(5nrn?U ICam Bci^aal SItbtarg
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KEN54411888
The revised ordinances of the North-West
3 1924 016 978 532
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THE
REVISED ORDINANCES
©P THE
NORTH-WEST TERRITORIES
AJSD
GTHEK OEDINANCES PASSED BY THE
LEGISLATIVE ASSEMBLY,
I* 5001 BeSSION begun and HOLDEN at ReGIKA on THB THnUTY-FIBSSf-
DAY or October, and closoed on the Euevbnth dat of
December, 1888.
HIS HONOR JOSEPH ROYAL,
LIEUTENANT-GOVEBNOa
RB«I» A.
Printed br R. B. Ooidon, Fiiiitei to tlie GoverDment of the
Noith-WeBt Tenitoilefi.
ISSB.
ORDINANCES NOT REPEALED BY THE " ORDIT^
ANCE RESPECTING THE REVISED ORDINANCES/
No. 11 of 1878. An Ordinance incorporating the Bishop of Sfc Albert.
No. 8 of 1881. II incorporating the Bishop of Saskatclia-
wan.
No. 4 of 1885. II respecting Schools.
No. 13 of 1885. II legalizing By-law of the Town of
Regina.
No. 14 of 1885. ti legalizing By-law of the Municipality
of South Qu'A,ppelle.
No. 1 of 1886. II respecting Municipal matters in the
Town of Calgary.
No. 19 of 1886. II incorporating General Hospital at
Regina.
No. 20 of 1886. II legalizing certain By-laws of the Mun-
icipality of South Qu'Appelle and
Debentures issued thereunder.
No. 21 of 1886. II legalizing By-law of the Town of
Regina.
No. 1 of 1887. II legalizing By law of the Town of
Calgary.
No. 21 of 1887, II amending Ordinance No, 21 of 1886.
No. 22 of 1887. n legalizing By-law of the Municipality
of VVolseley.
No. 23 of 1887. II incorporating Calgary Gas and Water-
works (Jompany.
No. 24 of 1887. II incorporating General Hospital at
Macleod.
No. 25 of 1887. II incorporating the Town of Moosomin.
No. I of 1888.
ORDINANCE
aasPBOHHtt^
THE REVISED ORDINANCES
OP TTTia
NORTH-WEST TERRITOHIES.
1888.
{Assetded to Becemhiv 11th, 1338,}
Wkan to take affacfc, s. 1.
Printed RoU, a. 2.
Repealed, ss. 3, 4.
Wot to operate as new law3, 8. 5.
Reference in former Ordinanoe
how ODnstcuad, ss. 6, 7.
Copies to be reoeived as eTideaev,
s. a
Ordinance subject to same rulea as
other OrdinanoeB, a. 9.
Chapter, how designated, s, 1ft,
Schedule A.
The Lieatenant-Grovemor, by and with the advice and
aonsent of the Legislative Assembly of the Territories,
enacts as follows :• —
1. The following aeries of Ordinances, chs^tered one to
sixty inclusive, shall eome into force and take eifecfc
cm, from and aiter the first day of March, A.D. 1889, as and
by the designation of "The Revised Ordinances of the
North-West Territories, " to aU intents as though the
same were expressly embodied in and enactied by this
Ordinance, to come into force and have efiect on, from and
after such day; and on from and after the same day, all the
enactments in the several Ordinances, enumerated in Sche-
dule A of ^lia Ordinance, shall be repealed.
^. A printed roll of the said Revised Ordinances, attested
as; such roll under the signature of the Lieutenant-Governor
and that of the Clerk of the Legislative Assembly, shall be
kept of record in the office of such Olerk and shall be held
to be the original thereof.
6 Revised Ordinances:
S. The repeal of the said' OrcJinan^es and parts of Ord-
inances shall not revive any Ordinance or provision of law
repealed by them ; por shall the said rep^eal prevent the
effect of any saving clause iu the- said Ordinances or parts
of Ordinances or of any . Ordinapce or provision of law
formerly in force, to any transaction, matter or thing an-
terior to the said repeal, to "vyifich they woijld otherwise
apply- . . . , I ' ■ '
4. The repeal of the said Ordinances shall not affect :
(a.) Any penalty, forfeiture or liability incurjed before
the time of such repeal, or ary proceedings for- enforcing'
the same, had, done, completed or pending at the time of
guch repeal ;
(b.) Nor any action, suit, judgment, decree, certificate,
execution, process, order, rule, or any proceeding, matter or
thing whatever respecting the same^ had, done, made, en-
tered, granted, completed, pending, existing, or in force at
the time of such repeal ; - '
(c.) Nor any act, deed, right, title, interest, grant, assur-
ance, descent, will, registry, by-law, rule, regulation, pro-
elaination, contract, lien, charge, status, capacity, immunity,
matter or thing, had, done, made, acquired, established or
existing at the time of such repeal ;
- (ci!.) Nor any office, appointment, commission, salairy,
allowance, security or duty, or any matter or thing apper^
taining thereto, at the time of such repeal ;
(e.) Nor any marriage, certificate or registry thereof, law-
fully had, made, granted or existing before or at the time
of such repeal ;
- 2. Nor shall such repeal defeat, disturb, invalidate or
prbjjudicially affect any other matter or thing, whatsoever,
Sad, done, completed, existing or pending at the time of
such repeal ;
3. But every such
(a.) Penalty, forfeiture and liability, and every such
(K) Action, suit, judgment, decree,certificate, execution, pro-
eess, order, rule, proceeding, matter or thing, and every such
(c.) Act, deed,right,title, interest, grant, assurance, descent,
will, registry, by-law, rule, regulation, proclamation, con-
tract, lien, charge, status, capacity, immunity, matter or
thing, afid every such
(d.) Office, appointment, commission, salary, allowance, se-
curity or duty, and every such
Revised Ordinaiices-. T;
' '(«0 MarijLage, certificate and registry' thereof,; and eveyj
such other matter and thing,, and the force and effedliv
thereof, respectively ~ ,
i may; and shall remain and continue as if no such repeal
had taken place, and so far as necessary, may and shall tas ;
continued, prosecuted, enforced and proceeded with .undea:
the said revised Ordinances and other the Ordinances auJ
laws' having force in the Territories, so far as applicable-
hereto, and subject to the provisions of the said seTeraJ.
Ordinances and. laws.
'5. The said Revised Ordinances shall not be heldV.t*
operate as new laws, but shall be construed and have effeci'
as a consolidation of the law as contained in the sahA
Ordinances and parts of Ordinances so repealed, and fcsr
wnich the "said revised Ordinances are substituted, and the
Legislative Assembly is not to be deemed to have adopteJ-.
the confetruction, which may by judicial decision, or othei
wise, have been placed upon the language of any of tfae,
©rdina^ces included amongst the said revised Ordinances.
I; 2. The various provisions in the revised Ordinances
corresponding to and substituted for the provisions of the
Ordinances so repealed, shall, where they are the same i»
#ffect as those of the Ordinances so repealed, be held to
©perate retrospectively as well as prospectively, and to hase
been passed upon the days respectively upon which the Op-
(iinances so repealed came into efieet.
3. If upon any point the provisions of the said revisodi
Ordinances are not in eflfect the same as those of tice
repealed Ordinances for which they are substituted, then as
respects all transactions, matters and things, subsequent t»
' ■fehe time when the said revised Ordinances take effect, fluR
pjpovisions contained in them shall prevail, but as respects all
transactions, matters and things anterior to the said time, tke
provisions of the said repealed Ordinances shall prevail.
6. Any reference in any former Ordinance remaining in
force or iii any instrument or dociunent, to any Ordinaaoe
•r enactment so repealed, shall, after the revised Ordinanaes
take effect, be held, as regards any subsequent transactiaa,
matter or thing, to be a reference to the enactments in. tbe
isevised Ordinances having the same effect as such repealal
Ordinance or enactment.
g . Renised Ordinances.
7. The insertion of any Ordinance in the said Schednle
A, shall not be construed as a declaration that such Ordin-
mace or any part thereof was or was not in force immediate-
ly before the coming into force of the said revised Ord-
inances.
8. Copies of the said revised Ordinances, printed by the
Queen's Printer for the Territories, shall be received aa
evidence of the said revised Ordinances in all Courts dnd
places whatsoever.
9. This Ordinance shall be printed with the said revised
Oidinances, and shall be subject to the same rules of con-
struction as the said revised Ordinances.
I®. Any Chapter of the said revised Ordinances may be
cited and referred to in any Ordinance or proceeding what-
ever, either by its title, as an Ordinance, or by its short
title, or by using the expression " The Revised Ordinance
respecting " (adding the remainder of ihe
title given at the beginning of the particular Chapter') or by
using the expression " The Revised Ordinances of the Terri-
iQiies, 1888, Chapter " (adding the number of the-
particular Chapter i/n, the copies printed by the Queen's
JPri/nter for the Territories.)
SCHEDULE A.
- Ordinances Repealed, from the date of the coming into force of the
Revised Ordinances of the North-West Territories.
1878.
mce respeccing Revenue and Expenditure,
respecting Public Printing,
respecting the Administration of Civil Justice,
respecting the Limitation of Actions in certain
cases.
respecting Fees in Summary Trials,
to provide for the appointment of Constables,
authorising the appointment of Notaries Public,
respecting Marriages,
respecting Fences,
respecting the Marking of Stock,
respecting Stallions,
respecting Poisons.
No.
1. AnOrdi
Wo.
2.
No.
4.
No,
5.
No
6.
No.
7.
No.
8.
No.
9.
No.
10.
No.
12.
No.
13.
No.
14.
No.
1.
No.
S.
No.
a.
No.
4.
No.
5.
No.
6.
Revised Ordinances. 9
1879.
1, An Ordinance respecting Infectious Diseases.
" respecting Dangerous Lunatics.
" respectins; Ferries,
" for the Prevention of Prairie and Forest Fires.
" respecting Masters and Servants.
" respecting the Licensing of Billiard and other
Tables and for theprevention of Gambling.
No. T. " to amend the Administration of Civil Justioa
Ordinance, 1878.
No. 8. " Exempting certain property from Seizure and
Sale under Executions.
No. 9. " , respecting the Registration of Deeds and other
Instruments relating to Lands in the
North-West Territories.
No. 10- " respecting the Ordinancea of the North-We»t
Territories,
1881.
An Ordinance respecting al.ort forms of Indentures.
■' respecting Security to be given by Public
Officers.
" to extend and amend the Registration of Titl«a
Ordinance.
" respecting the Office of Sheriff,
" respecting Mortgages and Sales of Personal
Property.
" respecting Trespassing and Stray Animals,
" respecting Marriages.
" respecting the Sale of Medicine^ and Drugs.
" to amend the Ordinance respecting Fences,
" for the Protection of Sheep,
" respecting driving off Horses and Cattle.
•' respecting Bulls.
1883.
No. 1. An Ordinance respecting infectious and contagious diseases of
domestic animals.
" respecting Municipalities.
■' to amend the Administration of Civil Justiea
Ordinances, 1878 and 1879,
" respecting Partnership.
" tor the relief of indigent, children.
" to prevent the profanation of the Lord's Day.
" ■ authorizing the appointment of Notaries Public
" for the protection of game.
" to regulate the disposal of found or stolen
horses.
" respecting the herding of animals.
" to enforce the destruction of the Canada thistle
and other noxious weeds.
No.
1,
No.
2.
Mo,
3.
No,
4.
No.
5,
No.
6,
No.
7.
No.
9.
No.
10.
No.
11,
No.
12.
No.
13.
No.
2.
No.
3.
No.
4.
No.
5.
No.
6.
No.
7.
No.
8.
No.
9.
No.
10.
No.
11.
10
lie-vised Ordinances.
No.
No.
12.
13.
No.
No.
14.
15.
No'.
16.
No.
17
No.
18
No.
19
fo.
20
No.
21
An Ordinance respecting auctioneers, hawkers and pedlers. .
" to prt'vide and regulate returns by Justices of
the Peace.
respectint< the construction of chimneys,
to amend the Oi'dinauce Nu. 6 of 1879 respect-
ing the licensing of Billiard and other
Tahles and for the prevention of Gambling,
to further amend "The Registration of TitlSs
Ordinance, 1879."
to amend Ordinance No. 12 of 1878, respecting
the niarkins; of stock.
■ to amend Ordinance No. 1 of 1881, respecting
short forms of indentures,
to amend the Ordinance for the protection ■ of
sheep, No. 11 of 1881.
to amend the Ordinance tor the prevention of
prairie and forest fires No. 4 of 1879.
to 'repeal the Ordinance No. 10 of 1881 and to
amend Ordinance respecting fences,
No. 10 of 1878.
No. 1. An
No. 2.
No. s:
No.
No.
4.
8.
No.
6.
No.
No.
7.
8.
No.
No.
9.
10.
No.
No.
11.
12.
No. 13.
No. 14.
No, 15.
Ne. 16.
1884.
Ordinance respecting the herding of animals.
" to amend and consolidate, as amended, the
Registration of Titles Ordinance of 1878^
and the Ordinance amending it.
' " to amend and consolidate, as amended, the
Ordinances respecting the Administration
of Civil Justice in the North-West "Terri-
toiies.
" respecting Municipalities.
" providing for the organization of Schools iii the
North -West Territories.
" to establish liens in favor of Mechaniea,
Machinists ar.d others.
" respecting Controverted Elections.
" to regulate the costs of distress for rent and
extra judicial seizure.
" respectins; distress for interest upon mortgages.
" to declare the law respecting real property held
by two or more persons.
" to encourage the planting of forest trees..
" respecting compensation to the families of per-
sons killed by accidents.
" to amend Ordinance No. 12 of 1883, intituled
"An Ordinance respecting auctioneers,
hawkers and pedlers;
to amend and consolidate, as amended, the
several Ordinances respecting the marking
of stock.
" to amend Ordinance No. 1 of 1883, respecting
infectious diseases of domestic animals,
for the prgtection of sheep and other animals.
Revised Ordinances^ 11
:No. 17. ■ An Ordinance to amend Ordinance No. 5 of 1881, intituled
"An Ordinance respecting mortgages and
sales of personal ■property." .' V
R'o- 18. " to amend Ord"itiance No. 10 of 1879, intituled
" An Ordinance respectins; the prdinancas
' of the North- West Territories." .' -,:
No. 19, " to amend Ordinance No. 5 of 1879, intituled
■ • "An Ordinance respecting Masters and
Servants."
No. 20. " to amend and consolidate, as amended, Ordin-
ance No. 7 of 1878, providing for the
appointment of Constables. .; ,■.'.
^o. 21. " to amend and consolidate, as amended, the
several Ordinances respecting the licen-
sing of Billiard and other Tables, and for
the prevention of Gambling.
No. 22. " to authorize Corporations and Institutions, in-
corporated outside the North -W est': Tejrri-
tories, to transact business therein.
No. 23, " to amend Ordinance No. 11 of 1883, iijitituled
" An Ordinance to enforce the destruction
of the Canada thistle, and other noixious
weeds,"
No. 24, " relating to the duties of Justices of the Pe^cfe
in cases of appeals,
" respecting ferries.
" respecting property and civil rights,
" concernino; receipt notes, hire receiptfs and
• orders fc.r chattels,
exempting certain property from seizure and
sale under execution,
" to amend and consolidate, as amended, the
several Ordinances respecting fences,
" respecting choses in action.
" respecting preferential assignments.
" to amend Ordinance No, 14 of 1883, respecting
the construction of chimneys.
" to amend Ordinance No, 8 of 1883, respecting
the protection of game.
" respecting inn, hotel, and boarding-house
keepers, , •
" respecting keepers of livery, boarding, and sale
stables,
" to amend Ordinance No. 9 of 1883, intituled
"An Ordinance to regulate the disposal
of found and stolen horses,"
188^.
Ne. 1. An Ordinance to provide for the appointment of Deputy
Returning Officers for Municipal purposes
and to repeal section 21 of the North-
West Municipal Ordinance of 1884.
]f%, 2. " to amend and consolidate, as amended, the
Ordinance respecting Municipaiities, 1884.
-No.
Mo.
No.
26.
28.
27-
No.
28.
No-
29.
No.
No.
No.
80-
31.
32.
No.
83.
No.
34.
No.
S6.
No.
36.
12
No.
3.
No.
5.
No.
No.
6.
7.
No.
8.
No.
No.
No.
No.
No.
9.
10.
UL
12.
16.
No.
16.
No.
17.
No.
18.
No.
19.
No,
20.
No.
21.
No.
22.
No.
No.
2.
3.
No.
No,
4,
5,
No,
6,
No,
No.
7.
8.
No.
9.
No,
No.
No.
10.
11,
12,
No.
13.
No,
14.
Mevised Ordinances.
'■'■ to amend and consolidate, as Amendod, the
School Ordinance of 1884.
" to amend the Adiiiinistiatioa of Civil Justice
Ordinance of 1884.
" respecting the duties of Clerks of Courts.
" to regulate the procedure in appeals in capital
cases.
" exempting ooitain property from seizure and
sales undas executions.
" to amend the Interpretation Ordinance.
" respecting the Lei>al Profession.
" relating to Medical Practitioners.
" respecting Poisi ms.
" to amend and consolidate the Ordinance respect*
log infectious diseasesof domestic animals.
' ' taamend and consolidate the Ordinances respect
ing fences.
" to amend Ordinance No. 25 of 1884 respecting
terries.
" to repeal Ordinance No. 9 of 1883, respecting
stolen horses.
" to amend Ordinance No. 4 of 1883, respecting
partnerships.
" to amend Ordinance No. 1 of 1884, respecting
the herding of animals.
" to amend and consolidate Ordinances respecting
prairie fires.
'■' to amend Ordinance No. 2 of 1879, reipeet-
ing dangerous lunatics.
1886.
2, An Ordinance respecting the Administration of Civil Justice,
" respectinsr the Incorporation of Joint Stock
Companies by Letters Patent.
" respecting Juries.
" respecting the holding of lands in trust for Re-
ligious Societies and Congregations.
" to facilitate the conyeyaiice of real estate by
married women.
" to amend the Municipal Ordinance of 1885.
" to Incorporate Agricultural Societies in the
North- West Territories,
" to Incorporate Companies for the establishment
of Cemeteries,
"' to amend the School Ordinance of 1885.
" respecting Fire Districts.
" to amend Ordinance No, 21 of 1884, respecting
the licensing of Billiard and other Tables and
for the prevention of Gambling,
" to amend Ordinance No, 21 of 1885, respecting
Prairie Fires.
" to ameiid Ordinance No, 12 of 1885, intituled
"An Ordinance respecting Poisons,"
Revised Ordinances. 13
No. IB. " to further amend Ordinance No, 8 of 1883, in-
tituled "An Ordinance for the Protection of
Game."
No. 16. " to amend Ordinance No, 13 of 1881, intituled
"An Ordinanoe respecting Bulls."
No. 1?. *' to further amend Ordinance No. 29 of 1884, in-
tituled "An Ordinance to amend and con-
solidate, as amended, the several Oidinancea
respecting Fences."
No. 18, " to repeal Ordinance No. 20 of 1885, and to
amend Ordinance No. 1 of 1884, intituled
"An Ordinance respecting the Herding of
.\nimals."
1887.
No, 2. An Ordinance respecting Schools.
No. 3. " to amend Ordinance Nf), 2 of 1886, respectinjf
the administration of Civil Justice,
No. 4. " respecting the Fees of Counsel, Advocates and
and Cieiks in matters of Certiorari and Ap-
peals from Convictions.
No. 5. " respecting the Office of Sheriff.
No. 6. " to amend and extend "The Interpretation Or-
dinance.
No, 7. " toamend and consolidate, as amended, Ordijiaace
No. 5 of 1881, intituled "An Ordinance re-
specting Mortgages and Sales of Personal
Property," and Ordinances amending the
same.
No. 8. " respecting Agricultural Societies in the Terri-
tories,
No. 9. " to amend Ordinance No. 3 of 1886, intituled
"The Companies' Ordinance."
No, 10. " to amend and consolidate, as amended, "The
matkiiig of Stock Ordinance, 1884."
No. 11. " to amend and consolidate, as amended, the
several Ordinances for tbeprotection of Game.
No, 12. " respecting Statute Liibf>r Districts,
No. 13. " to amend the Municipal Ordinance of 1885 and
also Ordinance No, 7 of 1886.
No. 14. " to prevent tho pollution of Running Streams.
No. 15. " to amend, and consolidate, as amended, the
seveial Ordinances respecting Bulln.
No. 16. " to amend Ordinance No. 10 of 1885, intituled
"An Ordinance respecting the Legal Pro-
fession. "
No. 17. " to amend, and consolidate, as amended, the
sever;il Ordinances respecting Prairie and
Forest Fires.
No. 18. " to amend, and consolidate, as amended, the
several Ordinances respectii.g Poisons.
No 19 " to repeal sub sections 1, 2 and 5 of Section 29
of Ordinance No. 9 of 1886.
No, 20 " to repeal Ordinance No. 22 of 1884.
THE REVISED OR'DINANGi;S
OP THE '
NORTH-WEST TERRITORIES; '
CHAPTER 1.
AN
ORDINANCE RESPECTING THE FORM
INTERPRETATION OF ORDINANCES.
AND
Short title, s. 1. ,
Mode of eiting- revised Ordinances,
.O: is.a.!- •■ . > :■:■
Application of this Ordinance, s. 3.
Form of Ordinances, ss. 4,5.
Time of oommencenienfc of Ordi-
'''"■ nahees, s. &.
Amendment of an Ordinance by an
Ordinance of same session, s. 7.
Interpretation and rules of con-
struction, s. 8.
jLaw always speaking, s. 8 (1). '
Meaning of — -
"ShaU" and ^ 'may," s. 8 (2).
."Herein," s. 8 (3).
"Her Majesty," "The' Queen,"
■ "The Crown," B. 8(4). '
"Lieutenant-Governor," s. 8'(5).
"Lieut -Gov in Council, "s. 8 (6).
''The 'United Kingdom," s. 8 {f).-
■"The United States," s: 8 (8), -
"Territories," s. 8(9).' ' ,'
"Conntry, &c;" s. 8 (10);
'i'Pr5>clamation,'iV:s..8. (11).] i.)
Expressing number and gender,
s. 8 (12).
"Person," s. 8 (13).
"Writing," "written," s. 8 (14).;
"Now," "next,"s. 8(15).
:'Month,".s. -8(10.) , ,
('iB[oiid;ajf;'''s: 8,(17), ■' ■' '',"■;
!fe'eckbniHg timej s. %
"Oath," s. 8(19).
Who may administer oaths, is. 8
..(20).. . ., . . • .J
"Sureties," "Security," s. 8-(21)t
"Magistrate," s. 8 (22)." '■
"Two Justices," s. 8(23)." , '
Local Jurisdiction, s. 8 (24). ■- -i
Power to do anything, to iricluft
all necessary powers for doing
it, s., 8 (25).. -
ImpHsonment where to be Made
whei no special ■ place is men-
■ .tionlid, g. 8(26). ' ' \
, Wor^s giying ■ power to appoint
' include power to remove, s; S
' .(27): ;. . .: ■. -.;
Power 'given to an officer appliefb
■• to his sUbcfessor or deputy,;*.
■:.8{28). ■■; : I
App'pintment^ to be during plea-
.\ sure- only,, s 8- (29).
.Acts to be~ donte by more.th^
' two' may be dpne by a maJori%
, ..si 8(30).' ,-■ ■ ' .
..Constituting bodies corpor^afce, a.
■■8(^1)-.
Deviations from forms pres-
. . Idribed, s. 8(32).
Power to make by-laws includes
I .power to repeal, s. 8 (33)..;
Private 'Prdinances hot to affect
I. '■ £hird parties unless speciiUV
'■■ .i :Aienti{)ned,'."s"; 8 (34). : ' ' .
J6
Interpretation Ordinance.
Power to make OrdinanceB in-
dudea power to amend or
repeal, s. 8 (35).
Bepeal of Ordinanoee—
Not to revive repealed Ordin-
ances s. 8 (36).
As to person acting under them,
».8(37).
How far only to affect certam
proceedings, s. 8 (37).
As to By-laws under repealed
Ordinances, s. 8 (38).
Construction of references to en-
actments for which others are
subatatuted, s. 8 (39).
When repealed enactment to
stand good, s. 8 (39).
As to acta done before repeal, 8.
8(40).
Offences and penalties not aflfeo-
ted by repeal, b. 8 (41).
All Ordinances deemed publk
Ordinances, s. 8 (42).
Proof of Ordinances, s 8 (43).
Preamble to be part of Ordw-
ance, s. 8 (44).
Proceedings for recovery «a& am-
forcement of fines, s. 8 (45),
Other rules of construction af>-
plioable, a. 8 (4fi);
Olerk Legislative Assembly Cus-
todian of all Ordinances, s. 9.
Seal to be affixed to Ordinances,
8. 10.
Copies furnished on payment of
fee, 3. IL
Form of certificate of copy ot
Ordinance, s. 12.
How Ordinances may be cited,
8. 13.
Interpretation of this Ordinance,
s. 14.
The Lieutenant-Governor, by and with
eonsent of the Legislative Assembly of
enacts as follows ^ —
the
the
advice and
Territories,
1. This Ordinance may be cited as
Ordvnance."
" The Interpretation
3. This Ordinance and following series of Ordinances
shall constitute and may be cited for all purposes as " 2%«
Revised Ordinances of the North- West Territories, 1888 "
and any chapter of the said revised Ordinances may be
cited and referred to for all purposes whatever, either by its
title as an Ordinance, or by its short title, or by using the
expression " The Ordinance (or The Revised Ordimance) res-
pecting " (adding the remainder of the title given at
the beginning of the particular chapter) or by using the
expression " The Revised Ordinances, 1888" or 'TheMeviseA
Ordinances of the North-West Territories, 1888," together
with a reference to the number of the particular chapter in
the copies printed by authority.
APPLICATION.
3» This Ordinancft, and every provision thereof, ahalS
extend and apply to every Ordinance of the North- Weak
Territories, now or hereafter passed, except in bo far as the
Interpretation Ordinance. 17
provision is inconsistent with the intent and object of such
Ordinance, or the interpretation which such provision would
give to any word, expression or clause is inconsistent with
the context, — and except in so far as any provision hereof is
in any such Ordinance declared not applicable thereto ; and
the omission in any Ordinance of a declaration, that " TIlr
Interpretation Ordinance" applies thereto, shall not be
construed to prevent it so applying, although such express
declaration is inserted in some other Ordinance or Ordin-
ances of the same session.
FOUM OF ENACTING.
4. The following words may be inserted in the preambles
of Ordinances, and shall indicate the authority by virtue of
which they are passed: " The Lieutenant- Goxernor, by and
" with the advice and consent of the Legislative Assembly
" of the Territories, enacts as follows."
5. After the insertion of the Words aforesaid, which shall
follow the setting forth of the considerations or reasons up-
on which the law is grounded, and which shall, with these
considerations or reasons, constitute the entire preamble,
the various clauses of the statute shall follow in a concise
and enunciative form.
TIME OF COMMENCEMENT OF ORDINANCES.
6. The Clerk of the Legislative Assembly shall endorse
on every Ordinance of the Territories, immediately after
the title of such Ordinance, the day, month and year when
the same was, by the Lieutenant-Governor, absented to, or
reserved by him for the assent of the Governor General,
and in the latter case, such Clerk shall also endorse thereon
the day, month and year, when the Lieutenant-Governor
has signified, either by speech or message to the Legislative
Assembly, or by proclamation, that the same was^laid be-
fore the Governor-General, and that the Governor General
was pleased to assent to the same ; and such endorsement
shall be taken to be a part of such Ordinance, and the date
of such assent or signification, as the case may be, shall be
the date of the commencement of the Ordinance, if no later
commencement is therein provided.
18 Interpretation Ordinance.
AMENDMENT OR REPEAL.
T. Any Ordinance of the Territories may be amended^
altered or repealed by any Ordinance passed in the sam^
cession.
INTERPRETATION.
8. In every Ordinance, unless the context otherwise
requires :
(1.) The law shall be considered as always speaking, and
whenever any matcer or thing is expressed in the present
tense, the same shall be applied to the circumstances asthej
arise, so that effect may be given to each Ordinance and
every part thereof, according to its spirit, true intent and
meaning ;
(2 ) The expression " shall " shall be construed as impera*
tive, and the expression " may " as permissive ;
(;i) Whenever the expression " herein " is used in any
section of an Ordinance it shall be understood to relate to
the whole Ordinance, and not to that section only ;
(4.) The expression " Her Majesty," " the Queen," or " the
Crown," means Her Majesty, her Heirs and Successors,
Sovereigns of the United Kingdom of Great Britain and
Ireland ; •
(o.) The expression " Lieutenant-Governor " means the
Lieutenant-Go\ernor, for the time being, or other chief ex-
ecutive officer or administrator, for the time being, carrying
on the Government of the Territories, by whatever title ha
is designated ;
(6.) The expression " Lieutenant-Governor in Council "
rneans the Lieuienant-Governor, or person administering
the government of the Territories, for the time being, act-
ing by and with the advice of, or by and with the advice
and consent of, or in conjunction with the Advisory Council
©f the said Territories ;
(7.) The expression " the United Kingdom" means the
United Kingdom of Great Britain and Ireland ;
(S-) Tlie expression " the United States " means the
United States of America ;
(9.) The expression " Territories " means the North-Wesi
Territories, as defined by the " North- West Territories Act";
(10.) The name commonly, applied to any country, place,
body, corporation, society, officer, functionary, person, party
or thing, means such country, place, body, corporation.
Interpretation Ordinance. 19
society, officer, functionary, person, party or tiling,. although
Buch name is not the formal and extended designation
thereof ;
' (11.) The expression '' proclamation "means a proclama-
tion under the Seal of the North-West Territories ; . .
(12.) Words importing the singular number or the mas-
culine gender only, include more persons, parties or thiuga
of the same kind than one, and females as well as males, and
the converse ;
, (13.) The expression " person "• includes any body, cor-
porate and politic, or party and the heirs, executors, ad-
ministrators or other legal representatives of such person,
to whom the context can apply according to law ;
(14.) The expression " writing," " written," or any term
of like import, includes words printed, painted, engraved,
lithographed or otherwise traced or copied ;
(15.) The expression "now" or "next" shall be con-;
gtrued as having reference to the time when the Ordinance
was assented to ;
(16.) The expression " month" means a calendar month;
(17.) The expression " holiday " includes Sundays, N-ew
Year's Day, Good Friday, Corpus- Christi, Easter Monday,
Ash Wednesday, Christmas Day, the birthday or the day
fixed by proclamation for the celebration of the birthday of
the reigning Sovereign, Dominion Day, and any day ap-
pointed by proclamation for a general fast or thauksgiving ;
(18.) If the time limited by any Ordinance for any pro-
ceeding, or the doing of anything under its provisions, ex-
pires or falls upon a holiday, the time so limited shall be
extended to, and such thing may be done on the day next
following which is not a holiday;
(19.) The expression " oath " includes a solemn affirmation
or declaration, whenever the context applies to any. person
and case by whom and in which a solemn affii'mation or
declaration may be made instead of an oath ; and in like
cases the expression " sworn " includes the expression " af-
firmed " or " declared ;"
(20.) Whenever by any Ordinance, or by any order, regu*
lation or commission made or issued by the Lieutenant-
Governor, under any law authorizing him to require the
takino- of evidence under oath, an oath is authorized or
directed to be made, taken or administered, such oath may
be administered, and a certificate of its having been made,
taken or administered, may be given, by any one named in
20 Interpretation Ordinance.
any such Ordinance, order, regulation or commission, or by
a judge of any court, a notary public, a justice of the peace,
or a commissioner for taking affidavits, having authority or
jurisdiction within the place where the oath is administered ;
(21.) The expression " sureties" means sufficient sureties,
and the expression " security " means sufficient security, and
whenever these words are used, one person shall be suffici-
ent therefor unless otherwise expressly required ;
(22.) The expression " magistrate " means justice of the
peace ;
(23.) The expression " two justices " means two or more
justices of the peace assembled or acting together ;
(2'i.) If anything is directed to be done by or before a magis-
trate or a justice of the peace, or other public funct)ona,ry or
officer, it shall be done by or before one whose jurisdiction
or powers extend to the place where such thing is to be done ;
(25.) Whenever power is given to any person, officer or
functionary to do or to enforce the doing of any act or
thing, all such powers shall be understood to be also given as
are necessaiy to enable such person, officer or functionary to
da or enforce the doing of such act or thing ;
([26. ) If in any Ordinance, any person is directed to be
imprisoned or committed to prison, such imprisonment or
committal shall, if no other place is mentioned or provided
by law, be in or to the common gaol of the locality in which
the order for such imprisonment is made, or if there is no
Common gaol there, then in or to that common gaol which
is nearest to such locality ; and the keeper of any such com-
mon gaol shall receive such person and safely keep and
detain him in such common gaol under his custody until
discharged in due course of law, or bailed, in cases in which
bail may, by law, be taken ;
(27.) Words authorizing the appointment of any public
officer or functionary, or any deputy, include the power of
removing or suspending him, re-appointing or re-instating
him or appointing another in his stead, in the discretion of
the authority in whom the power of appointment is vested :
(28.) Words directing or empowei'ing any public officer or
functionary to do any act or thing, or otherwise applying
to him by his name of office, include his successors in such
office, and his or their lawful deputy ;
(_29. All officers now appointed or hereafter appointed
under the authority of an Ordinance, whether by commission
or otherwise, shall remain in office during pleasure only,
unless otherwise authorized by law ;
Interpretation Ordinance. 21
(30.) When any act or thing is required to be done by
more than two persons, a majority of them may do it ;
(31 ) Words making any association or number of persons
a corporation or body politic and corporate, shall vest in
such corporation power to sue and be sued, contract and be
contracted with by their corporate name, to have a coinmon
seal, and to alter or change the same at their pleasure, and
to have perpetual succession, and power to acquire and hold
personal property' or moveables for the purposes for which
the corporation is constituted, and to ahenate the same at
pleasure ; and shall also vest in any majority of the meinbeia
of the corporation the power to bind the others by their
acts ; and shall exempt the individual members of the
corporation from personal liability for its debts or obliga-
tions or acts, provided they do not violate the provisions of
the Ordinance incorporating them ;
(32.) Whenever forms ai-e prescribed, slight deviations
therefrom, not affecting the substance, or calculated to mis-
lead, shall not vitiate them ;
(33.) Whenever power to make by-laws, regulations, rules,
or orders is conferred, it shall include the power, from time
to time, to alter or revoke the same and make others ;
(34.) No provision or enactment in any Ordinance which
is of the nature of a private Ordinance, shall affect the
rights of any person or of any body politic, corporate or
collegiate, — such only excepted as are therein mentioned or
referred to ;
(35.) Every Ordinance shall be so construed as to reserve
to the Legislative Assembly the power of repealing or
amending it, and of revoking, restricting or modifying any
power, privilege or advantage thereby vested in or granted
to any person or party, whenever such repeal, amendment,
revocation; restriction or modification is deemed by the
Legislative Assembly to be required for the public good ;
(36.) The repeal of any Ordinance or part of an Ordinance
ahall not revive any Ordinance or provision of law repealed
by such Ordinance or part of an Ordinance, or prevent the
effect of any saving clause therein ;
(37.) Whenever any Ordinance is repealed, wholly Ot In
part, and other provisions are substituted, and whenever
any regulation is revoked and other provisions substituted,
all officers, persons, bodies politic or corporate, acting umler
the old law or regulation, shall continue to act as if
appointed under the new law or regulation until others are
22 Interpretation Ordinance.
appointed In their steafl ; and all proceedings taken under
the old law or regulation shall be taken up and continued
under the neW law or regulation, when not inconsistent
therewith ; and all penalties and forfeitures may be recover"'
ed and all pr-oceedings had in relation to matters which'
have hrippened before the repeal or revocation, in the same
maimer as if the law or regulation was still in force, pursu-
ing the new provisions as far as they can be adapted to the
old law or regulation ;
(38.) Whenever any Ordinance is repealed, wholly or in
part, and other provisions are substituted, all by-laws^
oi'dei's, ri'gulations and rules made under the repealed Or-
dinance shall continue good and valid in so far as they are
not inconsistent with the substituted Ordinance, enactment
or pro\risix)n, until they are annulled or others made in their
stead ; i
(3[).) Whenever any Ordinance or part of an Ordinance is
repealed, and other provisions are substituted by way of
amendment, revision or consolidation, any reference in any
uhrepi'aled Ordinance, or in an}' rule, order or regulation
made thereunder to such repealed Ordinance or enactment,
sh^dl, as regards any subsequent transaction, matter . or
thing, he held and construed to be a reference to the provi-
sions of the substituted Ordinance or enactment relating te
the same subject uiaiter as such repealed Ordinance or
enactment ; Provi.led always, that where there is no provi-'
sion in the substituted Ordinance or enactment relating to
the same subject niattfcr, the repealed Ordinance or enactment
shall stand good, and be read and construed as unrepealed^
in so far, but in so far only, as is necessary to support^
maintain or give effect to such unrepealed Ordinance, or
sucli rale, order or regulation made thereunder;
(40.) The repeal of an Ordinance, or the revocation of a
regulation, at any time, shall not effect any act done or any
right or right of action existing, accruing, accrued or estab-
lished, or any proceedings commenced in a civil cause, before
the time when such repeal or revocation takes effect ; but
the proceedings in such case shall be conformable when
iiecessaiy, to the repealing act or regulation ;
(41.) No offence committed and no penalty or forfeiture
incurred, and no proceeding pending under any Ordinance
at any time repealed, or under any regulation at any time
revoked, shall be etlected by the repeal or revocation, except
-hat the proceeding shall be cOnforinable, when necessaij-,
Interpretation Ordinancei 23
to the repealing Ordinance or regulation, and that wheneyeir
$,ny penalty, forfeiture or punishment is mitigated by any;
of the provisions of the repealing Ordinance or regulation,
euch provisions shall be extended and applied to any judg-r
ment to be pronounced after such repeal or revocation ;
(42.) Every Ordinance shall, unless by express provision
it is declared to be a private Ordinance, be deemed to be a
public Ordinance, and shall be judicially noticed by all
judges, justices of the peace and others, without loeing
■pecially pleaded ; .,
. (4o.) Every copy of any Ordinance, public or private,
printed by authority of law, shall be evidence of suck
Ordinance and of its contents ; and every copy so purporting,
to be printed shall be deemed to be so printed, unless the
contrary is shown ; ,
(44.) The preamble of every Ordinance shall be deemed. a
part thereof, intended to assist in explaining the purrxirt
and object of the Ordinance ; and every Ordinance ancj
every provision or enactment thereof, shall be deenie«t
remedial, whether its innnediate purport is to direct the
^oing of any thing which the Legislative Assembly, de^ns
^o be for the public good, or to prevent or punish the doing,
of any thing which it deems contrary to the public good—
a,nd shall accordingly receive, such fair, large and libeial
Construction and interpretation as will best insure th^
attainment of the object of the Ordinance and of such prbr
vision or enactment, according to its true intent, meaning
and spirit ;
(45.) Proceedings for the recovery and enforcement, of
fines, penalties and forfeitures imposed by any Ordinanca
for the commission of offences created thereby, may be had,
taken, prosecuted and enforced, under and by means of, any
of the provisions contained in CJhapter One Hundred and
Seventy-eight of the Revised Statutes of Canada, and
amendments thereto, ^^hich for the purposes "aforesaii are
incorporated in and form part of every such Ordinance ;
and the words " on summary conviction," whenever they
occur in any Ordinance, shall refer to and mean, under and
by virtue of the provisions of the said Chapter One Hun-
dred and Seventy -eight of the said Revised Statutes of
Canada;
(46.) Nothing in this section shall exclude the applicatioja
to any Ordinance, of any rule or construction applicabla
thereto, and not inconsistent with this section ;
24 InterpretafAon Ordinance.
9. All Ordinances heretofore passed, now passed and
hereafter to be passed, shall be and continue to remain on.
record in the custody of the Clerk of the Legislative
Assembly.
