belief. (h) X % 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. Declared before me at this of \ CD. day > Treasurer. I P.O. address: :j; In the above column ordinary i ifoiLiiation only is tabulated, § Only financirl statistics are tabulated above. 749 6.S Cap. 75 SCHOOLS CO. fee c o j:: o a o h O OS J2 <1 fee .3 3 m O d O (V o3 feX) a ^aasqu Bl'ea; ■^uasajd sXbq; ■^aasq'E SjStbq ■jnasejd Si^'BQ; •X3g ■eSy 55 •ON .taisiSay; ■pj'Bpu'eis o s :e •■4a3sqB sli^o: •^uasaad sAmq ■(uasq'B bjCbq ffi •:}U3S8Jd sA'SQ •xos o ■sSy ■0^ ja^siSaa •pji3punqs 750 1898 SCHeOLS RECAPITV.'LATION. Cap. 75 Pupils on register at beginning of term Xew pupils added during term Total pupils on register Pupils in attendance during term Pupils temporarily absent throughout whole term . Pupils who have left school district, been promoted or have died during the year Total pupils on register Aggregate daily attendances of department Daily average attendance. (School open days) , ! Boys. Girls. Total. 69 DECLARATION OF TEACHER. I, , holding a valid class certificate from the Council of Public Instruction of the North- West Territories do solemnly declare that I have taught and conducted the department of the school in School District No. of the North- West Territories in accor- dance with the requirements of The School Ordinance and the regulations thereunder made by the Council of Public Instruction for the period of legally authorised teaching days during the school term ending 1 ; that only the text books authorised by the Council of Public Instruction have been used in the said department ; that the register has been faithfully and impartially kept ; that to the best of my knowledge and belief all the statements in this return are correct ; that my agreement with the trustees is in accordance with the Ordinance and regulations in that behalf, and there is no collusive understanding by which any portion of the said agreement is to be made of no effect ; that all my salary has been paid up to and including the last day of the said term except the amount of I , which was due on that date ; 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 189S. Declared before me at this day of E. F., Teacher. DECLARATION OP SECRETARY. I, , secretary to the board of trustees of School District Xo. , do solemnly declare that the department of the above school respecting which the treasurer and teacher have declared to specific statements in this return has been supported and controlled by the trustees in accordance with the provisions of The School Ordinance and the regulations thereunder made by the Council of Public Instruction ; that to the best of my knowledge and belief this return is correct in every respect; 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 IfHiS. Declared before me at 1 this day of G. H. Secretary of trustees. 751 70 Cap. 75 SCHOOLS FORM J. CO. (Section 91.) Annual Financial Statement. School District No. The following statement of cash receiver] and expended by me on account of the above school district for the year ended December 31st, 1 together with the other information furnished by me (E. and, 0. E.) is correct and true in every par- ticular. Gov't grant for term ended Gov't grant for term ended ' Taxes collected ing the year dur- Received for fees from pupils Proceeds of sale debentures of EXPENDITURES. For teachers' salaries . On account of debenture indebtedness For rent of buildings. . school apparatus . ■ . library caretaker and fuel.. On school buildings AMOUNTS DUE TO AND BY THE DISTRICT. Arrears of taxes due to district Fees from pupils Balance due on teachers' salaries Balance due on outstanding accounts Balance due on buildings and land PARTICULARS OF ASSESSMENT. Amount of assessable property from last revised ass'mt roll Rate of school tax per dollar Rate of school tax per dollar to pay deben- ture indebtedness. . . AUDITOR S REPORT. I hereby certify that I have compared the above statement with the books kept by the district and find the same correct. Auditor. ASSETS OF DISTRICT. Estimated value of real es- tate Estimated value of school buildings Estimated value of furni- ture COST OF LAND AXD BUILDINGS. Amount paid for school site.. " " buildings " "furniture.&c. Treasurer. 752 1898 SCHOOLS Cap. 75 71 FORM K. (Section 14^.) To the Board of Trustees of School District No. Gentlemen, — The petition of the undersigned resident rate- payers of school district No. sheweth : 1. That the undersigned are resident ratepayers of the above named school district and are qualified ratepayers within the meaning of The School Ordinance ; 2. That it is de.sirable that the system of assessment provided for in section 142 of The School Ordinance be adopted (or dis- continued as the case nvcy be) in the said school district ; 3. That the total number of resident ratepayers in the dis- trict is ; Therefore your petitioners pray that you may adopt {or discontinue as the case may be) such system of assessment. Dated at this day of 1 A. B., a D., Witness. E. F., G.H. Declaration of Witness. Canada, ^ I, of North -West Territories. { section township To wit : r range west of the ) meridian in the North- West Ter- ritories do solemnly declare : That I was personally present and did see the within (or annexed) petition duly signed by G. D. and others the peti- tioners who are personally known to me. And I make this solemn declaration conscientiously believ- ing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act 1893. Declared before me at in the i A B this day of 48 753 Cap. 75 SCHOOLS C. 0. Declaration of a Subscribing Petitioner. Canada, ^ I of North-West Territories. ( section township To wit : f range west of the ) meridian in the North- West Ter- ritories do solemnly declare : 1. That I am a resident ratepayer in (insert name of school district) and one of the subscribing petitioners to the within petition ; 2. That the several statements in the said petition contained are true to the best of my knowledge and belief ; .'3. That the subscribing petitioners to the said petition com- prise three-fourths of the resident ratepayers of the said school 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. Declared before me at j in the North- West Territories this V CD. day of A.D. 1 ) FORM L. {Section 186.) Transfer of Land on Sale for Taxes. I of being treasurer of School District No. of the North-West Territories by virtue of authority to sell lands for arrears of taxes vested in me by warrant under the hand cf the chairman of the board of trustees of the said school district and the seal of the said board and by The School Ordinance do hereb}^ 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 ] for arrears of taxes due on said laud to the said school district, transfer to the said all that piece of. land being In witness wliereof I have hereunto set my hand and the seal of the said board of trustees this day of 1 Signed by the above , ] ;„ igned by the above \ named in ( the presence of t ?54 1898 SCHOOLS Cap. 7o 73 Affidavit of Witness to he Indorsed on Transfer. Canada \ North- West Territories. I To wit: ) I of {residence) in the North- West Territories, {occupation) make oath and say : 1. I was personally present and did see named in the within instrument who is personally known to me to be the person named therein he being the treasurer of School District No. of the North- West Territories duly sign and execute the within instrument for the purposes named therein : 2. That the said instrument was executed at in the said Territories and that I am the subscribing witness thereto : 3. That I personally know the said and he is in mj' belief of the full age of twenty-one years. Sworn before me at ~\ in the North-West Territories (^ this day ( of 1 ) FOEM M. {Section 197.) Bylaw No. A bylaw relating to the issue of debentures of the {give full corporate name of school district). Whereas it is necessary and desirable that the sum of dollars should be borrowed on the security of the {give full name of school district) for the purpose of repayable to the bearer with interest at per centum per annum in equal consecutive annual instalments ; Now therefore the board of trustees of the said school dis- trict enact as follows : 1. That the necessary notices be given and proceedings had under The School Ordinance for receiving the sanction of the ratepayers of the said school district to the loan and the issue of debentures therefor and that the voting thereon shall take place at on the day of 1 , pursuant to the provisions of the said Ordinance ; 2. That if the said sanction be obtained and the Lieutenant Governor in Council shall empower in writing the said board 4f.J 75.5 74 Gap. 75 SCHOOLS C. 0. of trustees to borrow the said sum pursuant to the said Ordin- ance then debentures of the said school district -will be issued payable to the bearer in equal consecutive annual instalments with interest at per centum per annum and shall be executed by the chairman and one member of this board of trustees. Done and passed at of this day of A.D. 1 Chairman. (Trustees. FORM N. (Section 198.) Public Notice. By the trustees of the {give full corporate name of school district). Whereas it is deemed expedient by the trustees of the (give fuU name of the school district) that the sum of dollars should be borrowed on the security of the said school district by the issue of debentures repayable to the bearer in equal consecutive annual instalments from the issue thereof with interest at the rate of per centum per annum for the following purposes namely : Therefore notice is hereby given by the trustees of the said district that a poll will be opened by the undersigned chair- man of the said trustees at the on the day of , 1 , at the hour of ten o'clock a.m. and will continue open until four o'clock p.m. of the same day when the votes of those duly qualified to vote thereon will be taken for or against raising the said sum of dollars by way of a loan on the security of the said school district as hereinbefore set forth. The qualification of voters is expressed in the following oath or afiirmation which persons desiring to vote must take if re- quired : "I A B. do solemnly swear that I am a bonafidx rate- payer of the (name of school district) ; that I am of the full age of twenty one years; that I am not an unenfranchised In- dian ; that I have paid all taxes due by me to the said school district ; that I have not voted before at this election and 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." Of which all persons interested are hereby notified and are required to govern themselves accordingly. Chairman. [ Trustees. Dated at this day of 1 756 1898 SCHOOLS Cap. 75 FORM 0. (Section 205.) 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 1 , in connection with the issue of debentures en 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 : 75 Total No. of votes taken. No. of votes on each side after the recount. For. Against. For. Against. Dated at this J. P., of day 7.5 ■57 CHAPTER 76. An Ordinance respecting the Marking and Inspection of Stock. 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 Brand Ordinance." No. 23 of 1897, s. L INTEEPEETATION. Interpretation 'A. In this Ordinance unless the context otherwise requires — Department 1. The expression "department" means the department of agriculture ; "Minister 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 ; "Horse" 3. The expression " horse " means any horse, mare, gelding, colt or filly, ass or mule ; "Cattle" 4. The expressien " cattle " means any bull, cow, ox, heifer, steer or calf ; "«tock' 5. The expression " stock " means any horse or head of cattle ; "Owner' ^- The expression "'pwner " means the owner jointly or in severalty of any brand recorded under this Ordinance or the authorised agent of such owner ; "Proprietor" 7. The expression "proprietor" means the owner or pro- prietor jointly or in severalty of any stock or the authorised agent of such proprietor ; "Brand" ^- '^^^ expression " brand " means any letter, sign, character or numeral recorded as allotted to any owner and the permanent impression of any letter, sign, character or numeral placed up- on any stock under the provisions of this Ordinance; "Vent" 9. The expression '■ vent " means (ff) In the case of any re-allotted brand any vent recorded prior to the first day of March, 1898' and re-allotted or where no vent has been re-allotted the second per- manent impression of the re-allotted brand placed up- on the same side of any stock as the original brand ; (b) In the case of any three-character brand recorded since the first day of March 1898, either the second perman- ent impression thereof placed upon the same side of any stock as the original lirand which may be reduced in size to one half the size of the original brand or an impression of the first sign, character, letter or figure of such brand placed horizontally below the brand ; 758 1S98 BRANDS Cap. 76 2 any such vent denoting the fact of the proprietory rights in such stock having passed from the owner to some other person; 10. The expression " i-ecord " means the book kept by the "Record" recorder in pur.suance of this Oi-dinance in which a description of every brand is recorded as such brand is allotted to any owner. No. 23 of 1897, s. 2 ; No. 31 of 1898, s. 2. BRANDS, THEIR NATURE, OWNERSHIP, USE AND SIGNIFICANCE. 3. All brands recorded under the provisions of any Ordi- cancellation nance prior to the first day of March 1898 are declared on and°* brands after the first day of July, 1898, to have been cancelled as re- corded brands. No. 23 of 1897, s. 3. 4. Any brand or mark recorded under the provisions of the Allotment of Ordinances in that behalf prior to the first day of March, 1898,^f4*^b"rlnd or in actual use before that date which for any reason satis- factory to the minister has not been recorded under the pro- visions of this Ordinance may (with the approval of the minis- ter) be allotted to the owner thereof if application for such allotment is received by the recorder on or prior to the thirtieth day of June, 1899 ; otherwise every brand that is under this Ordinance allotted (except for horses) shall consist of not more nor less than two letters and one numeral or of two signs or characters and one numeral representing running or con- secutive numbers ; and the shape and pattern of such letters, signs or characters and of such numerals as aforesaid and the arrangement of such letters, signs or characters and numerals as aforesaid shall be fixed and determined by the minister in such positions as the minister may decide. No. 23 of 1897, s. 4 ; No. 31 of 1898, s. 3. 5. Upon the allotment and record of any brand to any owner Exclusive or transferee under the provisions of this Ordinance such"^ ° owner or transferee shall have the exclusive right to the use of such brand and the presence of a recorded brand on any stock shall be prima facie evidence of the ownership of such animal by the owner of such brand. No. 23 of 1897, s. 5. 6. One brand for horses and one brand for cattle and no One brand for more shall be allotted to each owner. No. 23 of 1897, s. 6. one to^<^ttie RECORD OF BRANDS. T. The Lieutenant Governor in Council may appoint a re- Recorder of corder of brands who shall in every way be subject to the di- rection of the minister. No. 23 of 1897, s. 9. 8. The recorder shall keep a record of all brands allotted ^,«g°f^^g under this Ordinance. No. 23 of 1897, s. 10. 9. An V person reouirine the allotment to him of a brand Application , ,, y 1 ,. ,. 1 , ,1 n J.1 c ■ J 1 for allotment shall make application to the recorder therefor accompanied by of brand the fee prescribed in the tarijf of fees appended hereto. 759 Cap. 76 BRANDS CO. Allotment of brand Certificate of record of brand Publication of recorded brands (2) Each application shall be limited to a brand for cattle or a brand for horses. No. 31 of 1898, s. 5. 10. Upon being satisiied that the application is in con- formity with the provisions of this Ordinance the recorder shall allot to such applicant in the order in which his application is received the first brand which may be alloted under the pro- visions of this Ordinance and shall record the said brand to such applicant accordingly and the recorder shall also mark upon the said application a facsimile of the brand allotted to such applicant. No. 23 of 1897, s. 12. 1 1 . Upon the recording of any brand as aforesaid the re- corder shall deliver or transmit to the applicant to whom such brand is allotted a certificate of the record thereof ; and the production of any cei'tificate 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 without any further proof of signature. No. 23 of 1897, s. 13. 13. The minister may at such times and in such manner as to him may seem desirable publish a complete list of the brands recorded under this Ordinance and may make a reasonable charge for the volume containing the same. No. 31 of 1898, s. 6. Transfer of brands Vent of transferred stock TRANSIERS. 13. Any person wishing to transfer the right to any brand recoi'ded under the provisions of this Ordinance shall make and sign in the presence of any person empowered to adminis- ter oaths for use in the Supreme Court of the Territories a memorandum in form A in the schedule hereto and shall trans- mit the same to the recorder with the certificate of the record issued by the recorder and the fees chargeable on such transfer as set forth in the tariif of fees appended hereto ; and the re- corder shall upon the receipt of such memorandum, certificate and fees make an entry opposite to the original record of the allotment setting forth the fact of such transfer of such brand to the transferee; and such transferee shall thereafter be deemed to be the person having the exclusive right to use such brand. No. 23 of 1897, s. 16 ; No. 31 of 189S, s. 7. 14. Upon every transfer of any stock marked with the recorded brand of the transferror the transferror shall vent the stock so transferred unless such transfer also includes the brand with which such stock is marked : Provided however that any transferee taking possession of any stock for the purpose of slaughtering or shipping such stock out of the Territories may waive his right to claim that such stock shall be branded with a vent mark, but in such case the transferror shall give to the transferee a statement in form B in the schedule hereto which shall be accepted as evidence of the transfer of such stock wherever such evidence may be re- quired for the space of thirty days from the date on which 760" 1898 BRANDS Cap. 76 ^ such statement purports to have been made. No. 23 of 1897, s. 17. INSPECTORS OF STOCK. THEIR DUTIES AND FEES. 1 5. The Minister may from time to time appoint such per- inspectors sons as he may think fit to be inspectors of stock ; and notifi- °* ^''^"^^ cation of every such appointment published in the official gazette shall be evidence thereof. No. 23 of 1897, s. 19. 10. It shall be the duty of every inspector of stock to keep Duties of a full, clear and correct record of every head of stock inspected inspectors or hide punched by him and in every way possible to take such action as shall tend to the proper carrying out of all the pro- visions of this Ordinance. No. 23 of 1897, s. 20; No. 31 of 1898, s. 9. 11. Every inspector of stock after performing any of thecertiflcateof duties of his office and upon tender of the proper fees therefor '°^^^''''^°" shall furnish a certificate of such inspection to any person re- quiring the same and the production of any certificate purport- ing to be a certificate signed by an inspector of stock under the provisions of this section in any court shall be prima facie evidence of such inspection without any further proof of signature, No. 23 of 1897, s. 21 ; No. 31 of 1898, s. 9. 18. The inspector of stock shall be entitled to a fee of ten Fees to cents for every hide punched and recorded by him to be paid by i"sp^<''°'' the person producing the same for record ; and to a fee of five cents for every animal the brands on which are recorded by him under the provisions of section 21 of this Ordinance to be paid by the person required to have the same done ; and the said fee shall be paid to the inspector of stock before any cer- tificate of the inspection and record is given by him. No. 23 of 1897, s. 28; No.'Sl of 1898, s. 9. MISCELLANEOUS. 19. No person shall place any head of stock in any railway Certmcate car in any part of the Territories for shipment out of the Ter- Sbtainel ritories without first obtaining a certificate from an inspector ^^^f^^^j^^ of stock setting forth that he has made an inspection of such ot stock stock and recorded the sex, brands and marks of every head of such stock ; and at any prosecution for contravening the provisions of this section the onus of proof that an inspection has been made as required by this section shall be upon the person whose duty it is to have such inspection made : Provided that the minister may direct that the provisions of this section shall not apply within any particular area or at any point or points during any period named by him and he may revoke or vary any such direction. No. 23 of 1897, s. 22 ; No. 31 of 1898, ss. 9, 10. 30. Every butcher engaged in slaughtering cattle shall keep Butcher to a record of all cattle so slaughtered naming therein the person ^^^^ ^^°°^^ 761 Cap. 76 BRANDS CO. of slaughtered from whom purchased, his place of residence, and the age, sex, brands (if any) and marks of all such cattle, which record shall at all times be open to the inspection of the public. No. 23 of 1897, s. 23. by butcher Inspection of 31. Every butcher slaughtering cattle shall keep the hides slaughtered ^ of such cattle at his place of slaughtering for a period of not less than seven days ; and such hides shall be open to the inspection of the public and no hide shall be sold or disposed of in any manner until an inspection of such hide and a record of the brands thereon has been made by an inspector of stock who shall thereafter punch the hide and furnish a certificate of such inspection and record. No. 23 of 1897, s. 24 ; No. 31 of 1898, s. 9. Inspection of hides of cattle slaughtered for sale by- person other than butcher 33. Every person other than a butcher who slaughters any head of cattle for beef shall exhibit the hide of such animal at the time and place the beef is offered for sale ; and before such beef is offered for sale the hide shall be punched and a record of the brands (if any) thereon made by an inspector of stock. No. 23 of 1897, s. 25 ; No. 31 of 1898, s. 9. Inspection of ''^^' Every person other than a butcher who slaughters any hides of cattle head of Cattle for home Consumption shall keep the hide of slaughtered i .t-,^. forborne ,such Cattle SO slaughtered intact for a period oi sixty days sub- consumption • i. J. J.T, ■ I.- £ J.1_ UT •> •! ject to the inspection oi the public : 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. No. 23 of 1897, s. 26. Purchaser of hides to keep record Owner only to remove hide from dead cattle 34. Every purchaser of hides shall keep a record of all hides of cattle purchased by him which record shall state — (a) The date of each such purchase ; (6) The name of the person from whom purchased ; (c) His place of residence ; {d) 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 the inspection of the public. No. 23 of 1897, s. 27. 35. No person other than the owner of such animal or his agent or employee shall remove the hide from the carcase of any cattle found dead. No. 23 of 1897, s. 29. Officers to make returns and furnish information 36. Every officer appointed under the provisions of this Ordinance shall on or before the fifteenth day of January in each year make a return to the minister setting forth the fees and emoluments received under this Ordinance for the calendar year next preceding and shall at all times furnish to the min- ister on demand therefor any information he may require in connection with such office. No. 23 of 1897, s. 30. 762 1898 BRANDS Cap. 76 6 PENALTIES. 'il. Any person disobeying or contravening any of the fro- Penalty for visions of this Ordinance (excepting such as are provided f or q? "ordirnance" in the next succeeding section) shall be guilty of an offence and on summary conviction thereof shall be liable to a penalty not exceeding $100. No. 23 of 1897, s. 17. OFFENCES AND PENALTIES. 38. Any person who — (a) Brands or directs, aids or assists to brand any stock offences and with a brand which shall not have been recorded un- p®"**'*^!®^ der the provisions of this Ordinance ; (h) Brands or causes, directs or permits to be branded with his own brand any stock of which he is not the ow- ner, without the authority of the owner ; (c) Blotches, defajces 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, de- faced or otherwise rendered illegible or altered : shall be guilty of an offence and on summary conviction there- of before a justice of the peace liable to a penalty not exceed- ing the sum of $200. No. 23 of 1897, s. 18 ; No. 31 of 1898, s. 8. 763 Cap. 76 BRANDS C. SCHEDULE. FORM A. Memorandum of Transfer. To the recorder of brands : I (or we) being the recorded owner of the brand mentioned in the margin hereof having transferred the same to do hereby request that you will make the necessarj'' transfer to of such brand in your record and enclose herewith the sum of $1 as the authorised fee on such transfer. Dated this day of A.D. 1 Owner. Transferee. Witness : FORM B. To all whom the same may in any wise concern : Take notice that I have this day sold {numbers and descrip- tion of animals sold) to (name of person.) (Signature.) Dated at this day of 1 Tariff of Fees. On application for re-allottment of brand already re- corded nil On application for re-allottraent of brand $1 00 On every transfer of a recorded brand 1 00 764 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." short title No. 88 of 1897, s. 56 (1). PROVISIONS REGARDING FENCES. S. No action for damages caused by domestic animals shall Absence of be maintained nor shall domestic animals be liable to be dis- *^ trained for causing damage to property unless the same is sur- rounded by a lawful fence. No. 26 of 1891-92, s. 1 ; No. 38 of 1897, s. 56 (2). 3. Unless in this Ordinance otherwise provided any of the Lawful fence fences in this section described shall be deemed a lawful fence: 1. North of the range of townships numbered 30 any sub- stantial fence four feet six inches high if it consists — (a) Of rails or boards the lower one not more than one foot from the ground the others not more than six inches apart except the top one which may be eight inches from the next lower rail ; (b) Of upright posts or boards not more than six inches apart ; (c) Of barbed wire and a substantial rail on the top the wires to be not less than two in number and the lower one not more than twenty inches from the ground ; {d) Of common wire and a substantial rail on the top the wires to be not less than four in number or more than one foot apart : Provided that any person who erects or has on his premises a wire fence without a securely fastened and substantial top rail throughout its whole length shall be guilty of an offence and upon summary conviction thereof before a justice of the peace be liable to a penalty not exceeding $100 and costs in addition to the amount of damages for which he may otherwise be liable ; 2. In that portion of the provisional district of Alberta lying south of townships numbered 47 (in addition to any other law- ful fence) the following : Any fence of three or more wires barbed or plain on posts not more than thirty-five feet apart the wires being stapled to droppers not less than five feet in height 765 Cap. 77 FENCES C. 0. two inches in width and one and a half inches in thick- ness or willow or other poles not less than five feet high and one inch in diameter at the small end the said droppers or poles being placed (one end resting on the ground) at regular intervals of not more than ten feet apart ; 3. In all other parts of the Territories any substantial fence four feet six inches 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 ; (h) Of upright posts or boards not more than six inches apart ; (r) Of barbed wire and a substantial rail on the top, the wires to be not less than two in number and the lower one not more than twenty inches from the ground or of three barbed wires or more, the lower one not mure than twenty inches from the ground ; posts not to be more than sixteen and a half feet apart ; (d) Of common wire and a substantial rail on the top, the wires not to be less than three in number or more than one foot apart ; or of four wires one foot apart ; posts not to be more than sixteen and a half feet apart ; (e) Of three or more wires barbed or plain on posts not more than fifty feet apart, the wires being stapled to droppers riot less than five feet in height, two inches in width and one and a half inches in thickness ; or willow or other poles not less than five feet high and one inch in diameter at the small end ; the said drop- pers or poles being placed (one end resting on the ground) at regular intervals of not more than seven feet apart ; 4. In all parts of the Territories the following described fence known as an A fence : Two posts spiked together at the top and resting on the ground in the shape of an A, which shall be joined by a brace firmly nailed near the base ; three rails shall be firmly nailed on one side of the A, the top rail not less than four feet six inches from the ground and the the bottom rail not more than eighteeen inches fi-om the ground ; there shall also be nailed on the other side of the A one rail not more than twenty inches from the ground ; 5. In all parts of the Territories any river bank or other natural boundary sufficient to keep domestic animals out of any land shall be a lawful fence. No. 26 of 1891-2 ss 2 3 4 5 ; No, 38 of 1897, s, 56 (3, 4) ; No. 32 of 1898, ' ' ' ' 766 1S98 FKNCES Cap. 77 3 4. No fence surrounding growing crops or crops in process Fences around of being harvested shall be deemed a lawful fence unless it is°™P^ situated at least eight feet from such crop and otherwise com- plies with the provisions of this Ordinance. No. 38 of 1897, s. 56 (5). 5. No fence surrounding stacks of hay or grain shall be Fences around deemed a lawful fence unless the same be situate twenty-five^**"''^'' feet from such stacks and consist of — (a) Rails or boards the lower one not more than one foot from the ground, the others not more than six inches apart except the top one which may be eight inches from the next rail, each panel not exceeding twelve feet in length and all rails to be securely fastened ; (b) Or of barbed wire or common wire and a substantial rail on the top securely fastened, the wires to be not less than four in number, the lower wire not more than one foot from the ground and the others not more than eight inches apart ; (c) Or of barbed or common wire not less than live in number, the lower wire not more than one foot from the ground and the others not more than eight inches apart. No. 16 of 1891-2, s. 6; No. 38 of 1897, s. 56 (6). 6. Whenever the owner or occupant of any land erects a Liability of line or boundary fence the owner or occupier of the adjoining ownerslo land shall as soon as he incloses any portion of his land by aerectionind" cross fence connecting with the said line fence pay to the first pP^i'^o* mentioned owner or occupier a fair value of one-half of so much of the said line fence as forms one side of such inelosure and each of the owners or occupiers of adjoining lands shall make, keep up and repair a just proportion equal to one-half of the fence forming a boundary between them ; and any one of such persons failing to do so after one week's notice from his neighbour shall compensate such neighbour the value of the work done in making and repairing the same. No. 26 of 1891-2, s. 7. T. The owner of any domestic animal which breaks into or Trespassing enters upon any land inclosed by a lawful fence shall be liable jfiabimy^^ to compensate the owner of such land for any damage done by of owner such animal. No. 38 of 1897, s. 56 (7). 8. In case adjoining owners or occupiers of land disagree as Disagreement to what is a lawful fence or as to the just proportion of a line o^*^^*^°|^g» fence which each such owner or occupier should make or put Arbitration 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 interested disagree as to the amount of damages done by animals breaking into or entering upon any land inclosed by a lawful fence they shall each appoint an arbitrator to determine and settle the matter 767 4 Cap. 77 FENCES C. 0. 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 determin- ing 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 arbi- trators 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 differ- ence 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 pro- ceed 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, s. 56 (8). Exceptions as 9. Nothing in the preceding section shall be held to affect pound districts in any way the right of any person to seize or impound cattle in anjr herd or pound district under the provisions of any Ordinance authorising the seizing or impounding of cattle in any such district or to affect the demand or recovering of damages in the mode prescribed by any such Ordinance. No. 38 of 1897, s. 56 (8). 768 CHAPTER 78. An Ordinance respecting Stallions and Bulls. 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 Entire Anivials s\wvttit\^ Ordinance." No. 22 of 1897, s. 1. INTERPRETATION. 3. In this Ordinance unless the context otherwise requires — 1. The expression "department" means the department of Department agriculture ; 2. The expression "minister" means the member of the "Minister " Executive Council of the Territories to whom may be assigned from time to time the duty of administering the department of agriculture ; 3. The expression "justice " means any justice of the peace ; "justice" 4. The expression " owner " means anj' person owning any "Owner" stallion or bull dealt with under this Ordinance ; 5. The expression "captor" means any person seizing or"Captor" confining any stallion or bull under this Ordinance ; 6. The expression " run at large " or " running at large " "Running means without being under control of the owner either by '^'^ ^^^se being in direct and continuous charge of a herder or by con- finement within any building or other inclosure or fence whether the same be lawful or not. No. 22 of 1897, s. 2. 3. No stallion of one year old or upwards shall be permitted when to run at large in any part of the Territories at any time. No. Ihaii n"o1; run 22 of 1897, S. 3. at large 4. Except as hereinafter provided no bull nine months old wiien bulls or upwards shall be permitted to run at large in any part of It 'large ™° the Territories at any time. (2) The minister may by notice published in two consecutive Bulls may run issues of the official gazette declare that bulls may be permitted oertam^casea to run at large in any district described in such notice between the first day of July in any year and the thirty-first day of March in the following year both days inclusive. No. 22 of 1897, s. 4. 5. Except within the limits of any pound district or herd staiiion.-; district constituted under the provisions of any Ordinance of unlawfully the Territories any person who finds a stallion or bull running '"""'"^'^^ 49 7(39 Cap. 78 ENTIBE ANIMALS C. 0. large may be captured When owner ii unknown Advertising capture When animal may be sold Disposition of proceeds at large contrary to the provisions of this Ordinance may capture and confine such bull or stallion and promptly there- after shall notify the owner thereof if known to such captor ; 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 summar}' conviction thereof to a penalty not exceeding $20 together with the cost of prosecution and the fees for capturing and the keep of such stallion or bull as aforesaid which said fees shall be paid over on collection to the captor. No. 22 of 1897, s. 5. 6. When the owner of any stallion or bull captured and confined under the provisions of the lac-t 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 oflScial 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 bull in the official gazette as herein provided the captor may also cause a copy of the notice of detention to be inserted in three successive weekly issues of the newspaper published nearest to the neighbourhood in which the capture was made, and any expenditure not exceeding the sum of $1 made for such advertising shall be reimbursed to the captor by the 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. No. 22 of 1897, s. 6. 1. If at the end of twenty days from the first publication of the notice in the said gazette no owner be found for such stallion or bull or the payments herein provided have not been made to the captor, then upon application to a justice in form B in the schedule hereto verified under oath before the said justice, the said justice may after eight days' notice posted up in three conspicuous places in the neighbourhood of the place of capture (one of which shall be the post office nearest there- to) stating the time and place of sale, bell or cause the s-aid stallion or bull to be sold by public auction, and out of the proceeds of such sale shall first pay the expenses of sale and advertising and justice's fees and then the sum of $5 and costs of keeping to the captor and the balance to the minister. (2) The justice of the peace shall immediately after the sale send to the department a description of the animal or animals sold, the date of sale, the amount realised and the disposition thereof. No. 22 of 1897, s. 7 ; No. 33 of 1898, s. 1. 770 1898 ENTIRE ANIMALS Cap. 7N 3 8. Any money paid to the minister under the provisions of Proceeds the section next preceding shall be paid over to the owner of t^Saurer may the animal sold on evidence of ownership (satisfactory to the^'^P^'J^ minister or other officer appointed to examine into the same) being furnished and application therefor being made to the Lieutenant Governor within twelve months from the date of the sale ; otherwise such money shall form part of the general revenue fund. No. 22 of 1897, s. 8. 9. The justice to whom application is made for authority to Who may sell any stallion or bull which may be sold under the provisions ^''^ '^"^^^^ 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 authorise any person in writing to sell such animal ; and no liability shall be incurred by any person making such sale by reason of his not being in possession of a license to act as auctioneer imder the provisions of any Ordinance of the Territories. No. 22 of 1897, s. 9. 10. The justice or person authorised thereto selling any salesman ••< stallion or bull under the provisions of this Ordinance chall be *'"'■'' entitled to retain to his own use and benefit .$2.50 per centum commission upon the proceeds of such sale. No. 22 of 1897, s.lO. 1 1 . In any pound district or herd district established under stallions or the provisions of any Ordinance of the Territories no stallion J'^^po^^j^o^^ or bull shall be detained or sold in the manner provided in this •'srci districts Ordinance but (if captured) shall be taken by the captor to the nearest accessible pound there to be dealt with as it is provided cstrays may be dealt with. No. 22 of 1897, s. 11. 12. The owner of any .stallion or bull who after receiving Penalty for a notice signed by a justice of the peace that such stallion orau^^^ng bull is running at large contrary to the provisions of this Or- to*^run"a°^iarge dinance 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. No. 22 of 1897, s. 12. 13. Without in any way prejudicing the right which a Fees allowed justice may have to fees established by law in respect of any '° '^^*^'"^ proceedings in summary convictions under this Ordinance or under .section 9 of this' Ordinance a justice shall be entitled to the following fees for services performed by him under section 7 hereof : Preparing the application therein mentioned and adminis- tering oath, fifty cents. Preparing and posting the notices therein mentioned, $1. No. 22 of 1897, s. 13 ; No. 33 of 1898, s. 2. 49 J 771 Cap. 78 ENTUIE ANIMALS C. 0. SCHEDULE. FORM A. The undersigned ^ives 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 cf The Entire Animals Ordinance. The said (stallion or bull) is detained on the {description of quarter-section or other place vAere the OMimal is confined) and if not claimed in due course will be dealt with according to law. The capture was made at o'clock on day the day of 1 , and this notice was posted within hours thereafter. (Signature and post office address of captor.) FORM B. To A.B. Esquire 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 (bull or stallion as the case may he) running at large con- trary to 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 neighborhood of the capture and advertised such notice in three successive weekly issues of {naming the neiuspaper if an;/) and forwarded a copy of the notice to the Department of Agricul- ture at Regina for publication in the North- West Territories Gazette ; That the notice was published in the issue of the said gazette dated {date of first issue of gazette containing notice) ; That twenty days have elapsed without the said (stallion or bull) having been released by the payment to the applicant of the moneys he is entitled to be paid under the provisions of the said Ordinance ; That the applicant prays that the said (bull or stallion) may be sold. {Signature of captor). I {name of captor) the applicant above named make oath and say that the facts set forth in the above application are true in substance and fact. Sworn before me at this day of 1 A.B., J.P. T72 {Signature of captor). 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 : SHOET TITLE. 1 . This Ordinance may be cited as " The Pound District short title Ordinance." No. 21 of 1897, s. 1. INTEEPRETATION. 3. In this Ordinance unless the context otherwise requires — 1. The expression "department" means the department of " i>epartment' agriculture ; 2. The expression "minister" means the member of the "Minister ■ Executive Council to whom is assigned from time to time the duty of administering the department of agriculture ; 3. The expression "animal" means any horse, mule, jack, "Animal" sheep, goat, neat cattle, swine or goose ; 4. The expression "trespasser" means any animal which "Treepasser" breaks into any ground inclosed bj' a lawful fence ; -5. The expression "estray" means any animal running at"'Kstr»y" 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 anj' time running at large within the limits of any pound district ; 6. The expression "pound keeper" means the person for the "Pound time being in the authorised charge of any pound ; keeper 7. The expression " lawful fence " means any fence declared "Lawful to be lawful by any Ordinance ; 8. The expression "justice " means any justice of the peace ; -.justice" 9. The expresision " 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 seizing or-'captor" distraining any estray ; 12. The expression " distrainor" means any person seizing or ..Distrainor" distraining any trespasser ; 773 Cap. 79 poi:nd districts p. 0. " Running at large " " Pound district " 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. No. 21 of 1897, s. 2 ; No. 31. of 1898, ss. 2, 3, 4 ORGANISATION OF POUND DISTRICTS. wiiat districts ^' "^^^ Lieutenant Governor in Council may by Order made may be public by notice in the olBcial gazette constitute any part of and how the Territories not within the limits of a municipality or a village into a pound district. No. 34 of 1898, s. 5. 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 po.st- ed 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 addre.ssed 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 carr3'ing such notice is scheduled to reach the post office to whicji 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 thirtj- days from the posting of the notice the proposed district may be constituted as hereinbefore provided. No. 21 of 1897, s. 4. 5. The Lieutenant Governor in Council may by Order made public by notice in the official gazette vary or alter the bound- aries of or add to or take from any pound district existing hereunder or abolish or discontinue the same. No. 34 of 1898, 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 comprise any portion of such municipality or village shall be continued hereunder and the pound keepers appointed therefor shall continue to act under and subject to the provisions of this Ordinance, No. 34 of 1898, s. ."i. OPERATION OF ORDINANCE. Estraysnot t. No animal declared Under the provisions of this Ordin- 774 1898 POU.Ni) DISTRICTS (Jap. 79 3 ance to be an estray in any pound district shall be permitted to run 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 when bnUs the propiietors of land in any pound district constituted under tstrays" 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 application of the council of any municipality or Pound the overseer of any village on behalf of the residents of such fownsand village within the limits of which municipality or village a'^^i^iKea 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. No. 21 of 1897, s. 5; No. 34 of 1898, s. 6. 8. The proprietor of any land in any pound district maj' Estrays may capture any estray found within such pound district and drive''® impounded 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. No. 21 of 1897, s. 6. 9. No procedure under The Entire Animals Ort^iwa /tee shall staUiona and be taken with respect to stallions or bulls running at large ina^gtricts'"'"'"^ 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. No. 21 of 1897, s. 7. 10. The proprietor of any land surrounded by a lawful Trespassers fence, in a pound district, upon which land any animal isfm^oSnded founil 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 impound- ed 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 reasonable 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 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. No. 21 of 1897, s. 8 ; No. 34 of 1898, s. 7. 1 1. Any person acting as inspector, constable or overseer in any municipality or village or the appointee of any such per- 775 Cap. 79 POUND DISTRICTS C. 0. son may take any action or proceedings authorised by this Ordinance on behalf of any proprietor as if by him directed so to do. No 34 of 1898, s. 19. Animal to be placed in authorised pound Temporary impounding 1 3. Any proprietor who shall impound any animal in any pound or place not authorised by this Ordinance shall be guilty of an offence and upon summary conviction thereof before a justice of the peace be liable to a penalty not exceeding $20. (2) Any such proprietor upon whose property any animal is found trespassing may (if he know its owner) temporarily impound the same in any convenient place for a period not exceeding three days and shall within twenty-four hours after such impounding deliver to such owner a written memorandum in like manner as it is hereinbefore enacted shall be delivered to a pound keeper with any trespasser impounded in his pound ; and shall feed and maintain such animal while .so impounded : and may at the expiration of such time (if not sooner duly released) deliver it to the keeper of the nearest accessible pound : and such proprietor may make a charge for feeding and maintaining such animal and for sending notice not exceeding such as might by law be made by a pound keeper but shall not be entitled to anj' compensation for damage except for such as was done before the temporary impounding. No. 21 of 1897, s. 9. wiien trespass Ht, In every case where damage is done to the inclosed is committed i,r. • ivi.-ij.i ii.i.' in certain cas^ lands 01 any person in any pound district as the I'esult 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 con- sidered and treated as a trespasser within the meaning of this Ordinance although the said fence may not be a lawful fence. No. 21 of 1897, s. 10. Lawful (euces 14. In every case in which more proprietors than one hold ''"'''"■'^™''*'"'^ lands inclosed by a common outward lawful fence such lands shall for the purposes of this Ordinance be deemed as against all persons outside such general fence to be lawfully fenced but as against each other where no lawful fence stands be- tween them to be uninclosed lands. No. 21 of 1897, s. 11. Responsibility of persons in charge of animals doing damage 15. The person in charge of any animal within a pound district shall be liable for any damage caused by such animail under hi 3 charge as though such animal were his own property; 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. No. 21 of 1897, s. 12. 776 1898 POUND DISTRICTS Cap. 79 5 APPOINTMENT OF POUND KEEPERS. 16. In any pound district the minister may appoint one or au 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 ap-Pi-oviso pointed 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. No. 21 of 1897, s. 13. 11. Every appointment of a pound keeper made under the AUappoint- provisions of this Ordinance shall terminate on the thirty-first terminate on day of December in each year but all pound keepers so ap- JnnuSir'^ ^' pointed may at the expiry of each period of twelve months be eligible for reappointment. (2) Any pound iieeper wishing to resign his appointment Resignation may do so but no such resignation shall take efi'ect until ateepe" successor to such pound keeper is appointed. No. 21 of 1897, s. 14. 1 8. Every notice of the appointment or removal of any Publication pound keeper or thtj 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. No. 21 of 1897, s. 16. DUTIES OF POUND KEEPERS. 19. Every pound keeper shall keep a pound book in a form Book to be to be prescribed by the minister from time to time and shall pound keeper make all entries therein as soon after the doing of the several things required to be entered therein as pos.sible 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 re- quired to keep shall at all reasonable times be open to the in- spection 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 exceed- ing one hundred. (2) Every pound keeper shall en his removal from office or and handed on the acceptance of his resignation deliver such pound book f ^'®'" '" • suoceasor to the person who may be appointed to receive it. No. 21 of 1897, s. l7;No. 34of 1898, s. 9. 30. Every pound keeper shall at his own cost keep the Pounds to be 777 Cap. 79 POUND DI.STBICTS CO. kept clean 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 place.? for grazing^ or watering and everj' 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. No 21 of 1897, .s. 18. 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. No. 21 of 1897, s. 19. PAYMENT OF CHARGES ON IMPOUNDED ANIMALS. Charges to '^'^* All charges payable in respect of any impounded ani- pounllceepCT "^^^ 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. No. 21 of 1897, s. 20 (1\ Penalty for improper impounding Animals may be released before impounding 'iS. No charges or claim for damage done shall be payable to or recoverable by any person in respect of the trespass cf 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. No. 21 of 1897, s. 20(2); No. 34 of 1898, s. 10. 'i4. 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. No. 21 of 1897, s. 21. Pound keeper *^5' Every pound keeper shall receive and detain in his intoSs"''" custody any animal lodged in his pound until the damages for impounded whicli sucli 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. No. 21 of 1897 «. 22; No. 34 of 1898, s. 11. NOTICE OF IMPOUNDING. Notioes to be '^*' I^ ^he owner of any impounded animal is known to poulTdYeepcr *^'^® pound keeper, the pound keeper shall forthwith deliver at or post to the address of such owner a notice in form B in the schedule hereto. (2) In case such owner is not known or such owner or person notified shall not within three days after the posting or delivery 778 r « J 1898 POUNl) DISTRICTS Cap. 79 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. No. 21 of 1897, s. 23. 3Y. Every pound keeper shall without charge therefor in <^oRies of all 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 p™'"^ 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. No. 21 of 1897, s. 24. 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 animaismay in the official gazette as in section 26 hereof 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 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 SHch sale shall be held at the pound and shall commence at the hour of two o'clock in the afternoon and the Pound keeper pound keeper shall neither in person nor by his agent purchase "nterestln'saie any animal at such sale or have any interest of any kind in any animal so purchased. No. 21 of 1897, s. 25 ; No. 34 of 1898, s. 12. 39. If more than one animal is impounded on any distress wiun animals and the owner thereof is known the pound keeper shall not "'''''°°"''''°'^ sell any more of such animals after he has realised from the sales sufficient to satisfy the claims for damages, expenses and fees chargeable against the animals, and the owner of the animals shall be entitled to those remaining unsold. (2) If the owner of the animals is unknown the pound keeper shall sell all the animals impounded. (3) The pound keeper shall immediately after such sale send to the department a description of the animal or animals sold, the date of sale, the amount realised and the disposition there- of. No. 21 of 1897, s. 26 ; No. 34 of 1898, s. 13. 30. No pound keeper making a sale under the provisions of „" "d"n Vb'^""^ any Ordinance shall be liable to a penalty for selling without licensed as a license as an auctioneer. No. 21 of 1897, s. 27. PROCEEDS OF SALE, HOW DISPOSED OF. 31. The proceeds of the sale of any impounded animal sold Disposal ot under the provisions of this Ordinance shall be applicable in orslll'''' payment — (a) Of any costs and charges attending such sale ; (b) Of all sustenance fees ; 779 Cap. 79 POUND DISTRICTS CO. (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. No. 21 of 1897, s. 28. Owner'sciaim 3/J. Any money paid to the minister under the provisions to net proceeds q£ ^^^ gection 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. No. 21 of 1897, s. 29. COMPLAINTS OF OWNER. What action may be taken by owner How complaint siiall be formulated Hearing of complaint 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 re- lease such animal and shall retain such amount subject to the order of the justice as hereinafter provided. (2) Such complaint may be upon one of the following grounds — (a) That the impounding was illegal ; or (6) That the damages claimed are excessive ; or {(•) 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. No. 21 of 1897, s. 30. 34, Within ten days after giving the notice in the last pre- ceding section mentioned the owner may lodge his complaint as set forth in the notice with a justice ®f the peace who there- np^n 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 oider 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 {h) of subsection 2 of the last preceding section the amount of damages the im- 780 1898 POUND DISTEIGTS Cap. 79 i> 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 the proceedings and in default of such payment the animal im- pounded 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 damage 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 to- gether 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 hj 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. No. 21 of 1897, s. 31 ; No. 34 of 1898, s. 14. 35. Nothing in this Ordinance contained shall deprive the owner's owner of any animal impounded of any action, remedy or right™™^*^®)^^ that he may have at common law or otherwise by reason of the same being unlawfully seized, distrained or impounded: Provided always that if any action be brought against a proviso pound keeper for anything done by him under this Ordinance he may plead not guilty to such action ; and if on the trial of such action it is made to appear that the said pound keeper on demand being made on him therefor gave to the plaintiff or his agent the name of the person who drove the animal to the pound and that he in all respects acted within his duties and powers as such pound keeper judgment shall then be given for him with costs. No. 21 of 1897, s. 32 ; No. 34 of 1898, s. 15. 36. Nothing herein contained shall prevent the owner of Damages may any lands trespa.ssed upon or of any property destroyed from ^^t?^^'^®'^'"' waivine the risfhts created by this Ordinance and bringing his competent , . P ° , , '' , ■ n i ° court action in any cumpetent court in consequence oi any trespass. No. 21 of 1897, s. 33. OFFENCES AND PENALTIES THEREFOR. 31. If any pound keeper— SSl?o'' 1. Impounds or assists or incites or employs any person to impounding 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 liy a lawful fence ; 781 10 Cap. 79 POUND DISTllICTS G. 0. Purchasing impoundod animals Making unauthorised charges Xot paying over moneys Neglecting to care for impounded animals Milking cows Not keeping books Impounding healthy with diseased animals Not giving proper notice Causing damage by neglect 2. Purchases in person or by his agent or has any interest of any kind in any animal sold by auction at a pound of which he is at the time of such sale the pound keeper ; 3. Demands or receives any sum for pound notices, susten- ance and other fees and charges not authorised by this Ordin- ance ; 4. Fails to pay over any money' held by him under the 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 anj' penaltj' 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 in- fectious 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 bj^ 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 penaltv not exceeding $100. No. 21 of 1897, s. 34 ; No. 34 of 1898, "ss. 16, 17. Burden of 38. When any pound keeper is charged with neelectiner to proof that -i , c ■ i-- iiii^i i°n animals are provide Sustenance tor any animal impounded the burden of pounVkeeper Proving that proper sustenance was provided for such animal shall be on such pound keeper and when any pound keeper is charged with losing any impounded animal through negligence if it be proved that such animal was impounded in the custody of such pound keeper such animal shall be deemed to have been lost through his negligence unless such pound keeper shall prove the contrary. No. 21 of 1897, s. 35. Penalties Rescuing impounded animal Destruction of pound Illegal impounding Causing animal to trespass 30. 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 f 100 : 1. Rescues or attempts to rescue or interferes with any animal impounded or seized for the purpose of beino' im- pounded ; 2. Destroys or injures or attempts to destroy or injure any pound ; 3. Illegally impounds anj animal ; 4. Leaves open any gate or lets down any bars or makes a gap in any fence for the purpose of permitting any animal to trespass or otherwise causes any animal to trespass No 21 of 1897, s. 86. 782 1S98 POUND DISTRICTS Cap. 7!) 11 FEES. 40. The following and no other shall be the fees authorised Authorised hy 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 property injured by any animal or the proprietor capturing ^"^^"^,5"™'^' 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 stallion or buii age of nine months and upwards a fee of $5 ; 3. To such proprietor for any damage done by any animal Damages an amount not to exceed that mentioned in the statement of claim delivered to the owner or pound keeper with the animal when impounded ; 4. To such proprietor for notifying the owner or for every giving notice day any animal is lawfully detained before being placed in°gJ|°'Qj. pound such fees for making such notification and for the sus- impounding 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 ance of each animal for each day such animal is impounded a-s °* J™Pj°'^"'^®'1 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, goat or goose five cents ; 6. To the pound keeper for notifying owner of animal im- Notice to pounded ten certs. owner 7. To the pound keeper for forwarding notification to de- Notice to partment for insertion in the oflacia! gazette ten cents ; department 8. To the pound keeper for posting notices of animals im- j^oypggpogjg^ pounded each such notice to include all animals impounded at^" district one distress or seizure $1 and the actual cost of newspaper Advertising advertising not to exceed $1 when incurred ; 9. To the pound keeper for posting notices of sale each such Notices o( sale notice to include all animals impounded . at one distress or seizure $1 ; 10. To the pound keeper for each mile necessarily travelled Mileage in the performance of his duty ten cents ; 11. To the pound keeper for selling impounded animals and g^ie charges applying the proceeds as directed by this Ordinance $2.50 per centum commission upon the amount realised on the sale. No. 21 of 1897, s. 37 ; No. 34 of 1898, s. 18. 783 12 Cap. 79 POUND DISTRICTS SCHEDULE. 0. 0. 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 (lure describe the district proposed to he constituted as a pound dis- trict) hereby record our objection to the provisions of the said Ordinance being enforced within the said District : NAME LAND OWNED OR OCCUPIED. Quarter Section T'wnship Kange West Meridian I, A.B., of {post offi.ce address) do solemnly declare : 1. That the total number of persons in the area described in the foregoing statement of objection being holders or occupiers of land under whatever tenure, or superintendents, overseers or other duly authorised persons acting for or on behalf of such holders or occupiers is {here insert the total number of pro- prietors in the proposed pound district as defined by dause 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 state- ment) persons signing the statement is qualified to do so by virtue of being the holder or occupier of land under whatever tenure, or a superintendent, overseer or other duly authorised person acting for or on behalf of such holder or occupier of land within the proposed pound district; 4. That each person signing the said statement before so doing was cognisant of the contents thereof ; And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of 2'he Canada Evidence Act 1893. {Signature of person making declaration.) Declared before me \ at ( this day ( of 1 ) (Signature of person adm.ijiistering declaration). 1898 POUND DISTRICTS Cap. 79 13 FORM B. To (name of o^vner or DejXirtment of Agriculture as the case may be.) Notice is hereby given under section 26 of The Pound Dis- trict Ordinance that (description of animal im,pounded) was impounded in the pound kept by the undersigned on the (des- cription of quarter section or other place where pound is located) on day the day of 1 (Signature of pound keeper.) 50 785 CHAPTER 80. An Ordinance respecting Estray Animals. 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 !• This Ordinance may be cited as "The Stray Animals Ordinance." No. 20 of 1897, s. 1. INTERPRETATION. 