10. Tlie Clerk of the Legislative Assembly shall affix
tlie seal of the Territories to certified copies of all Ordin-
ances intended for transmission to the Secretary of State or
required to be produced before Courts of Justice, and in any
other case which the Lieutenant-Governor may direct, and'
such copies so certified shall be held to be duplicate originals,
and also to be evidence as if printed by lawful authority of
such Ordinances and of their contents.
11. The Clerk of the Legislative Assembly shall furnish
a certified copy of any Ordinance to any person applying
for the same, upon receiving from such person such fee, not
exceeding ten cents for every hundred words, as the Lieu-
tenant-Governor may from time to time direct.
1 3. The Clerk of the Legislative Assembly shall insert
ai the foot of every such copy so required to be certified, a
written certificate duly signed and anthenticated by him to
the effect that it is a true copy, (and in case of any Ordiri^
ance disallowed after it came into force) " but disallowed
hy the Governor in Council, which disallowance took effect
m the day of A.D. 18
13. Any Ordinance may be cited as of the year of On?
Lord.
1 4. The provisions of this Ordinance shall apply to the
construction thereof, and to the words and expressions used
therein.
Public Printing.
25
CHAPTER 2.
A.N ORDINANCE RESPECTING PUBLIC PRINTING.
Queen's Printer, s. 1.
Publication of Official Gazette
authorized, s. 2.
Publication of Ordinances, s. 3.
Advertisements, Notices, etc., in
Gazette, s. 4.
Conditions and charges, s. 5.
Profits, salaries and accounts, 8. 6.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, enacts
as follows :
1* The Lieutenant-Governor in Council may appoint
by commission a Queen's Printer for the Territories.
3. The Lieutenant-Governor in Council may authorize
the publication of a fortnightly Official Gazette, to be called
" The North- West Territories Gazette" for the publication of
proclamations, official and other notices, and of all such
matters whatsoever as may be from time to time required.
S* It shall be the duty of the Queen's Printer, subject to
the direction of the Lieutenant-Governor in Council, to print
aaid publish, or cause to be printed and published, the Ordin-
ances of the Territories, the North- West Territories Gazette,
and such documents and announcements as may from time
to time be required.
4. All advertisements, notices and documents whatever,
relating to matters within the control of the Legislative
Assembly of the Territories, and which by any law are
required to be published, shall be published in the said
Official Gazette, unless any other mode of publication is
prescribed by law.
$< The Lieutenant-Governor in Council shall prescribe
fSie conditions of the publication of the said Gazette, and
atall designate the public bodies, officers and persons to
irhom the said Gazette ahall be sent, and shall make a tariff
<rf charges to be paid for the publication of notices, adver-
tisements and documents to be published in the said Gazette,
26 Puhlie Printing.
and the p)-ice of subscription to said Gazette.
6. The profits arising from the publication of the said
Gazette, and salary of the Queen's Printer, tlie mode in
which he shall receive the same, his accountability for
moneys received on account of the publications in the said
Gazette and the conditions generally under which the print-
ing-and other works required shall .be performed, shall be!
such as the Lif^iitenant-Governor in Council maj^ from time
to tinie prescribe.
Revenue and Expenditure. 27
CHAPTER a
AN ORDINANCE RESPECTING REVENUE AND
EXPENDITURE.
General Revenue Fund, s. 1.
Gharges incident thereto, s. 2.
How deposited, (. 3.
Appropriation thereof, s. 4.1
Appointment of Officers, s. 5.
The Lieutemant-Govemor, bj and with the advice and
consent of the Legislative Assemblj of the Territories,
enacts as folloi^s :
i. All duties, revenues, license fees, fines, penalties, and
moneys whatsoever of the Territories, over which the Lieu-
tenant-Governor and Legislati\'e Assembly have or here^
after may have the pow(ir of appropriation, shall I'orm one
fund, to be called " The General Revenue Fund " to be
appropriated for the public st rvice of the Territories, in the
manner and subject to the charges hereinafter mentioned.
2. The said fund shall be permanently charged, subject
to revision and audit as may be directed by Ordinance or
order of the Lieutenant-Governor in Council, with all the
costs, charges, and expenses incident to the collection, man-
agement, receipt and disbursement thereof.
3. The Lieutenant-Governor in Council may, from time
to time, order and determine in what one or more of the
chartered banks of Canada the fund hereinbefore referred
to, or any part thereof, shall be deposited and kept, subject
to immediate call or at interest, as also the manner in which
euch fund may from time to time be chequed out and with-
drawn.
4. Unless the said fund be appropriated in detail by
Ordinance, the Lieutenant-Governor in Council may from
time to time, appropriate said fund, or any portion thereof,
for any purpose of public utility in the Territories ; and a
statement of such expenditure shall be laid before the Legis-
lative Assembly at every successive session thereof.
28 BevevMa and Expenditure.
5> The Lieutenant-Governor in Council may, from time
to time, determine what oiBcers or persons it is necessary to
employ for any of the purposes mentioned in this Ordinance,
assign their names of office, prescribe their duties, grant
salaries or pay for their services, make the necessary
appointments, and exact such securities from such officers
and persons as may be deemed proper.
6. The public accounts shall include the period from the
Thirtieth of June in one year to the Thirtieth of June in
the next year, which period shall constitute the financial
year.
Security by Public Offtcera.
29
AN
CHAPTER 4.
ORDINANCE RESPECTING SECURITY TO BE
GIVEN BY PUBLIC OFFICERS.
Bonds, BS. 1, 2, 3, 4 and 5.
Affidavit of surety, s. 6.
Clerk of the Legislative Assembly
to provide register, s. 0 (1) (2)
(3).
Consequences of neglect, s. 7-
Procedure on death or bankruptcy
of surety, or discontinuance of
responsibility, ss. 8 and 9.
Other provisions respecting same,
ss. 10 and 11.
Neglect, omission or irregularihr
in bonds nottovacatesame b. iC
Public officers may give security
of guarantee companies, b.
14.
Security of guarantee companies,
s. 15.
Limitation as to liability of public
officers, s. 17.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, enacts
as follows :
1. Every person appointed to any office or employment
of the Government of the Territories, or to any office
or employment of public trust, or wherein he is con-
cerned in the collection, receipt, disbursement or expenditure
of any public money, and who by reason thereof is required
to give security, with surety or sureties or otherwise, shall,
within one month after notice of such appointment if he is
then in the Territories, or within three months if he is then
absent from the Territories (unless he sooner arrives in the
Territories, and then within one month after such arrival),
give and enter into a bond or bonds, or other security or
securities, in such sum and with such sufficient surety or
sureties as are approved of by the Lieutenant-Governor in
Council or by such other officer or person, as they may
appoint for the due performances of the tiust reposed in
him, and for his duly accounting for all public moneys!
entrusted to him, or placed under his control.
^. Whenever any per.son is required under this Ordinance
or by any order of the Lieutenant-Governor in Council to
give bond or security for the due performance of the duties
of any office to which he has been or is about to be ap-
gQ Security by Public Officers. i
pointed such person may either solely, or together with any
surety or sureties, as the case may be, give such security by
bond in the Form A in the schedule to this Ordinance or to
the like effect.
3. Whenevet a bond, made according to the Form A sefc
forth in the schedule to this Ordinance or any other bond
expressed to be made in pursuance of this Ordinance or re-
ferring thereto, contains the; form of words set forth in
column " one " of the said form, such bond shall be construed
and have the same effect as if it contained the form of words
set forth in column " two " of the said form.
4. Any recitals may be inserted prior to the condition of
the bond, and the feminine gender may be substituted for
the masculine, or the plural number for the singular, or vice
wrsa, in any form, in the first column of the said form, and
corresponding changes shall, in such case, be taken to be
jnade in the corresponding form in the second column ; and
any express exceptions or qualifications or additions, made,
introduced or annexed in the first column, shall be taken to
be made in the corresponding form in the second column.
5. Any bond or part of a bond, which does not take effect
by virtue of the three sections of this Ordinance next pre-
ceding, shall nevertheless be as effectual to bind the obligors
therein so far as the rules of law and equity will permit, as
if the said sections had not been passed.
6. Every surety in any such bond shall make the affidavit
in the Form B in the schedule to this Ordinance or to the
effect thereof, before a Justice of the Peace, and every such
bond or security shall be proved as to the due execution
and delivery of the same, by an affidavit of the attesting
witness, made before a Justice of the Peace ; and every such
¥ond or security, with the several affidavits thereunto
annexed shall be recorded at full length in the Lieutenant-
Governor's Office, and the original bond or security, and the
affidavits thereunto annexed shall after such registration be
deposited and recorded in the said office within one month
after being entered into or given, if the person on whose
behalf it is entered into or given, resides or is in the Terri-
tories, and if he is absent from the Territories, then within
three months after being entered into or given unless such
Security by Public Officers. 81
person arrives sooner in the Territories, and then within one
month after such arrival. '
(1.) The Clerk of the Legislative Assembly shall, for the
jpurpose of so legistering bonds or securities provide a sepa-
rate register book, every page of which, and every bond or
security recorded therein shall be numbered, and the day
of the month and year when every such bond or security is
registered, shall be entered in the margin of the said regis-
ter book, and in the margin of the bond or secuiity.
(2. ) The Clerk of the Legislative Assembly shall keep
separate alphabetical lists of the names of the principals and
of the names of the sureties mentioned in such bonds or
securities, with reference to the book, page or number v.here
the bonds or securities containing such names are to be
found, and shall enter and register the said bonds or securi*-
ties in the same order of time in which they respectively
€ome to his hands.
(3.) Copies of all bonds or securities registered as afore*
said, certified by the Clerk of the Legislative Assembly,
shaill be received in all courts of civil jurisdiction in -the
Territories, as prima fide evidence of the due execution of
the contents thereof, and for every such copy certified a3
aforesaid, a fee of one dollar shall be payable to the General
Revenue Fimd.
T. If any person who is required to give, register and
deposit any siich bond or security as aforesaid neglects tb
do so, he shall be liable to forfeit the appointment in respect
whereof such security should have been given, and such ap-
J ointment shall be void from and after the time when the
lieutenant-Governor in Council declares the same to be void
under this Ordinance, but such voidance shall not annul or
make void any act or other matter or thing done by such
person during the time he actually held such appointment.
(1.) No such forfeiture shall take place by reason o f any
such bond or security not being registered or deposited if
the proper sureties have been given and the proper bond
made out, and when the failure of registry and deposit
have arisen from the loss of such bond or security in the
transmission thereof from a distance; but in every such casa
a new bond or securitj', specifying the reiason of such delay
shall be made out and signed, registered and deposited,
within the like period, after the person giving such security
receives notice of the loss (regard being had to the place
32 Security hy Public Officers.
where he then is,) as is required by this Ordinance foi- the
registry thereof, if such loss liad not occurred.
8. Every such person as aforesaid who has given anj
bond or other security, with surety or sureties for the due
execution of the trusts reposed in him, or for duly account-
ing for public moneys coming to his hands, shall give notice
in writing to the Clerk of the Legislative Assembly of the
death, bankruptc)^ insolvency, or residence out of the Ter-
ritories, of any surety or person bound for or with him in
any such security.
(1.) Such notice shall be given within one month after
the fact comes to the knowledge of such person as aforesaid,
and any person who neglects to give such notice within
such period shall forfeit, to the use of the Territories, one
fourth part of the sum for which the surety so dead, bank-
rupt, insolvent or resident out of the Territories became
security, recoverable in any civil court at the suit of the
Lieutenant-Governor.
(2.) Every such person, who upon the death, bankruptcy,
insol i'ency or residence out of the Territories of any surety,
neglects to give the security of another surety, to be ap-
proved in like manner as such surety dying or becoming
bankrupt, insolvent or resident out of the Territories was
approved, within such period from his having given notice
of the death, bankruptcy or insolvency or residence out of
the Territories of the former surety, as is by this Ordinance
limited for giving, registering and depositing the original
security, or neglects to register and deposit the bond or
security of such new surety, within such period from his
having given the security of such new surety as is by this
Ordinance limited for the registering and depositing of the
original bond or security, in respect whereof such new
security ought to have been given, and such new bond or
security registered and deposited as aforesaid; and his
appointment shall be void from and after the time when
the Lieutenant-Governor in Council declares the same to be
void in like manner, and under and subject to such pro-
visions as aforesaid.
%. When any person has become security for the due
accounting for public moneys, or the proper performance of
any public duty, by any such person as aforesaid,, such
surety, when no longer disposed to continue such responsi-
Security ly Public Officers. SA
biljty, may give notice thereof to liis principal, and also to
the Clerk of the Legislative Assemblj', and all acci-uing re-
sponsibility on the pail of such person as such surety shall
cease at the expiration of three months from the receipt d
the last of such notices, or upon the acceptance by &»
Lieutenant-Governor in Council of the security of anottier
surety, whichever first happens; and the principal shall,
within one month from the receipt of the last of suet
notices, give the security of another surety, and register &tA
deposit the bond of such new surety, or in default of bo
doing, shall be liable to forfeit, and be deprived of the ap-
pointment in respect whereof such new security ought to
nave been given and deposited as aforesaid, and his ap-
pointment shall be void fi om and after the time when dte
Lieutenant-Governor declares the same to be void^ in liJas
manner and tmder and subject to such provisions a,3 af oiesaiii
10. The Lifutenant-Governor in Council may approvB
of the security given by any public officer, although pe^
fected after the time limited by this Ordinance, and in fenci
case the office shall be deemed not to have been voided by
sttch default, but to have remained^ and to lemain rin full
force and effect. And no act of any such public officer shall
by such default be void or voidable.
11. "When the securities of the principal and suretiep
have been executed at different times (whether they wexB_
taken in one an^ the same bond, deed or other insti-ument'
or in different ones), the period limited for registering end
depositing such securities shall be estimattd ficm the tims
of execution thereof, by the person who was the last to ex-
ecute the bond, deed or other instrument, or the laet bond,-
deed or other instrument, as the case may be.
1^. No neglect, omission or irregularity in giving or
receiving the bonds or other securities, or in re gisteiing thfi
eame within (he periods or- in the manner prescribed by this
Ordinance shall -vacate or make void any .■■uch bond or
eecuritv or discharge any surety from the obiigations- thereof,
13. All bonds or other securities hereby required to bj»
registered and d( posited, shall be rcgisteied and deposited
by the proper officer, notwithstanding the period prescribed
for registering and depositing the same has expired; but ja
f$ . ■ Security bij Pwbl'oo. Ujficer.t.
s«afi ro^tsterinL; anl depoaifciiig of aiy sueli bond or other
sat-itiifcy s'i*ll bo djemol ta wdivo any' fori'eiture or penalty,
or sJjiill es:j.n^)!; taie pjrsjii on whose behalf the same are
»[• •■I'it.^rjd iui\ deposited from any forfeiture or penalty,
iKjit;r *iy of the provisions of this Or liiiance.
14. \Vlienever *iy public oMicor is required to give
a««iiainty fur the pcirformanCe of his duties, or other security
(rf (i; like ititure, and whether such security inures for the
Iwndit' of the Territories or of any person injured by the
detioit oi inlsoonduct of such officer, the Lieutenant-Gov-
ftjjior in Goaiicil may direct that the bond or policy of guar-
sfttee of any 'inct>rporated joint stock company empowered
to^^rmit g^iarantees, bonds, covenants or policies for the
i»i tHTity and faithful accounting of public officei's, or other
like pin-poses,- may he accepted as such security, upon such
teraas as may be detero lined by the Lieutenant-Governor in
Sduncil ; stnd the provisions of law with reference to the
Itgd eti'cct of such securities when given by individuals, to
iiie filing thereof, and to the mode of proceeding thereon,
f^all apply to the security given by every such company.
1 5* Tlie interim receipt of such company may be accepted .
j> lieu of the formal secuiity, but the formal security shall be
(J&mpleted within four months from the date of such receipt.
16. Ev«ry eoveoant entered into for or in behalf of any
0«»]jlic officer, in pursuance of any law requiring security
»rcvu any such officer, or in pursuance of the preceding sec-
fioais shall inu: e for the benefit of the Territories ; and the
I*eateniint-Governor may bring and maintain an action'
feereou in respect of any damai^^es suffered by the public on
aeeoont of any misconduct, neglect or default of the officer '
in either inst^tnce, with the like effect as any private person
SttiTerLDu^ diunagos a.s aforesaid might.
IT. Where any person or incorpoi-ated joint stock com-
ftmy is suj ety for the performance by any public officer who
is (ililiged to give secui-ity as aforesaid whether the surety- ,
ship is for tlie benefit of the Teixitories or inui-es for the
l«netit of any person injured by the defsiult or n.isconduct
cf such ofRcer, and any action 'is brought upon the bond,
<»^-enant, policy, or recog)iizanee of suretyship, no damages
aiiall be leaoveied in the said action against such surety ex-
cept as to aauscs of action which havi; arisen w ithin six
y«ars next before the commencement of the said action.
Secv/rity ^y Public Officers,
SCHEDULE.
FORM A.
(Vide Section 3.)
Enow all men by these Presents that v, a
of la tk«
North- West Territories in the Doiixinion of CaoadSi (kweiniiftvr oaiI«i
*'the principal") and of
in the said Territories and of
fai the said Territories (hereinafter called "the sureties") ar*
fespectively held and firmly bound unto our Sovereign Lady the Quees,
ker heirs and successors, in the respective penal sums following, thai
b to say: "the principal" in the sum of dollars at
lawful money of Canada, and eacli of "the Buretiei" ia s, num ol
dollars of like lawful money, to be paid to our
gaid Sovereign Lady the Queen, her heirs and succeseoi*, for irhich
said irespeotive payments, well and faithfully to be made, we aoveraUy,
— and not jointly, or each for the other, — bind ournelve*, and our r«-
ipective heirs, executors and administrators, firmly by thMS preaeats,
BOiiled with our respective seals.
Dated this day of m thjl
year of our Lord one thousand eight hundred and
aaid in the year of Her Majesty's reign.
Whereas "ihe prinoipal" having been appointed to iie offlo* vr mm-
ployment of
IS required by law to give security to the Crown for Ulc dm* peiforw-
amce of the duties appertaining thereto; and the sureties
have ecm«eato4
bo become his sureties for such his performanoa of the said dati«s; and
this bond is given in pursuance of "An Ordinance respeofang Public
Officers."
COLUMN ONE.
Now the condition of this obli-
gation is, that if "the principal"
faithfully discharges the duties of
the said office and duly accounts
for all moneys and property which
«ome into his custody by virtue of
ttie sjiid office, this obligation shall
be void.
Signed, sealed and delivered"!
in the preseaca of J
OOLCUN TWO,
Now the condition of the abov*
obligation is such, that if "ttol
principal" so appointed to the sail
office or employment as aforesaid,
do and shall from time to time and
it all times, so long as he shall holi
the said office or employment or be
and remain charged with the actual
discharge of the duties api>8rtainin|;
thereto, or any of them, faithfully,
honestly, and diligently do per-
form, fulfil and discharge all and
eveiy such duties, in every res-
pect, in a«3ordance with the laws
now ill force in that behalf, as also
all and singular such other duties
as by competent authority in that
behalf, now are or hereafter shalt
or may be attached to the said
office or employment, or imposed
upon or required to be peifoimed
by tlie incumb^it for the time
§«
Security ly Public Officers.
being of the said office or employ-
ment, whether such last-mentioned
duties are regulated or imposed by
any Ordinance or Ordinances of the
Territorit'S heretofore passed or
may hereafter be passed by the
Legislative Assembly of the said
Territories or by any Order or
regulations made under any such
Ordinance, and whether such duties
are extended, increased or other-
wise varied or altered by any such
Ordinance or Ordinances so to be
passed, or by any such Order or
regulations as afoiesaid,or are regu-
lated or imposed, or are extended,
increased or otherwise varied or
altered by competent authority,
and shall duly account for and pay
over all such moneys or securities
for money or valuable securities
or property as shall come into his
hands, custody or control by virtue
of or in consequence of his holding
the said office ;
And further, if "the principal"
upon his removal from, or his re-
signation of the said office or em-
ployment, or if in the event of his
death during his tenure of the said
office or employment, his legal re-
presentatives, or some or one of
them, do and shall quietly surien-
der and deliver up the same, and
all the moneys, secuiities for
money, valuable securities, or
property, books, papers, in-
strumen s, instructions, maps,
plans, letters and writings, and
other things whatever, which then
may be, or ought to be, in his pos-
session, custody or keeping by
virtue of or in consequence of his
holding the said office, or relating
or in anywise appertaining theretoi,
then the above obligation shall be
null and void and of no effect: other-
wise the same shall be and remain
in full force and virtue.
Security by Pitblie Offi.fJers. 87
AJ-FIDAVITS TO BE ANNEXED TO THE BOITD.
AFFIDAVIT OF WITNESS.
Canada: "1 I,
North- Wesu Terrifcories, Vof hi tlxB
to wit. J
North-Wdst Tarritories, mikB oath and say that l^yraA" paraonaHy
preseab, and did saa •■!
fch3 obligjrs in tha abava b)nd or writing oVas["kb'jTy namal, duly e-s9-
cuie th3 aVid insirumsab by sigaiag, sailing and, as thair raapaoiivB
acis aad daais, delivering tba siina, and thit I ain a Bubiaribiiig vrit-
ness to such exeoubion.
Sworn before ma at
in tha siid Tdrrifcories, this
day of JLT>.
ana thousand eight hundred
J.P. for the Territories ,
[A separata affidavit in this form slvvll ba mide by a wifea»33 to the
exe^atfc-o.a of oioh obligor, if tha sama parson doas noli wibneaa the oxeea-
tion by all of them.]
FORM R
(Vide Sectim S.)
Canada; "i I, A B , the obligor (or one of the snrelries) In
Norbh-Weab Tarri- > the annexed bond namad make oabh and B\y, aa
tories, to wit : } follows :
1. I am seized and possassed to my own use of real (or real and pas-
Bonal) estate at in the North-Weafc Telv
ritories of the actual value of $ over and above all charges upon
or incumbrances a Jeoting the same.
2 My Post Oiiiae address is as fallows :■ —
Sworn before me at
this day of A.D. one thousand
eight hundred and
J. P. for the Territories.
A separate nffidaxil to he made by the oblijur and liy « leh lurebj.
INDORSEMENT ON BOND.
The iniorssmant on fcha band shiU show : — 1. T!i9 data of Its receipt
by tha ' lerk of the La^islabive Assembly. 2. The namas of bha pria-
cipil and surebies. and fcha amiunb for which each ia b lund. 3. Tho
dibe of thi band 4. T ^e office for the f ilbhful discharge of the duties
wharejf ifc is given. 5 Tiia Ragisbration numbar 6. Tha fi)lio on
which ifc is entered in tha register of bonds 7 The folio and book
in which ifc is reaorded in fcha office of the Cle/k of the LegislabivB
Assembly certified by the said C .erk.
18
Controverted Elections.
CHAPTER 5.
AN ORDINANCE RESPEC^TING CONTROVERTED
ELECTIONS.
Petition agamat undue election,
i. 1.
Must be addressed to Lieuienant-
GoTeinor, s. 2.
Tee t . Ecc(jmi)any same, b 3.
Clerk of Legislative Assembly
required to notify petitioner,
give security for costs, s 4.
Becurity to be deposited within
ten days, s. 6.
On failure to deposit security pro-
ceedings cease, s. 6.
Writ of Sununons againstall parties
comijlaineduf. Trial of cause, s.7.
Determination of Judge, with
cop.y of evidence, to be foi!-
warded to Lieut. -Governor.
Determination to be final, s. 8,
The Lieutenant-Governor, by and with the advice and
eonsentof the Legislative AsseiiiUy of the Territories, enacts
»s follows : —
1. Within two months from the receipt by the Clerk of
the Legislative Assembly of the retui-n of a writ of an eleor
ton, any defeated candiilate or elector at such election, may
petition against the undue return or undue election of any
Candidate at such election.
2. The petition shall be addressed to the Lieutenant-
Governor; shall state fully the giounds upon which thj
petititioner seeks to set aside the election of such member,
and .shall be accompanied by the petitioner's affidavit, to be
«worn to before a Justice of the Peace or a Notaiy Public
that he believes the allegations therein contained to be true.
8. Upon the receipt of such a petition and the sum of ten
dollars, which shall form part of the General Revenue Fund
tlie LieutfBant-Governor sliall cause the petition and a copy
*if all the books, papers and documents relating to the elec-
tion eomplained of, certified to by the Clerk of the Legisla-
tive Assembly, to be transmitted by registered letter to the
Clerk of the Supreuje Court, whose office is nearest the
residenca of the retuining officer at such election.
4. The sa,id Clerk shall, upon receipt of the said petitioB
aotify the petitioner that he is required, within ten day
Controvcrk'd Elections,. 8.9
after tho fervice 01 such notice, to lodge security -witb tl*e
eaid Clerk as hereinafter pro\ide(I.
5. ^^'ithin ten days al'ter rerei]it of such notice, the poti-
tioiier shall deposit with the said Clerk tlic sum of iivc lixiii-
dred dollars for the paj'uient of all costs, charges aad cxpca-
6es that may become po.yable l>y the jietitioner — ;
('^) To Hii}- person snuunoned as witness on liis behalf, fa»
ill.) 'J'o the Tuemb./r ur retuniiiig- uiiicer, whose eW-lion
return 'w euii.luct is complained of.
6. It the jietitionei- fails, within ten d.nys after the sei-vioe
upon him uf ihe said notice, to deiiosit the said security-, -all
proereiHiiy-, undtr the said petition shall cease, and the peti-
tioner shall have no riyht to petition arain under tliis
rilmanee.
'T. Tbe said Clerk of the Supreme Court shall, npo»
receipt of the said deposit, issue an ordinaTy -writ of ss.m-
mons, a^aiii>t all parties complained of in the petilion, aji<l
thencefol■^^■ard the matter of the said petition shall be>c<m«
a. cause in the said Supreme Court, to be tried ajid deiKav
mined as in civil actions.
8. At the concliisi(.)n of the trial the Jud,2,ie, who tried th«
case, shall detorniine whether the memKr, whose e]e<;tioj) or
return is complained of, or any and what oth<r peisctn Wfjs
duly returned or elected, or whether the electirm was \m\,
and shall forthwith certify in writing-, sueli determiaat.kxa
to the Lieutena.nt-Coveriior, appending thereto a copy of his
note.s of the evidence, and upon sucli certificate being givea,
6uch determination shall be tmal to all intents and piir|>ostMS.
Infectious Diseases.
OHAPTBR 6.
iS. OaDINANGE RESPECTING INEECTIOUS
DISEASES.
EautenantCfovBrnoT to proclaim
iofeoted districts, ». 1.
BeeJaro exi8t«B.oe of disease out-
ffife Tssiitoiics and prosicribe
Stress iherafrom, s. 2.
•miatLtute health districts and ap-
foiai boards ol health, a 0.
I OTvers and duties of Boards, ss. 4
and 5.
Lieutenant-Governor niay appoint
health officers to enforce Or-
dinance, s. 6.
Penalties, s 7-
Any Peace Officer may arrest
offender, s. 8.
Th« LifTit««aant-Govemor, l)y and with
essBeiit of tilt Legislative A«semblj of
«mi«ts as follows : —
the advice and
the Territories,
f. When sany part of the Territories becomes infected
with acy ODniagioTiN, infectious or epidemic disease, the
liieutcnant-Govenior may \>y proclamation describe the
part (io infected, declare that such disease exists therein,
jUid prosciile STich part frtm outside intercourse for the
penod n»\me<l iu sucli proclamation.
S. When any part of the said Territories becomes exposed
to any contagious, infectious or epi(1( mic disease, then ex-
ist'inj!; ii anj' place oiitside the Territories, the Lieutenant-
fevemor, by proelamation, may declare that such disease
exists in such pLice as aforesaid, ami pj'oscribe all ingress to
file. Territories therefrom during the period named in such
jroelamatlon.
Sa The Lieiortenant-Govemor may at any time, and from
■Kwie to time, eonstitute by order any part of the Teiritoriea
ffi»a«h order described and named, into a health district, or
«m" par:s thertof into health districts, and for every suih
^5atiict to appoint a boaid of liealtli, to consist of not move
than five or 1b*. 4han three persona — the majority of those
*|)p«iiit«d to foTTu a quorum.
4* Every su«h board shall be presided over by the senior
Infectious Diseases. il
member tiiereof present in the district, and shall meet at
aaeh times aad pliices as he in his discretion may appoint ;
and within the territorial limits of the district for which ..it
M appointed the powers oi" each such board shall be —
(1.) Wht^Ye any infectious disease is discovered to exist ha
any house qj- dwelling pla.?e, to prevent all intercourse and
eommunicaSon therewith, except by the health and medical
ollicer, and such attendants as may be considered necessary,
and persons hoL ling written permits from the health or
medicid oflLicer ;
(2.) To remove from any such house or dwelling place thfe
inhabitants thereof, or such of them as may be tit to ro-
Boove, and place them in tents or other good shelter in somB
salubrious situation, until measui-es can be taken for the
cleansing, purifying and disinfecting of such house or other
dwelling place :
(3.) To CXUS9 all wearing apparel, bedding- or other artV
eles capable of conveying the infection, winch have been in
such house or dwelling place, or used by inmates thereof, tD
^ destroyed by fire, except when thorough disinfection
ttiereof has been effected under the supervision of a medical
afficer :
(4.) To regulate the granting of permits for absolutely
necessary intercourse with proscribed districts ;
(5.) And generally to m ikn such other regulations as from
time to tima miy be found necessary to carry out the true
intent ami mianincj of this Ordinance ; all which regulations
shall be forthwith, after the passing thereof, transmitted to
the Lieatinant-Governor, and shill have the force of law
until res2inded by such board or cancelled by the Lieuten-
ant-Governor.
5. In case of emergency, when a boa:d of health may be
unable to communicate speedily with the Lieutenant-Gov-
ernor, ami untd the Lieuienant-Governor's proclamation ia
published in the district, sui^h board of health may publish
a notice declai ing the whole district, for which the board
has jui-isdiction, or such part thereof as may be described
in such notice, infected ; and upon the publication of such
notice the district or part thereof so described shall be held
to be isolated, and all intercourse therewith forbidden, as if
the proclamation named in the first section of this Ordin-
ance had been made ; and in case the said district is exposeJ
42 Infectious Diseases
to any infectious disease then existiiii; jn any place outside
the TeiTitories, to declare in >uch notice that such diseasg
exists in sucli phice, and all jjigress therefrom into the said
district shall be prosciibL'd as ir the pi'ociaination uauied in
the second section of this Or'.linauce had ijeen made.
^. The Lieutenant-Go ernor xnn.y f)om time to time,
and whenever he Sees tit, ;ds<j appoint oie or more health
officer^ in any such district, whose duty shall b(i to inforce
this Ordinance within said district, and the regulations of
the board of health of such district.
T. Any person disobeying any proclamation, or violat-
ing any regulation made under the provisions of this Ordin-
ance, upon con\'iition thereof belore a Justice of the Peace,
chall forfeit and pay such sum not exceeding one hundred
dollars, with costs of prosecution, as such Justice may im-
pose ; and upon failure of pa\'ment thereof be imprisoned
for any term not exceeding three months.
8. Upon the direction of any health officer, or on the
inf(.)rmation of any known person, or upon view of wnvsuch
disobedience or A'iol-ition aforesaid, an}- peace ollicer may
arrest the otfeiider by the authority of this Ordinance and
without an)- further wan-ant con\-e}' him before a Justice
of the Peace as aforesaid to be dealt with according to law.
Insane Persons. > 43
CHAPTER 7.