3. In this Ordinance unless the context otherwise requires — "Department" 1- The expression "department" means the department of agriculture ; "Minister" 2. The expression "minister" means the member of the Ex- ecutive 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 ; 5. 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 peuce ; 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 be- ing 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. No. 20 of 1897, s. 2. "Cattle" "Horses" "Sheep" Animal " "Estray" ".Tustice" " Owner" "Finder" "Running at large " PROCEDURE. Where owner is known 3. Any person who finds he has on his premises or in his band, herd or flock any estray animal (other than a stallion or bull) the owner of which is known to him, which cannot be driven away from such premises, band, herd or flock shall at 7.S0 1S98 STRAY ANIMALS Cfq). SO 2 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. No. 20 of 1897, s. 3. 4. 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 ororwh^e"^" bull) the owner of which is unknown to him, which cannot be °^j"^®g^^°|| driven away from such premises, band, herd or flock, or any animal such animal the owner of which is known to him which is not removed from the said premises, band herd or flock within ten days after such owner has been notified as provided in the section next preceding, shall at once forward to the department Notice to 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 oflice 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 insertions in the official gazette and a copy of each issue containing such notice shall be for- warded 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 ex- penditure having been made. No. 20 of 1897, s. 4. 5. The owner of any such estraj^ animal shall be entitled to Owner may recover the same from any person in whose possession it may on'tenler"™'*' be upon tender of the amount of the expenses incurred up to °* expenses 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 what this Ordinance for the keep of such animal and the amount afiowf '^"^'^ expended in advertising the same, and no other ; and if it is made to appear in any proceedings taken for the recovery of any such estray animal that tender was made to the finder by or on behalf of the owner of the animal of the amount of the expenses to which 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. No. 20 of 1897, s. 5. 6. In case the owner of such animal and the finder are un- settlement of able to agree as to the amount of .such expenses they shall cxpeJisT/"*" forthwith proceed in the following manner : both parties at any time within three days shall appear before the neare.st accessible justice to the place where the animal was found or 501 787 Cap. SO STRAY ANIMALS CO. Justice's fee for settlement of disputes Penalty for default of payment of expenses Report to department 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. (2) Such justice shall be entitled to a fee of $1 for determin- ing such expenses which shall be paid by the party against whose contention the justice determines. (3) In default of the payment of the expenses so determined and the justice's fee 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 authorised by him in writing to sell such animal and 5uch justice out of the proceeds of such sale shall first pay the expenses of sale and advertising and justice's fees and then the costs of keeping (if any are allowed) to the finder and the balance to the owner (if known), otherwise to the minister. (4) The justice of the peace shall immediately after the sale send to the department a description of the animal or animals sold, the date of sale, the amount realised and the disposition thereof. No. 20 of 1897, s. 6 ; No. 35 of 1898, s. 1. Payment of proceeds T. 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 other- wise such money shall form part of the general revenue fund. No. 20 of 1897, s, 7. When animal may be .sold 8. If such estray animal is not claimed within six months after the date of the first publication of the notice provided for in section 4 of this Ordinance the finder at any time thereafter may make application to a justice in form A in the schedule hereto verified under oath before the said justice and the said justice may proceed to sell the animal and deal with the pro- ceeds in the manner provided in subsection 3 of section 6 of this Ordinance. No. 20 of 1897, s. 8 ; No. 35 of 1898, s. 2. Procedure at sale 9, At the time and place appointed foi- the sale of any estray animal the finder shall attend with such animal and shall with the animal present a statement of the fees for keeping and expenses incurred in connection with such animal to the justice or other person authorised by the justice to offer the animal for sale. No. 20 of 1897, s. 9. .Vuthorised fees FEES. 10. The following and no other shall be the fees and ex- penses authorised in respect of estray animals sold under the provisions of this Ordinance : 7S.S 1898 STRAY AMMALS Cap. 80 To the tinder. For the care and sustenance of every head of cattle during the months of November, December, January, February, March and April not exceeding five cents per diem ; For every head of swine not exceeding ten cents per diem for their support ; For every goat, goose or sheep not exceeding five cents per diem ; For cost of advertising in a newsi:)aper if expenditure has been incurred i^l. To the Justice. For preparing and posting notices of sale $1 ; For preparing the application and administering oath ?1. To the Salesman. For selling any animal $2.50 per ceiitum commission on the amount realised by such sale : Provided always that no costs for keep shall be allowed against any animal prior to the date of the notice given to the owner or in the official gazette or after the last day of April in any year. No. 20 of 1897, s. 10. OFFENCE.S AND PENALTIES. I 1. If any person commit any of the next following ofifences Penalty he shall on summary conviction thereof before a justice of the peace be liable to a penalty not exceeding $100 : 1. Takes, rides or drives off any horse or head of cattle be- oifenoes longing to another without the owner's consent ; 2. When taking his own animal from pasture, without the owner's consent takes or drives off the animal of any other person grazing with his own ; 3. Causes or allows any horse or head of cattle belonging to another party (without consent of such party) to be driven with his band or herd more than five miles from its grazing place : Provided that if the owner of any animal in taking it from pasture finds it necessary to drive other animals a greater dis- tance than five miles before he can .separate his own animal from among them, he shall not be liable to the penalties im- posed by this section if he at once drives back such animals to the place from which be drove them ; 4. Demands or receives any sum for keep of any animals or any fee or charge not authoi-ised 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 ; 789 5 Cap. fiO STRAY ANIMALS C. 0. 6. Rescues, incites or attempts to rescue -duy animal without payment of the fees due for keep a,nd other expenses incurred by the finder on account of such animal ; 7. Rides, drives or otherwise works or uses for his own plea- sure or benefit any estray 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 agent or has any interest of any kind in any animal sold under the pro- visions of this Ordinance. No. 20 of 1897, s. 11. I 'Z, 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. No. 20 of 1897, s. n. No rights 13. Nothing in this Ordinance relating to estray animals impairec shall impair the rights, powers or procedure given under any Ordinance respecting the seizure, driving, impounding or sell- ing animals running at large or doing damage. No. 20 of 1897, s. 12. 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 a.s the case may he) ; That he is unable to drive such animal away fi'om his prem- ises {or band, herd or flock us the case may he) ; That he has given the notices required by The Stray Aiiivi- ids Ordinance ; That the notice was published in the issue of the official gazette dated {da.te of first issue of fjazefte containing notice) : That six months have elapsed without the said animal hav- ing been released by the payment to the applicant of the moneys he i^ entitled to be paid under the provi.sions of the said Ordinance : 790 1898 STRAY ANIMALS Cap. 80 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 {uaruc 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 f this day i of 1 ) A.B., J.R 791 CHAPTER 81. An Ordinance respecting the Herding of Animals. 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 Herd Ordinance." No. 19 of 1897, s. 1. INTERPRETATION. ■' Department' "Minister ' " Anininl ' " Trespasser ' "Pound Iseeper" "Justice" "Proprietor"' "Owner" "Distrainor' "Running at large " "Herd district ' 'i. 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 Exe- cutive 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, or swine; 4. The expression " trespasser " means anj animal doing damage in the herd district in the manner mentioned in section 6 of this Ordinance ; 5. The expression " pound keeper " means the person for the time being in the authorised charge of any pound ; 6. The expression "justice" means any justice of the peace ; 7. The expression "proprietor" means the owner of any cul- tivated 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 such 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 s«'izing 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 and continuous charge of a herder or by confinement within any building or other en- closure or a fence whether the same be lawful or not ; 11. The expression "herd district" means the portion or portions of the Territories to whith 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. No. 19 of 1897, s. 2 ; No. 36 of 1S9S, ss. 2, 3. 792 189S HERDING OF ANIMALS Cap. 81 2 ORGANISATION 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- m-ganised visions of section 6 of this Ordinance shall apply to any part ^"'^ ^°^' of the provisional district of Assiniboia lying to the east of range 17 west of the third meridian in the Dominion Lands system of 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 Oixler made public in like manner may enlarge such district by adding thereto any adjoin- ing area or may cancel the Order or Orders constituting such district or any part of such district. No. 19 of 1897, 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 m ^'S"®" 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 re- commendation. (2) Such notice shall be addressed to the post master at such How- post office inclosed 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 made" ^"^ 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. No. 19 of 1897, 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 Ofdmance^^^ 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 sec- tion 6 in the manner hereinbefore provided. No. 19 of 1897, s. 5. 6. Any proprietor maj' distrain any animal in the herd dis- Actions for the trict within any period in M'hich this section is in force inf°i2fa°iSay'' such district which is doing damage upon his cultivated land '^e impounded 793 Gap. 81 HEKDING OF A^'(MALS 0.0. 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 dis- trainor 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 re- sponsible for the feed and safe keeping thereof so long as he is legally bound to hold the same and such pound keeper is em- powered to collect the amount of the damage caused by and all the charges for the keeping and other incidental expenses connected with such animal before delivering up the same to the owner ; and it shall be the duty of the distrainor to leave with the pound keeper a statement in writing describing the animal distrained, the name of the owner (if known), the place where such distraint was made, the extent of the damage and the amount of the claim therefor and of his reasonable charges incurred in driving such animal to and delivering the same to the pound keeper. No. 19 of 1897, s. 6 ; No. 36 of 1898, s. 4. stallions or bulls in herd district Proviso Animal to be placed in authorised pound Temporarily impounded 1. No procedure under The Entire Animals Ordinance shall be taken with respect to stallions or bulls in any herd district, but if the proprietor of anj' land in anj herd district captures any stallion or bull running at large within such herd district he shall drive such stallion or bull to and deliver the same at the nearest accessible pound in the said herd district whether the owner of such stallion or bull be known to the captor or not ; and such stallion or bull shall be dealt with in every way as a trespasser may be dealt with under this Or- dinance : Provided that the owner of any stallion or bull, who after receiving a notice signed by a justice of the peace that such stallion or bull is running at large contrary to the provisions of this Ordinance and requiring such owner to capture and confine the same neglects or refuses within forty-eight hours to comply with such notice, shall be guilty of an offence and liable on summary conviction thereof before a justice of the peace to a penalty of $5 for every day after the expiration of the time mentioned in said notice the stallion or bull is at large. No. 19 of 1897, s. 7. 8. Any proprietor w^ho shall impound any animal in any pound or place not authorised by this Ordinance shall be guilty of an offence and upon summary conviction thereof before a justice of the peace be liable to a penalty not exceeding $20. (2) Any such proprietor upon whose property any animal is found trespassing may (if he know its owner) temporarily im- pound the same in any convenient place for a period not ex- ceeding three days and shall within twenty-four hours after such impounding deliver to such owner a written memorandum in like manner as it is hereinbefore enacted shall be delivered to a pound keeper with any trespasser impounded in his pound: and shall feed and maintain such animal so impounded ; and may at the expiration of such time (if not sooner duly released) deliver it to the keeper of the nearest accessible pound ; and 794 1898 HERDING OF ANIMALS Cap. 81 4 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 en- titled to any compensation for damage except for such as was done before the temporary impounding. No. 19 of 1897, s. 8. APPOINTMENT OF POUND KEEPERS. 0. In any herd district the minister may appoint one or more Pound pound keepers therefor and notice of every such appointment appofnted by shall be published in the official gazette, describing the name ™« '"'"i'^ter and post office address of such pound keeper and the location of the pound : Provided that all pounds established or pound keepers ap- proviso pointed 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. ISo. 19 of 1897, s. 9. 10. Every appointment of a pound keeper made under the ah appoint- provisions of this Ordinance shall terminate on the thirty-first ^r^'^ate on day of December in each year but all pound keepers so appoint- ^nnuSfv'^^^ ed may at the expiry of each period of twelve months be eli- gible for reappointment. (2) Any pound keeper wishing tfc resign his appointment Resignation o( may do so but no such resignation shall take effect until a sug. poundkeeper cessor to such pound keeper is appointed. No. 19 of 1897, s. 10. 11. Every notice of the appointment or removal of any Publication pound keeper or the establishment or abolition of any pound °' "ot'ces 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. No. 19 of 1897, s. 12. DUTIES OF POUND KEEPERS. 13. Every pound keeper shall keep a pound book in a form Book to be to be prescribed by the minister from time to time and shall poSnd 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 re- quired to keep shall at all reasonable times be open to the in- spection of any justice or member of the North- West Mounted Police force free of charge and of any other person upon pay- ment of the sum of ten cents ; and every such pound keeper .'hall grant extracts from his pound book to any person re- quiring 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. 795 Cap. 81 HERDING OF ANIMALS CO. and handed over to successor (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. No. 19 of 1897, s. 13 ; No. 36 of 1898, s. 6. 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 responsi- ble to the owner of any impounded animal for every loss or damage occasioned by any act of himself or his agent. No. 1 9 of 1897, s. 14. 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. No. 19 of 1897, s. 15. PAYMENT OF CHARGES ON IMPOUNDED ANIMALS. Charges to ^^' ^^^ charges payable in respect of any impounded animal be payable to 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. No. 19 of 1897, s. 16 (1). Penalty for improper impounding IC No charges or claim for damage done shall be payable to or recoverable by any person in respect of the trespass of or damage done by any animal who .shall impound or detain such animal for upwards of three days in any place not being a pound within the meaning of this Ordinance. No. 19 of 1897, s. 16 (2); No. 36 of 1898, s. 7. Animal may be released before impounding IT. 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 Las been actually impounded the charges for which such animal has then become liable under this Ordinance, the person having charge of such animal shall forthwith deliver up the same to the owner or the person tendering the said charges on his be- half. No. 19 of 1897, s. 17. Pound keeper to detain all animals impounded 18. Every pound keeper shall receive and detain in his custod}- any animal lodged in his pound until the damages for which such animal was impounded and all lawful fees and charges shall be paid or until he shall receive notice of the de- cision of the justice as hereinafter provided. No. 19 of 1897, s. 18 ; No. 36 of 1898, s. 8. NOTICE OF IMPOUNDING. Notices to be 19. If the owner of any impounded animal is known to the pound deeper pound keeper the pound keeper shall forthwith deliver at 796 or 1898 HEKDING OF ANIMALS Cap. 81 G 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 de- livery 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. No. 19 of 1S97, s. 19. 30. Every pound keeper shall without charge therefor in Cotjies of all addition to any copies of any notice which he may he required poSefat^^ under this Ordinance to post or deliver, post a copy of every p"™"^ 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. No. 1 9 of 1897, s. 20. SALE OF IMPOUNDED ANIMALS. 31. When any animal sha,]l not have been released from the When pound within twenty days after the notice has been inserted ™Snafa may in the official gazette as in section 19 mentioned the said animal ^^ ^°^^ shall be sold by public auction after notice of such sale shall have been posted for eight days in three conspicuous places within the herd district (one of which shall be the post office nearest the pound) ; and at such sale the pound keeper shall be the auctioneer and such sale shall be held at the pound and shall commence at the hour of two o'clock in the afternoon and the pound keeper shall neither in person nor by his agent pur- p^^JJJ^j^^p®'' chase any animal at such sale or have any interest of any kind interest in sale in any animal so purchased. No. 19 of 1897, s. 21. 33. If more than one animal is impounded on any distress when animals and the owner thereof is known the pound keeper shall not '"^'■"''t^esoid sell any more of such animals after he has realised from the sales sufficient to satisfy the claims for damages, expenses and fees chargeable against the animals and the owner of the animals shall be entitled to those remaining unsold. (2) If the owner of the animals is unknown the pound keeper shall sell all the animals impounded. (3) The pound keeper shall immediately after such sale send to the department a description of the animal or animals sold, the date of sale, the amount realised and the disposition there- of. No. 19 of 1897, s. 22 ; No. 36 of 1898, s. 9. 33. No pound keeper making a sale under the provisions of Pound keeper any Ordinance shall be liable to a penalty for selling without ucensed^'s^ a license as an auctioneer. No. 19 of 1897, s. 23. auctioneer PROCEEDS OF SALE, HOW DISPOSED OF. 34. The proceeds of the sale of any impounded animal sold Disposal of under the provisions of this Ordinance shall be applicable m^aie"^^'*^"' payment — 797 Cap. 81 HERDING OF ANIMALS C. 0. (d) Of any costs and chai'ges attending such sale; (h) 0£ 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 en- titled thereto) to the minister. No. 19 of 1897, ,8. 24. Owner's claim 35. Any money paid to the minister under the provisions of to net proceeds ^jjg 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 furnish- ed and application therefor being made to the Lieutenant Gov- ernor within twelve months from the date of the sale ; other- wise such money shall form part of the general revenue fund. No. 19 of 1897, s. 25. COMPLAINTS OF OWNER. What action may be taken by owner How complaint »hall be formulated 36. The owner of any impounded animal may give notice in writing to the pound keeper that he intends to complain to a justice against the person impounding such animal ; and upon receipt of such notice and on deposit with the pound keeper of the amount claimed for damages together with the pound and other authorised fees and charges the pound keeper shall re- lease such animal and shall retain such amount subject to the order of the justice as hereinafter provided. (2) Such complaint may be upon one of the following grounds : (a) That the impounding was illegal ; or (6) That the damages claimed are excessive ; or (r) 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 ha.s not been given. No. 19 of 1897, s. 26. Hearing of complaint 31. Within ten days after giving the notice in the last pre- ceding section mentioned the owner may lodge his complaint as set forth in the notice with a justice of the peace who there- upon shall institute the like proceedings as are authorised under part LVIII of The Crimiv/d 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 798 1898 HEEDING OF ANIMALS Cap. 81 H 2. Finds on a complaint laid as in clause (h) 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 proceedings to be paid to the owner by the pound keeper out of the money paid in by the owner ; and if no money has been paid in by the owner the justice shall order the payment forthwith of the amount of the dairiages so fixed less the costs of the proceedings and in default of such payment the animal impounded shall be sold and the proceeds applied as directed by this Ordinance; or 3. Adjudges that the animal impounded was legally im- pounded or that the amount of the damage sustained was not less than the amount claimed then the justice shall make an order for the payment forthwith of the amount claimed by the impounder and all pound and other authorised fees together with the costs of the proceedings ; and in default of such pay- ment the animal impounded shall be sold and the proceeds ap- plied as directed by this Ordinance ; or 4. Finds on a complaint laid as in clause (c) of subsection 2 of the last preceding section that the animal was legally im- pounded but that the damages sustained by the impounder were less than claimed the justice shall make an order as directed by paragraph 2 of this section but shall not allow costs to either party and proceedings shall be taken on any such order as provided bv such paragraph. No. 19 of 1897, s. 27 ; No. 36 of 1898, s. lO"! 38. Nothing in this Ordinance contained shall deprive the owner's owner of any animal impounded of any action, remedy or right co™^on^ja\y that he may have at common law or otherwise by reason of the same being unlawfully seized, distrained or impounded : Provided always that if any action be brought against a proviso pound keeper for anything done by him under this Ordinance he may plead not guilty to such action ; and if on the trial of such action it is made to appear that the said pound keeper on demand being made on him therefor gave to the plaintiff or his agent the name of the person who drove the animal to the pound and that he in all respects acted within his duties and powers as such pound keeper iudgment shall then be given for him with costs. No. 19 of 1897, s. 28 ; No. 36 of 1898, s. 11. 39. Nothing herein contained shall prevent the owner of Damages may any lands trespassed upon or of anj- property desti-oyed from aotion^iS"^ ^^ waiving the rights created by this Ordinance and bringing his competent action in any competent court in consequence of any trespass. No. 19 of 1897, s. 29. OFFENCES AND PENALTIES THEREFOR. Penalties „^ „ pound keepers .iO. It any pound keeper — areiiaWeto ]. Impounds or assists or incites or employs any person to impounding impound any animal in any district unless such animal was doing damage on the pound keeper's own property as described in section 6 of this Ordinance ; 799 Cap. 81 HERDING OF ANIMALS CO. Puvoha8ing 2. Purchases in person or by his agent or has any interest of aniiiiais " any kind in any animal sold by auction at a pound ef which he is at the time of such sale the pound keeper ; Making 3. Demands or receives any sum for pound notices, susten- oharges""*"^ aice and other fees and charges not authorised by this Ordin- ance ; Not paying 4. Fails to pay over any money held by him under the "^''^ provisions of this Ordinance for any person after payment of the same has been demanded by or on behalf of such person; 5. Neglects to provide food and water for any animal or works or uses the same in any manner while so impounded : Provided that no pound keeper shall be liable for any pen- alty 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 aifected with any contagious or infec- tious 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 SlOO. No. 19 of 1897, s. 30 ; No. 36 of 1898, ss. 12, 13. Neglecting to care for impounded animals Milking cows Not keeping books Impounding healthy with diseased animals Not giving proper notice Causing damage by neglect ^rooflhat ^^' ^^^^ ^^7 poim^ keeper is charged with neglecting to animals are provide Sustenance for any animal impounded the burden of pound keepCT proving that proper sustenance was provided for such animal shall be on such pound keeper, and when any pound keeper is charged with losing any impounded animal through negligence if it be proved that such animal was impounded in the custod}^ of such pound keeper such animal shall be deemed to have been lost through his negligence unless such pound keeper shall prove the contrary. No. 19 of 1897, s. 31. Penalties Rescuing impounded animal Destruction of pound Illegal impounding Causing animal to trespass 33. If any person commit any of the next following offen- ces he shall on summary conviction thereof before a justice of the peace be liable to a penalty not exceeding $100 : 1. Rescues or attempts to rescue or interferes with any ani- mal impounded or seized for the purpose of being impounded ; 2. Destroys or injures or attempts to destroy or injure anv pound ; 3. Illegally impounds any animal ; 4. Drives any animal upon any cultivated land or to any stack of grain or hay or upon any slough growine hav No 19 of 1897, s. 32. ^ ^' 800 1898 HEEDING OF ANIMALS Cap. 81 10 FEES. 33. The following and no other shall be the fees authorised Authorised by this Ordinance in connection with animals impounded with-'®""* in any herd district : 1 . To the proprietor of any land trespassed upon or other Expenses property injured by any animal or the proprietor capturing i'Sniai't"** any estray, for driving and delivering such animal to the pound po^""! 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 thebuu^"" "^ age of nine months and upwards, a fee of $5. 3. To such proprietor for any damage done by any animal Damages an amount not to exceed that mentioned in the statement of claim delivered to the owner or pound keeper with the animal when impounded ; 4. To such proprietor for notifying the owner or for every Giving notice day any animal is lawfully detained before being placed in temporary pound, such fees for making such notification and for the aus- i™po""ding 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 sustenance Sustenance of of each animal for each day such animal is impounded as fol- ara^afs " lows : 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- Notice to pounded, ten cents ; °'""®'' 7. To the pound keeper for forwarding notification to de- Notice to partment for insertion in the official gazette, ten cents ; epartment 8. To the pound keeper for posting notices of animals im- Notices posted pounded, each such notice to include all animals impounded at ™ "^'^'""t one distress or seizure, $1 ; and the actual cost of newspaper Advertising advertising, not to exceed $1, when incurred; 9. To the pound keeper for posting notices of sale, each such Notices of sale notice to include all animals impounded at one distress or seizure, $1 ; 10. To the pound keeper for each mile necessarily travelled Mileage in the performance of his duties, ten cents ; 11. To the pound keeper for selling impounded animals and Saie charges applying the proceeds as directed by this Ordinance, $2.50 per centum commission upon the amount realised on the sale. No. 19 of 1897, s, 33 ; No. 36 of 1898, s. 14 51 801 11 Cap. 81 HERDING OF ANIMALS SCHEDULE. C. 0, FORM A. To the Lieutenant Governor in Council — We, the undersigjned, 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 The Herd Ordinance being enforced within the said District : NAME. LAND OWNED OR OCCUPIED. Quarter Section T'wnship Ran e 'i^^^^ ° j Meridian I, A. B., of (post office address) do solemnly declare : 1. That the total number of persons in the area described in the foregoing statement of objection being holders or occupiers of land under whatever tenure or superintendents, overseers or other duly authorised persons acting for or on behalf of such holders or occupiers, is (here insert the toted narnber of persons residing in the ijroposed Herd District kvcI owning or occupy- ing land therein) ; 2. That I was personally present and did see each of the (number of persons signing the statement) persons whose names are subscribed thereto sign the said statement ; 3. That each of the (number of persons signing the state- ment) persons, signing the statement is qualiiied to do so b}' virtue of being the holder or occupier of land under whatever tenure or a superintendent, overseer or other duly authorised person acting for or on behalf of such holder or occupier of land within the proposed herd district ; 4. That each person signing the said statement before so doing was cognisant of the contents thereof ; And I make this solemn declaration conscientiously believing it to be true and knowing it to be of the same force and effect as if made under oath and by virtue of The Canada Eci- dence Act 1893. (Signature of person making declaration.) Declared before me " at this day of 1 (Signature of person administering declaration.) 802 1898 HERDING OF ANIMALS Cap. 81 12 FORM B. To {name oj oivner or Department of Agriculture, as the case may le.) Notice is hereby given under section 19 of The Herd Ordi- nance that (description of animal impounded) was impound- ed 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.) ,51| 803 CHAPTER 82. An Ordinance for the Protection of Sheep and other Animals from Dogs. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : When dog may be killed 1. Any person may kill any dog in the act of pursuing, worrying or destroying cattle, horses, sheep, pigs or poultry elsewhere than on the inclosed laud occupied by the owner of such dog. R.O. c. 16, s. 1 ; No. 38 of 1897, s. 42. Proceedings against owner of vicious 3. On complaint made on oath before a justice of the peace dog'^that any person owns or has in his possession a dog which has 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 evidence of one credible witness other than the complainant, of having such dog in his possession, the justice of the peace may make an order for the killing of such dog within three days and in default thereof may in his discretion impose a fine upon such person not exceeding $20 with costs. R.O. c. 16, s. 2 ; No. 37 of 1898. Action for damages not barred Proof of knowledge of owner unnecessarv 3. No order or conviction under this Ordinance shall- bar any action by the owner or possessor as aforesaid for the recovery of damages in respect of the subject matter for which such conviction is had. R.O. c. 16, s. 3. 4. It shall not be necessary for the plaintiif in any action for injuries done bj^ a dog as aforesaid to prove that the defendant was aware of the propensity of the same to pursue and injure animals nor shall the liability of the owner or possessor as aforesaid of any dog for any injury done by such dog depend upon his previous knowledge of the propensity of the same to injure animals. R.O. c. 16, s. 4. 804 CHAPTER 83. All Ordinance respecting Stock Injui^ed by Railway Trains. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : 1. In the event of any stock being killed or injured by any Notices to railway train the conductor or other person in charge of the stock kfued^"" said train shall forthwith notify the nearest station agent of °^' *''-'"™'' the railroad company upon whose line of railway the accident has occurred and tlie 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. No. 18 of 1895, s. 1 ; No. 38 of 1897, s. 43 (1). H. The agent shall in all cases forthwith post in a public Notice to place and manner in the station house a notice giving a full " p°^''^'1 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. No. 18 of 1895, s. 1 (a) ; No. 38 of 1897, s. 43 (2). 3. Any person infringing any of the provisions of this Or- penalty dinance shall be liable on summary conviction thereof to a penalty of not more than $50. No. 18 of 1895, s. 2. 805 CHAPTER 84. An Ordinance respecting Noxious Weeds. riWE Lieutenant Governor by and with the advice and con- J_ sent of the Legislative Assembly of the Territories enacts as follows : SHORT TITLE. Short title 1 • This Ordinance may be cited as " The Noxious Weeds Ordinance." No. 25 of 1897, s. 7. INTERPRETATION. iiiterpretatiun 3. When used in this Ordinance the expression " noxious weed " shall mean hedge mustard, hare's ear mustard, black mustard, common mustard, any other variety of mustard and ragweed, tumble weed, red root, Canada thistle, Russian thistle, wild oats and French weed. No. 17 of 1896, s. 1 ; No. 25 of 1897, s. 1. WEED INSPECTORS. Weed ^* f^oi" ^^6 purpose of Carrying out the provisions of this inspectors Ordinance the commissioner of agriculture may appoint one or more weed inspectors, fix their remuneration and define their duties. No. 25 of 1897, s. 2 ; No. 40 of 1898, s. 6. DESTRUCTION OF NOXIOUS WEEDS. Weeds to bo 4. It shall be the duty of the owner of any land to cut down cut down Qj, destroy all noxious weeds growing on his land so often in each and every year as is sufficient to prevent the ripening of their seed. No. 17 of 1896, s. 3 ; No. 25 of 1897, s. 3. Inspector to ^' ^^ shall be the duty of the inspector to give or cause to give notice Ije given uotice in writing to the owner or occupant of any requiring i j i, • ^ j • j • j j owner to land whereon any noxious weeds are growing and in danger of destroy weeds goJQg ^q seed (and in case of property of a railway company the notice shall be given to the nearest railway section fore- man of the company) requiring him to cause the same to be cut down or destroyed within not more than five days from the service of the notice and such notice shall be given by such in- spector when and so often as may be necessary to prevent the ripening of the seed of any such noxious weeds. No. 17 of 1896, s. 4 ; No. 25 of 1897, s. 4. Destruction of <»• In case the inspector shall discover that noxious weeds OT buming'^Sr sxist on land on which a crop has been sown it shall be straw^after optional for the in.spector to order the growing crop to be destroyed or notify the owner or occupant in writing to burn the straw grown upon the said land within ten days after he shall have threshed the said crop. No. 17 of 1896 s 5 806 1898 NOXIOUS WEEDS Cap. 84 2 I. In case such owner or occupant of any land or if it be Penalty for railway property then the railway section foreman upon whom reSi to such notice has been served, refuses or neglects to cut down or'i®*''™^ veeds destroy or to cause to be cut down and destroyed any of the said noxious weeds within the time specified in such notice and if such noxious weeds are not cut down and destroyed within the specified time the owner or occupant or section foreman shall on summary conviction be liable for each offence to a fine not exceeding- $100 together with the costs of pro- secution and in default of the payment thereof the person so convicted may be imprisoned in the nearest lockup or common gaol for any term not exceeding thirty days unless such tine and costs together with the costs of prosecution be sooner paid. No. 17 of 1896, s. 6. 8. In the case of unoccupied lands the inspector may notify inspector's the owner thereof, if his address be known, requiring him tofan'dnot"'^^ cut down and destroy or cause to be cut down and destroyed all Ofoupieci noxious weeds growing upon the said lands within not more than five days and if such noxious weeds are not cut down and destroyed within the specified time and if the address of the owner be not known the inspector may enter upon the lands and cause such noxious weeds to be cut down and destroyed and the expenses so incurred may be recovered from such owner by an action at law to be brought in the name of the inspector. No. 17 of 189H, s. 7 ; No. 25 of 1897, s. 5. OFFENCES AND PENALTIES. 9. Every inspector who refuses or neglects to discharge the Penalty for duties imposed upon him by this Ordinance shall upon summary by^na'pe^oto?'^ conviction be liable to a fine of not more than $20. No. 17 of 1896, s. 8. 1 0. Any person who sells or offers to sell any grass, clover Penalty for or other seed, or any seed grain among which there is seed of contafnine any noxious weed shall for every such offence upon summary ^'^^^ ^^""^ conviction be liable to a fine of not more than llOO. No. 17 of 1896, s. 9. II. Any person selling or otherwise disposing of any clean- Miu and ings or other refuse containing seeds of noxious weeds from refute"^ any elevator or mill without first destroying the germinating ^g"g*|™| qualities of such seed of noxious weeds shall be liable on sum- mary conviction to a penalty of not less than $25 nor more than No. 17 of 1896, s. 10. 807 Short title CHAPTER 85. An Ordinance for the Protection of Game. 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 Game Ordinance." No. 8 of 1893, s. L Animals protected Birds protected Kggs PROHIBITIONS AND PENALTIES. GAME GUARDIANS. "A. No elk, moose, cariboo, antelope, deer or their fawn, mountain sheep or goat shall be hunted, taken or killed be- tween the first day of February and the first day of October in any year : Provided always that no person shall be allowed to kill or take more than six head of the aforesaid animals in any one season except for the purpose of food for himself or his family : Provided also that south of the line between townships 22 and 23 and east of the line between ranges 23 and 24 west of the second meridian according to the Dominion lands system of survey, none of the animals mentioned in this section shall be hunted, taken or killed until the first day of October, 1901 ; Provided also that the fawn of any of the said animals may be taken alive and domesticated. No. 15 of 1895, s. 1 ; No. 26 of 1897, ss. 1,3. 3. No person shall fire at, hunt, take or kill — 1. Any buffalo at any time ; 2. Any grouse, partridge, pheasant or prairie chicken be- tween the fifteenth day of December in any year and the fif- teenth day of September in the following year ; 3. Any kind of wild duck, snipe or sandpiper between the first day of January and the twenty-third day of August in anj- year. No. 8 of 1893, s. 3 ; No. 15 of 1895, s. 2 ; No. 40 of 1898, s. 4. 4. No person shall at any time disturb, injure, gather or take the eggs of any species of wild fowl or birds mentioned in this Ordinance. No. 8 of 1893, s. 4. Number of birds one person may kill 1895, s. 3. 5. No person shall kill in one day more than twenty of the birds mentioned in subsection 2 of section 3 hereof. No. 15 of (J. None of the contrivances for the taking or killino- of the °' 'Suited ^^^<^ *°^^1 known as swans, geese or ducks, which are described as swivel guns, batteries, sunken punts or night lights shall be 808 Certain modey of capture prohibited 1898 GAME Cap. 8S t used at any time zior shall any person use grain, seed or other description of food steeped in opium, alcohol or other narcotics for the purpose of stupefying and capturing any species of wild fowl except geese. No. 8 of 1893, s. 5. 1. No person shall hunt, trap or kill in any year — close season . for mink, 1. Anj' mink, fisher or marten between the fifteenth day of fisjier, mai-ten. April and the first day of November ; o er, e i 2. Any otter or beaver between the fifteenth day of May and the first day of October : Provided that in the Dominion electoral district of the East riding of Assiniboia no beaver shall be hunted, trapped or killed at any time until the first day of November, 1901. No. 8 of 1893, s. 6; No. 19 of 1896. 8. No person shall hunt, trap or kill any muskrat between Muskrat the fifteenth day of May and the first day of November in an\' year. No. 8 of 1893, s. 6 ; No. 19 of 1896. 9. No bird named in this Ordinance except geese shall be instruments of taken or killed at any time by means of any rope, snare, spring, may b™ "*'''^"' cage, net or trap and no engine shall be at any time for such destroyed purpose placed, constructed, erected or set, either wholly or in part ; and any person finding any rope, snare, spring, cage, net or trap or engine so placed, constructed or set may take pos- session of or destroy the same without such person thereby in- curring any liabilities therefor. No. 8 of 1893, s. 7. 1 0. During the time in which it is unlawful to kill any Primu fade animal or bird as herein provided the possession of any part unlawful"' of such animal or bird (except the skin) shall be deemed priina tiuing facie evidence that such animal or bird was unlawfully killed or taken. No. 26 of 1897, s. 4. 1 1. The commissioner of agriculture may appoint guardians Game having the power of constables to enforce the provisions of ^'''''^^'*"^ this Ordinance. Every such guardian so appointed shall forth- with seize the carcase of any animal or bird referred to in the preceding section or any portion thereof found by him in the possession or custody of any person during any forbidden period or which appear to him to have been taken or killed during such period or by any of the illegal means set forth herein and bring it before the nearest justice of _the peace who, unless the person in whose possession the said carcase is found being first notified of the seizure establishes to the satisfaction of the said justice by his oath or otherwise that the provisions of this Ordinance in that respect have not been contravened, shall declare it confiscated either in whole or in part. No. 8 of 1898, s. 9 ; No. 40 of 1898, s. 4. 1 H, All animals or birds or portions of animals or birds so Confiscated confiscated shall belong to the guardian. No. 8 of 1893, s. 10. ^^""^ 1 3. No person or corporation shall at any time or in any Export 809 3 prohibited Cap. 85 GAME CO. manner export or cause to be exported or carried out of the limits of the North- West Territories any grouse, partridge, pheasant, prairie chicken, elk, moose, cariboo, antelope or their fawn. No. 8 of 1893, s. 11 ; No. 26 of 1897, s. 5. Penalties | 4. Any violation of any of the provisions of this Ordi- nance shall be an offence punishable, on summary conviction before a justice of the peace, as respects killing or taking of buffalo with a fine not exceeding $100 ; and as respects any other violation of this Ordinance with a fine not exceeding $50, with costs of prosecution, half of which fine shall be paid to the informer on his demand therefor and the other half shall be paid into the general revenue fund of the North-West Ter- I'itories : but if the informer makes no demand for half of the fine at or before the conclusion of the trial then the whole of the fine shall be paid into the genei'al revenue fund of the North-West Territories. On nonpayment of such fine and costs forthwith after conviction the offender shall be imprison- ed in the nearest gaol for a period not exceeding two months. No. 8 of 1893, s. 12. Time for prosecution Birds or ei^gs for scientific purposes 15. No prosecution shall be brought under the preceding .section after three calendar months from the day of the com- mitting of the offence charged. No. 8 of 1893, s. 13. I C The commissioner of agriculture upon application being made to him by any person may grant such person written permission to procure birds or eggs for scientific purposes dur- ing the close season. (2) Fivery such application shall state the kind and number of birds or eggs required and the special scientific purposes for which such birds or eggs are intended and every application shall be verified by affidavit of the applicant. No. 8 of 1893 s. 14 ; No. 26 of 1897, s. 6. Person in actual want may kill m. Notwithstanding anything hereinbefore contained any traveller, family or other person in a .state of actual want may kill any bird or animal herein mentioned and take any egg or eggs hereinbefore referred to for the purpose of satisfying his or their immediate wants but not otherwise. No. 8 of 1893 s. 15. None but * ^' ^^ person shall at any time offer for sale, barter'or ex- to self ^^^^""^ change any prairie chicken that has been caught or killed by any person other than himself. No. 8 of 1893, s. 16. Mountain sheep or goat must not DC sold Licensebi to nonresidents 19. No person shall sell or expose for sale, barter or trade nor shall any person buy or obtain from any other person by barter or trade or in any other manner any mountain sheep or goat or any part thereof. No. 26 of 1897, s. 2. 20. No person who is not a resident of the Territories shall hunt, take or kill any of the aforesaid animals or birds unless he has obtained a license therefor which license may be 810 1898 GAME Cap. 85 4 issued by the commissioner of agriculture on payment to him of a fee of $15. (2) Such license shall only apply for a period commencing on the first day of August and ending on the thirty-first day of December in the year in which it is issued and as to such pe- riod shall only confer the right to hunt, take or kill any of such animals or birds after the expiration of two weeks from the first day on which any such animal or bird may lawfully be hunted, taken or killed by any resident of the Territories and subject hereto such license shall only bestow the right to hunt, take or kill as limited by this Ordinance. No. 40 of 1898, s. 4. 'il. All members of the North- West Mounted Police Force x.w.M.Poike shall be ex officio game guardians under the provisions of this l^ardianf *™'' Ordinance. No. 8 of 1893, s. 18. 33. This Ordinance shall only apply to such Indians as it is imiians specially made applicable to in pursuance and by virtue of the powers vested in the Superintendent Genei-al of Indian Affairs of Canada by section 133 of The Indian Act as enacted by 53 Victoria, chapter 29, section 10. No. 8 of 1893, s. 19. 33. No person shall fire at, hunt, take or kill any of the ani- EncioKed lands mals or birds mentioned in this Ordinance which are upon or over any lands inclosed by a fence of any description or upon or over any lands in a state of cultivation, who has not obtained the consent of the occupier thereof. No. 20 of 1894, s. 1. 34. Any person contravening the provisions of the last pre- Penaity ceding section shall upon summary conviction be liable to be fined in a sum not exceeding $25. No. 20 of 1894, s. 2. 811 CHAPTER 86. An Ordinance to Prevent the Pollution of Running Streams. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : Depositing fllth in streams T*en{ilty Banks of streams 1. Any person who deposits or causes or allows to be de- posited along the bank of any running stream in the Terri- tories or who shall cast or throw into its waters any stable manure or any night soil, carcases, or any other filthy or impure matter or substance of any kind shall be guilty of an ofience and on summary conviction for each and every such offence incur a penalty of not less than $5 together with the costs of prosecution ; and on non-payment of such penalty and costs forthwith after conviction be imprisoned in the nearest com- mon gaol for a term not exceeding one month unless such penalty and costs are sooner paid. R.O. c. 22, s. 1 ; No, 38 of 1897, s. 45 (I). S. The banks of all running streams within the Territories shall for the purposes of this Ordinance include all lauds with- in fifty feet of ordinary high water mark on either side of such streams. R.O. c. 22, s. 2. Sewage 3. This Ordinance shall not refer to the discharge of sewer waters from any pipe or drain leading from any dwelling house, hotel or public institution. R.O. c. 22, s. 5. 812 CHAPTER 87. An Ordinance for the Prevention of Prairie and Forest Fires. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : SHOBT TITLE. 1. This Ordinance may be cited as " The Frairie Fires Or- Short title dinance." No. 38 of 1898, s. 1. PROVISIONS AGAINST KINDLING FIRES. H. Any person who shall either directly or indirectly, per- causing sonally or through any servant, employee or agent — prame Ares, (a) Kindle a fire and let it run at large on any land not his own property ; (b) Permit any fire to pass from his own land ; or ('•) Allow any fire under his charge, custody or control or under the charge, custody or control of any servant, employee or agent to run at large, shall be guilty of an oflfence and shall on summary conviction penaity thereof be liable to a penalty of not less than $25 and not more than $200 and in addition to such penalty shall be liable to civil action for damages at the suit of any person whose property has been injured or destroyed by any such fire. No. 38 of 1898, s. 2. CAMP OR BRANDING FIRES. 3. Any person who kindles or is a party to kindling a fire camp or in the open air for camping or branding purposes and who extfngmsi?-'*"' leaves the same without having extinguished it shall be guilty "i<=nt of an offence and liable on summary conviction thereof to a penalty not exceeding $100. No. 38 of 1898, s. 3. CLEARING LAND. 4. No person shall directly or indirectly, personally or by Fireguards in any servant, agent or employee kindle on any land a fire for °«^'^i° '^^^s the purpose of guarding property, burning stubble or brush or clearing land unless the land on which the fire in started is at the time it is started, completely surrounded by a fire- guard not less than twenty feet in width consisting of land covered with snow or water or so worn, graded, ploughed, burned over or covered with water as to be free of inflammable matter and any person kindling a fire for such purpose shall during the whole period of its continuance cause it to be guard- 813 Cap. 87 PBAIRTE FIRES CO. ed by three adult persons provided with proper appliances for extinguishing prairie fire. ' (2) Any person contravening this section shall be guilty of an offence and be liable on summary conviction thereof to a penalty not exceeding f 100. No. 38 of 1898, s. 4. FIRES BY RAILWAY EMPLOYEES. Raiiwaj- 5* Nothing in this Ordinance shall prevent any railway umii^anieg and company or its employees from burning over the liind held by it under its right of way and the land adjoining the same to an extent not exceeding three hundred feet in width on each side of the centre line of the .railway. (2) Every person causing, commencing or in charge of such burning shall cause the same during the whole period of its continuance to be watched and guarded by at least four men provided with suitable appliances for extinguishing prairie fire and in default thereof shall be guilty of an offence and liable on suinmary conviction thereof to a penalty not exceeding $100. (3) This section shall not relieve any person from liability under this Ordinance if any fire so started shall escape or run at large. No. 38 of 1898, s. 5. Fires before 7tli May SPRING BURNING. 6. Nothing herein contained shall prevent any person from kindling fire before the 7fch day of May in any year for the purpose of clearing any area of land not exceeding three hundred and twenty acres if such land is completely surround- ed by a fire guard not less than ten feet in width consisting of land covered with snow or water or being so w^orn, graded, ploughed, burned over or covered with water as to be free from inflammable matter. (2) Any person so kindling a fire shall cause it to be guarded during the whole period of its continuance by three adult per- sons provided with proper appliances for extinguishing prairie fire and should such fire be left without being so guarded or be allowed to escape such person shall be guilty of an offence and liable on summary conviction thereof to a penalty not ex- ceeding $100. No. 38'of 1898, s. 6. FIRES BY LOCAL IMPROVEMENT OVERSEERS. Overseers of local improvement districts, exception 1. Nothing in this Ordinance contained shall prevent the overseer of any local improvement district from kindlino- a fire for the purpose of making a fire guard but the area v^'hich it is prop(;sed to burn must be completely inclosed by a fire guard at least ten feet in width such as is described in sec- tion 6 hereof and such fire so kindled must durino- the whole period of its burning be guarded by such number of men pro- vided with proper appliances for extinguishing prairie fire, not being less than four men, as will be reasonably sufficient to control such fire and if the precautions hereby required are not 814 1898 PRAIRIE FIRES Cap. 87 3 taken or if such fire should escape and run at large such over- seer shall be deemed guilty of an otteuce and be liable on sum- mary conviction thereof to a penalty not exceeding $100. No. 38 of 1898, s. 7. PROSECUTIONS. 8. It shall not be necessary that any prosecutor or com- Burden of plainant shall in any information or complaint for an offence ?fegltiving under this Ordinance negative any exemption, exception, pro- "^"eptions viso or condition herein contained or prove any such negative at the hearing or trial but the accused person may prove the affirmative thereof in his defence if he wishes to avail himself of it. No. 38 of 1898, s. 8. RIGHTS OF ACTION PRESERVED. 9. Nothing in this Ordinance shall bar or prevent any per- Rights son from bringing any action against any person to which he P'"^'^«'"^«iee may sell and dis- wholesale pose of liquors in the warehouse, store, shop or place defined '"^"^^ in the license in quantities of not less than one-half gallon in each cask or vessel and in case of such selling by wholesale as in respect of bottled ale, beer, porter, wine or other fermented or spirituous liquors each such sale shall be in quantities not less than one reputed quart bottle or two reputed pint bottles and liquors thus sold shall not be consumed in or upon the house and premises in respect of which the license 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 licens- ed premises are situate : Provided further that in incorporated cities and towns no wholesale business other than a liquor business and the sale of cigars i"^*"**® limited and tobacco shall be caried on upon the premises covered by such wholesale license. No. 7 of 1897, s. 9. 13. Licenses may be issued in the name of a copartnership License may when two or more persons are carrying on business in the same name rf name but a separate license shall be required in every separate ''°p^^'"®'"*'p place of business of such firm. 821 Cap. 89 LIQUOR LICENSE C. 0. Dissolution of (2) A license granted to any firm or partnership shall with- par neis ip ^^^ ^^^ formality enure to the benefit of the remaining part- ner or partners in the event of the withdraAval or removal of any of them by dissolution or any other determination of the partnership. No. 7 of 1807, s. 37. Incorporated 14. Any incorporated company may become a licensee or beSme'^ ™^^ licensees in any district under tlie provisions of this Ordinance and in such cases all acts required under the provisions of this Ordinance to be done by any person as licensee whether prior to or after the granting of a license may be done in the name of the company by the officer or agent of the said company in charge of the particular premises for which the license is to be or shall have been granted. No. 7 of 1897, s. 27. licensee Officer or agent may act Short term 1 5« Upon the application of any incorporated society, turf Uceneeson^ club Or racing association the chief inspector may in his dis- appiication of cretion grant a permit to any licensee under this Ordinance to fiOClGtlfiS o 1. V sell by retail for any period not exceeding six days, ale or lager beer, but not spirits, in a covered booth or tent upon grounds occupied by any such society, association or club for the time being for the purpose of holding meetings for the encourage- ment of manly sports and exercises or for the purpose of hold- ing racing or trotting matches provided that said meeting is held within a staked or fenced inclosure and does not include any licensed premises within the limits of such inclosure, and provided that an inspector of the district shall approve of the location of the tent or booth in which such liquors may be sold under such permit. (2) The licensee to whom any such permit may be granted shall pay therefor a fee of |10 to the Territorial treasurer for each day covered by the permit and shall be subject to the provisions of this Ordinance as if selling in his own licensed premises. (3) No permit under this section shall be granted for the sale of ale or lager beer upon grounds occupied or partly occu- pied for the time being by any agricultural society or any other society, association or corporation for the purpose of holding any agricultural show or industrial exhibition. No. 7 of 1897, s. 76. License fee Exception Dining haU licenses for beer 10. Any keeper of a dining hall situated within fiftj- 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 the Territorial treasurer ; such licenses 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 bylaw be required to pay to such incorporated city or town such a sum not exceeding $100 as it may deter- mine. No. 7 of 1897, s. 120. Special Ucoiise 11. Ally railway company may obtain a special license from coinpanT thcchicf inspector to sell wine, ale, beer and spirits on any dining car attached to a train upon the line of their railway 822 1898 LIQUOR LICENSE Cap. 89 6 and shall pay therefor the sum of $100 to the Territorial 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 license under this or the pre- ceding section. No. 7 of 1897, s. 121 ; No. 40 of 1898, s. 12. 18. In any incorporated city containing a population of Additiraai three thousand or over, additional hotel liceases may be issued ^"^^^ licenses 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 cohtained in this Ordinance regarding hotel licenses and the holders of such licenses shall be subject to the provisions herein contained con- cerning 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 certificate of been inspected and found to contain a suitable dining room,™''®'?'^''''™ kitchen and necessary appliances, and until a certificate has been filed with the insppctor signed by ten resident ratepayers assessed on the last assessment roll for $1,200 or upwards cer- tifying that in their opinion .said re.staurant is desirable for the purpose of providing meals for the public, and the inspector shall see that meals are furnished for the public during the existence of said license. No. 7 of 1897, s. 122. 19. Subject to the provisions of this Ordinance as to re- License movals and the transfer of licenses every license for the sale of o°iy®toperaon liquor shall be held to be a license only to the person named named therein therein and for the premises therein mentioned and shall re- main valid only as long as such person continues to be the occupant of the said premises and the true owner of the busi- ness there carried on. No. 7 of 1897, s. 44. 30. No license shall be granted to any person declared in Di.squaiifled pursuance of this Ordinance to be a disqualified person during fnlugMe the continuance of such disqualification ; any license issued to a person so disqualified shall be void. No. 7 of 1897, s. 34. JJl. No license shall be granted under the provisions of this Commissioner Ordinance to or for the benefit of any person who is a license canSTobtain commissioner or license inspector and any license so issued "'=™-^<' shall be void. No. 7 of 1897, s. 35. •43. No license shall be issued under the provisions of this Premises Ordinance for premises within any district of which a member o^m"[o„ev of the board or the inspector of such district is the owner. No. "^t^S^g^^"^' 7 of 1897, s. 36. 823 Cap. 89 LIQUOR LICENSE C. 0. License to married woman 33. No license shall be granted to any married woman un- less she be the owner or tenant in her own right of the premises for which the license is sought and she shall satisfy the board that the business to be carried on is for her own use and benefit irrespective of her husband. No. 7 of 1897, s. 30 (3). ACCOMMODATION REQUIRED IN LICENSED HOTELS. Hotel aocom modatlon 34. Every hotel authorised to be licensed under the pro- visions of this Ordinance shall contain in addition to what may be needed for the use of the family and servant or servants of the hotel keeper, in incorporated cities or towns not less than ten bedroom.s,*in villages not less than seven bedrooms and in other places not less than four bedrooms together with, in every case, a suitable complement of bedding and furniture ; and (ex- cept in incorporated cities, towns and villages; there shall also be attached to the said hotel proper stabling for at least six horses besides the hotel keeper's own. (2) Every licensed hotel shall have a public sitting room separate and distinct from the bar room. ^3) Every licensed hotel shall be shown to the satisfaction weu appointed ^f ^j^g commissioners to be well appointed and with sufficient Meals appliances for serving meals daily to travellers. (4) Every licensed hotel shall be provided with a suitable privy which shall at all times be kept properly cleaned and ventilated. No. 7 of 1897, s. 29. Separate public sitting room Hotel to be Privy Licensee, issued APPLICATIONS FOR LICENSE. how ^H' Every license shall be issued upon the recommendation of the board except as herein provided. No. 7 of 1897, s. 10. Meetings of board 36. The board shall sit during the month of May in each year at such place and at such date as may be arranged and notified to them by the chief inspector to receive and dispose of applications for license and to hear and decide protests. No. 7 of 1897, s. 11. Board may adjourn meeting Board may adjourn meeting if quorum not present 31. At such meeting the board may adjourn the hearing of any application or any protest to any other place and time if they see fit and as far as possible protests shall be tried in the locality in which application for license is made. (2) The board may be called together at any time by the chief inspector and the board may meet at any time of their own motion. (3) If from any cause a quorum of the board fails to be present on the day fixed for the meeting or at any adjourn- ment of a meeting the said meeting or adjourned meeting shall stand adjourned from day to day until a quorum shall be pre- sent to hold such meeting. No. 7 of 1897, s. 12. A pplication for licenses 38. Every application for a license shall be by petition (in form A appended hereto) and such application and also recom- mendation (in form B) and the affidavits (in forms C and D) 824 1898 LIQUOB LICENSE Cap. 89 S 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 Ter- ritorial 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 chief inspector. (2) The recommendation (form B) shall not be required in the case of any application for a license in an incorporated citv or town. No. 7 of 1897, s. 13. 39. As soon as possible after the first day of April the chiefAdverti.se- inspector shall advertise by one insertion in a newspaper in ^p'lic^tions each locality for which applications (accompanied by said re- ceipt and recommendation where required) have been received by him or as near such locality as possible, a list of all such applications received for such locality showing the name of each applicant, description of license applied for and the place described with sufficient certainty together with a notice of the time and place of the meeting of the boaad to be held to con- sider such applications ; at least twenty-four days shall inter- vene between the publication of the advertisement and the date of such meeting ; and a notice containing similar infor- mation shall be fixed to the outer door of the building where the board is to sit, and be sent to the postmaster nearest to the proposed license pi-emises to be posted up in the post office ; and the chief inspector 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. No. 7 of 1897, s. 14. SO. The chief inspector shall attach all the papers relating Papers to be to each application together and transmit them together with fnspector^*'"*'' a statement shewing all convictions under this Oixlinance against any applicant, to the inspector of the district who shall produce them at the meeting of the board. (2) All papers connected with applications or protests while Papers open in the hands either of the chief or district inspector shall be Inspection open to the inspection of the public. No. 7 of 1897, s. 16. 31. After the meeting of the board the inspector shall re- inspector to turn the said papers to the chief inspector with a certificate to'ShM^''^''" .signed by at least the majority of the commissioners present '^^ftPif^'o^^ya „ at the meeting showing whether the license is recommended or cevtifloate not and if not recommended stating the reasons. No. 7 of 1897, s. 16. 33. Upon receipt of the papers and certificates the chief chief inspector shall notify each successful applicant that he is re- 'Polity °' quired to send to the Territorial treasurer on or before the appucan"' fifteenth day of June — 825 Cap. 89 LIQUOR LICENSE C. 0. Certificate municipal treasurer license fee and prosecution rund Licenses to be sent [a) Where the premises to be ]icensed are within an in- corporated city or town which has provided by bylaw for the payment of a municipal license fee under sub- section 2 of section 46 hereof, a certificate which shall be furnished free of charge from the municipal clerk or treasurer of the payment of such fee ; (b) The amount of the Territorial license fee together with five per cent, thereof in addition as a prosecution fund. (2) Upon receipt of said moneys and certificate (where requir- ed) the Territorial treasurer shall sign a receipt in duplicate for the same, one of which he shall transmit to the applicant and the other along with the certificate (where required) to the chief inspector who shall thereupon send to such applicant a license in form F appended hereto. No. 7 of 1897, s. 17. Applications at other times 33. Any person desiring to obtain a Iicen.se at any other time than as above provided may send to the Territorial treas- urer his application and SIO as above provided ; the chief inspector upon receipt of the application and the Territorial treasurer's receipt shall calculate the amount of the Territorial license fee and the expense of calling the board together and of advertising and shall notify the applicant that his appli- cation will not be considered until the amount so estimated for the expense of calling the board together and of advertising has been received by the Territorial treasurer ; upon receipt of such amount by the Territorial treasurer the chief inspector shall arrange for the advertising of the application, the inspec- tion of the premises and the calling together of the board at as early a day as possible to deal with the application — pro- vided that in case more than one application is made at the same time to the same board the expense shall be divided pro rata among the applicants but no license shall be granted to any person under the provisions of this section whose appli- cation for a license under section 28 hereof has been rejected. No. 7 of 1897, s. 18. Application for renewal of license for same premises 34. Any existing licensee may apply for the renewal of his license 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. No. 7 of 18t)7, s. 19. Fees to be 35. All license moneys and fees payable under this Ordi- generai" nance shall be paid to the Territorial treasurer and shall go to revenue fund >^q general revenue fund. Amount (2) The amount estimated by the chief inspector for the ex- exprfsl'f to°bc Pen-'^e of Calling the board together and of advertising in held in trust section 33 hereof referred to, shall be retained in trust until the actual expenses incurred are a.scertained, when the amount of such actual expenses shall be paid into the general revenue fund and the balance if any shall be refunded to the applicant. No. 7 of 1897, s. 20. 826 1898 LIQUOR LICENSE Cap. 89 10 30. Any seven or more out of the twenty householders re- Protosts siding 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 Bad tame drunken habits or has previously forfeited license ; or (h) That the premises in question are out of repair ojt have Premises out not the accommodation required by law or reasonable "* ™''^''" accommodation if the premises be not subject to the said requirements ; or (c) That the licensing thereof is not required in the neigh- xot required bourhood or that the premises are in the immediate vicinity of a place of public worship, hospital or school or that the quiet of the place in which such premises are situate will be disturbed if a license be granted or for other valid reasons which may be shown. (2) The petition shall be transmitted to the Territorial treas- Petition to urer accompanied with $10 in time for its receipt by him not Territorial less than ten days before the then next sitting of the board ;t''<'a™rer on receipt thereof the Territorial treasurer shall acknowledge tlie same in writing to the person from whom he received it ; he shall indorse on the back of the petition the date he re- ceived the same with the money aforesaid and forward the said petition to the chief inspector who forth ^\ith shall trans- mit it to the inspector for production at the said sitting of the board. (H) The said sura of $10 shall be held in trust and in case Protest fee the protest is successful shall be returned to the person whose ^'"^ '" *™^'' name is first upon the petition. In case the protest is not sue- ^®J^^g™|^," cessful the said sum of $10 shall be paid into the general revenue fund. (4) The board shall fix a day and place specially for the trial fl^ed't ''1;r- of the protests giving each party reasonable notice thereof. (5) The board shall give a written decision stating which if written 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 Petition to days immediately prior to the day it is so received by the withfn eo treasurer and the justice or commissioner before whom thetore?e?pr same is signed shall certify the date upon which each person signs such petition. No. 7 of 1897, s. 21. 3T. A license shall not be granted to any person to sell in- where recom- toxicating liquors outside of incorporated cities or towns who Ifot'i-equired has not first obtained the recommendation in writing in form B. (2) Such recommendation must be signed within the period Reoommen- of sixty days immediately prior to the day it is so received by signed within the Territorial treasurer and the justice, notary or commissioner ^^ ^^^■|^PJ"°'' before whom the same is signed shall certify the date upon which each person signs such recommendation. 827 ] 1 Cap. 89 LIQUOR LICENSE C.. 0. Number of (3) In incorporated cities, towns and villages when the popu- limitld' lation does not exceed five hundred, not more than two hotel licenses shall be granted ; in incorporated cities and towns where the population exceeds five hundred and does not exceed one thousand, not more than three hotel licenses shall be granted; and not more than one additional license shall be granted for each additional full five hundred of population over one thousand. No. 7 of 1897, s. 22. Reoommen- 38. Every recommendation and protest (forms B and G) rtLtonce°s^**'"' having reference to the granting of a license shall have in addition to each signature thereon a statement of the approxi- mate distance from the premises to which such petition refers of the residence of each person signing the same. No. 7 of 1897, 8. 23. Hearing 39. Every application for a license and all protests if any S'protes'ts 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 unle.ss hindered by sickness or in- firmity and the board may summon and examine on oath such witnesses as they may think necessary and as neai'ly as may be in the manner directed by any Act now or hereafter in force relating to the duties of justices in relatioa to summary convictions ami 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 (4) At all hearings under this Ordinance the individuals of board composing the board shall have the same powers as justices of the peace. No. 7 of 1897, s. 24. Inspectors 40. On every application for a license except for a wholesale appifcat^ons license the inspector shall report in writing to the board and for hotel such report shall contain— licenses ^ 1. A description of the house, premises and furniture ; 2. If the application be by a person who held a license for the same premises during the preceding year a statement as to the manner in which the house has been conducted during the existence of the previous license ; 3. A statement of the number, position and distance from the house in respect of which a license is applied for, of the licensed houses in the neighborhood ; 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 ; 828 1898 LiQUOK LICENSE Cap. 89 12 7. A statement whether the persons signing the recommenda- tion (form B) are in the opinion of the inspector ten out of the twenty householders nearest to the buildinjr iu wliich the busi- ness proposed to be licensed is to be carried on. No. 7 of 1897, s. 25. 41. In every application for a wholesale license the inspec- inspector's tor shall report to the board in writing and such report shall app°toitk,ns contain — for wholesale licenses 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 ex- istence 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 ; (b) Whether the business sought to be licensed is or is not in his opinion requii'ed 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. No. 7 of 1897, 3. 26. 43. The report of the inspector shall be for the information Discretion of the board who shall nevertheless exercise their own discre- °* ''"^'"'^ tion on each application. No. 7 of 1897, s. 28. HEARING AND DETERMINING APPLICATIONS. 43, The board having ascertained that the requirements of Duties of this Ordinance as to the application and the report of the in- ''''*'''^ spector have been complied with, but not otherwise, shall hear the application. (2) The board shall hear and determine all protests and ob- Hearing and jections which may be made against applications on evidence protest™"^ ' as shall seem to them sufficient. (3) Any person who is qualified to protest and has signed a Persons formal protest in form G hereto appended against the granting Se"t may of a license may be heard in relation thereto in person or by be heard attorney or agent. (4) The council of any municipality may authorise any per- Municipal son to appear in a similar manner on behalf of the ratepayers belepreTentod of such municipality as to the granting of a license and such person so authorised shall have a right to be heard before the board against the granting of such license. 829 13 Cap. 89 l,IQi;OR LICENSE C, 0. Notice of objections to character Objection from inspector to be stated in report Board may tales notice of any objection Applicant to be notified Inspector's report may be dispensed with Decision of board final Provision for rehearing Applicant refused on ground that he is not fit person (5) No objection in respect of the character of any applicant shall be entertained unless three clays' written notice has been given to the applicant and no protest need be noticed if not made in accordance with this Ordinance. (6) No objection from an inspector shall be entertained un- less the nature of the objection shall have been stated in the report furnished to the board. (7) Notwithstanding anything in this Ordinance contained the board may of its own motion whether a pmtest has been tiled 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 application if requested by him for any period not exceeding fourteen days and not less than seven days or any time fixed with "the consent of the applicant in order that any person affected by the objection may have an opportunity of answering the same. (8) Where the applicant for a hotel license resides in a re- mote part of the district or when for any other reason the board sees fit they may dispense with the report of the in- spector and act upon such inforniation as may satisfy them in the premises. No. 7 of 1897, s. 31. 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. No. 7 of 1897, s. 32. 45. If an applicant for a license has at any time been re- fused a license on the ground that he is not a fit person to hold a license no application by such applicant if opposed shall be entertained by any board within a period of two years of the last of such refusals. No. 7 of 1897, s. 33. LICENSE FEES. License fee 46. Every person to whom a license to sell intoxicating liquor shall hereafter be granted shall before receiving such license be required to pay as a fee for such license in addition to any fee required to be paid to the incorporated city or town in which such license has been or is required to be granted, the following duties that is to say : 1. For each hotel license, the sum of $200 ; 2. For each wholesale license, the sum of $200 : Provided that in the case of bottling works where ale or lager beer only is bottled the fee shall be one-half of the fees payable for the wholesale license. 830 1898 LiQUOK LICENSE Cap. 89 14 (2) Incorporated cities or towns may by bylaw require each Fee to licensee to pay towards their municipal revenue such sums as un5e°/b yilw they may determine not exceeding the amount of Territorial duty payable on such license and the chief inspector shall in no case issue a license until he has received a certificate from the treasurer or clt-rk of said municipality showing the amount of such fees and that such sum has been paid ; such bylaw and Bylaws to be every substituted and amended bylaw shall be promptly certi- inspector"'*' fied and forwarded to the chief inspector and such bylaw shall Duration ot continue in force until amended, altered or repealed, without being re-enacted each year. (3) In all cases where licenses are taken out for a portion Proportionate only of the year the amount payable to the Territorial treas- g^eL^e fe""'^'^' 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. No. 7 of 1897, s. 30. SECURITY. 4T. Before any license is issued the person applying for the Bonds by same shall enter into a bond to Her 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, condi- tioned for the payment of all fines and penalties which such person may be condemned to pay in respect of any offence against this Ordinance to be recovered at the suit of the 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. No. 7 of 1897, s. 42. 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 °' licenses license do not exist and also in case it is shown that the licen- see is not keeping his premises in accordance with the provi- sions of this Ordinance and any rules and regulations made thereunder. No. 7 of 1897, s. 40. 49. The chief inspector may subject to the approval of the Cancellation Lieutenant Governor in Council at any time upon application gyljgf"/®'' by a licensee cancel a license and allow a rebate to such licen- inspector see of a portion of the moneys paid for license both to the municipality 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 chief inspector. (3) In case such rebate is allowed it shall be the duty of the Rebate municipality and the Territorial treasurer to refund to such licensee such amount so allowed. No. 7 of 1897, s. 41. TRANSFER OF LICENSES. 50. A license issued under the provisions of this Ordinance Transfer shall not become void by— ofjicenses 831 15 Cap. 89 LIQUOR LICENSE C. 0. Report of inspector to be sent (a) The death of the licensee, (b) A transfer of the licensee's business to some other person by operation of law, unless in case of the licensee's death his legal representatives or their assignees or in the case of a transfer as above stated his assignees fail within two months from such death or trans- fer to obtain the written consent of the chief inspector for the continuance of the business or the transfer of the license in the house or place for which the same issued, and subject to the duties and obligations of the licensee named in the said license for the residue of the term named therein, otherwise the same shall become void. (2) In every case of transfer of an hotel or wholesale license the person in whose favour any such transfer is to be made shall send to the chief inspector a report of the inspector simi- lar to that mentioned in sections 40 or 41 of this Ordinance as the case may require. No. 7 of 1897, s. 45. Licensee 51. Where a licensee has been legally ejected from any li- ejecit^ cen.sed premises the board may, notwithstanding the non-pio- duction of the license, on the application in writing of the owner of the premises and the proposed new tenant, if they Special license cannot produce the license, grant a special license to such new to new tenant ^g^j^jjj; jjj g^ich form as they shall think applicable, such special license to be signed by the chief inspector ; provided always that the board shall be satisfied that actual value has been received from said owner by said licensee. No. 7 of 1897, s. 46. Balance of term Proviso Desertion of premises Vacancy 53. The board may by order authorise any person they may think entitled to the benefit of any license to carry on the business in the licensed premises for the remainder of the term for which the license was granted in the same manner as if such license 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 license has been granted deserts the licensed premises or refuses or neglects to transfer the license when justly required so to do ; or 2. If during the currency of any such license the holder 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 pro- cess whatsoever. No. 7 of 1897, s. 47. After dis- qualification treating matter as in case of transfer 53. Where any licensed person is convicted of any offence and in consequence either becomes personally disqualified or has his 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 lecral power to eject the tenant of such premises, may by order authorise an agent to carry on the bu.siness specified in the 832 1898 LIQUOK LICENSE Cap. 89 16 license relating to such premises until the end of the period for which such license was granted, in the same manner as if such license had been formally transferred to such agent: pro- Proviso vided always such owner shall pay as fee for the balance of the term of the license unexpired a proportionate part of the amouat required for one year. No. 7 of 1897, s. 48. 54. Ill case of the niai-riage of any woman being a licensee Marriage the license held by her shall confer on her husband the same ifcenTe*^'^ privilege.s and shall impose on him the same duties, obligations and liabilities as if such license had been granted to him originally : Provided that the chief inspector on application of the bus- Proviso band of any .such licensee, unless 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 certificate signed bv the chief inspector shall be conclusive evidence. No. 7 of 1897, s. 4!:'. REMOVAL OF LICENSE SS. 55. The chief inspector may, after order allowing the same Removal by the board, indorse on any hotel or wholesale license, permis- premises sion to the holder thereof to remove from the house to which his said licen.se applies, to another house to be de.scribed in the indorsement to be made by the said inspector on the 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 appli- cation for the same kind of a license. (2) Such permission when the approval of the said chief in- Effect of such spector is indorsed on said license shall authorise the holder of p''''™'^^^°° 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 ; anj'^ 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 authorised ; but such permission shall not entitle him to sell at any other than such one place. No. 7 of 1897, s. 50. 56. In all cases provided for in sections 50 to 55 hereof, both Application inclusive, of transfer, removal or change in a license application o?'removaf shall be made in the same manner as if for an original appli- cation for a license ; the amount of monej^ to be sent with said application .shall be the sum of $10 ; the chief inspector 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 : 53 833 17 Proviso Cap. 89 LIQUOR LICENSE CO. Provided neverthele.ss that if within the time limited for pro- test no protest has been received by the chit-f inspector and he is satisfied in other respects that the application should be granted it shall not be necessary for the board to hold a meet- ing or make a recommendation but the application may be granted upon the authority of the chief inspector alone. No. 7 of 1897, s. 51. LICENSES IMPROPERLY OBTAINED. Powera of judge where license improperly obtained 51. If within .sixty days from the granting of a license or a tran.sfer of a license an}^ person deposits with the clerk of the Supi-eme Court for the judicial district wherein the licensed premises are situated $10 as security for costs together with a complaint (verified by afiidavit) that the said license or trans- fer has been obtained by fraud or in violation of any of the provisions 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 cancel- lation of the license or dismiss the con)plaint and award costs in the same way as costs are awarded in proceedings in the Supreme Court. No. 7 of 1897, s. 52. Register of licenses Record of applications RECORDS AND REPORT OF CHIEF LICENSE INSPECTOR. 58. The chief license inspector shall — 1. Keep a register to be called the register of licenses con- taining the particulars of all licenses granted in the district, the premises in respect of which they are granted, the names of the licensees and the names of the sureties to any bond given by any such licensee in pursuance of the provisions of this Ordi- nance ; there shall also be entered on the register all forfeitures of licenses, disqualiications of licensees, records of convictions, and other matters relating to the licenses then on the register : 2. Keep a record of all applications made to the commission- ers showing the names of the applicants, the nature of the applications, the premises in respect of which the applications are made, the date on which the applications were heard and the manner in which the same were disposed of, including in cases of refusal the cause or causes thereof ; Kxtraoi;a to 3. On request, forthwith transmit extracts from any such be furnished ..«!. ir* t , • . v register oi licenses or record oi application to any other in- spector or to the clerk of the court for any judicial district within the Territories ; hi^pictor's *■ I^^POi't annually on the thirtieth day of June to the annual report, attorney general and this report shall contain • contents of *' " ^ (a) A statement of the number and description of licenses and of the names of applicants to whom licenses were granted during the year; (b) The names of applicants to whom licenses were not granted ; 834 1898 LIQUOR LICENSE Cap. 89 18 (c) Any other statement required to be entered in the register of licenses ; (d) The prosecutions for infractions of this Ordinance and the result of the same ; (e) General remarks as to the working of the law within the Territories ; and also (/) Any other remarks asked for by the attorney general. No. 7 of 1897, s. 53. 59. The report of the chief license inspector shall be sub- Report to be uiitted to the Legislative Assembly within the iirst fifteen days ^Jas^'bf^ '" of the next session thereof. No. 7 of 1897, s. 54. REGULATIONS. PROHIBITIONS AND PENALTIES. 60. All licenses shall be constantly and conspicuously ex- License to posed in the warehouses and shops, in the bar rooms of Jbotels ^® *^''°^'^'^ or other places of public entertainment to which the licenses respectively relate, under a penalty of $5 for every day's wilful or negligent omission so to expose them, and in default of pay- ment one week's imprisonment for every day of such omission. No. 7 of 1897, s. 55. 6 1 . 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 " licen- sed to sell spirituous or fermented liquors." No. 7 of 1897, s.56. 63. No payment of wages to any workman or other person Payment of shall be made on any licensed premises except by the licensee S'c'^e^^sed" to his ordinary servants or employees ; an}- such payment made p''®™^'^'' in contravention of this section shall not operate to discharge the debt of the employer in respect of such wages to such workman or other person. No. 7 of 1897, s. 57. 63. Not more than one bar shall be kept in any house or One bar only premises licensed under this Ordinance. No. 7 of 1897, s. 58. 64. In all places where intoxicating liquors are licensed to Hours (or 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 fallowing morning on the other nights of the week as respects all places where liquors are licen.sed to be sold by wholesale n® 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 Satur- 53|- 835 19 Cap. 89 LIQUOR LICENSE CO. day night until seven o'clock on Monday morning thereafter and from eight o'clock at night until seven o'clock in the Exception 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 druggi>t or by a justice of the peace is fur- nished the licensee or his agent ; nor .shall any liquor whether sold or not be permitted or allowed to be drunk in any such places duiing 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 fiile residing or boarding in such houses between the hours of one and thi'ee and five and seven in the afternoon respeetivelj^ to be drunk at their meals at the table ; but this provision shall not permit the furnishing of liquor at the bar or place where liquor is usually sold in such houses. No sale during (2) No Sale or other disposal of liquor shall take place in during'ttaes ^^J licensed plrtcc Within the limits of a polling subdivision on shou"d''be ^"^ polling day for the election of a member for the Legis- ciosed lative Assi mbly or any municipal elections or any day in which a vote in accordance with the provisions of this Ordinance or any other Ordinance of the Legislature of the Territories is being taken from or after the hour of six o'clock in the morn- ing 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 bylaw in force in the municipality wherever .such place or places is or are or may be situated the same or the bar room or bar rooms thci-eof ought to be kept closed. Person!? found (3) Every person found in a bar room or a room where m bar rooms i. iiij i- i in prohibited liquors are usually solcl upon licensed premises at any time between the hours of seven of the clock on Saturday night and seven of the clock on the Monday morning thereafter or be- tween the hours of half-past eleven of the clock at night and six of the clock the following morning on the other nights of the week shall be liable on summary conviction thereof to a fine of $10 and costs of prosecution and in default of payment thereof forthwith to imprisonment for ten days : Provided that nothing in this section shall prevent an hotel 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 room in which liquors are usually sold in a licensed hotel shall be kept open at any time during the hours when the sale or other disposal of liquors is prohibited. (5) Any contravention of the provi.Mons of this section by a servant, agent or employee of a licensee shall he presumed to be the act of such licensee. No. 7 of 1897, s. 59. hours Penalty Proviso Bar rooms to be closed during prohibited hours Contravention by servant Bar room, conueetion with other 65. There .shall be no connection between the bar room and other portion of the premises in any licensed hotel by means !s;i6 ■ 1898 LIQUOR LICENSE Cap. 89 20 of windows, wickets, elevators, chutes, openings of any kind or portion of sliding, folding or other kind of doors except doors opening premises directly out 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. No. 7 of 1897, s. GO ; No. 40 of 1898, s. 12. 6(». In any licensed hotel full view of the interior of the view into bar room shall not during prohibited hours be obstructed by to be""™""' means of screens, shades, blinds or frosted, ground or coloured °i'"t™«te'' windows. No. 7 of 1897, s. 61. 6T. No billiard, pool or other tables shall be permitted in Billiard 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. No. 7 of 1897, s. 62. 68. No license shall be granted in respect of any premises Conditions in which the provisions of section 65 hereof have not been prfm^e's*' complied with. No. 7 of 1897, s. 63. 69. Every licensed hotel keeper who either personally or Refusal to through anyone acting on his behalf except for some valid 1"^^'^™®*'*' reason refuses to supply lodging, meals or accommodation to travellers at a reasonable late 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. No. 7 of 1897, s. 64. TO. If any hotel keeper licensed under this Ordinance re- Penalty for ceives in payment or as a pledge for any liquor supplied in or pledge of from his licensed premises anything except current money or 1'^^™^°'^°^'^®'' the debtor's own cheque on a bank or banker he shall be guilty to' liquor 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 Payment for liquor to be supplied and the amount of any payment so made g^^ppfJa ''® in advance may be recovered notwithstanding that any liquor may have been supplied subsequently to such payment. No. 7 of 1897, s. 65. II. Any licensee who purchases from any other person Bartering or anything either by way of sale or barter directly or indirectly pawnTof the consideration for which in whole or in part is any intoxi- "i^or eating 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 imprisonment for any term not exceeding one month and such purchase or pledge shall be absolutely void and the property so sold or pledged may be recovered by the seller or pledgor by civil process : 837 ■21 Proviso Cap. 89 LIQUOR LICENSE U. 0. Provided always that none of the provisions of this section shall apply to transactions between parties holding respectively wholesale and retail licenses under the provisions of this Or- dinance. No. 7 of 1897, s. 66. Gambling, disorderly conduct, etc prohibited Games of chance, etc.. prohibited Hi. Any licensee who permits gambling, drunkenness, or any violent, quarrelsome, riotous or disorderly conduct to take place on his premises, or sells or delivers any intoxicating liquor to any drunken person, or permits and suffers any drunken person to consume any intoxicating liquor on his premises, or permits or suffers persons of notoriously bad character to assemble or meet on his premises .shall (in addition to any other punish- ment provided by law) 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. No. 7 of 1897, s. 67. Hi. Every description of gaming, playing at cards, dice or any game of chance, with betting or with a view to determine as to who .shall pay for any liquor consumed or to be consumed, is hereby strictly forbidden and prohibited in any licensed premises in the Territories, and any proprietor, owner or 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 impriso.^ed for a term not less than one month nor more than two months. Arrest on view (2) Any pi'oprietor, owner or licensee of any such place allowing 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. No. 7 of 1897, s. 68. Penalty for harbouring constable 14. Any licensee who knowingly harbours or knowingly suffers to remain on his premises any constable during any part of the time for such constable to be on duty (unless for the purpose of keeping or restoring order or in the execution of his duty) or supplies any liquor by way of gift or sale to any constable on duty unless by authority of some superior officer of such c^aistable or bribes or attempts to bribe any con- stable shall be guilty of an offence and on summary conviction thereof be liable to a penalty of not less than $25 nor more thaa $50 and in default of payment forthwith after conviction to not less than one nor more than two month.s' imprisonment No. 7 of 1897, s. 69. Intoxicated persons may be refused admittance or expelled 15. Any licensee may refuse to admit to the premises in respect of which his license is granted any pei-son who is in- toxicated and may refuse to admit to and may turn out of the 838 1898 LIQUOR LICENSE Cap. 89 22 premises any person who is violent or quarrelsome or disorder- ly and any person whose presence on his premises would sub- ject the licensee to a penalty under this Ordinance ; and any Penalty 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. No. 7 of 1897, s. 70. 76. Every person who makes or uses or allows to be made Communica- or used any internal communication between any licensed pre- ucensed^^^" mises and any unlicensed premises which are used for public P^^?^^^*^g^g|°^ entertainment or resort or as a refreshment house shall be premises used guilty of an offence and on summary conviction thereof be entetoinment liable to a penalty of $50 for every day during which such com- ^-ehaity tor munication remains open and in default of payment forthwith after conviction for every day as aforesaid to one month's im- prisonment. No. 7 of 1897, s. 71. 77. Any licensee who allows to be supplied in his licensed Liquor premises by purchase or otherwise any description whatever of mmors liquor to any person under the age of eighteen years, of either ^en'l\ty tor sex, shall as well as the person who actually gives or supplies the liquor be guilty of an offence and on summary conviction thereof be liable to pay a penalty of $25 for a first offence and 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. (2) Any hotel licensee who knowingly allows any male Females under the age of eighteen years or any female to dispose of ''^'""^ ''''"°'' any form of intoxicants on the premises for which such license is granted shall be liable to all the penalties provided for in this section, provided that ' this shall not apply to female Pi-oviso licensees or the wife of a licensee. No. 7 of 1897, s. 72. 18. No person shall recover or be allowed to set-off any charge for charge for intoxicating lii|Uors in any quantity less than oneq^"°tjA"ggg gallon delivered at one and the same time; and special ties, '°^n one bills, notes, agreements or accounts stated, given or made in le reoo'^^ei'ed whole or in part for or to secure any such charge shall be void ; but nothing herein contained shall extend to any charge made Exception by an hotel licensee against any boarder or traveller ; it shall not be necessary for any person taking advantage of this section to plead the same specially but he may raise the objection at any stage of the case. (2) No person resident within one mile of such hotel or licensed premises shall be considered a traveller within the meaning of this section. No. 7 of 1897, s. 73. 839 23 Cap. 89 LIQUOR LICENSE CO. ■Suicide or accidental death while intoxicated, person supplying liquor liaole to action TO. Whenever in any hotel or other house or place where intoxicating liquors of any kind are sold, whether legally or illegally, any person has drunk to excess of intoxicating liquor of any kind therein fui'nished to him and while in a state of intoxication from such drinking has come to his death by sui- cide or drowning or pei'ishiug fi-om cold or other accident occasioned by such intoxication the person whether the keeper or employee of such hotel, house or other place who delivered to such person the liquor whereby such intoxication was caused shall be liable to an action as for personal wrong at the suit of the legal representatives of the deceased person if such action be brought within three months after such decease but 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 per- sons who for him or in his employ delivered to such person the liquor whereby such intoxication was caused shall be joint- ly and severally liable to an action as for personal wrong at the suit of the legal representatives of the deceased person if such action be brought within three months after such decease but not otherwise and such legal representatives may bring either a joint and several action against them or a several action against any or either of them and by such action or actions may recover such sums not less than $100 nor more than $1,000 in the aggregate of any such actions as may there- in be assessed as damages ; and in the event of final judgment being recovered against any licensee in any action under this section ihe license of such licensee shall thereupon be forfeited and thereafter be null and void. No. 7 of 1897, s. 74. Liquor consumed on premises of wholesale licensee, liquor sold to Ulicit dealer Penalty for 80. Anjr person on summary conviction of any of the fol- lowing offences shall be liable to a penalty of $iO and in de- fault of payment forthwith after conviction to two month's imprisonment : 1. Any wholesale licensee who allows any liquor sold by him or in his possession and for the sale of which a license is re- quired, to be consumed within his warehouse or within any buildinsj of which such warehouse forms part or which com- municates by any entrance with such warehouse, either by the purchaser thereof or by any other person not usually resident within such building ; 2. Any person who sells liquor by wholesale to any person who he knows or has reason to believe is selling liquor without a license ; 3. Any licensee licensed to sell liquors not to be consumed on the premises who takes or carries or employs or suffers any other person to take or carry any liquor out of or from the premises of such licensee for the purpose of being sold on his account or for his benefit or profit and of being consumed in any other house or in any tent, shed or other building of any kind whatever belonging to such licensee or hired, used or oc- cupied by him. 840 1898 LiQtJOE LICENSE Cap. 89 24 (2) In any proceeding under this section it shall not be ne- Evidcuuein cessary 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. No. 7 of 1897, s. 75. 81. No person shall sell by wholesale or by retail or shall saie without keep or have in any house or other place whatsoever any p^ohftited liquor for the purpose of selling, bartering or trading therein without having lirst obtained a license authorising him so to do ; and any sale or other disposal of liquor by any association, body of persons or club not incorporated by special Ordinance of the Territories or by the servant or agent thereof to the members thereof or to any other person without such license shall be a violation of section 85 of this Ordinance : Provided that the provisions of this section shall not prevent proviso any chemist or druggist duly registered as such from keeping, ancidruggiMts having and, subject to the further provisions of this section, may sell for selling liquors for strictly medicinal or mechanical purposes ; purposes but no such sale for medicinal purposes shall be made in pack- ages of more than six ounces at any one time except under certificate from a registered medical practitioner; and it shall be the duty of every such chemist or druggist to record in a book to be open to tlie 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 sucii liquor is sold and the certificate of the medical practitioner, if any ; and in default of sale or disposal being so placed on record every such sale or disposal shall prima facie be held to be in contravention of the provisions contained in this section ; Provided that any wholesale druggist may without license Proviso 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 accord- ing to any formula of the British or United States pharma- copoeia ; Provided always that no person authorised to sell liquors as provided by this section shall allow any liquors sold by him or on his premises to be consumed within his shop or the premises of which such shop forms part. (2) Any chemist or druggist who colourably for medicinal penalty for purposes sells liquor to be consumed by any person as a bever- orffnamc age shall on summary conviction thereof be liable to a penalty of S50 and in default of payment forthwith after conviction to one month's imprisonment. No. 7 of 1897, s. 79. 82. Violation of any of the provisions of section 64 hereof Penalty for 841 25 Cap. 89 LIQUOR LICENSE C. 0. selling rturing shall be an offence for which the person violating shall be liable prohibited . , . '^ " hours on summary conviction: For the first offence to a penalty of not less than $50 or more than $100 and in default of payment forthwith after conviction to not less than two months' or more than four months' imprisonment; For the second or any subsequent offence to a penalty of not less than $100 or more than $200 with absolute forfeiture of license and in default of payment forth- with after conviction to not less than four nor more than six months' imprisonment with absolute forfei- ture of license. No. 7 of 1897, s. 81. Penalty for medical practitioner evading Ordinance 83. Any medical practitioner who colourably for medical purposes gives a certificate or requisition without which liquor could not lawfully be obtained in quantities of more than six ounces, to enable or for the purpose of enabling any person to obtain liquor to drink as a beverage shall be guilty of an offence and on summary conviction thereof be liable to a pen- alty of $50 and in default of payment forthwith after convic- tion to one month's imprisonment. No. 7 of 1897, s. 82. Allowing liquor to be consumed on S remises not censed therefor 84. Any person not licensed to sell liquor to be drunk on the premises who allows or permits liquor purchased from him to be drunk on the licensed premises shall be guilty of an offence and on summary conviction thereof (unless it is made to appear to the justice before whom the offence is charged that such drinking was without his privity or consent) shall be liable to the following penalties ; For the first offence, a penalty of $50 and, in default of payment forthwith after conviction, one month's im- prisonment ; For a second offence, a penalty of $100 with absolute forfeiture of license and, in default of payment forthwith after conviction, imprisonment for three months and 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 liquor 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. No. 7 of 1897, s. 83. Penalty for selling liquor without a license H5, Any person who sells or barters liquor of any kind without the license therefor by law required shall be guilty of an offence and on summary conviction thereof : 842 1898 ' LIQUOR LICENSE Cap. 89 2fi For the first offence be liaVile to a penalty of not less than ••J-SO nor more than $250 and in default of payment forthwith after conviction to not less than two months' nor raoi-e than six months' imprisonment ; For a second offence be liable 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 ; For a third or subsequent offence be liable to a penalty of not less than $500 nor more than Si ,000 and in default of payment forthwith after conviction to not less than nine months' nor more than two years imprisonment. No. 7 of 1897, s. 84. 86. Every person who by falsely representing himself to be paise a lodger or traveller buys or obtains or attempts to buy or ob- pJ|^?JJ^]?^^JJJj. tain at any premises any liquor during the period when such premises are required to be closed as to the sale thereof in pursuance of this Ordinance shall be guilty of an offence and on summary conviction thereof shall be liable to a penalty of $20 and in drifault of payment forthwith after conviction to one month's imprisonment. No. 7 of 1897, s. 89. 81. Neither the chief inspector nor any inspector of any inspector shall license district shall either directly or indirectly receive, take g^'j,™"®'"''® or have any money whatsoever for any license, repoi-t, matter or thing connected with or relating to any grant of any license or receive, take or have any note, securitj' or promise for the payment of any such money or any part thereof from any person or persons whatsoever ; and any person or persons Penalty guilty of or concerned in or party to any act, matter or thing contrary to the provisions of this section shall be guilty of an offence and on summary conviction thereof be liable to a pen- alty of $200 and in default of payment forthwith after con- viction to imprisonment for three months. No. 7 of 1897, s. 90. 88. Any commissioner, inspector, officer or other person Penalty for who contrary to the provisions of this Ordinance knowingly g^^^'°ijPf|B|^ issues or causes or procures to be issued any liquor license or a certificate therefor shall be guilty of an offence and on sum- mary conviction thereof be liable to a penalty of $250 and in default of payment forthwith after conviction to impi-isonment for .six months. No. 7 of 1897, s. 91. S9. Any person who having or being charged with having Penalty for violated any of the provisions of this Ordinance, compromises, q^p,™"'''"^ 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 there- of or, if a complaint has been made, with the view of getting rid of such complaint or of stopping or having the same dis- missed for want of prosecution or otherwise shall be guilty of an offence and on summary conviction thereof be liable to in- cur a penalty of $100 and in default of payment forthwith 843 27 Cap. 89 LIQUOR LICENSE C. 0. after conviction to imprisonment for two months. No. 7 of 1897, s. 92. Penalty for being pary to composition DO. Every person who is concerned in or is a party to the compromise, composition or settlement mentioned in the next preceding section 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 imprison- ment. No. 7 of 1897, s. 93. Penalty for assisting to avoid arrest Convictions operating as forfeiture Penalty for offences not specially provided for Contravention of Ordinance by employee of licenHce 9i, Any one isnowing or having reason to believe that an order to commit to gaol has been issued against any person un- dSr this Ordinance who prevents the arrest of such person or procures or facilitates by any act or counsel or in any other manner whatsoever his avoidance of arrest or who provides such person with the means of avoiding arrest shall be guilty of an offence and on summary conviction thereof be liable to a penalty of $50 and in default of payment forthwith after conviction to two months' imprisonment in addition to any other penaltj' provided by law. No. 7 of 1897, s. 94. 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. No. 7 of 1897, s. 95. 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 SlOO and in default of payment forthwith after conviction to imprisonment for not less than one month nor more than four months. (2) The license of any licensee convicted of any violation of the provisions of section 94 of an Act of the Parliament of Canada intituled An Act respecting Indiana and anj' amend- ments thereto shall upon such conviction be forfeited and thereafter be null and void. No. 7 of 1897, s. 96. 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 prosecutions under sections 64 hereof such presumption may be rebutted by proof of explicit instructions to the con- trary by such licensee, and any such servant, agent or employee contravening any of the provisions of this Ordinance and dis- obeying any such explicit instructions shall be liable on sum- mary conviction to imprisonment for not less than ten days or more than three months without the option of a fine No 7 of 1897, s. 97. 844 1898 LIQUOR IJCENSE Cap. 89 28 95. Except as provided in the preceding section the occu- Occupant of pant of any house, shop, room or other place in wliich any "^'^"^^'^ *^ sale, barter or traffic of liquors, or any mntter, act or thing in contravention of an}' of the provisions of this Ordinance has taken place shall he personally liable to the penalty prescribed for such offence, as the case may be, notwithstanding such sale, barter or traffic be made 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 i>uch occupant or to act in any way for such occu- pant shall be conclusive evidence that such sale, barter or traffic or other act, matter or thing took place with the authority and by the direction of such occupant. No. 7 of 1897, s. 115. 96. Every licensee failing to post up a synopsis of this Or- Failure to dinance on being requested to do so by the inspector shall be^f o/^n°Pce guilty of an offence and on summary conviction thereof be liable to forfeit ¥25 ; such sj-nopsis shall be printed in such languages as the board may direct. l^Jo. 7- of 1897, s. 101. POWERS OF INSPECTORS AND OFFICERS. 91. Any police officer, policeman or constable or inspector officers may of licenses shall fdr the purpose of preventing or detecting the gg^y^jf"*^ violation of any of the provisions of this Ordinance which it is premises his duty to enforce, at any time have the right to enter into any and every part of any hotel or other place wherein refresh- ments or liquors are sold or reputed to be sold whether under license or not and to make searches in every part thereof and of the premises connected therewith as he may think necessary for the purpose aforesaid. (2) Every person being therein or having charge thereof Penalty for who refu.ses or faiK to admit such police officer, policeman, a^ittfnce constable or inspector demanding to enter in pursuance of this t° "^^^^a section in the execution of his duty or who obstructs or at- tempts to obstruct the entry of such police officer, policeman, constable or inspector or any such searches as aforesaid shall be guilty of an offence and on summary conviction thereof be liable to a fine of iSoO and in default of payment forthwith after conviction to one month's imprisonment in addition to iiny other punishment in such case provided. No. 7 of 1897, s. 77. 98. Any justice if satisfied by information on the oath of search any police officer, policeman, constable or inspector that there ■"'*'"™"' is reasonable ground for belief that anj- spii-ituous or fer- mented liquor is being kept for sale or disposal contrai-y 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 S4.3 29 Cap. 89 LIQUOR LICENSE C. 0. Seizure and forfeiture of liquor and vessels force the place named in the warrant and every part thereof and of the premises connected therewith and to examine the same and search for liqaoi' therein ; and for such purpose such person may if necessary with such assistance as he deems ex- pedient break open any door, lock or fasteninofs of such pre- mises or any part thereof or of any closet, cupboard, box or other article suspected to contain any such liquor; and in the event of any liquor being so found unlawfully kept on the said premises the occupant thereof shall until the contrary is proved be deemed to have kept such liquor for the pniposes of sale contrary to the provisions of section 81 of this Oidinance 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 majr be fined or imprisoned therefor as pro- vided 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 seize and remove the same and the vessels in which the same is kept and upon the conviction of the occupant of such house or place or any other person for keep- ing liquor for .sale in such house or place without licen.se the justice making such conviction may in and by the said con- viction or by a separate and subsequent order declare the .said liquor and vessels or any part thereof to be forfeited to Her Majesty to be sold or otherwise disposed of as the attorney general may direct; and the proceeds of any such sale shall be forthwith transmitted to t.he Territorial treasurer to form part of the general revenue fund. No. 7 of 1897, s. 78. Authority of 99. Police officers, policemen and constables shall have full policemen and authority to enforce any of the provisions of this Ordinance. constables No. 7 ot 1897, s. 125. 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. No. 7 of 1897, s. 98, Description of offences Negitiving exemptions 101. The de.scription of any offence under this Ordinance in the words of this Ordinance or in words of like effect shall he sufficient in law ; and any exception, exemption, provision, excuse or qualification, whether it does or does not accompany the description of the offence in this Ordinance, may be proved by the defendant but need not be specified or negatived in the information ; but if it be so specified or negatived no proof in relation to the matter so specified or negatived shall be re- quired on the part of the informant or complainant. No. 7 of 1897. s. 99. 846 1S98 LTQUOU LICENSE Cap. 89 oO 103. Several charges of contravention of this Ordinance Several committed by the same person may be included in one and the charge! in one same information or complaint ; i)rovided that such information complaint and complaint and the summons imaued thereon contains speci- fically the time and place of each contravention. No. 7 of 1897, s. 100. 103. In describing the offences respecting the sale or other Describing disposal of liquor or the keeping or the consumption of liquor f^or^^ations in any information, summons, conviction, warrunt or proceeding^'", under this Ordinance it shall be sufficient to state the sale, dis- posal, 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 dit^posed of or by whom it was consumed ; and it shall not be necessary to state the quantity of liquor so sold, dispo.sed of, kept or consumed, except in the CHse 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. No. 7 of 1897, s. 102. 104. The forms set forth in schedule 2 to this Ordinance, Forms or any forms to the like effect, shall be sufficient in the cases thereby respectively provided for ; and when no forms are prescribed by the said schedule they may be framed in accor- dance with Part LVIII of The Criminal Code 1892. No. 7 of ] 897, s. 103. 105. The proceedings upon informations for an offence Proceedings against any of the provisions of this Ordinance, in a case^ev^ous where 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 o^noeto°he guilty thereof he shall then and not before be asked whether t"ed first 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 previously convicted or does not answer such question, the justice shall then inquire concerning such previous conviction or convictions ; 2. Such previous convictions may be proved prima facie by Proof of the production of a certificate purporting to be under the hand convi?tfon of the convicting justice or the clerk of the court to whose office the conviction has been returned, without proof of sig- nature or official character ; 3. In the event of any conviction for any second or subse- subsequent quent offence becoming void or defective after the making f°"or]^'er" thereof bv reason of any previous conviction being set aside, quashed may 11 ■ 1 1 • 1 ii • J.- 11 'be amended 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 .'-hall thereupon upon proof of the due service of such sum- mons if such person fails to appear, or on his appearance, 847 in Cap. 89 ijyUuu LICENSE CO. Convictions under s. 92 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 con- viction shall thereupon be held valid to all intents and pur- poses, 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 otfence against any provision of any of the said sections such conviction shall be deemed a conviction fur a second otfence witliin the meaning of the said section and shall be dealt with and punished accordingly although the two convictions may have been under diffei-ent sections. No. 7 of 1897, s. 104. Conviction for several olfences 106. Convictions for several offences may be made under this Ordinance although such offences may have been com- mitted on the same day; but the increased penalty or punish- ment hereinbefore imposed shall only be incurred or awarded in the case of offences committed on diff'ei-ent days and after information laid for a first offence. No. 7 of 1897, s. 105. Commissioner or inspector not to act as J. P., etc. lOT. No member of the board of license commissioners or in.spector of licenses who is a justice shall try and adjudicate upon any complaint for an infraction of any of the provisions of this Ordinance committed within the Territorial limits for which he is a commissioner or inspector. No. 7 of 1897, s. 106. Record of conviction to be indorsed on license Production of license Indorsement Entry in register Where effect is forfeiture chief inspector to be notified 108. Whenever a licensee is convicted of any offence against the provisions of this Ordinance a record thereof shall be in- 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 ; 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 ^jrwiiayacie evidence of such conviction where such is subsequently required ; 3. The chief inspector 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 chief inspector in writing of any con- victions they have made ; 4. Where the conviction of any such person has the effect of causing the forfeiture of the license or of disqualifying any person for the purposes of this Ordinance the license shall be forwarded by the justice with notice of such forfeiture or dis- qualification to the chief inspector. No. 7 of 1897, s. 107. Certificate of conviction 100. The justice on any conviction of a licensee for an «48 1^98 LIQUOR LICENSE Cap. 89 32 offence against this Ordinance shall send forthwith to the chief inspector a certificate of such conviction. No. 7 of 1897, s. 108. 110. For the additional duties imposed by the tsv^o next costs allowed preceding sections the justice shall be entitled to charge as costs '°-''^^'''°* in the proceedings the following sums : 1. For making up and forwarding certificate of conviction to the chief inspector the sum of fifty cents ; 2. For recording the conviction on the license the sum of fifty cents. No. 7 of 1897, s. 109. 111. When not otherwise provided a third conviction of a Third licensee for any violation or contravention of the provisions of forfeitsTicense this Ordinance .shall ipso /wcio operate as a forfeiture of his^fj^^^^^gg license and disqualify the person convicted from obtaining a license for three years thereafter. No. 7 of 1897, s. 110. * EVIDENCE, ETC. 113. In any prosecution or proceeding under this Ordin- Certificate i.,*''^j.. •i'^ ,. ° T . of chief ance in which prooi is required respecting any license or in- inspector terdiction order, a certificate purporting to be under the hand of the chief inspector shall be prima facie proof of the exis- tence of such license or interdiction order and of the identity of the person to whom the license was granted or transferred, or against whom the order 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 chief inspector without any proof of his appointment or signature. No. 7 of 1897, s. 111. 113. Any regulation made by the board shall be sufiiciently Proof 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 siS prima facie evidence in any court of justice without proof of the signature or signatures unless it is specially pleaded or alleged that the signature or signatures to any such original resolution have been forged and evidence of such forgery has been adduced by the person accused sufficient in the opinion of the court to make the proving of the signature or signatures advisable. No. 7 of 1897, s. 112. 114. Any house, shop, room or other place in which it is AppUances proved that there exists a bar, counter, beer pumps, kegs, jars, evidence ''^'^'^^ decanters, tumblers, glasses or any other appliances or prepara- tions similar to those usually found in hotels and shops where liquors are accu.stomed to be sold or trafficked in shall be deemed to be a place in which liquors are kept or had for the purpose of being sold, bartered or traded in, in contravention of section 81 of this Ordinance unless the contrary is proved by the defendant in any prosecution ; and the occupant of such house, shop, room or other place shall be taken to be the person 54 849 83 Cap. 89 LIQUOR LICENSE CO. Proof of contraTention who has or keeps therein such liquors for sale, traffic or barter therein. No. 7 of 1897, s. 113. 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 nature of a sale or other disposal actually took place or that any consumption of liquor was about to take place ; and proof of consumption or intended consumption of liquor on premises in respect to which a license is I'equired under this Oidinance 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. No. 7 of 1897, s. 114. 