AN ORDINANCE RESPECTING INSANE PERSONS.
Procedure to apprehend person
charged with beuig insane,
s. 1.
Jusbice of Peace hearing the evi-
dence may postpone enquiiy
and remand person charged,
s 2.
If satisfied person charged is insane
forward to Lieut -Governor
copy of evidence taken, s 3.
If Justice is satisfied peison is noil
insane shall discharge him, s 4.
Justice of Peace shall have power
of compelling attendance wit-
nesses, s 5
Form A. Warrant to aj^prehend.
Justice shall commit by war- j Form B. Warrant to commit,
rant to jail and shall |
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, enacte
as follows : —
1. When an information is laid before a Justice of the
Peace that any pei'son is, or is suspcctxl and believed to be^
insane, such Justice may issue his warrant, in the Form A,
to apprehend such person and cause hiui to be brought be-
fore the same or some otiier Justice of the Peace having
jurisdiction as such in the Territories.
2. Upon the person charged as aforesaid being broughi
before a Justice of the Peace, as in the next preceding seo-
tion provided, the said Justice shall proceed to hear such
evidence under oath as may be adduced with reference to
the alleged insanity of the pri.'-oner, adjourning the enquiry
from time to time, as may be necessary for the purpose, and
remanding the prisoner meanwhile to prison or other safe
custody, in which latter case all reasonable expenses shal
be defrayed from tlie General Revenue Fund.
3. If after hearing the evidence adduced the Justice of
the Peace is satisfied the prisoner is insane, such Justice
fihall commit by warrant, in the Form B, the prisoner to
the gaol at or nearest the seat of Government in the Terri-
tories,'there to lemain until the pleasure of the Lieutenant-
Governor is known. Or until the prisoner is discharged by
law, and shall forthwith make a 3'eport of the ease, iiccom-
panied with a true copy of the information and evidence
44 Insa/m Persons.
taken, to the Lieutenant-Governor, who shall have power, if
he sees fit, to order further enquiries to be made.
4. But in case it appears to such Justice that such
prisoner is not insane, the Justice shall discharge him.
3. The Justice of the Peace, acting under the provisions
of this Ordiuiince, shall have the like authority for compel-
ling the attendance of witnesses as such Justice would hava
under any law or statute in force respecting summary con-
victions.
FORM A.
{Vide Section 1.)
Casada, 'j
V To all or any of the OonstableB or other
North- West Territories, j Peace Officers of the said Territories.
Whereas information upon oath hath this diy been laid before the
undersigned, a Justice of the Peace in and for the
said Territories, that A.B., (or a certain male or female person whose
name is unknown) is insane;
These are therefore to cjmniand you to apprehend the said
and being hira (or her) before ma or some other Justice of the Peaoa
in and hy- th3 Siid Territories, in order that enquiry may be made res-
peoiiug the smity of the said and that he (or she)
niiy be further de:ilfc with according to law.
Given under my hand and seal this day of
L.T). 18 , at in the said Territories.
J.P. [L.S.]
FORM B.
{Vide Section 3.)
Caitaba. 1 To all or any of the Constables or other Peaca
> Oifioers in the said Territories, and to the
North-Wesfc Territories J North- West Mounted Police Force at
or the Keeper of the Common Jail at
Whereas information was laid before mo (or as the case be), a Justice
of the Peace in and for the said Territories, on the oath of
That A B (or as in the information) was insane ; and whereas
esnquiiy has been made by me respecting the sanity of the said
Insane Persons. 45
• and whereas 1
have found and adjudged bhe said to be iiusane ;
These are therefore to ooinmtind you, the said Constables or othar
Pe.iC6 Officers, or any of you, to tike the said and safely
convey to the North- West Mounted PoUoe or to the keeper
of the Oommon Qiol at and to deliver to tha
Police aforesaid, or to the said keeper, together with this Precept; and
I do hereby command the said PoUoe Force, or the keeper of tiie said
Gaol, to receive the said into custody, and safely
keep until the pleasure of the Lieutenant-Qovemf*
be known, or until the said shall be discharged by lays.
Given under my hand and seal this t,^ it""'" day of
A.D. 18 , at in^^the Nprti
West TOTritoriea.
J.P., [I..8J
4t6
Mumicipalities.
CHAPTER 8.
AN ORDINANCE RESPECTING MUNICIPALITIEa
Title, s 1.
Doliiitiiias, 3. .2, sub-seos. 1 to 13 in-
clusive
Incorporation, s. 3.
Head and M'jmbsr of Council, s. 4.
Style of iVLinicipalities, s. 5.
Se;i.l, s. 6.
Arj.i, s. 7.
Erection JSfew Municipalities, s 8
Proclaiming Mrnicipality and Ex-
penses, ss. 9 and 10.
Contents of Proclamation and In-
corporated Powers, s. Hand 12.
Eeturning Officer, s. 13.
Election Clerks, s. 14.
Posting Notices, s. 15
Deputy Returning Officer, s 16.
Qualification of Voters, First Elec-
tion, s 17.
Oaths, s 18
Who may be elected, s. 19.
Proceedings at Subsequent Elec-
tions, s. 20.
Who may vote, s. 21.
Who may be Elected, s. 22.
Who are Disqualified, s 23.
Polling Sub-Divisiuns, s. 24.
Meeting for Nominations, s. 25.
Proceedings at same, s. 26.
Wlien more than required num-
ber nominated, s 27.
Notice, s 2S.
C indidate may withdraw, a. 29.
Ho'irr; cjf Polling, s. 30.
Agent, s 31,
Pule of Voting, s. 32,
O.ith Siib^c(iuent Election, s 33.
Poll Clerk, s :ii.
Ballot, ss 35, 30, 39, 41
Pa^lot r.oxcf., ss .'>7, 33, 42.
Votev.s' Li!'b',, s. 40
Priic'jcdings at the Poll, s. i",
sub-SL'Cs 1 to 14 inclusive.
After (;l()se of Poll, s 44, sub-
s;c'. 1 to 6, inchiKive.
DcolaringRosult, ,, 45 sub-sec. 1.
Clerk to transmit Ballot Box^
and Returns, s. 46.
Oath of Officers, ss 47 and 52.
Destruction of Ballot Papers, s. 4?.
Inspection '• " s. 49. ,
Paymentof Election Expenses, s. 50.
Voters' lists for Wards, s. 51.
Clerk of Municipality to be Ra^
turning Officer, s 53.
First Meeting of Council, b. 54.
Duties of Clerk, s. 55.
Powers of First Council, 8. 56.
Jurisdiction of Council, ss. 57, 59.
Quorum, 8. 58
Licensing Ferries and Bridges
within Municipalities, a. 60.
Extra Powers of Council, a, 61.
Indemnity to Councillors, s. 62.
Appointment of Officers, s. 63.
Term of Office, s. 64.
Tenders for Appointments forbid-
den, s 65.
Security from Treasurer and Col
lector, s. 66.
Penalty, s. 67.
General Powers of Council, s. SSj
sub-sees. 1 to 55 inclusive.
I'enalties, s. 69.
Petition to raise money, a. 70.
I 'ouncillors, s. 71.
Death or removal, s. 72.
Vacancies, s. 73.
Chairman, ss. 74 to 77 inclusive.
Clerk, ss. 78 to 83 inclusive.
Taxation ss. 84 to 87 inclusive.
Exemptions, s. 88, sub-sees. 1 to
11 inclusive.
Rates, ss. 89, 90, 96, 97.
Trustees of School District, a. 91.
Deficiency, ss. 92, 93.
Excess, s. 94.
General Fund, s. 95.
Statute Ltibor, ss.98 tol04inclu3iT9.
AssoKsmout ss 105 to 112 inclusive.
Appeals and Revision of RoU, u.
113 to 120 inclusive.
AIiinicip((lifies.
Collectors and their Unties, ss. 121
to 130 inclusive.
Unpaid taxes, ss. 1.11 to 133.
Distress, s. 134.
Treasurer, ss. l.'>j 135.
Return of OiJlector's Roll, s. 137.
Arrears, ss. 13S to li3
Treasurer, ss. 141 to 144.
Auditor, ss. 145 to 14'-\
Road Overseers, ss. 14-1 to li52.
Yoters' Lists, ss. 153 to 159.
By-laws, ss. 160 to 174 inclusive.
By-Luvs for creating debts, s. 175.
Quashing By-law, ss. 176 to 178
inclusive.
Order for Qnashing By-law, s. 179.
Proceedings stayed, s. 180.
Where illegal, s. 181.
Amends, s. 182,
Not set aside unless corrupt prac-
tice proven, s. 183.
The Lieutenant-Governor,
gon.'ient of the
enacts as follows
Legislative
Corrupt Practice, s. 184.
Intimidation, s. 185.
Expenses, s. 186.
Bribery, s. 187.
Penalty, ss. 188 and 189.
Duties of Judge, s. 190.
Duties of Clerk, s. 191.
Witnesses, ss. 192, 1'I3.
(Jiia l\',irnni!:>. k. 1')4.
C ontroverted J'iLjctions, ss. 195 to
215 inclusi?'j.
Sale of Land for Taxes, ss. 21C to
2.J('>.
Execution against Municipalities,
ss. 237 til 238.
Arbitrations, ss. 239 to 256.
Oaths and Declar.itions under Or-
dinance, ss. 207 to 260 inclusive.
Penal Clauses, ss. 261 to 266 inclu-
sive.
Towns, ss. 2ii7 to 277 inclusive.
by and with the advice and
Assembly of the Territories,
! . This Ordinance may be cited as " The Municipal
Ordinance."
t. Unless the context otherwise requires, —
(1.) " Municipality " means any locality, the inhabitants
of which are continued incorporated or become so under
this Ordinance ;
(2.) " Council " means the Municipal Council ;
(3.) " Mayor " means the head of the Council of a town
Municipality, and " Chairman " means the head of tha
Council of every other Municipality, or the person filling for
the time being that position or that of Mayor;
(4.) " Land " or " lands," '' real estate," " real property,"
respectively includii.s lands, tenements and hereditaments,
or all rights thercfco or interest therein ;
(5.) '' Elector " means any person entitled for the time
feeing to vote at any municipal election or in respect of any
by-law in the municipality, ward or polling sub-divisions, as
the case may be ;
(6.) " Owner " or " Proprietor " means a person who has
the ownership or use of any taxable pi-operty, or has an
ngreement for the purchase of the same ;
48 Municipalities.
(7.) " Householder " means the occupier of a house, but
shall not mean nor include any person who is a mere lodger
or boarder in a house ;
(8.) " Occupant " means a person who possesses, holds ot
occupies any land under any title whatsoever, or even with-
out a title, or is occupying lands of the Crown under any
style of location, agreement or tenure whatever;
(9 ) " Lot " means one of the sub-divisions into wMch a
piece or parcel of land has been divided, for purposes of
Bale, into smaller parcels, including the buildings and other
improvements thereon;
(10.) " Revised Assessment EoU " means the assessment
roll as finally passed by the Court of Revision and certified
by the Cleik, except in so far as tho same may be furthesr
amended on appeal to a Judge of the Supreme Court ;
^11.) " Taxable person " means —
(a.) Any person leceiving an annual income, or the owner
of any personal property not exempted from taxation ;
(&.) The owner of lands not exempt from taxation, where
the same are occupied by the owner or unoccupied ; other-
wise the occupant ;
(12.) " Judge " means a Judge of the Supreme Court of
the North- West Territories, usually exercising jurisdiction
in the Judicial District in which the Municipality is sit-
uated ;
_ (13.) " Highway," " Road," or " Bridge," means a public
highway, road or bridge' respectively.
MUNICIPALITIES CONTINUED.
S. The inhabitants of every municipality incorporated
previous to the commencement of this Ordinance shall con-
tmue to be a body corporate under its existing name, sub-
ject to the provisions of this Ordinance.
4. The head and members of the Council, and the offic-
^P' }^J-}^^^; contracts, property, corporate seal, assets and
liabilities of every municipal corporation, when this Ordin-
ance takes eflect, shall be deemed the head and members of
the Council, and the officers, by-laws, contracts, pioperty,
corpoiate seal, assets and lialjilities of such corporation, as
contmutd under and subject to the provisions of this
Ordinance.
Municipalities. 48
STYLE OV JIUNICIPALITIKS. ,
5. The name of every body corporate erected under thici
Ordinance shall be the Municipality of (liis/'rting the. nmae,
of the hiwnicipality.)
SEAL. ' ■
C Eveiy Municipality continued or erected under tjiis
Ordinance t-hall have a corporate seal, which .shall be in tae
custody of the Clei'k of the Municipality, and said seal
shall be chosen by a res(jlution of the Council.
AREA OF MUNICIPALITIES.
T. Each Municipality, of not more than four hundred
Square miles, shall be entitled to and elect five Councillors,
and each Municipality of more than four hundred square
miles shall be entitled to and elect seven Councillors. '
ERECTION OF NEW MUNICIPALITIES.
8. In any part of the Territories not comprised within
the limits of an existing Municipality, any number of male
British subjects, over twenty-one years of age, who have
been owners or householders in the area, not being less thaii
two hundi-ed square miles, proposed to be established as a
Municipality, for a period of three mouths U(3xt preceding
the date of the petition, may by petition, in the form A of
the Appendix to this Ordinance, request the Lieutenant-
Governor to erect such area into a Municipality.
But this section shall not apply to the incorporation oi"
Town Municipalities.
9. Upon proof by affidavit in the form B of the Appendix
to this Ordinance that at least two-thirds of such persons
have signed such petition, and that public notice^ in form C
of the Appendix to this Ordinance, of such intended appli-
cation, signed by three of the petitioners, has been posted Ib
three different places within the proposed area, for at least
two weeks previous to the receipt of the petition by the
Lieutenant-Governor, and no opposition being offered, and
there appearing no just or reasonable ground for refusing
such incorporation, the Lieutenant-Governor shall proclaiiB
the area a Municipality by the name proposed or some other
suitable name. But if such petition be disputed by any
50 MunicvpalitieK
person entitled to petition as aforesaid, within such area, on
affidavit, stating the facts, or if it appear to the Lieutenant-
Governor that the proposed boundaries of such Municipahty
are objectionable for any cause, then the Lieutenant-Gov-
ernor shall refer the petition and all matters connected
therewith to the Legislative Assembly.
I®, The sum of one hundred dollaj'S shall accompany
every petition for incorporation, and such sum shall be used
to defray the expenses attending the erection of the Muni-
cipality, and any portion not expended for such purpose
shall be, by the Lieutenant-Governo)-, paid to the Treasurer
of the Municipality when formed.
II. Such proclamation shall set forth the townships and
ranges or parts thereof and lots in special survey included
in said Municipality and the name of such Municipality.
\%. From and after the issiiing of a proclamation erect-
ing a Municipality, the inhabitants of such Municipality
shall become a body corporate, under the provisions of this
Ordinance, capable of suing and being sued, and of acquir-
ing, holding and conveying every description of property
under the name of such Municipality.
FIRST ELECTIONS.
13. After the issue of the proclamation, the Lieutenant-
Governor shall by order appoint a Returning Officer to hold
the first election for Councillors, and in case of his death
or refusal to act, appoint another.
14. The Returning Officer so appointed shall appoint an
Election Clerk, who shall ha\'e the powers of such Return-
ing Officer in case the Returning Officer becomes unable from
any cause to perform the duties of his office.
15. The Returning Officer shall, immediately upon re-
ceipt of the order appointing him, endorse thereon the time
of its receipt, and shall within one weok therenfter issue and
post up, in at least six conspicuous places within the limits
of the Municipality, and not less than six days previous to
the day fixed for nomination, calling for an election of the
Mu?iicipalities. 51
first CouQcillors thereof, a notice, in form D of the Appendix
to this Ordinance.
16. The Returning Officer shall appoint a Deputy Re-
turning Officer for each polling place within the Munici-
pality, and each Deputy Returning Officer may appoint a
Poll Clerk.
1 7. All men, unmarried women and widbws, being Britisli
subjects over twenty-one 3-ears of age, who have been own-
ers or householders within the Municipality for a period of
not le-s than three months next preceding the day of vot-
iniT, shall be entitled to vote at first elections.
1 8. At the request of anj- candidate or his agent, or any
voter, the following oath shall be administered by the
Deputy Returning Officer to any person tendering liis vote
at such first election :
You do soleiiinly swear that you are a British subject over twenty-
one years of age ; that you have been an owner or a householder (as
the cane tmy be) in this Municipality for a period of not less than three
months ne\t preceding this date; and {if a wim,aii) that you are un-
married or a widow.
19. Any person residing in the Municipality and qualified
to vote at the first election and not other-wise disqualified
under the provisions of this Ordinance may be elected at
such first election.
?^0. In other respects the proceedings at such first elec- '
tion, and the duties of Returning Officer, Deputy Returning
Officer and Poll Clerk, relating thereto, shall substantially
conform to the proceedings at subsequent elections for
Municipal Councillors.
SUBSEQUENT ELECTIONS.
31. The persons qualified to vote at any election for
Municipal Council'ors after the first election shall be the
men unmarried women and widows, being British subjects
over'tvv>nty-one years nf age, who are assessed upon the
last revise<i assessment roll of the Municipality for real
pro')orty, held in their o;.vn right {ui\ in the case of married
men, held by their luives) or for income or personal property,
52 Mionlcipcdifief:.
for two hundred dollars or upwards, and whose names ap-
pear on the voters' list founded upon such roll ;
Provided always that a Municipality may hy by-law,
declare that no person shall be' entitled to vote, who has not
on or before a day to be named therein paid all taxes in
arrear, due by him to such Municipality.
'i2. After the first election, the pui'sons qualified to be
elected as Councillors shall be the male British subjects over
twenty-one years of age, residing in tlic Municipality, and
having at the time of the election, either in their own right
or the right of their Avives, as owners or tenants, a legal or
equitable freehold or leasehold, or partly- freehold and part-
ly leasi-hold, or partly legal and partly equitable, I'ated in
their own names on the last revised assessment roll of the
Municipality to at least the \alu(_* of four hundred dollars,
and who are not otherwise dis([ualified uiHic]- the provisions
of this Ordinance.
JJ3. The following persons are (lisi|ua]itipd foi- election as
Councillors : —
(1.) Judges, -Sheriffs, Deputy Slieriffs and Clerks of
Courts ;
(2.) Officers of the Dominion and North-West ({o^-ern-
ments, ami officers of the ilunicipality ;
i-l) Persons haA'ing by themselves < a- jointly with others
an interest in any contract \vith oi- on lielialf of the Munici-
pality ; and perscms lir.ving uiisetoled or dispiited claims
against the Municipality : Provided that such disqualiiica
tion shall not include shareholders in an incorporated or
joint stock company having dealings or contiacts with the
Municipality, bnt no such shareholder, if elected, shall vote
in the Council on any (|uestion affecting the Company of
which he is a shareholder. f
34. The Council shall at least one week prior to the last
Monday in December, by by-law, appoint a Returning
Officer for the Municipality, define the districts or sub-divi"
sions within the Municipality, or within the wards, if the
Municipality be divided into wards, where votes are to be
polled,_and appoint a Deputy Returning Officer for each
such district or sub-divisiim.
35. The Returning Officei- shall, bv notice, in the form E
Mwiiii: ipal U u'8. 53
of the Appendix to this Ordinance, posted up in ten conspic-
uous places within the Municipality, and at least six days
previous to such meeting, call a meeting of the electors
within the same on the last Monday in December, for the
purpose of nominating the required number of Councillors
for the term commencing on the first day of January fol-
lowing.
HG. At the time and place named in the notice the
Returning Officer shall declare the meeting open for the
purpose of receiving nominations, and any person whose
name appears on the last revised assessment roll may pro-
pose or second the nomination of any duly qualified persons
to serve as Councillors, and the meeting shall remain open
until noon, when, if the number of duly qiialitied persons
nominated to serve as Councillors for the Municipality, or
ward, if the Municipality be divided into ^\'ards, do not
exceed the number of Councillors to be elected, the Return-
ing Officer shall declare the persons so nominated duly
elected Councillors for the Municipality, or ward, as the
case may be.
^JY. In the event of more than the i-equired number of
such persons being nominated for the Municipality or for
any one or more of the wards, in case the Municipalitj' is
divided into wards, the Returning Officer shall declare that
a poll will be held in such Municipality or ward, and name
the time (which shall be the same day of the week as the
nomination, in the next following week), the place, and the
Deputy Returning Officer or Deputy Returning Officers, as
the case may be, appointed to hold the same, and the time
and place where tlie result of such poll will be declared.
'iS. Whenever a poll has to be taken, the Returning
Officer shall without any unreasonable delay after the nom-
ination, cause, to be posted up in at least ten conspicuous
places within the Municipality, if not divided into wai'ds,
or if divided into wards, at least two in each such ward, as
the case may be, a notice in the Form F of the Appendix to
this Ordinance.
3J). Any candidate nominated may withdraw at any
time after nomination and before the close of the poll on
polling day, by filing with the Returning Officer or Deputy
54 Municipalities.
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 Not-
ary Public, and any votes cast foi' any such candidate shall
be null and void.
30. The poll shall be kept open froui nine o'clor-k in the
forenoon until five o'clock in the afternoon of tie same day,
and no votes at such election shall be received after the last
named hour.
31. Any person producing to the Deputy Returning
Officer, at any time, a written authority to represent a can-
didfite as agent at a polling place, shall be recognized as
such by tlie Deputy Returning Officer.
33. Any voter may vote for as many candidates as there
are Councilloi's required to be elected at such election, but
he shall not vote for any greater number, nor shall he vote
more than once for the same candidate.
33. At the request of any candidate or his agent, or of
any voter, the following oath shall be administered to any
person tendering his vote at such election :
You do solemnly swoar that you are the person named orpurporting
to be named by the nurae of on the vot rs' list now
shown to you, that you have not before voted at this election or {if the
Munirpniity is divided into loards) in this ward, and that you have not
received or been pi omised any consideration whatsoever for votin;^ at
this election and (if the Mimioipnliti/has passed aby taw requiring all per-
-Sims to havi' paid their taxes to entitle them to w4e) that you have paid
all taxes in arrear due by you to the Alunioipality of
34. Every Deputy Returning Officer may by writing
under his hand appoint a Poll Clerk, who, in the absence of
.such Deputy Returning Officer, or on his failure or inability
CO fulfil the duties required of him l)y this Ordinance, shall
have all the powers of such Deputy Returning Officer.
BALLOT.
35. The \'otes at all elections shall be given by ballot, in
the manner hereinafter set forth.
36. Every ballot paper shall contain the names of the
Municipalities. 55
candidates, alphabetically arranged, and all ballot papers
shall be as in Form G of "the Appendix to this Ordinance. '
3 '3. The Returning Officer shall procure, or cause to be
procured, as many ballot boxes as there are polling sub-'
divisions in the Municipality, and cause to be printed ti
sufficient number of ballot papers for the purposes of the
election.
38. The Returning Officer shall, at least two days before
polling day, deliver one of the ballot boxe'< to each Deputy
Returning Officer.
39 The Returning Officer shall, before the poll is opened,
cause to be delivered to every Deputy Returning Officer the-
ballot papers, materials for marking the ballot papers, and ■
a sufficient number of printed directions for voting, in Form
H of the Appendix to this Ordinance.
40. At elections subsequent to the first, tne Clerk of the
Municipality shall supply to each Deputy Returning Officer,
before the opening of the rtoll, a voters' list, in Form I ot
the Appendix to this Ordinance, containing the names of
all the electors at that polling sub-division.
41. Every Deputy Returning Officir shall provide a com-
partment at the polling place to which he is appointed^
where the votei's can mark their ballots screened from ob- ;
servation, and may appoint a constable to maintain order ■
at the polling place.
43. Every Deputy Returning Officer shall, immediately
before the commencement of the poll, open the ballot bos
and call such persons as may be present to witness that it
is empty ; he shall then lock and properly seal the same to
prevent its being opened without breaking the seal, and
then place the box in vie-w for the receptio)! of the ballots.
The seal shall not be broken nor the box unlocked during
the time appointed for taking the poll.
43. Proceedings at the poll shall be as follow ;
(1.) On a person presenting himself for the purpose of
votin"-, the Deputy Returning Officer shall ascertain thai
the name of such person is entered, or pui-ports to be
!5B Mimici'palitieii.
entered upon the voters' list of his polling division. _
(2.)i If such person takes the oath or afRi-mation pre-
iscribed hj this Ordinance, the Deputj' Returning Officer
shall cause to be entered opposite the name of such person
•in the proper column of the voters' list, the word " Sworn"
dr. " Am'rmed," according to the fact.
(3.) When such person as aforesaid has been required to
iake the oath or affirmation prescribed by this Ordinance,
and refuses tri tal^e the same, the Deputy Returning Officer
shall cause Jbo b.^ entcjcd in the proper column of the voters'
fiat, opposite the name of such person, the words " Refused
So be sworn " or " Refused to affirm," according to the fact.
(ff .) No person who has refused to take the oath or affirm-
Oition prescribed hy this Ordinance, when requested so to
d'o;. shall receive a ballot paper or be admitted to vote.
i^^. When the vote is objected to, the Deputy Returning
Officer shall cause to 1 lo entered in the proper column of the
voters' list, opposite the voter's name, the words " Objected
I)" and shall add tliereto the name of the candidate by
wliom or on whoso behalf the objection is made.
(5. ) After the propei- entries respecting a person claiming
60> vote have been made in the voters' list, in the manner
prescribed, tlie Deputy Returning Officer shall stamp or sign
♦iis initials upon the back of the ballot paper, and shall de-
liver the same to such persoj;.
(6.) The Deputy Returning Officer may, and upon request
.•shall, either pei-sonallv or through his Poll Clerk, explain to
Vug voter, as concisely as possible, the mode of voting.
^;) The Deputy Returning Officer shall cause' to be placed
ill the proper column of the voters' list, a mark opposite the
■name of every vrtter receiving a ballot paper.
(8. > OnlyoDo pei-son claiming to be entitled to vote shall
h:V allowed at a timt.' iu the appartment, where the election
.-held.
(9.) Each pei'scm recei^'ing a ballot paper shall forthwith
|vi:oceed into the compartment provided for marking ballots,
and shall mailc his Ijallot paper hy placing a cross opposite
'the name of the eanditate or candidates for whom he desires
to vote; he rshall then fold the ballot paper so as to conceal'
th-C names of the candidates, and the mark.-, on the face of
the paper, but so as to expose the initials of the Deputy
f^eturning Officer, and on leaving the compartment shall
forthwith and without exposing the face of the ballot paper
lo 'anyone, O'r in any other manner making known to any
Mnvicixialities. 57
person for or against wliom he has voted, deliver the same
to the Deputy Returning Officer, who shall, without unfold-
ing it, verify his own initials, and at once deposit it in the
ballot box in the presence of all other persons entitled to be
and then present in the polling place.
(10.) While any voter is in the compartment for the pur-
pose of marking bis ballot paper, no other person shall be
allowed in the same compartment, or be in any position
from which he can see the manner in which such voter
marks his ballot paper, except as hereinafter provided.
(11.) In case any elector states he is unable to mark his
ballot paper : —
{a.) The Deputy Returning Officer shall, in- the presence
of the candidates or their agents present, if requirecl by any
candidate or agent, administer an oath to such elector that
he is unable to mark his ballot paper, and shall then cause
the vote of such elector to be marked as he directs, and
shall then place the same in the ballot box ; and
(h.) The Depiity Returning Officer shall state, in the
voter.s' list, opposite the name of such elector, in the column
for remarks, the fact that the ballot paper was marked by
]\im at the request of the voter, and why.
(12.) Any elector, wdio has spoiled his ballot paper in
marking it, and discovers the fact before it has been placed
in the ballot box, may, on returning the same to the Deputy
Returning Officer, and proving the fact to him, obtain
another ballot paper, and the Deputy Returning Officer shall
mark upon the face of the ballot paper so returned the word
" Cancelled," and all ballot papers so marked shall be pre-
served by th(> Deputy Returning Officer, and Ijy him re
tui'ned to the Retui'ning Officer in the manner hereinafter
provided.
(13.) Any person, who has recei\ed a ballot papei- and
who leaves the polling place without delivering the same to
the Deputy Returning Officer in the manner herein provid-
ed, or if, after delivering the same, refuses to vote, shall
forfeit his right to vote at the election then pending, and
the Deputy Returning Officer shall make an entry in the
voters' list, opposite the name of such person, in the column
for remarks, that such person received a ballot paper and
did not return the same, or that the person returned the
ballot and declined to vote, and in which latter case the
Deputy Returning Officer shall mai-k iipon the face of the
ballot paper the word " Declined," and all, ballot papei-s so
58 Mionicipalities.
marlced shall be picserved by the Deputy Returning Officer,
and by him returned to the Returning Oificer in the manner
hereinafter pi'ovided.
(14.) Any Deputy Returning Officer, Candidate, Agent or
Poll Clerk who belongs to a polling division other than the
one in which he is performing the duties of such, may vote
at the polling station where he is so engaged, provided he
produces a certificate from the Clerk of the Municipality
that lie is a qualified voter within the same.
44. Immediately after the close of the poll the Deputy
Returning Officer shall, in the presence of the Poll Clerk, if
thei'e be one, and such of tlie candidates, with their agents,
(of whom there shall not be more than two for any can-
didate), as may be present, open the ballot box and proceed
as follows :
(1.) He shall examine the ballot papers and reject all
those on the back of which his initials are not found or on
which more votes are given than the elector is entitled to
give, or on which anything appears by which the voter can
be identified, and any ballcjt paper on which votes are given
for a greater number of candidates for any office than the
voter is entitled to vote for, shall be void as regards all can-
didates for said office ;
(2.) Take a note of any objection made by any candidate
or his agent to any ballot pape? found in the ballot box and
decide on any question arising out of the objection ;
{'Pi.) Number such objection and place a corresponding
number on the back of the ballot paper with the word
" allowed " or " disallowed," as the case may be, with his
initials ;
(4.) Count the votes given for each candidate from the
ballot papers not rejected and make a written statement of
the number of votes given to each candiilate and of the
number of ballot papers rejected and not counted by him,
which statement shtill be then signed by him, and such
other persons authorized to be present as may d^ sire to sign
the same ;
(o.) The Deputy Returning Officer shall then certify
under his own hand in full words on the voter's li'^t the
total number of persons, who ha\-e voted at the polling
place at which he is appointed, and make up into ,'^eparate
packi^ts : —
Municipalities. 59
(«.) The statement of votes given for each candidate and
of the rejected ballot papery ;
(b.) The used ballot papers, which have not been objected
to, and which have been counted ;
(c.) Tlie ballot papers which have been objected to, but
which have been counted ;
{d.) The rejected ballot papers ;
(e.) The declined and cancelled ballot papers ;
(f.) The voters' list ;
Which packets, closed up and sealed with his own seal and
with the seals of any peisons present desiring to^affix their
seals thereto, and marked on the outside with a memoran-
dum de-ignating their res[)ective contents, shall by the
Deputy Returning Officer be transmitted foithwith to the
Returning Officer ;
(6.) Every Deputy Returning Officer, upon being request-
ed so to do, shall give to the persons authorized to attend at
his polling place, a certificate showing the total number of
votes cast at his polling place for each candidate, and the
number of rejected ballot papers.
45. At the time and place fixed for declaring the result
of the election, the Returning Officer shall open the packet
containing the statement of the number of votes given for
each candidate, and shall publicly declare elected the candi-
date or candidates who have received the highest number
of votes, and shall deliver or forward to each candidate a
certificate of his election, showing the total number of votes
cast for each candidate and those declared elected by him ;
(I.) In case it appears that two or more of the candidates
have an equal number of votes, the Returning Officer shall,
at the time he declares the result of the poll, give a vote for
one or more of such candidates, so as to decide the election,
and except in such case the Returning Officer shall not vote.
GENERAL PROVISIONS.
4C After the election, the ballot boxes, packets and re-
turns shall be tran.smitted to the Clerk of the Municipality,
or if it be a first election, then to the Returning Officer and
by him delivered into the custody of the Clerk, so soon as
one is appointed. The Clerk shall be responsible for their safe
keeping and for their delivery when required.
00 Municipalities.
41. Every Rb turning OfBccr, Deputy Returning Officer,
Poll Clerk, Candidate or Agent authorized to be present at
any polling places shall, before exercising any of the func-
tions of such Returning Officer, Deput}' Returning Officer,
Poll Clerk, Candidate or Agent at any polling place, take
and subscribe liofore a Justice of the Peace or the Clerk of
the Municipality an oath in ioxva as follows : —
" T, A B., do swear that I will not at any time disclose to any one
the name of any person who has voted at the election to be held in ,the
Municipality of the A D. 18
and that I will not unlawfully attempt to ascertain the candidate or
candidates for whom an elector has voted, and will not in any way aid
in the unlawful discovery of the same and that I will keep secret all
knowledge which may come to mo of the person for whom any elector
has voted. So help me frod.
48. The Clei-k of the Municipality, having retained for
tliree months all ballot and other papers transmitted to him
as aforesaid, shall then destroy the same, unless otherwise
ordered by a Court or Judge of competent jurisdiction.
4J). No person shall be allowed to inspect any ballot
papers or other documents or papers other that the voters'
list used at an election in the hands of the Clerk, except
under the order of the Court or Judge as aforesaid, which
order shall state the time and place for inspecting such
papers and name the persons present thereat.
50. All reasonable expenses incurred at any election
under this Ordinance shall be jDaid by the Municipalitj^ upon
production of accounts verified as the Council of said Muni-
cipality may direct.
51. In case a Municipality be divided into wards, the
voters' list for each ward shall contain the names of only
those persons who are entitled to A'ote in such ward.
53. Every Returning Officer, Deputy Returning Officer,
and Poll Clerk shall, before entering upon the duties of his
office, make and subscribe before a Justice of the Peace or
Notary Public the following oath, that is to say :
I do solemnly swear that I will truly, faithfully and to the hest of
my knowledge and ability perform the duties of the office of (here
name the oJtioe) to wliich I have been appointed for the Municipality
of So help me God.
Municipalities. 01
And .such oath sliall forthwitli lie traiisniitti'd to the Uo
turning Officer.
53. The Cleric of the Municipality shall lie, excejit as
hereinbefore provided or unless otherwise directed by by-
law of the Council, Returning Officer of the Municij)ality ;
and any Returning Officer may exercise and perforin the
powers and duties of a Deputy Returning Officer at any (jne
polling place in the ilunicipality to l^e selected by such
Returning Officer or as directed liy the Coimcil.
COUNCILS.
DUTIES .VXD I'DWERS.
54. The first meeting of the (Jouncil so elected shall be
held on the third Monday in Januaiy in each year and the
Council of the previous year shall hold office up to the first
meeting of the new Council, notAvithstanding the fiscal yeai-
expires on the thirty-first day of December in each year,
&:v\ in case of neglect or refusal of the electors in a Muni-
cipality to elect a Council, as hereinbefore provided, until a
new Council is appointed under the provisions of this Ordi-
nance.
55. At the first meeting of the Council, except in the casi;
of a newly erected Municipality, the Cderk of the said
M.unicipalitj' shall att(!nd, and li.ning received from the
Councillors elected for the tlieu cui'i'eut r-erm their certifi-
cates of election c.nd oaths of office, shall preside as chair-
man at such meeting, until the said Councillors, by open
vote, have elected a chairman, and in case of a tie the Clerk
.shall give a casting vote.
In the case of a newly erected Municipality, the Return-
ing Officer, appointed to hold the first election of Councillors
.shall perform the duties of this section imposed upon the
Clerk of the Municipality.
56. The first Council, if elected at any time after the
first Monday in January, may, by resolution or by-law, alter,
extend or curtail the time within which, or at, before or
after which, any act, privilege or duty is required to be done,
exercised or performed by such Council, or any of its
officers or any other person.