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 v^itness should depose direct- ly to the precise description of the liquor sold or bartered or the precise consideration therefor. No. 7 of 1897, s. 116. What prima 111. The fact of any person not being a licensee keeping up 'aeie evidence • ■:• • ,■ ,v ^ • i. u- of sale 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 induce a reasonable belief that such house or premises is or are licen- sed for the sale of any liquor or that liquor is sold or served therein or that there is on such premises more liquor than is reasonably required for the persons residing therein shall be deemed prima facie evidence of the unlawful sale of liqiior by such person. No. 7 of 1897, s. 117. Precise description of liquor unnecessary Proof of licenses 118. The production of a license which on its face purports to be duly issued and which were it duly issued would be a lawful authority to the defendant for such an act of omission shall be -prima Jacie evidence that the defendant is so authoris- ed ; and in all cases the signature to and upon any instrument purporting to be a valid license b\\&\\ prima facie be taken to be genuine. No. 7 of 1897, s. 118. COSTS TO INSPECTOES. Costs allowed inspector attending court as prosecutor or witness 110. In any prosecution under this Ordinance if an inspector attends the court as prosecutor or witness it shall be lawful for the justice trying tlie 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 actual- ly to be paid by him ; (6) If he travels by a hired conveyance the sums actually required to be paid by him for conveyance, stabling and feed ; 850 1898 LiQU('R LICENSE Cap. 89 34 (c) If he travels in his own conveyance, ten cents per mile each way ; {d) To cover all other expenses, $2 per day actually occupied in going to, attending at and returning from the trial ; (e) In cases of adjournment at the instance of the defen- dant similar additional allowances to be made when the inspector is actually in attendance. (2) The foregoing expenses shall be verified by the oath of the inspector. (3) In case the person convicted does not pay such costs but is committed to gaol in default of payment the inspector shall be entitled to be paid the amount out of the general revenue fund. (4) In cases of prosecution by inspectors when no 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) This section shall not apply to any inspector who re- ceives salary in lieu of all other charges and expenses. No. 7 of 1897, s. 119. INTERDICTION. 1 30. When complaint has been made to a justice that any interdiction person by excessive drinking of liquor mis.«pends, wastes, orf^f gj.^^^^ lessens his estate or greatly injures his health or endangers or procedure interrupts the peace and happiness of his family, the said justice shall institute proceedings under part LVIII of Tke Griviinal Code 189^ against such person and on finding the complaint 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 one year. No. 7 of 1897, s. 85. 131. Immediately after granting the order provided for in Notice of the next preceding section the justice making the same shall be given to° '" transmit it together with the complaint and any evidence ^°®"^*®® taken thereon before him to the chief inspector 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 Penalty for have been so prohibited any person with a knowledge of such ii^uoA"^ prohibition who gives, se'ls, purchases or procures any liquor '"'^3^'^*°''^'^ for or on behalf of such prohibited person or for his or her use such other person shall be guilty of an offence and upon sum- mary conviction thereof shall be liable for every such offence to a penalty not less than $50 nor more than $200 and, in default of payment forthwith after conviction, to not less than two months' nor more than twelve months' imprisonment, and if a licensee his license shall be forfeited. No. 7 of 1897, s. 86. 54^ 851 35 Cap. 89 LIQUOR LICENSE CO. Certain persona may require inspector to give interdiction notice Examination of interdicted person as witness Penalty for supplying liquor to interdicted person 133. The following persons, viz. — (a) Any husband or wife whose wife or husband has con- tracted the habit of drinking intoxicating liquors to excess ; (6) The person himself or the father, mother, brother, sister, curator, guardiiin 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 the inspector for the district to give notice in writing in form L appended hereto, signed by him, to every licensee in the license district and in any other license district adjacent thereto that he is not to sell or deliver any liquor to the person named. (2) In any prosecution or proceedings under this and the 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 gound that his evidence will tend to criminate himself ; and any such person so required to be examined as a witness who refuses to make oath accor- dingly or to answer any such question shall be subject to be dealt with in all respects as any person appear- ing as a witness before any justice or court and refusing with- out lawful cause or excuse to be sworn or give evidence may b}' law be dealt with ; and every person so required to be examined as a witness who upon such examination makes true disclosure to the best of his knowledge of all things as to which he is examined shall receive from the justice before whom such proceeding is had a certificate in writing to that effect and shall be freed from all prosecutions and from all penalties and punishments to which he has become liable for anythino- 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 disclosure in respect to all things as to which he was exainined. (8) Whenever the sale of liquor to any such drunkard shall have been so prohibited any person with a knowledge of such prohibition who gives, sells, purchases or procures for or on behalf of such prohibited person or for his or her use any 852 ^ 1898 LIQUOR LICENSE Gap. 89 36 liquor, such other person shall be guilty oP an offence and upon summary conviction thereof be liable to incur for every such offence a penalty not less than l|50 nor more than $200 and in default of payment forthwith after conviction to not less than two month-j' nor more than twelve months' imprisonment and if a licensee his license shall be forfeited. No. 7 of 1897, s. 87 ; No. 40 of 1898, 8. 12. i'iS. Any person to whom the sale of liquor has been pro- interdicted hibited under this Ordinance who either directly or indirectly Pbteining in any way procures or permits the sale, disposal, g;ift or deli- "i"°i' very to him by any person of any intoxicating liquor shall be Penalty liable on summary conviction thereof to a fine of not more tlian $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 defen- dant 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 dehvery of liquor has been made. No. 7 of 1897, s. 88. OPTION CLAUSES. 134. No license shall be granted by the board for the sale Local option of liquors within the limits 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 sum Proceedings of $100 to defray the expenses of the poll hereinafter specified, ^g^^,^^''®" ^^ to any member of the board from a number of the electors of any board district (estimated as near as may be at at least one-fifth of the total number of electors of the district, the basis of such estimate being the number of electors who voted at the last election of a member of the Legislative Assembly), 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 $1( 0, to scrutinise the names of the electors attached to such requi- Preparation sition, and being satisfied that the names so attached are those "' ™'''"""^' of duly qualified electors within the district, and after the per- son or persons who have witnes-^ed the signatures to the said requisition shall have sworn before a justice or a notary public — (a) That he, the said witness, or they, the said witnesses, were present and saw the said electors sign the said requisition ; (&) That the said electors signed the said requisition with- in 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) ; 853 Cap. 89 LIQUOR LICENSE C. 0. Returning officer When poll to be taken Powers of returning officer Deputy" returning officer and clerka Deputy returning officer may- administer oath 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 nearest to the said district- Firstly, appoint one of the inspectors for the district or other person to act as returning officer ; and Secondly, fix the places and day at and in which the poll shall be taken ; The places so fixed for the taking of the poll shall be as many in number and in such paits of the district as shall be sufficient in the opinion of the returning officer to record a full vote of the electors of the district ; the returning officer shall there- upon give public notice of the taking of such poll in all the newspapers if any published within the district, the publication to be continued in at least one number of each of such papers each week for three successive weeks, and also by posting up such notices or copies of the same at the post offices within such district ; such poll shall be held in the month of October or November next ensuing on such day as shall be most con- venient 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 election of a member of the House of Commons of Canada and shall have all the powers of appointing and swearing constables. (4) The returning officer shall appoint a deputy returning officer for each polling division comprised in the license district 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 schedule Q of the Act of the Parliament of Canada which may be cited as Tlie Dominion Elections Act, before the nearest resident justice or commissioner for taking affidavits and shall be subject to the same'penalties for the neglect or the improper discharge of their respective duties as are imposed on similar officers in case of an election of a member for the House of Commons of Canada. (.5) Every deputy returning officer shall administer to any elector if required either one or both of the followincr oaths : 854 1898 LIQUOR LICENSE Cap. 89 38 No. 1. You do swear thot you are a male British subject ; that you Form of oath have attained the full age of twenty-one years ; that you are not an unenfranchised Indian ; and that you have resided in the North-West Tei-ritories for at least the twelve months and in this license district for at least the three months respec- tively immediately preceding this date. So help you God. No. 2. You do swear that you have not received any money or Form of oath 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 Proceedings voting the deputy returning officer shall cause the full name, oatTtaken " 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 " °^^ " 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 " °^^ " 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 poif"°*^"^ several clauses thereof under the headings "The Poll," "Secre- tary," " Penalties, " " Preservation of Peace," " General Provi- sions," " Prevention of Corrupt Practices, " and " Penalties and Punishments Generally" shall be read and construed as a part of this Ordinance except where the same may be inconsistent with any of the nrovisions herein contained. (8) Immediately after the close of the poll the deputy re- Proceedings turning officer shall in the presence of the poll clerk if there be ^* "1°^^ "'^ p°" one and such of the electors (of whom there shall not be moj e 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 Examining on the back of which his initials are not found or on which ^^'^^°^ p^p®""^ anything 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 °^J«''*"'°^ question arising out of the objection ; 3 Number .such objection and place a corresponding number Numbering on the back of the ballot paper with the word "allowed" or °^J'='=''°"^ "disallowed" as the case may be with his initials ; 855 m Cap. 89 LIQUOE LICKNSE CO, Written statement of number of Totee Certificate of deputy returning officer 4. Count the ayes and noes from the ballot papers not re- jected and make a written statement of the number of votes 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 authorised to be present as may desire to sign the same ; 5. The deputy returning officer shall then certify under his own hand in full words on the voters' list the total number of persons who have voted at the polling place at which he is ap- pointed and make up into separate packets — (a) The statement of votes given for or against the grant- ing of licenses respectively and of the rejected ballot papers ; (6) The used ballot pajsers which have not been objected to and which have been counted ; (c) The ballot papers which have been objected to but which have been counted ; (d) The rejected ballot papers ; (e) The declined and cancelled ballot papers ; (/) The voters' list; which packets closed up and sealed with his own seal and with the seal of any persons present desiring to affix their seals thereto and marked on the outside with a memorandum de- signating their respective contents shall by the deputy return- ing officer be transmitted forthwith to the returning officer. Declaration of (9) ^^ the time and place fixed for declaring the result of result of poll the poU 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. Ballot boxes, (10) As soon as possible after the result has been announced disposition of the ballot boxes, packets and returns shall be deposited in the office of the board. (11) Objections to any act or proceeding under this section must be made in writing and filed in the office of the board within eight days after the ballot boxes, packets and returns are deposited in the said office ; such objections shall be consi- dered and adjudicated upon by che 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 pay- ment of the sum of $100 by the oDJector 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 how- ever 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 ob- jections had been found. (12) Nothing in this section shall be construed as permitting any of the proceedings had or papers filed or notices required therein to be vitiated or set aside by reason of any mere want 856 Objections to proceedings Defect of form or irregularity 1898 UQUOR LICENSE Cap. 89 40 or defect of form or any irregularity in the drawing up or execution of the same. (13) The decision of the three-fifths of the electors against when decision the granting of licenses as declared at the poll shall come into jn^ofo?"® 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 when new this section then no new vote other than that provided for inj°^l^^^^^ this section shall be taken for a period of three years there- after. (15) The expenses for the taking of such vote over and above Expenses to the sum of $100 provided to be paid under this section shall be ^0^^®!™^^'^^.^^; defrayed out of the general revenue fund of the Territories, revenue fund such expenses to be certified to by the board for the district in which the vote has been taken ; in the event however of the expenses of such vote being less than the $100 deposited as above, the balance thereof remaining after such expenses have been paid shall be returned to the parties depositing the same. No. 7 of 1897, s. 43. PARTIAL REPEAL OF NORTH-WEST TERRITORIES ACT. 1?J5. Sections 92 to 100 both inclusive of The North- West Sections 92 to Territories Act, chapter 50 of The Revised Statutes oj OanacZo-iict "repealed ' together with all amendments thereto in so far as they apply to the Territories comprising the several electoral divisions men- tioned in the schedule to chapter 22 of the Act of the Parlia- ment of Canada 54-5.5 Victoria intituled An Act to amend the Acts respecting the North- West ^territories are hereby repealed except as to all that portion of Alberta north of a line drawn 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 5S 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 siid portions of the Territories the said sections of The North-West Territories Act remain in full force and effect. No. 7 of 1897, s. 123 ; No. 38 of 1897, s. 55 ; No. 40 of 1898, s. 12. MEMBERS OF ASSEMBLY. 136. No member of the Legislative Assembly except he be Members of a licensee shall be a party to any bond to be given under this^|f^^''b"r Ordinance nor shall he" be a party to any petition under this Ordinance. No. 7 of 1897, s. 124. 857 41 Cap. 89 LiQUOE license C. 0. SCHEDULE I. FORM A. (Section 28.) To the License Commissioners : The petition of the undersigned humbly sheweth : That youi- petitioner makes application for a renewal o/(l) 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 recommendation of at least ten out of the twenty nearest householders to the said also his own affidavit and the affidavit of two respectable neighbours to prove his qualification to ob- tain a license.] And your petitioner prays that a license may be granted him accordingly. (1) If a first application strike out the words in italics ; (2) Insert description of license as hotel or wholesale ; (3) Here give f toll description of premises ; (4) The words in bracJcets to be left out where form B not re- quired. FORM B. (Sections 28, 29, Si, 37, 38, 4.0.) We the undersigned hereby severally declare that is personally known to us, that we are at least ten of the twenty householders nearest in a direct line to the wherein the applicant intends to sell intoxicating liquors as specified in his jietition ; 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 a,t in the electoral district of and we consider it for the convenience of the public that a license should be granted to the said applicant. 858 1898 LIQUOR LICENSE Cap. 89 42 Name. 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 re- commendation 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.R. J'P., or Commi'., etc. FORM C. (Section 28.) I, 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 \ . C A. R, ) A J ustice of the Peace or A Commissioner, etc. FORM D. (Section 38.) We, and oath and say : That we are neighbours of for a license to sell intoxicating liquors. That he is personally known to us ; do severally make , applicant That he is of the full age of twenty-one years ; That he has never been convicted of any criminal offence 859 43 Cap. 89 liquor license C. 0. subject to imprisonment for five years or upwards to our know- ledge ; 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. FORM E. (Section 1^7.) Form of Bond by Applicant for an Hotel or Whole- sale License. Know all men by these presents that we of of and of are held and firmly bound unto Her Majesty Queen Victoria, Her 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 administratoi'S 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 obligation is therefore such that if the said pay all fines and penalties which he may be condemned to pay for any offence against any statute or other provision having the force of law now or hereafter to be in force relative to such license for the sale of liquor and does, performs and observes all the requirements thereof and conforms to all rules and regu- lations that are or may be established by competent authority in such behalf ; then this obligation shall be null and void, otherwise i(; 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 f [l.s.] [L.S.] [L.S.] 9 860 1898 LIQUOR LICENSE FORM F. {Sections IS and 32.) License. of Cap. 89 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., Chief Inspector. 44 FORM G. {Sections 36, 38 and ^3) 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. Date of signing. I, the undersigned, do certify that all persons whose names are appended to the above prote!>t are personally known to me and have signed in my presence and that they are comprised within the twenty nearest household- ei'S to the for which has applied for a license 861 45 Cap. 89 liquor license C. 0. 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. ] A.B., Justice of the Peace or Commissioner, etc. 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, thre"e 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 Her Majesty and I do hereby order and direct that T. D., license inspector of the of (or J. P W., license inspector of the of ) do forthwith destroy the said liquor and vessels. Given under my hand and seal the day and year first above mentioned at, etc. J. P. If by separate or subseqiuent order : Canada, North-West Territories. To wit : I, E. F., one of Her Majesty's justices of the peace in and for the North-West Territories, having on the day of one thousand at the of in the said North-West Ter- ritories, duly convicted X. Y. of having unlawfully kept liquor without a license, do hereby declare the said liquor and vessels in which the same is kept, to wit : (describe the same as above) to be forfeited to Her Majesty and I do hereby order and direct that /. P. W., license inspector of the of do forthwith destroy the said liquor and vessels. Given nnder my hand and seal this day of at the of in the said E. F. [L.S.J 862 1898 LIQUOR LICENSE Cap. 89 46 FORM J. {Section 120) Canada : "j Be it remembered that on the North-West Territories. > day of ) 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 cow,plaint) 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 of in the said Territories. J.P. FORM K. {Section Wl.) Notice of Interdiction. Regina, A.B., of in the North-West Territories. Sir- In pursuance of The Liquor License Ordinance you are hereby notified that G.L>., of in the District of labourer {or as the case may be) is inter- dicted from the use of intoxicating liquors, on order made by G.H., a justice of the peace in and for the North- West Terri- tories, bearing date the day of 1 and you are required to govern yourself accordingly. You are liable if you give, sell, purchase or procure to, for or on behalf of such prohibited person or for his or her use any iiquor, upon conviction, to a penalty of not less than $50 nor more than $200 and in default of payment to not less than two months' nor more than twelve months' imprisonment, and iif you are a licensee, forfeiture of license. Your obedient servant, E.F., Chief Inspector. 863 47 Cap. 89 LIQUOfi LICENSE C. 0. FORM L. (Section 122.) Notice of Interdiction. Take notice that under the provisions of section 122 of The, Liquor License Ordinance I have been required by (here state name and authority of person vjho h is requested notice to he given) to notify you that you are not to directly or indirectly sell, give or deliver or suffer to be sold, given or delivered to (here insert name and description of person) any intoxicating liquor under a penalty of one hundred dollars and absolute forfeiture of your license. Dated at Regina this day of A.D. 1 E.F., Inspector. 864 1898 LIQUOR LICENSE Cap. 89 48 SCHEDULE 2. Forms b^oR Describing Offences. 1. Neglecting to keep license exposed. That X F., 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 he.) 2. Sale without 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 without 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 prohibited by the The Liquor License Ordinance for the sale of the same, without any requisition for medical purposes, as required by the said Ordinance, being produced by the vendee or his agent. 5. Allowing liquor to he drunk on licensed previises during prohibited 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) liquor to be drunk in such place during the time prohibited by The Liquor License Ordinance for the sale of the same by a person other than the licensee or some member of his family or a lodger in his house. 6. Sale of less than one quart under wholesale license. That X. Y., having a wholesale license on at unlawfully did sell liquor in less quantity than one half gallon {or one reputed quart bottle or two reputed pint bottles as the case may he.) 7. Allowing liquor to he consumed upon wholesale premises. That X. Y, having a wholesale license on at unlawfully did allow liquor sold by him {or in his po.ssession) 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 55 865 49 Cap. N9 LIQUOR license C. O. which communicatps by an entrance with his premises) by a purchaser 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 druggists on at did unlawfully sell liquor for other than strictly medicinal purposes {or sell liquor in pack- ages of moi-e than .six ounces at one time without a certificate from any regi.stered medical practitioner or sell liquor without recording the same,) as required by Ihe Liquor License Ordi- nance. 9. Keeping a disorderly house. That X Y., being the keeper of {house of public entertainment) 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 .'■ell liquor at on unlawfully and knowingly did harbour {or entertain or suffer tw abide and remain) on his premises O.P., a constaiile belonging to a police force, duiiiig a part of the time appointed lor his being on duty, and not fur the pur- pose of quelling a disturbance or restoring order or executing his duty. 11. Compromising or compovrnding a prosecution. That X. Y., having violated a provision of The Liquor License Oniinance, on at unlaw- fully did compromise {or compound, or settle, or offer, or attempt to compromise, compound or settle), the offence with A.£. with the view of preventing any complaint being made in re- spect thereof {or with the view of getting rid of or of stopping or of having the complaint made in respect thereof dismissed, as th<' case may be.) 12. Being concerned, in compromising a prosecution. That X. Y., on at unlaw- fully was concerned in {or a party to) a compromise {or a com- position, or a settlement) of an offence committed by O.P. against a provision of Ihe Liquor License Ordinance. 13. Refusing to adm.it policeman. That XF. 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 ob- struct) E.F. an officer demanding to enter in the execution of his duty {or did obstruct or attempt to obstruct E. I\ an officer making .searches in the said premises and in the premises con- nected with such place.) SGfi 1898 LK^UOK LIC'ENSK Cap. Si) 5(1 14. Ojfflcer refusing to prosecute. That X. Y., being a police officer (or constable o?- inspector of licenses) in and for the knowing that O.P. bail on at committed an offence against a provision of The Liquor Licence Oyc/fr/'i 71 re, unlaw- fully and wilfully did and still does neglect to prosecute the said OP. for his said offence. 15. Refv.shig orfdHing to saj^ply lodqimg, meals or (.iccuDnno- da/Aon to travellers. That F.X., being the keeper of an hotel in respect of which an hotel license has been duly is-ucd and is in force, on at unlawfully failed or refused personally (or through someorio acting on his behalf) to siipply lodgings, meals or accommodation to a traveller as required by The Liqzior License Ordaiuvce. 16. Selliv.g liquor to anyone under eigJdren years of age. That X.I", at on unlawfully did sanction (or allow) to be supplied in his licensed premises by purchase {or otherwise) liquor to a person under the age of eighteen years not being a resident on the premises or a bona fide guest, lodger or tra\ eller. 17. Alloiuing i ntervnl couimunicatioii hetv'eev licensed and an lice used premises. ThatX.F., at on unlawfully did sanction (or allow) to be made or used an in- ternal communication between his licensed premises and un- licensed premises which are used for public entertainments and I'esort {or as a I'efreshment house.) 18. Obtaining liquor by false represerdatio n s. That X. 1"., at on unlawfully did by falsely representing himself to be a lodger, buy or obtain {or attempt to buy or obtain) at liquor during the period during which such premises are re- quired to be closed in pursuance of The lAquor License Ordi- namce. 19. Interdiction. That X.F., by e.\:cessive drinking of liquor misspends, wastes (or lessens if the fact be .^o) his estate {or greatly injures his health or endangers or interrupts the peace and happiness of his family.) FORM M. Form of Information Laid or Complaint .Made, as the CASE may be, Canada : ) The information of A. B., of the North- West Territories. > of in To wit: j the of laid (or complaint made as the cdse may be) upon oath {or affirma- tion) before nie CD., one of Her Majesty's justices of the peace 51 Cap. 89 LIQUOR LICENSE C. 0. in and for the North-West Territories, the day of A.U. one thousand The said informant says he is informed and believes that Z.7, onthe day of A.D. one thousand at the in the of unlawfully did sell liquor without the license therefor by law required {or as the case may he). Laid, sworn, (or affirmed) and signed before me the day and year, and at the place first above mentioned. CD., J. P. A.B. FORM N. Form of Information for Second, Third or Fourth Offence. Canada : j The information of A. B., of North - West Territories. \- etc., laid upon oath (or affir- To wit : ) mation) before me, CD., one of Her Majesty's justices of the peace in and for the North- West Territories, the day of A.D. one thousand The said informant says he is informed and believes that X.Y., on at (describe last offence) : And further that the said X. Y. was previously, to wit : on the day of A.D. 1 , at the of , before E.F., one of Her Majesty's justices of the peace in and for the North- West Territories, duly convicted ( f 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 T. 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 allowed liquor to be consumed within a building which communicates by an entrance within his premises by a person not usually resi(ient within the build- ing of which such premises form a part (or as the case may be) ; 8G8 lf^98 LIQUOR LICENSE Cap. S9 And further that the said X Y. was previously, to wit : on tf>e day of A.D. 1 , in ^'^^ 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., a place where liquor was reputed to be sold) unlawfully failed to admit E. F., an oflBcer demanding to enter in the execution of his duty {or as the case rnay he). And the informant says the offence hereinbefore firstly charged against the said X Y. is hi.s fourth {or as the case may he) 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. A. B. CD., J. P. 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 CD., one of Her 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. 1 at the of in the of unlawfully did sell liquor for other than strictly medicinal purposes {or as the case may be) 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 documents 869 Cap. S'J LlgUOR LtCENSK C. 0. in your possession, custody or control relating to any matter connected with the said prosecution.) Herein fail not. Given under my hand and seal this day of A.D. 1 at the of in the of CD., J.R [L.S.J FORM P. Form of Conviction for First Offence. Canada : North- West Territories. To Wit : Be it remembered that on the day of A.D. one thousand at the of in the of A'. Y. is convicted before me, E. F., one of Her Majesty's justices of the peace in and 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 hi.s premi^jes, being a place where liquor may be sold, unlawfully did sell liquor during the time prohibited by Tlhc Liquor License Or- dinance for the sale of the same without anj- requisition for medicinal purposes as required by the said Ordinance being produced 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 csts in this behalf, and if the said several sums be not paid forthwith, then* I oriler 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 luhere the issuing of a distress warrant irould be ndnoas to the defendant and his fa.mily, or it ap- pears that he has no goods irhcreon to levy a distress, (hen instead of the irovds 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 A'^. 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 A'. 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 C.l)., [L.S.J J, P S7(' 1B98 LIQUOR LICENSE Cap. .s!» 54 FORM Q. Form of Conviction for a Third Offence. Canaia : j North-West Territories. '- To Wit : ) Be it remembered that on the day of in the year of our Lord one thousand at _ of in the X. Y. is convicted before the undersigned C.B., one of Her Majesty's justices of the peace in and for the said Territories for that he the said X. Y. on the day of A.D. one thousand at in the said (as the ca«e may be) having violated a provision of The Liquor License Ordinance unlaw- fully did attempt to settle the offence with A.B., vrith the view of having the con> plaint made in respect thereof dismiss- ed (or as the case 'may he) ; And it appearing- to me that the said X.Y. was previously, to wit : on the day of A.D. 1 at the of before, etc., duly convicted of having on the day of A.D 1 , at the of unlawfully sold liquor without the license therefor by law required {or as the case nviy be); And it also appearing to me that the said X.Y. was pre- viously, to wit : on the day of A.D. 1 , at the of before, etc., {see above) again duly convicted of having on the day of A D. 1 , at the being the keeper of licensed premises situate in the said of unlawfully allowed gambling in his said licensed premises {or as the case may be); I adjudged the offence of the said X.Y., hereinbefore fir.stly mentioned, to be his third offence against 7'ke 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 tht. case may be). Given under my hand and seal the day and year first above mentiqped, at in the of CD. [L.S.] J.P. S7.. Cap. 89 LIQUOR LICENSE C. 0. FORM R. Warrant of Commitment for First Offence where a Penalty is Imposed. Canada : j North West Territories, , To Wit : j To all or any of the constables and other peace officers in the of and the keeper of the common gaol of the said at in the Whereas X. Y. late of the of in the said was on this day convicted before the undersigned G. R, one of Her 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 convictiov) (A. B. being the informant) and it was thereby adjudged that the said X. Y. for his said offence should forfeit and pay the sum of (as in conviction) and should pay to the said A. B. the sum of for his costs in that behalf ; And it was thereby further adjudged that if the said several sums should not be paid forthwith the said X. Y. should be imprisoned in the common gaol at in the said Territories there to be kept at hard labour for the space of unless the said several sums and the costs and charges of conveying the said X. Y. to the said common gaol should be sooner paid ; And whereas the said X. Y. has not paid the several sums or any part thereof although the time for payment thereof has elapsed ; [If a distress warrant issued and was returned no goods or not sufficient goods, say : And whereas afterwards on the day of A.D. 1 , I, the said justice, issued a warrant to the said constable or peace officer or any of them to levy the said several sums of of and by distress and sale of the goods and chattels of the said X. Y ; And whereas it appears to me as well by the return of the said warrant of distress by the constable who had the execution of the same or otherwise that the said constable has made dili- gent search for the goods and chattels of the said X. Y. but that no sufficient distress whereon to levy the said sums could be found.] [Or where the issuing of a distress ivarrant would be ruinous to the chfendant and his family or if it appears that he has no goods whereon to levy a distress then instead oj the foregoing recitals of the issue rind, return of the distress uurrant, etc., say : And whereas it has been made to appear to me that the issu- ing of a warrant of distress in this behalf would be ruinous to 872 1898 LIQUOB LICENSE Cap. 89 r,(\ the said X.Y. and his family or that the said X.Y. has no goods or chattels whereon to levy the said sums by distress, (as the case may 6e)] ; These are therefore to command you, the said constables or peace oflScers or any of you, to take the said X.Y. and him safely convey to the common gaol at in the of and there deliver him to the said keeper thereof together with this precept ; And I do hereby command you, the said keeper of the said common gaol, to receive the said X.Y. into your custody in the said common gaol there to imprison and keep him for the space of unless the said several sums and all the costs and charges of the said distress, amounting to the sum of , and of the commitment and conveying of the 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. 873 TITLE XIII MISCELLANEOUS. CHAPTER 90. An Ordinance respecting Insane Persons. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Territories enacts as follows : Issue of warrant on information before .I.P. Evidence to be taken Committal if found insane 1. When an information is laid before a justice of the peace 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. R.O. c. 7, s. L ?J. Upon the per.son charged as aforesaid being brought be- fore .'^uch justice the said justice shall pi-oceed to hear such evidence under oath as may be adduced with reference — (a) To the alleged insanity of the per.son so brought before him, adjourning the inquiry from time to time as niay be necessary for the pui-pose and remanding him meanwhile to gaol or other safe custody ; (h) To his residence for at least the .six months previous to the inquiiy ; (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. R.O. c. 7, s. 2 ; No. 1 of 1889, s. 1 ; No. 38 of 1897, s. 47 (1). 3. If after hearing the evidence adduced the justice of the peace is satisfied the person so brought before him is insane such justice shall commit him by warrant in form B in the schedule hereto to a gaol 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 a true copy of the information and evi- dence taken, to the attorney general, who shall have power if he sees fit to order further inquiries to be made. R.O. c. 7, s 3 ; No. 38 of 1897, s. 47 '2). S74 1898 INSANE PERSONS Cap. 90 4. In case it appears to such justice that such person is not otherwise insane the justice shall discharge him. R.O. c. 7, s. 4. discharged 5. The justice of the peace acting under the provisions of Power to this Ordinance shall have the like authority for compelling the™^"™^ attendance of vsritnesses as such justice would have under any law or statute in force respecting summary convictions and shall be entitled to the same fees. R.O. c. 7, s. 5 ; No. 38 of 1897, s. 47 (3). SCHEDULE. FORM A. Canada ; | To all or any of the constables or Xorth-West Territories, >- other peace officers of the said j Territories : Whereas information upon oath hath this day been laid be- fore- 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 ("V 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 aud 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 a,ll or any of the constables or Xorth-West Territories. ( 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 maij he) a justice of the peace in and for the said Territories, on the oath of , that A.B. {or as in the information) was insane ; And whereas inquiry has been made by me respecting the sanity of the said And whereas I have found and adjudged the said to be insane . S7-5 Cap. 90 INSANE PERSONS C. 0. These are therefore to command you the said constables or other peace oiRcers 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.R, J.R [L.S.J 876 CHAPTER 91. An Ordinance to Prevent the Profanation of the Lord's Day. THE 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 Sbou?^on*°'^ sell or publicly show forth or expose or offer for sale or pur- Sunday chase any goods, chattels or other personal property or any real estate whatsoever, or do or exercise any worldly labour, business or trade of his ordinary calling ; travelling or convey- Exceptions ing travellers or Her Majesty's mails, selling drugs and medi- cines and other works of necessity and works of charity only excepted. K.O. c, 39, s. 1. 3. No person on that day shall play at billiards or pool in Games and any public room or run races on ho'-seback or in vehicles of any p^hfbited '^ sort or discharge fire arms or engage in any game or games in any public place or engage in hunting or in the pursuit of game ; except that any traveller, family or other person in a state of actual want may engage in hunting or kill game to satisfy his or their immediate wants. R.O. c. 39, s. 2 ; No. 15 of 1893, s. 1. 3. All sales and purchases and all contracts and agreements contracts for sale or purchase of any real or personal property whatso- s^nday"to ever made by any person or persons on the Lord's day shall be ^® ^"'^ utterly null and void. R.O. c. 39, s. 3. 4. Any person violating any of the provisions of this Ordi- Penalty nance shall be guilty of an offence and upon summary convic- tion thereof be liable to a fine not exceeding $100 and costs of prosecution. R.O. c. 39, s. 4. 877 CHAPTER 92. An Ordinance respecting the Use of Tobacco by Minors. THE Lieutenant Governor by and with the advice and con- sent of the Legislative Assembly of the Ten itories enacts as follows : Sale of tobacco to minors under Rixteen years o(age prohibited Except on written request of parent, etc. Presumption of age 1. Any person who either directly or indirectly sells or gives oi- furnishes to a minor under sixteen yeai s of ag^ cigar- ettes, cigar-j or tobacco in any form shall be guilty of an offence and liable on stmimary conviction thereof to a ]ienaliy of not less than $1 or more than $10 with or without costs of prose- cution, or to imprisonment with or without hard labdur for any term not exceeding ten days, or to both tine with or with- out costs and iujprisonment to the said auiount and for the said term in the discretion of the convicting magistrate : and in case of a hne or a tine 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. No. 18 of 1896, s. 1. /i. This Ordinance shall not apply to a sale to the minor under a written request or order of his parent, lawful guardian or employer. No. 18 of 1896, s. 2. 3. A person who shall appear to the magistrate to be under .sixteen years of age shall be presumed to be under that age unless it is shown bv evidence that he is in fact over that age. No. 18 of 1896, s. :i Penalty for procuring tobacco by minor 4. Any person except as provided in section 2 of this Ordin- ance 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 S2 and in default of payment to imprisonment for a period not exceeding one month No. 18 of 1896, s. 4. o''dn'^nce °' ^* '^'^^' P^^i^'Oi^^ o^ tl^i* Ordinance shall only apply to municipalities and villages. No. 18 of 1896, s. 5. 87 'S CHAPTER 93. An Ordinance respecting the General Trust Corpor- ation of Canada. THE Ijeutenant 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 orofHceswith any judge thei'eof liavinjf power to appoint such an officei- ^^p°'},,^yo„ may with the consent of tlie General Trust Corporation of^^wbe Can>ida (hereinafter called tiie corporation) appoint the said corporation to exerci-e 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 per- foi'ui any of the duties appertaining to any sucti offices in respect of any estate, matter or proce>^ding under the authority of such court or judge. No. 42 of 1(594, s. 1. 3. Notwithstanding any rule of practif'e or any provisions security of any Oi'dinance requiring securitj', 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 Account of thereof such court or judge, if it or he deems necessary, may fsf^^t'o'be'' from time to time refjuire the corporsition to render an account "'""'i''™'^ of itsathninistration of the particular trust or office to which it has been so appointed and may from time to time appoint a suit- able person to investigate the affairs and management of the corporation as to the securitj' afforded to those liy or for whom its engagements are held ; and such person shall report thereon to such court or judge and the expenses of such investigation shall be borne as mav be ordered by such court or judge. No. 42 of 1894, s. 2. ' 3. The Lieutenant Governor in Council may revoke the Lieutenant privilege dispensing with security as mentioned in section 2 of coincii^maj- this Ordinance and the said court shall not, nor shall any judge ^^^j.j'f^ 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. No. 42 of 1894, s. 3. 4. The liability of the corporation to persons interested in Liability of an estate or property held by the said corporation in any such ^^po™''"" office as aforesaid shall be the same as if the estate or property had been held by any private person in such capacity respect- ively and its powers shall be the same. No. 42 of 1894, s. 4. 5. The said court or any judge thereof may by order made Money held by with the consent of the said corporation direct that any money """''' '"^'''^'' S7i» 2 Cap. 93 GENERAL TRUST CORPORATION C. 0. deposited with held by such court or under its control be deposited with the corporation g^^jj corporation, upon such terms as to the payment of interest thereon and otherwise as may be provided in and by such or- der ; and in such event the corporation may invest the same in any of the securities mentioned in such order or as are specified 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. No. 42 of 1894, s. o. Exercise of 6. The Said corporation may validly exercise within the corporation in Territories all or any of the powers mentioned in its said act of Territories incorporation or any amendment thereof subject to the obli- gations therein provided. No. 42 of 1894, s. 6. 880 56 SCHEDULE I. Shewing {(f) the Ordinances and parts of Ordinances consoh- dated in The Consohdated Or .) 71 70 3 3 72 71 4 4 73 72 1 1 74 73 j 2 t 2 75 74 .1 .1 76 75 6 6 77 76 7S / / i 32 Repealed 1S92, Xo. 79 78 .30, ,. 7. 80 79 1 81 80 331 1 ■88i 1 8-2 Uniiecessai-\ , Soo s. 2 t .) 14. 3 j 3 83 81 •* 1 ! 4 2 1 2 34 Repealed 1897, Xo. 3 3 3S, ^. 24. 4 4 ' 84 1 82 ;i-) 1 |38 1 S.'i S3 ; 2 1 2 86 84 3 3 87 1 85 ' + ' 4 88 Sli ,1 89 i 87 1 ^ (> 90 88 1 / 91 Repealed 1891-92, Xo.i S s 17, ;,. 2. 9 1 9 92 Repealed !891-92,No. 10 10 1 17, s. 3. 11 11 ' 93 90 1 94 95 91 92 36 Repealed 1895, 26, ,. ]. No, 96 93 ! 97 94 8? 37 i6 1 58 .? 1898 DISPOSITION OF ORDINANCES SCHEDULE l.—Co7itiniied. R.O . 1888.— Continued. 1 R.O. \%^H.—Contitiiied. CONS. CONS. V d ii- d a' ~T REiMARKS. a- REMARKS. 5 TJ 0, 6 rt 'J s- u OJ cS V Oj oi a X U ■J) .- ~i '72 J in 37; 1 58 \ 46 11 45 11 2! 1 Repealed 1897, 38, s. 29 (1). .\o. 12 13 12 13 Repealed 1897, .\'o. Form A Form A 3 , « ; 38, s. 29 (2). 1 " B (( B 4 1 7 1 (1 C " C 5 s i 1 (( D " D 38 1 1 i Repealed 1898, \o.,i47! Repealed 1889, No. ! 40, !<. 3. \\ ' 18, =. 28. 39 1 i91 1 ' 48 1 59 1 2 1 1 1 2 3 J 3 i ^ 3 4 4 1 4 1 4 ' 1 5 5 401 1 1 2 3 125 1 I 2 3 1 I 6 2 3 6 2 3; 2 2 +1 Repealed 1895, s. 3.1. No. 9 I 1 1 8 7 8 i ^ 9 +2 Repealed 1891-9 14. 2, No. i ! 1(1 •2 3 10 2' 4.3 1 ,33 I 1 11 ! 12 11 12 : 13 13 4t Repealed 1897, ,38, ». 52. No. 1 14 15 i 1 1« 1 1 14 15 16 1 ! 4o 1 27 1 1 ! 17 17 1 1 IH Repealed 1898, No > Repealed 1894, No. 24, s. 4. 26, s. 1. .> Repealed 1897, No 3 3 .38, s. .30 (2). 4 Repealed 1894 26, s. 2. No. 19 20 19 20 I - .> •) ti 6 i 3 3' - 1 21 21 H 8 j 22 22 9| 9 1 23 23 "'i 10 , 24 24 ■> 2 1 25 27 M 4 26 27 28 29 1 46; 1 2 3 i4o ! 1 2 3 \ 28 29 2 25 26 2! 4 4 1 3 31 .5 5 j 4 ^ H I 6 5 o\ , 7 6 6l 8 8 7 7i 9 i 9 8 8i 1 10 1 10 9 9' 887 DlSI'OSmON OF OHDINANCES SCHEDULE I.—VonUnued. CO. R.O. \SS8.— Continued. a U 48 49 50 51 52 53 54 55 56 57 30 Form 1 " 2 " 3 " 4 1 1 ^) 3 Sch ed. 59 42 41 30 Form A " B ; " Cj " D 1 i 3 1 2 I 3 '• 4 34 3 Sclied. 31 23 1 3 4 4 5 5 f) « 7 7 S s n (1 ; JO 10 ! n 11 ; 12 12 13 13 14 14 15 15 : i 16 16 , 1 17 17 IS 18 19 19 20 20 21 R.O. \%%%.— Continued. ■21 23 22 Superseded 1893, Xo. 6 and repealed 1898, No. 12, s. 1. Re-enacted 1889, Xo. 8, ,,. 6. Repealed 1897, Xo. 38, s. 17. 59 Repealed 1892, Xo 22, ,. 194. 62 1 2 3 4 5 6 l28 1 2 3 4 5 6 8 8 9 9 10 10 11 11 ' 12 12 13 13 14 14 15 15 ■ 16 16 \ 17 17 18 18 19 19 20 20 Form A 1 Form A B B ORDINAXCES OF 188S. Repealed 1894, Xo. 29, >. 1 . :i: |Obsolete. I Repealed 1893, 'Xo. .S, s. 38. 'Unrepealed. Unrepealed. 1 6 52' 1 i 3 888 1898 DISPOSITION OF ORDINANCES SCHEDULE L— Continued. ORDINANCES OF ISSS.—Coniinued. 8 9 10 II 12 13 14 15 ;6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 i 38 i 39 ' 40 I 41 t 42 43 44 45 46 47 ' 49 50 51 52 53 i54 52 10 II 12 13 14 15 16 17 18 19 20 21 23 24 22 25 26 27 28 34 35 51 52 59 60 61 62 53 54 55 63 64 58 65 66 56 Expired. ORDINANCES OF 1888.— Coniinued. 6 o a _5 CONS. REMARKS. o 5 56 57 58 52 36 30 Repealed 1892, No. 24, s. 3. 59 Repealed 1888, No. 7. 1 First ISched. Form A Second 1 ISched. Form B 6 Repealed 1897, No. 34, s. 25. 7 1 Unnecessar}'. Unnecessary. Repealed 1890, No. 14, s. 1. Repealed 1892, No. 24, s. 1 . 11 1 Repealed 1897, No. .38, s. 26 (4). [Repealed 1894, No. 34, s. 2. ORDINANCES OF 1889. 90 Repealed 1891-92. No. 5. Obsolete. Repealed 1892, 20, s. 13. No 1 59 31 a a Repealed 1897, .38, s. 29 (1). Repealed 1897. 39, s. 11. Repealed 1892, 6, s. 10. .\o No No 1 15 9 1 Repealed 1897, 28, s. 1. No 3 3 4 4 5 6 6 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 889 DISPOSITION or ORDIXANCES SCHEDULE 1.— Continued. 0.0, ORDINANCES OF ISSS.—Coniinued. •0 U o 10 11 12 13 16 17 1 2 3 i n 6 7 S 9 10 11 12 13 14 15 Sched. 14 15 16, 1': 18 I9j 20 i I I 21 22 23 24 15 65 ORDINANCES OF \S89.— Con tmtted. REMARKS. 17 16 Disallowed 1 Aug-., 1890. Repealed 1893, No. 3. s. 38. rt / 8 9 10 3 4 11 12 13 14 15 16 Form A Repealed 1897, No. .36, s. 19. Repealed 1891-92, No. 24 s. 21. Repealed 1890, .\o. 20, s. 1. oi Repealed 1890, \o.3,i s. 12. I Repealed 1895, No. 8,i s. .33. ' Repealedl894, No. 3,ii part VIII, s. 41. ' 1 2 16 17 18 19 Repealed 1892, No. I 22, ,. 194. Superseded 1893, No. 6, and repealed 1898, No. 12, s. 1. Repealed 1897, No. 23, ■,. 32. L'lirepealecl. Disallowed 3 Jan., I 1890. i!l2| 1 890 REMARKS. Disallowed 1 Aug., 1890. Disallowed 1 Aug-., 1890. I Unrepealed. Unrepealed. 29 Unrepealed. 30 '< Unrepealed. 31 Unrepealed. ORDINANCES OF 1890. 1 Repealed 1895, No. 8, s. 33. 2 ;Repealedl894, No. 3, : part VIII, s. 41. 3 Repealed 1892, No. 20, s. 13. 4 Repealed 1897, No. .36, =. 19. 65 1 8 18 19 20 161' .39 Repealed 1897, Nc 34, s. 25. Unrepealed. I Repealed 1893, No. 12, ,. ,30. Repealed 1894, No. 28. Repealed 1891-92, No. 16, s. 13. 1 Repealed 1891-92, No. 24, ». 21. Repealed 1892, No. 19, s. 19. 1898 DISPOSITION OF ORDINANCES SCHEDULE l.—Coniinued. ORDINANCES OF ISQO.—Cuntiniiecl. •J 1 CONS. d 1 c T3 r; «J rf V U! tfl u ■y. 13 1 31 1 Ul i 1 52 29 151 Rep REMARKS. 16 10 11 li 13 U 15 16 17 I IS 19 20 21 22 23 17! 1 2 3 4 6 7 8 9 10 11 ; 12 13 i49 67 14 Form A " B Repealed 1892, No. 22, s. 194. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 ■2 3 4 .1 6 8 9 10 11 12 13 14 Form A ORDINANCES OF l8Q0.—Co>i/iniiec/. c ,= ■a u O Section. CONS. 1 u . 9. Repeals Cap, 42, I R.O. It) DtSPOSITION UF OftDlNANCliS SCHEDULE I.— Continued. CO. ORDINANCES OF ISQ1-Q2.— Continued. ORDINANCES OF i89l-92.— Continued. CONS. 6 CONS. [ c c cti d .2 REM.ARKS. § REMARKS. .5 ^ u 0-1 •: '-3 o d.' -J Ui 3J ts u 3J :i Qj o c/; X i!- t/5 'J X 15 1 65 22 22 5 54; 23 2 22 6 3 3 22 7 4 4 21 8 5 23 9 i 6 6 Obsolete. i 10 7 7 24 ii 11 ' 8 Sched. Form C 1 12 13 9 10 16 Repealed 1897, N'o. 14 11 38,5. 41. 15 Obsolete. 16 1 12 17 1 61 88 89 17 18 ! 13 1 14 3 Repeals s. 92, cap. 19 ■ 15 30, R.O. 20 i 18 [ 90 21 ! 19 91 22 20 92 23 1 24 + ■ 93 24 16 94 25 , 17 96 26 ' 27 100 27 1 21 ,1 9.T 2 28 j 28 29 i 25 18 Repealed 1897, Xo. 7, s. 26. 30 ! 1 26 31 : ; 30 19 1 66i 1 32 31 2 ' o 33 29 3 3 34 33 4 4 35 32 .3 5 36 Unnecessary. K 6 Sched. 1. Form .A / 7 2| Unnecessary. S !1 9 Form A , i Sched. 2 B i Form C 10 10 " C ! ' " B 11 11 " D Sched. 3 12 12 13 13 23 Repealed 1897. Xo. 14 ' 14 23, s. 32. 15 ! 'ii ■2 •2 24 Repealed 1897, .\o. 3 .3 19, ». 34. le 16 Sched. Sched. 2", Repealed 1894, Xo. 3 part VIII, s. 41. ■20 Superseded 1893, Xo.; 6, and repealed 26 1898, No. 12, s. 1. 1 77 2 2 3 1 3 ; 3 3 21 Disallowed 29 Sep., 4 4 1892. " 1 5 5 ■22 1 .54 1 7 ' 6 ■2 .) 8 Repealed 1897, Xo 3 ■} 38, s. 56 (8). 4 22 1 892 ] S98 DISPOSITION' Ol- ORDINANCES SCHEDULE 1.— Continued. ]1 ORDINANCES OF l»9y.i)2.— Continue/. 'J ORDINANCES OF IH92. —Corainuec/. 6 •J CONS. CONS. S i REM.\RKS. 5 c c ~ . 1 REMARKS. ?'. Z i C C 'S 7^ d, U 1 O 1 X i . u 1 ^ •2iy 9 Repealed 1897, No. 38, s. 56 (9). 2 Repealed 1895, No. 22, s. 7. 10 Repeals cap. 12, R. O. ;No. 18 of 1890. 3 1 8 19 27 Repealed 1897, .\o. 38, s. 44. 4 Repealed 1897, No. 38, s. 44. 28 ; Repealed 1892, No. 22, s. 194. 5 1 1 2 68 8 9 29 I 35; 1 3 3 4 10 24 3 4 5 25 4 5 6 26 5 6 7 27 6 1 i 8 28 ( i 8 9 29 8 9 10 30 a o 11 31 9 i 10 12 32 10 1 u 13\ Repealed 1898, No. 2 •> 141 25, s. 2. 11 i 12 15 33 2 2 16 34 12 13 17 36 13 14 18 35 2 2 14 15 6 Repealed 1897, No. 1-5 16 41, s. 15. 16 17 2 Unrepealed. i 1 71 1 Sched. Sched. 2} Repealed 1895, No. 1 27, .s. 1. 30; Unrepealed. 2 Repealed 1895, No. 27, s. 21. 31 1 Unrepealed. 3 : 5 32 i Unrepealed. 8 Unrepealed. 331 i Unrepealed. 9 Unrepealed. 34 Unrepealed. 10 Unrepealed. 35 Unrepealed. 11 1 Repealed 1897, No. 29, s. 22. 36 Unrepealed. 12 Repealed 1895, No. 3. 37| Unrepealed. 13 [Unrepealed. 38 1 Expired. , 14 l.=i 1 27: 1 O RDINANC ES OF 1892. Repealed 1897, No 1 ;i6 34, s. 25. . . I Repealed 1897, No. Repealed 1897, No 1 .38, s. 4. V i 38, ,s. 41, 89.3 1-2 DISPOSll'ION OF ORDJNANCES SCHEDULE I.—Contivued. CO. 'J ORDINANCES OF \^Q2.— Continued. j ORDINANCES OF \m2.—Co,itinued. 1 ^ CONS. REMARKS. c i CO.N'S. 1 i RK.M.ARKS. C 1 _^ . I '•B 1 ■;; Q. C V t" 0.! -: U X Repealed 1893, No. X U X it' ' 2.5 2 Repealed 1897, Xo. 12, s. 30. .3.5, s. 2. 3 i Repealed 1896, No. 18 1 [20 1 ! ' 6, ^,. 1. •> i o 4 ,46 14 3 j 3 5 19; 4 ' 4 6 iForm B4i 5 ' ."i 7 ; ; Unrepealed. U ' 6 ' 1 "' |26 ! Superseded 1893, No. 8 8 1 6, and repealed 9 9 i 1898, No. 12, s. 1. iSched. Sched. 1 27 Repealed 1894, No. 19 Repealed 1893, No.! 8, s. 20. 1 3, part VIII, s. 41. 1 28 1 Repealed 1897, No. 20: 1 69 1 ! 7, s. 126. 2 2 , 1 3 3 ■'29 I Unrepealed. 4 4 i 5 5 J30 i IRepealed 1-897, No. : 6 6 1 40, s. 9. / 1 7 ! 8 '31 Repealed 1897, Xo. 2 9 27, s. 30. 3 10 8 i 11 II32 1 65 17 9 ' 12 II 10 13 ,33 Unrepealed. 11 18 « 12 19 34 Unrepealed. a Unrepealed. 13 1 Repeals cap. 23, R. 0. J No. 4, 1889 ; 35 1 1 Repealed 1897, Xo. 38, s. 48. No. 3, 1890. j Form A Form A 36 Repealed 1896, No. 1 " B j " B ! 17, s. 11. 1 " C ' " C 1 ! 37 Repealed 1893, Xo. 21 Repealed 1894, No. 2, s. 89. Repealed 1896, No. 2, s. 229. Repeals No. 1, 1891- i 10, s. 24. 22^ ORDINANCES OF 1893. ■23! / 92. i 2' Repealed 1895, Xo. ■ 4. 24! 1 52 38 2 61 3 • IRepealed 1895, Xo. 3 33 1 17, s. 42. 4 i 31 j 1 5 32 Obsolete. 4 'Repealed 1894, No. i 2, s. 89. 2.5 ] Repealed l,S97, Xo.' Repealed 1898, No. 3"), s. 1. ! t 9, s. 46, 89 4 1898 DISPOSITION Ol' OKDINANCES SCHEDULE I.— Continued. 13 ORDINANCES OF 1893 — Continued. '' ORDINANCES OF 1893.— Continued. aj fONS. 1 1 1 1 CONS. 1— < ■ c n c -"-- RlilMARK-S. 1 i c 1 z. REMARKS. V "T a' -J T 1 o d, 'J 6 T. 1 X c^ J li! 1 21 1 6 19 21 Rule 1 2 ■2 20 2 i. 1 21 3 ■y 2 1 9 3i 3! ; ■2 3 4i 4i 1 3 4 o: •5' i 4 5 2 (J 6! 22 9 t ' 1 23 5 S 8 1 24 6 9 9i 25 7 10 10 26 8 i 11 11! 27 10 12 13. , 28 11 13 14! 29 12 14 15. 30 13 15 lei i 31 14 16 IRepealed 1897, No.| 1 1 6, s. 1 (3). 2 2 3 3 3 1 3 4 4 1| 4 i ^^ 5 5 ! ■ i 5 14 4 6 6 ii i 6 5 i 7 7 • 6 8 Repealed 1897, No. 8 7 6, s. 1 (66). [ 9 8 9 8 10 9 10 10 i 11 16 11 23 23 1 32 1 18 1 11 22 8 2 3 2 3 12 ■Repealed 1897, No. : 38, s. 8 (2). 4 5 6 4 5 6 13 23 24 1 7 1 7 8 8 13 22 9 33 34 19 20 14 23 25 1 35 1 21 23 14 22 10 1 36 37 24 26 15 Repealed 1897, No. 38, s. 8 (4). 38 39 40 27 29 30 16 22 14 41 42 31 32 i 17 1 2 21 11 1 i 1 1 43 44 45 33 34 f 33 2 \ 234 1 1 Is 46 35 3 Repealed 1897, No. . 6, s. 1 (5). 47 48 36 37 i 4 13 49 38 ! 18 i Repealed 1894, No. 50 ' 39 5, s. 1. ,51 1 40 ii95 ]4. DISPOoI'l'lON OF ORDINANCES SCHEDULE I.— Continued. CO. ORDINANCES OF \H%:i.— Continued. ORDINANCES OF lHQS.—CmMnued. J J CONS. REMARKS. (0 o § CONS. ^ .- ■ - 1 .^ REMARKS. 3 Z d 'J ^ *j s. ■J ^ ' J' c« ^ U a> rt V J ; X u X '/) U 'A RULE. RULE. fi 52 ;2i 41 6 106 21 112 53 42 106 113 54 1 43 107 114 55 37 2 108 115 1 56 Repealed 1897, No. 109 116 ' 57 60 6, s. 1 (15). 110 117 58 61 111 118 59 62 112 119 60 63 113 120 i 61 64 114 121 i 62 65 115 122 63 66 116 123 i 64 67 117 124 65 68 118 125 66 69 119 126 67 70 120 127 68 72 121 128 69 77 122 173 70 79 123 129 71 80 124 158 ■ 72 81 125 159 73 1 Repealed 1894, No. 5, s. 3. 126 Repealed 1898, No. 12, s. 9. '. '^* , Repealed 1897, No. 6, s. 1 (21). j 127 128 161 162 75 83 ' 129 163 76 84 130 164 i i 85 131 165 78 86 1 132 166 79 Repealed 1898, No. 12, s. 5. 133 134 167 168 \ 80 89 i 135 Repealed 1897, No. t 81 90 6, s. 1 (26). 82 92 136 Repealed 1897, No. 83 Repealed 1898, No. 6, s. 1 (26). 12, s. 8. 137 Repealed 1897, No. 84 101 6, s. I (26). 85 153 1 1 138 Repealed 1897, No. 86 154 , i 1 6, s. 1 (26). 87 155 1 139 1 Repealed 1897, No. ; 88 156 1 6, s. 1 (26). 89 157 ■ 1 Repealed 1897, No. i 90 95 6, s. 1 (26). 91 96 2 Repealed 1897, No. 92 97 6, s. 1 (26). 93 102 3 Repealed 1897, No. 6, 94 98 s. 1 (26). 95 100 140 Repealed 1897, No. 96 103 1 6, s. 1 (26). 97 :i04 141 j ' Repealed 1897, No. 98 !105 ' i 6, =1. 1 (26). 99 1 106 142 : j Repealed 1897, No. 100 107 6, s. 1 (26). 101 j 108 143 j 1 Repealed 1897, No. 102 1 109 ! 6, s. 1 (26). 103 110 144 Repealed 1897, No. 104 111 I 6, s. 1 (26). 89f) 1 898 DISPOSITION OF ORDINANCES SCHEDULE I.—ContiTiued. ORDINANCES OF ISm.— Continued. ORDIN.ANCES OF \89S.—Co,tfin,iecf. V 'J CONS. CONS. 5 c RK.MARK-S. c c c = REMARKS. '■V t; d -J '•5 u d, o '- i, ri u ■k «j oi a; X 'J X X u (/: RULE. RLLE. 6 14.5 21 Repealed 1897, No. 6 199 21 214 6, ». 1 (26). 200 215 146 143 201 216 147 145 a 217 148 146 b 218 149 147 202 219 150 148 203 220 151 149 a 221 152 150 204 222 153 151 205 223 154 169 206 224 155 170 207 225 156 171 208 1226 157 262 209 227 158 172 210 228 159 152 211 229 160 174 212 230 161 175 213 231 162 176 214 232 163 177 215 235 164 178 1 216 236 165 179 217 238 166 180 218 239 167 181 219 240 168 182 220 241 169 183 221 242 170 184 222 491 171 185 223 492 172 186 224 493 173 187 225 494 174 188 226 594 175 189 227 595 176 190 228 250 177 191 229 251 ; 178 192 i 230 252 179 193 231 253 180 194 232 254 181 195 233 255 182 196 234 256 183 197 235 257 184 198 236 258 185 199 237 259 186 200 238 260 187 201 ; 239 Repealed 1897, No. 1188 202 6, s. 1 (.32). 1 189 203 ' 240 243 |190 Repealed 1897, No. 241 244 6, s. 1 (28). 242 263 191 205 242 264 i 192 206 243 265 ! 193 207 244 266 a 208 245 267 194 209 246 268 195 210 1 247 269 196 211 [ 249 270 197 212 1 250 i 271 198 213 i 251 272 57 897 10 DlSPOyiTION OF ORDINANflES SCHEDULE I— Continued. CO. 11 ORDINANCES OF im:^.~..Co?iHnued. ORDINANCES OF \m^.— Continued. c CONS. REM.\RKS. «3 o i c ^ CONS. — ' .— REM.\RKS. T- ' T* 9- .J V 'J d 'J C X ■J X X ■r. RULE. RULE. l-jl2.5:> 21 273 61307 21 326 1253 274 1' 308 328 ,254 276 1 309 316 2.35 275 310 329 256 277 311 330 257 278 312 331 258 279 313 332 259 280 314 333 260 281 315 334 261 282 316 335 282 283 317 336 283 284 318 337 •64 285 319 338 285 286 a a 266 287 b b 267 288 320 339 268 289 321 340 269 290 .322 341 270 291 323 342 271 292 .324 343 272 Repealed 1897, No. 6, s. 1 (33). 1 2 a b !73 293 3 c !74 294 325 344 ;75 295 326 345 .'76 396 327 346 i77 297 328 347 !78 298 329 348 !79 299 330 349 180 300 1 a !81 301 2 b i82 302 3 c 283 303 4 d 284 304 331 350 285 305 3.32 351 !86 306 333 352 287 307 1 334 353 288 308 335 354 289 309 .336 355 290 310 337 Repealed 1895, No. 291 311 7, s. 2. 292 Repealed 1898, No.i 12, s. 14. .338 339 357 358 293 312 340 Repealed 1897, No 294 313 6, s. 1 (38). 295 314 341 359 298 315 342 361 297 316 343 362 298 317 344 363 299 318 345 384 BOO 319 1 2 Wl 320 346 365 W2 321 347 366 »3 522 348 367 J04 ?23 349 368 i05 324 1 II 350 iRepealed 1897, No 106 i '2.1 II 1 6, 5i. 1 (.39). 898 1S9S DISPOSITION OF ORDINANCES SCHEDULE l.—Conti7imd. 17 ORDINANCES OF 1893. — Continued. ORDINANCES OF \H9i.— Continued. 'J _c CONS. REMARKS. 6 u 3 c CONS. REiVIARKS. ~ 'S "tl d *j y u d 'J u u u OJ oi D c Jl u ■Si w — U 1/5 RULE. — RULE. tjl;«i 21 369 6 397 Repealed 1898, No. :552 370 12, s. 16. 353 371 398 21 422 354 372 399 423 355 373 400 424 356 374 401 426 ,357 375 I 402 427 358 Repealed 1897, No. 1 1 6, s. 1 (41). 2; ■2 359 376 3! 3 360 377 4; 4 361 378 403 428 362 Repealed 1897, No. 404 429 6, s. 1 (44). 405 430 363 379 1 1 364 380 j 2 2 a 2 i; 1406 431 365 381 1 1 |366 382 2 2 j367 383 ' 407 432 :3fl8 Repealed 1897, Xo. 408 433 6, s. 1 (47). 409 434 1369 Repealed 1897, 6, s. 1 (47). No. 410 411 435 436 370 389 412 437 |371 Repealed 1897, No. 413 438 . 6, s. 1 (49). 414 439 372 391 415 440 373 392 416 441 374 393 417 442 375 394 418 Repealed 1895, No. " Repealed 1897, 6, s. 1 (47). No. 1 419 444 7, s. 4. 376 395 420 445 377 396 421 446 378 397 422 447 379 397 423 448 380 399 SEC. 381 400 424 2 19 382 401 425 9 383 402 RULE. 384 403 426 551 385 404 427 552 386 489 428 553 387 405 429 554 388 406 430 1 555 389 412 431 556 390 413 432 557 391 414 433 558 392 415 434 559 393 416 435 560 394 417 436 561 fC a ,437 562 b b c '4.S8 563 c '439 564 395 418 44U 565 396 419 441 566 57i S99 18 DISPOSITION OF ORDIXA.VCES SCHEDULE J.—CovMnued. CO. ORDINAxXCES O}- \Hm.—Contm7ied. ORDIXAXCES OF 1893.— Co«/m«^a'. '~t CONS. 6 1 CONS. 5 z REM.^RKS. c c 5 c t -1 REMARKS. y X, d- ■^ ? 'J a C u ci ij :- 3; re ; a -' f. U X '72 1 ; RULE. RULE. fi 442 21 567 6 491 ■ 21 443 .568 1 444 569 2 i 445 44« 570 Repealed 1897, No. 6, s. 1 (72), 1898, i 3 4 5 ! JRepealed 1897, Xo. i 6, s. 1 (63). Xo. 12, s. 30 (4). 6 447 572 V 448 573 492 481 449 574 493 Repealed 1897, No. 450 575 , 6, s. 1 (65). 451 576 494 483 \ 452 577 495 484 453 578 496 485 454 579 497 490 453 580 498 491 456 457 581 582 499 {/495 !\496 458 583 500 Repealed 1898, Xo. 459 584 12, s. 23. 460 585 501 499 461 586 502 500 462 587 503 501 463 Repealed 1897, Xo. 6, s. 22, and 1898, No. 12, s. 30. 504 505 Repealed 1895, Xo. 7, s. 7. Repealed 1897, No. 464 588 1 6, s. 1 (67). 465 589 1 506 Repealed 1897, No. 466 V 467/ 590 507 505 6, s. 1 (68). 468 591 508 506 469 592 509 507 470 458 510 508 471 Repealed 1897, Xo. 6, s. 1 (56). 511 512 509 510 472 460 513 511 473 461 514 512 474 462 515 513 475 464 516 514 476 465 517 515 477 466 518 517 478 1467 519 518 479 407 520 620 480 408 521 521 481 1409 522 522 482 410 523 519 483 4.38 524 523 484 i Repealed 1897, Xo. 6, s. 1 (70). 525 526 524 525 485 i 1 Repealed 1897, Xo. 527 526 1 6, =,. 1 (62). 528 527 486 475 529 528 487 476 530 529 .488 477 531 530 1489 478 532 531 490 -479 533 532 534 533 ' 900 1898 DISPOSITIOiN OF ORDINANCES SCaEDULE 1.— Continued. 19 ORDINANCES OF \8Q3.— Continued. ORDINANCES OF \»9ii.—Coniiiiued. 6\ CONS. t CONS. c ■ c °s g REMARKS. C c .0 - .9 REMARKS. ^ o i- 6 ^ u d u ,i; 1" i« Oj U m ci u 1 t/) U Si W u C/3 RULE. 6 Bond "j for re- r plevin. J 6,535 21534 21 Form F 536 Repealed 1894, No. 5, s. 21. 537 1538 5.35 536 Writofj execu- !- Form B 539 449 1 tion. J !540 538 :541 539 Garni- "| ;o42 540 shea \ Form C 1543 541 sum- j 544 1 542 SEC. mons. j 545 |24 1 Wit- 1 2 ness,' 546 3 jurors' a 2 and Tariff 547 22 7 interp- 548 21 10 12 reters ' 549 10 13 RULE. fees. , 550 543 7 1 45 1 551 544 2 1 552 1 545 3 Forms 553 1 546 1 A, D. 554 547 4 i Unnecessary. 555 548 556 Repealed 1897, No. 6, s. 1, (9). 8 1 ,85 1 SEC. 2 Repealed 1895, No. 557 f22 i 16 RULE. 3 3 15, s. 1. 558 121 549 1 1 559 1 550 •2 Repealed 1895, Xo. Form A Repealed 1894, No. 5, s. 1. 3 3 15, s. 2. Form B Repealed 1894, No. 41 4 ! 5, s. 1. 4 5 4 6 IClerks '■ ■ 6 : 7 and Sheriff's oaths of 22 23 Isched. rSched. ! 1 2 3 1 •2 8 office. . 7 8 9 Repealed, 1897, Xo. Writ \ 26, s. 4. of sum- V'21 Form Ai 9 11 mons. J 10 ! ^l i 1 11 1 13 ' f Writ of) attach -! 1 12 14 , _ 1 Form D 13 15 [merit. J 14 1 16 2 i Writ of 1 1.") 17 'reple- -J Form E! ivin. 1 J6 i IT 1 1 18 ^' / ; h Repealed 1897, Xo 2fi. s. 7. 901 20 DISPOSITION OP ORDINANCES, SCHEDULE 1.— Continued. CO. 24 'J ORDINAN CES CONS. OF 1' \m?,.— Continued. j. i ORDINANCES OF 1893.— Co«//n?/^Q'. , 'J CONS. i * 5 'Z ■}. ' RE.MARKS. v 6 "■J X REMARKS. Ordin Sectii ■J X 8 18 85 21 i 25 3 ^26 3 e 19 22 4 6 20 Repeals 1892, N 3.19.! 5 Repealed 1898, No. 13, s. 4. 9; 1 Repealed 1897, 25, s. 6. \o. 6 2 7 2' 7 ' ^ o Repealed 1896, 14. \o. 8 9 {1 10 11 1 69 9 10 ! 11 2 10 1 2 2\ 3 iForm b: 11 12 12 1 i Repealed 1895, No. 12 Repealed 1898, No. 13, s. 5. 20, s. 34. i 13 14 14 15 13| Repealed, 1895, 8, ». 33. No. 15 16 16 17 1 17 18 14| 1 1 8 22; [Repealed 1898, \o. 18 Form A Form A Unrepealed. 2, ,s. 5. 1 " B " B 15 1 91, 2 1 I 26 Repealed 1895, No. 9, s. 35. 16 1 27 1 5 17 'Repealed 1895, No. 27 Repealed 1897, No. 24, s. 13. ' 20, -,. 1. 28 1 31 o IS Repealed 1894, No. 1 4, s. 3. . 29 Repealed 1897, No. 7, s. 126. 10| Di.sallo\ved 25 . 1894. Vug-., 30 Unrepealed. 20' Repealed l.sOT, 41, -. 15. Xo. 31 i Unrepealed. 21 Repealed 1894, No. 32 j Unrepealed. 28 2 19, ^. 15. 33 ! Unrepealed. 22; 1 M Repealed I89t), No. ORDINANCES OF 1894. 2 ,-,. 221). Repealed ISO?, No 19,5. 34 26 I d 3 4 902 Repealed 1897, No. 11, ,-,. 1.33. Repealed 1897, No. 8, s. 294. iRepealed 1895, .No. ll,s. 23. 1898 DISPOSITION OF ORDINANCES SCHEDULE 1.— Continued. 21 ORpiNANXES OF l^^i.— Continued. ORDINANCES OF 19,^4:.— Continued. CONS. CONS. 5 .0 REMARKS. C c — _c REMARKS. '•p o d, tj ? o d o iiied. X 'J 11 12 13; Ul l.-> IH 17, 1 IS! Ifl: •20i 1 21 2H •24 2(i 1 27 1 8 28 2!) 30 85i 23 24 (in 14 10 17 Repealed 1897, No. 23, s. 32. Repealed 1897, No. 9, s. 25, and 1897, No. 38, s. 57. Unrepealed. Repealed 1897, No. 7, s. 126. Repealed 1895, No. 20, s. 34. ORDINANCES OF ]m4.—Conn>uier/. 50[ 311 32! 33 34 3.5 1 Superseded 1897, No. 17, s. .34, and re- pealed 1898, No. 40,1 36 s. 10. Repealed 1896, No. ; i 17,,. 11. |38| Repealed 1897, No. I on' 20, s. 1.3. 'j ; !40; 41 Superseded 1897, No. 39, =. 11. 1 421 Unrepealed. Repealed 1897, No. 19, s. 34. Superseded 1897, No. 8, a. 98 (74), and repealed 1898, No. 40, ,. 9. Rep. 1897, No. 38,s.4.] Unrepealed. Superseded 1S97, No. 38, s. II. 7' 1 [Unrepealed. Repealed 1896, No. epe 17, ;52! 29 i 67 93 17, s. 11. Repealed 1897, No. 24, =. 13. Repealed 1895, No. 22, s. 7. Repealed 1895, No. 17, s. 42. Repealed 1895, No. 8, s. 33. Repealed 1897, No. .35, =,. 1. Unrepealed. Unrepealed. Unrepealed. Unrepealed. ORDINANCES OF 1895. 2 1 12 1 Repeals No. 12, 1892. Repeals No. 2, 1893. Repealed 1897, .\o. 38, s. 49. (Repealed 1897, No 22, s. 14. 21' 11 904 1898 DISPOSITION OK ORDINANCES SCHEDULE I.— Continued. 2.1 ORDINANCES OF \'m:-).— Continued. ORDINANCES OF X'^b.— Continued. 'J i CONS. u CONS. REMARKS. c c — 1 .— . REMARKS. ■5 ' o ' S- o ^ u o< o O ,1; ■'> 1 a; ;o. 4, 1894. 26 1 Repeals cap. 36, R. Sched A Repealed 1898, No. O.; 1893, No. 17. 3, s. 2. 2 50 1 B Repealed 1897, No. 3 2 38, s. 3 (13). 4 3 C Forms A and B 5 6 4 5 12 1 2 55 1 2 7 8 6 Unnecessary. a b a Repealed 1897, No. !7 1 71 1 Q ! 3 .3 38, s. 28 (2). 3 3 4- 4 4 Repealed 1897, Xo, .5 Obsolete. .3 4 38, s. 40 (7). 13 i Repealed 1897, 16, ,. 79. \o. :28 Repealed 1897, No 7, ». 126. 14 1 29 1 15 1 9 85 2 3 2 30 31 Unrepealed. Unrepealed. d 5 ]6 1 i36 1 32 Unrepealed. 2 3 1 Repealed 1897, \o. 33 Unrepealed. 38, ,. 19 (4). ■4 3 34 Unrepealed. 17 o 4 Repealed 1897, No. 35 Unrepealed. 18 l«3 1 m -2 ■ . 3 9, 5. 25. 36 Unrepealed. 1 O RE )1NANCI iS OF 1896. 1» 1 ; 2 1 75 1 ■>() Repealed 1896, No. ct 2 26, s. 38. a rt 906 1898 DISPOSITION OP OfeDlNANCES SCHEDULE L—Continued. ORDINANCES OF X'i^iS.— Continued. ORDINANCES OF ISQ6.— Continued. J 1 CONS. 6 CONS. -" ' " c c •s 1 REMARKS. a REMARKS. ■a ■ .J 1 ai u '■B d (3 O, 'J) (J, v: 1 ! u VI if) 2i 2 4 I 75; 2 *! 2 45 75 36 1 11 46 37 2: ' 21 47 38 cl Unnecessary. 48 39 d c 49 40 3 ; 3 1 2 4 4 50 52 5 5 51 53 6 6 1 2 7 8 9 7 8 9 52 53 \ 1/ 54 Repealed 1897, No. 5, s. 9. 10 10 a 2 I 2 54 57 11 11 55 58 I 2 56 59 ! 12 i 12 1 2 13 ; 13 57 ! 60 14 1 14 ' 58 61 15 15 59 62 16 1 16 J 60 63 1 2 61 64 17 17 62 65 Proviso lapsed. 18 18 63 66 1 2 64 67 19 19 "1 65 68 20 20 1 66 69 21 21 67 70 22 22 ! 68 71 a 2 1 2j b 3 69 72 23 23 70 73 24 24 71 74 25 25 72 75 26 26 I 21 27 27 73 76 ! 28 28 1 74 77 29 29 75 78 30 30 1 21 31 31 76 79 32 32 1 77 80 33 33 78 81 ! 1 21 1 2j 34 34 79 82 35 43 I 80 83 36 44 81 84 37 45 82 85 38 46 83 86 1 39 47 84 87 40 Repealed 1898, No. 85 1 88 2 51 29, s. 7. 86 89 41 50 87 90 42 42 1 2i 43 Repealed 1897, No. 2 3 44 ) 5, =. 7. ■ 88 91 \\ Repealed 1897, No. 1 2 2J I 5, s. 8. 2 3 9( )7 2fi DISPOSITION OF OKDINAN'CES SCHEDULE I.— Continued. CO. ORDINANCES OF }8^ti.—ConHnueti/. ORDINANXES OF ^Hi»>..-Co>i/inued. -p O 2 89 90 91 92 ; 93 94 95 96 97 98 j 99 100 101 102 |103 104 105 106 107 108 ■109 '110 111 112 1 113 114 75 92 93 94 95 97 98 99 100 101 102 103 104 105 107 108 109 110 HI 112 113 114 115 116 117 Repealed 1897, Xo. 5, s. 16. Repealed 1897, Xo. 1 5, =. 22. [Repealed 1898, Xo. 29, s. 15. 129 !130 131 132 133 134 135 ,136 |137 !l.38 139 140 141 1142 1143 144 145 1 2 2 3 115 118 1 116 119 ! ii-ie 117 , 120 'l47 118 1 121 ' :i48 119 122 120 123 149 121 124 150 122 125 151 123 1 126 124 127 1.52 125 ] 2 12S 3 153 1.54 1.55 3 Repealed 1898, Xo. 28, ,. 16 4 5 1.56 126 129 il.57 127 130 1 !158 128 131 1 h' 142 133 134 135 136 1.37 138 139 140 141 143 144 146 145 147 149 159 153 154 1.55 156 1.57 158 159 1160 1161 il62 Repealed 1898, Xo. 29, s. 18. Repealed 1897, Xo. 5, s. 34, but see 1898, Xo. 29, s. 19. II 2' 3 4 51 6' 7 S 9 10 \ 1.50 il51 il.52 11 12 1 [Repealed 1SH7, Xo. 5, s. 37. 908 1898 DISPOSITION OF ORDINANCES SCHEDULE I.— Continued. 27 ORDINANCES OF 1896.— CoH/j'«;/.(;a'. :3 •J CONS 5 d REMARKS. ^ y 'J 0-1 -J U 1 1 6 6 2 2 3 3 8 18 4 4 2 ' 2 5 5 ' 9 6 6 10 ; ". i 7 6 ^\ b. S 7 12 10 ' jj 37 41 2' 1 1 1 1 13 18 j r 2 1 •2 •2 2 2 14 19 38 42 a Repealed 1898, No. 26, =. 1 (6). 39 j 40 43 44 In i 2! ' ' J I 41 45 ! IR 1 9.n 1 42 46 1)17 3.1 DISPOSITION OF ORDINANCES SCHEOr 'LE I.—Covlin aed. CO. OROIX.WCES OF 1897 -Conlinued, ORDIXAN'CES OF Wil. — Conlinued. "J ■}. '-I ■/ KliMARKS s \:\ 70 47 • 44 4H 45 49 46 .in 47 5) ! 4^ o2 49 53 "id 1! f)l 12 5'J 13 5.S U 54 15 0.1 16 ")li 17 .)/ 1 2 3 4 •5 H 54 1 3; 4 5 6 .'j9 65 lid 66 HI 67 liL' OS 03 69 (i-l 70 (io 71 (jH 7-2 H7 56 6S .'>7 69 5s 7(1 •"i9 71 on -.> 61 73 62 74 63 i 04 71) 73 77 74 7S i .) Si) SI 7s S_' 79 ,S3 Sll s-l Si s.". S2 si; s:i S7 S4 ss S.", S9 so 911 87 91 SS !)l' S9 93 70, 90 94 1 91 95 92 96 93 97 : 94 98 1 95 1 1 2 2 3 3 4 4 5 5 6 6 I 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 29 29 30 30 31 31 32 32 33 33 34 34 a a b b 35 35 36 36 37 37 38 38 39 39 40 40 41 1 41 42 1 42 43 43 44 44 45 45 46 46 47 47 48 48 49 49 50 50 918 1S9S DISPOSITION OF ORniXANCES SCHEDULE l.—Co'ntivu<'d. 37 ORDINANCES OF 1897.— 0«//«»«/. ORDINANCES OF 1897. — Conlinuud. -J CONS. 'J ceiNS. 5 = 1 ■ ' c i .£ 11 REMARKS. \ _o ^" REMARKS. '-3' u : ci. y ■^ d, -J 6\ r. ;d ■J-. 6 ■Jr, J] ■r. S 98 70 95 8 129 |70 157 oil 51 130 158 ; .52! '• .52 131 159 53i 53 132 ' 160 .54 54 133 161 55 55 134 162 56 56 135 163 57' 1 .57 136 ! 164 ; .58 i .58 2i 2 ' a, i a vr, 112 b\ b- 138 113 59 59 1.39 1 114 60 . 60 140 115 61 61. : 141 116 62 1 62 142 117 63 ; 63 143 118 ai i a •2j 2 64i 64 144 ' 119 65 65 145 120 66 66 146 121 67 67! It 1 68 68 2i o 69 69 3! 3 70 70 4 4 71; 71 5 5 72' 72 6 1 b 73 73 71 i j 74' 74 s' 99 212 91 9 100 i 96 10 10 101 97 11 11 102 i 98 12 ! 12 103 { 99 13} la 104 ilOO 14' u 105 ' ,101 15, \t 106 ;102 ^•5, le 107 ;103 ' 147 142 108 104 148 ■ !l43 109 105 149 |139 110 106 ' 150 140 111 'l07 j 151 141 112 '108 152 167 113 ;109 1 153 168 ill4 110 154 1 169 ill5 111 j 155 170 [ !ll6 144 156 171 j 117 1146 ! 157 129 ill8 il47 1 158 123 ■119 :i48 159 122 120 149 160 \ 124 il21 Il50 161 125 122 1151 2| 2 123 |152 162 ll26 124 1153 , 163 ,127 125 1 !i54 126 r ^'^^ 2- t 3 2 a 4; 127' 155 t •* ,128 156 : 1 :i(i4 ■ '128 € 19 :',s BlSPOSITtOX OF ORDINANCES SCHEDULE I.—Conti7iued. CO. ORDIXAXCES OF 1897 -Conthnted. ORDINA.XCES OF 1897.— ro"//«»cfl'. 1 'J 1 165 '70 130 |166 131 :167 132 168 133 169 134 170 1135 171 1 ;i36 172 i |l37 173 ; :i38 174 1 [172 175 ! |173 176 174 177 ,175 178 1 !176 179 177 180 jl78 181 !l79 182 !180 183 181 184 182 'l85 165 2 186 166 187 1145 188 183 189 : '203 il9ii ' 184 191 185 192 186 193 1 187 194 j J188 195 1189 196 ; (190 197 ' 191 198 :i92 199 193 20O 1 194 201 195 •2 202 196 2113 197 2114 \ 198 205 1 1199 i206 200 2117 2111 ,2(W 202 i209 204 210 l205 211 12(16 212 207 213 208 214 2(19 215 210 216 211 217 213 l\x 214 o Repealed 1898, Xo, 26, a. 1 (.32). 8 219 220 221 222 223 224 225 226 227 228 229 230 1231 REMARKS. 70 215 216 217 218 219 220 221 222 223 224 225 226 232 228 233 1 |229 234 ' 1230 235 1 ,268 236 1 1269 237 ! '270 238 271 i239 272 i240 273 ■241 274 242 275 :243 231 244 232 245 '' 233 246 '• 234 1247 235 1248 2.36 249 1 |237 •250 i 12.38 ,251 1 1239 252 1240 i253 241 254 242 255 243 ■256 :244 257 1245 258 , ;246 2.59 \ 1247 i260 1248 '261 249 i262 i i250 ■263 , 251 j264 1 '252 265 , 253 266 254 267 , 255 268 1 256 i269 257 2711 , 2.58 271 259 272 26(1 ,273 1 261 274 , 2(j2 275 263 Repealed 1898, Xo. 26, s. 1 (37). !t20 1898 DISPOSITIOX OF ORDINANCES SCHEDULE I.— Continued. 39 ORDINANCES OF \S9-.—Con/hiiied. REMARKS. •pi -J n.1 -J - ! O !^ O 1 X o X 8276 '277 |278 279 280 :281 1282 283 :284 285 286 1287 288 i289 290 291 292 293 294 Form A " B : " c " D " E " F ■ G 264 265 266 267 :276 :277 278 279 :280 281 a a b i b c c\ d 282 d I Unnecessary, cover- ed by sec. 20. ORDINANCES OF 1897 -Continued. 10 283 1284 285 !286 !287 Form A B C D E F 1 Unnecessary. Repeals No. 3, 1894 ;| No. 25, 1895; No. 27, 1896. 10 Repealed 1898, • 26, s. I (45). No. Repealed 1898, No.i 27, s. 51. Repealed 1898, Nc 28, s. 1. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 26 27 28 29 30 31 32 33 73 10 11 12 14 15 16 18 19 20 21 22 23 24 25 26 28 29 30 31 3.5 36 Repealed 1898, No. 28, s. 3. Repealed 1898, No. 28, s. 4. Repealed 1898, No. 28, s. 5. Repealed bj' implica- tion, 1898, No. 28, Repealed 1898, No. 28, s. 7. Repealed 1898, No. 28, s. 12. 92L 40 DISPOSITION OF ORT)TNANf'ES SOHEDULE i.—Continued. CO. ORDINANCES OF \Si)l.—Coii/inued. ORDINANCES OF \S07.—ConiiH„ed. o CONS. d REMARKS. o 1 ! CONS. 'S 'Sit. d. ■' REMARKS. 10 34 ,73 35 38 36 1 39 Jl 1 0. 2 3' 3 4; 4 37 40 38 , 41 39 42 40 44 41 42 •■onT A Form A " B ! " B 1 3 J 2 2 3 i 4 4 .-> 6 6 7 2' ' O s ' s 9 9 10 l] 10 1 21 2 3' 3 11 11 12 12 13 13 14 14 1.5 15 16 16 a a b h ■2 2 3' .3 4 4 5' 17 17 18 IS 19 1 19 1 2 2 3 3 •2(1 20 •21 21 Repealed by implica- tion, 1898, No. 28, s. 5. Repeals No. 26. 1896. Ill -23 ' 24 25 26 28 29 30 31 40 3; 23 24 25 26 28 29 30 31 32 32 33 33 34 34 35 35 36 36 37 37 .> 3S 38 39 39 40 41 4-1 42 42 43 43 44 44 45 45 46 46 47 47 2 ■7 48 48 2 -7 3 3 4 4 .> .1 49 49 2 -? 3 3 4 4 50 51 5) 922 53 .54 53 54 1S9.S blSPOSItlON OF ORDINAXCES SCHEDULE l.—CotUiuued. ORDINANCES OF ISSl. —Cuiifiiii/ed. : ORDINANCES OF ]X't>7.—Coi/./i/t/u' : ! 82 114 114 83 ) 83 1 2 1 " , 2 84 ' 84 1 3 3 85 1 : 85 4 4 86 s() . 115 115 87 87 116 t 116 88 88 1 0] 117 2 2 j 117 118 89 89 1 ■■ 2! 119 1 1 1118 1 120 2' 2 119 121 .? 3- 1I20 122 1 923 +2 DISPOSITION OF ORDINASCES SCHEDULE l.—Gontinued. CO. ORDIXAN'CES OF 1897.- -Cvnthiued. ORDIXAXCES OF \%9ri.— Continued. Ilil21 122 !123 124 1125 126 127 128 129 130 131 132 133 Sched. 1 Form A " B " C " D " E " F " G " H :: J' " K " L " M " N " O " P -' 1 3123 124 125 126 127 128 129 130 131 il33 134 SCHED. Form J Form A B " C " D " E " F " G " H I " K " L '■ M " N Tariff A " B " C 1 REMARKS. Repealed 4, s. 24. 1898, No. 'Repeals No. 2, 1894. i 6 12 13 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Form h 10 11 12 13 14 15 16 17 18 19 20 21 2 22 23 24 25 26 27 28 29 30 31 32 Form A " B g. h REMARKS. 924 1898 DISPOSITION OF OKDINANCES SCHEDULE J.— Continued. 43 ORDINANCES OF 1891.— Con/inuei/. ORDINANCES OF 1 897 Contin ued. 5J CONS. «3 CONS. S c c REMARKS. c c 1 C REMARKS. '•5 o d.' ^ -M d. C 6 'X -1 - 73 ah 13 10 5 10 16 2 10 o 11 11 c c 12 12 rf d 13 13 e e o 2 f f 14 14 3 3 15 15 4 4 16 16 5 5 17 17 6 6 18 18 7 i 19 19 8 8 a a\ 9 1 8 55 b b\ 10 10 9 c 1 rl 1 11 10 d d\ 12 11 20 20 13 12 21 21 14 13 22 22 15 14 2 2 16 15 23 23 17 16 24 24 18 17 25 25 19 18 26 26 20 19 27 27 21 20 28 28 22 21 29 29 23 22 Form A Form A 24 23 " B " B 25 26 24 25 14 1 2 3 6 1 2 3 27 28 29 26 27 28 a a 30 29 b b 3} 30 c c 3S 31 d d 33 32 e e 34 33 f f 35 34 e g 36 35 h h 37 36 i i 38 37 4 4 39 38 5 5 40 41 39 40 15 1 7 1 42 41 ' 2 2 43 42 3 3 44 43 a a 45 1 44 b . b ; 46 ! 45 c c 47 46 ' 4 1 4 1 48 47 5 15 ! 49 48 6:6 ;: 50 51 49 50 16 1 lo: 1 i 52 51 2 12 ! ; 53 52 «' 1 a li 1 54 j 1 53 b b i 55 54 925 u uiSPusiTioN ,gi' ultJJU^■A^■|JKs SCHEDULE l.-^ruHtunn 6 (J: ! 70 69 71 70 i 72 71 73 72 74 i 73 75 74 70 ! 75 1 i 1 1 7K 7'> 1 ' ' 79 71 1 9 1 2 ■> 1 1 l! 2 ' 21 \ 3 J 1 4 4 i 5 5 6 / 3 3 1 J} 1 p. 4 ORDI.\.\.N'CE.S OF \m-i.—Conll„ucJ. li Repeals No. 13, 1895, 18 19 17 9 16 ' 18 17 19 18 20 19 21 20 22 21 23 oo 24 2.3 25 1 24 26 25 27 26 2S 27 29 ' 28 30 29 31 30 32 31 33 32 34 33 ■> 3 35 34 36 35 37 36 38 37 39 38 40 39 41 40 42 1 41 43 42 44 1 43 45 ' 44 46 45 47 46 21 48 47 1 is^ 1 2 112 3 : 1 3 4 I 4 1 2 3 4 5 6 7 8 9 10 11 81 1 2 3 4 5 6 7 8 9 10 11 026 1898 DISPOSUION UF OHDIMANCKS SCHEDULE l—Cooitiuaed. 0RD1\A\CP:S of mJI. —Continued. '■J s. a ■J 3 SI ,■-1 + 2 4 li UKMARKS. ORDIXANCES OF \%Ti.'-Cunliiu,cd. |20, 1 rt i80j 9 111 11 9 10 Repealed 1898, \o. 36, s. 0. 12 1! 13 12 2 2 14 13 ! 15 14 1 i le ' 15 2 16 17 17 18 18 19 1 19 •20 i 1 20 21 21 2:2 22 ^ 21 2 23 23 24 j 24 23 ■ 25 2U 26 I 27 27 28 28 29 29 - 30 30 31 31 ; 32 32 33 33 : 34 1 Repeals No. 24, 1891- 92 ; No. 24, 1893 ; Xo. 23, 1894. Form A Form A i " B i " Bi 20 \ 80j 1 2 1' 1 2' 2, 1 3i 3' 4i 4 °\ 5 [ 6! : 6! / 7 8 8 21 I I 10 9! 10' 9 9 10 10 11 11 1 1 2 2 3 3 4, 41 5i 5, 6j i ' - 8 8 9 9 (2) 12 12 13 13 i Repeals. No. 19, 1894 No. 23, lRH.->. Forn A ' 'Form A 1 ^791 ] - 1 ! 1 .7 2 3 3 4 4 5 5 6 6 7 J 8; 8> 9 9 10. 10 11 11 ]2| 12 13I ! 13i 14; 14 3 1 ! 1 Repealed 1898, \o i .34, s. 5. 4 I 4 \ 2| 2| 3 3 5 2 3 7 2 3 6 8 7 9 8 10 927 4G DISPOSmOX OK OKIUXANCEK SCHEDULE L~Cantimi,ed. C. 0. ORDINANCES OF ISm.—Confinued. ORDINANCES OF IS97.— Continued. •J CONS o CONS. c c c rt ^ !i s .- i RKMARKS. ,c '-^ , t REMARKS. ? 1 "^ ' ^ 'J ■3 CJ 0. 6 X to U 5/ x. o X '/j 21 9 79 12 22 11 78 11 2 12 12 1 10 'i 13 13 i 13 11 I 14 14 1 Repeals cap. 15, R.O. ; 12 15 1 Nos. 6 and 22, 1895; 13 • 16 No. 22, 1896. 14 17 Form A j Form A 2 2 " B ' " B 15 Repealed 1898, No. 34, s. 8. 23 1 76 1 16 18 2 2 17 19 1 1 2 2 2 2 18 20 3 3 19 21 4 4 20 22 5 ' 2 23 6 6 21 24 7 7 22 25 8 ; 8 23 26 9 Repealed 1898, No. 24 27 31, s. 1. 25 28 lOi Repealed 1898, No. 26 29 31, s. 2. 2 2 ii: 10 27 30 3 3 28 31 4 4 29 32 5 5 30 33 6 6 2 2 1} Repealed 1898, No. 31 34 31, s. 4. 32 33 ! 9 7 33 36 10 8 34 37 11 Repealed 1898, No. 35 38 31, H. 5. 36 39 12 10 Proviso lapsed. 37 40 13 11 38 Form A " B Form A " B Repeals cap. 13, R.O. 1 141 15/ 16 13 Repealed- 1898, No. 31, s. 6. 1 17 14 j 22| 1 78 1 18 28 ' 2 1 2 19 15 i 1 1 20 16 ; 2 2 21 17 1 3 i 3 22 19 4 4 23 20 i 5 1 .5 24 21 i b 6 1 25 22 j 3 3 26 23 ! 4 4 27 24 1 2 2 ; 28 18 5 1 d 29 25 6 6 30 26 2 2 31 27 7 8 7 8 I 32 Repealscap. 19,R.O.; No. 22, 1889 ; No. 9 9 ! 1 23, 1891-92; No. 11, 10 10 i 1894 ; No. 3, 1896, 00<^ 1898 DISPOSITION OF ORDINANCES SCHEDULE I.— Continued. +7 ORDINANCES OF 1897.— Continued. ORDINANCES OF 1897 — Continued. CONS. CONS. § REMARKS. a 1 d .0 c REM.\RKS. V u a. O '-5 u S" 6 u 4J ri W u (U =? lU V3 U t^ en o m 23 33 Form A " B " C " D 76 Form A " B Tariff of fees. Expired. Repealed 1898, Xo. 31, s. 5. 27 11 12 13 14 2 3 15 16 19 8 19 9 10 ^ 18 24 Repealed 1898, No. 17 22 38, s. 13. 18 23 19 27 25 1 2 3 4 5 a 6 85 2 3 4 5 8 ) Unnecessary. 20 21 22 23 24 25 26 27 28 29 11 12 13 15 14 20 17 26 Unnecessary. Repealed 1898, Xo 11, s. 13. 26 1 2 2 2 ! 2i 19 30 Form A " B Sched. 1 Repeals 1892, No. 31 2 2i Sched.C Sched. 2 3 2 4 10 ; 28 1 lo i> 5 13 ! f ^ .3 6 16 3 j 7 1 Repealed 1898, No. 40, s. 4. 4 5 5 6 6 / 27 1 19 1 7 12 2 2 8 16 a a 9 17 6 b 10 16 c c rf Repealed 1898, Xo. 11, s. 2. 29 1 2 18 1 2 e e 3 3 3 3 4 4 a a 5 7 & b 6 6 c c / 9 d . d 8 8 e e 9 17 f f 10 11 12 12 13 5 1 4 4 13 10 2 2; 14 : 18 5 o 15 1 15 6 16 2 19 7 21 i 16 20 8 25 17 21 9 24 18 1 14 i5 6 19 16 59 929 48 DISPOSITION OF ORDINANCES SCHEDULE I.— Continued. CO. ORDINANCES OF 1S91. —Coniinued. ORDINANCES OF im.— Continued. i CONS. CONS c c oi c is c c: REMARKS. c .2 REMARKS. '"2 o =■ u V u d u o 10 (« u 34 & c^ 29 20 18 11 25 14 Repeals No. 6of 1888; 21 22 No. 7 of 1889; No. ;22 Repeals cap. 28, R. O. ; No. 11 of 1892. 5 of 1890 ; No. 15 of 1892. 30 Repealed 1898, No. 10, s. 29. Sched A Form A 1 H B (( B 3li 1 j2i 1 a C (( C ! 2 2 t( D it D ! 3 3 i( E it E 1 4 4 : 5 5 35 1 2 46 2 3 32 i 1 63 1 3 6 2 Unrepealed and not consolidated. 4 5 7 12 3 2 3 2 2 3 6 2 13 14 2 4 1 3 8 15 33 1 64 1 9 Form A 2 2 Form A Repealed 1897, No. 3 3 35, s. 9. 4 4 56 1 32 1 i 5 5 2 2 6 6 3 3 7 } .- 4 4 1 8 / i 5 2 01 34 1 14 1 6 6 1 2 1 2 3 2 1 2 3 7 8 9 2 7 8 9 21 3 3 3 31 4 4 10 10 1 5 o 2 1 '2. 6 6 3 S' 7 / 4 i 8 1 8 5 5 9 i 9 6 b 10 10 7 11 11 12 13 14 15 16 12 13 14 15 16 i 11 12 13 13 Repealed, 1898, No. 15, s. 1. Repealed 1898, Xo 15, s. 2. 17 18 19 20 21 17 18 19 20 21 ■ 14 15 16 Ui Repealed 1898, No. 1.5, s. 4. Repealed 1898, No. 15, s. 4. i 22 23 21 22 23 Jnnecessary. 17 18 IS Repealed 1898, No. 15, ,. 6. 930 1898 DISPOSITION OF ORDIKANCES SCHEDULE l.—Continued. 49 ORDINANCES OF 1897 — Coniinued. ORDINANCES OF 1897.— Continued. CONS CONS. c 1 REMARKS. c c .0 c REMARKS. 's u 5* u 'a o d. u o U5 (3 en u ^ ^ 36 19 Repeals No. 14 bf 38 ■'■{ 22 8 1889; No. 4 of 1890. 23 23 Sched.A Repealed 1898, No. 15, s. 7. 2, i Repeals s. 12 of No. 6 of 1893. ': o r.22 ''1^23 10 37 Repealed 1898, No. 25 39, s. 16. ; . f'22 13 I '23 26 38 1 Unnecessary. 5 22 14 2 2 1 I 2 fi/22 M23 15 2 3 32 3 8 6 7:22 16 4 8 7 /!22 5 8 12 9 \ 23 6 13 1 1 22 12 7 18 \ 23 31 8 19 10 22 9 Repealed 1898, No. 2, s. 3. 1 1 2 17 20 10 32 3 21 11 52 4 Repealed 1898, No. 12 53 6, s. 2. 13 35 5 22 22 14 20 6 24 15 9 7 26 3 2 8 27 1 3 9 28 2 5 and 6 11 23 3 Repeals 1895, No. 1 .> 11, s. 6. 2 3 ( 4 / 2 6 8 3 7 6 9 2 4 Repealed 1898, No. 7 10 6, s. 2. 8 9 11 12 i - { 23 22 10 13 ■{ 23 30 11 16 22 11 12 19 1 2| Repealed 1898, No. 13 Repeals sched. B of 1 6, s. 2. No. 11 of 1895. 13 24 2 4 Repeals No. 6 of; 1891-92; No. 1 of 1892; No. 25 of 1894. 14 15 n 2 25 26 •1 3 i 5 Repeals No. 2 of 1891-92. 3[ i) 1 6 11 16 27 3 Repealed 1898, No. V 1 14, s. 1. 2! 2 i 17 Repeals cap. 53, R.O. 3 Repeals s. 6 of cap. ; 2, R.O. 18 35 10 7 20 19 36 1 2 6 7 y 1 ; 3 Sched. 3 2 ' { 22 23 4 Repeals 1895, No. Ui, s. 3. p9i 931 50 DISPOSITION OP ORDINANCES SCHEDULE I.— Continued. CO. ORDINANCES OF 1SQ7.— Continued. ORDINANCES OF 1897 Continued. CONS. CONS. i c c '•3 1 d C REMARKS. c .2 a o REMARKS. 6 73 6 0* (A! 0) (J 1/) 38 19 20 21 22 5 6 2 36 42 43 3 4 2 Repeals 1896, No. 10, s. 22. 38 34 1 2 3 4 5 6 61 5 10 13 and 14 17 19 Repeals ss. 13, 14 and 15, cap. 30, R.O. 1 I Repealed 1898, No. 40, s. 7. 7 8 20 26 2, 3 9 26 3| t 11 10 27 i\ 1 30 111 32 51 1 23 12 36 e! 31 13 80 7! See cap. 22, s. 21. 14 85 1 8; Repealed 1898, No. 6, ». 2. 151 16/ 105 1 23 !45 9 17 106 , 24 Repeals cap. 34, R.O. 18 Repeals s. 112, c. 30, 25 Repealed 1898, No. R.O. 1 21, s. 64. 19 108 26 1 2 52 16 57 20 35 1 65 Sched. 1 i 3 58 2 2 4 Repeals 1888, No. 5, 3 6 s. 53. 4 7 5 Repealed 1898, No. 5 8 22, s. 7. 6 9 6 ■ 68 7 16 27 1 2 3 54, 25 1 32 34 8 9 36 1 65 17 20 23 2« 1 2 55 1 Repeals 1895, No. 12, 2 37 1 67 24 2 s. 2 {b). 2 3 2 3 Repeals 1895, No. 12, s. 5. 3 4 4 6 2 29 58 5 / li 1 1 i 6 11 ; \ ^ 7 12 3| 3 and 5 8 Repeals 1890, No. 17, 30 59, j s. 13. 11 1 18 9 Repeals 1890, No. 17 2 Repeals s. 18 (2), cap. 48, R.O. 38 68 Form B. 31 Repealed 1898, No.!' 40, s. 3. i 1 2 3 d 32 Unrepealed. ' : 3 4 1 Unrepealed. |j 39 69 2 , Unrepealed. ; 1 2 3 73 j 3 1 2 3 4 1 Unrepealed. 3 9 33 1 43 2 21 4 5 1(1 13 ' 34 51 6 14 932 1898 DISPOSITION OF ORDINANCES SCHEDULE I.— Continued. 51 ORDINANCES OF 1897 Continued. ORDINANCES OF 1 897 Con tin ucd. 5J CONS. f CONS. i 5 — REMARKS. 5 i. a REMARKS. 7 CJ d C •PI 'J i 'J u 4) ca u rt 1; O CAl U 3 1,2, .S, 1( ■44 REMARKS. 19 1 li45 1 21 4 3 0, 7 4 12 iOj 1 46 15 ' .) 3 21, 1 51 1 •> 3 4 (i 5 ~ i '' ^ 2 1 10 / : 9 8 : 11 9 10 12 Unnecessary 11 13 12 14 13 15 14 16 15 17 16 t 18 i 17 ; 19 i 18 ; 20 . 19 , 21 20 ! 22 21 23 22 , , 24 23 25 24 26 25 27 26 28 1^7 29 28 30 29 Unnecessary. 30 31 31 4 32 32 33 33 34 34 35 35 36 36 37 44 38 ' 37 39 ! 38 40 45 41 : 39 ! 42 1 40 43 41 44 42 45 43 936 1898 DISPOSITION OF ORDINANCES SCHEDULE 1.— Continued. 55 ORDINANCES OF I89S. -Omfhuied.. — -p Sect g. 6 21 40 .M 4(i 47 47 48 48 49 49 50 50 51 51 ORDINANCES OF 1898. -(;«";'"(»«/. !U 'J !f, o •a V r. 2B 1 22 o2 53 54 55 56 57 58 59 60 61 62 63 64 65 Form I 2 3 4 5 52 53 5-t 55 56 57 5,S 59 60 61 62 63 Form A 11 34 29 29 39 40 41 42 43 44 45 46 47 48 49 50 37 Repealing section. iSee Order in Council 14 Dec, 1898. Repealing: clause. 23 1 24: 1 2 3 4 56 59 14 16 18 Repealing clause. 26 1,70, 2' I 13 'Repealing clause 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34i 35 36 37 38 39 40 41 42 43 44 45 3 4 10 19 19 22 36 40 40 43 11 68 5li .59 78 85 116 91 95 106 144 147 1.56 160 118 132 135 i201 '210 ;2i3 i226 227 230 243 12 46' 661 75! [Repealing clause. 3, 4 4 27 1 1 ^ 3 4 /247 (248 /254 \255 277 281 Form G 937 56 DISPOSITION OF OIIDINANCES SCHEDULE 1.— Continued. CO. ORDIXANCES OF }mS.—ConH?i.iwd. - 1 ORDINi \^i\ CES OF \^<}i%.— Continued. 'J CONS. OJ CONS. c c ai 5 RK MARKS. rt REMARKS. ^ o d 'J 1 '•xi ^ d C u fb n! u 2^ rt a> o 10 17 52 29 Repealing: section. Repealing: section. jRepealing: clause. 940 SCHEDULE 11. Ordinances and Parts of Ordinances repealed from the date of the coming into force of " The Consolidated Ordinances of the Territories 1898." I 2. 4. W. 22. 24. 26. 29. 30. 31. 33. 35. 37. 39. 40. 43, 45. 46. 48. 49. 50. 51. 54. 55. 56. 57. &2 TITLE OF ORDINANCE. Revised Ordinances 1888. An Ordinance respecting the form and interpretation of Ordi- nances An Ordinance re-specting public printing An Ordinance respecting security to be given by public officers. lAn Ordinance I'especting insane persons JAn Ordinance for the protection of sheep An Ordinance to prevent the pollution of running streams An Ordinance to incorporate companies for the establishment of cemeteries An Ordinance respecting the sale of naedicine and drugs An Ordinance respecting marriages An Ordinance respecting the incorporation of joint stock com- panies by letters patent An Ordinance respecting hotel and boarding house keepers ... An Ordinance respecting the construction of chimneys An Ordinance respecting the holding of lands in trvist for religi ous societies and congregations An Ordinance respecting auctioneers, hawkers and pedlers .... An Ordinance to prevent the profanation of the Lord's Day .... An Ordinance authorising the appointment of notaries public . lAn Ordinance providing for the appointment of constables .... An Ordinance exempting certain property from seizure and sale under execution An Ordinance respecting partnerships lAn Ordinance to establish liens in favor of mechanics and I others ! An Ordinance respecting preferential assignments An Ordinance respecting choses in action An Ordinance concerning receipt notes, hire receipts and orders for chattels An Ordinance to regulate the costs of distress for rent and extra judicial seizure An Ordinance to declare the law respecting real property held by two or more persons An Ordinance respecting compensation to the families of per- sons killed by accidents An Ordinance respecting limitation of actions in certain cases An Ordinance I'especting the offlce of sheriff An Ordinance I'especting jmies . 941 Extent OF Repeal. The whole The whole The whole The whole The whole The whole The whole The whole The whole The whole The whole The whole The whole The whole The whole The whole The whole The whole except s. 1 (9) The whole The whole The whole The whole The whole The whole The whole The whole The whole The whole The whole ORDINANCES AND PARTS SCHEDULE 11.— Contimied. CO. No. TITLE OP OBDINANOE. 1888. Ordinances respecting The Revised Ordinances of the North- west Territories An Ordinance respecting the profession of medicine and sur gery An Ordinance to amend Ordinance No. o of 1888, intituled "An Ordinance respecting the profession of medicine and sur- gery" 3.. An 5. . An 10.. 13. An An 1889. 1 . . j An Ordinance to amend chapter 7 of the Revised Ordinances of the North-West Territories intituled "An Ordinance re- specting insane persons " Ordinance to amend Ordinance No. 5 of 1888, intituled "The North-^^'est Territories Medical Ordinance 1888 " Ordinance to amend chapter 48 of the Revised Ordinances of the North- West Territories intituled "The Mechanics' Lien Ordinance " Ordinance respecting the expropriation of lands Ordinance to provide for the incorporation of butter and cheese manufacturing associations 1890. An Ordinance to amend Ordinance No. 13 of 1889, intituled "An Ordinance to provide for the incorporation of butter and cheese manufacturing associations " An Ordinance to amend " The Companies Ordinance " An Ordinance to amend ' ' An Ordinance respecting limitation of actions in certain cases," being chapter 56 of the Re- vised Ordinances 1888 An Ordinance to further amend Ordinance No. .i of 1888, intitul- ed " An Ordinance respecting the profession of medicine and surgery " All Ordinance respecting life insurance An Ordinance for the encouragement of mechanics' and liter- ary institutes An Ordinance respecting the personal property of maiTied women ". (i. 12. 13. 14. 10. 17. ■20 lo. 19. 1891-92. An Ordinance to amend "The Interpretation Ordinance ". . . An Ordinance to amend Ordinance No. 5 of 1888 and Ordinance No. 14 of 1890 respecting the profession of medicine and surgery An Ordinance to authorise the formation of an association under the name of the "Dairymen's association of the North- A\'est Tei'ritories " An Ordinance to furtlier amend chajiter 30 of the Re\'ised Ordi- nances 1888, intituled "The Companies Ordinance" ^^11 Ordinance respecting benevolent, provident and other soci-i eties 942 Extent OP Rbpeal. The whole The whole The whole The whole The whole The whole The whole The whole The whole except s. 19 The whole The whole The whole The whole The whole The whole The whole The whole The whole The whole The wliole 1898 OF ORDINANCES EEPEALKD SCHEDULE IL—Continued. TITLE OF ORDINANCE. 1891-92.— Co»f the Or- ] dinances consolidation An Ordinance to grant certain po's\'ers to the Town of Lethbridge An Ordinance to incorporate the Town of Medicine Hat An Ordinance to incorporate the Town of Wolseley An Ordinance to enable Thomas Wesley Jackson to be enrolled I as an Advocate of the North- A Vest Territories S. -2 S. 32 The whole The whole The whole S. 20 The whole S. 8(1) The whole The whole The whole The whole 951 IIN DEX TO T-HE CONSOLIDATED ORDINANCES 1898 422 422 422 422 422 The figures refer to the foot paging. Accidents, Compensation to Families of Persons Killed by Action for damages, for whose benefit and how hroiight ...... 422 one only, and to be lironght w^itliin a year of death •• Child," interpretation (^Compensation recovei'able notwithstanding death of jiarty injm Interpretation Limitation of action "Parent," interpretation 422 Accidents tay Fire, Investig-ation of Inquiry into cause of fire may be instituted l)y a justice .367 not to be instituted except (1) upon sworn statement of reason- able suspicion 367 (2) after report to attorney-general and receipt of authority to proceed 367 Examination of witnesses to be on oath, reduced to writing and re- turned to attorney-general 367 Penalty for non-attendance of witness and enforcement 367 Actions, Limitation of 354 431 Advocates See Legal Ppofession Affidavits, Commissioners fop Taking Agents, Mepcantile See Factors and Agents Agplcultupe, Depaptment of Short title 90 Organisation, commissioner of agriculture. 336 390 90 Province of department 90 Appointment of officers and clerks 90 Dvities of department 90 Annual report, etc 90 Persons required to furnish information to department 90 Agpicultupal Societies. Audit of accounts 542 Bodies corporate 543 Grants in aid of -'42 Meetings, annual and other . . .541 Objects of 541 Officers of, duties .541-542 Organization of 540 953 2 INDEX C. 0. The figures refer to the foot paging. Ag'picultupal Societies— ConKnued. Report, annual ■3'1"- to department of agriculture 543 Short title -Wi Alimony. Supreme Couit has jurisdiction to grant 352 When granted, continues until further order Soi Animals, Entire See Kntipe Animals Animals, Hepding' of 779 79-.' See Herding of Animals. See Pound Distpicts. Animals, Ppotection fpom Dogs. M04 Animals, Stpay. 786 See Stpay Animals. Apbitpation. Short title 363 fnterpretation ... 363 " submission " 363 "court" 363 "judge " 363 " ' rules of court " 363 References by consent out of court 363 Submission irrevocable 363 inchides provisions in schedule 363 party to, may obtain stay of legal proceedings 363 Arbiti'ator, appointment of, where no other provision 364 in place of arbitrator vm willing or unable to act 364 appointed by one party, failing appointment by other party, may act alone 364 powers of 364 Witnesses, summoning of and production of documents 365 Award, enlargement of time for making 365 Court may remit to arbitrators, etc., for reconsideration 365 Arbitrator, etc., guilty of misconduct may be removed and award set aside 365 Award improperly procured may be set aside 365 Enforcement of award 365 General provisions 365 Attendance of witnesses, issue of writs of subpoena ad test, and duces tecum 365 issue of writ of habeas corpus ad test. 366 Special case for opinion of court 365 Costs of orders 365 Direction for arbitration shall be deemed a submission 366 Schedule 366 Single arbitrator to act unless reference otherwise provides 366 Umpire to be appointed by t^\'o arbitrators 366 Award to be in writing 366 time for, and enlargements 366 Arbitrators failing, umpire to act 366 Time for umpire's awai'd 366 Examination of parties and production of documents 366 Examination may be on oath . 366 954 1898 tNDEX 3 The figures refer to the foot paging. AptaitPatlon— Coittimweti. Award to be final 366 Costs in discretion of arbitrators or umpire 366 Apboup Day Assembly, Legislative. See Leg'islatlve Assembly. 4 11 Assessment of Railways. Annual statement by railway companies to municipalities and school districts 630 Assessment of land, r(i;Khva>' and superstructure 680 Exemption as regards certain debenture indebtedness 630 Notice of assessment 630 Taxes payable to municipality oi' school district 630 collection of 630 Assignment of Choses in Action. Action for debt on assignment, claim In show chain of title 394 ■' Assignee " defined .394 Assignee's rights undei' assignment ... 394 after notice to debtor 394 .■Assignment of debts and choses in action 394 assignee's rights tmder 394 after notice to debtor 394 equities of debtor against assignor before notice 394 Debtor's equities against assignor before notice 394 Negotiable instruments not affected by Ordinance .. . . 394 Securities transferable by delivery 395 Assignments, Ppefenentlal Fraudulent and preferential assigmnents, etc., void as against creditors whether made owing to pressure or not 396 Assignments foi- benefit of creditoi's generally, Ordinance not applicable to 396 Bona fide sales and payments, Ordinance not applicable to 396 Attopney General, Department of Short title 86 Organisation of department 86 Duties of the Attorney General 86 Appointment of officers and clerks 87 Former acts legalised 87 Audit of Public Accounts. 103 See Treasury Depaptment. Auctioneeps, Hawkeps and Pedleps. .Auctioneer, license must be obtained liy 474 issue of 474 expires 31st December ... 474 fees 474 Fees on issue of licenses 474 Hawker, interpretation 474 license must be obtained l)y 474 application for, statement to be furnished 474 issue of 474 expires 31st December 474 fee 474 sales by, hmited to goods set forth in application . . 474 955 4 INDEX C. 0. The figures refei' to the foot paging. Auotloneeps, Hawkeps and Pedlers— C'o)i//n»erf. Interpretation 474 License to auctioneer, hawker or pedler 474 apphcation for hawker's or pedler's license, statement to be furnished 474 expires 31st December 474 fees 474 Municipalities excepted from operation of Ordinance 475 Pedler, interpretation 474 license must be obtained l)y 474 application for, statement to be furnished 474 issue of 474 expires 31st December 474 fee 474 sales by, limited to goods set forth in application 474 Penalty for violation of Ordinance 474 Sales by hawker or pedler limited to goods set forth in application for license 474 Benevolent and other Societies. Benefits to members, exempt from t'laims by creditors or personal representative .r2o payment of in good faith to wrong person .... .52.') recovei y by pei'son entitled 525 Branches may be established 524 Bylaws, rules and regulations, power to make 525 to alter or rescind 525 Certificate, judge's, on declaration of incorporation 324-526 defect in form not to invalidate incorporation 526 of incorporation, effect of as evidence 527 application to judge for 527 practice and costs on .527 evidence required on 527 issue of by clerk of court 527 contents of 527 Registrar's, on copy declaration 526 on copy judge's order 528 Change of name or purposes 528 proceedings for 528 judge's order 528 to be filed 528 certified copy evidence of change 528 rights and obligations of society not affected by 528 Declai'ation of incorporation 524 duplicate, to be in 524 certificate of judge to be indorsed on 524 defect in form not to invalidate incorporation 526 liling with registrar 524 fee for .524 certified copy to he evidence' 526 Defects in form of judge's cei'tiflcate, etc., no invalidity by leason of . . 526 Exchange of lands by society 526 Forms, approval of by Lieutenant Governor in Coun<-il, effect of. . . . 528 Incorporation for certain purposes 524 proceedings for .... 524 Lands, see Powers of society ... Lease of lands by society .526 956 1898 INDEX 5 The figures refer to the foot paging. Benevolent and other societies— ConfmuefJ. Liability of persons vinder age to pay fees, etc 52.5 Minors, liability to pay fees, etc 525 Mortgage lands, power to 526 Officers, power to appoint 524 Powers of society 524 Lands, etc., as to acquiring, etc., limited 525 by gift, etc., limited 525 sale, mortgage, etc., of by society 626 Sale of lands by society 526 Secretary, power to appoint 524 Short title 517 Statement of real property, etc., held, to be furnished when required. . 527 Treasurer, power to appoint 524 Trustees, power to appoint 524 Union of societies or branches for piirpose of building, etc 525 Bills of Sale. Affidavits and affirmations, who may administer 406 fee for administering 406 Agents' authority for taking or renewal of instruments may be general 404 "Assignee" includes agent or manager of incorporated company 404 Assignment, filing of 405 to be filed before renewal of mortgage 404 " Bargainee" includes agent or manager of incorporated company 404 Book, register to be kept by registration clerk 401 register of seed grain mortgages ^ 401 Crops, gTO'wing or future, security on 401 valid only if for purchase price, etc., of seed grain 401 statement to be contained in affidavits of bona fides 401 crop must be sown within one yeai' of mortgage 401 a preferential security 401 particulars to be stated in mortgage and affidavit 401 separate register of, to be kept by I'egistration clerk 401 Default, procedixre under mortgage on 402 causes for seizure by mortgagee 402 Description of property in instrument to be full 400 assignment for benefit of creditors, exception as to 400 Disti'icts, registration 397 Errors, rectification of 404 Evidence, certified copy of instrument to be 406 registration clerk's certificate of filing to be 406 False statements in insti'uments, etc., effect of 400 Pees for filing seed grain mortgage 401 for administering affidavits, etc 406 foi' filings, copies, searches and certificates 407 Holiday, time for filing expiring on 406 Mortgages of chattels 399 registration of, Avithin thirty days 399 effect of 399 has effect only in registration district where registered 400 affidavits of execution and bona fides to accompany 399 form of 399 to secure future adv-ances or to indemnify 399 form of ... 399 affidavits of execution and bona fides to accompany 399 6 tNbteX C. 0. The figures refer to the foot paging. Bills of Sttle— Continued. registration of within thirty days 400 effect of 400 has effect only in registration district where registered 400 " Mortgagee " includes agent or manager of incorporated company 404 Omission to register instrument, effect of 400 Omissions, rectification of 404 Register to be kept by registration clerk 401 of seed grain mortgages to be kept 401 Registration to be in district where property situate 401 Registration clerks for existing districts, continued 398 appointment of 398 office hours 398 inspection of oflflce 120 not to pi'epare instruments, etc 398 duties as regards I'egistration 401 Registration districts, existing 397 new, may be constituted 398 Removal of chattels from registration district 406 mortgagee to receive twenty days' prior notice 406 certified copy mortgage to be filed within three weeks in dis- trict to which goods removed 406 Renewal of mortgage 402 statement to be filed within two years and yearly therereaf ter .... 402-403 form of 403 affidavit verifying to accompany 402 personal representative or as.signee may make . . 404 Sale of goods, etc., without immediate deli\'er'y . 4U0 to be by conveyance in writing 400 registration within thirty days required 400 affidavit-! of execution and bona fides to ac- company 4UU effect of 400 has effect only in district Avhere registered 40( i Seed grain mortgages, see t.!rops Short title 397 Sunday, time for filing expiring on 406 BiPths, Deaths and Mapplagres. Registration of 129 „ ^. „ „ See Vital Statistics. Boapoing: House Keepers. 470 •o J- <:■<. 1.1 T.r ^®^ Hotel Keepeps. Boapding' Stable Keepeps. 472 Boileps, Steam Short title Ig3 Interpretation Ig3 Inspection of steam boilers 103 Inspectors, appointment and remuneration 163 not to be interested in sale of boilers or steam machinery. . 163 oath of office Ig4 duties of Ig4 Exemption of ceitain boilers from operation of Ordinance 165 Inspectors' right of entry for purpose of inspection Igg 958 1898 muteS: 7 The figures refer to the foot paging. Bollei>s, Steam— Continued. interference with, penalty 165 Inspection to be annual 165 fee, and disposition thereof 165 certificate of 165 to be produced to inspector on demand 165 Employment of unqualified person as engineer, an offence 165 Hydrostatic tests 165 Working pressure allowable 165 Inspection of boilers reported unsafe 165 owners to repair 166 pending repair, not to be used 166 Fusible plug to be used 166 Steam guage 166 Owner of boiler to facilitate inspection 166 Inspection of boilers in course of construction or repair 166 Record to be kept by inspector 166 Annual report by inspector to commissioner 166 Engineers 166 penalty for unqualified person acting as 166 grant of certificates to persons holding certain certificates of quali- fication 167 fee , 167 provisional certificate 167 fee 167 holder may obtain final certificate : 167 fee 167 exaiuination of holder before issue of final certificate 167 cancellation of certificate for cause 167 appeal to commissioner from decision of inspector 167 certificate to be posted in conspicuous place 168 of engineer of portable engine to be produced to in- spector on demand 168 effect of absence or non-production of 168 qualification for 168 12 months service 168 examination 168 fee 168 Examination fee 168 Permit to unqualified person 168 fee 168 Regulations and forms 168 Fees, application of 169 Penalties 169 Schedule, certificate of inspection 169 Brands. See Marking' and Inspection of Stock. 758 Bulls. See Entire Animals. 769 Butter and Cheese Manufacturing- Associations. Associations for uiaiuifacture of butter and cheese or providing cold storage 517 Books to be kept 518 declaration and rules, to contain 519 959 8 INDEX C. 0. The flgiires refer to the foot paging. Buttep and Cheese Manufactuplng Associations— Continued. uiembers to sign 519 Borrowing powers of 520 bonds to be approved by Lieutenant Governor 520 notice of issue to be given Terxitorial Secretary 520 Capital stock 519 $1000 at least to be subscribed before declaration filed 517 Corporate powers 517 Declaration, filing of 517 certificate of by Territorial secretary 518 to designate proposed places of business 517 Disputes may be decided by arbitration 519 Elections, mode of 519 Incorporation, mode of 517 Liability of shareholders limited 519 Meeting, first 518 rules and regulations to be framed at 518 Money payable by members under rules a debt to association 519 Mortgage by association of real estate 520 execution of 520 Name of association, restriction as to 517 Penalty for violation of contract to supply milk 520 Returns, annual, to Territorial sec-ietai y 519 Rules and regulations to be fianied at fiist meeting 518 i-ojJY to be filed with Tenitorial secretary before operations commenced oils may be amended, etc 518 binding on members 519 Dairymen's Association Book, minute 521 declaration to be 'written in 521 members to sign 521 Fees 521 Government of ... 521 Members, ininimmn number of 521 Real estate, may possess, to value $10.000 52o Report by officers at annual meeting ... ,521 Short title of Ordinance 517 Cemetepies. Book of leciiiil of l)ylawM and proceedings 537 for management of eemeteiy and eiecticjn of monmnents 538 shareholders to have free access to . . .537 Burials, recoi'il of . .-)3l-) rights to seaich and make extracts therefrom .... 539 Bylaws, directors may pass , ... 538 record of, to be kept .... 538 Ce'ini-tci y and bviildings, etc., to be kept in repair ,537 to be drained ... ... 537 exempt from taxation oi' seizui-c ■. . 53,s to lie inclosed .537 ComiKuncs formed under R.O. chap. 24 continued, .subject to this Ordi- nance ... ,-,33 ('onveyances, directoi's may liy bylaw emjjower president to execute . 538 Directors, annual election of g3g board of -,'-j(i 900 1898 INDEX 9 The figures refer to the foot paging. Ceiuetevlea— Continued. quorum 536 choice of first 536 qualification of 536 Funerals, proper conduct of 538 Graves not to be near buildings 538 Incorporation, conditions and procedure 533 Instrument to be executed by shareholders on formation of company 533-534 or duplicate to be deposited with Territorial secretary 633 Interest on paid up stock 535 Land to be held and conveyed for purposes of cemetery only 535 Liability of trustees 539 Lots exempt from taxation and seizure 538 Notice of formation of proposed company to be published in gazette 533 Owners of lots, rights of 536 Penalty for fouling water 538 suit for recovery of 538 limitation of time for 538 for misconduct in cemetery 539 Poor, graves for, to be furnished free 537 Powers of company 533 President, election and duties of 536 Record of burials 538 of bylaws and proceedings 537-538 Regulations, trustees may frame 538 record of to be kept 538 Reservation of part of cemetery for exclusive use of religious society or congregation 537 Sales, application of proceeds of 536 lots of any size may be sold • 536 Shareholder, rights of 535 who is a 536 Short title 533 Stock, amount adequate to purchase ground to be subscribed on forma- tion of company 533 25% to be paid on formation of company 533 receipt for to be deposited with Territorial secretary 533 not represented by land in the cemetery may be repaid to share- holder « 535 calls on 537 forfeiture for nonpayment of 537 directors may remit if call paid 537 Strangers, graves for, to be furnished free 537 Transfer of land to be registered within twelve months 535 Trustees appointed under Ordinance No. 5 of 1892 continued, and subject 534 to this Ordinance 534 board of, organisation of 534 liability of 53f( successors to, appointment of 535 Voters upon election of directors, qualification of 530 Water, fouling, penalty for 538 suit for recovery of 538 limitation of time for ... 538 damages, civil action for 538 Chattel Moptgag-es 397 SeeBills of Sale 61 m 10 iNftEX CO. The figures refer to the foot paging. Cheese Manufaetuplng' Associations. 517 See Buttei> and Cheese MTg Ass'ns Chemists and Dpug'g'lsts 460 See Phapmaceutlcal Association. Chimneys. Construction of, regulated 817 Choses In Action. Assignment of 394 Civil Justice 187 See Judicature. Civil Service 80 See Public Service Clepks and Deputy Clepks. Deputy clerk, appointment 322 districts 322 powers and duties 323 actions to be connnenced and carried on in deputy clerk's district . 323 seal and books to be same as clerk's 323 probate matters 323 guardianship of persons 323 guardianship of estates 323 proceedings commenced without writ 323 examination for discovery 323 appeals from convictions 323 pending business to be completed in office where pending 324 inspection of offices 120 Process issuers, appointment, returns, etc 324 Security of clerks and filing of copy 324 may be sued upon 324 certified copy prima facie evidence 324 Security of deputy clerks 324 right of action on 324 Responsibility of clerks for deputies ceases after security given 325 Oaths of office and allegiance 325 to be filed with clerk of the executive council 325 ■^'acancy, disposition of books, etc 325 forcible recovery of books, etc 325 Prohibition from practice as advocate while holding office 325 Books and forms to be furnished by and be property of government . . . 325 Fees and returns 326 Interpretation 326 " clerk " 326 " fees " 326 Fees in chamber matters 326 chamber book to be kept 326 fee book to be kept 326 annual return under oath to Territorial treasurer 326 fee boolv to be open to inspection 326 fees retainable by clerk 326 proportion to be transmitted to Territorial treasurer 327 Penalty for failure to keep books 327 non-transmission of annual statement 327 required proportion of fees 327 Disposition of proportion of fees received by Territorial treasurer .327 Oath of office 328 i)(i2 1^98 il^bfeX 11 The figures refer to the foot paging. Coal Mines Regulations. Abandonment of mines 150 Accidents to be reported 149 Age of employees 144 misrepresentation as to 144 Change of name of mine 150 owner of mine 150 Entrances, regulations as to 144 Examining board for managers, etc 147 Fire boss 148 General rules for operation of mines 153 Information for commissioner 161 Inspectors, powers and duties of 152 Interpretation 143 Managers of mines, to be employed 146 certificates to 147 New shafts, opening 150 Notices 151 Nuisances 150 offences and penalties 160 Persons not allowed to work in mines 144 Pit boss 148 Plans of mines 152 Precautions for safety of persons employed 144 Register of employees 144 Regulations and forms 161 Reports and returns 149 Rules, general 153 special 160 Safety of persons employed in mines 144 Shafts 145 Short title 143 Working mine prohibited for breach of Ordinance 145 CoUeg'e of Physicians and Supg'eons, 443 See Medical Ppofesslon Commlssioneps of Inquiry into Public Matters. . .• 120 Commissloneps to Admlnlstep Oaths. Ooxnmissioners for taking affidavits within the Territories 288 advocates of the Territories shall be 288 appointment by Lieutenant Governor 288 Commissioners for taking afiidavits, etc., without the Territories 288 style of 288 Companies, Changing^ Names of Application for, notice to be given 511 Contracts, etc., not affected by change 511 Lieutenant Governor in Council may authorise oil Proposed new name objectionable, substitution of other 511 Notice of change to be published 51 1 Companies, Fopeign Annual statement to be furnished 512 Amount of paid up capital to appear on documents 5] ! License to Sl-i documents to be filed on grant of 512 Penalties 514 61J iJ03 12 INDEX CO. The figures refer to the foot paging. Companies, Fopeisn— Continued. ~" ' Power of attorney to be filed by 512 Short title 512 Companies, Joint Stock ..,x. ,. Actions between shareholders and company :-..■;■:.■ 501 Agencies of, out of Territories 502 Application for incorporation ■.-...... 488 advertisement of 488 time for 488 contents of petition •. . . . 488 amount of stock to be taken - 488 amount of stock to be paid up 488 proof of preliminary matters 489 preliminary requirements, directory 489 fees for 504 tariff of 509 Attorney, acts by 502 Books of company inspection of 497 falsifying 497 omisssion to keep 497 prima facie evidence 497 Borrow^ing money, etc 495 Bylaws, evidence of 501 Calls, times of 495 when due 496 payment on before due 496 forfeiture of shares for non-payment 496 action for 496 Capital stock, increase or reduction of 490-491 Contracts by officers 502 Corporate name 489 Directors, number 493 qualification 493 election 493 powers of 494-495 liability of 500 indemnity of 504 Dividends 502 Domicile 500 Electric companies, special clauses 504^509 Pees on applications 504,509 Forms 509 Gas, electric, etc., companies, special clauses 504-509 Interpretation 487 Incorporation, allegation of in legal proceedings 501 evidence of 5O1 Letters patent, grant of 487 additional provisions in 489 recital of material facts 489 restriction of, after incorporation 489 notice of grant of 489 forfeiture by non-user 5O4 " Limited "' to be appended to corporate name 5O2 .Vleetinffs, general 493 964 189^ INDEX - 13 The figures refer to the foot paging. Companies, Joint Stock.— Continued statement to be laid before Mi voting at 494 special ,502 OfHce of 509 change of ,-,01 Penalties, enforcement of .509 Powers of company, generally 492 supplementary letters extending ., 490 Proceedings, authentication of .lOl Proof may be by affidavit .302 Prospectuses and notices, contents 503 fraudulent .503 Seal, when not reqxiired ' 501 Service of process 501 on shareholders .501 Short title 487 Shareholders, general meetings of 49.3 liability of 499 repi'esentative may vote .500 Statement by directors to shareholders ' 504 Stock, personalty • 590 transfer 492,497-499 allotment 492 shares subject to payment in cash 492 trusts affecting 5O3 Supplementary letters patent, application for 490-492 time for 490-492 notice of 490-492 preliminary proofs 490-492 grant of 490-492 notice of 490-492 Telephone companies, sjiecial clauses 504-509 Water companies, special clauses 504-509 Companies, Mining Application of other Ordinances 516 Disposal of stock 515 Limitation of liability of shareholders 515-516 "Non-personal liability " to appear on documents 515 Stock certificates, contents 515 sale of on nonpayment of calls 5)6 Con>pensation to Families of Persons Killed by Accidents. 422 Conditional Sales of Goods. Bailor, see Seller Certified copies of instruments filed />?-/»;«_/»«> evidence 410 Conditional sales of goods to be in wi-iting and registered 409 Fees foi' registration, copies and cei'tificates 411 Penalty for false statement in renewal statement "... 410 Registration, place, time and manner of 409 fees 411 Removal of go( ids . . 409 Renewal statement to he filed within two years from registration and annually thereaftei- 409 penalty for making false statement in. . 410 seller or bailor bound by statement in 410 9(55 1 • 14 INDEX CO. The figures refer to the foot paging. Conditional Sales of Qoods— Continued. Sale by seller or bailor retaking possession, five days' notice of intention to be first given 410 Satisfaction, memorandum of, to be given by seller or bailor on payment or tender of amount due 410 may be registered 410 Seller or bailor bound by statement in renewal statement 410 to give memorandum of satisfaction on payment or tender of amount due 410 retaking possession, to hold for redemption for 20 days 410 Constables. May be appointed liy a Justice of the Peace .360 Powers and duties Territorial 360 Duration of office 360 Oath to be taken before justice 360 Contag-lous Diseases. 174 Bee Public Health. Contpovepted Elections. Address foi' spi'vice on petitioner 73 respondent 73 Admission I )y respondent of undue election . . . . 77 Appeal to Court en banc, proceedings on 78 Stay of proceedings pending setting aside 78 Application to set aside petition 73 Applications to be by summons ... 76 Ballots not to be counted by judge 79 Candidate claiming .seat, objections Ijy respondent 74 report of judge in case of 77 Clerk defined . . . . 72 ( 'osts, security for 73 discretion of judge 77 dismissal for want of prttoecutiini on 76 as in cause in court. . 76 on withdrawal 77 payment out of security 77 Dismissal of petition for nonprosecution 76 for want of proof 77 Election set aside, writ to issue 77 Forms 79 Fees, Judicature tariffs apply 76 luterpretation 72 ■' Judge " defined 7-2 report of 76 Judicatm-e Ordinance, provisions apply to petition 76 appeals 78 Petition against return, time for 72 who may petition 72 form and contents of 72 filing of 72 siTvice of, time and manner 73 extension of time for 73 substitutional 73 Address for service of petitioner 73 Service where address omitted, see Respondent 73 96() 1898 Index 15 The figures refer to the foot paghig. Contpovepted Elections— ConhnwetZ. evidence need not be stated in 74 when at issue 75 deemed cause in court 76 Particulars of petition, application for 74 time of 74 order for 74 objections where seat claimed for defeated candidate . application for 75 time of 75 order for 75 Recount of ballots not permitted 79 Registrar of court en banc to certify result of appeals 7H Report of judge 7H holding, pending appeal if stay 78 after appeal heard 78 Respondent, service of petition on 7S address for service to be given 78 service where omitted 73 application by, to set aside petition 73 time for 73 grounds for 73 costs 74 for particulars 74 non-prosecution by petitioner, may apply for dismissal ... 76 may admit undue election 77 Security to be deposited with petition 73 costs payable out of 77 Service of petition, see Petition 73 Stay of proceedings pending appeal 78 setting aside 78 Title 72 Time for presentation of petition 72 Trial of petition 76 appointment of time and place for 76 if not applied for by petitioner respondent may apply for dismissal 76 trial may be ordered on such application 76 Report of judge 76 Writ of election, issue of, if election set aside 77 Withdrawal of petition, filing 77 service on respondent 77 costs in case of 77 of objections to claim of defeated candidate filing 77 service 77 costs in case of 77 Coppoi>ations. General powers and incidents 6 Costs of Distpess. In extra judicial seizures 361 Cpedltops' Relief. Attachment of goods, proceeds of, distribution 339 Book to be kept by sheriff 338 Contest among creditors, scheme of distribution 341 Contestation of interpleader proceedings 339 Costs fli'st charge on moneys levied 339 967 16 INDBX C. 0. The flgufes refer to the toot paging. Cpeditops' Relief— Continued,. Deposit of moneys levied in bank 342 Distribution of moneys levied 338 questions as to, scheme for 341 exception, exempted goods 342 Employees, pref ei'ential claim of 342 Execution, creditors by, only, to shaie . . 340 goods or lands, share in proceeds of eithei- 339 payment without seizure 339-340 return of, when to be made 340-341 stay or withdrawal of, effect 340 Forms 343-344 Fund in court belonging to debtor, seizure of 340 Goods exempt on general writs, proceeds not distributable 342 execution, shares in jiroceeds lands 339 Interpleader pi-oceedings. carriage of. scheme of distribution .341 interpretation "judge," " sheriff " .338 [rregulai-ities not to avoid proceedings 342 Levy, notice of to be entei-ed 338 particulars of to be kept 341 second or further, procedure .... 339 Lands, execution, shares in proceeds goods 339 sale of, time for distribution 338 Moneys in court, seizure of .340 levied, notice of 338 to be placed in bank 342 Notice of levy to be entered by sheriff 338 Payment of execution voluntarily without sale . . . . i 339-340 Poundage, computation of 340 Priorities among creditors abolished 338 Questions as to distribution, scheme 341 Return of execution 340 Salary, priority of claim foi' 342 Scheme of distribution ,341 Seizure, one sufficient 340 Sheriff', book and statement to be kept by 338-341 compelling payment by 341 duties after levy on execution 3,38 moneys to be placed in bank by 342 poundage ,340 to give information .... .... 342 Short title 338 Stay of execution 34O Wages, priority of claim for 342 Withdrawal of execution 34O Daipymen's Association. .ilT See Buttep and Cheese, Manufactupe of Deaths, BlPths, Mapplag-es and Registration of . l-jii S(i Vital Statistics. Dentistry. (.'ertiticat!^ (if I'egistration . 4.5X Dental Assoi'iation of the North-West Tei-ritorie-; constituted 45(1 Kxaminers. hoard of, officers to con,stitute 45)^ dutv of . 968 4.=i8 1898 INDEX 17 The figures refer to the foot paging. Dentistry— Co«' Klection )naterial, deputy retimiing officer to be supplied with 32 description of 32, 60 when not available, supplving 33 972 1898 iNt)EX 21 The figures refer to the foot paging. Eileetlons— Continued. Electors, information to, posting 32 as to polling place 33 qualification 35 vote where resident 36 Expenses of elections, payment of 56 unauthorised or extraordinary expenditure, pay- ment of 56 Fees, extraordinary expenses 56 tariff of 71 warrant of Lieut.-Gov. for payment of 56 Forms, schedule of 62 provision of 32 Gazette, publication in, of name of candidate elected 56 Hiring teams, etc., at elections prohibited 57 Hustings for nomination purposes 28 proceedings at 30 Illegal voting. See Voters Information to electors, to be posted 32, 33, 34 Interpreter, employment of 37 to be entered in poll book 37 permitted in polling booth 35 oath of 37 Intimidation, penalty 57 Judge, See Court of revision disqualified or unable to act 55 report as to corrupt practices 57 Material, description of, to be supplied returning officers 60 when not available 33 Nomination, consent of nominee to be obtained 29 close of 30 day of 26 deposit at 29 names to be announced 30 paper, form of 29 signature of 29 filing with returning officer 29 place of 30 pc«tponement of 29 proclamation prior to 28 receipt, evidence of filing paper, etc 29 time between, and election 31 withdrawal of candidate 31 Notice of election, contents of 31 posting 31 Objections, entry of 34, 40 Offences and penalties. See Penalties. Opening of poll, hour of 31 objections to be entered 34 procedure at 34 Penalties, contravention of Ordinance 58, 59 corrupt practices at elections 56, 57, 58 discrepancy in number of ballots issued and found in box .... 59 hindering carrying out of Ordinance 59 omission by officials to perform duty 58 personation 59 recovery of 59 97;^ 22 iiiOfei C. 0. The figures refei- to the foot paging. Elections— Contmued. violation of secrecy of ballot 59 voters, illegal acts by 58 voting more than once 59 Pencils assigned candidates 35 description of 35 name of candidate to be on 35 Personation; penalty 59 Poll, date of to be announced 31 declaration of result 48 hours of 31 procedure on voter presenting himself 36 room for, who may enter 34, 35 contents of 34 inspection of 35 statement of result of , 41 to be sent returning officer 41 time for 31 Poll book, accuracy of to be certified 40 entry when vote tendered 36 statement required 36 inspection to be noted in 35 entry when interpreter employed 37 notice given voter to answer charge 38 election officers vote 39 person unable to mark ballot votes 39 person voting in name already voted on 39 open to inspection .; 34 where kept 34 Poll clerk, appointment of 33 constable on polling day 33 discrepancy in number of ballots issued and in box, pen- alty on 59 duty in case supplies not available 33 deputy returning officer does not act 33 improper use of stamp by 58 oath of 33 omission or duty or contravention of Ordinance , .. . . 58 powers and liabilities 33 vote in polling division other than residence 39 Polling divisions, formation of 28 number of voters to be contained in 28 Polling places, additional may be provided 29 preparation of 33 rooms in, outer and inner 34 schools may be used as 28 securing 28 Postponement of nomination or election 29 special report to be made in case of 29 Proclamation, contents of 28 form of 28, 64 posting prior to nomination 2s places of 28 at polling place 33 Recount by judge, See Court of revision abandonment if not properly demanded, etc o2 974 1898 iNbkx 23 The flgvires refer to the foot paging, Klectlons— Continued. appointment for 52 service of 52 proof of 52 ballot boxes, etc., disposition pending 52 candidate returned other than one first declared, immunity of latter 55 cost of recount and subsequent proceedings 54 count of ballots 52 demand for 51 evidence may be taken regarding poll 53 judge to notify clerk of Executive if poll held invalid 54 disqualified or unable to act 55 particulars to be recorded 53 poll may be declared invalid 53 further, after first held to be invalid 54 returning officer at 54 subdivision of polling division in such case 54 conduct of 54 recount not to be closed till held 54 rejection of illegal ballots 52 result a tie, where 55 statement of judge as to 54, 55 security for costs 51 time for and place of 51, 52 Resignation not permitted after poll till result determined 55 pending election petition 55 Return of writ, date of 26 to clerk of Executive 48 report in case of postponed election 29 Return, publication in Gazette 56 Returning officer, certified copies to be furnished by 45 count by 45,46,47 decision by, where court of revision disagreed 45 declaration of election by 48 deputy returning officers to be appointed 32 disposition of ballot boxes, etc., after election 48 disqualification of, not to avoid election 26 duties on receiving writ 28 fees and expenses of 56 indorsement of receipt of writ 27 materials for elections to be supplied by 32 nomination proceedings, duties at 30 notices of polling to be given by 31 oath of office 27 omission of duty or contravention of Ordinance .... 58 penalty for opening ballot box before count 45 postponement of election 29 special report in case of 29 proclamation by 28 qualification of 26 refusal or inability to act, duty of 26 Schedule No. 1 60 declared part of Ordinance 60 School houses, use of as polling places 28 Scrutineers, appointment of 35 975 24 INDEX C. 0. The figures refer to the foot paging. Elections— Continued. powers at polling places 36,38,39 statement of result of poll to 41 vote in division other than residence 39 Secrecy of ballot, violation of, penalty 59 Sheriff, ballot boxes, etc., to be handed to 48 duty when election proceedings concluded 55 security for appeals, deposit with 84 recount, deposit with 51 Short title 26 Spoiled ballots, spoiled before used, destroying and delivery of new ballots 40 spoiled, but placed in box, disposition of 40 Stamp, improper use of, penalty 58 Treating at elections, penalty 57 Voter, appeal, has right of 45 ballot paper, delivery to 37 charge of illegal voting, notice of 38 disposition of ballot after 38 directions to 37 illegal acts by, voting twice 59 accepting bribe 58 hiring teams to candidate, etc 58 not understanding English 37 numbering consecutively 36 pencils, delivery to 37 person tendering vote in name of person voted 39 personation of 59 polling place, to leave after voted 38 qualification of 35 questions to be asked 36 answers to recorded in poll book 36 resident, to vote where 36 secrecy of ballot, violating 59 spoiling ballot paper, may receive another 4ii statements to be made by 36 record of, to be made 36 filing 36 refusal to subscribe 36 unable to sign statement, to make mark 37 mark ballot 39 unlawful acts in voting 58, 59 X'oting. See Polling. \Yrit of election. See Returning officer. contents of . . . . 