51. The jurisdiction of each Council shall be confined to
62 Municipalities.
the Municipality for which it is elected, unless authority is
given otherwise by Law, anil the powers of every Munici-
pality, shall be exercised by the Council.
58. A majority of the Council shall be a quorum at any
meeting, but 'ivhen the Council consists of only five mem-
bers the concurrent votes of at least three shall be necessary
to carry anj- resolution or other measure.
59. Every Municipality shall have jurisdiction over all
highways within the same, and the Lieutenant-Governor
may give a Municipality jurisdiction over any highway,
bridge or stream dividing Municipalities, or adjacent there-
to when not dividing Municipalities, and may determine
what portion of highway, bridge or stream dividing Muni-
cipalities, shall be within the jurisdiction of each.
ttO. Municipalities may control and license Ferries and
Bridges erected or authorized by them within their juris-
diction and pass by-laws allowing the collection of tolls
thereon for periods not exceeding five years.
61. Every Council may make regulations and by-laws —
not provided for by this Ordinance and not contrary to Law
— for governing its proceedings, calling meetings, the con-
duct of its members, appointing committees, and generally
such regulations as the good of the Municipality nvaj re-
quire, and may i-epeal, alter and amend its own bj'-law.s,
except where l)y-laws are made for the purpose of raising
money, levying assessments or striking rates.
<»3. Every Council may pass a by-law for paying the
members thereof, which shall in no case exceed the sum of
one dollar and fifty cents per day and ten lents for every
mile necessarily travelled co.niug to or attendiiig the busi-
ness of fclie Council, provided that the number of days for
which each Councillor shall be paid during the year for
which he is elected shall not exceed ei^ht.
63. The Council of every Municipality shall, so soon as
may be convenient after the ;inuual election, appoint as
many assessors and collectors for the Municipality as may
be necessary, also a treasurer and auditor or auditors ; and
Municipalities. 63
may from time to time appoint road overseers, pound-keep-
ers and constables.
{'2.) If more than one assessor or collector be appointed,
the Council shall assign to such assessors and collectois the
district or districts within which thty shall act.
04. All Municipal Officers, as aforesaid, shall hold office
until lemovcd by the Council, or as expressed in their ap-
pointments.
65. No Municipal Council shall make any appointment
to offi -e or arrangement for the discharge of -the duties
thereof by tender or to applicants at the lowest remunera-
tion.
<»€. The Municipal Council, in addition to defining the
duties of its ofHcers, shall exact security from the treasurer
and collector and such other officers as they may deterniine,
for the faithful performance of their duties, and it shall be
the duty of every Council at its first meeting, or within a
reasonaole time thereafter, to examine and renew the securi-
ties given by its officers.
6T. Municipal officers shall be liable for their acts, and
for damages arising from their refusal or neglect to dis-
charge their duties to the muniLipality, in addition to
penalties imposed by violation of any of the provisions of
this Ordinance.
68. The Council of every Municipality may pass by-
laws for : —
(1.) The raising of its revenue by assessment on real and
personal property and income ; authorizing the Chairman
and the Treasurer to borrow from any person, or bank, or
corporation, such sum of money as may be required to meet
the expenditure of the Municipality until such time as the
taxes levied therein can be collected, and the collection and
expenditure of the same ;
(2.) The prevention of cruelty to animals, not being in-
consistent with any Statute or Ordinance in that behalf ;
(3.) Granting aid to Agricultural Societies ;
(4.) The prevention or removal of abuses prejudicial to
agi'iculture not otherwise provided by law ;
(o.) The relief of the poor ;
64 Municipalities.
(6.) Appointing policemen, watchmen and patrols, and
regulating and defining their duties ;
(7.) Remunerating its officers.
(8.) The encouragement of the planting of treeis on
prairie lands, or highwaj^s or other public places; and re-
muneration for the same Ijy commutation of statute labor
■or otherwise :
(9.) Taking the census of the Municipality ;
(10.) Public morals, not otherwise provided for by Law ;
(11.) Public health; the creating of a board of health and
defining its duties ;
(12.) Sub-dividing the il unicipalit \- into Wards, and pro-
viding for the election of one or more Councillors for each
ward ; but no Council shall have power to sub-divide the
Municipality into wards, unless the members thereof have
bec'U elected on a revised assessment roll ;
(13.) Laying out, opening changing, closing, building,
extending and maintaining highways, roads, bridges, streets,
alleys and by-ways, and to expropriate lands therefor ;
(14.) The erection of halls, lock-ups, weigh-houses, mar-
kets and such buildings, as may be beneficial to the Munici-
pality, and to expropriate lands therefor ;
(15.) Tlie establishment and regulation of public markets
a,nd imposition of penalties for light weights,short measure-
m(;ut and anj' breaeli of contract in public markets, and
restraining selling on the sti-cets ;
(16.) E^tnljlishing Municipal scales for weighing or
measuring, and compelling the wcigliing or measuring
thereon or thereby of anything sold by weight or measure-
ment in the public market, and establishing and regulating
the fees to be paid for weighing or measuring on such
scales, and compelling dealers in coal to weigh upon such
scales all coal sold by them, if re<iuested so to do by the
purchaser, at the purchaser's expensu ;
(17.) Purchasing, controlling, erecting or establishing
parks and cemeteries ;
(18.) Erecting lamp posts and lamps, and providing for
lighting the Municipality or parts thereof ;
(19.) Making and regulating the use of public wells, '
cisterns and reservoirs ;
(20.) Pi,egulating the size and number and construction of
doors in churches, theatres and halls or other buildings used
for places of public worship, public meetings or places of
amusement, and the street gates leading thereto, and also
Municipalities. 66
the size and structure of stairs and stair railings in all such
buildings, and the strength of beams and joists and their
supports ; , '
(21.) Controlling a;nd constructing sewers, drains, ditches
and water courses, and regulating and preventing the ob-
struction of the same ; building and repairing sidewalks,
preventing the leading, riding or driving of cattle or horses
thereon, and conipelling persons to remove and clear away
all snow, ice and dirt and other obstructions from the side-
walks adjoining the premises owneil or occupied by them;
(22.) Building waterworks and regulating the same, bnt
not granting exclusive privileges for the same ;
(23.) Authorizing any corporate Gas or Water or Gas
and Water Company" to lay down pipes or conduits for the
conveyance of gas and water or both,' under streets, squares,
and other public places, subject tO sijcb regulations as the
Council may make ; .
(24.) Contracting with anj^ Water Works or Water Com-
pany for a supply of v,-ater within the Municipality for .fire
purposes and other public uses from hydrants or otherwise,
as may be 'deemed advisable, and for the renting of any-
such hydrants for any' number of years not in the first in-
stance exceeding ten, and renewing any such contract froln
time to time for such period not exceeding ten years as such
Council may desire, and every such Council shsill also have
power to purchase hydrants netessary for any of the pur-
poses or uses aforesaid, and also to eiect the same; and
purchasing or renting for a term of years or otherwise fira
apparatus of any kind, and fire appliances and appurten-
ances belonging thereto respectively ;
(25.) Compelling the removal of dirt, filth, dust or
rubbish off the highways, streets, lanes, alleys or by-ways
by the party depositing the same, or by the owner ■ or oB-
cupant before whose property it is, or in default, removing
the same at his expense ; compelling the lemoval of any-
thing deemed dangerous to the lives of the inhabitants ;
preventing and regulating the construction of privy vaults
and water closets, and providing for keeping the same in a
proper state of cleanliness and repair ; preventing or regm-
lating the erection or continuance bf slaughter houses, gas
works, tanneries, distilleries or other manufactories or trade?
which may prove to be nuisances ; and preventing and
abating nuisances generally ;
(26.) Preventing the incumbering of streets or other
66 Municipalities.
igmhUc- places by vehicles, agricultural implements, Ivimber
aad other articles ;
(27.) St'gnlating the rate or pace of riding or driving
witliiH the MJoidcipality or any part thereof ;
|28.) Eegolafcing the keeping and transporting of gnn-
j^vder aad other combustible or dangerous materials ;
(29.) Preventing the defacing of private or other property
by piinfced or other notices ;
(30.) Eegulatrng the rate or pace of ridini^r or driving on
fejridges, and the number of horset., sheep oi' cattle to be
•rossed thereon ;
(SI.) licensing, regulating and governing tr£tnsienfe
traders, and other persons who occupy piemises in the;
Municipality for temporary periods and whose names have
Kct been dt5y entered on the assessment roll in respect of
isefiRie or personal propeity for the then current year ; and
iox fixing the sum to be paid for a license for exercising
any one all such calh'ngs within the Municipality, and the
*iiie the Eeense shall be in force ;
' S2 ) LLcenaing hawkers, pedlers, billiard, pool and baga-
fedli* tables, and bowling alleys, porters, water dealers, or
•wrriers, or common carriers, draymen, hackmen, omnibna
^vers and guides and regulating the same ;
(SS.) L'« ising or prohibiting shovirs, circuses, theatres w
caravans :
^4).) Licenang livery stables, sale stables, refreshment
Souses, public boarding or lodging houses, hotels and placea
•f public resort or accommodation or amusement and private
fearding or lodging bouses wliere at least four boarders or
Ifedgers are kept ;
(35.) Bestraining and regulating the running at large of
&g^, and imposing a tax on the owners, possessors, or
llarbourers of dogs; and killing dogs running at large ;
(SG.) Eiegulating the assize of bread, and preventing the
.^e of delefeeriou,-i materials in making bread, and provid-
mg for the seizure and forfeiture of bread made contrary
Hwixeto ;
(37.) Allowing a rebate on all taxes paid before a time to
Is named in the by-law ;
,, (38.) Exemption from taxation for the then current year;
(39.) Exemption from taxation for a longer period than
,.«Be year subject to ratification, as hereinafter piovided ;
^40.) Granting bonuses to manufactories, mills, railways,
Munici-palities. 67
or any works o£ a public nature, subject to ratification by
the ratepayers as hereinafter pro\ided ;
(41.) Building, owning, or operating grist mills, elevators
and manufacturing establishments, subject to ratification, as
hereinafter provided ;
(42.) Preventing the spread of prairie fires within the
Municipality ;
(43. ) Establishing a fire department, appointing the officers
thereof, regulating and providing their remiiiieration, and
prescribing their duties ;
(44.) Providing protection from fire by the purchase of
engines and equipment ;
(45.) Compelling the inhabitants to assist and aid in the
extinguishment of fires ; pulling down and razing buildings
in the vicinity of tireS, for the purpose of preventing the
apreadino- of the same ;
(46.) Regulating fire districts ;
(47.) Regulating the erection of buildings and preventing
the erection of wooden buildijigs or additions thereto and
wooden fences in specified parts of the Municipality and
prohibiting the ei ection or placing of building,--, other than
with main walls of brick, iron, concrete or stone, and roofing
of incombustible material, within defined areas of the Muni-
cipalitj', and regulating the construction of chimneys as to
dimeu.sious and otherwise and enforcing the propei- cleaning
of the same, and authorizing the pulling down oi' removal,
at the expL-nse of the owner, theiecf of an}' building or
erection \\-hich may be constructed or placed in contra\en-
tion of any 1 y-la^^' ;
(48.) Gent'vally istablishin;: suc!i mcbteures nx lIil- .siil'ety
and welfare of tLjc Municipality may j-L'quirc for the preven-
tion and extiuguLsliiuent of fires ;
(•i9.) Rcj^uiating the reuameration, fees, charges and
dutie.s of poan(Uv(.-epers, and tlie security to be given by
them for the }.eii'orij;aiice of 1.1. e same :
(oO.) Pi'uvit.liiig sufficient yards nnd out Insures fcj- the
safe-keeping of .'-Ul'Ii aniu.als as it mny l;e t!.e duty of the
pound-keeper to i.\\\ ou.id ;
(■>i.) Restr.iiniiii;' and re,i;ulatiug the runi.ing at laige or
trespassing- of any animals and providing for impounding
them.a'id for causing tliem to bo sold iu case they aie not
claimed within a reasonable time, or in case the dnmages,
fees and expenses are not paid ;
6S Municipalities.
(o2.) Appraising the damages to be paid by the owners
of animals impounded for trespassing ;
(hS.) Determining tiie compensation to be allowed for
services rendered in carrying out the provisions of any
by-law with respect to animals impounded or dis'rained
amd detained in possession of the distrainor ;
(54.) Compromising on such terms as may be agreed upon
for the payment of arreai'S of taxes ; and generally to make
and establish all such by-laws for the government and good
order of the Municipality, and the suppression of vice and
immorality, protection of property, and the promotion of
health not iiiconsisteiit with the Law.
69. Whenever any Municipal Council has any authority
to direct, by bj'-law or othei'wi.'-e, that any matter or thing
shall be done by any person oi- coi-poration, such Council
may also, by the same or another by-law, direcK that in
default of its bein.g done liy the j^ei-son or corporation, such
ma,tter or thing shall he. done at the expense of the person
-or corporation in default, and tlic MimicipnJity may recover
the expense thereof, with- costs. V)y action in n.ny Court of
competent jurisdiction.
T®. In. case t'le majority of, the resident ratepayers of
any portion of a Municipality, dividi^d into ''Lots," petition
the Council iheieof, settiny- i'ortli the ilcsire of such resident
ratepayers to incur a debt or liability j'.rpayable in the
financial year, the Council m;iy by by-law levy a special
rate against all the property within the area (wliich shall he
described in the petition), as set forth in such petition, ' and
such rate shall be colle^'table as all other riites assessable
by the Municipality.
COUNCILLORS.
T8. Municipal Councillors shall hold office as provided in
section 54 hereof, exc.'pt where the first election for the
Municipality takes place after the ?,Oth day of June, in which
case the Councillors elected thereat shall hold office until
the first meeting of their successors duly elected.
Ta. In case of the death or removal of any Councillor,
or in the event of a vacancy occurring in the Council from
^y cause whatsoever, the Council at its next meeting shall
order an election, and the member so elected shall hold
Municijjaliti'Cs. 69
otSce for the unexpired period of the member, whose place
he was elected to till.
13. In the event of any Councillor refusing or neglect-
ing to attend the meetings of the Council for three months, .
his seat shall be declared vacant, unless he shall have
received permission to absent himself f torn the Council by a
majority vote of the same at a rL'gular meetmg of the Coun-
cil, which permission shall in no case be for a longer period
than six months.
CHAIRMAN.
T4. The Chairman shall preside at all meetings of the
Council, preserve order, and enforce the rules of the Coun-
cil, sign all orders or cheques on the Treasurer duly passed
by the Council: be vigilant and active at all times in
causing the by-laws of the Municipality to be put in force-
and duly executed ; inspect and report to the Council on
the coadact of the officers of the Municipality; cause, as far
as may be in his power, all negligenoe,'carelessaess or viola-
tion of duty, to be prosecuted and punished ; communicate
from time to tiint' to the Council any information and
make' such recommendation as will tend to the improve-
ment of the tinances, health, security and comfort of the
Municipality.
15. The Chairman shall call special meetings of the
Councd, whenever requested to do so by a majority of the
same in writing, and all the members thereof shall be duly
notiiied of the time and place of holding the saaie at least,
two days previous to the holding thereof. Except in ths
case of towiis, where a simple notice of the time and place of
holdins' the same shall be deemed sufficient.
T6. The Chairman of any meeting of the Council may
vote with the other members of the Council On all questions;
and any question, on which there is an equality of votes,
shall be deemed to be negatived.
TT. In the event of the absence of the Chairman from
any meeting, the Council shall elect another from amongst
themselves, who shall have all the powers of the Chairman
at such meeting.
70 Municipalities.
18. The Council at its first meeting shall appoint a Clerk,
who shall hold office during pleasure.
79. The Clerk shall attend all meetings of the Council,
truly record all resolutions, decisions and other oroceedings
of the Council, and, if required by the Council, shall i-ecord
the name of eyery member voting, and whether aye or naj',
on any question coming before the Council ; he shall keep
the books, lecovds and accounts of the Council and shall
preserve and file all accounts acted upon by the Council. and.
sliall keep the original or certified copies of all by-laws of
the Council as directed by by-law.
80. The Clerk shall make a collector's roll or rolls, as the
case may be, containing columns for all information required
by this Ordinance to be entered by the Collec'or thei'ein,
in which lie shall set down in full the name of every person
assessed, his post office adihv^s, as shown by the asses'-ment
roll, and the assessed value of his real and personal property
and taxable income, as ascertained after the final
revision of the assessment roll ; and si all calculate and set
down opposite the name of each party so assessed and under
tlie columns headed " Statute Labor Fund," " S.pecial Eates,"
" Debenture Fund," " Local Rate," and " School Hate," or as
the case may be, the sum for whirh he is chargeable on
account o£ such rates and in the column headed " Total " the
total amount of rates for which he is liable ; and the
Clerk shall deli\'er the roll certified under his name to the
collector or collectors, on or before the first day of Ocfol er,
or such other day as may be prescril ed by by-law or resolu-
tion of the Municipality.
81. The Clerk shall also make out a roll, which shall be
a copy of the non-resident land assessment roll as finally
revised, and shall enter therein opposite to each lot or parcel
of land all the rates or taxes w-th which the same is charge-
abl". for the current year, in separate columns, and shall
deliver the same to the Ti easurer on or before the fij'st day
of October or as may be presciibed by b;, -law or resolution
of tlie Municipality.
8^. The Clerk shall, at the meeting of the Council
immediately following the receipt of the auditor's report,
submit the same to-the Council, who shall finally audit and
Muniidpalities. 7i
pass the accounts of the Treasure!- and collectors and all otlier
accounts chargeable against the Municipality, and in eise of
charges not regulated by by-law, the Gouneil shall allow
what is reiisonable
83. The Clerk shall, within one week after the final
revision of the assessment roll, deliver to the road oversea-
or road overseers appointed by the Ck)uncil, a list of iiJl
parties assesst-d and liable for statute labor within their res-
pective divisions, and the amount of statute labor for whicli
each of such parties is liable.
PROPERTY LIABLE TO TAXA'JION.
84. All municipal, local or direct taxes or rates si idl,
where no othci- express pi'ovisiori has been made in this
respect, lie levied equally upon t^ie whole rateable property,
real and personal, of the Municipality, according to the
assessed value of such ]jvoperty, and not upon any one ac
more kinds of property in particular, or in different p)x>-
portions.
85. All land and personal property and income in tise
Ten'itories shall be liable to taxation, subject to the exemp-
tions hereinafter mentioned.
'■c^ij. The real estate and personal piopeity of all railwaj'
companies liable tn assessment is to be considered as ths
property of ratepayers within thi^ Municipality.
8T. The interest of every person or corporation in unj
lands, the fee of ^vhich is in the . Crown, shall lie liable to
assessment.
EXEMPTIONS.
88. The following shall b^ exempted from taxation ;-t-
(1.) All property held bj' Her Majesty or specially ex-
empted by the Parliament of Canada or for the public use
of the Government of the Territories ;
(2.) All projjerty held by, or in trust for, the use of any
trii)e of Indians or the property of the Indian Department;
(3.) Where any pioperty mentioned in the preceding
clauses is occupied by any person othei-wise than in rai
72 Municipalities.
official capacity, the occupant shall be assessed in respect
thereof, but the property itself shall liot be liable ;
(4.) The lands not exceeding one Lalf acre and the build- '
ings thereon of all public schools, universities, collegiate
institutes, or incorporated seminaries, being public property,
so long as such property is actually uscmI or held for
educational purposes ;
(5.) All property beloiigiiii;- to the Municipality, when
held and occupied or in the use of the corporation and the
personal property l)clonging to the same ;
(6 ) Jails and court houses and the necessary land attached
thereto ;
(7.) Churches and the land in connection therewith not
exceeding one-half acre. Orphanages, Poor Houses, Houses
of Industry, Asylums being public institutions and the per-
sonal property connected therewith ;
(8.) The books of every piiblic library ;
(9.) The income of a fanner deriveii from his farm, and
the income of merchants, mecluxnics and other persons, de-
rived from capital liab](; to taxation ;
(10.) Grain in transitu, household effects of evei y kind,
books and wearing apparel ;
, Q.\.) The increase in the value of the laud by reason of
the cultivation thereof together with the growing crops.
RATES.
89. The Council of every Municipality shall every year,
ore or before the tifteenth day of July, uiake estimates of
all sums which may be required for the lawful purpo.ses of
the Municipality for the year, or that part thereof for
which the sums are required to be levied, making due
allowance for the costs of collection and abatement and
losses which may occur in the collection of the taxes on the
lands ni non-rcsidi-nts.
90. The Council of the Municipality sh;iU pass a by-law
authorising the levying and collecting of a rate or rates of
ffo much in t'le dollar on the assf-.scd value of the property
tlierein as the Council deems sufficient to raise the sum re-
quired in such estimates, but in no case shall the rate im-
posed exceed two cents on the dollar of the asse.ssment in
any year, including loe.J and special rates, but not includ-
ing .school rates
Municipalities. 7^
*
91. The Trustees of any school district, any portion of
which is situated within a Municipality, may demand of
the Council of the Municipality that the amount for which
the school district, or the part thereof situated within the
Municipality, is liable for school purposes, shall be imposed
and collected by the Municipality, and tlie lands and
property of persons liable for such amounts shall be
assessed, and the same shall be collected as other rates by
the Municipality.
9?S. [f the amount collected falls short of the sum re-
quired, the Council may direct the deficiency to be made up
from any fund belonging to the Municipality, except sink-
ing funds to retire debentures.
5>3. If there be no unappropriated funds, the deficiency
may be deducted from the sums estimated as required, or
from any one or more of them.
fJ4. Shoula. the amount collected exceed the estimates,
the sum in excess shall form part of the general fund of the
Municipalit}^, and shall be at the disposal of the Council.
95. Iti cases where the amount collected has been on
account of some special purpose, and is not required foi' such
purpose, it shall also form part of the general fund of the
Municipality.
96. The taxes or ivites imposed in any j^ear shall be
deemed to be due on the first day of January of the then
curient year.
m. The Council may from time to time extend the time
at which all taxes shall be paid, but not beyond the first
day of March following the year for which the assessment
was made,
STATUTE LABOR.
98. Every person assessed upon the assessment roll of a
Muaicipality, other than that of a town, shall, if his prop-
erty be assessed at not more than five hundred dollars, be
liable to one day's statute labor, and for every five hundred
dollars or part thereof in excess of said sum, to an additional
day's statute labor.
74 Municvpalities.
99. Every other male inhabitant of the Municipa^ty,
other than that of a town, of the age of twenty-one years'.
or upwards, and under the age of .sixty years, not assessed
as herein provided, shall be liable to one day's statute labor.
100. Every person liable to statute labor as hereinbe-
fore provided, may commute the same at the rate of two
dollars per day.
101. Persons assessed as non-residents shall be deemed
to have commuted the statute labor for which they arte
liaVjle at the rate of two dollars per day, and the amount of
the commutation shall be a charge, and shall be collectable
against real property, goods and chattels of non-residents as
other rates
'■'' 10/J. Every other jierson liable for the perfoi-mauce of
statute labo)- under this Ordinance shall, within foui-teen
days after the final revision of the assessment roll, notify
the Clerk of the Municipality, in writing, of his intention to
commute the same by the payment as hereinbefore provid-
ed, or failing so to do, he shall be bound to perform the
amount of statute labor imposed upon Lim, as the road over-
seer may direct.
103. The Council of any Municipality, other than that
of a town, may, by by-law, commute tjie statute labor of
any person or persons resident within the Municipality with
regard to any certain specified property^ for a (eim of years,
in consideration of statute labor to be perfoiined in any
one year.
I'04. A-^y person liable to pay any sum for statute labor
commuted as aforesaid shall pwy the same to tlie collector
appointed to collect the same, ^vithin seven days after the
demand thereof hj the said collector, and in case of neglect
or refusal to pay the same, the collector may levy the .same
by distress and sale of the goods and chattels of the defaulter,
with costs of the distress and sale, and if no sufficient dis-
tress can be found, tlien upon summary conviction before a
Justice of the Peace of his refusal or neglect to pay the said
sum, and of there being no sufficient di.stres.s, and in default
of payment at such time as the convicting Justice may
Municipalities. 7. 5 ■
order, such defaulter shall be eoinmitted to the lock-up house
of the Municipalitj^ or to the nearest common gaol, and be
there put to hard labor for any time not exceeding ten days,
unless such penalty and costs,' and costs of the warrant of
commitment, and of conveying the said person to gaol, be
Booni-r paid.
ASSESSJIENT.
105. The assessor or assessors shall prepare an assess-
ment roll as in the form J of the Appendix to this Ordinance,
setting down in each column, as accurately as may be after
diligent enquiry, the infoi-mation called for by the heading
thereof.
The assessor or assessors shall prepaj-e a separate
asses'iinent as in form K of the Appendix to this Oidinance.
regarding the lan:ls, whether owned by individuals or cor-
porations, of non re-^idents wdiose names cannot Le ascer-
tained, entering in the proper column of such roll the
information required by the respective heading thereof.
I®!. Every assessor shall, before delivery of his roll to
the 'Jli-rk of the Municipality, deliver to each taxable per-
son if residini^- in the Municipality, a notice setting forth
the sum at which his real and pei'sonal property and taxable
income is assessed, or if such taxable person be not ririsidinir
in the Municipality, shall mail such notice bj' registered
letter directed to such taxable person to the Post Office
named in such roll, and shall enter on the roll, opposite the
name of such person the date of such deliveiy or mailing,
and such entry made shall be deemed prima' facie evidence
of delivery.
1®8. In the case of a pattnership or company having
more than one place of business within the Municipality,
the personal property thereof shall be assessed in the
locality where it is situate, and if this cannot be done, the
partnership or company may elect at which of its places of
business it will be assessed for the whole of its personaJ
property.
109. If a resident has no place of business he sliaU be
assessed at his place of residence.
76 .Yunicipaiitien.
14®. It shall be the dut}- of every person assessable for
real or personal property in every Municipality to give all
information to the assessors, and he may deliver to the
assessors a statement in writing setting forth the particu-
lars of the property for which he should be assessed, but
no such statement shall bind the assessor or excuse him
from making due enquiry as to its correctness.
113. In assessing; vacant ground, or i^round used as a
farm garden or nursery, and not in immediate demand for
building purposes, in towns, the value of such vacant ground
shall be that at which sales of it can be freely made, and
where no sales of it can be reasonably expected during the
current year, the assessor shall value it as if held for
farming or gardening purposes, with such percentage added
as the situation of the land may reasonably call for, and
such vacant land, whether surveyed into Jots or not, if
unsold as such, may be entered on the assessment roll as so
much of the original lot or section, a^ the case may be, and
where, ground is not held for purposes of sale, but bona fide
inclosed and used in connection with a residence or building
as a paddock, garden, p.^irk or lawn, it shall be assessed at a
valuation which, at six per centum, would yield a sum equal
to the annual rental, which, in the judgment of the assessor,
it is reasonably worth, reference being always had to its
position and local advantages.
It'^, Eacii assessor shall make :md complete and deliver
his roll to the Clei-k of the Municipality in each year on or
beLore the fifteenth day of May or such prior day as the
Municipality may prescribe by by-lavr with his affidavit
thereto, or endorsed thereon, made before a Justice of the
Peace in the following form :
I) do swear that, 1 have in the within or aimeied
aasessm nt roll assessed ihe Muncipality of (■ r part, as
the cise may be, niming the part) according to law to the best of my
skill and abUity and without favor.
Sworn before me at
ttifi day of AD 188
.1 P
ASSBSSOB.
APPKAL FHOM ASSESSMENT ROLL AND REVISH)N OF ROLL.
SIS. If the Council of a Municipality, other than a town,
Municipalities. 77
consists of not more than live members it shall form a Court
of Revision, and if it consists of more than five members,
the Council shall appoint tire of its members to bfe' a Court
of Revision, and three thereof shall be a quorum for the
transaction of business.
1 1 4. The Clerk of the Municipality shall be the Clerk of
the Court of Revision, and shall" record all the proceedings
tlicreof. '
815. Tilt: Court may me^t and adjourn from time to time,
and may be summoned to meet at any time by ihe Chair-
man of the Municipality, and all the duties of t])e Court of
Revision shall be completed before tlie first day of July in
eacl) year.
1 16. All (■videiice before the Court of Revision shall be
taken on oath, and any member shall be competent to
.administer the oath to any person giving evidence before
till' Court, and the Clerk of the Court may, when required,
issue a .summons to any witness to attend such Court, and if
any person so summoned as a witness fails without good
and sufficient reason to attend (having been tendered comi-
pensation fot his time at the rate of one dollar per day and
mileage at the rate of ten cents per mile, wliere a. railway is
not civailable, or actual railway fare), he shall on. summary
conviction incur a penalty not exceeding tiftj' dollars.
i 11^. The Court shall try all complaints in regard to per-
sons wrongfully placed upon the roll or omitted therefrom
or assessed too high or too low or in regard to any property
of any person which has been misdescribed or omitted from
the roll, or in regard to any assessment which has not been
performed in accoi'dance with the provisions and require-
ments of this Ordinance, as the case may be,
118. The proceedings for the trial of complaints shall be
as follows : — •
(1.) Any person assessed within the Municipality, who
considers himself aggrieved for any or all of the causes
hereinafter referred to, may, within fourteen days of the
time fixed for the return of the roll, give notice in writing
to the Clerk of the Municipality that he considers- himself
78 Mumcipalities.
so aggrieved, naming the complaints and grounds of appeal
and upon what property ; ,
(^2.) If any ratepayer within the Municipality thinks that
any person hjiH been assessed too high or too low, or has
been wrongfully inserted in or omitted from the assessment
roll, or that tlie property of any person has been mis-
described or omitted from the roll, or that the Jissessment
has not been performed in accordance with the provisions
and requirements of this Ordinance, the Clerk shall, on his
request in writing, give notice to such person and to the
assessor of the time, when the matter will be tried by the
Court, and the matter shall be decided in the same manner
.as complaints by a person assessed ;
(3.) The Clerk of the Court shall post up in some conve-
nient place within the Municipality, a list of all complainants
on their own behalf against thii assessor's I'eturn, and of all
complaints on account of assessment or want of assessment
or impioper assessment of other persons, stating the names
both of the complainant and the party coniplained against,
with a concise description of the matter complained of toge-
ther with an announcement of the time when the Court
will be held to hear the complaints ; and no alterations
shall be made in the loU unless under a complaint fjrmally
made according to the above pi-ovisions ;
(4.) If at any time befo) e the return of the collector's roll
it shall be discovered that the property of any taxable
person or part thereof has been omitted from the said roll,
the Clerk shall notify such taxable pei'son if known, and if
he resides or has a place of business within the Municipality,
that at a meeting of the Council, to be held at least six days
after such notice, an application will be made to the said
Council to assess such taxable property for such sum as
may_ be deemed right, and that such taxable person is
required tf) attend such meeting to show cause why the
said taxable property should not be a'-sossed, and as to the
amount the same siiould be assessed for.
If such taxable person does not i-eside or have a place of
business in the Municipality, then such )>utice shall be posted
by i-egistered letter to the Post Office address of such person
fifteen days before such meeting of the Council.
After such notices have beeu served, or posted as afore-
said, and after the expiration of the time mentioned therein
or if sucli taxable person be not known, then witliout any
■notice the Council in^y assess such taxable propei'ty and
Municipalities. 79
direct fch& Clerk to enter the same upon the proper collector's
EoU for such sum as they shall direct, and tlie name of such
taxable person if known.
Provided always that the provisions of sections .119 ajad
120 as to appeal shaR apply to any such assessment.
Immediately after such assessment shall be made as afore-
said, the Olerk shall place the same on the collector's roH
at the end thereof and shall rate the same at the same ratio
as the rest of the said loU and thereafter the same shall be
collectable in the same manner as the other taxes ;
(5.) The Clerk shall cause to be left at the residence of
each assessor or addressed to each said assessor by registered
letter to the Post Office address a list of all complaints
respecting his roll ;
(6.) The Clerk shall also prepare a notice in tiie form
following for each person with respect to whom a complaint
has been made :
Take notice 1 hat you are required to attend the Court of ItayiaiOa
for the Municipality of at
on the day of in the matter of the fol-
lowing appeal appellant. That you are assessed (to*
Iiigh) or (too low) or (not a botiafide resident) or as the case may bo.
Signed, Glerk.
And every such notice shall be posted by a registered
letter to the Post Office address of such person, as entered
on the assessment roll, fifteen days before the sitting of the
Court; unless if a person has a place of business within the
Municipality, in which case the Clerk shall cause the said
notice to be served at such place of business at least six
days before the sitting of said Court ;
(7.) Pei-sons complained against may appear before the
Court in person or by agent ;
(8.) The Court after hearing the complainant and the
party complained against and any evidence adduced, as well
as the assessor, shall determine the matter and confirm or
amend the same accordingly ;
(9.) If either party fail to appear, either in person or by
agent, the Court may proceed ex parte.
1 1 9. The roll, as finally passed V>y the Court, and cei'tified
by the Clerk as passed, shall, except in so far as the same
■ may be further amended on appeal to the Judge of the
'Sapreme Court, be valid, and bind all parties concerned,
80 Municipalities.
notwithstandincr any defect or error committed _ in or with
regard to sucli roll, or any defect or error or mis-statemeni
in the notice required by sub-section (5) of the foregoing.
Section of this Ordinance, or the omission to deliver or
transmit such notice.
2. Provided that an appeal to a Judge of the Supieme
Court shall lie, not only against the decision of the Co\u-t of
Revision, on an appeal in the said Court, but also against
the omission, neglect or refusal of said Court to hear or
decide an appeal.
1 20. In all cases of appeals, under the provisions of the
preceding section, the proceedings shall' be as follows;
(1.) The person appealing shftll, in person or agent, sei-ve
upon the Clerk of the Municipality, within eight days after
. the decision of the. Court of Revision, a written notice of
his intention to appeal to a Judge of the Supreme Court ;
(2.) The Clerk shall, immediately after the time limited
for filing notice of appeals, forward a, list of the same to thfi
Judge of the Supreuie Court, usually exercising jurisdiction
in the Judicial District of which such Municipality forms a
part, or if such Municipality forms part of more than one
Judicial District, then to the Judge whose official residence
is nearest the Municipality ;
(3.) The Clerk shall thereupon give notice to all the
parties appealed against in the same manner as is provided
for giving notice on a complaint to the Court of Revision,
but in the event of failure by the Clerk to have the required
service of notice in any appeal made, or to have the f-ame
made in proper time, the Judge may diiect service to he
made for some subsequent day upon which he may sit ;
(4.) The Clerk of the Municipality shall cause a conspic-
uous notice to be posted up in his office or the place where
the Council of the Municipality holds its sittings, containing
the names of all the appellants and parties appealed against
with a brief statement of the ground or cause of appeal,
together with the time and place at which a Court will be
held to hear appeals ;
(5.) The Clerk of the Municipality shall be the Clerk of
euch Court :
(6.) At the Court so holden the Judge shall hean the
appeals, and may adjourn the hearing from time to time,
and defer judgment thereon at his pleasure, but so that all
Municipalities. 81.
th^;. appeals may be. determined before the.firat day of
September;
(7.) At the Court to be holden by the Judge, to hear the
appeals hereinbefore provided for, the person having charge
of the assessment roll, passed by the Court of Revision,
ehall appear and produce such roll and all papers and writings
in his custody connected with the matter of appeal, and
such roll shall be' altered and amended accordiug to the
decision of the Judge, if then givren, who shall write his
initials opposite any part of the said roll, in which any
mistake, error or omission is corrected or supplied, and if
the decision is not then given the Clerk of the Municipality
shall, when the same is given, forthwith alter and amend
the roll according to the same, and shall write his nams
opposite every such alteration or correction.
(8.) In all such proceedings the Judge shall possess all
such power for compelling the attendance of, and for thfi
exariiination oh oath, of all parties, whether claiming or
objecting or objected to, and all other persons whatsoever,
and for the production of books, papers, lolls and docu-
ments, and for the enforcement of his orders, decisions and
judgments, as belong to oj' might be exercised by him in the
Supreme Clourt.
(9.) All process or other proceedings, in, about or by way
of appeal, may be entitled as follows :
" In the matter of appear from the Court of EeviBion of the Munici-
pality of
A. B.,
Appellant,
and'
C D.,
Respondent."
(10.) The cost of any proceeding before the Judge as
aforesaid, shall be paid by or apportioned between the parties
in such a manner as the Judge thinks proper; and wliere
costs are ordered to be paid by any party, the same .shall
be enforced by execution to be issued as the Judg6 may
direct from the Supreme Court, or in the same manner as
upon an ordinary judgment for costs recovered in such Court.
(11.) The costs chargeable, or to be awarded in any case,
mav be the costs of witnes.^es and of procuring their atten-
daiHie, and none other, the same to be taxed according to
the allowance in the Court for such costs ; and in case
82 Mv/nicipalities.
Tvliere execution issues, the cosis thereof as in the like
Court, and of enforcing the same, may also be collected
Cuiicun'ler.
(! 2.) The decision and judgment of the Judge shall be
final and conclusive in every case adjudicated upon.
COLLECTOKS AND THEIR DUTIES.
I SB. All rates, assessments, charges and taxes required
to be coll 'Cted by any provision of this Ordinance shall be
collected as hereinafter provided.
I SS. The collector shall call at least once on the person
taxed, or at the place of his usual residence or domicile, or
place of bu-sincss, if within the Municipality in and for
which such collector has been appointed, and shall demand
pasiiient of the taxes payable by such person, and shall at
the time of such demand, enter the date thereof on l^is col-
lecbion roll oppo-ite the name of the person taxed, and such
entry shall be prima facie evidence of such demand.
t%S, In case any person neglects to pay his taxes for
fourbiji'U days after such demand as aforesaid, the collector
m ly, by himself or by his agent, levy the same with costs
by ilistress of the goods and chattels of the person who
ought to pay the .--ame, or of any goods or chattels in his
po->ses.-ion, wherever the same may be found yrithin the
Municipality, or of any goods or chattels found on the
premises the property of, or in the possession of, any other
occupant of the premises and may impound the same on the
promises where distrained.
1 24. If any person whose name appears on the roll is
not resilient within the Municipality, the Collector shall
transmit to him by post, addressed to the address given on
the assessment roll, a statement and demand of the taxes
charged against him on the roll, and shall at the time of
such transmission enter the date thereof on the roll op])osite
the nxme of such person, and such entry shall be prima facit
CN-idence of such transmission and of the time thereof. The
Collector after one month from the date of the delivery of
the roll to him an 1 after fourteen days from the time slich
demand, as aforesaid, has been so transmitted by post may
make distress of any goods and chattels which he may find
Municipalities. 83
upon the land and may impound the same thereon, and no
claim of property, lien or privileofe shall be available to
prevent the sale or the payment of tlie taxes and costs out
of the proceeds thereof.
135. The collector shall, by advertisement over his hand
posted up in at least three public places withia the Munici-
pality, within which the sale of goods and chattels distrained
is to be made, give at least six days' public notice of the
time and place of such sale and of the land on which the
same was distrained ; and at the time named in the notice
the collector or his agent shall sell at public auction the
goods and chattels distrained, or so much thereof as may be
necessary to satisfy the claims of the collector, including
costs and charges allowed by this Ordinance. ,
1 26. If the property distrained has been sold for more
than the amount of taxes and costs, and if no claim for the
surplus has been made by any other person on the ground
that the property sold belonged to him, or that he was
entitled by lien or right to the surplus, such surplus shall bft
returned to the pei'son in whose possession the said property
wa.s when the distress was made, or if such claim be made
by the person for whose taxes the property was distrained,
and the claim is admitted, the surplus shall be paid to the
claimant.
I3T. If the claim is contested such surplus money shaU
bo paid over by the collector to the Treasurer of the Muni-
cipality, who shall retain the same until the respective
rights of the parties have been determined by action at law
or by arbitration as provided in this Ordinance.
I/J8. Taxes may be recovered with interest and costs, as
a debt due to the Municipality, in which case the production
of a copy of so much of the Collector'.s roll as relates to the
taxes payable by such person, purporting to be certified as
a true copy by the Treasurer of the Municipality, shall be
prima facie evidence of the debt.
1 39. On or before the fourteenth day of December in
every year or on such day in the next year not later than
the first day of March as the Council of the Municipality
may appoint, every Collector shall return his roll to the
84 Municipalities.
Treasurer of the Municipality, and shall pay over, the
amount then in his hanHs collected by him to such Treasur-
er, specifying in a separate column in his roll how much of
the whole amount is paid over on acccmnt of each separate
rate, and shall undei- oath verify the dates before the
Treasurer of the demands of payment and of the amounts
returned as paid by him opposite the name of each party in
the Collector's roll in manner following : —
" 1, Collector for the Municipality of
do solemnly swear that the'
foregoing roll contains a true account of the moneys collected by me ;
that the dates of personal demands of payment and of posting of .-tate-
ments and demands are correctly set forth, and that I have paid in aU
the moneys collected by me. So help me God,"
S3©. In case the collector fails or omits to collect the.
taxes or any portion thevi;(;f by th(.'. day appointed or to be
appointed as in the last preceding section mentioned, the
Coiincil of the Municipality may, by resolution, authorise
the Collector, oi- sonit other j^crjon in las stead, to cci.tinue
the levy and collection of the unpaid taxes in the manner
ajid with the powei s provided by law for the ;i:eneral levy
and collection of taxes.
2. No such resolution or authority shall --liter or affect
the duty of the collector to return his roll, or shall, in any
manner whatsoever, invalidate or otherwise affect the
liability of the Collector or his sui-eties.
131. If any of the taxes mentioned in the Collector's roll
remain unpaid, and the Collector be not able to collect the
same, he shall deliver to the Treasure! of the Municipality
an account of all the taxes remaining due on the roll, and
in such account the Collector shall show, opposi te to each
assessment, the reason why such collection could not he
made, by inserting, as the case may be, the words ''non-
residint," or "not sufficient property to distrain," or
" instructed by Council not to collect," as the case may be.
IS^. Upon making oath before the Treasurer that the
sums mentioned in such account remain unpaid, and that
he has not, upon diligent enquiry, been able to discover
sufficient goods or chattels belonging to or in the possession
of the persons charged with or liable to pay such sums, or
on the premises belonging to or in the possession of any
Municipaiities. 86
occupant thereof, whereon he could levy the same, or any
part thereof, the Collector shall be credited with the amount
not realized.
f 33. Where a Municipality has passed a by-law requir-
ing taxes to be paid on or before a given time, it shall be
the daty of the Collector to make a return on oath, on the
day following the time so named, of , the names of all
persons who have not so paid their Municipal taxes,
134. The costs chargeable for distress and sale as afore-
said, shall be as follows : —
Mileage going tn and returning from the place
of seizure, each toilo necessarily travelled . . Ten cents.
Seizure . . . One dollar.
Taking care of property . The sum actually disbursed
not exceeding iwo
dollars per day.
Notices of sale and posting same up One dollar and fifty
cents.
For selling, five per cent on the amount real-
ized, not exceeding the amount of the taxes.
TREASURER.
135. The Treasurer shall keep regular books of account
in such manner as may he directed from time to time by
the Council, which shall show faithfully all moneys
received and how expended, and he shall exact and retain
vouchers for all moneys paid, and he shall prepare and sub-
mit to the Council at least once in every month a correct
statement of the moneys at the credit of the Municipality.
136. The Treasurer shall receive and safely keep all
moneys belonging to the Municipality, and shall pay out
the same in such a manner as the laws of the Territories
and the lawful by-laws or resolutions of the Council of the
Municipality who.se officer he is, direct ; but no member of
the Council shall receive any money from such Ti'easurer
for any work performed or materials supplied under any
special contract with the Municipality, except as remunera-
tion for services authorised by this Ordinance.
13T. After the Collector's roll has been returned to the
Treasurer, arrears of taxes may bo paid to such Treasurer,
86 Municipalities.
and thereafter no more money on account of the arrears
then due upon said roll shall be received by any other
ofEcer of the Municipality than the Treasurer, who shall
receive payment of such airears, and of all taxes of lands of
non-J-esidentfi, and on payment give a receipt therefor,
specifying the amount paid, for what period, the description
of the lot or parcel of land and the date of payment.
138. On the first day of May in every year the Treasurer
shall add any arrears that may appear to be due upon any
parcel of land to the entais already rduiDtd axd a?so icur
per centum on the whole amount then due.
139. The Treasurer shall not receive any part of ihe tax
charged against any parcel of land unless the whole of the
arrears then due is paid, or satisfactory' proof is produced
of the previous payment, or erroneous charge of any portion
tl.ereof ; but if satisfactoiy proof is adduced to him that
any pa)cel of land on which taxes are due has been sub-
divided, he may receive the proportionate aniount of taxes
chargeable upon any of the sub-divisions, and leave the other
foib-divisions chargeable with the remainder, and the
Treasurer may, in his books, divide any piece or parcel of
land which has been returned to him in arrear for taxes
into as many parts as the necessities of the ease may requira
140. The Treasurer shall, on demand, give to the owner
of any land charged with arrears of taxes a written state-
ment of the arrears at that date certified under his hand
and he may charge twenty cents for the search on each
separate lot or parcel not exceeding four, and for every
additional ten lots or parcels a fee of twenty cents.
141. The Treasurer shall not be required to keep a
sepajate account of the sevei al distinct rates which may be
charged on lands, but all aiTears, from whatever rates
arising, shall be taken together and form one charge on
the land.
148. The Treasurer shall not be eligible as Auditor.
1 43. It shall be the duty of the Treasurer to see that
moneys, collected under by law for the purpose of the pay-
ment of interest on debentures issued by the Municipality
Munieipalities. 8-7
{'
or providing for a sinking fund for the same, are properly
applied. Ajid the Council of any Municipality cairjing a,
sinking fun<l for the redemption of its delx-ntures may
invest the same in school debentures of any school district
in the Territories^ lawfully issued, and all moneys belonging
to such sinking fund, while not otherwise invested, hJiafl
be deposited in some Chartered Bank of Cana<3a^ in the
name of the Treasurer and Chairman of such Mnnicipality
jointly.
144. In case any Treasurer dii s, i-esigiis, is dismissed
from office or absconds, it shall be lawful for his suceessor
to draw any moneys belonging to the Municipality, deposited
to the credit of srfch Municipality with ajoy Bank or private
individual.
^UDITOBS.
145. No one shall be appointed as Auditor who is, or
who dnring theprecedingyearwas, a member of the Council,
or officer of the Municipality, or who had during such pre-
ceding year either diiectly or indirectly a share or intei-est
in any contract with, or on behalf of, the Municipality,
except as Auditor.
140. The Auditor shall examine and report upon all
accounts affecting the Mnnicipality or relating to axry
matter under its control or within its jurisdiction for the
year ending on the thirty-first day of December preceding
his appointment.
147. The Auditor, shall prepare an abstract of the
receipts, expendittu'es, assets and liabilities of the Munira:-
pality, and also a detailed statement of the said parJicH-
lars in form as the Council may direct, and shall make a
upecial report of any expenditure made contrary to 3fl,w
and shall file the same in the office of the Clerk of the
Municipality within one month after his ajjpointment, and
thereafter any inhabitant or ratepayer of the Municipality
may inspect the said report and may by himself or agen^
at his own expense, take a copy thereof or extracts there-
from.
148. The Council shall, upon the report of the Auditor,
finally audit and allow the accounts of the Treasurer and
88 Mimiaipalities.
Gbllectprs, anji all accounts chargeable against the Munici-
pality ; and in case of charges not regulated by law the
Gouucil shall allow what is reasonable.
ROAD 0VEK3EERS.
• S49. It shall be the duty of the Road Ovei-seer, so sooii
thereafter as convenient after having received from the
Clerk of the Municipality a list of par-ties liable for the
performance of statute labor, to notify and require them
respectively, to meet him at a certain time and place to
perform the labor imposed upon them by the Council.
' 130. All statute labor imposed by this Ordinance shall
be performeil under the direction of the Road Overseer, who
sLail be liable to the Council for the due performance of
the same, and shall report to the Council any refusal or
neglect of parties assessed to perform the labor imposed
upon them.
15fi. Any person liable for the performance of statute
labor, except as hereinbefore provided, neglecting or refus-
ing to perform the same when directed so to do by the Road
Overseer, shall be liable to a penalty of four dollars per day,
for every day of statute labor imposed upon him, which he
shall so neglect or ref ase to perfoi'm, which penalty may be
recovia-ed in a summary manner before a Justice of the
Peace.
153. All statute labor to lie done under this Ordinance
shall be perfortued on the public roads of the Municipality,
or on tlie brid^;es. diains, ditches or water-courses therein,
to benefit and improve the same, or as may be determined
by the Council.
voters' lists.
153. The Clerk siiall, on or before the first day of
August in each year, prepare alphabetically for the Munici-
pality cr Wards, as the ease may be, a list of those persons
being duly qnalitied to vote at Municipal elections therein
whose names appear on the assessment roll as finally revised
by the Court of Revision, and shall post the same in a con-
spicuous place in his office : such list shall contain, opposite
^he name of each voter, a short description of the real
Municipaliiiefi. 89
property in respect of which he is entitled to vote, or if on
personalty or income, the words " personalty ' or " income "
as the case may be.
1 54. Any person who has been resident in the Mnniei-
pality in the then current year prior to *^ho first day of July,
and who is otherwise duly qualified, whose name does not
appear on the voters' list oi- who is not assessed on the roll
high enough to be qualified as a voter, or whose name is put
down in error, may, either by himself or agent, apply to
have the list amended by giving to the (^lerk a notice in the
following form :
To the Clerk of tho Municipality of
Tiike notice that I intend applying to the OouncU to have my nam©
added to the voters' liat (or to have the voters' list corrected, as the
case may be) for the following reasons (here state the ground accord-
ing to the facts.)
(Signature of Applicant. )
Applicant.
or (name of applicant. )
Applicant by his Agent.
(Signature of Agent. )
855. If any person qualified as a voter on income baa
left the Municipality, or if a person has disposed of the
property for which he was qualified as a voter under this
Ordinance before the first day of October in the then current
year, or if any person's name is wrongfully put- down, he
shall be deemed disqualified as a voter, and any person duly
qualified niay n.i'ply to the Council to have the name of the
party so or otherwise disqualified .struck off the voters' list
by notice tQ the Cleric of his intention of applying to the
Council for that purpose as provided in the preceding
section.
156. JSTotices served rpon the Clerk under the two pre-
ceding sections shall he served in each year on or before the
first day of November.
I SI". On or before the fifth day of Novembei-, the Clerk
shall make a list of all applications for amendments to the
voters' list stating names and grounds of each of all such
applications, and shall post the same in a conspicuous place
in his office, and shall immediately thereafter notify the
90 Municipalities.
paities interested of the time and place fixed by the Council
for hearing such applications.
158. On or before the first day of December in each
year the Council of each Municipality shall meet as a final
Court of Re\ision on tLe voters' list and shall hear and
determine all applications of which notice has been given to
the Clerk as hereinbefore provided, and thereupon amend
the voters' list in all eases provided for by sections 154 and
156, as may be deemed fit and right, and the list so amended,
shall be the voters' list of the Muilicipality for the year
next ensuing.
1 59. The Council sitting as a final Court of Hevisifln on
the voters' list as aforesaid shall have all the powers and
privileges conferred by tbis Ordinance upon the Court of
Revision for the Municipality sitting "upon the assessment
roll with the same provisions for the attendance of witnesses
and the imposition and recovery of penalties.
BY-IAWS.
160. Every by-law under this Ordinance shall he under
the seal of the Municipality, and shall be signed by the
Chairman or by the person presiding at the meeting at
which the by-law is finally passed, and by the Clerk of the
Municipality, and every such by-law shall have three distinct
and si'parate readings before the same shall be finally passed,
but not more than two readings shall be had at any one
meeting, except by the unanimous vote of the Council
present.
161. A copy of any by-law, written or printed, without
erasure or interlineation, and under the seal of the Munici-
pality, certified to be a true copy by the Clerk thereof a»d by
any member of the Council, shall be authentic and received
as prima facie evidence of the due execution and contents
thereof, without further proof, in any Court of Justice.
BY-LAWS FOR CHEATING DEBTS.
163. By-laws for contracting debts or borrowing money,
which do not provide for the payment of the debts con-
tracted or money borrowed within the financial year, shall,
Mtunicipalities. 91
before the final passing thereof, receive the assent of a
majority of the ratepayers entitled to vote thereon in the
manner hereinafter provided.
103. No by-law for granting bonuses to manufactories,
mills, railways, or any works of a public nature ; for exemp-
tion from taxation for a longer peiiod than one year, or for
building, owning or operating grist mills, elevatoj-s, and
manufacturing establishments, shall be introduced or enter-
tained by the Council, except on a petition of one half the
resident ratepayers of the Municipality ; and all such by-
laws shall, before the final passing thereof, receive the assent
of a majority of the ratepayers voting thereon, in the man-
nei- hereinafter provided, iind such majority shall include
two- thirds of the resident ratepayers, provided, however,
that upon the introduction of any such by-law no informality
in the proceedings prior to such introduction shall affect ite
validity.
1 64. In any case of passing a by-law for contracting a
debt or borrowing money for any purpose the Council, may
in its discretion make the principal of sUch debt repayable
by equal annual instalments during the currency of the
period (in no case to exceed thirty years as hereinbefore
provided) within which the debt is to be discharged, and
may issue the debentui'es of the Municipal Corporation for
the amounts and payable at the times corresponding with
such instalments, together with interest, annuallj' or semi-
annually, as may be set forth and provided in such by-law.
165. Such by-law shall set forth the annual special rate
to be raised in each j-ear during the currency of the debt,
which shall be sufficient according to the amount of rateable
property, appearing by the last revised assessment roll, to
discharge the seveial instalments of principal and interest
accruing due on said debts as the said instalments become
respectively payable according to the terms of such by-law;
and in cases within the section it shall not be necessary
that any provision be made for the creation of a sinking
fund.
166. Every Municipality may, under the formalities
required by this Ordinance, pass by-laws for contracting
debts by borrowing money or otherwise, and for levying
92 Municipalitie-H.
rates for the payment of such debts on the rateable property
of the Municipality for any purpose within the jurisdiction
of the Municipality, or on roads and bridges, or water works
outside the limits of the Municipality ; provided that no
Municipality shall have powers to pass by-laws borrowing
money or otherwise to a greater extent than five per cent
of the assessed value of the assessable pi'operty in the said
Municipality, subject to the following pi'ovisions :
(1.) The by-law shall name a day when it is to take
effect ;
(2.) If not contracted for lighting, drainage or water
works, or for purchase of public works, the whole of the
debt and the obligations to be issued for its payment shall
be made payable in twenty years at the furthest from the
date on \i^hich the said by-law takes effect, and if the debt
is contracted for lighting, drainage or water works, or for
the purchase of public works, the same shall in like manner
be paid in thirty years at the furthest from the day on
. which the by-law takes effect ;
(3.) The by-law shall set forth a certain specitic sum to
be raised in each year during the currency of the debt,
which annual sum shall be suflScient to discharge the several
instalments of principal and interest accruing due on such
debt, as the said instalments and interest become respective-
ly payable accoiding to the terms of the by-law ;
(4.) No future iacrease of the rateable property within
the Municipality, nor any extra income of 'any nature or
.interest , whatsoever, from any work whatsoevei-, stock,
share or interest therein, shall be taken into account in
.estiniating the rateable property ; but, if by reason of the
increase or decrease iu the valuation of pioperty in the
Municipality, the annual rate as hereinbefore provided
should require to be greater or less as the case may be, the
■ rate may be inci-eased or decreased accordingly ;
(5.) The by-law, unless it is for a work payable bv local
asse-smcnt shall recite the amount and object of the debt,
the amount to be raised annually, the value of the rateable
■property according to the last revised assessment roll, the
amount of the existing debt of the Municipality other than
for current expenses, the interest and principal separately,
and how much, if any, of each is in arrear ;
(6.) If the by-law is for work payable by local assess-
ment it shall recite ;
(a..) The amount of the debt which such by-law is in-
Municipalities. 93
tended to create, and the object for which it is to be
created ; " . ■ ,
(b.) The total amount required bj- this Ordinance to be
r^sed annually by special late for paying the debt and
interest under the by-law ;
('■.) The value of the whole real property rateable under
the by-law as finallj;- determined as aforesaid ;
{d.) The annual special rate in the dollar, .or in' the case
of towns, on the foot frontage or otherwise, as the case may
be, for paying the interest and creating a yearly sinking
fund for paying the principal of the debt or foV discharging
instalments of principal, according to the provisions of this
Ordinance, or in case the debt is payable by instalments
annually, for paying the same, principal and interest, re-
spectiveh as they become due ;
(e.) That the debt is created on the security of the special
rate settled by the by-law, and on that security only.
KJ?. Iii CHse a by-law requires the assent of the electors
of the Municipality before the passing thereof, the follow-
ing proe<'edi»gs shall be taken for ascertaining such
consent : —
(1.) The Council shall, by the by-law, fix the day and
hour for taking the votes oj: the electors, and such places in
the Municipality as the Coimcil shall, in their discretion,
deem best, and shall name a E,eturni|ig Officer and Deputy
Returniiij^ Oflicerh to take the votes at each place where
the votes are to be taken, and the day so fixed for taking
the votes shall not be less than three nor more than five
\\'eeks after the first publication of the proposed by-law as
hereinafter pro\ ided ;
(2.) The Council shall, before the voting thereon by the
ratepayers, publish a copy of the by-law in some public
newspaper, publislied within the said Mnnicipality, or if
there be no such newspaper, in some public newspaper near
the Municipality, and such publication shall be continued in
at least one uumber weekly of such newspaper for three
successive w eeks, and shall also put up a copy of the by-law
at four or more of the most public places of the Munici-
pality ;
(3.) Appended to each copy shall be a notice, signed by
the Clerk of the Municipality, stating that such is a true
copy of the proposed by-law, which will be taken into con-
sideration after one month fro n the first publication in the
94i Mionicipcdties.
aewspaper, statiag the date of the first publication, ana that
at the hour, day and place or places therein fixed for tak-
ing the votes o£ the electors, the polls will be held ;
\4.) The Deputy-Returning Officer shall open thepolls at
ihe day and hour named, and record the votes by open
voting for ajid against the by-law, " yea " or " nay," and
make a return thereof to the Returning-Officer of the
Municipality.
168. The Council shall, in the by-law, fix the time and
place when and where the Returning-Officer of the Munici-
pality shall sum up the number of votes given for or against
such by-law.
160. On the application of any person interested in pro-
moting or opposing the passage of the by-law, the Chairman
shall authorise the attendance of one person, on behalf of
the party applying, at each polling place and at the final
summing up of the votes.
ITO. Every ratepayer being a man, unmarried woman
or widow, shall be entitled to vote on any by-law requiring
the assent of the electors, who at the time of tendering the
vote is of the full age of twenty-one years, and a natural
born or naturalized suWect of Her Majesty, and who has
neither directly nor indirectly received nor is in expectation
of recei^ang anj^ reward or gift for the vote which he
tenders, and who is at the time of the tender a freeholder
in his own right or whose wife is a freeholder of I'eal
prope'Sy within such Municipalibj^, and is rated on the last
revised assessment roll as such freeholder for not less than
fou)- hundred dollars, provided that suci person is named
or purported to be named in the voters' list of electors.
(2.) Every ratepayer shall be entitled to vote on any by-
law requiring the assent of the electors, who is a man,
unmarried woman or widow and at the time of tender of
the vote is of the full age of twenty-one years, and a
natural born or natui-alized subject of Her Majesty, and
who has neither directly nor indirectly Teceived nor is in
expectation of receiving any reward or gift for the vote
which he tenders, and is resident within the Municipality
for which the vote is taken for one mOntli next before the
vote, and who is or whose wife is a leaseholder of real
property within the Municipality, and who is rated on the
Mwnicipalities. 95
last revised assessment roll therefor for not less than four
hundred dollars, and whicli lease extends for the period of
time within which the debt to be contracted or the money
to be raised by the by-law is made payable ; in which lea'<a
the -iiSsSee has covenanted to pay all Municipal taxes in
respect of the property leased, and which person is named
or purported to be named in the voters' list.
ITl. The oaths to be submitted to voters shall be in
form similar to those administered to electors when voting
for the Municipal Councillors, provided, however, that such
voters are otherwise duly qualified to vote for such by-law.
IT3. The Returning Officer, after he has received certi-
fied returns from the Deputy Returning Officei-s of the
number of votes given at each polling place, shall, at the
time and place appointed by the by- law, in the presence of
the persons authorised to attend, or such of them as may be
present, sum up fi-on\ such statements the number of votes
for and against such by-law, and shall then and there de-
claspe the'i-esult, and foi-thwith certify to the Council, under
his hand, whether the majority of the electors entitled to
vote, who have voted upon the by-law, approved or disap-
proved of the same.
173. Every by-law which is carried by the required
majority of the duly qualified electors who have voted
thereon, sliall, within six weeks thereafter, be passed by the
Council which submitted the same.
114. A by-law requiring the assent of the electors shall
not come into operation until after thii-ty days from the
final passing thereof by the Council but such by-law shall
come into operation within sixty days after said final
passing thereof.
1 75. All by-laws for contracting debts, which do not
provide for payment thereof within the financial year, shall
receive the assent of the Lieutenant-Governor, after the
passing thereof by the Council of the Municipality, and the
assent of the Lieutenant-Governor to any such by-law shall
be conclusive evidence that all necessary ff>rmalities in
respect to the passing thereof have been complied with.
96 Municipalities.
QUASHING BY-LAWS.
IT 6. In case a resident of a Municipality, or any other
person interested in a Ly-law, order or resolution of the
Council thereof, applies to a Judge of the Supreme Court
and produces to the Court a certified copy of -the by-law,
order or resolution, and shows by affidavit that the same
was received from the Clerk, and that the apphcant is
resident or interested as aforesaid, the Judge after at least
ten days' service on the Munici}iality of a rule to show
cause in this behalf, may quash the by-law, order or resolu-
tion, in whole or in part, for illegality, and according to the
result of the application award costs for or against the
Municipality.
111. No application to quash or annul any such by-law,
order or resolution, in whole or in part, shall be entertained
hy any Judge, unless such application is made within
twenty days from the passing of such by-law, order or
resolution, except in the case of a by-law requiring the
assent of ehctors or ratepayers, when such by-law has not
been submitted or has not received the assent of such
electors or ratepayers, and in such case an application to
quash such b} -law may be made at any time.
178. Any by-law, the passage of which has been pro-
cured tlirougli or by means of any coriupt practices, as
defined by this Ordinance, shall be liable to be quashed
upon any application to be made in conformity with the
provisions hei-einbefore contained.
1 19. Before determining any application for the quash-
ing of a by-law, upon the ground that the passing of the
same has been piocun d by means of any cor)upt practices,
as defined by this Ordinance, and if it is made to appear to
a Judge of the Supreme Court that probable grounds exist
for a motion to quash such by-law, the Judge may there-
upon make an order for an enquiry to be held, upon such
notice to the parties afiected as the Judge may direct con-
cerning the said grounds, before himself or whom he may
appoint to conduct such enquiry, and require that upon
such enquiry all witnesses, both against and in support of
such by-law, be orally examined and crossicxamined upon
oath. The said Judge, after the taking or the return ot
Municipalities. 97
said evidence, as the case may be, niay, upon notice to .such
of the parties concerned as he thinks proper, proceed to
hear and determine the question, and if the grounds there--
for appear to iiaii to be satisfactorily established, he may
make an order for quashing said bj?-law, and order tJje
costs aittend'ing such proceedings to be paid by the parties
or any of them who have siipporteil said by-law ; and if it
appears that the applicntion to quash said by-law ought to
be dismisse 1, the said Judge may so order, and in his dis-
cretion award costs to be paid by the persons applying, to
quash said by-law.
180. After an -oi-der has been made by a Judge directing
an enquiiy, and after a copy of such order hfis been left
with the Clerk of the Municipality of which the by-law is in
question, all further proceedings upon the by law shall bo
sta,yed until after the disposal of the application in respeCfc
of which thj eiiquii-y has l)een diri-cti^d ; bat if the matter- is
not prosecuted to the satisfaction of the Judge he may re-
move the stay of proceedings.
181. In case a by-law, order or resolution is illegal, in
Avhole or in part, and in case anything has been done under
it which by reason of such illegality gives any person a
right of action, no such actign shall be brought until one
month has elapsed after the bydaw, order or resolution has
been quashed or repealed, nor until one month's notice iU
writing of the intention to bring such action has be> n eivcn
to the Municipality, and every such action shall be brought
against the Municipality alone, and not against any person
acting under the bydaw, order or resolution.
183. In case the Municipality tenders amends to the
plaintiff or his attorney, if such tender is pleaded and (if
traversed) proved, and if no more than the amount tendered
is recovered, the plaintiff shall have no costs, but costs shall
be taxed to the defendant, and set oiF against the verdict,
and the balance due to either party shall be recovered as in
ordinary cases.
183. No bydaw shall be set a.-side for corrupt praeticce;
provided the passage thereof was not afiected by such cor-
rupt practices.
98 Municipalities.
CORRUPT PRACTICES.
184. The following persons shall be deemed guilty of
bribery, and shall be punished accordingly :
(1.) Every person who directly or indirectly, by himself,
or by any other person in his behalf, gives, lends, or agrees
to give or lend, or offers or promises money or valuable
consideration, or gives or procures, or agrees to give or pro-
cure, or offers or promises, any office, place or employment,
to or for any voter, or to or for any person on behalf of Any
voter, or to or for any person in order to induce any voter
to vote or refrain from voting at a Municipal election, or
upon a by-law for raising money or creating a debt upon a
Municipality or part of a Municipality for any purpose
whatever, or who corruptly does any such act as aforesaid, oil
account of such voter having voted or refrained from voting
at such election or upon such by-law ;
(2.) Every person who, directly or indirectly, by himself,
or by any other person in his behalf, makes any gift, loan,
offer, promise or agreement as aforesaid, to or for any per-
son in order to induce such person to procure or endeavour
to procure the return of any person to serve in any Munici-
pal council, or to procure the passing of any by-law as
aforesaid, or the vote of any voter at a Municipal election
or for such by-law ;
(8.) Ever'y person who by reason of any such gift, loan,
offer, promise, procurement or agreement, procures or en-
gages, promises or endeavours to procure the return of any
person in a Municipal election, or to procure the passing of
any by-law as aforesaid, or the vote of any voter a,t a
Municipal election, or for such by-law ;
(4.) Every person who advances or pays, or causes to be
paid, money to or to the use of any other person, with the
intent that such money or any part thereof shall be expend-
ed in bribery at a Municipal election, or at any voting upon
a by-law as aforesaid, or who knowingly pays or causes to
be paid any money to any person in discharge or repay-
ment of any money, wholly or in part expended in bribery
at such election, or at the voting upon such by-law ;
(5.) Every voter who, before or during a Municipal . elec-
tion, or the voting on such by-law,.direcfcly or indirectly, by
himself or any other person in his behalf, receives, agrees
or contracts for any money, gift, loan or valuable considera-
tion, office, place or employment, for himself or any other
Municipalities. 99
person, for voting or agreeing to vote, or refraining or
agi-eeing to refrain from voting at such election or upon
such by-law ;
(6.) h^iVery person who after any such election or tlie
voting npori any such by-law, directly or indirectly, by him-
self or any other person on his behalf, receives any money
or valuable consideration, on account of any person having
voted or refrained from voting, or having induced any other
person to vote or refrain from voting at any such election,
or upon any such by-law ;
(7.) Every person who hires horses, teams, carriages or
other vehicles, for the purpose of conveying electors to or
from the polls, and every person who receives pay for the
use of any horse, teams, carriages or other vehicles, for the
purpose of conveying any electors to or from any polls as
aforesaid.
185. Every person who, directly or indirectly, by himself
or by any other person on bis behalf, makes use of or
threatens to make use of any force, violence or restraint, or
inflicts or threatens the infliction, by himself or by or
through any other person, of any injury, damage or losg, or
in any manner practices intimidation upon or against any
person in order to induce or compel such person to vote or
refrain from voting, or on account of such person having
voted or refrained from voting at any election, or who in
any way prevents or otherwise interferes with the free
exercise of the franchise of any voter, shall be deemed to
be guilty of undue influence and be subject to the penalty
hereinafter mentioned.
1 80. Tlie actual personal expenses of a candidate, his
expenses for actual professional- services performed, and
bona, fide payments for tlie fair cost of printing and adver-
tising shall be held to be the expenses lawfully incurred,
and the payment thereof shall not be a contravention of
this Ordinance.
\
18T. Any candidate elected at any Municipal election
who shall be found guilty by the Judge of any act of
bribery, or of using undue influence as aforesaid, shall for-
feit hi.s seat, and shall be rendered ineligible as a candidate
at any Municipal election for two years thereafter.
lOO'- Munici'pulities.
188. Any person who is adjudged ffuilty of briliery,
shall incur a penalty of twepty-iive dollars and shall be
disqualified from voting at any Municipal election, or upon
a by-law for the next succeeding two years.
88®. The penalties imposed by the preceding section
shall be recoverable, witb full costs of suit, by any person
who sues for the same, in the Supreme Court having juris-
diction where the offence was committed ; and any person
against whom judgment is rendered, shall be ineligible
either as a candidate or a municipal voter, until the amount
which he has been condemned to pay is fully paid and
satisfied.
ISO. It shall be the duty of the Judge who finds any
candidate guilty of a contravention of sections 183 and 184
of this Ordinance, or who condemns any person to pay any
sum in the Supi-eme Court for any offence within the mean-
ing of this Ordinance, to report the same forthwith to the
Cleik of the Municipality wherein the offence has been
committed.
101. The Clerk of eveiy Municipality shall duly enter
in a book to be kept for that purpose, the names of all per-
sons within hi.s Municipality who have been adjudged guilty
of any offence as aforesaid, and of which he has been notified
by the Judge who tried the case.
i9?J. Any witness shall be 'bound to attend before the
Judge cjf the Supreme Court upon being served with the
order of the Judge directing his attendance, and upon pay-
ment of the necessary fees for his attendance, in the same
manner as if he had been directed by a writ of subpcena, so
to attend, and he may be punished for conttimpt and shall
be liable to all the penalties for such non-attendance in the
same manner as if he had been served with a subpoena.
193. No person shall be excused from answering any
question put to him in any action or other proceeding in
any Couit or before any Judge, touching or concerning any
election or by-law, or the conduct of any person thereat, or
in relation thereto, on the ground of any privilege, or on
the ground that the answer to the question tends to crimin-
ate such person, but no answer, given by any person claim-
m'wnwipabivies. 101
ing to be excused on the ground of privilege, or on tlis
ground that sucli answer will subject him to any penalty
under this Ordinance, shall bo used in any proceeding under
this Ordinance against such person, if the Judge gives to the
witness a certificate that he claimed the right to be excused
on either of the groimds aforesaid, and made full and true
answer to the satisfaction of the Judge.
194. All proceedings other than an application in thB
nature of a quo warranto against any person for any
violation of sections 184! and 185 of this Ordinance shall be
commenced within thirty days after the Municipal election
at which the otfence is said to have been committed, or
within thirty days after the day of voting upon a by-law
as aforesaid.
CONTROVERTED ELECTIONS.