26 form of 26 issue of 26 reading at hustings ... 30 return, See Return of \vrit ... .... 26 transmission of 26 Elections, Contpovepted See ContPOvePted Elections. Engrlneeps Opepatlng Steam Boileps. See BoUePS, Steam 976 72 163 1898 INDEX 25 The figures i^efer to the foot paging. BntlPe Animals. Advertisement of capture of stallion or bull 770 costs of, captor to be reimbursed 770 Bull nine months old and upwards not to run at large 7()!i exception 7iHl running at large, capture and detention of. Sec Stallion or bull . '■ Captor." nitei'pretation of expression 7(59 " Department." interpretation of expi-ession 769 Fees to captor of stallion or bull 770 to justice 771 to salesman 771 Interpretation 769 •'Justice " interpretation of expression 769 " Minister" interpretation of expression 769 " Owner" interpretation of expression 769 Penalty foi' omitting to pay captors' fees, etc 770 foi' owner allowing stallion or bull to run at large after notice 771 "Run at large,' "running at large," interpretation of expressions, . . . 769 Short title 769 Stallion of one year old and upward not to ruii at large 769 Stallion or bixll running at large may be captured and detained .... 769 except in pound or herd district 709,771 owuei' to be notified- by captor 77. of townships 23 and e. of range 23 w. 2 mitil 1 Oct. 1901 808 six head only may be taken by one person in one sea- son except for food 808 fawn may be taken and domesticated 808 export from Territories prohibited 809 Mountain sheep, protected 1 Feb. — 1 Oct 808 s. of townships 23 and e. of range 23 w. 2 until 1 Oct. 1901 808 six head only may be taken by one person in one sea- season except for food 808 fawn may be taken and domesticated 808 sale, etc., or purchase, etc., of prohibited 810 Muskrat, protected 1.') May -1 Nov 809 Narcotics, use of grain, etr,. .steeped in. prohibited in capture of wild fowl, except geese 809 Nightlights, use of for taking swans, geese or ducks, prohibited 808 Xon-residents of Territories, license to 810,811 limitation 811 fee for 811 North- ^\'est Mounted Police, members of force, are ex officio ^ame guar- dians 811 (Jpinm, use of grain, etc.. steeped in, prohibited in capture of wild fowl, except geese . 808 Otter, protected 15 May -I Oct . 809 Partridge, protected 1.3 Dec. — 15 !Sept 808 not more than 20 may be killed liy one person in one day. . 80S cei-tain instrviments of capture not to be used and may be destroyed 809 export from Territories prohibited 809 eggs of not to be taken, etc 808 Penalty for unlawful killing, vtc, of certain animals or birds, or taking eggs, and enforcement 808 disposition of 810 for shooting without permission over enclosed or ctdtivated lands. 811 PhcHsMiit. protected 15 Dec. — 15 Sept SOS not more than 2i) may be killed by a person in a day . . SOS certain instruments of capture not tn be used and may be destroyed .... . . 809 export from Territories prohibited 809 eggs of may not be taken, etc 808 Po.sses.sion in close season of carcase, etc., evidence of unlawful killing.. 809 Prairie chicken, protected 15 Dec. — 15 Sept 808 not over 20 to be killed 1)>- a person in a day 808 certain instruments of captvu-e not to be used and may be destroyed 809 export from Territories prohibited 809 sale, barter or exchange by other than actual killer. etc. , prohibited ... sny 982 1S9S tNDEX 31 The figures refer to the foot paging. Game, Ppotection of-Continued. Prairie chiclten, eggs of not to be taken, etc 8(i8 Prohibitions 808 Prosecution, limit of time for bringing 81(i Sandpiper, protected 1 Jan.— 23 Aug 808 certain instruments of captvire not to be used and may be destroyed 809 eggs of not to be talven. etc 808 Seizure of carcase by game guardian, and confiscation 809 Short title 808 Snipe, protected 1 Jan.— 23 Aug 808 certain instruments of capture not to be used and may be de- stroyed 809 eggs of not to be taken, etc 808 Steeped grain, seed, etc., prohibited 809 Sunken punts, use of foi' taking swans, geese or ducks, prohibited 808 Swans, certain modes of capture prohibited 808 certain instruments of capture not to be used and may be de- stroyed 809 Swivel guns, use of prohibited for taking swans, geesp oi' duQks 808 Gaols. Provision as to imprisonment under Ordinances .i Gazette, The Nopth-West Teppitorles Publication of 119 Genepal Tpust Coppopation of Canada. Account of administration to be rendered if required S7!i Investigation into and report upon affairs and management of corpor- ation 879 costs of 879 Liability of corporation 879 Money held by court may be deposited with corporation 879 corporation may invest in cer- tain securities 879 act of incorporation applicable 879 Offices with which corporation may be entrusted 879 Powers of corporation under its act of incorporation ma>' be exercised within Territories 880 Security for performance of duties unnecessaiy 879 Lieutenant Governor in Council may require 879 Goods, Conditional Sales of Bailor, See Seller Certified copies of instruments filed prima facie evidence 410 Conditional sales of goods to be in writing and registered 409 Fees for registration, copies and certificates 411 Penalty for false statement in renewal statement 410 Registration, place, time and manner of ;. . . 409 fees 411 Removal of goods, registration after 409 Renewal statement to be filed within 2 years from registration and annually thereafter 409 penalty for making false statement in 410 sellor or bailor bound by statement in 410 Sale by seller or bailor retaking possession, five days notice of intention to be first given 410 983 32 INDEX C. 0. The figures refer to the foot paging. Goods, Conditional Sales ot— Continued. Satisfaction, memorandum of, to be given !)>• sellor or liailor on paj-- ment or tender of amount due -tlO may be registered 410 Seller or bailor bound In- statement in renewal statement 410 to gi\-e niemorandinu of satisfartion on payment oi' tender of amount due 410 retaking ))osbessi(in. to hold for redemption for 20 days i\() Goods, Sale of 37;^ See Sales of Goods. Hamlets. Prevention of fire and disease in - . , 642 See Villag'es. Hawkers and Pedleps. . . .-. 474 See Auctioneeps, Hawrkers and Pedleps. Hepdlng' of Animals. " Animal " defined . ... 792 Bulls in herd districts 794 running at large, penalty foi- allowing after notice 794 Complaint by owner, notice to poundkeeper, deposit of damages, etc.. and release of animal 798 how to be fornndated . . 798 . hearing of . . . - , 798 Connnon law rights of owner, saving as- to. ... ... . 799 Damages may be claimed by action in competent court . ... 799 "Department defined 792 Distraining and impotmding of animals. .See Impounding. animals distrained may be released before impounding on payment of chaiges 796 "Distrainor defined ... 792 Fees for inspection of pound book ... ~9o for extracts from pound book . ... ... 79.5 in iHs])ect of impotmding animals, payable to pound keeper. 796 to proprietor and pound keepei' SOI ■ Herd district " ilefiiicd .... 792 what districts may be organised, and how ., 793 Impounding of animals, causes for which animals may be impounded. 793 statenjent to he left with poundkeeper on. . . 794 m tmauthorised potiiid or place, penalty for 794 damages not recoverable from owner 796 temporai-ily in unauthorised place 794 notice to owner 794 Intei'pretation . 792 •'Justice ' defined . . 792 ■ iliiiister " defined 792 Offences and penalties 799 Operation of Ordinance, time and ]ilace . . 793 '.b'a-anisatioii of herd districts 79;:; declaration by Lieutenant Gov<-riior in Council. . 793 notice of intention to be published and posted before 793 9.H4 1898 • moEx 33 The flgui'es refer to the foot paging. Herding' of Animals— Gontinued. Organisation, notice of intention, how to lie posted 793 may l)e made failing objection.s within 30 days. . 793 objeetions, how to be made 793 " Owner " defined 792 Penalty for allowing stallion or i)ull to run at. large after notice 794 impounding animal in iinauthoai.sed pound or place 794 offences by poundlfeeper 799 rescue of impounded animal Slid destruction or injure- of pound 800 illegal impounding ' 800 causing animal to trespass 800 Pound existing continued and subject to Ordinance 795 publication in Gazette of establishment or abolition to be evi- '. dence - 79,5 fo be kept clean and in repair, and animals supplied with food and water , . ■ 796 Poinid hook and copy of Ordinance to lie kept liy pouudkeeper . . , . ; 79.5 open to inspection of J.P. or N.W.^i.P. without charge. . . . 795 any person on payment of fee of 10c. ■ 795 extracts from, fees for 795 to be handed over to successor 796 '■ Poimdkeeper " defined 792 existing continued and subject to Ordinance . ... 795 appointment of 795 notice of to be published in Gazette . . 795 terminates 31st DecemVier. . . 795 eligible for I'eappointment . 795 resignation of 795 publication in Gazette of appointment or removal to be evidence 795 to keep pound clean, in repair, and animals supplied with food and water 795 bui'den of proof on. that auinials properly cared foi-, etc 800 responsibility of for loss or damage 795 returns by to ^liuister when I'eciuired 79fi to detain animals impounded until fees paid and receipt of notice, etc 796 notice by to owners of animals impounded 796 publication of in Gazette 796 to be posted at pound ... 796 offences by and penalties therefor 799 " Propi'ietoi- " defined 792 Return by poundkeeper to .Minister when required . .. 796 •' Run at large," "running at laig-e " defined 79-2 Sale of impoimded animals, when animals may be sold, and notice. 797 ponndkeepei- to be auctioneer 797 no penalty for acting as auc- tioneer without license. 797 hmc and place of 797 poundkeeper not to have interest in . . 797 when aninuils may not be sold 797 if owner unknown all animals to be sold . 797 return to department 797 proceeds of, how to be disposed of 797 985 34 INDEX C. 0. The figures refer to the foot paging. Herding of Animals -Continued. Sale of impounded animals, proceeds of, unclaimed balance to be paid to Minister 79S if unclaim- ed for 12 months to form part of general revenue fund 798 Short title • 792 Stallions or bulls in herd districts 794 running at large, penalty for allowing after notice 794 ' ' Trespasser " defined 792 Hire Receipts and Conditional Sales of Goods. Bailor. See Seller Certified copies of instruments tileA prima facie evidence 410 Conditional sales of goods to be in writing and registered 409 Fees for registration, copies and certificates 411 Penalty for false statement in renewal statement 410 Registration, place, time and manner of 409 fees 411 Removal of goods, registration 409 Renewal statement, to be filed within 2 years from registration, and annually thereafter 409 penalty for making false statement in 410 sellor or bailor bound by statement in 410 Sale by seller or bailor retaking possession, five days notice of intention to be first given 410 Satisfaction, memorandmn of, to be given by seller oi' bailor on pay- ment or tender of amount due 410 may be registered 410 Seller or bailor bound Ijy statement in renewal statement 410 to give memorandum of satisfaction on payment or ten- der of amount due 410 retaking possession, to hold for redemption for 20 days. 410 Holidays. Hospitals, Public Aid to Extension to hospitals other than those named 183 Grants in aid of hospitals 184 when appropriation insufficient 185 Inspection of hospitals 185 Interpretation " free patient" " partially free patient " 184 Returns, when and how to be made ... ... isg false, penalty Igg Schedule of hospitals assisted 186 additions to., 185 Short Title 184 Hotel and Boarding' House Keepers. Detention of trunks and personal property of person indebted for board and lodging 4.70 See also Lien General revenue fund, unclaimed surplus in hands of Territorial treas- urer for one year to form part of 47O • 986 i898 tNDEX 35 The figures refer to the foot paging. Hotel and Boapding' House Keepers— Continued. Liability of hotel keeper for safe keeping of property detained 470 for property brought on to premises, limited , . 470 Lien of hotel and boarding house keeper 470 additional to other legal remedies 470 none for liquors 470 none if hotel keeper refuses to receiye goods for safe custody 471 none unless copy of Oi'dinance kept posted in hotel 471 Liquors, no lien for 470 Notice of intended sale to be posted up 470 Ordinance, copy of to be kept posted in hotels 471 rights under, additional to other legal remedies 470 Proceeds of sale, disposition of 470 Responsibility of person seizing for safe custody of goods seized. See Liability 470 Sale by auction after expiration of three months fi'om seizure 470 notice of, to be posted up 470 pi'oceeds of, application of 470 surplus, disposition of 470 Short title 470 Surplus to go to person entitled : 470 unclaimed, Territorial treasurer to hold for one yeai-, failing claim, to foi'ui part of general revenue fund. . . 470 Imppisonment under Opdinances. Imppovement, Local 64.5 See Local Imppovement. Infants. Custody of 298 Estate and property of 30) See Judicatupe. Inqulpies eoneepning Public Matters. Commissions of inquiry, appointment of 120 Inspection of public offices 120 Powers of c onnuissioners 120 Insane Persons. Attorney General, report of inquiry, with copy information and evid- ence, to be forwarded to by .J. P 874 further inquiries may be ordered by 874 Discharge of person alleged to be insane if inquiry fails to establish insanity 875 Estate and property of 296 See Judicatupe. Evidence, what to be taken . 874 copy of to be for^'airted tf) Attorney General with .T.P.'s report '^74 power to summon witnesses 87.") Fees to J. P 875 Information, warrant to be issued )iy J. P. upon 874 copy to be forwarded to Atttnney General with .T.P.'s report 874 Report by .LP. (with copj-, information and evidence) to be sent to Attorney General 874 Warrant to apprehend, issue of by .LP 874 form 875 Warrant of commitment 874, 875 Witnesses, power to J.P. to summon 875 987 36 INDEX C, 0. The figiirps refer to the foot paging. Inspection of Steam Boileps. See BoUeps, Steam, Inspection of Stock. 8oe Mapkin^ and Inspection of Stock. Institutes, Mechanics' and Litepapy 163 758 .i29 Soo Mechanics' Institutes. Insupance fop the benefit of Wife and Childpen, Actions for insurance money to be consolidated, parties 427 Ante-nuptial policy, subsequent, declaration for benefit of wife oi' children valid 423 Appointment of trustee, etc., company to be notified 42S Apportioned policy, share of a beneficiary dying before insured person, in default of other disposition, to form part of estate of insured . . 424 Apportionment of insurance for benefit of wife and children, or wife, children or child 423 may be varied by declaration or will 424 absence of, division 424 death of beneflciai'v or beneficiaries 42.5 declaration for bene- fit of future wife or child- ren 425 Assignment of policy 424, 428 persons entitled in succession 428 Bonuses and profits subject to direction of inspired 427 Borrowing money for payment of premiums, sums boriowed a first lien on policy 427 ( Children as a class beneficiaries, proof of number, names and ages to be adduced to company 426 Ciompany admitting claim, failing trustee, executor or guardian, may pay money into court 426 costs of payment out 426 failing to pay, court may order payment 426 costs of application 426 to he notified of declaration or appointment, or appointment of trustee or revocation of same 428 ( osts of payment out of money voluntarily paid into court by company 426 of application for order for payment over by company 426 ( 'reditors' rights 428 Declaration that insurance for benefit of wife or children creates a ti'ust. and insurance not part of hiisband's estate 423 valid, though policy ante-nuptial ... 423 apportionment may be v^aried by 424 (in absence of apportionment, and after death of benefi- ciaries) for benefit of future wife or children 42.i company to be notified of 428 Executors, failing appointment of tiai.stees, shares of infants may be paid to 42.5 investment by 42.5 I^Vps on appointment guardian or gi-ant of j)robat(-' when insurance money does not exceed .$400 . ... 426 Guardian, failing appointment of ti-ustee, share of infant may be paid to 425 investment by ... . .... 425 to give sec-m'ity 426 fees on appointment when insurance money does not exceed $400 ■ 426 9S8 1898 INDEX 37 The figures refer to the foot paging. Insupance fop the Benefit of Wife and Childrea— Continued. Infants, See Trustee and Guardian Insurance for benefit of wife and children, or wife, children or child, apportionment 423 may be in name of insured, wife or trustee 423 pledge of policy prior to declaration 423 declared for benefit of wife or children, a trust and not part of husband's estate 423 declaration valid, though policy ante-nuptial . . 423 apportioned, share of beneficiary dying before person insured in default of other disposition to form part of estate of insured 424 svxrrender or assignment of policy 424, 428 persons entitled in succession 428 money to be paid free from claims of creditors of insured . . . 425 for benefit of children as a class, proof of number, names and ages to be adduced 425 surrender of policy for paid up policy 427 actions for insurance money to be consolidated ; parties 427 other modes of, Ordinance not to restrict 428 Interpretation 423 Investment by trustee, executor or guardian , 425 "M aturity of the contract," interpretation 423 " Maturity of the policy," interpretation 423 Ordinance not to restrict other modes of insurance or assignment 428 Parties in actions for insurance money 427 Payment of insurance money free from claims of creditors of insured . 425 to trvistees discharges company 425 into court by company admitting claim 426 by company admitting claim, — under judge's order 426 out of court of money voluntarily paid in by company, costs of 426 Pledge of policy prior to declaration 423 Policy. See Insurance Profits subject to direction of insured 427 Surrender or assignment of policy 424, 428 persons entitled in succession 428 of policy for paid up policy 427 Trustee, appointment of and investment by 425 payment to, discharges company 425 failing appointment of, shares of infants may be paid to execu- tor or guardian 425 failing appointment of trustee, executor or guardian, company admitting claim may pay money into court 426 company to be notified of appointment or revocation of ap- pointment of 428 Intepest, Dlstpess fop Limitation of rights of, and sale 362 Intepppetatlon and fopm of Ordinances. "Affirmation " included in " oath " in certain cases 5 Amendment, in same session . . : 2 not to involve declaration as to previous law 7 Application of Ordinance 2 where inconsistent with other Ordinances 2 Appointment, power of, includes power to remove 6 Arbor dav ■^ U89 38 INDEX C. 0. The figures refer to the foot paging. Intepppetatlon and fopm of Ordinances— Conh'nuf(2. Assent of Lieutenant Governor, indorsation 2 reservation of 2 Authentication of Ordinances 10 Bodies corporate, general powers and obligations ' H Bylaws, rules, etc., power to uialLe includes power to revoke 6 Certified copies of Ordinances 10 fee on 10 Certificate if Ordinance disallowed 10 Citation of Ordinances 1 ( jlerk of Assembly to have custody of Ordinances 9 authentication by of duplicates 10 Commencement of Ordinances 2 Consolidated Ordinances, citation 1 Construction, so as to effectuate true intent 9 reserving power to repeal etc 6 to be deemed remedial 9 of this Ordinance 10 Corporations, general powers and obligations 6 ' ' Crown, The " meaning 3 " Declaration," included in oath in certain cases 5 Disallowed Ordinances, certificate on copies issued by clerk Legislative Assembly , 10 Duties, penalties, etc., belong to Crown 8 Enacting words 2 Enactment, form of 2 Enforcement of Ordinances, proceedings for S Evidence of Ordinances 8 " Felony " 4 Forfeitures, recovery where no other mode provided s belong to Crown unless other provision a Form of enacting 2 Ordinances 2 Forms, slight deviations from H " Gazette " 4 Gender and number 4 " Government," " Government of the Territories " 3 " Herein " 3 '• Her Majesty " : 3 "Holiday" .... 4 time expiring on 4 Imprisonment, place of, under Ordinances 5 Intent, true, to be effectuated 9 "Justice" 5 jurisdiction local 5 Law always speaking 3 " Lieutenant Governor " ... 3 " Lieutenant Governor in Council " 3 "Magistrate" ,5 jurisdiction local ;^ Majority may do act for several 6 ' ' May " permissive 3 Minister of the Crown, directions and powers to include substitute, successors and deputies . . " Misdemeanour " 4 "Month" 4 990 '"'' ^^98 INDEX 39 The figures refer to the foot paging. ■i 2 Intepppetatlon and fopm of Opdinanees -Continued. Mountain Standard time Name commonly applied to place, official, etc I "Next" '.",'..",.'.'.. 4 " North- West Government " .... o "Now" 4 Number and gender , "Oath," what included in [ g Oaths, persons authorised to administer and certify ,j Officers, See PublicOffloers..; " Official Gazette " ^ Ordinances, authentication of copies ly certified copies jq certificate if disallowed 10 citation j custody of g deemed public y remedial g form of not in force at once, proceedings under 9 record of g Penalties or forfeitures, procedure for recovery 8 where no other mode provided g belong to Crown unless other provision ... 8 " Person " ^ Power to act includes necessary incidental powers .i Preamble, effect of g Private Ordinances, effect of limited g Proceedings under Ordinances before coming into force 9 "Proclamation" 3 to be by order in council 3 Public Ordinances, all Ordinances deemed to be 8 Public moneys, mode of expenditure if not otherwise provided 5 Public officers or functionaries directions or powers to, include successors and deputies . 6 hold office during pleasiire f, local jurisdiction of g power to appoint includes power to remove 6 Punishment of offences, procedure 8 "Queen, The" 3 References to sections, inclusive of both 9 mean printed Ordinances 9 Repeal in same session 2 of repealing Ordinance 7 not to involve declaration as to previous law 7 other provisions substituted, officers and proceedings continued 7 bylaws, etc., continued 7 references extend to substituted provisions .... 7 vested rights or pending actions not affected 7 offences committed or forfeitures incurred prior to 7 Rules and orders, power to make includes power to revoke 6 " Security " 5 " Shall," imperative 3 Short title 1 " Standard time " 4 " Summary conviction, on " 8 CO I •iO INDEX C. 0. The figures refer to the foot paging. Intepppetation and fopm of Opdinanees— Continued. Sunday, time limited expiring on ' ...'■'" 4 " Sureties " : .■ ■ o " Sworn " includes "affirmed" or "declared" 5 ■ ' Territories " 3 Time expiring on Siinday or holiday 4 of commencement of Ordinances 2 standard . ,• -. . . . 4 " United Kingdom " .. 3 " United States " : . : 3 " Writing " " Written " ■.....' i "Year" 4 818 807 Intoxicating' Llquops. See Lilquop License. Investigation of accidents by flpe, iScr Accidents by fire, Investigation of Ipplgation Distpicts. Area of district, alteration 678 Assessment to be made 665 proceedings regarding 665-667 Authorisation under Irng-ation Act, application for 664 Borrowing money till collection of taxes 678 Board of Trvistees, See Trustees Bylaw to I'aise necessary funds by debentui'p 667 submission to vote, etc 668 Erection of district, ordei' for ''..'..' ''. . . . 662 Estimate of cost of works to be made 665 annual of necessary rate 675 Executions against districts, procedxire on 678 Existing districts continued '. 658 Interpretation ' 658 Notice of proposed establishment of district 659 Officers, failure to appoint 678 Petition for erection of district 659 verification of 669 notice of publication 659 Regulations and bylaws may be passed regarding works and supply of water 677 Secretary -treasurer 663 security by 664 Short title 658 Taxes, levy and collection of 675 enforcement of payment of 676 Trustees, election of, proceedings 660 declaration of offlce 662 term of office 662 body coi'porate 663 chairman and secretary-treasxirer 663 meetings of 663 vacancy in boaixl 678 Vote on question of erection, pi'oceedings on 659-660 Joint Stocli Companies. 487 See Companies, Joint Stock. 992 1898 l>^i,EX - 41 Till' figures vvUr to the foot paging, Joint Stock Companies— Co»^i»»«?. Foreign ,512 ,,, . See Companies, Popelgn. Mmmg 515 ,^, See Companies, Mining'. (/liangmg names of 511 , ,. Sec Companies, Changing Names of Judieatupe. Abatement. See Change of parties certificate to be given by advocate 211 none «'liere cause of action contimie.i 210 by expiry of writ or proces.s 293 Accountants, judge may obtain assistance of 285 Accounts, actions for 239 reference compulsorily 239 affidavit to verify 239 alterations, in verified 239 books of, wiien prima facie evidence 239 delay in talcing, proceedings on 240 directions to take 239 numbering 239 special 239 disputed items only to be brought liefore judge 239 exhibit to affidavit, to be made 239 just allowances, in taking 240 mode of taking, special directions as to 239 numbered consecutively, items in, must be 239 originating sunnnons foi' 283 receivers,' See R.eceiver -27(1 surcharge, notice of intention to 239 taking, mode of 239 undue delay in taking . , , 240 verification of 239 vouching, mode of 239 Action against public officers, limitation 292 notice of 292 commencement of 195 entry of, in what district 188 meaning of term 187 trial of, in what district 188 Address for service defendants, on appearance 212 omission of 212 illiLSOry or fictitious, service in case of 212 plaintiff's, to appear on writ 197 omission of 197 Address of defendant to accompany appearance 212 plaintiff and advocate to be indoi'sed on writ 197 Administration accounts of administrators to be filed 30(J application to pass 283, 30(i originating summons for 2.S-J administrator, by 20(5 actions for, conduct of 200 default of apijearance in 215 (originating summons, by 283 parties to 2115, 200 service out of jurisdiction in 'iOu 63 993 42 • ^ INDEX CO. The figures refer to the foot paging. Judicatupe— Continued. Adniinistration, advertisement for claims 285, 305 ancillary grant of 304 application to pass accounts 283, 306 attendance of administrators on claim against estate in administration, proceedings in 207 citations, smnmonses and notices 304, 305 claims, notices to send in 305 verification of 305 securities to he valued 305 costs 289,307 creditors' claims in, who to appear on 207 and others, order to send in claims 305 heirs, etc., unascertained or absent 205 judicial district in which to be granted 303 jadginent for at instance of executor, adnunistrator or trustee 206 legatee or person interested in land 205 residuary devisee or heir. . . 205 residuary legatee or next of kin 205 notice of, form 206 service of 207 effect of 206 memo, of 206 legal personal representatives, oidy, to appear on claims against estate in 207 originating summons for 283 determination of matters relat- ing to 283 parties in, representation of 207 parties to actions for 205 personal representative, appointment of other person instead of 303 probate. See Probate 303 public administrator, administration granted to, re- voking 193 administrator ad litem 304 appointment of 193 duty as to taking possession of estates 193 application for administration, costs in such case 194 executor or next of kin may sup- ersede 193 guardian, ad litem 307 infant, actions against, service on 307 originating summons, by, as cre- ditor 307 qualifications of 193 remuneration of 307 security by 194 in special cases 194 yearly statement of emoluments 194 i-epresentation of parties in 007 90+ 1898 INDEX 48 The flgurea i-elV'i' to tlie foot paging. Judiositvire— Continued. Administration, representation of estate pending grant . . • 304 security by administrators 303 proceeding on 304 waste, proceeding to restiuin, pending gTant 304 Administrators. See Administration action by or against on behalf of estate 203 administration at suit of _. 206 attendance of on claim against estate in administration 20" costs of and compensation to 289, 307 opinion, advice or direction of judge, application for , 285 originating summons b>- 288 Admissions, amendment of 238 case of other partj-, of, notice of 237 rt)sts of proving what ought to be admitted 238 occasioned by refu.sal to admit documents 237 denial not specific, where 218 ■documents, of 237 party may be rec^iiired to make 237 notice for 237 costs of unnecessary 237 verification oi signatui'e of 238 effect of limited to immediate purpose 238 evidence of . ... 238 facts, of, notice to make 237 time for 237 notice of 237 party may call on other part>' to make 237 pleadings, on the 237 refusal of 237 etf ect of on costs 237 verification of signature to ,. 238 judgment on 238 application for 238 notice in writing of 237 payment into court, by 220 pleading, by 237 insufficient denial in 218 persons under disability, exception 218 signature to, affidavit of 238 service of, by advocates 201 subsequent proceedings, effect of , on 238 time for 237-238 withdrawal of 238 Advertisement, citations, summons, and notices, of 305 ci-editors and claimants, for 285 for, to send in claims 305 excluded from benefit of judgment on failure to prove after 285 originating summons, notice of, by 284 signature of 285 substituted service by 199 Advocate abatement of action, to gi\'e notice of 21 ] acceptance and admissions of service by, evidence of 201 address to be furnished on issue of writ by 195 (J3.^ 995 + 4 INDEX C. 0. The figures refor to the foot paging. Judicature— Cowfimtted. Advocate, address to be indorsed on writ 197 for si>rvice when reqvured 197 omitted, service in case . . ' 197 eiiange of, liow effected 197 disclosure as to whetlier writ issued with his authority 197 employment of, after party acting in person 198 Alius writs, issue of 293 Appeal, court en banc. to. See Court en banc 286 taxation of costs, from 291 sheriff's costs, from 263 Affidavits accounts, \-erifyiug -. . 239, 2.51 address of deponent in 250 affirmation included in term . . 188 altei'ations in 250 answer, in 251 application tor summary judgment on 216 attachment of debts, for 264 goods, for 271 belief, when it may be stated in 249 ■ lilind persons, liy 250 chambers, in ... 248 previously used 251 commencement of 249 contents of .... 249 copies, certified, may be used 250 i-osts of improper matter in 249 informal 249 ci'oss examination on 247, 248 defective, judge may I'eceive 250 deponents by two or more 2.50 description and address of 250 to be stated in 250 signed by, to be 250 documents of. See Discovery 231 erasures in 250, 251 evidence may be given by, when 248 by order . . . . ; 244 under agreement 244 exhibits to 251 certificate upon . . . . 251 facts to be deposed to by 249 filed before issue joined not to be used at trial without notice. 247 filing of 250, 251 time for 251 after 251 form of 249 illiterate laersons, by 250 information and belief on 249 interlineations in 250 interlocutory motions on ^ 248 249 '^75 interpleader . jurat to, form, in c;ise of blind or illiterate person o,^o knowledge, not belief, to be sworn to except on interlocutory motions ' .i^o ofifi * t898 INDEX 45 The flgiu'es refer tii the foot paging. JuAlenture— Continued . Affidavits, motion, evidence on, by .... 248 paragraphs in, to he nunihered 24'.( particular fact at trial ordered til be proved b>- 244 leply, in 25 1 scandal in, striking out 250 C(.)Kts of ap])Ucati(ui for ., 250 served, to be, when 216, 279 service, of, contents of 25) to be filed, when 214 writ and claim to be marked exhibit.s 199 service out of jurisdiction, on application for leave for 200 swearing of, hefoi'e whom 249 abroad, before whom 249 before whom not to be taken 251 time and place to l)e expressed 249 title of 249 Amendment appeal, on 287 of notice of 287 application for leave for 230 (derical mistakes 231 costs of, generally 23 1 counterclaim, of 23(i disallowance of imprtiper .... 230 failure to make after ordei- .... 230 general powei' ti i amend ... 231 .judgments, of . 231 leave, by 229 without 229-230 notice of appeal, of 287 order giving leave for 230 not til be draM-n up 28) orders, of ... . . . ... .... 23) parties, as to 202 pleadings of appeal on , . ... 287 counterclaim, without leaw. . . 23(1 costs of 231 dates of order and of 230-231 defendant, by ... 230 delivery, on 23) disallowance of 230 leave, by, at an>' stage, on terms . . . 229 plaintiff may make once without leave , ... 229 pleading after 23o statement of claim without leave . . ... 229 •striking out .... 230 time for 230 powers of ... 229-231 proceedings, defect in ... 231 terms, on 231 third part>-. procedure in . . , 209 Appearance action for recovery of land, in. as landlord 213 person in possession 212 997 46 IKDEX C. 0. The figures refer to the font paging. J\xdica,tuPB— Continued. Appeai-aiice, addresses to lie L;iveu witli 212 default nf. See Default of appearance 213-216 defendant, entry by 212-213 time for 1 9.t several, some appearing, others not 214 several, some served, others not 215 landlord not named in writ, by 213 partners, by. See Partners 204 person, not a party by 212-213 served with notice of judgment !>>• 206 protest, under 205 recovery of lands, in actions for 212 by person not party 212 limiting defence, notice of . 213 service, setting aside, before 213 several defendants, some appeariii}"', others nol . , . 214 served others not 215 ■striking out. See Sunnnary judgment ... ■ 216 third party, by. See Third party 208 time for, to ^vl■it of suminons 195 may be shortened 196 foi' sei-vice out of jurisdiction 201 writ, sf'tting aside, before 213 Assignment. See Change of parties 210 estate, pendente lite, of 210 carrying on proceedings aftnr 21(i .-Vttachmeiit of debts 264-267 affida\-it foi' 264 application to set aside 265 costs, liability of garnishee 267 defendant 267 of garnishee. pa>Tnent of 265 delay ))y plaintiff 266 execution against garuisliee 266 stayed till debt due by gai-nishee 267 exemptions from 267 garnislipe summons, when issuable 264 affidavit for ... 264 default by , , 266 dispute by 266 issue as to indebtedness of 266 discharge In- payment or levy 267 judgment against garnishee 266 N. AV. Governnrent, garnishment against 265 service on 265 payment out of moneys paid in by garnishee 265 service of sunnnons, effect of 265 manner of 265 on defendant setting aside f( )i- non prosecution 266 suggestio]! of claim Iiy third party .j^li third ])arty, claim liy -2(35 procedure on 266 998 265 265 ' 89S INDEX 47 The flgnrps refer to the foot paging. JutHcaXupe— Continual Attachment of goods affidavits for wiit 271 cases where issuable 271 delay by plaintiff 272 exemptions where no family remaining 271 perishable goods, disposal of 272 plaintiff to give security in certain cases 272 return of goods on security furnished 271 service of writ 271 .seciirity to be given by plaintiff', wlien 272 release of goods when given by defendant .... 271 setting aside 272 sheriff', return and inventoiy of 27 ) " duty of 272 subsequent proceedings 272 Attorney General questions as to validity of Ordinances, pleadings, etc.. to be served on 207 entitled to be heard on argument 207 Audita querela, abolished 2o.S Award .... motions to enforce or remit, requirements. 27(1 Bailiff teim included in ' ' sheriff' "... 1 8H Bills of exchange joinder of parties to as defendants 2(12 loss of, defence of not permitted when indenmity offered 220 Cash under rontrol of coiu't. See Funds in co\irt Cause conduct of, judge ma;\' give, when 2U(i meaning of term ] 87 ( 'aiise of action joinder of 212 Cestuis que trusts claims by, against trustee, Jiot 1)ai'i-pd by statute of limitations 191 execution of trust, anyone may have judgment for ... 20.i Chambers, proceedings in 282 adjournment of smumons, fiu'ther summons unnecessary. , 282 clerk to attend sittings in 193 costs thrown away by non-attendance 281 default in attendance, proceeding ejr^n/-/(? 281 ex parte proceedings where party fails to attend 282 reconsideration of 282 terms 282 judge may require notice to be given . 293 judge in, may declare himself in court 189 motions. See Motions and applications 279 orders, date of 280 need not be drawn up, when 281 varying 286 originating summons, by. See Originating sunnnons 281 proceeding failing by non-attendance of party, costs 282 summons in, time for service 282 Change of advocate 197 999 48 . INDEX C. 0. The figiu'es i-cfpi- to the f(in( pjigiufj. J udlcature— Continued. Change of parties advocate (in- plaintiff to certify 211 assignment, creation or devohitioii of estate pcnc/ente /iff . . . . 21(1 capacity of party, change of 210 cause of action, snrviving or continuing. ... 210 death of parties 210,211 failure to proceed on 211 marriage of pai'ty 210 order to carry on proceedings 210 application for ex parte 21 1 service of 21 1 appearance by person served 211 effect of 211 discharging or varying 211 when pei'son not imdei' dis- ability 211 when person under disabil)t> 211 default of application for 211 persons interested coming into existeTice after action. . 210 successor made jwrty on . .... 210 ( '// use in action .... interpleader regarding 191 vesting, order foi' ... .189 Class representation of. in suit . . -203 respresentation of unascei-tained 20.i ( 'lear days, how reckoned . , , . 294 Clerk of court 192, 322 See Clerks and Deputy Clepks. absence of, provision for. . . . .193 accounts to be kept by 193 books to be kept by . . 103 open to public 193 duties of. . . 192 office hours ... 192 vacancy in office, disposition of books, etc .. . . ,. 193 who included in term . . 188 ( 'onnnon law, equity to prevail where \'arianc<' 192 Concurrent WTit. See Writ of sunuuons 19fi Conduct of proceedings, judge may give to party, vvheTi 206 Confession of defence 224 Consignee, term included in fleceiver 187 Constitutional questions, notice to V)e given attorney geneivil where Ordinances questioned 2(i7 attorney general entitled to I ii^ Ijeai-cl on . 207 ( 'ont-ract. alternati\e. pleading 219 construction of . . 19] part performance when satisfaction 191 stipulations in. coustrviction lO] lint nl>ntion or indenniity ... -207 defend;inl clMiniing against third party 2(l.s defendant . . 209 Cor- tariff to be posted 29] lunacy matters, in 298 ccnirt <«*«;)(-. fees to registrar and ci)>nisel , 292 discovery, of examination for 237 discretion of conrt as to . 289 event, follow, where trial by jui'V 290 executors, trustees, guardians, etc., cojnpensation to 289 fees payalile in advance in certain cases 292 guardian ad litem, advocate of 290 interpreters 292,317,321 issui-s. of 290 judges to fix clerks' and sheriffs' fees 29) advocates' 292 jury 228,292,317 registrar of court, fees of 292 security for bond l)y. to whom given 290 cases in which ordered ■ 290 manner and time of giving ... 290 sei'vice of writ, of 198 sheriff's fees 291 coi)y tai'iff to be posted ... 291 small debt tariffs 320,321 taxation of, notice of . 291 review of 29) evidence on , . 291 tarilfs in certain cases 317.32) third ]iart>- procedure, in .... 209 witnesses 292,317,321 Counterclaim. See Pleading amendment of, without leave 230 cross action, same effect as ... 217 defence of mattei' arising pending the action . 224 defendant may set up , . . 217 discontinuance, effect on 218 of 229 dismi.ssal of action, effect on 218 exclusion of ... . ... ... 217 judgment on ... ... .... 2)7 default of appearance )i>- plaintiff at trial 243 mattei's arising pending the action 224 misjoinder of plaintiffs, effect on ,,. 202 payment into court on . . .. 222 plaintiff improperly joined, agamsl 202 pleading ■■- ■ 21 7. 21 S reply to . . . 218 how pleaded 2 IS. 219 mutter arisen ])eiiding action 224 sta> of ac-tion, effect of , 218 striking out . . . 229 1001 50 INDEX C. 0. Thp figui'es Tpfer to the foot paging'. Ju consent judgments not appealable except by leave 286 costs of appeals, powers of court 288 judgments a.s to, not appealable except by leave 286 security for, when required 287 default in entry of appeals, etc 289 entry of appeals, etc., to be made promptly 289 evidence, further, on appeal . . , , : 287 when question of fact involved 288 interlocutory ordei's not to prejudice appeal 289 judge, to whom application should be made, becoming unable to act, procedure 289 judgment of, delivei'A' by one judge 289 jvirisdiction in appeal 286 new trial, may be asked alternatively 287 in case of substantial miscariiage 288 on any one question 288 notice of appeal, amendment of 287 contents . .. 287 time for service 287 service on whom 287 secui'ity for costs, when ordered 287 for judgment pending appeal 288, 289 stay of proceedings pending appeal 288 notice of appeal not a stay 289 Creditors administration action by 283 advertisements for ... 2S.i claims in chambers by 285 fmiission to file claim in time, exclusion 2S.'i ( 'voss examination. See Affidavit, Trial Damages, ascertainment of, default of appearance in 214 assessment of, continuing cause of action 240 default of appearance in action for 214 defence to action for ojg injunction, in lieu of 192 inquiry as to 240 pleading as to 219 reference to officer of court to ascertain 240 specific performance, in lieu of 1 92 Death of ]5a]-ties. See Change of parties 210 action not to abate on 210 after verdict, entry of judgment 210 Default of appearance affidavit of service to be filed before proceeding on 214 defendants, several, some served others not , . , . 215 1002 1898 TNUEX 51 The figures refer to the foot paging. Judicature— CoH^jiufrf. Default of appearance, defendants, several, some appearing others not 214 hearing, at ■242-24.3 infant or person of un.sound mind. b>- 213 judgment upon, administration or pai'tition action in 21 ."i damages, in case of claim for 214 and liquidated de- mand 2).i mode of ascertain- ing 240 defendants not served, where some 21a detention of goods, claim for 214-21.') land, recoveiy of, in action for 21, "i and dam- ages .... 2 1 .'i and mesne profits. . 21.1 liquidated demand, in case of claim for 214 several defen- dants default by some 214 mortgage, lien or charge, in actions respecting 21.t setting aside or varying. . , 215 third party against 208 motions, notice of, in case of 280 pleadings, delivery of, by filing in 212 proceeding-son, in actions not specially provided for 21.i service, indorsement of, on writ not necessary. 199 of motions, in case of . . . 280 substitutional, proof of claim, in case of 201 thii'd party, by 20f< trial at 242-24;! writ of summons to be filed on 214 order dispensing with filing . 214 Default of pleading, close of pleadings on 22.i defendant, by, where action for debt or liquidated demand 225 several defendants 22fi detention of goods and damages 226 several defendants 226 recovery of land 22(i with claim for mesne pi'ofits, ett- , . . 22ii where defence to part only of claim 227 other cases 227 entjy of judgment, in , 22.5-227 issue, by parties to 227 judgment on, setting aside 215 1003 52 INDEX C. 0. The figures refer to the fool paging. Judicature -Co(i<(« net/. Default of pleading, reply, by non-delivery of 225 third party, by 227 Defendant. See Pai'ties adding 203 added, service on 203 address of 195, 212 appearance by 212 claiming contribution or indenmity against other defendant 209 third party. See Third party 208 co-defendants, questions between, not to delay plaintiff . 210 costs of where plaintiff improperly joined 202 counterclaim by 217 death of. See Change of parties 210 default of appearance by. See Default of appearance ... 213-216 discontinuance by . . 229 equitable claims by . . . 190 counterclaim Ijy 190 Krm, carrying on business as, service on 199 jurisdiction, out of, issue of writ against . . 200 marriage of. See Change of parties ... 210 meaning of 1 88 ' not interested in all relief claimed ... 202 payment into court b>- ... 22(i representative capacity of to be shown m ^\iit 203 I'esidence of to be given in praecipe for writ . .... 195 service of writ on 198 substitutional 199 third party added by 208 who may be joined as 202 Deputy clerk included in term '• clerk " 188 ordinance respecting 322 See Clepks and Deputy Clepks. Deputy Sheriff. , ... included in term ■' sheriff" .. 188 ordinance respecting . . 329 See Sheriffs. Defence. See Pleading ' . . amendment 229-231 confession of . . 224 judgment for costs on 224 contents of ... 217 counterclaim by way of ... 217 See Counterclaim, equitable . , 190 damages, pleading to claim foi' . . 219 delivery of 212 default in . 22.'). 220, 227 time foi- 212 Hling, time for 212 furthei' and better . . 21S leave to put in under order X . 217 limiting in action for recovery of land 213 matter arising pending the action 224 part of claim only, tn .22- 1004 1898 INDEX 53 The figures vefei' to the foot paging. Judicature— ConKTiMed. Defence, particulars of 218 payment into court before and with 220, 221 pleading, rules of 217, 218, 219 service of 212 statement of, contents 217 striking out 220, 225 for non-conipliance with order for discovery, etc. . . 233 tender before action, of 220 time for delivery of 212 enlargement of 212, 294 withdrawal of 229 Discontinuance costs of action on 229 counterclaim may be proceeded with after 218 defence, before 228 defendant by, by leave 229 entry for trial, after 229 judgment for costs on 229 leave of court for 229 notice of 229 order of judge, by 229 plaintiff by 229 stay of new action brought before payment of costs of discontinued action 229 subsequent action, when no defence to 229 taxation of costs on 229 terms for withdrawal of defence 229 withdrawal by consent 229 of defence 229 Discovery, examinations for appeal from order of examiner 235 appointment for, issue of 234 non-attendance on 235 service of 234 bodies corporate, officers of 233 certified copies of depositions 234 compelling attendance for 233 conduct money to be paid 234 of examination mode of 233-2,35 copies of documents to be taken, when ' 234 corporations, officers of 233 costs of, inquiry as to 237 objections by witness 235 cross examination and re-examination 235 depositions, certified copy, effect of 236 filing of 236 form of 235 taken in shorthand, when 236 form and completion 236 to be read over and signed 235 witness refusing to sign 236 documents, inspection of by examiner 235 production of, on, witness refiising to part with, copies to be taken 234 evidence, use of examination in . 237 1005 o4 INDEX * C. 0. The figui-es i-eler to the foot paging. Judicature— Cojifinited. Discovery, examination, befoie whom tcj take place 234 costs of, inquiry as to 237 explanatory 234 further on party's own hehalf 234 party united in interest, of 234 rules of 233 where to take place 234 examiner, who to be 234 appeal from oider of 23.j may make special report 237 explanatory examination 234 officer of body corporate 235 jurisdiction, out of 234 notice to prodvice documents on 234 objections by witness, costs of 235 decision of 235 to qxiestions 236 to be recorded 236 officer before whom to be held 234 officers of bodies corporate, of 233 order of examiner, appeal from 235 order special, not necessaiy for 233 out of jurisdiction 234 parties liable to examination 234 jiarty \mited in interest with person examined 234 penalty for non-attendance on 235 place of examination 234 production of documents on 234, 235 re-examination and cross-examination 235 refusal to attend for examination 235 return of depositions t(j clerk 236 rules for examination 233 .shorthand, use of, on -''iv, special order for, not necessary . -233 .subpoena for, issue of 234 disobedience to 235 time examination may take place 233 ti-ial, use of depositions in evidence at 237 witness, condxict of, report of examiner on 237 • punishment of 237 fees 234 non-attendance, penalty 235 objections by . 235 Discovery (and inspection) of documents advocate not notifying client of order 233 affidavit of 231 application for, ex parie 231 attachment for failure to comply with order for 23:i by and from whom obtainable 231 decision of question prior to 232 default in making 233 defendant, when required from 231 documents of 231 affidavit of 231 default in filing 233 lOOG 1898 INDEX 55 The figures refer to the foot paging. Judicature - Continued. Discovery, documents of, affidavit of, objection to produce to be taken in 229 application for 229 order for 229 inspection. See Documents 232 non-compliance with order for 233 order for, service on advocate 233 parties from whom required 231 plaintiff, wlien required, from 231 production 232 reserving, pending decision of question 232 service of order on advocate 233 time for, by defendant 231 by plaintiff 231 Discovery in aid of execution 263, 264 books and documents, production of 264 conduct money of person examined 264 corporation, officer of, examination 263 costs of examination 264 difficulty in enforcing judgment other than for money 264 disobedience to order 264 examination of judgment debtor 263 officer of corporation 263 clerk or former employee 263 transferee of debtor's property 263 rules of 264 nature of examination 263 use of examination 263 Docvunents, production of. See Discovery. admissions of 237 affidavit of. See Discovery 231 cost of proving after refusal to admit 237 discovery of 231 examination for discovery, production on 234-235 inspection of, application for 232 bank and trade books 232 default in giving notice of time for 232 notice for, fixing time for 232 order for 232 persons to whom allowed 232 time for 232 notice to admit 237 effect of on costs 237 inspect, time for 232 produce on examination for discovery 234 pleaded, how 219 inspection of 232 production of 232 bankers' books, etc 232 default in, after notice 232 examination for discovery, on 234-235 noncompliance with order for 233 notice for 232 order for 232, 245 service of 233 penaltv on non, after order 233, 245 'l007 56 INDEX C. 0. The figures ri'fcr to th(> foot paging'. Judicature— Continued. Documents, production of, place of 232 possession or power of party, in 231 referred to in affidavits or pleadings 232 Engineers, judge may obtain assistance of 28.5 England, laws of evidence applicable 192 forms used in 292 practice in, when applicable .... 194 Equity, rules to prevail 192 Equitable claims defendant, by, court to entertain 190 counterclaiming 190 against third parties , 190 plaintiff, by 189 equities appearing incidentally 190 Equitable defences 190 waste 191 Estate for life, without impeachment of waste . 191 Evidence admissions of service by advocates 201 affidavit, by. of particular fact 244 except where cross examination bona fide re- quired 244 cross examination on 247 <-upies of records, etc., certified Viy clerk 244 documents, impounded, removing 244 examiner, may be taken by 244 to be s«'orn 244 examination of witne;sse,s. order for 24.5 viva voce or by interrogatories 24.5 giving in evidence 245 witness entitled to conduct money 24.5 disobedience to order 24.5 ropy proceedings for examiner 24.5 conduct of 245 mode of taking deposition.s 245 disobedience of witness .245-240 objections by witness 240 return of depositions 240 special report by examinei' 247 use of depositions in evidence 247 I examiner may administer oaths 247 for use in proceedings in cause 247 cross examination on affidavit 247 notice of intention to use at trial depositions taken before issue joined 247 impounded documents, removal of 244 interrogatories, examination by 244-245 judgment on, taken by examinei' 244 certified copy of . . . 252 laws (if England, as to, adopted 192 perpetuating testimony, action for , . . •24s production of documents, order for 245 renewal of writ of summons, of 197 taken in other causes, may be read 244 other than at trial, mode of taking. . 247 IOCS 1-89^ I^fDEX 57 The figure.s rt'tVv (ci fin- fool pagiiijj-. Judieatupe— Con, claims in inspect of «'hich application may be made 27."i to be in writing 27.i notice of, to execution creditor 27;") not admitted, pi'ocediu'e 27.') admitted, procediu'e ... ... 27.'> costs in case of withdrawal 27.'> execution creditor, notice tf). . 27') )iy 27.1 sale of goods seized . . .... 277 seveiul writs against same pi'opei't>' .... 277 security by claimant, redelivery 277 special case, where question one of law 276 stay of action where defendant interpleads. .... 276 summons, nature of 276 1013 62 INDEX C. 0. The figiire.s refer to the loot paging. Judicatupe— Co;iii»i ued. Interpleader summons, order on 276 summary disposal 276 Interpretation of terms 187-188 Irregularity application to set aside proceedings for 293 costs of 293 time for 293 fresh step after, effect of taking 293 Jurat of affidavit, in 250 non-compliance with rules, by 293 service, setting aside for 213 waivei- of 293 writ, setting aside for 213 Issue of process personal application for 192 Issues 238 .See Inqiiiries, Accounts. costs of to follow the event . 290 directed before granting discovei-y 2.32 issuing execution 2.57 garnishee, to determine liability of 266 motion for judgment, on 252 partner, to determine liability of alleged 25fi fact, when directed 23S fraudulent transfers, concerning 241 interpleader . 276 See Interpleader. joinder of ■_'25 judge may direct ■. . , , 238 preparation of may be oi-dered 238 settling 238 trial of 23S .Joinder of causes of actidii exclusion, order for 212 generally. 212 inconvenient toi- trial togethei' 212 issue close of pleadings . 22.") default of pleading, by 225 reply, by ... 225 parties of .... 202 Sec Parties. .Judge in chambers ... ... acting as in court Isn Judgment amendment of clerical errors in 231 antedating of 254 application for summary , . 216 clerical mistakes in 231 clerk to enter and record ... 192,253 conditional, execution of 255 waiver of. 255 confession of defence, for costs on 224 consent by, defendant to be represented 2.54 proof of consent 254 101 4. ^898 INDEX 08 The ligui'cs I'efei' to the foot paging. JtxiUeatupe— Continued. Judgment, copies, certilied, effect 25:-) costs for, where money paid into court in satisfaction of claim 22-J counterclaim on 217 date of 253-254 death of parties after 257 declaratory, may be asked for ■2-23 decree included in 188 default, by, against infant or lunatic 213 of appearance 213-216 See Default of appearance. of pleading 225-227 See Default of pleading. setting aside or varying 215 substitutional service, where 201 delivery of land, for enforcing 255 demand, when not required after .... 25.5 directions in for accounts, etc 23!) discontinuance, on 228-22ii dismissal, of, on plaintiff not appearing 243 enforcing, against corporation 258 difficulty in 264 for payment of money 265 Sec Execution. for recovei'y of land 255 propei'ty 255 ordering doing or abstaining fr-om some act .... 255 entry of, affidavit, on production of 25-t certificate, on production of 254 date of 253-254 document, on production of 254 order on production of 254 production of docitments, on 254 recording at length 253 error in , 231 execution of 255 See Execution. firm, against, enforcement 25(i garnishee against 266 includes decree 188 indorsement on copy of, foi' sei'vice 254 interlocutoiy, in default of appearance 214-215 pleading 226-227 mandatory, cariied out at expense of disobedient party 258 mistakes in 231 motion for 251, 253 application may be tui'ned into 253 appearance, notice of before 253 admissions, on 238 finding of ,]'ui'y, setting aside 252 inferences of fact, court may di-aw on 252 judgment of court to be obtained by . . ... 251 wrong, where 252 notice of motion for, before appearance 253 setting down action on 252 1015 64 INDEX C. 0. Thp fif>;uvps rpfpr to the foot paging'. J aiiicsitupe— Continued. .hiclgnient, motion for, setting- dowij action on. I imp for 25-2 trial of issues, after '2-y2 ti'ial. after 252 standing over 253 turning application into 253 notice of 2(16-207 advertisement, by 285 appearance by person served with 20f) application by party served to discharge, vary or add to ." " 20K time for 206 attendance of proceedings liy persons servpd Tvith 20fi sprvicp of, pffect of . 206 memoi'anduni of 20(i fin persons interested in estate under disubiHty 207 obedience to without demand. .. . 255 omission in, eori-pcting 231 orders enfni-ceable as 25S originating summons, on . , '-.11 partners against 25(i |>prs()iial estate, for aceovnit of 23!l post dating 254 I'ecording at length . 253 recovery of land, for ... - 255 satisfaction of 2.54 setting aside, dpfault, oi] . . .... 215 of appearance . 2)5 third party, by ... 209 trial at 243 where wrong, on finding of jvu'y. . ■2.52 slip in, correcting 231 special case on 242 stay of proceedings under, in i.ase of appeal ... JS,S-'iSM summary 216-217 Sep Summary .ittdgment. third party, against ... -.'oS-'iOli time foi' doing any act. niu.st be stated in '254 .Jurisdiction to be pxpi'cispd as in England if no other provision l.ss .fury, payment into cotirt not to bp communicated to ... -223 trial bv. in civil cases 22s .See Ti'ial. Sip Juries. Land action for recovery of. against overholding tenant . 2>leading in, judgment on 2L'ii ai]]iearan(e by landk)rd '213 mortgagor, by 191 person in possession, not defendant, appear- ing in -213 sprvice of writ where possession vacant . 199 out of jurisdiction , ... 20ii lOlG 1898 INDEX 65 The figures refer to the foiit pa-giHg. JucHcatupe—C'o?i() Huerf. Land, judgment for. rerc ivory of, enforc-mg '255 separate execution tor costs 261 originating smnnions against overholding tenants 281 suits for possession, by mortgagors 278 trespass or othei' wrong, liy mortgagor's 191 Landlord and tenant See Land. mortgagor entitled to possession may sue or distiain 191 originating smmiions against overholding tenant 281 Law and eciuity variance between, equity prevails 192 Legatee administi'ation at suit of any I'esiduaiy legatee of legacy charged on land 2u.i Lien action foi' sale or redemption, default of appearance in 21o Lifiuidators accounts of, passing 27ii Loss of negotiable instrument defence excluded when indemnity offered 220 Lost writ . . . coj>y may be sealed in lieu of 197 Lunatics admissions in pleadings, none by want of denial 218 guardianship and disposition of estates of 2!l(i-297-298 .iurisdiction of cDurt regarding. . 190 meaning of term 188 public administrator may be guardian 307 service of \^Tit of summons on 199, 213 -Mjinager .... included in term Receiver . . 1K7 Mandanms .... claim for .... 269 interlocutory application foi' 191-269 j udgment for 269 enforcement of 269 protection of person acting under 269 time for performance of duty conmianded 269 writ not to be issued ... 269 .Marriage action not to abate on . ... 210 Matter, meaning of tei'm . . 187 .Matters ar'ising pending the action 224 in controvei'sy. final determination 190 .Merchants, judge may obtain assistiince of , . 28t) .Merger, none in law where not in e{(uity. 1!M .Minor ... ■ • See Infants, may sue for wages '. 192 Moneys in com't Se<> Funds in c<3art .Moi-tgage .... action on, claiujing toreclosmt'. sale or redemption, default of appearance 21 .i originating sunmrons for sale, foreclosui'e, redemption cii' possession 27S 1017 66 nvDEX C. 0. The Hguics refei' to the foot paging. Judicature— CoftimuMi!. Mortgagor in possession, rights of 1 91 Motions and applications adjournment of hearing 280 where persons not served '280 affidavits, to be served, when ■. 279 before appearance 280 chamber motions to be by summons 270 court motions, etc., to be by notice v., .• 279 dismisisal where parties not served ■ . . .• 280 e.x parte, when authorised 279 orders may be made to avoid irreparable mischief. 279 setting aside or varying 279 grounds to be stated in certain cases 270 judgment for .... See Judgment. notice of 279-280 length of 280 service before appearance 280 on non-appearing defendant 280 orders cases in which need not be drawn up 281 notice of in such case 281 date of 280 preliminary questions may be decided 280 sheriff, notice to return writ, etc 280 effect of 280 Multiplicity of jsroceedings to be avoided 190 Negotiable instruments, loss of, defence excluded when indemnity given 220 Xext of kin administration action by . 2il.i, 2S3 advertisement for claims by 28.') originating summons by 283 representation of unascertained 205 Non-compliance, effect of 208 See Irregularity. Not guilty by statute, defence of 218 other defences excluded vmless leave granted 218 Notice of action against public officers 292 judgment, of, to be given, when 20fi pleaded, how to be 219 trial of ... 22S Oath includes affirmation isx Official guardian See Public Administrator. Order of Court . . , not invalid as against purchaser, etc 192 Orders amendment of errors in 231 clerk to enter and record 192, 253 consent, appeal from 286 date of 280 drawing \ip, n- 283 foreclosure for 278 form 281 hearing of may be advertised . . 284 issue of 281 judgment upon . . 281, 284 special directions regarding - . . 281. 284 landlord, proceedings by 281 meaaning of 187 mortgages respecting 278 possession, T'ecovei-y of. l)y landlord for 281 mortgagor or mortgagee foi-. . . . 278 proceedings which may be connnenced by 281 public administrator, by S()7 i-econveyance, for 278 redemption for 278 return of, time for 281 sale under mortgage, for 278 sealed, to be 281 .sei-vice of, manner 281 stay of proceedings, for 283 time for return of 281 trusts, in mattei's, affecting . , 28:1, 284 Particulai-s ordering ... 218 order not to operate as stay oi' extend time 218 Parties absent, representation of 2(i."i action not defeated for want of 203 adding 203 application f (ji' 203 by judge at any time 203 change of interest, on 210 defendant 203 1019 68 TNDEX C. 0. The fijJin'ps refer 1o tlip font paging. J udieatupe— Con* inuerf. Paities, adding, plaiutitf :3U3 service on 203 administration actions, to 205, 206 to, to be served \\ith notice of judgment 20H administrators may represent estate or beneficiaries 2().S amendment as to 203 appearance by persons not 213 bills of exchange, to actions on 202 cesluis que trust, one of, may have decree for execntion oi' ti-usts 205 lepi-esented by trvistees 203 capacity of, change of .... 21ii change of 210 See Change of parties. class represented by some menibers .... 203 trustees 203 costs, by I'eason of misjoined plaintiff 202 counterclaim not affefted by misjoinder of plaintiff 202 death of 210 deceased, repi'esentation of 2fiT defendant, adding 203 alternative claims against 202 claiming contribution against third party 208 jointly and severally liable 2(i2 need not be interested in all i-elief claimed . . 202 I'epresentativp capacity of, statement of claim to show 203 who may be joined as . . . 202 doul)t as to 203 executors and administrators representing estate or beneficiaries 203 heir at law not necessai^- pai-ty to action to execute trusts of will 20.5 infants . . Hen Infants. joinder of, as plaintiffs . . 2(12 sever-ally oi' jointly and severally liable on same- contract 202 t wn or more defendants when plaintiff in doid)t 203 joint claims by 212 legal personal representative, where no 20" legatees, to administration actions by . , . 2(i."i lunatics, as , . ... See Lunatics. marriage of 210 meaning of. IS.s nn.sjoinder . . . , .. 2n2, 2iio effect of, on counterclaim , .. 2ii2 motion to add, strike out or substitute 203 next of kin as, may have judgment for administration 2ii,"i nonjoinder, effect of 2ii3 numerous, having same iiitcrest , . 203 partners 2(13-20.5 See Pai'tnei-s. persons lial)le on tlic same contract . . . 2(12 not parties, how fai' bound 20(3 served with notice of judgment, to be . 206 ]020 1898 . iNpE_^ g9 The flgvires refer to the toot paging. Judicature— Confi'jiueti. Parties, plaintiff, adding and substitntiug 203 death, marriage or insolvency of 210 doubt of, as to parties 203 joint claims bj' several 202 mistake as to 202 who may be joined as 202 protection of property, actions for 205, 304 representation, numerous parties, in case of 203 representative, legal, where no 207 of heir, next of kin or class 205, 207 plaintiff in actions to prevent waste, etc 205 residuary legatee may have judgnient for administration 205 service on added 203 striking out and adding 202, 203 application for 202, 203 by court or judge 202, 203 substitvition of 203 suits by some on behalf of others 203 to prevent waste 205 third, rules as to 208 See Third party trustees as 203 trusts, to actions for execution of 205 unascertained, representation of 205 want of, cause not defeated for 203 waste, in action for 205 wrong plaintiff 202 Partition action for, default of appearance 215 proceedings "where ordered 278 Partners appearance by individually where sued as firm 204 person having control of business but not a . . . 205 disclosure of names of 204 application for 204 demand for 204 stay in default of 204 execution against 256 leave for when required 256 firm, person trading as 199-204 firm name, may sue or be sued in 203 judgment against fiAn, effect of 250 as against partner out of jurisdiction 256 names of, to be given, when 204 service of writ on 198, 204 mode of 198 notice of, in what capacity 204 where partnership dissolved 204 Part performance of obligations, M'hen satisfaction 191 Payment into court acceptance of sums paid in before defence 221 admissions by ■ ■ • • 220 amount in dispute, of 220 ••ippropriatiou. on 220, 222 1021 70 INDEX C. 0. The figures tef'ei' to llie foot paging. Judleatupe— Continued. Payment, consolidated actions, in 222 conversion of seciirities, notice of application for 22.3 costs after 222 counterclaim, in answer to 222 debt or damages, in actions for 22(J defence, to be signified in , 220 defendant may make, before defence . , . . : 220 notice of , 221 after defence .,,..,,. , ... .. — ....... 220 with defence 220 denial of liability with 220 deposit in bank 223 dispute, of amount in 220 infant, money awarded to 223 investment on 223 jiiry not to be informed of 22,'i libel action, none if liability denied 22u notice of 221 originating summons for 283 persons under disability, moneys recovered by 223 l)laintiff may make, as answer to counterclaim 222 not accepting .- 222 pleading 220 refusal of amount paid in 222 satisfaction of claim, in 220 counterclaim _ 222 acceptance of, in action 221 form of 221 slander, in actions for 220 tender, with defence of 220 time for 220 Payment out of court acceptance by plaintiff of sum paid in, on 221 cheques to be initialled by judge 223 defendant's liability not denied, where , 221 denial of liability, where 221 money recovered by infant 223 order for, when reqviired 223 pajrment into court before defence, of 220 plaintiff 's request in certain cases, on 221 tender set up, where 221 Performance of obligations, part, when salSsfaction 191 Perpetuating testimony 248 Person meaning of 188 of unsound mind See Lunatic. Petitioner, defined 188 Plaintiff See Parties. adding 223 address to be given on wi'it 197 death, marriage or insolvency ... 210 equitable claims by 189 iiiav not serve writ 1^8 1022 1898 INDEX 71 The figures refer to tlie foot paging. J vuHcatave-— Continued. Plaintiff, meaning of 187 not to be delayed by qiiestions between defendants 210 representative capacity of, statement of claim to sliow 203 striking out or substituting 203 who may he joined as 202 Pleading admission in 237-238 See Admissions, allegations of fact in, each party to deal specifically with .... 219 alternative contracts 219 amend, applications for leave to 230 amended, delivery of •. 231 amendment of 229 See Amendment. close of ■ 22.5 condition piecedent, performance of 218 constitutional questions, raising 207 contents of 217-218 contract, alternative 219 implied from letters 219 bare denial of, how construed 219 conversations 219 counterclaim 217 See Counterclaim. reply to 218 damages, allegation affecting 219 dates, etc., in 217 default of 225 See Default of pleading. delaying matter in 220 delivery of, amended 231 at address for service 197, 212 enlargement of time for 294 vacation in 294 where no address for service 197-212 denial of allegations of fact to be specific 219 contract, of 219 evasive, must not be 219 general, not sufficient 219 point of substance 219 departure 218 documents, effect only of, to be stated in 219 embarrassing matter in 220 See Striking out. enlargement of time for 294 evidence, not to be stated 217 facts relied on must be set out in 217 figures to be used in 217 filing, vacation excluded from time for 294 form, no technical objection for want of 220 fraudulent intention 219 grounds of defence or I'eph' to be in 218 implied conti'act or relation 219 improper, costs #)f may be disallowed 220 inconsi.stent, not to be 21S 1028 72 INDEX C. 0. The figures I'efei' to the fiiot paging. J Ufileatxipe— Continued. Pleading, knowledge , ^ 219 law, presiiniption of 22iJ raising points of 224 letters, contract or lelaticm implied from 21!l malice, fraud, knowledge, etc 219 material facts, to state 217 matters arising pending the action 224 meaning of term 188 mind, condition of 219 negative pregnant 219 new ground of claim , ... 21k matter arising after action brought 224 not guilty by .statute, plea, of ... ! 218 notice as a fact 2)9 numbers in 217 Ordinances, (iuestioning validity of. to be served on attorney general 207 paragraphs to be divided into 217 particulars may be ordered 218 payment into court with defence 220 point of law, raising 224 substance in 219 posting when no address for service 197, 212 prejudice, matters of, in. ... 220 presumptions of law 22i i printed or written, may be 220 raising points i if law 224 relation, implied 219 reply 22o See Reply, by leave, subsequent to ... . 22o to counterclaim, in 218-219 scandal in 22n See Striking out. set off 110 See Set off. specific denial in, when required 219 striking ovit -220 See Striking out. when no ground of action -225 subsequent to reply 22,") technical objection to 220 tender 22o time for, applications for 294 computation of 094 in vacation 294 subsequent to Tvply 22."i unnecessary matter in. . . , 22it costs of. 220 vacation, not iieces.sary in 29-1 written or printed, may be 22(i Miiries Wl'its 29."i Possession . ... mortgagor iiiny sue foi- in own nanje igj oi'iginating summons for, under mortgage . , 27s 10:^4 1898 INDEX 78 The figm-es refei' to the foot paging, Judicature— Coniiftitfd Practice and procedure of England when appHcable 194 rules of, judges may frame 194 Preservation of property, interim 267 Probate and administration See Administration accounts of administrators to be filed 300 ancillary, grant of 304 seciu'ity on application for 304 application to pass accounts 283, 306 citations, summons and notices 304-305 creditoi's and others, order to send in, claims 305 verification of claims 305 securities to be valued 305 negotiable instruments 306 omission to value 306 executors and administrators, remuneration of 289, 307 judicial district in which to be granted 303 personal representative, appointment of other person instead of 303 public administrator, appointment of in place of personal re- presentative ,303 See Public administrator. proceedings by 307 representation of estate pending grant 304 security by adininistrators 303 proceedings on 304 waste, proceedings to restrain pending grant 304 process issuer appointment of 324 when included in " clerk " 188 Production of documents See Documents, production of Promissory note joinder of parties to, as defendants -202 loss of, no defence where indemnity offered 220 Property, preservation, interim 267 protection of, representative action for 2()f] Public administrator and official giiardian administration, grant of to 193, 303 See Administration. revoking 193 may be reiiuired to apply for 194 costs in such case 194 admiiiisli-aLor. aiJ litem 304 appointment of 193 costs and compensation to 307 duties of 19.3-194 as to taking possession of estates . 193 applications for administration 194 guardian, ad IHeni . 307 infants, actions against, service on 307 originating summons by, as creditor 307 qualifications of 193 remuneration of 307 securitv bv . 194 tj.^ 1025 '4 INDEX C, 0. The figures refer to the font pagmg. J udleatupe— Continued . Pubhc, security by, in .special cases 194 yearly statement of emoluments 194 Public- officers actions against, limitation 292 notice of 292 Purchaser orders of court not invalid against for want of notice, etc ... 192 Receiver accounts of, book to be deposited 270 passing 270 allowance to 270 balances, payment of 270 ■ neglect of 270 default by, in accounting, etc 270 iiling and passing accounts 270 Interlocutory application for 191 meaning of 187 salary of 270 security by 270 Recovery of land '. See Land. Redemption action for, default of appearance in 21.o originating summons f oi' 278 Reference See Inquiries, Accounts. as to damages , 240 Renewal writ of execution, of 257 summons, of 196 Rent See Land. Replevin . affidavit for 273 bond to be taken 274 assignment of 274 form of .S16 defendant's rights, on 274 concealment of property 274 issue of writ, when authoi'ised 273 return of property, on security being furnished 273 assignment of security in such ease 273 by sheriff, to writ 274 service of writ 274 Reply . See Pleading. close of pleadings, on default in delivery of 225 counterclaim to 21s default of reply, effect , 225 denials in, must be specific 218 further, of matter arising pending action 224 joinder of issue, by 225 matter arising pending action, of 224 omi.ssion of, effect 225 pleading. r\iles of 217-219 . ir:^,"c;ii'^r.tl'.' to . . , , 09,^ 1898 INDEX I'l Thf figiuvs I'efei' to the foot paging. J uMca,tur6— Continued. Reply, pleading, time for 22') enlargement of 225, 294 Repi'eseHtati ve (•a])ai'ity of plaintiff or defendant, statement of claim to show 203 heir at la«-, of ■ ■ ■ ■ 205 next of kin, of 205 numerous persons or class, of 203 unascertained class, of 205 Residuar>- devisee or heir, administration at suit of 205 originating summons by 283 legatee or next of kin, administration at suit of 205 originating summons by 283 Rules of court existing, continued , 194 judges may prescribe 194 meaning of 188 Rules of law 189 Sale action for, default of appearance 215 judgment for, notice to persons interested but not parties 206 originating summons for, under mortgage 278 procedure where ordered by court 278 Sales of land by order of court approval of jvidge to be had 278 conveyance, parties to 278 mortgage, proceedings for sale under 278. 279 order for 278 parties bound by 278 modes of carrying out when ordered by court 278 Scientific persons judge may obtain assistance of 285 Service , admission and acceptances by advocates 2UI address for, plaintiff to give 197 service if omitted 197 defendant to give 212 service if omitted 212 defendant not appeared, on 212 pleadings, proceedings, etc 201 substitutioually 201 posting in clerk's office, hj 197, 212 Sei'vice of writ of summons affidavit of, writ and claim to be marked as exhibits to 199 agent, on, of defendant out of Territories 198 corporations, on 198 defendant's whereabouts unknown 201 added on 203 fees for, to whom allowed 1 98 firm, defendant carrying on business as 199 indorsement of service unnecessary 199 infant defendant 1 09 husband and wife defendanl s 199 land, in action to reeovei', -where vacant possession \'.)U lunatic or person of unsound mind 199 031 1027 76 iNDEJi C. 0. The figures refer to the foot paging. Judlcatupe -Continued. Service, original served in mistake 199 partners, on 198, 204 notice of capacity in which served 204 dissolution, after 204 personal 198 plaintiff may not effect 198 several defendants, some not served, procedure 214 who may effect 198 Service out of the jiirisdiction application for leave for 200 cases in which allowed 200 concurrent writ for 196 defendant's whereabouts unknown, order for, may be dispensed with 201 order for, to limit time for appearance 201 partner not necessary on, where firm served within jurisdiction 204 substitutional service may be allowed 201 Setoff See Counterclaim. Setting aside judgment by default ' 215, 243 service of writ 213 order for 213 writ of summons for irregularity 213 Setting down for trial 227 See Trial. Sheriff, enforcing return by 280 meaning of 188 Short title of Ordinance 187 Sittings of court adjournment of 293 coiirt en banc 286 court en banc, of 286 single judge, of 189 Small debt procedure action, entry of 3U8 address of parties 308 advocates' fees 31 1 claims for debt under .$100 308 particulars of 308 clerks fees 311, 320 dispvite, plaintiff to be notified of 309 notice of 310 striking out 310 general procedure, application of 311 indorsement of process unnecessary 312 interpreter's fees 31 1, 321 informalties not to avoid 312 issvie of summons 308 judgment by default 309 setting aside 309 particulars of claim 3O8 service of notices, etc 310 out of jurisdiction, order for, when not necessary . . 309 set off or counterclaim 3IO sheriff's fees 31I 321 1S98 tNDEx 77 The figures vet'ev t(i the foot paging. Judicature— Cniitinued. Small debt sviminoiis, issue of 30H return to clerk after sei'vicc 309 suit erroneously brought in general procedure, costs 31] time for dispute 309 trial, setting down for 310 notice of 310 representation of parties at 310 postponement, application for 310 witness fees 31 1 , 321 Special case agreement to pay money a(;cording to judgment on 242 cause or matter, in any 241 consent by 241 contents of 241, 242 costs of 242 court may draw inferences on 242 documents referred to in 242 entry of judgment on, for agreed sum 242 evidence on, where parties under disability. . . 242 inferences of fact or law inay be drawn on 242 in interpleader 276 judgment on, agreement for 242 execution on 242 order of coiu't by 242 paragraphs, division into 241 parties to 241 setting down of, where parties under disabihty 242 trial of preliminary question of law by 242 Specific performance damages or other relief may be given in lieu of or in addition to 192 .Statement of claim See Pleading. amendment of 229-231 causes of action, joinder 212 copy to be attached to writ 195 filing on issue of writ 19o further and better 218 pleading, rules of 217-219 representative capacity of parties to be shewn 203 striking out 220, 225 Stay of action or proceedings advocate repudiating issue of writ 197 appeal, pending 288, 289 partners, nondisclosure of names, on 204 trustees, executors, etc., applications by 283 Striking off roll .motion for, requirements 279 Striking out appearance -Ifi See Summary judgment. pleading, disclosing no cause of action or answer 22o embarrassing, prejudicing, scandalous or unne- cessary 220 Subpoena for examination in cause 247 1029 78 INDEX C. 0. The figures refer to the foot paging. JudiBatuve— Continued. Subpoena for cross examination on affidavit 247 for proceedings in chanibei's 248 service of 248 Kubstitutional service pleadings and suit proceedings, of 2ijl writ of summons 200 defendant's whereabouts unknown . . . 201 enti y of judgment, -where served sub- stitutionally, proof of claim .... 201 jurisdiction, oiit of 201 land, action for lecovery, vacant pos- session 199 pei'sonal service impossible 199 Summai'>' inquiries into fraudulent transfers 240. 24J See Inquiries. Summary judgment application for, where liquidated demand 216 affidavit in support of . 216 to be served 216 cause, shewing, by affidavit 216 bringing in amount claimed 216 cross examination on affidavit 217 subpcEna for 247 documents, production on 217 summons, by 216 service of 216 unliquidated demand included 216 leave to defend 217 conditional 217 order for, where no cause shewn 216 part of claim, for 21 7 Supreme Court of .Judicature in England, practice in, when to be fol- lowed 194 Taxation of cost.s 291 See Costs. Tenant for life iMjuitable waste, not to commit 191 Third party .... adding 208 admission ))y non-appearance .... 208 appearance liy 208 time for 208 default of 20,s leave for, aftei' default -iOS costs, generally i^lili defendant claiming against co-defendaiit.s may ad(i])t pro- cedui'e .... -iOi-l (lii-t'ctions as to tri;il :.'(i(l application f(n' -Itv.i genei-a] may be given .... ... ■_!(l!l pre\enti(in of delay to |)laintilf 21(1 Hxecntion against, whei'c judgment by default of appear- ance 200 judgment against 209 J 030 I'^ifS INDEX 7f) The figures refer Id f he foof paging. JuAiesLtupe— Continued. Third party, jiidg-ineii(, default of appearance, on aj8 setting aside 20!) between defendant and 209 liberty to, to defend action or appear at trial 20!) notice to. application for 20S tinie for 20S filing of 208 service of 208 time tor 208 contents of 208 writ to be served with 208 plaintiff not to be prejudiced or delayed by 210 trial of liability, directions as to 209 Time abridgment of 294 appearance to writ of sumnjons, for 195 may be shortened 196 for service ex Juris 201 clear days, how reckoned 294 contracts, in 191 enlargement of 294 expiring on holiday 294 service of papers, for 294 six days, where less than 294 Trespass injunction to prevent 191 mortgagor may sue for in his own name 191 Trial See Evidence. adjournment of, terms 243 cross-examination, disallowing questions in 243 defendant appearing, plaintiff not 243 default, judgment by, setting aside 243 judicial district, in which 188 judgment by default at, setting aside 243 delivery of, at or after trial 243 motion for, not necessary 243 jury in certain cases 228 costs of 228 order for 228 verdict to be unanimous 228 neglect to set down pursuant to ordei' 228 notice of 228 omission to prove material fact at 243 plaintiff' appearing, defendant not 242 postponement of trial, terms 243 separate, of different causes of action 2)2 setting cause down for 227 in vacation 294 speeches to jury, regulated 243 third party, liability of 209 withdrawal of cause 229 Trustees See Parties. actions by or against as representing estate, etc 203 1031 80 IXDEX The figviT-es rofpr tci the fool paging. CO. Judicature -CoreWftited. Trustees, application liy. for opinion and diicction of roiu4 claim against (m express trust not liarred liy statute judgment for execution of trusts at snit of originating .summons by, for determination of (|uestions . stay of actions on apiilication of Ti'ust express, action by c. (|. t. not bari-ed Ijy statute of limitations heir not necessary pai-ty to action t'oi' execution of judgment for execution of . originating summons in matters relating to representation of parties in actions for execution of Vacant possession, service where, in action to reco%'er land Vacation contested business excluded in default judgment I'x parte proceedings .... office hours of clerk in motions to set down may lie heard in period of pleading in, extension of time rules as to taxation of costs in \'esting orders jurisdiction of court to make mortgage proceedings, in ^V'ages , miliors may sue for Waste actions, to prevent equitable, tenant for life not to coftmiit injunction to prevent Wi'its alias or phii'ii's , .... attachment of goods See Attachment of goods. execution . See Execution. garnishee ... See Attachment of debts. replevin vSee Replevin. Writ of summons . . action to commence by alias or pluries appeai'ance to, time for may be shortened where service (".ryViw .... clerk to issue on personal application concurrent form and issue ... marked " concurrent ' renewal of service out of jurisdiction, for 196 in other jvidicial district, for 19ti retui'n of, time for . . 196 may be shortened. ,. . 196 285 191 206 283 . 283 191 207 206 283 207 199 294 295 295 192 294 294 294 .294-295 . 205 189 279 192 191 191 191 293 270 256 264 273 195 293 195 196 201 192 196 196 19fi 1898 INDEX 81 The figures refer to the foot paging. Judioatupe—Vontinued. Writ, coiK-urreiit, servicr of original, instead of I9li i-opy for servici', elaiiu to be attaclied to .• 193 date of issue to appeal' on writ 195 duration of 190 filing before judgment by default of appearance 214 indorsement addi-ess of plaintiff and advocate 197 for service of plaintiff 197 occupation of plaintiff suing in person 197 residence of plaintiff suing in person 197 service, of date of, unnecessary 1 99 issue of prfpcipe to be filed 195 contents of 195 statement of claim to be filed on 195 lost, where, copy may be sealed in lieu of 197 original served in mistake, dispensing \\'ith production 199 i-enewal of, application for 19fi duration and effect of renewed writ 196 evidence of 197 retui'n of, time for 195 may be shortened 196 where for service ex juris 201 ser\-ice out of jurisdiction, for 200 Juples. Juror, qualification for 347 exempted persons 347 shall not be called upon more than once in two years 347 Jury list to be furnished by sheriff to clerk of court 347 Special list to be prepared by clerk 347 to contain 24 names ... 348 Striking panel, appointment and notice. . 348 Challenges and constitution of panel 348 Ci'iminal matters, special list to be prepared by clei'k .348 constitution of panel 348 Precept to summon jury 348 in civil cases to issue to party 348 in criminal cases to sheriff' 348 Summoning jury 348 Return of precept by sheriff 348 Omission to obey sunmions 349 penalty 349 enforcement of 349 Names of persons summoned to be written upon separate cards 349 Selection of jurors 349 Special jury, constitution 349 costs of, to be paid by party applying for 349 on taxation allowance not to exceed costs of common jury 349 Sheriff's remuneration for additions to jury list 3.50 Ordinance, to operate after I'epeal of ss. 71 and 88 of The Xnrth-lVest Territories Act 3oO Schedule 350 Form A. Precept to sheriff 350 Form B. Summons for jurors 351 1033 ^52 INDEX C. 0. The figures refer ti i the fdot paging. Justices of the Peace. Interpretation of term ,"> .Jurisdiction, local .> Ordinance respecting 35.i See Maglstpates. Land held by tvro op mope pepsons. Tenancy in ccninion luiless contrary intention evidenced 36S Land held in tpust fop peligious societies. 309 Bee Religious Societies, etc. Landlopd and tenant. Overholding tenants, proceedings against -2^1 Rights of distress for rent limited 362 Costs of distress 361 Lands, Exppoppiation of See Bxppopplation of lands. Laur Society. 1.38 431 See next title. Legral Ppofession. Advocates, roll of, to constitute roll of membership of law society 431 custody of 43) admission and enrollment of 431 benchers may make rules and bylaws for .... 431 persons entitled to practise and be enrolled as 431 oath of 433 to be officers of court 437 assisting unauthorised persons to practise 437 suspension and disqualification of, proceedings for 437 notice to law society of proceedings for 438 of striking off roll or sus- pension 438 effect of 438 notice by law society to judges, of . . . ... 438 re-instatenient of by court en banc 438 notice to law society of . . 438 notice to law society of application for . . 438 unauthorised person practising as, proceedings against and punishment of 439 bill of costs of. See Bill of costs Benchers, elective, number of 433 qualification of ; 434 term of office of 433 election of .133 qualification of voters for 433 voter must have paid fees 434 for whom votes may be cast 433 \-otprs' list, to be posted up 433 correction of by seci-etary 434 ai)])eal from secre- tary's decision 434 \()ter must be on 434 void votes 434 manner of voting 434 sci'utiny and count of votes 434 eqviality of votes 434 declaration of election 434 1034 189S INDEX 88 The flgui'es refer to the foot paging. Leg-al Profession— C'oMiinued. Benchers, clettixi', declaration of, notice to l)enchei's elect, and pnblica- tion 43.') regulations for may be made by benchers 43.5 voting papers to be preserved 435 provision for absence of seci'etary 43.") disputed election 435 may institute proceedings for l)reach of Ordinance 430 retiring, eligible for re-election 434 c.r officio 433 vacancy, how to be filled .'. 436 powers of 435 Bill of costs, delivery of before action 439 order for ... ........... 440 proof of 441 immediate action on 441 taxation of, within one month 430 after one month 440 after one year, or after judgment 440 f.r parte 440 costs of 440 special directions relative to .......,._.. 440 order for '.,."'.'.".. 440 special circumstances '^ ."."... . 440 on application of person not principal 441 special circumstances 441 order for delivery of bill 441 af tei' payment within twelve months 442 style of proceeding 442 enforcement of payment 442 re-taxation of 441 Corporate name of law society 431 Disciplinary powers of court , .. 437 Documents, application for deliveiy by advocate of ... 440 style of proceedings 442 Examination of students of law, benchers may make rules and bylaws for 43f> Expenditure of law society 437 Fees foi' admission and enrolment, and annual fees, etc., benchers may make rules and bylaws fixing 436 to be property of law society 436 FuikIs of law society .... 436 custody of ... ... 436 disbursement and appropriation of . 437 (lovcrnnient of law society, benchers may make rules and bylaws for. . 436 Incorporation of law society 431 Libraries, purchase of 437 Members of law socii-ty, who shall lie 431 OfHcers of law society 436 Proceedings for breach o£ Ordinance may be instituted liy bejichers. . . , 430 Kepoiting legal decisions, benchers may make rvjles and liyjaws for. . . . 436 Roll of advocates 431 to be kept l)y secretary- 431 striking off for nonpayment of fees, and re-iiistate- nient, benchers may make rules and bylaws for 436 .sti'iking off for misconduct 438 1035 84 rNDEX C. 0. The flgnros rffer to the foot paging. Legal Profession— CoH/iftwer/ Rules and Vjylaws may he made hy benchers i3ti Secretary, provision for absence of at time of ek^ftion of benchers. . . , 43o Short title of Ordinance 431 Student of law, examination, etc., of, benchers may make rules and by- laws for 430 improper conduct of, powers of bencheis 439 \'isitors of law society, judges to be 433 Voters , . . . See Benchers, election of. Leg-lslative Assembly. Absence of speaker 1 1-12 deputy speaker 11-12 Committees, attendance and examination of witnesses before 14-15 Deputy speaker 11 Electoral districts defined 1.5 Examination of witnesses, compelling attendance for 14-15 Indemnity to niembeis 13 how paid 14 for part of session 14 travelling expenses 14 declaration of amount due to be made 14 Number of members 11 Questions in, decision of 12 Quorum 11 Resignation of members 12 not allowed during election proceedings 13 not to affect controverted election proceedings .... 13 Schedule of districts 15 forms 25 Speaker, absence of 11-12 acts done in 11-12 allowance to 12 vote, when equality of votes 12 Vacancies, how occurring 12-13 issue of writs to fill 13 Vacating seats in 12 Votes in 12 Witnesses, attendance and examination of before assembly or com- mittee 14-15 oaths of 13 forms of Lien Notes. Liens of Mechanics and others. Liens of Thpesheps. See Conditional Sales of Goods. See Mechanics' liens. See Threshers' liens. 'SO 409 476 486 Limitation of Actions. Actions on simple contracts to be commenced within 6 >-ears . . 354 The Real Property Limitation Act iSj^ in force in Teiritories 354 Liquor License. Accommodation in hotels g.24 licensee refusing, penalty 837 Action See Suit. T036 1898 mbt.% 85 The figures refer to the foot paging. Llquop License— Co»^m-ue(J. Advertisement of applications for license 825, 826 Agent, principal liable for certain acts of 836,844 occupant liable for certain acts of 845 Ale bottling works, licensing 830 Appeal from grant of license 834 from transfer of license 834 . Vpplication for license accommodation required in hotels, proof of 824 adjournment of hearing 824 advertisement of 825-826 appeal from board to jiidge 834 applicant to attend personally 828 bar, provisions as to not observed 837 bond, to be furnished on 831 certificate of result to be forwarded chief inspector 825 cities, additional licenses in 823 character of applicant, if objected to 830 notice to be given 830 company, by 822 decision of board final 830 evidence on, hov7 taken 828 fees on. Territorial 830 municipal 831 prosecution fund 826 form of petition 858 hearing and determining 829 adjournment of 824 license not to be granted disqualified person 823 license commissioner 823 inspector 823 for premises of which commis- sioner or inspector owner. . . 823 issue of 821-826 manner and time of 824-826 married woinan, by 824 objections and protests 827, 829, 830 by inspector 830 by board itself 830 papers to be sent inspector for production to board 825 open to public inspection 825 partnership licenses 821 permits for race meetings, etc S22 persons entitled to be heard on 829 protests against 827 railway dining car or hall, for 822,823 recommendation required in certain cases 824, 827 refusal of, for unfitness of applicant 830 rehearing 830 removal, applications for 833 renewal, application for 826 recommendation when necessary 826 report of inspectoi- 828-829 use of 829 may be dispensed with, when , , 830 re.staui-aiit.s, for • ■■ ■ 823 joy 7 86 INDEX CO. The flgmrs refer to the foot paging, Llquop lilcense— Continued. Application, time of . • . , 824 application at other than regular period 826 Territorial treasurer, to be sent to 825 transfer, a])plication,s for 832 witnesses may be sumnionecl and exaniinefl on oath 828 Attorney General may sue siu'eties for penalties 831 chief inspector to report to , 834 report to be submitted to Legislative Assembly 835 Auctioneer selling liquor, part insolvent's estate 819 Bar, access to and from 83ti billiards, etc., excluded from bar room 837 doors, windows, etc 836 elections, to be closed during 836 hoxirs during which may be open . . . . , 835 one, only, to be kept , . 835 persons found in during prohibited hours, penalty 836 requirements not observed, license not to be granted 837 sitting room to be distinct from 824 view of not to be obstructed 837 Barter of liquor by licensee, penalty 837 See Penalties. Bills and notes, for quantities less than one gallon 839 Board of license commissioners, applications to See Application for license. appointment of 820 cancellation of licenses by 831 causing license to issue illegally, penalty 843 chairman and secretary 820 expenses 820 meetings of 824 may be adjourned 824 for considering applications 824 notice of 82."i chief inspector may call 824 oath of commissioners 820 powers of justices at hearings 828 quorum, in absence of, meeting to be adjourned ,s24 recommendation of, required for licenses 824 regulations by, proof of 849 vemvmeration 820 secretary 820 term of office S^d Boarder or traveller, pretending to l)i' 84:-! Bonds by licensees, on application . 831 in case of removal 5^33 form of 860 member of assembly not to sign unless licensee . , 857 Bottling works, license fee SH(i Bribery of chief inspector or inspector S43 Cancellation of licenses Ijy board 831 chief inspector 831 jvidge of court s34 Canti^en N. W. -M. P Ordinance, application to 8I9 l0^;8 1 898 INDEX 87 The figuies refei- to the foot paging. Llquop lAcense-Continnecl. Cards playing, with betting 838 arrest on view 838 Chemists and druggists, provisions affecting 841 Chief license inspector, appointment of 820 bribe, not to receive 843 certificate of, prima facie e%idence 849 defined 819 duties of, may be prescribed by Lieutenant Gov- ernor in Council 820 to advertise applications 825 send inspector list of applications . . 825 notify successful applicants 825 issue licenses 826 regarding applications out of regular period 826 send protests to inspector 827 require receipt for municipal license. . 831 keep register of licenses 834 record of convictions 848 record of applications 834 furnish extracts, etc 834 report annually to attorney general . . 834 licenses to be signed by 821 illegal issue of, by 843 salary 820 security 820 term of office 820 Cities See Municipalities. additional hotel licenses in 823 Clerk of court may obtain extracts from register of licenses 834 Clubs, applications by, for permit to licensees for sporting meetings, etc 822 not incorporated by special Ordinance, sales by, prohibited 841 Commissioners See Board of License Commissioners. license not to issue to commissioner 823 license not to issue for premises owued by commissioner. 823 not to act as J. P. in license cases 848 causing license to issue illegally 843 Company, incorporated, may become licensee 822 officer to act for 822 Complaint See Prosecutions. against grant of license or transfer 834 Compounding officers, penalty for 843 Confiscation of liquor found on unlicensed premises 846 Constable, authority of 845-846 bribing or attempting to bribe 838 duties, as to removal of disorderly persons 839 harboring 838 obstructing, penalty foi' 845 powers and duties in preventing or detecting x'iolation of Ordinance 84.t .■supplying- liquor to 838 1039 88 INDEX C. 0. The figures refer to the foot paging. Llquop Uconse— Continued. Conviction See Penalties, Prosecutions, Forfeiture. effect on application for renewal 826 forms of 870-871 penalty where none fixed 844 procedure where previous conviction charged 847 record of, to be indorsed on license 848 report of to chief inspector 848 statement of convictions to be sent inspector 825 third, effect of 849 wholesale licensee, of, effect 821 Costs See Penalties. to justices 849 to inspectors on prosecutions 850 Death, accidental, while intoxicated, liability of person furnishing liquor 840 licensee, of, transfer of license 832 Dice, prohibited 8.38 arrest on view 838 Dining car, sale of liquor on 822 Dining hall, railway, license for beer 822 Disorderly conduct on licensed premises, penalty 838 licensee may expel disordeily person 838 Disqualified persons, applicant refused for unfitness barred for two years 830 license commissioner 823 license inspector 823 not to issue to 823 person convicted for third offence 849 where tenant disqualified board may authorise owner's agent to continue business 832 \A'holesale licensee allowing consumption on prem- ises S21 Druggists, provisions affecting S41 requisition for liquor during prohibited hours .... ... 830 Drunkenness, on licensed premises, allowing, penalty. 83S Drunken person, interdiction ,S.5l licensee may expel 838 sale to, penalty 838 Dwelling house, defined 1S18 Ejectment of licensee, license to new tenant in case of ' , S32 of disorderly pei'sons from licensed premises 83s Elections, sale or disposal of liquor during, prohiljited . . S3ti Employee, licensee lial)le for certain acts of . . , .836-844 occupant liable for certain acts of )54.Ti males under 18 and females not to serve liquor in hutels .... X3U Evidence act of servant that of licellse<^ when 836,844 cei-tificate of chief inspector as to license 849 consideration for sale lU' barter, of, unnecessary 8oO interdicted person, of ., . 8.52 precise description of litjuor, of, unnecessary 850 presence of liquor, utensils, etc 849 850 production of licensi', prima facie proof, etf 850 regulation of board, of 849 1040 1898 INDEX 'Sr» The figures refer to the foot paging. Liquor lAcease— Continued. Evidence, sale, disposal or consumption, of 850 signs or marks inducing belief that premises licensed, etc 850 Exceptions in information need not be negatived 846 Execution, sale of liquor under 819 Fees See License moneys and fees. to justices : 849 to inspectors on prosecutions 850 Females not to lie permitted to sei've liquor 839 Female licensee, marriage of 833 Fines See Penalties. Forfeiture of license on conviction of wholesale licensee 821 by tenant, owner's rights 832 fraud in obtaining 834 sale to minors, second offence 839 permitting males under 18 and females to serve liquor 839 selling to intoxicated person who suicides or meets accidental death 840 repeated offences operating as 844 third conviction causes 849 for breach of section 94 of Indian Act 844 of liquor found on TUilicensed premises 846 Forms prescribed 847 schedule of 858 A. — Petition for license 858 B. — Recommendation 858 C— Affidavit of licensee 859 D. — Affidavit of neighbours as to character 859 E.— Bond 860 F.— License 861 G.— Protest 861 H.— Order of forfeiture 862 .1. — Interdiction order by magistrate 863 • K. — Notice of interdiction by magistrate. ... 863 L.— Notice of interdiction by inspector 864 Forms for describing offences 865 M. — Information or complaint 867 N.— Information or complaint for repeated oflencr 868 O. — Summons to witness 869 P.— Conviction, first offence 870 Q. — Conviction, third offence . 871 R. — Warrant of commitment 872 Fraud in obtaining license or transfer 834 Gambling on licensed premises, prohiliited 838 Games, not allowed in bar room 837 liquor not to be supplied in room with 837 Gaming, with betting, etc., on licensed premises 838 arrest on view 838 Harboring constable, jienalty 83-i Hotels, accommodation for guest s 82i, S,!; stabling 82-1 sitting room ■'^2 1 meals ■ 82-1, 837 66 1041 90 INDEX C. 0. The figiires refer to the foot paging. Llquop Ijleense— Continued. Hotels, hours for sale or consumption limited 835 license, number of, limited 828 defined 818 fee 830 penalties See Penalties. report of inspector upon premises 828 may be dispensed with 830 Hours for sale or consumption of liquor limited 835 See Penalties. Householdei', recommendation of ten 824, 827 not required on renewal unless, etc . . . 826 to be signed within 60 days 827 term defined 818 Husband of female licensee, rights and liabilities of 833 Incorporated company See (Company. Incorporated societies and clubs applications by for short term permits to licensees 822 not incorporated by special Ordinance, sale by prohibited. 841 Indian Act forfeiture of license for certain breaches of 844 Information and complaint See Prosecutions. Insolvent debtor's estate sale of liquor belonging to 819 Inspector appointment of ... . 820 bribe, not to receive 843 causing license to issue illeiially, penalty 843 citj' may appoint 821 costs to on prosecutions 850 defined 819 duties prescribed by Lieutenant Governor in Council 820 infractions of Ordinance to be repoited and prosecuted 820, 821 inspection and report on proposed licensed premises 828, 829 inspection at other times of licensed premises 820 interdiction by B59 justice of the peace, inspector not to act as 848 license not to issue to, nor for premises owned by 823 objections by, to applications must be contained in report .... 830 obstructing in execution of duty, penalty 845 offences, po\'i-ers and duties in preventing and detecting .... 845 notice of rehearings to be given by 830 papers on applications to be produced by, to commissioners . . 825 to be returned by, to chief inspector. . . 825 prosecution of offenders, duties as to 820, 821 protests to be produced by, to commissioners 827 lehearings, notice of to lie given by 830 report of, on proposed licensed premises 828, 829 does not exclude discretion of commissioners 829 must contain all objections of 830 may be dispensed with 830 lestaurants, licensed, duties regarding 823 salary, how fixed 820 synopsis of Ordinance, duty to see posted 821 town may appoint goi 1042 1898 INDEX 91 The figures refer to the foot paging. Llquop lulcense— Continued. Interdiction, forms of cliarge, etc 867 inspector may be required to forbid sale to inebriates 852 interdicted person a competent witness 852 immunity of, from certain pxmish- ments, when 852 justice of the peace, proceedings before 851 notice to be given to licensees 851 penalty against interdicted person for obtaining liquor. . . 853 penalty for supplying liquor to interdicted pei-son 851-852 Interpi'etation 818-819 " Board " 818 '•District" 818 "Householder " 818 " Dwelling house " 818 ■' Justice " 818 "Hotel license " 818 " Licensee" , 818 "Person" 818 " Licensed premises 818 '• Liquor," " Liquors " 819 " Public bar," "bar "' 819 " Inspector " , 819 " Chief inspector " 819 "Sale by retail " 819 " Electors " 819 "Judge" 819 Intoxication See Drunkenness, Drimken Person, Interdiction. Judge, complaint to, against grants of license, transfer, etc 834 defined; 819 Justice of the peace See Prosecutions. commissioners to have powers of, when 828 commissioner not to act as 848 defined 818 fees to, in certain cases 849 inspector not to act as 848 report to be made by. of convictions 848 forfeitures 848 Lager beer, bottling works, license lee 830 Legislative assembly, members not to be bondsmen ov petitionei's, ex- ception ■ ■ - 857 License commissioners See Board of license commissioners. License districts to be established 819 may be altered 819 proclamation of 819 Licensed premises See Premises. " Licensed to sell, etc.," to be printed over doorway 835 Licensee, agents or employees, liability for acts of 836, 814 death of ■'<3i-' defined - *^^^ desertion of premises by ^■''- marriage of female 833 06A 1043 92 INDEX 0. 0. The figures refer to the foot paging. Llquop Liioense—Contivued. Licensee, removal by 833 \ acatioii of hcensed premises 832 See Penalties, Transfer of licenses License inspector See Inspector. License moneys and fees amount of license fee 830 application fee 825 receipt for, to be forwarded applicant 825 general revenue fund, to be paid to 826 municipal fee 826, 831 part of year, for 831 payment of 826 to Territorial treasurer 826 prosecution fund 826 railway dining hall, license fee 822 railway dining car, license fee 822 refund of unused portion of expense deposit 826 removal or transfer, fee on 833 Licenses, application for 824 See Application for license. cancellation of 831, 834 conviction, record of, to be indorsed on 848 ejectment of licensee, license to new tenant 832 exposure of, required 835 fees 830 See License moneys and fees. forfeiture of . . on conviction of wholesale licensee 821 by tenant, owner's rights 832 by fraud in obtaining 834 sale to minors, second offence 839 permitting males vmder 18 and females to serve liquor 839 selling to intoxicated person who suicides or meets accidental death 840 repeated offences operating as 844 third conviction causes 849 for breach of s. 94, Indian Act 844 form of 861 improperly granted, cancellation 834 penalty 843 hotel 82! issue of 821,826 notice of on outside of premises 835 number of, limited 828 partnerships, licenses to 821 person nanaed in, only extend to 823 premises named in, only extend to 823 production of, prima facie genuine 850 race meetings, etc 822 railway dining cai' or hall, for 823 application proceedings not re- quired 823 record of conviction to be indorsed on 848 removal of licensee ... 833 1014 1898 INDEX 93 The figures refer to the foot paging. Liquop Lleense-rCoii(i/iitcd. Licenses, renewal of 82(i transfer of 831 S(}(^ Transfer of licenses. wholesale 821 Limitation of time for piosecutions 84i! "Liquor," ■•Liquors " defined 81!) Locality of premises may be objected to . . . 827 Local option, vote may be taken as to license .... K.j.S requisition for 8o3 deposit for expense of poll 853 one-fifth of electors to requisition 853 proof of signatures, etc 853 appointment of returning officer 864 date and places of poll 854 notices to be given . 8.54 powers of retm'ning olticei's 8.i4 apparatus for taking poll 854 deputy returning officers and clerks 8.54 oaths of office 854 penalties 854 oaths of voters 855 proceedings at polls 855 record of voters, etc 855 ballot vote 855 certain provisions of Canada Temperance Act incor- porated S55 proceedings at close of poll 8.55 duties of deputy returning officei' 855 declaration of result 856 ballots, etc., to he deposited with board 85(5 objections to proceedings 8.5(i defects of form, etc 856 date decision in force 857 vote stands for 3 yeai's 857 expenses of vote ... . 857 Lodger, pi'etending to lie 84;< Lodging, licensee refu.sing, penalty ... 837 Married woman, license to 824 Marriage of female licensee 833 Meals, hotel to be equipped for serving 824 licensee refusing, penalty 837 liquor at on vSundays 836 Mechanical purposes, sales for ... 841 Medicinal purposes, snles for, permitted at any hour 83li by druggists regulated 841 certificate of medical practitioner, druggist or .1.P.836, 841 penalty for false 842 Members of legislature, not to be bondsmen, etc., unless applicants 857 jMinors, supplying hquor to, prohibited 839 Municipalities, applications, may be represented on hearing of 829 cities, additional licenses in S23 cities or towns may pass license bylaw 831 copy bylaw to be sent chief inspector. 831 duration of l)yla^v , . ... 83i 1046 9i lifDEX C. 0, The flgurfs refei' to the foot paging. Llquop LiioBnse— Continued. ^riiTiicipalitics. cities ov towns, certificate of paj'nieiit of fee to be pro- duced 82fi license issued for part of year, fee 831 railway dining hall, license 822 I'ebate of license fee on cancellation of license 831 may appoint inspector 82) fines recDvered through action of 821 Native wine, license not necessary for certain sales of ^^9 Xoi'th-West Mounted Police, Ordinance not to apply to canteens .... 819 North- West Territories Act, partially repealed 8.o7 Xotes, promissoiy, void when for quantities less than one gallon 839 Notice of meetings to consider applications 82.5 that premises licensed, to be exhibited 833 Number of licenses linuted S2S Oath of office of commissioners 820 Occupant, liability for acts (jf sei'vants 845 Offences and penalties See Penalties. Option clauses ... 8.53 vSee Local option. Ordinance, synopsis to be posted 821 Pawn, licensee not to receive for liquor 837 Pai'tnerships may be licensed ... 821 separate license for each plai.-e of biisiness 821 provision in case of dis.solution 822 Payment for liquoi' must be in cash 837 in advance, for liquor, penalty 837 Penalties fines recovered through municipalities 821 bonds securing payment of 831 under local option clauses 854-855 for neglect to expose license 835 being in licensed premises in prohibited hours 836 refusing lodging, etc 837 receiving payment for liquor otherwise than in cash 837 bartering or receiving goods in paAX'n for liquoi- 837 permitting gambling and disorderly condvict 838 permitting assemblage of bad characters on licensed premises 838 permitting gaming, cards, dice, etc 838 arrest on vie^u' 838 harboring, bribing or supplying liquor to constables 838 disorderly persons refusing to leave on request 838 pei-mitting internal connuunications with unlicensed premises 839 supplying liquor to persons under IS 839 permitting male under 18 oi' female to serve li(iuor (exception) 839 giving liquor to pel son who during intoxication .suicides or suffers accident 840 wholesaler allowing consiunption on premises .... ,840 selling to illicit retailer ,S4(i retailing elsewhere .. , S4u evidence under 841 obstructing inspector or constable in duty 845 having in possession liquor found on search under -s^'ari'ant 840 having in possession liquor without license 841 1046 1898 IXBEX 95 The figures refer tn the foot paging. Llquop lAoense— Continued. Penalties, provisions regarding chemists and druggists 841 selhng during prohibited hours 841,842 medical practitioner giving false certificate 842 allowing consumption on premises not licensed therefor 842 purchaser drinking or allowing drinking in wholesale premises 842 selling or bartering without license , . 842 supplying liquor to interdicted person 851,852 interdicted person obtaining liquor 853 pretending to be lodger or traveller to obtain li(|uor after hours ... 843 bribing chief insjiector or inspector ... 843 causing license to issue illegally 843 compounding offences 843,844 preventing or assisting to avoid arrest 844 repeated offences, forfeiture 844 cases not provided for 844 breach of Indian Act s. (W, forfeiture 844 contravention by servant contrai-y to instructions 844 liability of licensee or occupant for employee's acts 836,844,845 See Prosecutions. omitting to post synopsis of penalties 845 repeated offence, must be for different day 848 Permits for race meetings 822 " Person " defined 818 Petition for license See Application. form of 858 against license 827 See Protest Pledge for liquor, void 837 recovery of 837 Policeman, powers and duties in preventing and detecting violations 845,846 obstructing, penalty for 845 authority of 845 Population, number of licenses controlled by 828 Premises accommodation in hotels 824 bar, connection with 836 character or locality of, protest based on objections to 827 expulsion of disorderly persons 838 hours and days on which must be closed 835,836 improper, license may be cancelled 831 inspection before license 828,829 at other times 820 internal communication with unlicensed premises prohibited 839 license only valid for premises mentioned in it 823 " licen.sed premises " defined 818 notice of license to be posted outside 835 presumption from presence of liquor utensils 849 property of commissioner or inspector, not to be licensed 823 regulations as to, not observed, license to be refused 837 removal of licensees 833 restaurants in cities 823 synopsis of Ordinance to be posted 821, 845 vacated by licensee 832 where license forfeited , RS2 1047 96 INDEX G.'O. The figures refer tn the foot paging. Liquor tiiaense— Continued. Previoiis conviction, charge (jf 847 Privy, hotels to be provided with 824 to be liept clean, etc 824 Pi'oclamatioia of license districts 81ft Prosecution fund, amount to be paid 826 Prosecutions See Evidence. r(nnniissioner not to act as luagistiate 848 exceptions need not be negatived 846 fees for 849-850 forms prescribed 865-873 See Forms. inspector required to institute 820-821 not to act as magistrate 848 limitation of time for 846 magistrate to report convictions and forfeitures 848 oifenees, describing 846-847 several in one complaint 847 conviction may be for several 848 repeated, conviction for must lie for different day, etc 848 procedvire where jjrevious conviction charged 847 summons to licensee to call for license 848 Protests, accordance with Ordinance, must be in 827 board to hear and decide 827-828 decision on, to be in writmg 827 evidence, how taken 828 fee to accompany 827 return of, if piotest allowed 827 filing, time of . . 827 form of . . , ^ .... 861 grounds of 827 hearing of 828 may be adjourned _ , . . 824,828 to take place in locality of premises 824 day and place to be fixed for 827 notice of time and place of .... 827 to be public 828 in summary niannei- . . 828 and determining 829 municipality may be represented on hearing 829 by against additionallicenses in cities 82.3 objections to chai'acter, notice to be gi\-en a]iplicant 83n papers open to public inspection 825 petition, objecting to license, to be by .... 827 mu.st be by 7 of 20 neaiest hoiiselioldei's 827 member of assembly not to be party to ... 857 Territorial treasm'er, duty on receipt.. ... 827 signature of. time of. to be certified ... 827 distance (if signers' residences to be stated . 82S qualified ]>ersons may lie heard on 829 ti'ansfei' or removals, against 834 witnesses niay l)e smnmoned and examined on oath 828 " Public bar'," defined . 819 See Bar 1898 INDEX 97 The figures refer to the foot paging. Llquop LtieensB— Continued. Quantity, allegation of, where fsscutial. . H47 prirc of less than one gallon not vei-oveiable unless a.i;ainsl hoarder or traveller . . 839 Racing assoeiations, special permits on aijplication of 822 Railway dining halls, heer licenses to. . . 822 cars, s))ecial license to 822 applications in these cases... 823 Reconnnendation of householders 824, 827 to accompany applications e.\( ept in cities and towns 824 not I'ecjuired on I'enewal of license iniless apphcant convicted 826 to be signed within 60 days , . 827 certificate to accompany 827 to state distance of signers' i-esidenecs 827 form of S.is Refi-eshuient house, unlicensed, internal connnmiication with licensed premises prohibited 839 Refund of license fee on application for cancellation 831 Register of licenses, chief inspector to keep 834 convictions to be recorded in 834 Rehearing of applications 830 Removal of licensees 833 application for permission 833 board may allow .... 833 chief inspector may permit if no protest . 834 fees on application .... 833 permission to he indorsed on license 833 (.)btained improperly, cancellation ... .... 834 Report of (diief inspector 834 to he submitted to Legislature 83o Restaiu'ants, licensing in cities 823 liquor at meals on Sundays 836 Retail licenses See Hotel licenses. Sale In' retail defined 819 ■Sale of li(|Uor. hours of, limited 83.i consideration must be cash 837 to drunken person, penalty 838 to persons under 18 years of age 839 l)v males under IS and females prohibited, in hotels 839 in quantity less than one gallon, price not recoverable except against lioarder or traveller 839 See Penalties. proof of .sale, etc 8.')0 See Evidence. under execution .... 819 .Search by officers ... 84.i warrant to ... . 845 liquoi' found on 846 forfeiture of .... 846 penalty on occaqjant of ])remiscs 846 .Second and t.hird offences. . 847 forfeiture iii certain cases 844, 849 procedure where previous conviction charged 847 penalty increased when applicable 848 third offence disqualifies S49 1049 98 INDEX C. 0. The fiRiires refer tn the foot paging. Llquoi' Liieease— Continued. Security, bonds by licensees . . 831 form of 860 in case of removal 833 for price of less than one gallon void 839 iiiember of Assembly not to give bond unless licensee ... S.'iT Servant licensee liable for certain acts of 836, 844 occupant liable for certain acts of 845 males under 18 and females not to ser\e liquor, exception 839 Set ott" of price of less than one gallon of liquor not allowed, exception 839 Sheriff, sale of liquor by under execution 819 Short title of Ordinance 818 Sitting room to be distinct from bar 824 Societies, sporting, etc., application by foi' permit to licensees 822 not incorporated under special Ordinance, sale by prohibited 841 Stabling accommodation at hotels 824 Suicide, while intoxicated, liability of person by whom liquor given to deceased 840 Suit for price of less than one gallon not allowed, exception 839 pleading general issue . . . 839 Sunday, sale of liqiior on prohibited, except at meals 835, 836 Synopsis of Ordinance and penalties to be posted 821 penalty for omitting to post 845 Towns See Municipalities. Transfer of licenses, application for 832 fees on 833 chief inspector may permit if no protest 834 consent of chief inspector 832 death of licensee 832 ejectment of licensee, license to new tenant 832 improperly obtained, cancellation 834 licensed premises vacated or lease determined 832 licensee improperly refusing to transfer 832 marriage of female licensee 833 report of inspector 832 tenant forfeiting, authority to owner to continue business . . . 832 transfer of business by operation of law, on 832 Traveller or boarder, pretending to be 843 liability for liquor supplied 839 Turf clubs, permits to licensees for race meetings, etc 822 Vote as to issue of licenses 853 See Local option. Wages, except due by licensee, not to be paid on premises S35 Wholesale license consumption on premises prohibited 821, 840, 842 conviction'of licensee, effect of 821 evidence 841 houi's for sale limited 83.5 liability of licensee and occupant for acts of ser- vant 836,844,845 license fee 830 no othei' business allowed, exception 821 penalties against See Penalties, 1050 1898 INDEX 99 The figures refer to the foot paging?. Llquop lAcBTlse— Continued. A^Tiolesale lirense, powers of licensee 82) report of inspector . 829 restrictions on sale by . . .• 821 wholesale and I'etail licensees, payments between .... 838 wholesale licensee selling for illicit sale 840 by retail elsewhei'e 840 Witnesses See Evidence. Literapy Institutes. .i2<) See Mechanics and Literapy Institutes. Livepy, Boarding and Sale Stable Keepers. Animals detained to be cared for by stable keeper 472 " Boarding stable keeper " defined 472 Detention by stable keeper of animals and effects for indebtedness. . . 472 Effects detained, stable keepier responsible for care of 472 Interpi'etatiou 472 Lien of stable keeper on animals and effects for indebtedness and en- forcement 472 '• Livery stable keeper " defined 472 Ordinance, copy of, to be posted in stable or benefit of Ordinance for- feited 473 Penalty for omission to post copy of Ordinance in stable 473 omission to cleanse and disinfect stable 473 Responsibility of stable keeper for animals and effects detained 472 " Sales stable keeper " defined 472 Sale by public auction of animals and effects detained in default of pay- ment within one month 472 notice of intention to sell to be advertised (and posted up in post oiHce'and stable) for two weeks 473 particulars to be stated in 473 proceeds of, application 474 surplus unclaimed after one month to be paid to Terri- torial treasurer 473 for one year to belong to general leve- nue fund 473 Short title 472 Stable to be cleansed and disinfected in April and October 47.3 penalty for omission 473 Local Imppovement. Accidents, etc., to public works, limited expenditure by overseer with- out sanction of public meeting 649 Assessment of district, overseer to make 650 roll 650 omission from 650 copy, to be posted 650 original, to be open to inspection 651 of land of unknown owner 650 notice of, may be given to non-residents 651 appeal against . 651 of lands vested in crown on confirmation of return of un- paid taxes 655 commutation foi' See Commutation. Auditor, election of and duties 648 1051 100 INDEX 0. 0. The flgui'ps vffpv to the foot paging. Local Imppovement— Continued. Book of ivcord of property of district to l)e kept by over.seei' r>o8 receipt for property or funds handed over to new over- seer to he given in f 656 Books of district, audit of 648, 656 Chairman of first meeting, returning offlcei' to i)e . . . . 64S nnnual meeting, election of . . 650 " Commissioner " defined 645 Commutation, credit foi' each day's work 65] notice to he given overseer of intention to commute .... 651 work to commence within 15 days after notice from overseer 65J faihire to complete, forfeiture of right to commute and taxes to he paid. . . 651 penalty f oi' 651 when and whei'e to he done, overseer to give notice 651 animals and implements that ovei'seei' may require and credit therefor 651 substitute, work may be performed by, to work 8 hours a day 652 excuse accepted b>- overseei. no exemption fi'om work hy reason of (io2 to be worked out before July 24 except otherwise decided by two-thirds vote at annual meeting 652 Disorganisation of district 646 •' District" defined .. ,. 645 Enlargement of district See Re-organisation. Exijendituie by overseer without sanction of public meeting, limited. 649 Fees to returning officer for holding first election of overseer, etc • 652 on redemption of lands aftei- confirmation of return of unpaid taxes 655 witness, to person successfully opposing confirmation of return . . 655 File guardian, overseer to be ex officio 656 guards, making 814 Foreman of works, overseer may nominate 652 Funds of district, first charge on, expenses of erection of district, first election of and I'emuneration of oveiseei'. etc., to be 652 balance of, to be expended on district work 652 work outside district, expenditure of , on 649 handing over of to neT\- overseei' 636 Implements, piu-chase of, to be decided upon at meeting 648 Improvements to be decided upon at meeting. .. . 648 Inspection of works, implements, etc 656 Interpretation 645 Tjiability of overseer in certain cases . . . (i.55 of residents in cei'tain cases li.i.i .Meeting, first . . , , See Overseer, election of procedure at. after election of (>ver.seer. .... 648 chairman of, retiu'ning officer to be ,. (US motions at. how to he made and voted upon 648 minutes of, to be kept f)4S matters to be decided at 648 expenses of. to be first charge on funds of district 652 .1052 1898 INDEX 101 The figures refer to the foot paging. Local Itnppo-vement— Continued. Meeting, annual, when to be held 649 overseer to call and post notices of holding of 649 chairman of, election of 650 procedure at 650 Minutes to be kept of proceedings at meetings 648 Motions how made and voted upon 648 Noxious weeds, destruction of 649 Organisation of districts 645 what districts may be organised, and a number to be given 645 notice of intention to constitute to be published and posted 646 expenses of, to be a first charge on funds of district 652 "Overseer " defined 645 election of first 647 subsequent 650 returning officer for first election to be named in order constituting district 647 not acting, commmissioner to appoint another 647 to call meeting 647 has casting vote 647 may be a candidate if a resi- dent 647 to forward verified return to commissioner 648 fee to 6o2 to be by open voting 647 cost of, how to be defrayed 647 condvict of poll 647 failing election, commissioner may appoint . . . 647 if disputed, commissioner to decide 648 expenditure by, without sanction of public meeting, limited 649 term of office 649 vacancy in office, provision for election of successor 649 to call annual meeting 649 assessment to be made by 650 See Assessment. remuneration of 652 to be a first charge on funds of district . 652 assessment of, to be worked out in superintending work . . 652 oifences by, and penalties 655 fire guardian, to be ex officio 656 of "statute labour district," reference to in other Ordinan- ces to be deemed to refer to overseer of local improve- ment district 656 Owner unknown, assessment of land of 650 Penalties for offences by overseer 655 failure of resident to complete commutation work 651 certain offences by resident 656 application of 656 " Person " defined 645 Property of district, over.^eer to keep record of 653 handing over to new overseer 656 Redemption of lands, taxes upon which are adjudged in default 655 1053 102 INDEX C. 0. The figures I'efer to the foot paging. Local ImTppoveznent -Continued. Redemption of lands, fee 655 faiUng, judge's order vesting land in Crown 655 Regulations, Lieutenant Governor in Council may make 656 Re-organization, subdivision or enlarging of district 646 division of funds and property' on subdivision 646 "Resident" defined 645 liability of in certain cases 656 Return by returning officer to commissioner of election of first overseer 648 of assessment, payments, commutation, etc., by overseer to commissioner to be made annually 653 resident may inspect 653 of unpaid taxes to be made annually by overseer to commis- sioner 653 Returning officer See Overseer, election of Road allowances within and around district, form part of district 646 forming boundary between districts, arrangements to be made respecting 646 Short title 645 Statute labour Ordinance, references to in other Ordinances to be deem- ed to refer to this Ordinance 656 Statute labour districts, reference to in other Ordinances 656 overseers of, reference to in other Ordinances to be deemed to refer to overseers of local im- provement districts H.5' 761 open to inspection of public, to be 762 hides to be kept by for inspection and record 762 " Cattle," interpretation of expression 758 "Department," interpretation of expression 758 Fees to inspector of stock 761 on re-allotment or transfer of brand 764 Hides of cattle slaughtered by butcher to be kept for . inspection and record 762 by others to be inspected, etc., and exhibit- ed with beef offered for sale .... 