195. In case the validity of the election of Councillor^
is contested, the same may be tried by a Judge of any
•Supreme Court in Chambers, and any candidate at the
election or any elector who gave or tendered his vote thereat,
or any member of the Council, or any elector of the Ward,
or if theie is no Ward, of the Municipality, may be the
relator for the purpose.
196. If within six weeks after the election, or one
month after the acceptance of office by the person elected,
the relator shows by affidavit to any such Judge reasonable
.grounds for supposing that the election was not legal, or
was not conducted according to Law, or that the person
declarci] elected thereat was not duly elected, and if the
relator enters into a recognizance before the Judge or before
a Justice of the Peace or a Commissioner for tiaking Affida-
vits, in the sum of two hundred dollars, with two sureties
to be allowed as sufficient by the Judge upon affidavit of
justification, in the sum of one hundred dollars each,, con-
ditioned to prosecute the writ with effect, or to pay the party
against whom the same is brought any cost which may te
• adjudged to him against the relator, the Judge shall dii-ect
a writ of summons in the nature of a qvM warranto to be
'issued to try matters contested.
1911. Incase the relator alleges that he himself or some
other peroon has been duly elected, the Wi-it shall be to try"
102 ' Municipalities.
the validity, both o£ the election complained of and the
alleged election of the relator or other person.
1 98. In case the grounds of objection apply 'iqually to
two or more persons elected, the relator may proceed by one
writ asrainst such persons.
199. When more writs than one are brought to try the
validity of an election, all such writs shall be made return-
able before the Judge who is to try the first, and such
Judge may give one judgment upon all, or a separate judg-
ment upon each or more of them as he thinks fit.
*/J00. The writs shall be issued by the Clerk of the
Supreme Court, and shall be returnable before the Judge
in Chambers, at a place named in the writ, upon the eighth
day after service, computed exclusively of the day of service,
or upon any later day named in the writ.
5J0I. The writ shall be served personally, unless the
party to be served keeps out of the way to avoid personal
service, in which case the Judge, upon being satisfied there-
of, by affidavit or otherwise, may make an order for such
substitutional service as he thinks fit.
302. The Judge before whom the writ is made return-
able or is returned, may, if he thinks proper, order the issue
of a writ or summons at any stage of the proceedings, to
make the Returning Officer or any Deputy-Returning
Officer a party thereto.
/S03. The Judge before whom the writ is returned may
allow any person entitled to be a relator to intervene and
defend, and may grant a reasonable time for the purpose,
and any intervening party shall be liable or entitled to
costs like any other party to the proceedings.
204. The Judge shall in a summary manner, upon state-
^lent and answers without formal pleadings, hear and
determine the validity of the election, and may by order
cause the assessment rolls, collector's rolls, list of electors,
and any other records of the election to be brought befoi-e
him, and may enquire into the facts on affidavit or affimia-
•tion or by oral testimony.
.yiunicipaUtiefi. 103
205. In case the election complained of is adjudged
invalid, the Judge shall forthwith, by writ, cause the person
found not to have heen duly elected to he removed, and in
case the Judj/e determines that anj' othei' person was duly
elected, the Jiidge shall forthwith order a writ to issue
causing- such other person to be admitted, and in case the
Judge determines that no other* person was duly elected
instead of thf peison removed, the Judge shall, by the writ,
ca-ase a new election to lie held.
2®ift. In case the election of all the members of a Coun-
cil is adjudged invalid, the wiit for their removal and for
the election of new members in their place, or for the
admission of others adjudged lesally elected, and an election
to fill up the remaining seats in the Council, shall be directed
to the Sherift' of the Judicial District in which the election
took place, and the Sheriff shall have all the powers for
causing the election to be held, which a Municipal Council
has in order to supply vacancies therein.
/JO'J. Any person, whose election is complained of, may,
unless such election is complained of on the ground of
coriupt practices (.)n the part of such person, within one
week after service on him of the writ, transmit, post-paid,
through the Po.st Office, directed to "Tiie Clerk of the
Judicial District " who issued the writ, or may cause to be
delivered to such C-lerk, a disclaimer signed by him to the
effect following :
I, A.B., upon whom a Writ of Summons in the nature of a Quo
Warranto has been served for the purpose of contesting my right to
the office of Councillor, for the Municipality of
do hereby disclaim the said office and all defence of any right I may
have to the same.
Dated day of
Signed
A.B.
%08. Such disclaimer, or the envelope containing the
same, shall moreover be endorsed, on the outside thereof,
with the word " Disclaimer," and be registered at the Post
Office where mailed.
%01>. Where there has been a contested election, the
104 Mimicipalthes.
pei-son elected may, at any time after the election, an^
tefore his election is complained of, deliver to the Clerk of
the Municipality a disclaimer signed by him as follows :
I, A.B., do hereby disclaim all rights to the office of Councillor, for
the Municipality of and
all defence of any right that I may have to the same.
Sin®. .Such disclaimer shall relieve the party makin<T it
from all liability to costs, and where a disclaimer has been
made in aceordiiiice with the preceding sections, it shall
operate sis a resignation, and the candidate, having the next
liiirhust number of votes, shall then become the Councillor,
or other oftcer, as the case may be.
SI 1. Every person disclaiming shall deliver a duplicate
of his disdaimer to the Clerk of the Council, and the Clerk
shall foi'thwith communicate the same to the Council.
Si/S. No costs slmll be awarded against any person duly
discJaimiiig, unless the Judge is satisfied that such pai'ty
consented lo his nomination as a candidate, or accepted the
office, in which case the costs shall be in the discretion of
the Juflge.
/8 1 3. In all cases not otherwise provided for, costs shall
.be in the discretion of the Judge.
SI 4. The decision of the Judge shall be final, and he
shall, immediately aftei- his judgment, return the writ and
judgnient, with all things had before hiiu touching the .-.ame,
exc pt S'Jc-h as he may olherwise order, into the Court from
wide', th;' writ issuoi, theri.' to reuiain of record as a judg-
ment of the said Court, and he shall, as occasion requires,
enforce such judgment by a writ in the nature of a writ of
peremptory mandamus and by writs of execution . for the
ousts awai'ded.
3 1 5. The Judges of the Supreme Court sitting in Bitnc
or a majority of th-m. may, by rules, settle the forms of the
Wilts of .summons, certiorari, mandamus and exetution
tinder this Ordinance, and may regulate tlie practice respect-
ing the suing out, s.jr\ice and execution of sucii writs, and
the punishaient for disobeying the same, or^xny other writ
Municipalities. 105
or order of the Court or Judge, and respecting the practice
generally, in hearing and determining the validity of such
elections or appointments, and respecting the costs thereon,
and may from time to time rescind, alter or add such rules,
but all existing rules shall remain in force until rescinded
or altered as aforesaid.
SALE OP LAND FOE TAXES.
%5<». Subject to the provisions of the Territories Real
Propeiiy Act, the taxes accrued on any land shall be a spo-
cial lien on such land, having preference over any claim,
lien, privilege or encumbrance of any party whomsoever..
Sfil. Any Municipality may bj' by-law remit the whole
or any part of tlie taxes so in arrears within the Municipal-
ity, and upon the passing of such a by-law, the Clerk of
the Municipality shall forthwith transmit a certified
copy of such by-law to the Treasurer, and the Treasurer
shall then collect only so much of said taxes in aixears as
are not by the by-law remitted.
^18. The Treasurer shall on demand give to the owner of
any land charged with arrears of taxes a written statement
of the arreai's as appears in his oiEce at that date, certified
under liis hand, and he may charge a fee of twenty cents
for each search on e-very parcel of land not exceeding four,
and for eveiy additional ton lots or parcels a fee of twenty
cents.
31®. The Treasurer shall annually, on or before the fif-
teenth day of June, prepare a list of all lands agains^. wbieh
arrears of taxes remain unpaid in his ofiice, and shall add
thereto a commission of two and one-half per cent., for sell-
ing, and a proportionate share of the cost of any advertising
required to be done by him to carry out the provisions of
this Ordinance, the list to state under separate heads the
Municipality, lot, or section, township, range, number of
acres; or size of lot, amount in arrears, and costs, and total
amount against the land.
-'t."
%^®. The lists, so prepared by the Treasurer, shall be
headed '• List of lands in the (fill in proper title) to be sold
for taxes," and shall in addition to the provisions herein-
106 Municipalities.
before contained, publish the same in four consecutive
weekly issues of a newspaper published in the Municipality,
if there be one, and if there be none such published, then in
such newspaper as the Council by resolution may direct,
and at the foot thereof shall state the day, time and place
when and where the lands described therein are to be sold ;
and for the next following nine consecutive weekly issues
of sa,id newspaper, shall publish a notice therein in form
following:
"Sale of lands in the (fill m proper title) for aiTears of taxes."
"Notice is hereby given that certain lands in the (till in proper
name) will be offered for sale for arrears of taxes (stating the day,
time and place when and where the said lands are to be sold, and the
dates of the, issues of the said newspapers in which a full list of said
lands may be found.)"
Ajid shall also publish a similar notice in the North- West
Tei-ritories Gazette during the said thirteen weeks, and post
up a copy of said list as advertised in at least five conspic-
uous places in the Municipality, one of which shall be in the
Clerk's oWice, and also one in each Post Office in the Muni-
cipality.
221. At the place and at the time advertised, and which
shall be within one month after the last publication of the
sale a,s hereinbefore provided, the Treasurer shall proceed to
sell the lands by public auction, and the same shall be
offered for sale in lots or parcels, as the case may be, against
which the arrears of taxes together with the costs and
charges stand.
'iH'i, Where the title to any land sold for arrears of
taxes is in the Crown, the deed therefor, in whatever form
given, shall lie held to convey only such interest as the
Crown may have given or parted. with, or may be willing to
recognize, and the Municipality, on whose behalf any land
shall be sold for arrears of taxes as aforesaid, shall, in case
of any such sale being declared invalid, be liable only for
the purchase money actually paid therefor to the Munici-
pality and interest thereon as for damages or otherwise.
223. It shall not be the duty of the Treasurer to make
enquiry, before effecting the sale of land for taxes, to ascer-
tain whether or not there is any distress on the land, nor sliall
Municipalities. 107
he be bound to inquire into, nor form any opinion of, the
value of the land.
224. The Treasurer shall offer each lot or parcel of land
separately, and shall state the whole amount due on said lot
or parcel, and shall sell the whole or so much thereof as is
necessary to the party who pays the whole of said arrears,
costs and charges.
235. The land adjudged to be sold by the Treas^irer
under this Ordinance shall be, (when the land is not sub-
divided into lots as defined in this Ordinance,) described by
commencing at the south-east corner, and shall conform as
nearly as may be to the shape and number of acres in the
lot or parcel of land offered for sale, and shall include
the buildings or other improvements thereon, and when the
land has been sub-divided into lots, if the whole lot is not
sold, the amount adjudged to be sold shall.be a strip off the
whole southerly side of said lot, and shall include the build-
ings or other improvements thereon.
226. All sales of lands for taxes shall take place and be
holden within the limits of the Municipality where the land
to be sold is situated.
227. The owner of any land may pay the arrears, with
costs and charges against the same, at any time before the
same is sold.
228. The Treasurer may adjourn the sale from time to
time, but at the 'time of such adjournment shall publicly
state at what time the sale shall be resumed.
J
22J>. If the purchaser of any land fails to pay his pur-
chase money immediately after a sale, the Treasurer shall
forthwith put up the property for sale again.
230. The Treasurer, after selling any lands for taxes,
shall give a certificate to the purchaser, stating what part of
the land has been sold, describing the same as in the notice
of sale, the quantity sold, the sum for which it has been sold,
and further stating that the land so sold will be conveyed
by the Treasurer to the purchaser or his assigns, on his or
108 Munict/palMwH.
their demand, at any time after two years from the date of
sale, if the same be not previously redeemed.
2S31. The purchaser shall, on receipt of the Treasurer's
■ certiiicdte, become the owner of the land, so far as to have
all tlie necessary rights of action and powers for protecting
the same from spoliation or waste imtil the expiration of
tlie term during which the land may be redeemed ; but. he
sliall not knowingly permit any person to cut timber upon
the'land or otherwise injure the land, nor shall he do so
himself, but he may use the land himself without deterio-
rating its value, provided that the purchaser shall not be
liable for damage done to the property without his know-
ledge.
5S3?5. The owner, or his agent appointed by him in
writing, may redeeui any land sold by the Treasui'er for
aaTears of taxes at any time after, and before the expii-ation
of two years from th ■ sale thereof, by paying to him the
full amomit for which the land was sold and interest there-
on at tlie rate of twenty per centum per annum, to be compu-
ted from the date of sale, and an additional commission to
the Treasurer of two ami one half per cent.
^ǤS. Fiom and after the payment to the said Treasurer
of the amount of redemption money as aforesaid, the pur-
chaser shall cease to have any further rights in or to the
lands in question.
3S4. The purchaser shall be entitled to receive the full
amount of purchase money from the Treasurer for the land
iso redeemed, together with interest to be computed at the
rate of twenty per centum per annum, from the date of the
certificate gi\en to him by the Treasurer to the date of the
redemption.
S3S. If the land be not redeemed within the period
allowed for its redemption, being two yeais from the date
of sale, exclusive of tliat day. then on demand of the pur-
chaser or his assigns or other legal representatives, at any
time afterwards, and on payment of two dollars, the Treas-
ui'er shall prepare and execute and deliver to him or them a
transfer in duplicate of the land sold, as in form " L " in the
appendix to this Ordinance.
Municipalities. 103
(,2.) Such transfei' deed shall name the date and state tluj
cause of sale and the price, and shall describe the land
according to the description in the certificate, and no ta-ans-
fer shall be invalid for any error or miscalculation in the
anionnt of taxes or interest thereou in arrears.
•/J3©. The Treasurer, in addition to the fees, comuiissions
and charges for selling, shall be entitled to receive a com-
mission from the Municipality of two and one half per
centum on all moneys collected on account of arrears of
taxes, and may deduct the same from any money remain-
ing in his hands to the credit of the Municipality.
EXECUTIONS AGAINST MTJWICIPALITIKS. .
831. Any writ of execution against a Municipality may
be endorsed with the direction to the Sheriff to levy the
amount thereof by rate, and the proceedings thereon shall
be as follow :
(1.) The Sheritf shall deliver a copy of the writ and en-
dorsement to the Treasurer of the Municipality, ivith a
statement in writing of the amount required to satisfj' such
execution, including the amount of interest theixon, and
Sheriii's fees, and demand the payment of the same;
(2.) In case the amount demanded is not paid to the
Sheriff within thirty days after such delivery, the Slieriff
shall examine the assessment roll of the Municipality, and
shall in like manner as rates are struck for general Munici-
pal purposes, strike a rate sufficient in the dollar to cover
the amount claimed as aforesaid, with such addition to the
same as the Sheriff deems sufficient to cover the interest,
his own fees and the Collector's percentage, up to the time
when such rate will probably be available ;
(3.) The Sheriff shall thereupon issue a warrant or war-
rants, under his hand and seal of office, directed to the
Collector or Collectors respectively of the Municipality, and
shall annex to every precept the roll of such rate, and shall
by such precept, after reciting the writ, and that the corpor-
ation had neglected to satisfy the same, and reff rring to the
roll annexed to the warrant, command the Collector or
Collectors, within their respective jurisdiction, to levy such
rate at tlie time and in the manner by Law required in re-
spect to the general annual rates ;
(4.) In case at any time for levying the annual rates, next
no Municipalities.
after receipt of such warrant or warrants, the Collectors
have a general rate roll delivered to them for such year,
they shall add a column thereto headed : Execution rate in
A. B. versus the Municipality of . as the case may
be, adding a similar column, if there are more executions
tlian one, and shall insert therein the amount by such war-
rant or warrants to be levied upon each person respectively,
and shall levy the amount of such execution rate as afore-
said, and shall, within the time they are required to make
the returns of the general annual rate, return to the Sheriff'
the waiTant or warrants with the amount levied thereon,
deducting their percentage :
(5.) The Sheriff shall, after satisfying the execution and
all fees thereon, pay any surplus, within ten days after re-
ceiving the same, to the Treasurer, for the general purposes
of the Municipality ;
(6.) In case the Collector of any Municipality, against
which an execution has issued, is not paid by percentage
fixed by by-law of the Municipality, he shall be paid for
such collections a sum not exceeding two and one half per
centum.
5J-18. The Clerk, Assessors and Collectors of the Corpor-
ation shri.ll, for the purposes of the carrying into effect, or
permitting or assisting the Sheriff to carry into effect the
provisions of this Ordinance, with respect to such execution,
be deemed to be Officers of the Court, from which such
wiit issued, and as such, may be proceeded against by
attachment, mandamus or otherwise, to compel them to
pei-form the duties hereby impost^d upon them.
ARBITRATIONS.
33S). In any case where a dispute arises between two
Municipalities, or between a person and a Municipality, in-
volving a claim for the payment of money or damages, or
between two or more parties for the surplus money in
the hands of a Municipalitj', in cases where property
distrained for the payment of taxes has been sold for more
than the amount of taxes and costs, either party to the dis-
piite may require that the same be settled b^- arbitration.
5440. In cases where arbitration is authorized, either
party may appoint an arbitrator and give notice thereof in
Mu H ie ipaliti e.-i. 1 1 ]
writing to the other party, calliug upon him to appoint an
arbitrator on his behalf, and a notice to a Municipality shs^ll
be given to the Chairman thereof.
5841. The appointment of all arbitrators shall be in writ-
ing under the hands of the appointers, or, in case of a Muni-
cipality, by a by-law of the Council.
34?J. The two arbitrators appointed by or for the parties
shall, within seven days from the date of the appointment
of the last-named arbitrators, appoint, in writing, a third.
rt!43. Where more than two parties are interested, each
of them shall appoint an arbitrator ; and if there should be
an even number of arbitrators, the arbitrators so appointed
shall appoint another arbitrator, or in default, at the expir-
ation of twenty-one days after the last of such arbitrators
has been appointed, the Lieutentant-Governor may, on ap-
plication of any one of the parties interested, appoint such
arbitrator.
!?44. In case of neglect oj- refusal of any party to appoint
an arbitrator when notified so to do, or in case of two par-
ties appointed and being unable to agree upon a third, the
Lieutenant-Governor shall, upon application of any one of
-the parties interested in such arbitration, appoint a party or
parties to act for, and on belialf of, the party so refusing, or
a third arbitrator, as the ease may be.
!?45. In case of an arbitration between a Municipality
and the owners or occupiers of, or other persons interested in,
real property entered upon, taken or used by the Munici-
pality in the exercise of any of its powers or injuriously
affected thereby, if, after the passing of the by-law, any per-
son interested in the property appoints and gives due notice
to the Chairman of the Municipality of his appointment as
an arbitrator to determine the compensation to which such
person is entitled, the Chairman shall, if authorized by by-
law, within seven days, appoint a second arbitrator, and
give notice thereof to the other party, and. shall express
clearly in the notice what powers the Council intends to
exercise with respect to the property, describing it.
846. In such last mentioned arbitration, if, after service
112 Municipalitieis.
upon the owner or occupier o£, or person so interested in.
(he pjoperfcy, of a certified copy of a by-law, the owner or
occupier or person so interested, omits for twenty-one, days
to name an arbitrator, and f;ive notice thereof as aforesaid,
the Council or the Chairman, if authorized by by-law, may
name an arbitrator on behalf of the Council, and give
notice thereof to the owner, occupier or person so int^iested,
and the latter shall, within seven days thereafter, nan)e an
arbitrator on his behalf.
347. Within ten days after the appointment of the thii-d
ai-bitrator, the arbitrators appointed shall meet to hear and
determine the matter referred to them.
348. In any of the cases hereinbefore provided, the
ai-bitrators shall make their award witliin one month
alter the appointment of the third arbitrator.
5S4S). ]Momember,ofl'cer or person in the employment of,
any Municipality interested in any arbitration, shall be
appointed to act as such arbitratoi-.
!?5@. Every arbitrator, before proceeding to try the
matter of the arbitration, shall take and subscribe, the
following oath before any Justice of the Peace or Notary
Public :
"I, A.B , do swear that I will well and truly try the mattere referred
to me by the parties, and a true and impartial award make in the
premises according to the evidence, to the best of my skiU and know-
ledge. So help me God."
351. All evidence taken by any Court of Arbitration
under this Ordinance, shall be taken on oath, and any
arbitrator is hereby empowered to administer the same.
353. A majority of the arbitrators so appointed shall
make the award, and a copy thereof shall be furnished to
each of the parties interested in the matter refen-ed to
arbitration.
353. The arbitrators shall have power to award the
payment of a fixed sum, by any' of the parties to the other,
for the costs of the arbitration, or of any portion thereof,
including fees for their own services as follows
Municipalities. 113
For every meeting where the cause is not proceeded with, but ;
an enlargement or postponement is made at the request of
any party, to each arbitrator, not exceeding $2,00
For every day's sitting, to consist of not less than six hours,
to each arbitrator, not exceeding lO.OO
For every sitting, not extending to six hours (fractional parte
of hours being excluded) where the arbitration is actually
proceeded with, for each hour occupied in such proceed-
ings, to each arbitrator, not exceeding , 2.0O
*Z54. Full notes of the evidence taken by arbitfatom
under this Ordinance shall be made, and together with any
documents submitted in proof of any allegations made on
behalf of parties interested, shall be retained by tlie Chair-
man of the Arbitration^ or until an order is issued by a.
Judge of the Supreme Court, to produce the same in case
of an appeal from the decision of the arbitrators.
355. Every award imder this Ordinance shall be in writ-
ing, and under the hands of all or a majority of the arbitra-
tors, and shall be subject only to an appeal to the Supreme
Court.
356. An award made by arbitrators under this Ordin-
ance may be referred back by the Supreme Court for
amendment or for additional., evidence, or may be set aside
on questions of law, but not on questions of fact.
OATHS AND BEtXARATIONS TO BE TAKEN UNDER THIS ,
ORDINANCE.
35T. Every person elected or appointed under this Ordin-
ance to any oflSce requiring a qualiiication of property in
the incumbent shall, before he takes the oath of office or
enters on his duties, make and subscribe a solemn declaration
to the following effect :
I do solemnly swear that I am a British subject;
thai I had at the time of my election or appointment to th? office of
in the Municipality di ' (as the cast
may be) and still have in my own right (or in the right of my wif^
■ucli an estate as does qualify me to act in the said office and that sucft
estate is (naming the nature of it) and is of the value of _ . .
dollars over and above all charges, liens and fii
tmuusea affecting the same. _
(Signed) A. B.
114 . Municipalities. "'
358. Every member of the Municipality, CLerk, Assessor,
'Collector and Constable shall, before entering on the duties
of his office, make and subscribe a solemn oatli to the follow''-
ing effect : '
I, , do solemnly swear that I will
truly, faithfully and impartially, to the best of my knowledge and ability
execute the office of to which I have been elected or
appointed (as the case ii^ay be) in the Municipality of
and that I have not received and will not receive any payment or reward
or promise of such for the exercise of any partiality or neglect or undue
execution of the said office, and that I have not by myself or' on behalf
of any other person, either directly or indirectly, any interest in any
contract with or on behalf of the said Municipality.
259, Every Auditor, before acting as such, shall take
the following oath :
I, having been appointed to the office of Auditor for tlifl
Municipality of ' do solemnly swear
that I will faithfully perform the duties of such office according to the
best of my judgment and ability, and that I had not either directly or
ijadirectly any share or interest whatever in any contract with, by or
xxa behalf of such Municipality during the year preceding my appoint-
ment (except as auditor, if such be the case), andtliatl have not any
tontraot with the said Municipality except that of Auditor for th«
present year.
/S60. Every member of the Council and the subordinate
officers of the Municipality shall take the oaths of office and
qualification before some Justice of the Peace or Notary
Public, not being a member of the Council, and the Justice
of the Peace or Notary Public shall give the necessary cer-
iifieate of the same having been duly made and .Subscribed.
PENAL GLAUSES.
261. If the Clerk fails to furnish ballot boxes in manner
herein provided, he shall inftur a penalty of , Qjie hundred
dollars for every ballot box, which he has failed to furnish
in the maimer prescribed. '■ ■"■ ' - - '■-
- • S<>3. Any person who :
(a.) Without due authority, supplies any ■ ballot' paper ••to
amy person ;
(p.) Or f laudiilently puts into the ballot box any paper
other than the ballot paper which he is authorized to put in ;
Municipcoiitie^. Hi
« ■''.'■'' ^} . . >,.',■,> ■'.•'•
r (c.) Or fraudulently takes. out of the polling place, any,
Jballot paper;, , , ..
(d.) Or without due authority, destroys, takes, opens or
otherwise interferes with. any ballot box or packet of ballota
then in use fpr the purpose of the election ; ..
shall, on conviction thereof, in a summary way, before a
(Justice of the Peace, be liable to. a fine not exceeding two
hundred dollars and costs of prosecution.
, (2.) And' any Deputy Returning Officer, Poll Gierke
Qandkiate^or Agent who intcrfevea or' attempts to^ interfere-
^th any voter in marking Jiis ballot, or who marks or
causes to be marked a ballot paper so as to defeat the
intentions of the voter, or who fttjany time communicates any
information he may be possessed of as to the candidate or
e^Jididates for whom any vote has-been given,i Or who
mduces any person to display bis feaHot paper so as to make
known to himself or to any.pther.person'the manner in which
ire has voted, or for or against whom, he has marked his
ballot paper, shall, oii conviction thereof, in a summaiy way,
^before two Justices of the Peace, be liable to a fine not ex-
ceeding four hundred dollars, and costs of prosecution, or
iinprispnm.ent not exceeding one year, oi: both.
•; ^63. If any officer uf a -Muuiuipality refuses oi-
neglects to perforjn. any duty required of ,him« by thisj
Ordinance, he shall, on conviction thereof, be fined in a
^um not cxeaeding one huiiilred dollars. ; ■ ' ,
'-.: 34114. Every line and penalty iiijp&.sed by or under the
authority of tUiis Ordinance, may, unless where other pro-
•^.ision. is specially made theuefoi-, be recovered and* enforced
wjth co.st8 of pro.secution, byr summar / couviction before
any Justice , of vtho Pyace for the i North- West Territories,
andj,ail such nnes and ■ penalties, rwiien recovered, shall
form part of the Gisncral Fund of the Municipality wherein
the. same, isi intpjsed. . ,...■;■"'•.'■ '•..^ J : '' .*
365. ProctSedings for offences under this Ordinance tnay
-Ae Lad, and proceedings therein 'takcsnilnd conduetied, under
■iind by virtue of the' Act of the /Parliament of Canada inti-
tuled'' The Suamaary Co; ivTtefcioHS Act." ;-?■.;,. i
366. The Council of every Municipality may pass by-
116 Mvnicipalitiefi.
laws for inflicting i-easonable fines and penalties, not exceed-
ing one hundred dollars, exclusive of cost,s, for breach of
Any of the by-laws of the Municipaility, and for' inflicting
reasonable punishment by ini prison ment, with or without
hard labor,' either in the lock-up house of the Municipality,
or in the nearest common jail, for any period not exceeding-
thirty ^iays, in "case of non-payment of the fine and costs
inflicted for any such breach, unless such fine and costs,
including the Costs of comn)ittal, are sooner paid ; except
for breach of any by-law or by-laws passed for the sup-
pression of houses of ill-fam^, for which the imprisonment
may be for any peiiod not exceeding six months, in case of
the non-payment of the fines and costs inflicted, unless such
fines and costs including costs of committal, are sooner paid;
TOWNS.
■ 36T. Whenever any area is incorporated as a Town-
Municipality, the same shall be styled and known as the
Municipality of thi; Town of (the name by which it is to be
known), and, unless otherwise provided, the Council thereof
shall consist of a Mayor and six Councillors, elected annual-
ly, at the time and in manner as provided for Municipalities
by this Ordinance, except that the inhabitants of every
Town Municipality incorporated previously to the com-
mencement o this Ordinance shall continue to be a body
corporate under its existing name, and otherwise shall he
subject to the provisions of this Ordinance,
368. The several provisions of this Ordinance, and forms
in the Appendix thereto mutaiis Diutandis, relating to
Municipalities generally, and all the powers conferred and
duties imposed upon Municipalities, the Councils and ofiicers
thereof, except herein otherwi^ provided, shall appertain to
^own Municipalities, as if in each instance specially enact-
ed ; and the word " Chairman '■ wherever used in this Or-
dinance shall, in an incorporated town, mean the Mayor.
%%9. The Council of a Town Municipality may, in addi-
tion to its other powers, pass by-laws for :
(1.) The erection and regula;tion of hospitals;
(2.) ^Preventing the putting of anything prejudicial to
iealth into any stream or body of water, within the town, or
from which water is supplied for an pui-pose ;
Municipalitieg:' 117
(^.) Preventing the, burial of the dead within the Munici-
pality ;
(4.) Appointing a Street •Surveyor^, whose duty it shall
be, under- authority of the Council, to oversee all work on
streets, alleys, lanes, by-ways, sidewalks, drains, water
courses and ditches, and generally any work to be done of a
public nature ;
(5.) And to assess against the property of owners to bfr
benefited thereby, the whole or any part of any public
improvement or work, such as the laying out or widening
of any street, lane, alley, or by-way, public square, building
site, , walks, grading and paving streets, building or enlarging
drains, sewers, watercourses and ditches, and appropriate
land therefor, the property of individuals both within and
without the Municipality ; but nothing in this Ordinance
shall be taken to allow a Council to enter on or appropriate
any land the property of another, without first paying the
owner the value thereof in full, the same to be determined
by arbitration as in this Ordinance provided ;
(6.) The Council of every Municipality shall make to the
owners or occupiers of, of other person interested in lamis
entered upon, taken, or used by the Corporation in the
exercise of its powers, due compensation for any damages
(including cost of fencing when required) necessarily result-
ing from the exercises of such powers, beyond any advan-
tage, which the claimant may derive from the contemplated
work, and any claim for such compensation, if not mutually-
agreed upon, shall be determined by arbitration under this
Ordinance ; . .
(7.) In the case of real property, which a Council has
authority under this Ordinance to enter upon, take, or use
without the owner's consent, corporations, tenants in tail or
for life, guardians, committees and trustees shall on behalf
of themselves, their successors and heirs respectively, and on
behalf of those they represent, whether infants unborn,
lunatics, idiots, married women or others, have power to act
as. well in reference to any arbitration, notice and action
under this Ordinance, as in contracting for and conveying to
^he Council any such lands, or in agreeing as to the amount
of damages arising fiom the exercise by the Council of
gjiy power in respect thereof ;
■ (8.) In case there be no such person, who can so act in
respect to such lands, or in case any person interested in
respect to any such lands is absent from these Territories,
I ] 8 Municijialitias.
or is unknown, or in case' fas' T^sideiice is unknown, or he
himself cannot be found, the Judge of the Supreme Court
of the Judicial Disttiet.'iii which' sU(*h' propei-tj- is situate,
may, on the application of thu Council, appoint a person to
act in respect to the saine' ' fdr' all or any ' of the said,
purposes ; ' '- ' ■■■-"■,
(9.) In case an:y person, acfciiig as aforesaid, has not the
absolute estate in the ■. property, the Council shall pay, to'
him le,i;al interest on the amount to be paid in respect of
such property and shall retain the principal to be paid to.
the person entitled to it, whenever he claims the same, and'
executes a valid acquittance therefor, unless the Judge of
the Supreme Court of the'. Judicial- District, in which such-
property is situate, in the meantinie dii'ects the Council to"
pay the same to any person or into Court ; and the Council'
shall not be bound to see' to the application of any interest
so paid or of any t.um paid under the direction of such
Court ; .
(10.) All sums, agreed upon or awarded in respect of such
real property, shall be subject to the limitations and charges
to which tlie property was subject;
(II.) The Council- of any Municipality, in all cases where
claims for compensation or damages are made against them,
which under the pr'ovisions of this Ordinance are declared
to be the subject of arbitration, in the event of the parties
not being able to agree, may tender to any person making
such claim, such amount, as they may consider proper com-
pensation for the damage sustained, or lands taken, and in
the event of the non-acceptance by the claimant or claimants
of the amount so tendered and the arbitration being pro-
ceeued with and if an award is obtained for an amount not
^eater than the amount so tendered the costs of the arbi-
tration and award shall, unless otherwise diiected Viy the
Arbitrator, be awarded to the Corporation and set off against
any amount, which shall have been awarded against them.
TENDERS OF AMENDS.
37©. The Council of any Municipality, upon any claim
being made, or action brought for damages for alleged
negligence on the part of the Municipality, may tender or
pay into Court, as the case may be, such amount as they
may consider proper compensation for the damage sustainedj
and in the event of the non-acceptance by the claimant of
Municipa lit ;'m. ] 1 9
such tender or tlie iimonnt paid into' Court, and tlie action-
being proceeded with, and a verdict being obtained for no
greater amount than the amount so tendered or paid into.'
Court, the costs of suit shall be awarded to the Defendants.:
and set off against any verdict, which shall have been
obtained against them.
371. Every a-ssessnient made under auth .rity of the'
preceding section, for work or im.provement or repairs to be '
done, shall be made by the sts-eet surveyor.
SIS. The assessiaent shall be made upon, such property •
as the street .surveyor deddes is directly benefited hy such ■
improvement, but no such work or impsovement shall he''
undertaken unl(:>,ss on a petition therefor to the Council of.
' two-thirds of the number of tho.se to be benefited tliereby,
and who would be assessed therefor, except in case of I'epairs"
to work done previously and for which property owners
have contributed, and then only in a sum not exceeding two
hundred dollars, which shall be rateably assessed on the
basis of the original assessment.
ST3. Assessments made under the three preceding clauses
shall be signed by the Mayor and Clerk, and published
weekly fur four consecutive weeks in some newspaper pub-
lished in the town, or if tliere be none, then in such news-
paper as the Council may by resolution direct, and in all
other respects as to notice, demand, appeal, provision and
collection, shodl be subject to the provisions of this Ordinance.
374. The Mayor and Council shall be the Court of Re-
vision of the town.
3T5. Every Municipality shall keep in repair all side-
walks, crossings, sewers, culverts and approaches, gi"ades
and other works made or done by its Council, and on default
so to keep in repair, shall ]>e responsible for all damages
sustained by any person by reason of such default, but the
action must l)e brought within six months after the dam-
ages have been sustained.
376. The rate in any year to be levied against property
of every kind in -towns, including improvement tax, general
fund, local fund, and school rates, together with interest on
120 Municipalities.
the debt and sinking fund, shall not exceed two and a half
cents on the dollar.
311. Except members of Her Majesty's Naval or Military-
Force, on full pay or on actual service, or of the North-West
Mounted Police Force, or of a Fire company duly organized
by by-law of the Municipality, every male inhabitant of an
incorporated town, of the age of twenty-one years and
upwards, who has resided in the said town for a period of
two months, and has not been assessed upon the assessment
roll of the town, or whose taxes do not amount to two
dollars, shall be taxed at two dollars yearly, to be levied
and collected at such time, by such person, and in such
manner as the Council of the Municipality may by by-law
direct.
APPENDIK.
FORM A.
(PETiTioif vide Section 8.)
To His Honor the Lieutenant-Governor \
" of the North-West Territories. /
The Petition of the undersigned showeth :
1. That they are respectively British subjects, over twenty-one years
of age, and now are and have been either owners or householders with-
in the area herein described, for three months last preceding the date
of- this petition.
2 That no part of said area lies within any existing Municipality.
3. That the total number of male British subjects, over twenty-one
years of age, within the said area, who now are and have been, either
owners or householders, for three months next preceding the date of '
this petition, is
Your Petitioners therefore pray that under the provisions of "The
Municipal Ordinance," the following area, namely :
may be established as a Municipality by the name of the Municipality
of
And your Petitioners Will pray.
Dated, 18
Municipalities. 121
FORM B.
Affedavit to accompany Petition, mde Seotion 9.)