762 for home consumption to be kept for 60 days for inspection of public 762 of cattle found dead, to be I'euiu ved only by owner or his agent,etc. 762 purchaser of, record to be^kept by 762 open to public inspection 762 " Horse, " interpretation of expression 75H Inspect oi's of stock appointment by minister 761 publication of in Gazette, evidence 701 duties of ... 761 certificate to be given b\' 761 evidence of inspection 761 fees to 761 Interpretation 758 •' Minister," interpretation of expression 75lS Offences and penalties 76.3 Officers, annual returns to be made by 702 " Owner," interpretation of expression 7.58 Penalties 763 " Proprietor," interpretation of 758 "Record," interpretation of expression 758 Recorder of brands, appointment of 759 subject to direction of miiiistei' 759 record of brands allotted, to keep 759 Returns to be made by offlccrs 762 Shipment of stock out of Territoi'ics 76] certificate of inspector to be uljtaincil before ... 761 proof of inspection, onus of . 761 1056 1898 INDEX 105 The figures refer to the toot paging. Marking' and Inspection of StocW-Continued. Short title 758 " Stoct," interpretation of expression 758 Transfer of brands, certificate of record to be sent to recorder 760 entry on record 760 effect of 760 fees on 764 memorandum of 760 venting of stock, unless brand included in transfer . 760 exception when stofk to lie slaughtered or shipped 760 ■' >'ent," interpretation of expression 758 Mappiag'es, Solemnisation of Affidavit to be made by one of parties before license issued 41S to be forwarded to attorney general with quarterlj' return. . . 418 further evidence to be required by license issuer doubting correctness of 418 Commissioners for solemnisation 417 Consent of parent or guardian to marriage of minor necessary 418 Fees on issue of licenses, and disposition thereof 419 Liability of person solemnising marriage 418 Licenses, issue of, and form 418 to be signed by attorney general 418 to be signed by license issuer when issued 418 affidavit to be made by one of parties before issue ... 418 to be supplemented by fvirther evidence if license issuer doubts correctness of 418 penalty for unauthorised issue of 419 License issuer to make quarterly returns to attorney general, and to forward original affida.vits therewith 418 when called upon, to make sworn return of licenses sup- plied, and return of unissued licenses 419 License fees and disposition thereof 419 Marriage, solemnisation of 417 persons authorised to solemnise 417 ceremony not to be performed without license or banns 417 to be solemnised in presence of two witnesses 417 to be registered by person s( lemnising 417 person solemnising in good faith not liable though legal im- pediment existed 418 penalty for solemnising without authority 419 Minor, consent of parent or guardian required to marriage of 418 Penalty for issuing license or solemnising marriage without authority. 419 Registration of marriage by person solemnising 417 Return to be made by license issuers quarterly to attoi'ney general, ac- companied by original affidavits 418 when called for, of licenses supplied, and return of unissued licenses 419 Mappiag'es, Registration of 129 .See Vital Statistics. Mappied W^omen, Personal Property of As regards personal property b.as rights of a feme sole 421 Masters and Sepvants. Apprfentice, misconduct of 429 o7 1057 106 INDEX C. 0. The figures refer to the foot paging. Masteps and SBPva,nts— Continued. Civil remedies for reco\eiy of wages and damages, preserved 430 Olerk, miscondiict of . , . 429 Contracts or hire of personal service subject to Ordinance 429 if for more than one year, to be in writing signed by parties . 429 made outside the Territories, Ordinance applies to 430 ■ Limitation of time for proceedings 429 Master, non-payment of wages by 429 misconduct of 429 Penalty for misconduct of servant 429 Servant, misconduct of 429 Wages, non-payment of 429 recovery of, limitation of time for 429 civil remedies for, preserved 430 Mechanics' and Literapy Institutes. Audit of financial statement prior to annual meeting 531 Election of officers 529 Funds of institute, application of 531 Institute, organisation of 529 to be a corporation 531 powers of 531 Meetings, annual 530 officers' report at 530 record to be kept, and certified copy sent to Territorial secretary ... 531 financial statenjent to be presented at 531 record of to be kept and certified copy sent to Territorial sec- retary 531 of officers, how called 530 Member, who may become a 529 annual subscription payable by 629 Objects of institutes 530 Officers, and election of 529 annual report of 530 information to be given to Territorial secretary by 531 Organization of institvites, mode of 529 Power of institute to acquire lands, etc 531 Report by officers, annual 530 Short title 529 Voters at election of officers, qualification of 529 at meetings, qualification of 530 Mechanics' Liens. Actions to enforce liens, time for 480, 481 judicial district in which to be brought 481 lien liolders may join in 481 enuring for class 481 death of plaintiff or refusal to proceed 481 Agreements as to lien not to affect third party 476 Arbitration of claim against lien holder 478 subcontractoi''s claim 479 Assignment of lien 482 Chattels, liens on 483 enforcing 483 application of proceeds 483 1058 1898 INDEX 107 The figures refer to the foot paging. Mechanics' Uens— Continued. Class of lien holders to raiik. pari passu 482 Costs of lien may be added to judgment 481 Death of lien holder 482 Discharge of lien 482 registration of 482 cost of 482 Execution against persons supplying material, exemptions 482 Forms in schedule declared sufficient for purposes 483 claim of lien 483 claim of lien for wages 484 several claimants 484 affidavit verifying claim 483 Interpretation, "contractor " 476 " sub-contractor " 476 "owner " 476 Lien holders, claims against, effect of 478 action or arbitration respecting 478 failure to pay, payment by owner 479 deemed purchasers pro tanio 480 Lien of mechanics and others doing work or supplying materials 476 for ten days after completion of work 478 Machinery, sale or removal of 481 Material affected by lien, not to be removed 479 Mortgage, prior, effect of lien on 477 Owner, liability of not to be increased by lien 478 entitled to retain ten per cent, of contract price 477 Payments by owner in good faith 477 Property on which lien attaches 477 where leasehold, consent of landlord to li6n on land 477 Registration of lien 479, 480 time for 480 setting aside 482 Removal of lien on terms 482 application for summarily 482 Sale of land charged with lien 481 Short title 476 Svxb-contractor, defined 476 lien of, limited 477 claim of, arbitration 479 Wages, lien for 477 where property belongs to wife of employer 477 priority of 478 uniting several claims of 480 Medical Profession. Appeal from committee of inquiry 451 registrar's decision respecting correction of voters' list. . . . 445 Central examining board, council may establish conjointly with othei' councils 449 College of Physicians and Siu'geons of the North-'SA'est Territories, in- corporation 443 council of, election of members 4J3 mode of 443, 444 condvict of, by registrar 443 time and place of holding 44.3 votes may be cast, for whom 444 67| 1059 108 INDEX C. 0. The figures refer to the foot paging. Medical 'Ppofession—Contimted College, council of, cU'ction of, votes for ineligible persons void 444 for more than 5 persons, first 5 only counted 444 count of 444 voters may attend 444 eciuality of 444 scrutineers 444 members elected 444 votei's' list, preparation of by registrar. . . 445 objections to 445 correction of by registrar .... 445 appeal to judge from 445 proceedings in 445 to be conclusive 445 regulations for may be made by council. . 445 election papers to be preserved 445 petition against return of member, filing and service of 445 doubted or disputed election, inquiry by committee 445 new election, council may order 445 fees and expenses of members of 446 members of, qualification 443 ineligible for election unless qualified to vote 444 number of 443 term for which elected 444 meetings of, rules and regulations for, council may make 446 absence of, summoning meetings . . 446 absence of president from meetings . 446 voting 446 quorum 446 president has casting vote 446 officers of 446 appointed annually by council 446 hold office during pleasure 446 salaries and fees of, council to fix 446 powers of, to make general rules and regulations . . 448 regulations respecting register and examinations 44S vacancies in, how supplied 446 voters for, qualification 443 must have paid fees 444 Committee of inquiry, dimbted or disputed election, in ease of 445 misconduct of registered practitioner, respecting 450, Complaint against registered practitionei' See Misconduct. Examinations, regulations respecting may be made by council 448 Examiners, board of, fees of, coxmcil to fix . 446 Examining board, central council may establish conjointly with other councils 449 Executive committee, appointment of by council 446 powei's of 446 lOGO 1898 TXDEX 109 The figures refei' to the foot paging. Medical Ppofession~C'o»nH»f(f. Fees. ai\nual membership . 4 18 non-resident members, clue by ,. 448 non-payment of, renders member ineligible to vote or to be elected 448 debt to college 448 recovery of 448 members of council, to 446 officers and board of examiners, to 446 registry on register after erasure, on 450 registration, on 448 Homoeopathic physicians, registration of 448 Inquiry as to misconduct of registered practitioner See Misconduct. Interpretation " Legally qualified medical practitioner " 452 " Duly qualified medical practitioner " 452 Misconduct of registered medical practitioner 449 erasure of name from register 449 inquiry respecting 449 costs of 449 committee of 450 legal assistance 450 place inquiry to be held 450 report of 451 notice of 450 evidence at 450 subpoena may be procured 451 non-attendance of accused, inquiry conducted in absence 451 appeal to judge 451 procedure , 45) Offences and penalties 453-454 Penalty, disposition of 454 enforcement of payment of ... 453 false medical title, for assuming 45.3 implying registration, foi' assuming 453 pi'actising without i-egistration, for 453 Prosecutions 453 proof of registration, burden of on accused 454 limitation of time for commencing 454 stay of proceedings 4.54 Register '••• ^^"^ entries in ^4 1 erasure from 448, 449 appeal to judge 451 procedure 451 re-entry after erasure from 450,45) fee on . . 't'i" inspection, to be open to 447 keeping **'^ regulations respecting, council to rnake 448 Register, Xorth-^^'est Territories Medical . . publication of *52 form of +52 1061 110 INDEX C. 0. The figures I'efer to the foot paging. Medical Ppotession— Continued. Registered practitioners, rights of See Registration. Registrar, duties of 445, 447, 448, 452 returns by, if required 454 Registration effect of or of default in 451, 452, 453 evidence of 452, 453 fee for 448 forfeiture of See Register, erasure from powers of council as to, may be delegated to registrar 448 proof of, burden of to be upon accused 454 qualification, and proof necessary for 447 Returns by registrar if required 454 Rules and regulations register and examinations, respecting, council may make 448 general, council may make 448 Short title 443 Mepcantile Agents. Agents' authority and liability 392-393 Clerk of agent may bind agent 391 Common law powers of agents 393 Consent of owner, presiimption of 391 Consideration for sale or pledge, what may be 391 Disposition by seller remaining in possession 392 buyer obtaining possession 392 Exchange of goods or documents, rights acquired 391 Interpretation 390 " mercantile agent " ,390 possession of goods, when person deemed to be in 390 "goods " 390 "document of title " 390 "pledge" 390 "person " 390 Mercantile agents, disposition of goods by 390-391 Pledge of documents of title, effect 391 for antecedent debt of pledgor .... 391 in exchange for other goods or securities 391 Revocation of agency, -nithout notice, not to invalidate sale, etc . . , 391 Rights of consignee making advances on goods , ,391-392 Saving of rights of true owner 393 Short title 390 Transfer of documents, effect on vendor's lien or I'ight of stoppage /;; Iransiin 390 may be Ijy indorsement or delivei-.v 392 Mines, Coal, Reg'ulations reg'apding' Scf Coal Mines, Reg'ulations. Mining Companies. US OI.T See Companies, Mining. Minors, Use of Tobacco by Sale of tobacco to minors restricted gyg 1062 1898 INDEX 111 The figures refer to the foot paging, Moptgag'es and Sales of Personal Property. 3il7 See Bills of Sale. Moptgag'es, Interest on, Distress for Right of, limited to goods not exempt from seizure undei' execution . . 362 Notice to be given before sale 362 Municipalities. Absence of mayor or reeve, substitute 578 member of council, when to vacate seat '>78 Action, illegal bylaw, order, etc., by reason of 619 limitation of 619 municipality, against, remedy over in certain cases 622 negligence, for 623 notice of 619 parties liable 620 tender of amends 620, 623 Agriculture, abuses to, bylaws against 569 Agricultural societies, granting aid for 569 Alleys and byways 569 See Highways. Amends 620, 623 See Tender of amends. Amusement, places of, regulating and licensing 571 regulating structure and entrances oH) Animals, cruelty to 568 driving on sidewalks 570 running at large, restraining 576 Appointment of officers, not to be by tender 668 See Officers of municipality. Arbitration See Expropriation. appeal from award 618 powers of court on 618 appointment of arbitrators 616-617 notice of 616 omission to make 617 umpire 617 award, time for 617 majority to make 618 to be in writing and signed 618 appeal from '. 618 copy to be fiuiiished parties 618 completion of award, time for 617 costs of arbitration 618 disputes, certain, may be settled by 616 evidence to be on oath 618 notes of, to be taken . . 618 to be retained 618 production of, in appeal 618 expropriation of lands, on 615 See Expropriation. fees of arbitrators 618 municipal officer not to be arbitrator 617 oath of arbitrator 617 1063 112 INDEX CO. The figures refer to the foot paging. Municipalities— Contmued. Arbitration, time for meeting of iubitvators 617 award 617 Arboriculture, encouraging .569 As.sessment and taxation action for taxes 591 affidavit of assessor 584 appeal 585 See Court of revision. from Court of Revision 587 arrears of taxes, action for 591 carried forward yearly, to be 593 certificate as to 594 charge on land, form a 593 considered one svim . . .393 distress for 590 interest on 593 property in, may be subdivided in tax books 593 sale of lands for 598 See Sale of lands for taxes. assessment committee, appointment and duties 583 as.sessment roll, affidavit of assessor on 584 alteration not permitted except by court of revision 586 date for completion of 584 omissions from, supplying 586 revised 548 binding effect of 587 revision of 58.5 See Court of revision. as.sessment, appeal from 58."i See Court of revision. I Town lands o81 farm lands 583 gardens 583 land values ' . . 584 nursery .... 583 notice of 583 partnership 583 railway property. . . 581, 630 stock in trade 584 triennial, in rural municipalities, may be 584 vacant ground , , . 583 ,i.-.,se.ssor. appointment of officials generally 569 assessable person to give information to ,i83 duties of . .583. .584 neglect of duty by ... . 6-21 oath of 584 books to be provided and kept ... .592 lompromising ttixe.s . . ,i73 crown lands, as,ses.si]K'nt of ,"iS] ilel)™tui-e rate, duty of seci-etary treasurer regai'ding 594 distress for taxes .590 execution i-ate .... ... 614 exemptions 5g2 exemption from taxation, bylaws for . , o7'2 voting on 607 10(]4 1898 INDEX 113 The figures refer to the foot paging. Municipalities— CoHHnued. Assessment and taxation, exemption from taxation, general exemptions 582 income, amount assessable 581 bylaw to assess 581 demand of tax from employer 591 exemptions 582 land assessment (single tax) 589 notice of assessment 583 transmission of 583 evidence of 583 taxation 590 transmission of 590 evidence of 590 poll tax 594 rates, amount limited 590 bylaw authorising 590 equally levied, to be 581 execution 614 exemptions 582 single tax 589 rebate in taxes 572 receipt book 592 revenue, raising by 568 rural municipalities triennial assessment 584 yearly revision of roll 584 sale of land for taxes 598 See Sale of land for taxes, school taxes collection of 595 deficiency, how supplied 595 demand by trustees for 595 surplus, disposal of .595 single tax system adoption of ... . 589 optional 589 permanent, when 589 rate limited . . 589 recission of 589 special rate 610 See Local improvements, surplus to go to general fund 595 statute labour 596 See Statute Labour. taxes action for 591 evidence in 592 apportionment among different rates 594 ari'ears of 593 cei'tificate of ... . 594 collection of . .i90. 591 compromising ... oTS date when due 590 distress for 590 interest on 593 payment of, before voting 552 less than one year not to be received 593 part of property for . . . , 593 1065 114 INDEX C. 0. The figures refer to the foot paging. Municipalities— Coiiiinued. Assessment and taxation, taxes, rebate for prompt payment 'irl return by secretary treasurer shewing amount collected and in arrear 592 verification of 592 tax register 592 tax roll, preparation of 590 triennial assessment, rural municipalities, in 584 revision yearly 584 Assessor See Assessment and Taxation. Auditors and audit 579 appointment of officials generally 569 duties of auditor : 579 neglect of duty by 621 oath of auditor 620 quarterly audit 580 report of audit 580 school board, auditor of municipality to he auditor for 698 special audit may be ordered 580 Bagatelle tables, regulating and licensing 571 Banking municipal funds 579 Bicycles on sidewalks 570 Billiard tables, regulating and licensing 571 Bill posting, bylaws against 571 licensing and regulating 574 Board of health, appointment of 569 Bonuses, bylaws for 572 to manufactories, etc 572 for flre walls 576 railway aid 572,576 Borrowing money till taxes collected 568 on debenture 605,606 Bowling alleys, licensing and regulating 571 Bread, regulating assize of 572 use of deleterious materials in 572 Bribery 561 See Corrupt practices. Bridges 567 See Highways. jurisdiction over 567 controlling and licensing 567 tolls on 567 expropriation of land for 569 construction and repair, bylaws for 569 riding or driving on, pace of 571 Building inspectors, appointn\ent of 57.i Buildings, pulling down and rasing at fires . . 572 and fences, regulating erection 572 improper, removing 572 dangerous, removing .")7,i closing to use of public . 575 public, regulation of .')70 Bviildings, numicipal, erection of 569 expropriation of lands for 569 exhibitions, parks, etc., for 576 Burial within municipality .574 Business industries, licensing 571 1066 1898 INDEX 116 The figures refer to the foot paging. Municipalities— Continued . Business industries, licensing, bonusing 572 Butcher shops and stalls, licensing and regulating 571 Bylaws, alteration, amendment and repeal .568 creating debts, granting bonuses and exemption from taxation, assent of ratepayers required 605 See Creating debts. enforcement at cost of person in default 577 proceedings for . , , s evidence of .^77 general powers of council .568-576 illegal, actions by reason of 619 liquor license, regarding 831 passage of .577 penalties for breach of 622 proving ,577 quashing, applications for 577,618 time for 619 readings 577 repeal of 568 sealing and signature 577 voting on 607 Caravans, licensing and regulating 571 Carriers, common, licensing and regulating 571 Cemeteries, application of Tke Cemetery Ordinance 567 prevention of burial within municipality 574 Census. 1 )y laws for taking 569 Children on streets at nightfall, preventing 573 Chimneys, regulating construction 572 enforcing cleaning 572 I'emoving improper 672 Churches, exemption from taxation 582 regulating buildings 570 Circuses, licensing and regulating 571 Cisterns, public 570 Closing of shops and stores, hours for 576 Coal, compelling weighing on municipal scales 569 mines, expropriation of, where property injuriously affected by . . 569 Collector's roll 590 See Assessment and taxation. Collegiate institutes, exemption from taxation 582 Combustibles, regulations regarding 57] Commercial travellers, licensing 571 Companies, stock or shares may be taken in 572 Compensation for property taken 615 Compromising taxes . , , TuZ Constables, appointment of .. 569 oath of 620 before whom to be taken ... 621 neglect of duty 621 Contagious diseases, by laws regariling ... 0(59 ( 'ontract, breaches of, in market .569 Controverted elections, costs in ca.se of disclaimer 566 generally 566 tariffs 566 deputy returning officer may be party 563 disclaimer of seat . . 565,566 1067 116 INDEX CO. The figures rpfer to the foot paging. Municipalltles-ConK«.«ed. Controverted elections, disclaimer of seat, cust.s .566 forms to be prescribed .566 inquiry, scope of .564 issue of writ 56.3 judge, powers of 564 judgment, one, on several writs 563 declaring seat vacant, action 565 final 566 to be record 566 enforcement of 566 proceedings, institution of 56.3 against tw^o or more 563 relator, who may be 565 claiming seat 563 returning officer may be party 563 return of writ, time and place of 563 rules of court 566 service of writ 563 sheriff, duties and powers in 565 trial in chambers 565 writ, issue of 563 several, one judgment 563 time and place of return of 563 Corporate powers 549 Corrupt practices 561 bylaw procured by, quashing 619 candidate guilty of, disqualification 564 judge to report persons found guilty of 564 lawful expenses, what are 562 limitation of time for proceedings 565 list of persons guilty of, to be kept 564 penalty for 564 I'ecovery of .564 voter disqualified 564 witnesses on hearing of charges .... 564 compelling attendance of 564 fees of 564 Council, liylaw.s, passage and execution of 577 general powers of passing . 568-576 repeal of 568 committees, appointment of 568 equality of votes, question negatived ... .578 existing, continued .... .549 holds office till successor.s elected 567 mayor or I'eeve may vote . . ... .578 meaning of term o47 meetings of,, first meeting ... 567 calling, regulations for . 56s special, calling .... 57s menibei'h ... 549 interested not to vote .550 oaths of office and qvialification . 620 procedure in 568 qualification for 549 oath of . . .J 620 1068 1898 INDEX 117 The figures refer to the foot paging. Munleipallties— ComJimMed. Council, quorum 567 readings of bylaws 577 regulation of procedure 568 remuneration of members 568 vacancies, filling 578 by non-attendance ... 578 by resignation 578 Councillor, disclaimer of office 565,566 disqualification for election by corrupt practices 564 diverting moneys from proper account. 594 holds office till successor elected 567 interested in question, not to vote 650 magistrate, being, may try charges 622 oath of office and qualification 620 qualifications 549 remuneration of 568 resignation 578 term of office 553,559 vacating seat by non-attendance 578 vacancies, filling 578 Court houses, exemption from taxation 582 Court of revision Appeals to, from assessment adjournment of 585 appearance in person or by agent 587 clerk of 583 complaints to be tried 585 completion of duties by certain date 585 constitution of 585 evidence before 585 hearing and determination of complaints 587 list of appeals to be published 586 given assessor 586 local assessment, from 611 notice of appeal 585 date of hearing to be given parties 587 omissions in assessment roll 586 remedying 586 parties failing to appear 587 quorum 585 revised roll, effect of 587 what is 648 witnesses, compelling attendance 585 conduct money 585 Appeal from, to judge amendment of roll on ■ 588 clerk of the court 588 costs 589 date of hearing to be fixed 585 determination of appeals limited 588 decision final, exception 589 intituling process 588 list of appeals for judge 587 notice of appeal 587 hearing .J88 powers of judge ... 588 1069 118 INDEX C. 0. The flgui'es refer to the foot paging. Municipalities— Cojiimued. Court of revision, roll, etc., to be proiluced 388 Applications regarding voters' list hearing of 551 list of 551 notice of 551 time for 551 of hearing to be given . 551 powers of court 552 Creating debts, purposes of expenditure 605 limit of amount 605 bylaw requires two-thirds vote of ratepayers 605 bonus and guarantee bylaws, petition for 605 period for which debt contracted 606 extension of time for existing debentures 606 contents of bylaw for 606 debenture, date of 608 form of 606 assent of Lieutenant Governor to bylaw reqviired .... 609 voting on bylaw for 607-609 Crossings, repair of 567 Crown lands, assessment 581 exemptions from taxation 582 sale of, for taxes 602 Cruelty to animals, bylaws for prevention of 568 Culverts, repair of 567 Curfew bell, bylaws for 573 Curling rinks, licensing 571 Damages, suits against municipality for, by reason of illegal bylaw, etc 619 negligence 623 excavations, etc. 622 remedy over 622 See Expropriation. Dangerous materials, compelling removal of 57O regulation of keeping, etc 57I Dangerous buildings or erections, removal of 575 Debentures duty of secretary treasurer as to moneys levied for 594 council as to moneys levied for 594 See Creating debts. Defacement of property, bylaws against 571 .sign boards, etc., bylaws against 574 Defaulters' list 552 See Elections. Dogs, killing, when at large 572 tax on owners or harbourers 572 Disclaimer of seat in council 565, 566 Diseases, contagious or infectious ,5(39 Disqualification, for election to council 550 from voting for non-payment of taxe.s 592 by corrupt practices 504 diverting moneys from account tor which levied . . 594 Distilleries, bylaws regarding 570 Distress for taxt's, costs chargeable on ... 590 lt-\'y of 591 sale of distiess 59] surplus, arbitration as to disposal uf 591 1070 1898 INDEX 119 The figures refer to the foot paging. WlunioipaUtles— Continued. Distress for taxes, time for, limited 591 Drainage, term defined 548 bylaws regarding 570, 575 Draymen, licensing and regulating 571 Drink, inspection of 575 regulating sale of 575 Driving, regulation of pace of on bridges 571 Early closing 576 Elections, agents of candidate 554 annual 552 ballot, form of 625 destruction of after election 560 inspection of 560 spoiled 577 rejected 558 objected 558 ballot boxes, papers, etc., disposition after election 560 inspection of, order for 560 bribery 561 See Corrupt practices. candidates, qualification of 549, 550 withdrawal of 554 certificate of result to be given candidate 559 compartments for voters 555 constable at polls 555 controverted elections 563 See Controverted elections. corrupt practices 561 declaration of election 559 defaulters' list 552 copy to be supplied deputy returning officer . . 555 deputy returning officer, appointment of 552 absence of 555 duties at poll 556-559 oaths of 552,559 directions to voters 555 disclaimer 565, 566 disqualification See Disqualification. electors See Elector. expenses 560 of candidate, what are lawful 562 final count and declaration 559 interference with 621 nomination meeting 553 notice of 553 proceedings at 553 consent rec|uired 553 oaths, deputy returning officer 552, 559 election officers and agents 552 voters 554 offences and penalties 621 penalties 621 for corrupt iJi'acticeH 564 voting twice... ''54 107! 120 INDEX CO. The figures refer to the foot paging. Municipalities— CojiMnwerf. Elections, place of holding 552 poll to be declared, when 553 opening of, proceedings at ... . 555 conduct of 556 close of, proceedings at 558 polling, notice of 554 poll book, oath to be annexed to 559 inspection of 559 poll clerk, appointment of 555 powers of 555 oath of 552 polling places 552 returning officer, appointment 552 ballots, etc., duty as to 555 easting vote 559 deputy, may act as . , 560 final count by 559 oath of 559 secretary treasurer ex officio 560 vote of 559 school trustees, of, in towns 560-561 secrecy of voting 555, 621 secretary treasurer to be returning officer 560 prepare voters' list 550 prepare list of applications for amend- ment of voters' list 551 prepare defaulters' list 5.52 supply voters' lists to deputy returning officers 555 keep ballot boxes after election 560 destroy ballots after three months .... 560 time of holding 552 vacancy, in case of 578 voters, list of 5.50 See Voters' list. in default of payment of taxes 552 qualification of 552 voting, evidence of having voted 554 more than once, penalty 554 Elector, qualification 552 term defined 547 disqualification for bribery 564 non-jaayment of taxes 552 Electric light and power plant, erection or operation by municipality . . 574 shares in, municipality holding 574 Elevators, building, owning, etc., liy municipality 572 Employment offices or agents, licensing and regulating 571 Estimates 589 See Finances. Evidence, bylaws of 577 delivery of assessinent notice 583 delivery of tax notice 59O taxes, in action for 591 voting, that voter has voted . , 554 Executions against nmnicipalities ' 614 adilition of rate to tax roll. . .... 614 1072 1«98 INDEX 121 The figures refer to the foot paging. Municipalities— ConMmMcd, Executions, direction to sheriff 614 levy of rate for 614 officers of municipality to be officers of court for 615 rate, striking 614 to be added to tax roll 614 service of writ and demand '. 614 sheriff's precept 614 surplus, disposition of 614 tax roll, rate to be added to 614 Exemptions from taxation 582 bylaws granting 572 general 582 Exhibitions acquiring land, buildings, etc., for 576 licensing and regulating, bylaws for 571 management of 576 Existing municipalities continued 549 Expropriation of land arbitration of amount do be paid 615 See Arbitration. bridges, for 569 buildings, municipal, for 569 coal mines endangering property 569 compensation to be made 569 costs where tender made 616 guardians, trustees, etc., may act for those they re- present 615 highways, for 569 municipal buildings, markets, etc., for 569 owners unknown, appointment of representative 615 persons under disability, appointment of representa- tive 615 sums awarded, to be subject to same charges as land . 616 retention of, pending valid acquittance 615 tender, municipality m£iy make 010 Existing municipalities continued 549 Peed stables, licensing and regulating 571 Fences, regulating erection of 572 Perries, controlling and licensing 567 tolls on 567 Finances, municipal accounts, separate, to be kept 594 apportionment of taxes collected 594 auditors and audit 579 publication of report 580 banking of moneys 579 council diverting from proper accounts 594 estimates to be made 589 mayor or reeve to report on 578 moneys diverted from proper account 594 secretary treasurer, duties regarding 579 sinking fund 594 investment of 573 duties of secretary treasurer regarding 594 68 1073 122 INDEX C. 0. The figures refer to the foot paging. Muniolpalltles— Continued. Fines 621, 622 See Penalties. Fire arms, prohibiting discharge of 573 Fires and fire protection, apparatus, purchasing or renting 570, 672 compelling assistance at flres 572 engines and equipment, purchase of 572 flre department and officers 572 flre districts 572 general powers regarding 573 pulling down buildings at flres 572 water supply, contracts for 570 Fire walls, building and bonusing 576 Food and drink, inspection of 575 regulating sale of 575 Form A. — Notice of nomination meeting 623 B.— Notice of polling 623 C— Ballot 625 D. — Directions for voting 626 E.— Voters' list 627 F.- -Assessment roll 628 G. — Transfer on sale of land for taxes 629 Gaols and lockups, erection of 569 exemption from taxation 582 Gardens and walks, public, acquiring land for 576 care of 576 erection of buildings and fences 576 management of 576 Gas and water pipes, bylaws authorising laying 570 Gas works, bylaws regarding _ 570 erection or operation 574 shareholding by municipality 574 Government and good order, bylaws regarding 573 Grain, exempt from taxation 582 Grist mills, bonusing 572 building, operating, etc., by municipality . 572 Guaranteeing debentiues of companies, bylaws for 605 Guides, licensing and regulating 571 Gunpowder, regulations regarding 571 Hackmen, licensing and regulating 571 Halls, municipal erection of otjii expropriation for 569 public licensing and regulating ... 571 structure and entrances, regulating 57O Hawkers, licensing and regulating 571 Health See Public Health. board of 569 by laws regarding 569 nuisances, removal of 57O officers, appointment 178 569 scavengers 569 Highways, between or adjacent to municipalities 567 construction and repair 569 1074 1898 INDEX 123 The figures refer to the foot paging. Municipalities— Continued. Highways, defined 548 expropriation for 569 incumbering 570 jurisdiction over 567 obstructions or projections, removal 374 sidewallis, etc., construction and repair of 567,570 Hiring teams, etc., at elections or bylaw vote 562 Homesteads, assessment of vmpatented 581 Hospitals, erection, regulation and aid of 573 Householder, defined 547 Household effects, eitemption from taxation 582 Houses of ill-fame, penalty for breach of bylaw regarding 622 Ill-fame, houses of, penalty for breach of bylaw 622 Income, assessment of 581 exemptions as to 582 See Assessment and taxation. Income tax, amount assessable 581 assessment of 581 demand of tax from employer '. . . . . 595 exemptions 582 Indemnity of councillors 568 Indians, Indian department, exemptions from taxation 582 Industrial farms, acquiring land for 576 erection of buildings, etc 576 management of 576 Infectious diseases, bylaws regarding 569 Insurance companies, licensing, officers and agents 571 Inspectors of streets and buildings, appointment 575 Intelligence offices, licensing and regulating 571 Interpretation 547,548 Intimidation at elections 562 Irrigation worths, exemption from taxation 582 Judge, term defined 548 report by, of persons guilty of corrupt practices 564 See Court of revision. Junk stores, licensing and regulating 574 Justice of the peace, councillor being 622 Land, meaning of term 547 • See Expropriation. Libraries, public, exempt from taxation 582 Licenses, occupations and callings, various , 571-574 fixing and collecting fees and penalties does not exempt from ordinary assessment 577 regulating amount and collection of prices and fees charge- able by licensees 577 protection of licensees 577 liquor licenses, bylaws regarding 831 Light, electric, municipality- may operate 574 contracts for corporation purposes 575 Limitation of time for prosecutions for corrupt practices 565 actions for damages by non-repair 567 application to quash bylaw 019 distress for taxes 591 Livery, feed and sale wtables. licensing and regulating 571 Loans, tiU taxes collected 568 68^ 1075 124 INDEX G. 0. The figures refer to the foot paging. Municipalities— Conimueti. Loans, on debenture : 605-609 See Creating debt. Local assessment, petition for improvement and assessment 605 appeal from assessment 61 1 result to vary other assessments proportion- ately 612 assent of electors, when required 613 bylaws for 610 contents of 612 council, succeeding, may complete work 611 " local improvement," meaning of 610 notice to owners 611 petition for 61 1 special frontage assessment .... 610 Lockups, erection of 569 Locomotives 575 See Railways. Lot, meaning of term 548 Manufactories bonusing 572 building, operating or shareholding 572 regulating 570 Markets breaches of contract in 569 erection of 569 establishment of 569 regulations 569 scales, municipal, establishment 569 selling on streets, bylaws regarding , 569 weights and measures in 569 Mayor absence of, appointment of substitute 578 duties of 578 oaths of office and qualification 620 meaning of term .547 term of office 553-559 vote in council .578 Meetings of council • first meeting 567 regulations may be made as to calling 568 special 578 of ratepayers, annual 578 Menageries, licensing and regulating 571 Milkdealers or carriers, licensing and regulating 57I Mills bonusing 572 building, operating, etc 579 Municipal buildings erection of 569 expropriation of land for 569 Municipality, actions against See Actions, by laws of : . . . . See Bylaws, 1076 1898 INDEX 125 The figures refer to the foot paging. Municipalities— CodfijHjfd. MTinicipality, council of See Council. general rights and obligations 549 meaning of term 547 officers of See Officers. property of, exempt from taxation 582 rural 549 town 549 Neglect of duty by officers 621 Nomination 553 See Elections. Non-resident, resident defined 548 Notice of action by reason of illegal bylaw 619 tender of amends 620 Notices, bylaws against pulling down or defacing 574 Noxious weeds, compelling destruction of 573 Nuisances, compelling removal 570 Nuisance ground, purchase of 573 Oaths, office, of 620 before whom taken 621 persons present at polling places, of 552 qualification, of 620 voter's 554,608 Occupant, meaning of term ^ 547 Offences and penalties See Penalties. Officers of municipalities, appointment not to be by tender 568 bylaws for appointment of 569 duration of office 568 duties to be defined by council 568-569 liabilities of 568 neglect of duty by 621 security from 568 Omnibus drivers, licensing and regulating 571 Opera houses, licensing and regulating 571 Owner, meaning of term 547 Parks, bylaws regarding 576 acquiring land for 576 care of 576 erection of buildings and fences 576 management of 576 Partnership property, assessment 583 Pawnshops, licensing and regulating 574 Pedlers, licensing and regulating 571 Penalties, ballot, offences against 621 bribery at elections 564 enforcement of 8 infringement of bylaw regulating shows, etc .571 interference with voter 621 neglect of duty by officers of municipality 621 powers of municipality to inflict 622 proceedings for offences 8 property of nnmicipality 622 secretary treasurer failing to provide ballot box 621 voting twice 554 1077 126 INDEX C. 0. The figui'es refer to the foot paging. Municipalities— Comimwed. Personal estate, meaning of term 547 Personal property, meaning of term o47 exemptions from taxation 582 Places of amusement, licensing and regulating 571 regulating structure and entrances 570 Policemen and patrols, appointment of o60 Poll See Elections. Poll tax, persons liable for 594 amount of tax 594 appointment of collector -595 demand for payment 595 levy by distress 595 demand of from employers -595 Pollution of water, bylaws regarding 574 Pool tables, licensing and regulating 571 Poor, relief of, bylaws for 569 Porters, licensing and regulating 571 Posting notices, etc., bylaws against 571 Pounds, provision of 576 Poundkeepers, appointment of 576 Privy vaults, bylaws regarding 570 Property, protection of, bylaws for 573 Proprietor, meaning of term 547 Public buildings, closing to public when dangerous 575 inspection of 575 municipal, erection of 569 expropriation of land for 569 regulation of structure and entrances 570 Public places, gas and water pipes under, bylaws for 570 incumbering of 570 obstructions or projections, removal of .574 Qualifications See Disqualification. councillor .549 mayor 549 oath of property qualification 620 before whom taken 621 voter 552 Quashing bylaws, orders or resolutions action by reason of illegal bylaw, limitation of 619 notice of 619 parties to 620 tender of amends 620 costs .... 620 corrupt practices, passage procured by 619-620 costs Q19 procedure on application 618 pi'oceedings on bylaws stayed, when 6i9 time for application 6ig Quoruin of council 5g'j Quo warranto 5g3 See Controverted elections. Railways, aid to 572, 576 107S 1S98 INDEX 127 The figures refer to the foot paging. MunieipaUties— Con98, 701 debenture, bv , . 7S3 70 1105 154 INDEX C. 0. The figures refer to the foot paging. Schools— ContimMfd. Meetings of ratepayers, chairman of Council of Pubhc Instruction may authorize where omitted 685 First school meeting : chairman 687 his duties and powers 687,688 vote of 687 to decide questions of order 687 appeal tvovci ruling of 687 decision of questions generally 688 notice calling 687 publication of 687 time and manner of 687 proof of 687 organisation of .... 687 minutes to be sent depaitii;ent 689 poll to be held as to erection of district and choice of ti'ustees 688 chairman to be returning officer 688 opening of poll 688 oath or afflrmaticn of voter 688 nominations for trustees, time for 688 resident ratepayers, only, vote at 687 secretary 687 to record votes . . 688 ti ustees, election of See Poll, supra. voting at 687-688 equality of votes, question negatived 687 Annual meeting calling, time and mode of 691 chairman of board to be chairman of 691 absence of 691 order of business at 693 procedure to be same as prescribed for first school meeting . . . 693 reports, etc., to be read at 692 publication of, in town districts 696 secretary of board to be secretary of 691 town districts, in 696 election of trustees in 696-698 See Town school district. voters at, objections to, oath may be put 693 form of 693 voting by ballot, procedure to obtain 694 postponement of for one week, procedure to obtain . . 693 Deferred school meetings prescribed meetings not held, others may be called 691 time and mode of calling 691 their powei's and duties 691 Special meetings how called 740 public notice of 740 to fill vacancies 701 to be called by trustees unless other provi.^ion 740 1106 1898 INDEX 15o The flgiirea lefer tu the foot paging, Seliools— Continued. Meetings of ratepayers — Special meetings — Continued. chairman of Couneil of Public Instruction may require 700 ratepayers may require 700 Meetings of trustees See Trustees. Minutes of meetings to be sent department 689, 698 recorded 691, 700, 703 secretary to keep 703 Misappropriation of funds by trustees 703 other officers 70S Municipalities See Town school district, Municipal Ordinance, provisions of, respecting ballot at elections, adop- tion of, when 694 Name of school district 688 alteration of 696 notice of 696 not to affect rights and obligations 696 Neglect of duty by officers of district ' 705 Night schools 710 establishment 684 fees 710 Non-resident may be assessed to obtain school privileges 686 children of one district may be educated in another under arrangement 739 Normal schools 684 North-West Territories Act, rights of ratepayers under s. 14 not to be prejudiced by alteration of districts 694 See Separate school districts. Notice of trustee meetings, time and manner of giving 702 how waived 702 public meetings 740 Oaths, qualification of voter at first school meeting 688 qualification of voter at annual meeting 693 election of town trustees 697 on debenture bylaw 734 who may take 740 Officers under School Ordinance appointment, salaries and duties 684 of district, neglect of duty by 705 detaining school property 705 Order of business at annual meeting prescribed 693 procedure same as at first meeting 693 Overseer of village may inspect assessment roll 719 Parents required to have children educated 740-742 Penalties, application of 706 company giving fraudulent notice regarding assessment 715 compulsory education 741, 742 detaining school property 705 neglect of duty by officers 705 refusal to give assessor information 719 returning officer, misconduct \>y 705 unauthorised expenditure by trustees, recovery of 706 "Personal estate," -'personal property " defined 716 Plav grounds, borrowing money for 733 70.^ 1107 156 INDEX CO. The figures refer to the foot paging, SoYiools—Contimied. Poll as to erection of district 688 for election of first trustees 688 trustees annually 693 may be by ballot, when 694 postponed one week, when 693 at annual meeting 693 in town districts 696-698 See Town school district. Population required for school district 686 Prince Albert, special provisions regarding 683 Principal of school 706 duties of 706 Privies to be provided 701 Programmes of study. Council of Public Instruction to prescribe 685 Promotions to be made 707 " Property " defined 716 Public Instruction, Coiuicil of See Council of Public Instruction. Public notices may be written or printed 740 manner and time of for calling meetings 740 Public schools 684 education of children of adjacent district 739 Pupils, objectionable, may be suspended or expelled 700 from adjacent districts, education of 739 Qualification, oath or affirmation of voter at first school meeting 688 annual school meeting ... 693 of voter in town districts 697 " ratepayer," " I'esident ratepayer " defined 683 trustee, of 689,694 voter on debenture byla^v 734 Quorum of trustees 702 Ratepayer defined 683 Ratepayers may inspect accounts 700 require special meetings 700 See Meetings of ratepayers. Rates See Assessment and taxation. " Real estate," " real property " defined '. 716 Rebate in taxes for prompt payment 724 Recess 708 See School hours. Records to be kept by trustees 700 school records and register, secretary to examine 703 teacher to keep register 707 Register See Records. Religious instruction, provisions regarding 709 Reports and returns, trustee.^ to see that reports transmitted as pre- scribed 700 secretary to forward 703 treasurer to forward 705 teacher to assist in making 707 for payment of grants 705,706 " Resident ratepayer " defined 683 Resignation of trustee, consent of colleagues required 7OI tfikew effect on election of successor 7OI nos 1S98 INDEX 157 The figures refer to the foot paging. Seiioola— Continued. Returning oflficer, chairman to act as, when 702 detaining school property 706 misconduct of 705 neglect of duty by 705 trustees to appoint 700 Sale of land for taxes 726 action questioning sale, plaintiff to notify treasurer 733 adjournment in case no bidders 728 advertisement of 727 to contain notification of sale 727 description of land for regis- tration purposes 727 auction, to be by 728 certificate to be given purchaser, contents 729 to be dated as of day ad- vertised for sale 729 costs of sale 727 to be added to arrears 728 Crown, title in, effect of transfer 731 date of sale, time for, after advertisement 728 advertised to be taken as day of sale 729 gazette, notice in, form of 727 invalid sale, liability of trustees limited 733 lands liable to sale 726 all to be included 727 omission of 727 list of lands to be made in duplicate 726 authentication of 726 for secretary 726 lands not included in, not to be sold 727 publication of 727 all lands saleable to be included 727 omissions from, not to invalidate sale 727 sold, to be kept 729 no bids, land to be purchased by district 728 omissions from list not to prevent future sale 727 place of sale, by whom fixed 728 purchase money, payment of, times for 728 purchaser, default in payment by, lands to be offered again 728 of balance at end of year 728 rights of 729 cease on redenaption 729 redemption, by whom 729 time for • 729 amount required to redeem 729 receipt for payment 729 evidence of redemption 729 by person not specially authorised 730 treasurer's receipt in such case 730 purchaser to be notified of 730 statement of lands'sold, etc., to be kept for inspection 729 inspection of, fee 729 tax sales fund account to be kept of moneys remaining from sales after payment of taxes 731 1109 158 INDEX C. 0. The figures refer to the foot paging. SeYiools— Continued- Sale of land for taxes, tax sales fund — Continued.. actions questioning sales, plaintiff to notify treasui'er. 733 moneys to be held subject to order of court 733 disposition by court regulat- ed 733 costs of defendant in action 733 claimant estojoped from (lis]5utini< validity of tax sale. 732 claims against, persons entitled to make 731 notice of ; "31 order of judge to be produced before payment 731 contents of . . . . 732 petition for 732 contents and veri- fication of . . . 732 evidence to be adduced 732 notice of to board or bv advertisement 732 payment of fund into court, on 732 order in such case . 732 fees on application 732 costs of board, how paj-able 732 moneys unclaimed for six years forfeited 731 statement of to be furnished by treasurer, when 731 transfer to purchaser if not redeemed 730 treasurer's fee for 730 of lands sold to school board 730 foimof 730,754 contents and effect of 730 not invalid for error in amount of taxes due 730 exonerates land from liens, etc 730 valid notwithstanding defects in proceedings . . . 730 conclusive after one year, exceptions 730,731 trustees, sale to, if no bids 728 upset price 728 warrant of chairman to treasurer to sell 726 School board See Trustees. School districts, area of 686 prescribed may be varied 686 boundaries, alteration of, terms 694 commissioners to examine and conduct affairs of 685 disorganisation of 695 education in, of children from adjacent di.stiict 73fl existing, continued. . . . ... 739 formation of . 686 committee to procure 686 petition foi', content.s 686 verification of... 687. qualification of petitioners 687 liiiJetiii^ of ratepayers to consider. li.ST See Meetings of ratej'ayer.s. jrder of Lieutenant (roveruor in Council for (ii) . name ot . ... 686 alteration o\ 696 number of .... 686 1110 1 S9^ INDEX ] 59 The figures I'efer to the foot paging. Schools— Conii'nMCfl. School districts, population required 686 town 683 See Town school district. trustees a body corporate 698 union of 694 public and separate 695 School furnishings, borrowing money for 733 School house, borrowing money for 701, 733 trustees may contract for erection of 701 to repair, furnish, etc 699 School meetings See Meetings of ratepayers. Schools, classes of 684 conductcof 708 government and discipline, regulation by O.P.I 685 half yearly 740 privileges of non-residents 686 yearly 740 School site, borrowing money for 733 selection of location 699 town districts in 699 trustee may contract with board for sale of 699 School year, terms 708 Seal 698 effect of alteration of name of district 696 trustees to have corporate 698 procure 700 Secretary of trustees, appointment of 702,703 detaining school property 705 duties generally 703 minutes, copy to be sent by to department 698 neglect of duty by 705 notice by to department, of qualification and salary of teacher 703 report of school to be sent by to department 703 secretary treasurer, may be 704 teacher may be 703 trustee may be 703 Secretary-treasurer may be appointed 704 See Secretary, Treasurer. Secretary-treasurer of municipality, duties of, in election of trustees in town districts 697 where limits of municip- ality and school district are the same 560-S61 Security by treasurer 704 Separate schools, defined ... 684 Separate school districts • --■■■-■::■■■ ^ See School districts. assessment in . ■ 690 person.s a..sse.s:iablp in public not assessable for separate school .■ 691 provisions as to . . 713, 714 .See A.s.sessment and taxation. establishment of. ... 690 petition for 690 verification of 690 persons qualified to vote on 690 llli 160 INDEX C. 0. The figures refer to the foot paging. Schools— Continued. Separate school districts, iiotire of first meeting and subsequent pro- ceedings 691 rights and liabilities to be same as public district 691 supporters of, not to vote for pviblic school trustees in towns , . 697 Sheriff, duties and powers of on executions against school districts. . . 737-739 Short title 683 Single tax system 719 See Assessment and taxation. Slates and books to be provided for needy children 700 Stabling accommodation may he provided 700 Standard of studies, council to define 685 Taxes - See Assessment and taxation. person in arrear not entitled to vote oi- eligible as. trustee 694 trustees to levj- 700 interest on 726 Tax sales fund 731 See Sale of land for taxes. Teacher See Teachers. absent at teacher's institute, grant in case of 712 appointment of after erection of district 706 " assistant " 706 duties of, ho'n- prescribed 706 grants in case of 711 change of to be reported by trustees to department 699 contract, form of 699, 747 copy to be sent department 699 duties, generally 707 grants payable direct to, when 711 neglect of duty by 705 ■ ' principal " and " assistants " 706 duties of 706 property of school to be delivered up by 707 qualification and salary, department to be notified of 703 report of to be read at annual meeting 692 salai'y during holidays 708 sickness ~0i< payment of 708, 711 interest on 708 secretary, may be 703 treasurer, may not be ... 703 trustee may not be 689 trustees to engage 699 Teachers, training and certification. Council of Public Instruction tn regulate 68.^ suspension and cancellation of certificates 680 Teachers' institutes . . 1584 Council i)f Public Instruction to regidate nS4 organisation of . 74(1 teachers absent at. grant in case 71i> Tenants in common, assessment of . . 71,s in sepai-ate school districts 714 Terms, school, half-yearly . . 7OS1 'I'ext books, Covancil of Public Instruction to prescribe 685 To^vn .school district, annual meeting in ggg 1112 1898 INDEX 161 The figures refer to the toot paging. SGiiools—Continued. Town school district, assessment in . . . 713 See Assessment and taxation. defined 683 election of trustees 696, 697 where limits of town and dis- trict are the same 560 See Election of trustees, reports, annual, may be published in newspaper. . 696 special meeting of ratejiayei's in 696 trustees in, number of 698 term of office 698 Treasurer, accounts of, to be closed at end of each year 739 accovmts to be certified before payment by 702 action by, against trustees for misappropriations 706 appointment of 704 bond to be given by 704 form 704, 748 copy to be sent department 704 books, inspection of 706 collector, may be 724 detaining school property 705 duties of 704 execution against district, duties regarding 738 ■ grants not to be paid till bond received by department. . . . 704, 711 neglect of duty by 705 remuneration of 704 when trustee 704 reports of 705 security to be given by . . ^ 704 duration of 705 statement of, to be read at annvial meeting 692 contents of 692 teacher may not be 703 trustee may lie 704 See Assessment and taxation. Truancy, complaints to be laid before J.P 741, 742 exception in country schools 742 regulations to be approved by chairman C. P. 1 741 trustees to see law enforced 700 may appoint truant officer 741 Truant officer See Truancy. Trustees chairman 702 commissioner, appointment of, supersedes 685 consent necessary before re-election, when 701 contracting with or receivmg benefit from board 699 conviction of, vacates office 701 corporation, a 698 declaration of office 689 (•ertificate of making 689 detaining school property 705 duties of, generally 699 election of first 688 subsequent 693 See Election of trustees. first election of 688 1113 162 INDEX C. 0. The fignres refer to the foot paging. Schools— Con finMetf. Trustees, first, terms of office 688 meetings of 702 absence of chairman, provision 702 calling 702 chairman 702 See Chairman of trustees. election of officers, for 702 illegal unless properly called 702 notice to be given 702 how waived 702 quorum 702 special, secretary to call -. .-.-. ...... 703 votes at, chairman may vote 702 equality, motion negatived 702 meetings of ratepayers to be called by 700 names of to be furnished department 690 neglect of duty by 705 non-attendance at meetings, vacation of office by 701 non-residence, vacation of office by 701 number of 688 in town districts 698 qualification of 689,694 refusal to serve after elected, penalty 701 reports to be submitted by 692 resignation of 701 rights and obligations generally 698 secretary of 703 See Secretary. teacher, may not be 689 term of office 688 in town districts 698 treasurer 704 See Treasurer, unauthorised expenditure by 706 vacancies in board, filling 701 vacation of office by non-attendance at meetings or non-resi- dence 701 contracting with board, etc 699 resignation 701 Union of districts 694 separate and public districts 695 Ventilation of schools 707 Voter, oath of at first school meeting 688 annual meeting ' 693 debenture vote 734. resident ratepayer, defined . . 683 taxes must be paid by before voting 694 Voting ■See Elections of trustees, ballot, h\, proceedings for 694 del)ent\n'e. on ... 7,34 .See Debentures, postponement foi one week after nominations. . . . 693 Water closets . . 701 Water to be provided in schools . ... .... 700 Year, school - . yO,'^ certain schools to be open all year . 740 half year 74O 1114 1898 INDEX 163 The figures refer to the foot paging. Security to be given by PublJe Offlceps. Affidavit of witness 122, 127 of surety 122, 128 to he registered with security 122 Appointment, wlien voidable 123, 124 Bond, form of 121, 125 attestation 122 by whom to be given 121 solely or with sui'eties 121 irregvilarity in or in registration not to affect liability 122, 124 registration of, time for 122, 124 after time ... 124 indorsement on 128 certified copy, fee for 122 certified copy as evidence 122 loss of and how remedied 123 new, w^hen required . . 123, 124 appro%'al of by Lieutenant Governor in Council 121,124 executed by principal and sureties at different times, time for registration 124 of guarantee company 124, 125 Certified copy as evidence 122 fee for 122 Evidence of execution, etc., of bond, certified copy to be 122 Guarantee company, bond or policy acceptance of 124 interim receipt 125 Indorsement on bond 128 Principals and sureties, list of, Territorial secretary to keep. 122 failing to give security, appointment voidable 122 exception where surety lost 123 omitting to furnish new surety in place of surety dying, etc., appointment void- able 123, 124 Register of bonds to be kept 122 Security, who to furnish . . 121 time and manner of giving 121 by bond 121 failure to give 122 lost, new to be furnished 123 approval of, by Lieutenant Governor in Council 121, 124 of principal and sureties executed at different times, time for registration of 124 registration of, time for 122, 124 after time 124 certified copy as evidence 122 fee for 122 Sureties to justify 122 affidavit of • 122. 128 and principals, list of, Territorial secretary to keep 122 withdrawal of . . . ... - ... 12.S death, insolvency nr n4J Boundaries of, alteration 642 Debt, incurring 637 Disease, provisions as to 639 Dog tax 637 Establishment of 631 Fire, provisions as to 640 Hamlets, application of Ordinance to 642 Hawkers and pedlers 637 Interpretation 631 Meetings, annual 634 procedure at 634 special 635 Notices, publication of 634,635,642 Overseer, election of, proceedings on 631 bond by 632 term of office 633 removal from office 633 procedure where election or sufficiency of bond questioned 633 expenditure by 637 annual statement of 634 report 638 duties and powers of 638 remuneration of 641 penalties ajgainst 641 Poll tax 636 Real estate of village, how held 642 Regulations as to disease and fire 639,640 Revenue, how raised 635 Short title 631 Suits by or against 638 Taxation 635-637 Voter, qualification of 632 Vital Statistics. Administration of Ordinance 129 Appointment of registrar 129 termination of, forms, etc., to be handed to successor. . . . 130 Births, report of within a month to registrar, by whom 130 particulars to be furnished 130 illegitimate children , 1.30 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 130 Burials, to be reported to registrar by cemetery caretaker, etc.. within 7 days, failing production of certificate of registration 132 Clergyman, minister, etc., do report marriages 131 forms of report to be supplied to by registrai' upon application 131 officiating at burial, failing production of certificate of registration to report to registrar within a month 131 Cemeteries, caretakei'. etc., of, to report burial to -registrar within 7 days unless certificate of regi.stration produced 132 Certificate of registration of death, registrar to give ......,...,., 131 71J 112S 172 INDEX C. 0. The figures refer to the foot paging. Vital Statistics— Continued,. Certified extract from return, to be gi\-en by registrar before date re- turn, .should be transmitted 133 fee for 1.33 the minister after trans- mission of return , 133 fee for 133 coroner entitled to without fee 133 Coroner entitled to seaichef. and certified extracts free of charge 133 •' Department " defined 12P Deaths, who shall report to registrai' 13) particulars required 131 certificate of registration of, to be given by registrar 131 clergyman, etc., performing funeral service to report to regis- trar within one month, failing production of certificate of registration 131 doctor to forward to legistrar within a month n ceitificate of cause of death, to be attached to return 131 cemetery caretaker, etc. , to report to registrar w^ithin 7 days of burial, failing production of certificate of registration . . . 132 Doctor to report cause of death 131 to be supplied with forms : 131 Errors in registration, correction of 132 Forais to be supplied to registrar on application 129 expense of providing and distributing to be paid out of general revenue fund 129 in hands of registrar to be handed over to successor 130 registration of birth 134 registration of marriage 135 ' registration of death 136 certificate of 137 certificate of cause of death 137 interpretation 129 Marriage, report of to registrar within a month by person solemnising. 131 pai'ticulars to he furnished in 131 forms of, registrar to furnish on demand 131 " Minister ' defined 129 Minister, clergyman, etc., marriage to be I'eported by 131 forms of report to be supplied to upon ap- plication ) 31 death to be reported by within a month fail- ing production of certificate of registra- tion 131 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 130 •' Occupier '' defined 120 Orders, rules and regulations, the Lieutenant Governor in Council may uiakp 133 I-'enalty for omission to report to I'egistrar 132 making false statement I33 Pi'o.secution for omission to report to registrar 132 place of offence under Oi'dinauce, etc ... I33 Kegi.strar, appointment of j2g to be supplied with forms on application 129 1124 1898 INDEX 17S The figures refer to the foot paging. Vital Statistics— Coretmueri. Registrar, monthly returns by, to department 130 fees 130 returns to be forwarded to department by registered mail in first week of each month 130, 133 to give certificate of registration of death 131 forms of report of solemnisation of marriage to be furnished to clergymen, etc., by, on demand 1.31 certificate of cause of death to be furnished to medi- cal practitioners by 132 search of returns to be allowed by and certified extracts to be furnished by before date returns should be transmitted 133 Registration divisions, establishment of 129 of births 130 illegitimate children 130 marriages 131 deaths 131 penalty for default in 132 errors in, correction of 132 provision for late 132 Returns, registrars to forward to department within first week of each month by registered mail 130, 133 arrangement, indexing and custody of 133 search, fee for 133 by coroner without fee 133 certified extracts from, fee for 133 coroner to be furnished with without fee 133 as evidence 133 Rules, orders and regulations. Lieutenant Governor in Council may make 133 Short title 129 Territorial secretary to administer Ordinance 129 Weeds, Noxious 806 See Noxious 'Weeds. ■Wife and Chlldpen, Insurance fop benefit of 423 See Insurance fop benefit of Wife and Children. 112.5