Canada,
, }'•
North- West Territories,
of in the said
Territories, do solemnly swear : —
That I was personally present, and did see the several persons, whose
names are subscribed thereto, sign the Petition hereto annexed, praying
for the erection of the area therein described into a Municipality, by
tiie name of
That the total number of Persons duly qualified, in accordance with
the said Ordinance, to sign the said Petition, is
That the total number of persons, duly qualified, who have signed
the said Petition, is
That public notice, a copy of which is hereto attached, of such ia-
tended application, was posted on the day of
18 , in three different places withm the proposed
area.
Sworn before mc,
at the said
Territories, on the day
of 18
}
FORM C.
(Notice of Application for Incobpokation, vide Section 9.)
Notice.
Public notice is hereby given, that the undersigned and others wUl,
by petition, apply to His Honor the Lieutenant-Governor for the
erection of the area hereinafter described into a Municipality, under
the provisions of "The Municipal Ordinance," to be styled "The Mu-
nicipality of (here husert the name proposed) namely : The area com-
posed of {givmg sections, townships, ranges and meridians).
Dated at this day of 18
A. B.,
C. D,
E. F.,
Three of the Petitioners.
(Election Notice at First Election, vide Section 15.)
NoticE. ■■■
Municipality, of .\ ' ■■ ' [ ■;■,■, ■.,■ ■ ■ ■ •'
Public Notice is hereby given to the Ejectors of the Municipality
aforesaid, that, having been appointed by' order of His Honor the
Lieutenant-Governor, dated the day of 18 ,
Returning Officer to hold the fii'st Election of Councilors for the said.
Municipality, I hereby require the presence pf the said Electors, at
on (here insert day of week, as well as date) from ten until
noon of the clock.of the said day,f -r the purpose of nominating
persons as' Councillors for the s&id Municipality; and that in case a Poll
becomes necessary, such 'PpE will be opened on (here iiisert same day
of the week as for nomination, of the next pillowing week) the ,
day of ■ . < 18 , from the hour of nine in the forenoon
until five of the clock in the afternoon, at (describe the pulling station)
or, as the case may be, in each of the following polling divisions, that
is to say :
For Polling Division No. 1, consisting of {or hounded as follows, or
otherwise describing it cle<irly) at (describing the polling station, and so
eontirtuing for 'all the other divm<ins and, stations).
And that at (describe theplace) on {d(xy of the week) the
day of . ' 18 , at • o'clock, I shall sum up the votes and
declare the result of the election.
And further, notice is hereby given, that the first njeeting of the
Council for the said Municipality is, by these presents, called to be
held at o'clock on : the day of 18 ,
at {describe place).
Given under my hand, at this day of 18 .
Returning Officer.
FORM E.
(NonoB FOR Nomination at Subsequent Election.s, vide Section 25).
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 ofths
week) the day of 18 , from iben unta noon of the
clock of the said day, for the purpose of nominating persons to
serve as Councillors for the said Municipality, for the next ensuinir
year.
Dated under my hand at this dav of
18 , ^
Returning Officer.
FORM F.
(PoLLiNQ NoTicB AT SUBSEQUENT ELECTIONS, vide Section 28.)
' Notice.
IVtunicipality of
Pul;(lic Notice is hereby given to the Electors of the Municipality afore-
said, ^hat aPoU has been granted for the Electipn'now pending for the
said Municipality, and that such Poll will be open ion (here insert same
day ufthe week as for nomination of the ruict following week) the
day of 18 , from the hour of
nine in the morning till five of the clock in the afternoon, at (describe
(he 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), oonsisting of
(or boi'iided as follows, or othenMse describing it clearly) at (describing
Oie Pojlutg (Station, and so contimiing for all the other Polling . Jjiaii^ions
and Statiims-in the Municipality).
And that I will at (describe the place), on (day of the week), the
djty of 18 , at o'clock, sum up the votes and
declarfe the result of the election.
Given under my hand, at this
day of 18 .
Returning Officer.
124
Municipalities.
§
o
I
e
X CO
■8
B Oh
S
^ -s
§ IS
*« s
O Q
P
Pi
60
.3
BnU
Jones
i
,
Smith
Adam
Brown
03
Campbell
O
Hamilton.
§
^
Perley,
Richardson.
Swinford,
s
n
Municipalities. 125
FORM H.
(TtcJe Section 39.)
UIEEOTION FOB GUIDANCE OF VOTBKS.
"Oie 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 tl^e party or parties for whom 'lie wishes to vote,
thus X. ■ . '
If the Voter votes for more ' candidates than he isty Lawjentitled to
vote for, his ballot paper will be voidj unless he discovers the fact before
the saine ia deposited in the ballot box,, whan he can obtain a new one
from the Returning Officer. '
If the Voter inadvertently spoils a' ballot 'paper, he can obtain a new
ona, on satisfying the Returning Officer of Ijhe fact. 1
If the voter places any mark on the baUut paper ,',by whch he may
afterwards be identified, his ballot paper wiM be void.
The voter, after he has made the cross x ())pposite the namje or names
of the party or parties for whom he wishes to vote, shall fold up hia
ballot paper so as to show the initials of the Deputy Retuniing Officer
^n the ^ack thereof, but so as to conceal the manner in which he has
voted, and shall deliver the same to the Deputy Returning Officer, and
shall forthwith quit the polling place; |
126
Mimieipalitiea.
FORM I.
(Fidfi Section 40.)...
VOrBB-S' LLST.
a
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i°
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p
gg
as
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o
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p
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Mv.ni&ipdlUiJ.s.
127
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c
s
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g
OH'
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u.
Hi
o
arfjisod JO A'jaAt[>'P }o alBff
y-. ;v=i ■■■ ^■■■.^■■■.,: ■■. :
•^naiussassy jo a^UQ
h, ■■■ i- i ■;■.--.
! -sSoa
I ■ ■ : '<
•S30H ' ^ :i i . r ■>
•S3SJOH
■daaqg
■anXBO
- -■ ; . -,-, ■. _L
•illjiUBj m .loqtunu iBjoj,
■uoiSiiaa
;
•uoHBAn[no japnn aaqmn^
•passassB S3J0B jo iaqiunfj
■nos.iod oiqBXB} jo aSy
•aoioouj puB
Aijadojd XBUosjad puB
IBaj JO jnocassassy [bjox
•araobux ojqBXBX
MlJadojd
IBuosjsd JO aniBj\^ qaBQ
I
•A'ajadojrt
tua c jo aniBA iBjoi
?-nosjad
aiqBXHl aqi jo aiajaqj
jsajajoi. oq5 jo '^CiaadoJd
IB3.I JO i0[ JO JODJBd qOB3
JO an.[BA qsB.-) [BnjoB oqx
•
•(aijaoum) -ani
'(jaBdnono)-ooo '{xaamiytA-O
•ssaJi^V oaHfO 3So<j
:
The Names in
full, if the same
can be ascertain-
ed, of all taxable
taxable property
or income,
within the Muni-
cipality, and
the name of the
Owner, when the
occupant Is not
the owner.
•juauiBsassv }o "OM
128 Municipalities.
FORM K.
(Fide Section 106.)
Non-Re8idbnt Land AsfsESSMBNT Roll fok YbaJbi
MuNicnPAMTY or :
Naof
Assessment.
The description and extent of the
land, if not suMivided into lot8,hy
describing the section, or portion
of section, township and range by
their numbers or other description,
or if subdivided into lote, by ^ving
the numbers and other description
thereof, so far as the same can be
ascertained.
The actual
cash value of
eaeh parcel
or lot of land.
S9
Municipalities. 12&
FORM L.
(Trai^sfkr of Land by Treasurer, Vide Section 235.)
To all to whom these presents shall come, I,
, of , in the North- West Territories,
Treasurer o {describe Municipality. )
Greeting —
Whereas, by virtue of authority vested in me by "The Municipal
Ordinance," I did on the day of in the year of
our Lord one thousand eight hundred and , sell by public
auction, the land hereinafter mentioned, for arrears of taxes and costs
and charges thereon, to , of , in the
at and for the price and
sum of lawful money of Canada,
being the arrears of taxes alleged to be due thereon, up to the
day of one thousand eight hundred and
togfether with costs.
Now know ye that I, • , the said Treasurer, in
pui-suance of such sale, and of the said Ordinance, and fdr the con-
sideration aforesaid, do hereby grant, bargain and sell unto the said
of in the
his heirs and assigns, all that certain parcel and tract of land and
premises, contiiining being composed
(desciibe the land so that the same can be readily identified.)
In witness whereof I, the said Treasurer, have hereto set my hand
and affixed the Seal of the said Municipality this the
day of in the year of our Lord, one thousand eight
huadred and
Treasurer.
(Seal.)
130
Statute Labor and Fire Districts.
CHAPTER 9.
AN ORDINANCE RESPECTING STATUTE LABOR
AND FIRE DISTRICTS.
Title, s. 1.
Who Resident, s. 2.
Organization, ss. 3, 4.
Returning Officer, s. 5.
Declaration of Voter, ss. 6, 7.
OverRcer and Duties, ss. 8, 9,
14, 1!>, 22, 24, 25, 26, 27,
2'i. 30.
How assessed, s. 10.
Omitted Names, s. 12.
List to he posted, s. 13.
Appeals, s. 15.
( 'ommutation, ss. 16, 18, 22.
Non-resident, 17.
Substitutes, 20.
Delinquents, 21.
Expenses, s. 23.
Forms — Appendix.
The Lieutenant-Governor, liy and with the advice and
consent of the Legislative Assembly of the Teiritories, in
Council enacts as follows : —
I, This Ordinance ni;n- be cited as
and Fii-e Ordinanci'."
'' The Statute Labor
2. In this Ordinance the word ' Ri'-idenf means any
uial" DCr'iipant of larids o^"el• i ightcim years of age and
undi'v the age of sixty, excei)ting clergymen and such others
as are exempt by la^\^ residing in tbe'area established, or
pi'oposed to lie esl;i.blisbod, as a Statute Labor and Fire
District ; and the word " Person" includes corporations, joint
stuck compf
anies anrl
partnerships.
3. Whene^'e)• the Lieutenant-Governor is satisfied, by
such proof as he may require, that an}^ portion of the Terri-
tories, not exceeding an area of li-t square miles, and not
either in part or wholly within the limits of any Munici-
pality organized and in existence under an Onlinance of
the Territories, contains a popubition of at least fifty resi-
dents, he may cause nolici^s to be posted up in eight con-
spicuous and widely se|iai'ated places within such area, of
his intention to procbiim the same a Statute Labor and Fire
Disti'ict, after the expiration of thirty days from such
posting.
Slatute Labor (tnd Fire Districts. 131
4. After the expiration of the thirty days named, in ilie
notice hereinbefore mentioned, the Lieutenant-Governor,
unless a majority of the residents within the area aforesaid,
by petition, addressed to hini, object to such formation,
shall proclaim the said area a Statute Labor and Fire Dis-
trict, describing its limits and giving it a district number.
5. The Lieutenant-Governor shall thereafter appoint one
of the residents within the district so erected as Returning
Officer, who shall forthwith, by inserting an advertisement
to that effect in two weekly consecutive issues of the news-
paj)er published nearest to or within the distiict,. call a
pulilic meeting of the residents of the district, to elect, by
open voting, one of their number, being a resident, as Over-
seer. The costs of such advertisement and meeting, as well
as the cost of pulilishing the proclamation in the North-
West Territories Gazette, to be afterwards defrayed cut of
the funds of the district as hereinafter provided.
6. Every resident voting for such overseer shall sign a
declaration as in Form A in the Appendix to this Ordin-
ance, and )-.'Cord his vote and the lanrl upon which he votes
as [)rovided in such Form, the or.ler and direction of the
voting being according to the discretion of the Returning
Officer, but the poll shall be open for two hou)S after the
Returning Officer has declar d to the meeting that the poll
was opened, and any person falsel}' recording himself as ;in
occupant of lands within the distract shall be liable, on sum-
mary conviction before a Justice of the Prace, to a fine of
ten dollars and costs.
7. Immediately after the election of overseer, as provided
in the preceding section, the Returning Officer shall make
his return to the Lieutenant-Govei nor, accompanying it
with the record of the voters, having first verified, such
record on oath before a Justice of the Peace, or a Notary
Public, as in Form B in the Appendix to this Ordinance.
8. The name of the Oxerseer so elected shall be published
in the first issue of the Morth West Territories Gazette
published after the election so held, the costs of such publi-
cation being afterwards defrayed out of the funds of the
district, as hereinafter provided ; and such overseer shall
hold office for two years from the date of such publication.
132 Statute Labor and Fire Districts.
Bnlese the position become vacant through death, resigna-
licDj or moving out of the district, and upon the expiration
•f his term, or ia the event of the position becoming so
raeant, the Lieutenant-Governor shall issue his writ, to such
i«si»l€iit of the district as he may designate, for another
election under the piovisions of this Ordinance.
9. It shall be the duty of such Overseer to assess aroad
stnd fire distiicfc tax as hereinafter provided, upon all male
inlialiitants and occupiers or owners of leal estate in the
iistxict over which he is Overseer.
^♦. Every resident shall be assessed one day ; and the
ewner or occupant of every parcel of land in the said dis-
trict to tlie extent of ; —
Kot more than 160 acres shall be assessed
for 2 days
Over 160 and not moie tlian 320 acves. ... 8 days
Over 320 and not more than 640 acres. ... 4 days
Over €40 and not mure than 12<S0 acres. . . 5 days
And for every additional 640 acres, one day more.
And every person so a.ssessed shall be liable to do labor on
the liij^liways and roads, or foi' lire protection purposes, as
ht-reiuiiltcr providi d ; provide'] always that no person shall
te conipelkd to labor at a greatei' distance than four miles
fiom his residence or the land for which he is assessed.
II. The overseer shall, on or before the fifteenth day of
May, in each year, make out his road and tire district list
in Form C of the Appendix to this Ordinance, setting down
in each column, as accurately as may be after diligent en-
(ftiiry, the information called for by the heading thereof.
i%. The names of persons omitted from such road and
fire district list, and of new inhabitants, shall, from ,time to
time, be added thereto, and be rated by the overseer in the
HHne proportion as others on such list.
^3. A list of road and fire district work required to be
done, shall be prepared and posted up by the Overseer in
eight conspicuous places within the district, at least ten
days before calling out the labor.
34« The Overseer shall also give, by registered letter,
Statute Labor and lire Districts. V6t
posted at the nearest Post Office to liis residence, at leaai,
fifteen days previous to the Any fixed for labor, notice to,
each person assessed to work on highways and roads anj
for fire district purposes, within the limits of the district,
naming in such notice, when and wliere each person is to
appear for that purpose, and with what implements.
15. Any person who feels himself aggrieved by the tax
assi-tssed by tfie overseer, may appeal, within five (hiys froa
such assessment, to the nearest Justice of the Peace, \vhos«
decision thereon shall be final.
16. Eveiy person liable to work on the highways and.
roads and for fire district purposes, shall work the whola
number of days for which he is assessed ; but e\ cry sucli
person may elect to commute for the same, or for some park,
thereof, at the rate of $1.50 per day ; in which ease such cam-
mutation money shall be paid to the Overseer ; and th«
Overseer, when such land tax is paid, either ia money or
labor, shall write the word " paid " opposite eacii name or
tract of land on his list.
1 1 . Persons assessed as non-residents shaU be deemed to
have commuted the statute labor for which they are liable,
at the rate of $1.50 per day, and tiie amoaait of the comuiB-
tation shall be a debt recoverable as such at the suit of th«
Overseer in any Court of competent jurisdieiaQii.
1 8. Every person intending to commnte for his as«es«s-
ment, or any part thereof, shall, withia five days after he ia
notified to appear and work on the highways aad i-oads and
for fire district purposes, pay the commatatioa money fcar
the work required of him by such notice ; and t^e M)miaB-
tation shall not be considered as made until saA money is
paid.
1 9. The Overseer is empowered to requi-re aaa^ or waggoii,
or plough, or scraper, with a pair of horses ot- osea, and .a .
man, from any person having the same wiibia kis distriet.
who has been assessed two days or more, and who lias ac«.
commuted his assessment ; and any person so feraiishiij^g iiu
same shall be credited two days for eadi day's servi^
therewith.
134 Statute Labor and Fire Districts.
50. Every pei'son assessed to work on highways and
roads and for hie district purposes, and warned to work,
may appear in person, or by an able-bodied man as a sub-
stitute : and the person or substitute so appearing shall,
subject to the orders of the Overseer, actually work eight
tours in each day, under a penalty of twenty cents an hour
for every hour such person or substitute is in default, to be
imposed as a fine on the person assessed.
51. livery person so assessed and duly notified, who does
not commute, and who refuses or neglects to appear, as
above provided, shall forfeit for every day's liability the
stiiu of not ^nore than !^5, and if he is required to furnish a
team, waggoi,, man or implements, and refuses or neglects
to tomph , he shall i'oifeit therefor atid be fined as follows:
For wlioily omitting- to comply with such requisition, not
■aore than $.5 for each day ; and for omitting to furnish a
cart, waggon, plough or scraper, not nioi'e than $2.50 for
each day ; antl for omitting to furnish a pair of horses or
oxe.i, not more than -S^ 50 for each day ; and for omitting to
furnish a man to manage the team, not more than $1 for
Ciich day's Jiability; .such penalties and fines, with costs of
prosecution, to be reco\erable before a Justice of the Peace,
on complaint only of the Overseer or his successor, in a
sumniaiy way, and %\'htn recovered to be paid to the Over-
seer ; but no conviction shall operate as a discharge of
liabilities for assessment.
'Ali. The acceptani-e by the Overseer of any excuse for
refusal or neglctt shall not in any case exempt the person
cxcustd from ccnimutiug for or ^^-orking the whole number
of days for which he is assessed during the year.
%»l. The expenses connected with the proclamation erect-
ing the district into a Statute Labor and Fire District, and
the expenses of advertising and holding the meeting of
residents for the election of the Overseer of such district, in
which the sum of >6o, to be paid to the Returning Officer
appointed by the Lieutenant-Governor for directing and
tolding such election, shall be included, and the remunera-
tion of the Overseer, as hereinafter provided, shall be a first
charge upon commutation moneys and fines colle(3ted by the
Overseer ; and the balance shall be applied and expended by
Missing Page
Missing Page
Missing Page
Missing Page
Missing Page
140 Fire Districts.
CHAPTER 10.
AN ORDINANCE RESPECTING EIRE DISTRICTS.
"Resident" Definition of, s. 1.
Erection, Fire Districts, s. 2.
Order to fix Date, s. 3.
Rate, s. 4.
Commutation, s. 5.
Powers of Guardians, s. 6.
Notice, s. 7.
Penalty, s. 8.
Retxim, s. 9.
Appendix Forms A, B, C.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, enacts
as follows :
1. In this Ordinance the word "Resident' shall mean
any male occupant of lands, over eighteen years of age,
resident for three months in the area established or pro-
posed to be established as a Fire District.
3. Upon application, as in Form A in the Appendix to
this Ordinance, signed by a majority of the residents of any
district, not less than thirty-six and not more than one hun-
dred and forty-four square miles ; the said application being
verified on oath before a Justice of the Peace, or a Notary
Public, as in Form B in the Appendix to this Ordinance, the
Lieutenant-Governor may, by Order, erect such area into a
Fire District, to be under the operation of the following Sec-
tions of this Ordinance, (no reasonable objection being raised
thereto,) and shall also appoint a Fire Guardian or Guar;-
dians for the district. Provided that a notice in the Form
C in the Appendix to this Ordinance, (or to the like effeet)
of the intention to make such application has been posted in
five conspicuous places in the described area. The sum of
six dollars to cover costs of advertizing shall accompany
such application.
3. Such order shall fix a date (such date not being later
than fourteen days from the date of the order,) from and
after which the provisions of this Ordinance shall apply to
the district so erected, and such order shall be published in
the Official Gazette of the Territories.
4. After the erection of the district, each resident of the
Fire Districts. 141
same shall be liable to a rate of four dollars per annum,
payable to the Fire Guardian or Guardians, to be expended
as hereinafter provided.
5. Any resident may commute his rate by contributing
labor for the benefit of the fire district at the rate of one
dollar per day of eight hours for a man, or two dollars per
day for a man with team and implements.
6. The Fire Guardian or Guardians shall have full
direction and control of the district for fire protection, and
shall apply the rate or labor, as may seem best to him or
them for the purposes of this Ordinance.
T. Every resident performing labor under this Oi'dinance
shall receive at least eight days notice froin the Fire Guard-
ian, which shall be not later than the fifteenth day of July,
such notice stating the time and place wliere the labor is to
be performed.
b. Every resident )'ef using to pay his rate, or to commute
the same before the first day of August in each year-, or re-
fusing to obey the directions of the Fire Guardian, shall,
upon conviction before a Justice of the Peace, be liable to a
fine not exceeding twenty-five dollars, with costs of prose-
cution, and, in default of payment, to be imprisoned for a
term not exceeding one month ; and such fine, when recov-
ere<l, shall accrue to the Fire District and be paid to the
Fire Guardian by the convicting Justice.
d. Each Fire Guardian shall, on or before the first day of
September in each year, forward to the Lieutenant-Goveinor
a j'eturn, showing the amount of money received by him, and
from whom, the amount expended, number of days' work
performed, and by whom, length and width of fire breaks,
and cash in hand.
10. This Ordinance shall not apply within Municipalities.
142 Fire Districts.
APPENDIX.
FORM A.
{Vide Section 2.)
To His Honor the Lieutenant-Governor of the North-West Terri-
tories.
The application of the undersigned sheweth :
That it is desirable to put in force within (here describe the area,)
the provisions of "The Ordinance respecting Fire Districts and that
(state names and addresses) has or have consented to act as Fire
Guardian or Guardians (as the case may be.) That your applicants
compose a majority of those qualified to present this application under
the provisions of said Ordinance.
Tour applicants therefore pray tliat Your Honor may be pleased to
cause the proper order to be issued, constituting the above described
area into a Fire DistAct, as provided by the said Ordinance.
A. B. C. D. &c., i&c.
FORM B.
(Ti'f Section 2.)
North- West Territories \ I, A. B. of do make oath and
Canada. / say :
That the total number of persons in the area described in the an-
nexed application, qi:aliiied to present this application under the
"Ordinance respecting Fire Districts," is persons,
and of the above number persons have signed the same ;
That I was personally present and did see the parties, whose names
are !»nnexed thereto, sign the same and each of them before signing the
same was cognizant of the contents thereof.
Sworn before me at
this day of A.D. 188
J. P.
N. B. — If no cnepenon can verify all the siqnviures attached to the ap-
plication, the above form may be (dieted to meet the circumstances.
Fire Districts. 143
FORM 0.
{Vide Section 2.)
Notice is hereby given that after the expiration of four weeks from
the date of the firet publication of this notice, application will be made
to the Lieutenant-Governor for the erection of the following area of
lands, to wit (describe the boundaries of the proposed district) into a
Fire District, under the provisions of "The Ordinance respecting Fire
Districts."
Dated at this day of
A. D. 188
First published the day of A. D. 188
144
Herdvng of Animals.
CHAPTER 11.
AN ORDINANCE RESPECTING THE HERDING OF
ANIMALS.
Title s. 1.
Erection of Herd District., s. 2.
Order fixing date, s. 3.
Keducing or adding to districts, s. 4.
Poimdkeepers, ss. 5. 12,13.
Distrain for Trespass, s. 6.
When made, s. 7.
Damages, s. 8.
Appraisers, ss. 9, 10.
Penalties, ss. 11, 16.
Surplus money, s. 14.
Owner liable for damage, s. 15.
Districts not included, s. 17.
Appended Forms, A, B and C.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, en-
acts as follows :
I. This Ordinance may be cited as 'The Herd Ordinance."
'^. Upon application as in Form "A" in the Appe;idix to
this Ordinance signed by two-thirds of the male occupants
of lands resident for three months, over twenty -one years of
age, of any district not less than one Imadred and forty-four
square lailes, the said application beiug verified on oath be-
fore a Justice of the Peace or a Notary Public as in Form
" B" in the Appendix to this Oruinanee, the Lieutenant-
Governor may by order, erect sucli di^strict into a herd dis-
trict, to be under the operation of the provisions of this Or-
dinance, (no reasonable objection being raised thereto),
provided that a notice in the Form "C" in the Appendix, or
to the like effect, of the intention to make such application^
has been posteil in at least one conspicuous place in each
township or f i-action of township, constituting the proposed
herd district, three weeks next preceding the application
being made to the Lieutenant-Governor, and provided such
application is accompanied with the sum of six dollars to
cover the cost of publication in the Official Gazette of the
Territories.
S. Such order shall fix a date, such date not being later
than fourteen days from the date of the order, from and
after which the provisions of this Ordinance shall apply to
Herding of Animals. 145
the district so created, and such order shall be published in
the Official Gazette of the Territories.
4. Upon an application signed by two-thiids of those
qualified as aforesaid in any section of country proposed to
be added to an existing herd district, or of any section of
countryproposed to be withdrawn from the operation of the
provisions of this Ordinance, verified under oath as afore-
said, and advertised as aforesaid and accompanied by a sum
of money as aforesaid, the Lieutenant-Governor may by
order add such section of country to such existing lieri
district, or withdraw such section of country from the
operation of the provisions of this Ordinance, as the case
may be, and such order shall fix a date, (such date not be-
ing later than fourteen days from the date of the order),
from and after which it shall come into force, and such order
shall be published in the Official Gazette of the Territories.
5. The Lieutenant-Governor, for the purposes of this
Ordinance, may appoint in any herd district one or more
poundkeepers for impounding animals distrained under this
Ordinance, and in every such appointment the place where
such pound is to be kept shall be defined.
6. The owner or occupier of any land within any such
herd district may, between the fifteenth day of Ma}^ and the
thirty-first daj of October inclusive in each year, distraia
all animals doing damage upon his cultivated lands, or
stacks of grain, and when any such distress is made the
distrainor shall keep and properly feed such animals in
some secure place other than the public pound until his
damages are appraised ; or if damages are not claimed, the
owner or occupier may impound at once, notifying the
poundkeeper that damages are not clainied.
7> Such distress <haU be made at any time before such
animal:^ doing damage as aforesaid escape from such lands
or while followed and kept in sight by the party sustaining
damages, or by any person being on the said land at the
time such damage is done, and without regard to the suffici-
ency of the fence thereon.
8. As soon as practicable after such distress, if damages
are claimed, the distrainor shall notify the owner of the
146 Herding of Animals.
aaimal so distrained, if known to the distrainor, and if such
irvaer does not, within twelve hours after receiving such
netice, pay the damages claimed by the distrainor, the latter
shall, within forty-eight hours after such distress, unless
the same is made on Sunday, in which case before the
Wednesday morning thereafter, apply to a Justice of the'
Peace having jurisdiction within the said district, who shall
appoint three disinterested inhabitants of such district to
a.ppraise the damages ; such appraisers shall each receive as
compensation for their services, two dollars for making the
appiaisal and five cents per mile as mileage in going to and
returning froin the place where the damages are sustained,
to be paid, in the first instance, by the distrainor, the dis-
tance travelled by the appraisers and their fees to be made
pf>i-t of the returns of said appraisers.
S. The appraisers shall, immediately after their appoint-
ment, be sworn faithfully to perform their duty by any
Justice of the Peace having jui-isdiction in the said distiict,
and proceed to the place and view the damages done, and
tiiej- niay take the evidence of any person of the facts or
circumstances necessary to enable them to ascertain the
extent of such damage, and for this purpose the appraisers,
«r either of them, are authorized to administer an oath to
every such witness.
!©. The appraisers shall ascertain, and certify under
tlieir liands, the amount of such damage, with fees for
their services as aforesaid.
11. Within twenty-four hours, Sunday excepted, after
the damages are so appraised, unless the amount so ascer-
tained and the fees of the appraisers and fifty cents justice
fees are paid or tendered to the distrainor, he shall cause
Mi« animals distrained to be put in the nearest pound in the
same district., there to remain until the same are sold, as
hereinafter directed, or until the damages so certified and
the fees oi the appraisers and justices, and costs of keeping
»uch animals, together with the poundkeeper's fees, are
paid, and if such animals are put in any pound the distrain-
or shall deliver the certificate of the appraisers to the keeper
®f such pound.
1 3. The poundkeeper shall receive, keep and properly
Herding of Ardmals. 147
feed the animals so delivered to him in the public pound,
and shall withia ten days sell such" animals, or so many of
them as are necessary, at public auction, givin a least six
days' notice of such sale, bj- posting the same at such pound
and at three of the most public places in the district.
13. From the proceeds of such sale the poundkeeper shall
retain sufficient to paj' the amount of his fees and the cost
of keeping such animals, as authorized by this Ordinance,
and he shall pay to the distrainor the damages S(; certified,
with fees of the appraisers and the justices, and if there is
an^ surplus, the same shall be paid to the owner of such
animals, if known, but if no owner appears at the time of
such sale, or within one week thereafter, and claims such
surplus, the same shall be paid to the Lieutenant-Govt^rnor.
14. The Lieutenant-Governor shall pay such surplus
money, if claimed within one year after the distress, to the
owner of such animals, but if not claimed w thin that time
such sui-plus money .shall be applied to the public purposes
of said district, as directed by the Lieutenant-Governor in
Council.
B 5. The owner of such animals shall be liable in an action
at law for all damages done by such animals, without regard
to the sufficiency of the fences on the lands on which dam-
age is done, to be recovered in any court of competent
jurisdiction.
16. Any person who unlawfully takes such animals after
being distrained out of the possession of the person \, aking
distress, or out of the possession of the- poundkeeper, (as the
case may be,) shall be liable, on summaiy conviction before
a Justice of the Peace, to a tine not exceeding forty dollars,
SHid shall also be liable to double the amount of damages
committed by such animals to the person injured thereby.
1 7. The provisions of this Ordinance shall not apply in
the districts west of Range sixteen west of the third prin-
cipal meridian, and hereafter all Municipalities shall be and
are hereby withdrawn from the operation of this Ordinance,
and shall not be included in any Herd District to be formed
under the provisions of this Ordinance.
148 Herding of Animals. '
18. The following shall be the fees and costs authorized
by this Ordinance :
(1) To the owner or occupier of the land injured'by an animal for driving and
delivering the same to the poundkeeper— His reasonable expenses ;
To the poundkeeper— ' , , . ,
For every stallion or bull, fifty cents; for every other horse, mule or jack, or
head of Cdttle oi' swine, twenty-five cents ; for every sheep, goat or goose, each
ten cents— for each day the same shall be impounded, for their support ;
For notifying owner of animal impounded, fifty cents;
For posting notices, if owner not known, one dollar, and the actual cost of
newspaper advertisement when incurred ;
For posting notices of sale, one dollar ;
And for each mile necessarily travelled in the performance of his duties, ten
cents ;
And two and one-half per cent commission upon the amount realized on the
sale, for selling animal and applying proceeds according to the provisions of ^s
Ordinance.
APPENDIX.
FORM A.
(Vide Section 2.)
To His Honor the Lieutenant-Governor of the North-West Territories:
; The application of the undersigned sheweth .
That it is desirable to put in force within (here describe the area) the
provisions of "The Herd Ordinance,"
That your applicants comprise two-thirds of those qualified to present
this application under the provisions of the said Ordinance ;
Your applicants therefore pray that your Honor may be pleased to
cause the proper order to be issued constituting the above-described
area into a Herd District as provided by the said Ordinance.
A. B., C. D., B. F., etc.
FORM B.
(Vide Section 2.)
I, A. B., of do make oath and say : i
That the total number of persons in the area described in the an-
nexed application qualified to present this application under the Herd
Ordinance is persons, and of the above number
persons have signed the same ;
That I was personally present and did see the parties whose names
are attached thereto sign the same, and each of them before signing
the ?ame was cognizant of the contents thereof.
i\ . B. If na one per^n run rerify all ihe. siqticdures attached to the ap-
plication, the above form may he altered to meet the circumstances.
Herding of Animals. 149
FORM C.
{Vide Section 2.)
I
Notice is hereby given that after the expiration of four weeks from the
date of the lirst publication of this notice, application will be made to the
Lieutenant-Grovemor for the erection of the following area of lands, to
wit : (describe the boundaries of the proposed districts, ) into a herd di»-
trict (or to be added to an existing herd district, naming the same, or to
be withdrawn from the operation of the provisions of the Herd Ordinance
as the case may be) under the provisions of " The Herd Ordinance."
Dated at A.D 188
(Signed,) A. B.
^ C. D.
* E. F.
First published day of A. D. 188
loO Fnurs.
CHAPTER 12.
AN ORDINANCE RKSPEOriNG FENCES.
Fences, ss. 1, 2.
Action for riaiuayes.
Cross Fence, s. -4.
r>isngrecuieut, s, o.
l^enaltios, ,s. 0.
The Lieutenam-Crtnonior. by and with tlio advieo and
consent of the Leo-islatixo AssoniMy of the Territorios, en-
acts as follows :
1. No action for daniag'os caused to crops and Holds by
domestic animals shall be maintained unless such cro]is and
fields are enclosed by a lawful fence : Piovided that this
section shall not apply to Herd districts or Municipalities in
which ln--laws relating to pounds are in force.
'i. North of the rauL^'c of townships imuibered thirty, any
substantial fence four feet six inches high shall be a lawful
fence, if it consists ;
(ii.) (,if rails or boards, the lower one not more thiui one
foot from the ground, the others not more than six uchcs
apart, except the top one, which may be eight inches from
the next lower rail :
(J>.) tM' upright posts or boards not more th«ji six inches
apart
((•.) Of barbed wire and a substantial rail on the top, the
wires to be not less than two in number, and the Kiwer one
not more than twenty inches from (be ground ;
(d.) Of counntm wire and a subst.antial top rail, the wires
to be not less than four in nmnber, or mor(^ than one foot
apart.
(1.) In all other parts of the Territories any sidistantial
fence four feet six inches high shall be a lawful fimce, if it
consists :
(n.) Of rails or boards, not Kvss than four in munber, the
lower one not more tliau eighteen inches from the gi'ound,
and each panel not exceeding twche feet in length.
(?'.) Oi upright posts or boards not more than six inches
apart ;
7<Vy(cc.s'. 151
(<■.) Of bill-bed wire aud a .substantial rail on the top, the
wires to be not less than two in number, and the luwer one
not more than twenty inches from the oround ;
{d.) Of common wire and a substantial toii rail, the wires
to be not le-^s than threi^' in number, or more than one foot
apart.
(2.) lu all parts of the Territories, anj^ river bank, or other
natural boundarj-, reasonably sufBcient to keep domestic
animals out of any enelosed land, shall be a lawful fence.
3. No action for damages caused to hay or grain in stacks
shall be maintained unless the same is surrounded by a sab-
stantial fence, not less than four feet six inches high, and at
no point nearer than twelve feet from such stacks and eon-
sisting :
(c.) Of rails or boards, the lower one not more than one
foot from the ground, the others not more than six inches
apart, except tbe top oae, which maj'' be eight inches from
the next rail, each panel not exceeding twelve feet in length ;
or
(b.) Of V>arbed or common wire, and a substantial rail on
the top, the wires to be not less than five in number, the
lower not more than one foot from tne ground and the
others not more than eight inches apart ;
(r.) Provided that this section shall not apply to Herd
disti-icts between the fifteenth day of ilay an 1 the thirty-
first ilay of October in each year.
4. Wlienever the tiwner or occupier of any land erects a
line or boundary fence, the owner or occupier of the adjoin-
ingland shall, as soon as he encloses it by connectirg a cross
fence with the s:iid line fence, pay to th?' former the
fair value of one half of so jnuch of the said li le f'^a^^e as
forms one .side oi; the enclosure : and each o': tie ow-ners or
occupiers of adjoining lands shall make he p up, and rep;;ir
a just proportion equal to one half of the fence forming a
boundary between them ; and any one of such per.sons fail-
in'-'- to do so after one week's notice from his neigldjor, shall
compensate such neighbor to the value of the work duim in
making and repairing the same.
5. In case any interested parties disagree as to what is s.
lawful fence, or as to the just proportion of a line fence,
which each of the adjoining owners or occupieis should
1S2 Fences.
make or keep in repair, or render compensation therefor,
or if damages be done by horses, mules or neat cattle break-
ing into and destroying the product of any land, the same
being enclosed by a lawful fence, the owner of the animals
so trespassing shall pay to the party injured the amount of
such damages. If the parties interested cannot agree as to
question in dispute, three (3) persons shall be appointed,
0P3e by each of the interested parties, and the third by the
two thus appointed, who shall decide the dispute and whose
aAvard may be enforced in any Court of law.
C. Any person who erects or has on his premises, a wire
fraice, without a securely fastened and substantial top rail
throughout its whole length, shall, upon summary conviction
before a Justice of the Peace, be liable to a penalty not
exceeding one hundred dollars and costs, and in default of
payment of such fine and costs, to imprisonment not ex-
^eding three months.
Straying of Animals. 153
CHAPTER 13.
AN ORDINANCE RESPECTING TRESPASSING AND
STRAYING OF ANIMALS.
Title.
Interpretation, s. 1.
Pound District, s. 2.
Estray, s. 3.
Impounding Trespassers, ss. 4, 5.
Damages, ss. 6, 7.
Poimdage Fees, s. 8.
Security, s. 9.
Poundkeepers and their Duties,s.lO.
Proceeds of sale, s. 11.
Poundkeeper not to. become pur
chaser, s. 12.
Fees^ s. 13.
Recovering impounded animals,
s. 14.
Penalty, s. 15.
Rescue, s. 16.
Disputes, s. 17.
Right of Action, s. 18.
Poundkeepers' Returns, s. 19.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembty o£ the Territories,
enacts as follows :
1. In this Ordinance,
(1.) The word " animal " means any horse, mule, jack,
sheep, goat, neat cattle, swine or geese ;
(2.) The word " trespasser " means any animal which
breaks into any ground enclosed by a lawful fence ;
(3.) The word " estray " means any stallion of the age of
one year or upwards, any swine or geese running at large,
and any bull one year old or upwards running at lai-ge be-
tween the first day of February and the first day of June.
3. The Lieutenant-Governor may, by order published in
the official Gazette of the Territories, constitute any par o
the Territories, not less than 144 square miles in area, into
a pound distiict, and appoint therefor one or more pound-
keepers.
3. The Lieutenant-Governoi', on an application signed
by ten farmers of any pound district constituted as herein-
before provided, may order that any bull declared an estray
by^this Ordinance, running at large in such pound district,
shall be counted an estray, or not an estray, at any season
named in the order, and the Lieutenant-Governor, on a like
application, may in any ensuing year rescind such order.
]54 Straying of Animals.
4. The owner or occupier of any land .surrounded by a
lawful fence, or his agent, may capture any trespasser upon
such land, and drive and deliver the same to the nearest
poundkeepei- of the pound district in which the trespass was
committed, and the said pound-keeper shall impound such
trespasser, and shall be responsible for the feed and safe-
keeping thereof, so long as he is legally bound to hold the
same ; and such pound-keeper is empowered to collect the
amount of the damages caused by. and all chai'ges for the
keep and other incidental expenses connected with, such
trespasser, before delivering up the same to the owner ; and
> it shall be the duty of the captor to leave with the pound-
keeper a statement in writing to his claim for damages done
by sue! I trespasser, and his leasonabl charges incurred in
driving the trespasser to and delivering the same to the
pound-keeper.
5. Any resident in the Territories may capture any estray
found wj,thin any pound district, and drive and deliver the
same to the pound-keeper of such district ; and the saides-
tray shall be dealt with in every way as a trespasser under
this Ordinance.
6. In every case where damage is done to the enclosed
lands of any person by anj? of the animals hereinbefore men-
tioned breaking the fences enclosing the same, such animal
shall be considered and treated as a trespasser within the
meaning of this Ordinance, if that part of the fence broken
by such animal wer(^ la^^'ful, although other parts of the en-
closing fence nrnj- not be lawful ; and any animal hereinbe-
fore mentioned 1 ireaking through ' a division fence, which its
owner is bound to repair and keep up, shall be considered
and treated as a trespasser -within the meaning of this
Ordinance, although the said fence shall not be a lawful
fence.
7. The ()^\ner or occupant of any land, or the person in
charge of any animal, shall be liable for any dama-es caused
by such animal under his charge as though such animal
wei-e his own property ; and the owner of any animal not
permitted to run at large b}^ law shall be liable for any dam-
ages done by such animal, although the fence enclosiiag the
preaiis(.\s was not a lawful fence. " .
Stnii/iuj/ of Animals. 155
'8. The person capturing any animal shall, at the time of
delivering the same to the pound-koeper, deposit poundage
fees, if such are demanded, and with the statement of his
demand, as hereinbefore providAvl, give to the pound-keeper
with a surety, if required by tlie pound-keeper, his written
agreement in the words, or ti) the following eifect :
"1, A. B., do her. by agree that I will jiay to the owner of the
{desci-lhiny tlie iiiiiDiid) hy me this Ai\,y hupouiideA, all costs to which
the said owner may be J )ut m case the distress by me j)rnves to be
illegal, or in case the claiin for damages by lae ails to be estab-
lished."
9. The owner of any animal impounded shall at an}- time"
be entitled to his animal on demand made therefor without
payment of any poundage fees, on giving satisfactory secu-
rity to the pound-keeper for all costs, damages and poundage
fees that may be established against l.im.
SO. On the pound-keep;;r impounding an animal it shall
be his duty —
(l.) If the owner be known, to immediately notify him of
such impounding and if sueli owner refuse within -three daj^s
after such notification to pay all lawful damages and other
charges, and tike away his animal, to advertise for at least
ten days the sale of such .luiinal, by posting notices in three
of the most public places in the pound district, and upon the
day named in such notice for such sale, to sell such animal
by public auction ;
(2.) If the owner iju not known, to cause to be posted
forthwith in t'lree of the most public places in the pound
district, and if reasonal)ly practic ible to be inserted in the
nearest newspaper published in the Territories (in both Eng-
lish and French if apparently necessary), a notice giving as
near as possiljle all the marks, nafcuiMl and artificial, ci)lor,
and probable age of sucit animal ; and after the expiration
from the date <>f such notice of —
(ft) Twenty days,
If the animal Ua a liorse,' mule, jack, or one of the neat cat-
tle species and over twd years old, and
(b) Six days.
If the animal lie of the last mentioned kinds under two
years old, or of nny other kind of any age —
If no owner be found, the pound-keeper shall advertise
156 Straying of Animals.
and sell the animal in the same manner as herein provided
when the owner is known.
II. The pound-keeper shall apply the proceeds of any-
such sale as follows :
(1) To the payment of his own proper charges ;
(2.) To the payment of the captor's reasonable charges
arid damages ;
(:i.) The balance to the owner of the animal sold, if
known, and if not known, after the same has remained in
his hands for three months unclaimed, to the Lieutenant-
Governor, to become, if still unclaimed for one year there-
after, a part of the revenue of the Territories.
1 S. The pound-keeper shall neithei- directly nor indirect-
ly become the purchaser at any sale conducted under his
direction.
1 3. The persons mentioned in this Ordinance shall be
entitled to receive the following amounts :
(I.) The owner or occupier of the land injured by a tres-
passer, or the captor of an estray, for driving and delivering
the same to the poundktn^per —
His reasonable expenses ;
(2.) The pound-keeper —
For every stallion . or bull, fifty cents ; for every other
horse, mule or jack, or head of cattle or swine, twenty-five
cents ; for every sheep, goat or goose, each ten cents — for
each day the same shall be impounded*, for their support ;
For notifying owner of animal impounded, fifty cents ;
For posting notices if owner not known, one dollar ; and
the actual cost of newspaper advertisements when incurred ;
For posting notices of sale, one dollar ;
And for each mile necessarily travelled in the perform-
ance of his duties, ten cents ;
And two and one half per cent, commission upon the
amountrealized on the sale, for selling animal and applying
proceeds according to the provisions of this Ordinance.
14. The owner of any animal captured or impounded
under the provisions of this Ordinance shall be entitled to
recover the same from any person in whose possession such
animal rnay be, upon tender of all damages committed and
the charges incurred up to the time of the tender.
Straying of Animals. 157
1 5. A pound-keeper guilty of any neglect of duty im-
posed upon him by this Ordinance shall be liable to a
penalty not exceeding one hundred dollars, upon the com-
plaint only of the party who suffers by such neglect.
IC If any person shall rescue any trespasser or estray
from the person laM^fully taking the same to the pound, he
shall be liable to a penalty not exceeding twenty dollars ;
and if any person shall make a breach of any pound, or shall
THiduly set at large any animal impounded, he shall be
liable to a penalty not exceeding forty dollars.
1 T. In case of dispute between any of the parties men-
tioned in this Ordinance, or of any complaint being made
that any penalty has been incurred, the same may be
brought before a Justice of the Peace and disposed of by
him in a summary manner.
18. Nothing herein contained shall be construed to im-
pair the right of action under any statute, ordinance, or the
common law, for damages occasioned by trespassers within
the meaning of this Ordinance.
19. Every pound-keeper shall forward to the Lieutenant-
Governor, on the thirty-tirst day of December in each year,
a return in such form as he may direct, showing all cattle
impounded during the'j^ear, and the amount of damages
and other charges paid, and all sales made by him, and the
surplus, if any, on each sale, and how much surplus was
disposed of.
30. This Ordinance shall not apply within any Munici-
pality.
158 Bulls.
CHAPTER 14.
AN ORDINANCE RESPECTING BULLS.
Districts afiected by Ordinance, s. 1 j Districts not included, s. 5.
. Bulls, ss, L', o, 4. I Notice, Form A.
The Lieutenant-Governor, by and with the advice and
coiisent of the Legislative Assembly of the Territories,
enacts as foUcnvs :
I. This Ordinance shall couie into force and take effect
only in such portion or portions of the Territories, and at
and from such time or times as the Lieutenant-Governor
may designate and fix by order puVjlished in thepfEcial
Gazette of the Teriitoiies.
3. WheneveL- this Ordinance is put into force, as afore-
said, in any portion of the Territories, erected into a Stock
District, no bull of one year old or upwai-ds shall be per-
mitted, to run at large between the first day of April and
the first day of July in each year ; and whenever the said
Orilinance is likewise put into force in any other part of the
Territories, no bull as aforesaid shall be permitted to run at
large at any time.
S. Any person who hnds a bull unlawfully permitted to
run at large may capture and confine the same, and as soon
thereafter as conveniently practicable, shall notify the owner
thereof, if known to such captor, and if such owner do not
within a reasonable time after I'eceiving such notice, take
away such bull and pay the captoi- thereof five dollars for
his trouble, and twenty-five cents per day for the l^eep of the
said bull every day the same has been in his custody, such
ownei- shall be lialjle, on prosecution in a summai'V way
before a Justice of the Peace, to a fine not exceeding twenty
dollars, together with the costs of prosecution, fee for cap-
turing, and the cost of keeping the bull as aforesaid ; which
said fee and the cost of keeping the bull as aforesaid, shall
be paid over, on collection, to the captor ; and in default of
paj^ment of such fine, fee and costs, the Justice of the
Peace maj^ grant his warrant to levy the same by distress
BidLs. 159
and wale of the goods and chattels of the owner of such bull.
t)^
4. AYhen the owner of any bull so captured and confined
is unknown to the captor ,the said captor shall post up a notice
in Form A of this Ordinance, in three public places in the
neighborhood of the capture, and advertise such notice in four
consecutive weekly issues of a newspaper published nearest
the place of residence of the captor,and the owner thereof shall
be entitled to receive delivery thereof on the conditions set
forfch in the next preceding section and upon paying the
expenses incurred for advertising ; but, if at the end of four
weeks after the last publication of the advertijSement, no
owner be found for such 'bull, then, upon application to a
Justice of the Peace, the said Justice may, after ten days'
notice, posted up in three conspicuous places in the neigh-
borhood, such notice stating time and place pf sale, caxise
the said bull to be sold ; and out of the proceeds of such
sale, first pay expenses of sale and advertising and then the
sum of five dollars and costs of keeping, to the captor ; and
after defra}ing all other expenses, pay over the balance to
the General Fund of the Territories.
5. This Ordinance shall not apply to pound districts, under
" the Ordinance respecting Trespassing and Straying of
Animals." ,
FORM A.
Public Notice.
(Vide t-'ection 4-)
^uiicei&hiivehy given, ihat (description of Bidl) is detaiued by the
undersii^iied, at (place ivhere detained), and if not claimed will be sold
in accordance with the provisions i>( the Ordinance respecting Bulls.
160 Stallions. [
CHAPTER 15.
AN ORDINANCE RESPECTING STALLIONS.
Stallions s. 1. ' Proceedings after restraint, s. 3.
Proceedings to restrain, b. 2. '
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly o£ the Territories, en-
acts as follows :
1 . No stallion of one year old or upwards . shall be per-
mitted to run at large within ten miles of any settlement in
the Territories.
3. Any person, who finds a stallion unlawfully permitted
to run at large, may capture and confine the same, and as
soon thereafter as conveniently practicable, shall notify the
owner thereof, if known to such captor ; and if such owner
do not within a reasonable time after receiving such notice,
take away such stallion and pay the captor thereof five dol-
lars for his trouble, and ,twenty-five cents per day for the
keep of the said stallion every day it has been in his custody,
such owner shall be liable on prosecution in a summary way
before a Justice of the Peace, to a fine not exceeding twenty
dollars, together with the costs of prosecution, fee for cap-
turing, and the cost of keeping the stallion as aforesaid :
which said fee and the cost of keeping, shall be paid over,
on collection, to the person who captured him; and in de-
fault of payment of such fine, fee, and costs, the Justice of
the Peace may grant his warrant to levy the same by dis-
tress and sale of the goods and chattels of the owner of such
stallion.
3. When the owner of any stallion so captured and con-
fined is unknov/n to the captor, the said captor shall apply
to a Justice of the Peace, who shall cause a notice to be
posted up in three piiblic places in the neighborhood of the
capture, and likewise cause an advertisement to be published
in the Official Gazette, and in four consecutive issues of a
newspaper published nearest the place of residence of the
captor, describing such horse and to whom application
Stallions. 161
therefor may be made ; and the owner thereof shall be en-
titled to his stallion in compliance with the conditions here-
inbefore set forth and paying the expenses incurred for ad-
vertising ; but if at the end of four weeks after the last
publication of the advertisement the stallion has not been
delivered up as aforesaid, then the said Justice, or in his
absence any other Justice of the Peace, may, after ten days'
notice, cause the said stallion to be sold, and out of the pro-
ceeds of such sale ipay live dollars and the cost of keeping
the stallion to the' captor thereof, and, after defraying all
other expenses, pay over the balance to the General Rav-
enue Fund of the Territories.
IG:^ ,
Prolnding S/u'ep.
CHAPTER 16.
AN ORDINANCE FOR THE PROTECTION OF
SHEEP.
Dogs worrying sheep may be des-
troyed, s. 1.
Penalty uij owner, s. 2,
Conviction not to bar civil action.
Proof of Dog's propensity not ne-
cessary, s 4.
Pines, how disposed of,s. 5.
The Lieutenant-Go\'ernor, by and with the advice and
consent of the Legislative Assembly of the Territories, enacts
us follows :
1. Anj^ person may kill anj^ dog in the act of pursuing,
woriyiug or destroying sheep, lambs, calves, colts, pigs
or poultry, elsewhere than
by the owner of sucli dog.
on
the enclosed land occupied
S. C)n complaint made on oath bet\)re a Justice of the
Peace, that any person owns or has in his possession a dog,
which lias within three months previous worried, injured or
destroyed any sheep, land;>, calves, colts, pigs or poultry,
outside the enclosed land occupied by the owner of such dog,
such Justice of the Peace may issue his summons, directed
to sucli pei'son, stating shorth^^he matter of such complaint,
and requiring sucli person to appear before him at a certain
time and place therein stated, to answei' to such complaint;
and upon conviction, on the evidence of one credible wit-
ness, C'tJiei' than the complainant, of having such dog in his
possession, the Justice of the Peaci^ may malee an order for
the killing of such dog within three days, and in default
thereof nuiyin his discretion impose a fine upon such person
Eoi exceeding twenty dollars, with costs, to be levied by
distress on the goods and chattels uf such person.
S. No conviction under this Ordinance shall bar any
action l>y the owner or jiossessor as aforesaid, for the reco-
very of damages in respect of the subject matter for which
such conviction is had.
Protecting Sheep. 163
4. It shall not be necessary i'or the plaiijtitt' in any action
i'orinjuriesdoneby adog.as aforesaid, to prove that the defend-
ant was aware of the propensity of the same to pursue andin-
jureanimals, nor shall the liabilityoftheownerorpossessoras
aforesaid of any dog, for any injury done by such dog, de-
pend upon his previous knowledge of the propensity of the
same to injure animals. '
5. All fines recovered under this Ordinance shall be paid
into the General Revenue Fund of the Territories.
]'04 Driving off Hoi ■ted and CuKh'.
CHAPTER 17.
AN ORDINANCE FOR DRIVINtJ OFF HORSES AND
CATTLE.
Penalties, s. 1. ' Civil action, s. 2.
The Lieutenant-Governor, hy and with the advice and
consent of the Legislative Assembly of the Teriitories, enacts
as follows :
1. Any person who takes, rides or drives off any hcirse or
mule belonging to another -.vithout the owner's consent, or
who, when bringing liis own animal from the prairie, takes
or drives off the horse or mule of any other person grazing
with his own, or who wilfully or negligently causes or al-
lows horses mules or cattle of other parties to be, driven
with his hei'd more than ii\"e niiles from ilieir grazing places,
shall, upon conviction thereof bei'ore a Justice of the Peace,
be liable to a fine of not exceeding one hundred dollars and
costs of prosecution, and in default of payment to be im-
prisoned for a term net exceeding three months ; piovided
tliat if tl'ie owner of ai.y nnimal. in trimnng it hem the
praiiie, fiuus it lieee.s.vLry to dri\e oilier animals a gi eater
distance than five mile^^ before he can separate his own
animal from among tlein, he shall not be liable to the pen-
alties imposed by tliis Oi'dinar.ce, if he at once di'iv^s back
such otlier aiiiiiuds to the place from wbich he drove tlseni.
3. Nothing in this Ordinance shall preveUt the owner of"
any animal taken, ridden or driven off", as aforesaid, bringing
a civil action for damages in addition to any penalty im-
posed under this Ordinance.
Diseases af Animals. 1 65
CHAPTER 18.
AN ORDINANCE RESPJiCTlNG INiECTIOUS AND
CONTAGIOUS DISEASES OF DOMESTIC
ANIMALS.
Veterinary Surgeons, s. 1.
Infecti'ius Diseases,- ■». 2, 3.
Proceedings to suppress same, ss. i,
5, 6, 7, 8.
Penalties, s. 9.
Fees, s. 10.
Inspection of Animals, s. 11.
Forms, A, B, C.
The Lieutenant-Governov, by and with the advice and
consent of the Legislative Assembly of the Territories, enaets
as follows :
1 . The Lieutenant-Governor may, whenever he considers
it necessary, appoint one or more Veterinary Surgeons, de-
fining in such appointments the district or limits within
which each such veterinary surgeon shall exercise the pow-
ers by Law imposed on him.
3. The owner of any horse or animal aifected with glan-
ders or farcy, or the person in whose charge such animal
may be, shall, imme'liately on ascertaining that the animal
is aifected, or on being notified thereof, in writing, by a vet-
erinary surgeon, appointed as aforesaid, kill such animal,
and burn or bury the carcass of the same to the satis-
faction of the veterinary surgeon aforesaid. And in case the
owner or person, in whose charge the affected animal may
be, refuses or neglects to carry out the provisions of this
section, the veterinary surgeon may kill and burn or bury
the carcass of the animal, at the expense of the said owner
or keeper ; provided however, that if the owner of such
animal has reason to believe that it is not affected
with glanders or farcy, he may deliver a notice in writing
to that effect to the veterinary surgeon, and the veterinary
surgeon shall thereupon place the animal in quarantine, and
shall give notice requiring the owner or person in whose
charge such animal may be, to be and appear before such
Justice of the Peace as may be named in such notice, at such
time and at such place as may therein be named, to show
cause why the said animal should not be destroyed ; and the
Missing Page
Missing Page
Missing Page
APPENDIX.
FOKM A.
(riff,? Section 4.)
In the matter oE a diseasnd
A B
Complainant,
and
C D
Coinplaino'1 against.
^> -^ B of farmei-, (or as the
case may be) make oath and say as follows :
1. I reside at
2. IknowO D who resides at
and who is by occupation a farmer, or (as the case may he).
3. The said C D owns, (or has in liis possession, or on
hia premises, or elsewhere, or running at large, a horse, mare, cow, ox or other
domestic animal, naming the animal, as the factis.whioli to the best ot my Know-
ledge and belief, (or according to my infortnation, as the case may bo,) is affected
with some infectious or contagious disease, dangerous to life.
Sworn before me at
this day of
18
J P
FORM B.
Vide Section 4.)
ORDER AND SUMMONS.
In the matter of a diseased
A B
Complainant,
and
C D
Complained against.
Upon the application of A. B., and upon reading.the affidavit of
I do order that G. H. do forthwith make examination of a certain (here describe
the animal) of C. D", in (here describe where the animal is,) alleged to be infected
with some infectious or contagious disease, and report the result to me in writing,
in pursuance of the "Ordinance respecting infectious and contagious diseases of
domestic animeils" on'the ^ day of at o'clock in the noon;
and I do order that the said G. H. do personally'appear before meat that time
at And I do further Older that C. D. do person-
ally appear before me at on the said
day of at o'clock in the noon, to
answer the complaint made against him in respect to the said 'diseased animal,
wEenthe sam e will be heard and the matter determined accord ing to law.
Dated day of
X Y
J. P.
Missing Page
Brands. 173
which veut brand shall not in any case be placed in such a
position as to obliterate or efface the original brand, and where
any such vent brand shall have been branded as aforesaid,
it shall be frima facie evidence of sale or transfer.
II. Everj- person recording a brand shall also at the
same time record and register his vent brand.
1 ?J. If any peison shall brand, or cause to be branded, any
stock the property of anot.hei- persoh, witliout that other
person's consent, he shall pay the owner of the same thiee
times the value of the animal so branded, and any such
owner may sue for and recover the same in any Court of
competent jurisdiction.
13. The owner of anj- recorded brand may, by writing,
transfer the same to any person, who may record the trans-
fer, and the transferee shall have thereafter all the rights of
the pei'Ron who first recoided it.
14. The presence of a recorded brand on any animal
shall he prima facie evidence of the ownership of such ani-
mal by the owner of such brand.
15. The following fees sLmII be paid to the officials men-
tioned in this Ordinance :
To the sub-recorder for receiving each application
for registration of a brand and for transmit-
ting the same to the recorder, $ .75
Fee to accompany each application sent to the
recorder, 1-25
For each certified copy of a recorded bi'and, . . . .50
For every search for brand, 25
IS. The ]-ecorder shall, on the first d^y of the month of
Januaiy and July in each year, make a return to the
Lieutenant-Governor, verified on oath before a Judge of the
Supreme Court, showing the emoluments of his office dur-
ing the six months next preceding.
Missing Page
174 PraArie <hnd Fored Firen.
CHAPTER 20.
AN ORDINANCE RESPECTING PRAIRIE AND
FOREST FIRES.
Pmvisii'ns and Penalties respecting Fire Guardians, s. 4.
prairie fires, ss. 1, 2. j Duties of Peace Officers s. 5
Recovering damages, s. 3. I Prosecutions, s. 6.
The Lieutenant-Governor', by and with the advice and
consent of the Legislative Assembly of the Territories,
enacts as follows :
I. Any person, who, directly or indirectly, kindles, or in
anj' way causes the kindling of, or places, or is a party to
kindling or placing tire in the open air in anj- part of the
Territories, except for camp or domestic purposes, or for
clearing land in the ixionths of December, Januarj^, Febru-
ary, or March, except as hereinafter provided, shall on con-
viction thereof, pay a tine not exceeding two hundred dol-
lars, with costs of prosecution, and in default of payment he
imprisoned for a term not exceeding six months.
Provided always, that a person may at any time kindle a
fire, if he has present, during the whole time of the burning,
six persons with proper appliances for putting out fires, or
without such assistance, inside a ploughed break not less
than ten feet wide ; provided that North of Town-
ship 30, tires may be kindled for the purpose of clearing
land during the month of April also.
3. Any person who kindles, or is a party to kindling a
lire in the open air for any of the purposes allowi^d in the
next preceding section, and allows such tire to escape, shall,
on conviction, be liable to a fine not exceeding one liundred
dollars, with costs of prosecution ; and, in default of pay-
ujent, be imprisoned for a term not exceeding three months.
Any person ti avelling by land or water, who shall light a fire
on the prairie or elsewhere, and does not juit it out before
starting, .shall be liable to all the penalties hereinafter im-
posed, and in the ease of several offenders, such costs and
fines shall be recoverable from each of them separately.
PraArie ami Forest Fires. 175
3. Nothing in this Ordinance shall bar or prevent the
owner of private property from recovering damages from
any oiFender against the first and second sections of this
Ordinance.
4. The Lieutenant-Governor may appoint lire guardians,
having the power of constables, to enforce the provisions of
this Ordinance, who, together with all Justices of the Peace,
shall have the power to call o\it any male person within ten
miles of a prairie lire, to proceed at once, and help to extin-
^ish said fire, and any person refusing to do so shall be
liable to a fine of ten dollars, with costs of prosecution. The
Lieutenant-Governor-in-Council may, where it is deemed
expedient, employ Counsel for the prosecution of offences
under this Ordinance, whose services shall be paid for out
of the General Revenue Fund of the Territories.
,5. It shall be the duty of all Peace Officers, upon view of
any infraction of any of the enactments of this Ordinance,
forthwith to arrest the offender, and without warrant bring
him before a Justice of the Peace to be dealt with according
to Law.
6. Prosecutions under this Ordinance shall be in a sum-
mary manner.
176 Noxious Weeds.
CHAPTER 21.
AN ORDINANCE TO ENFORCE THE DESTRUCTION
OF THE CANADA THISTLE AND OTHER
NOXIOUS WEEDS.
Definition of "Niixious Weeds, "s.l. i Du y . if Municipality, s. 3.
Destruction of, s. 2. I Penalties, ss 2, 4
The Lieutenant-Governor, by and -with the advice and
consent of. the Legislative Assembly of the Territories, en-
acts as follows :
1 . In this Ordinance the expression " Noxious Weeds"
means wild mustard, cockle, Canada thistle, and wild oats,
and no other kinds of weeds.
%. Every owner or occupier of land shaU cause to be cut
down, or otherwise destroyed, all noxious weeds growing
thereon, so often in each year as is necessary to prevent
them going to seed, and if any o^wner or occupier aUowB
noxious weeds to grow and the seed thereon to ripen, he
shall be liable, on summary conviction before a Justice of
the Peace, to a fine of not less than ten dollars nor more
than twenty-five dollars for every such offence, with costs
of prosecution.
•I. It shall be incumbent upon every Municipality to have
all noxious weeds growing on the highways within its
limits destroyed, to prevent their going to seed.
4. Any person who vends for seed purposes, grain, grass,
or other seed, among which there is any seed of wild mus-
tard, cockle, Canada thistle, wild buckwheat and wild oats,
shall be liable, on summary conviction before a Justice of
the Peace, to a fine of not less than ten dollars nor more
than one hundred dollars, with costs of prosecution.
Pollution of Running Strewms.
GHAFTSR 22.
AN ORDINANCE TO PREVENT THE POLLIITB®*
OF RUNNING STREAMS.
Polluting Streams, s. 1.
Definition of Banks, s. 2.
Prosecutions, s. 3.
Proceedi n t;s may be suiniiiaiy. s. 4.
Where Ordinance not to ax)l)Jy*e- 6.
The Lieutenant-Governoi-, by and with the advice and
consent of the Legislative Assembly, enacts as followu :
1. Any person who deposits or causes or allows ba be
deposited along the bank of any running stream in liie
Territories, or who shall cast or throw into its ■\wi4ers
any stable manuie, or any night-soil, carcases, or any other
filthy or impure matte)' or siibstance of any kind, shall be
guilty of an offence, and for each and every such offijnce
incur a penalty of not less than five dollars, together with
the ' costs of prosecution ; and on non-payment of saeh
penalty and costs forthwith after conviction, be impri-
soned in the" nearest common gaol, with cr without hard
labor, for not exceeding one month, unless such penally
and costs are sooiSr paid.
3. The banks of all running streams within the Terri1i©»i«s
shall, for the purposes of this Ordinance, include all lands
within fifty feet of ordinary high water-mark on either side
of such streams.
3. Prosecutions for offences under this Ordinance may l»e
had before one Justice of the Peace, in a summary way ; sad
all fines recovered shall be paid to the General EeviOMK
Fund of the Territories.
4. Any person found committing any offence under tifais
Ordinance may be arrested on view by any Constable «r
Peace Officer, and taken, without any warrant, before flu*
nearest Justice of the Peace and immediately prooe»el»d
against without any other formality.
5. This Ordinance shall not refer to the discharge «i
sewer waters from any pipe or drain leading from any-
dwelling house, hotel or public institution.
17?i
Agricultv/ml Societies.
CHAPTER 23.
AN ORDINANCE RESPECTING AGRICULTURAL
SOCIETIES IN THE TERRITORIES.
Title, s. 1.
Oryaniziitiiiii, s.-2.
Meeting fni the Election of OflS-
ceis, y. o.
Fees, ?, 4.
Object, s. 5.
Funds, s. 6.
Annual Meoting, s. 7.
Meeting of Officers, s. 8.
Report of same, .i. 9.
Sfcituinent Receipts and Disburse-
ments, s. 10.
Society's Journal, ». 11.
Officers and Directors to give infor-
mation, s. 12.
Certilicate of Orj^anization, s. 13.
Corporate Seal, s. 14.
Schedule, Forms A and B.
The Lieutenant-Governor, by and with the advice and
consent of tho Legislative Assembly of the Territories, en-
acts as follows :
I. This Ordinance may
Societies Ordinance."
be cited as " The Agricultural
'i. An Agricultural Society shall be held to be organized
nnder the provisions of this Ordinance, whenever fifty
persons, over eighteen yars of age, have signed a declaration
naming a place, where the Society purposes to hold its first
exlubition, and forwarded the same to the Lieutenant-
Governor, with an <icci>mpanying certificate, signed by one
of the subset ibers and verified before a Justice of the Peace
or a Notary Public ; such declaration and certificate to be in
Form A of this Ordinance.
Provided always, that the applicants shall reside within
twenty -five miles of the place where such first exhibition is to
be held, and have not already signed any declaration for the
^tablishuient of an existing Agricultural Society under this
©rdinance.
3. Upon the Lieutenant-Governor acknowledging the,
receipt of a declaration as aforesaid, expressing his
approval of the organization of the proposed Agricultural
Society, the party making the certificate accompanying the
»«me, or in his absence any one appoiii ted by the Lieutenant-
©overnor, shall call a meeting for the election of tlie
Agricultural Societies. 179
various officers by public notice published for two weeks
in the nearest newspaper, or posted in five conspicuous
places at least fifteen days before the time fixed for holding
such meeting, and it shall be held in a central and con-
venient place.
4. Any person may become a member of an Agricultural
Society organized under this Ordinance by paying to the
Treasurer thereof yearly the sum of one dollar.
5. The object of Societies organized under this Ordinance
shall be to enccmrage improvement in Agriculture ;
(a) By importing or otherwise procuring seeds, plants
and animals of new and valuable kinds ;
(i) By awarding prizes for excellence in the raising or
introduction of stock, the invention or improvement of
agricultural implements or machines, the production of
grain and all kinds of vegetables, plants, flowers and
fruits, horae manufactures and works of art, and generally
for excellence in any agricultural production or oper-
ation ;
(c) By offering prizes for essays on questions of scien-
tific enquiry relating to agriculture, and the best systems
of protection against prairie fires.
4>. The funds of the Society, however derived, may be
expended for any object not inconsistent with those autho-
rized by this Ordinance.
7. The annual meeting of every Society shall be held in
the month of January in each year on call of the President,
who shall give eight days' written or printed public notice
thereof, when there shall be elected a President, two Vice-
Presidents, a Secretary-Treasurer, or a Secretary and
Treasurer, and not less than seven Directors and an
Auditor, another to be appointed by the President then
elected ; and the place for holding the annual exhibition
shall be also then decided; and the persons entitled to vote
at such meeting shall be paid-up members for the ensuing
year.
8. The meeting of the Officers shall be held pursuant to
adjournment, or called by written notice given by authority
ISO Agricultwral Societies.
of the President, or in his absence of the senior Vice-Presi-
dent, at least ten daj'S before the. day appointed, and at any
meeting five shall be a quorum.
9. The said Officers and Directors shall, in addition to the
ordinary duties of management, cause to be prepared, and
shall present at the annual meeting, a report of their pro-
ceedings during the yea)-, in which shall be stated the names
of all the members of the Society, the amount paid by each
set opposite his name, the names of all persons to whom
prizes have been awarded, the amount of such prizes respec-
tively, together with such remarks and suggestions upon
Agriculture in the District, as the Directors are enabled to
offer.
10. There shall also be presented to the said annual meet-
ing, a detailed statement of the receipts and disbursements
of the Society during the year.
1 1. The said report and statement, if approved by the
meeting, shall be entered in the SocietA^'s Journal, kept for
such purpose, and signed by the President, or Vice-President,
as being a correct entiy ; and a true copy thereof, certified
by the President and Seci'etary for the time being, shall be
sent to the Lieutenant-Governor, on or before the fifteenth
-day of February next following the date of such meeting.
«
f^ 13 The said Officers and Directors shall answer and give
such information as the Lieutenant-Governor may, from
time to time, require touching the interest or condition of
agriculture in their districts.
1 3. Whenever the President and the Secretary of a Society
formed under this Ordinance, have transmitted to the Lieu-
tenant-Governor a certificate in Form B of this Ordinance,
.showing the organization of such Society, the number of
members forming the same, which shall be at least seventy-
five, the amount of subscriptions paid up, and funds subscri-
bed, the Lieutenant-Governor in Council may grant to the
.said Society, out of the General Eevenue Fund of the North-
West Territories, a sum not exceeding the amount subscrib-
ed and paid to the said Society.
1 4. Each Society formed under this Ordinance shall be a
Corporation with a Corpbrate Seal, under the name of the
Agricultural Societies.
181
Agricultural Society of (inserting the name of the Society)
and shall have power to acquire and possess real estate and
to dispose of the same for all purposes of the sa,id Society.
SCHEDULE.
FORM A.
{Vide Section 2.)
We the undersigned, each being over eighteen years of age and residing witliin
twenty-five miles of {name of place) being the proposed place of holding the first
exhibition, agree to form ourselves into a Society, under the provisions of the
Agricultural Sjcieties Ordinance, uncler the name of {name of Society) and we
respectivL-ly promise to pay to the Treasurer of the said Society, annujlly, as long
as "wc continue members thereof, the sum set opposite our respective n^mos, and
to conform ourselves to the By-Laws and Regulations of the said Society.
And we hereby state that we have not previously signed any declaration for
the establishment of an existing Agricultural Society under the said Ordinance.
Name.
Subscription.
one of the Subscribers to the above dcc'aration, hereby" certify that the sum of
at lea-^t nnn dollar has been paid by each of the above Subscribers, i^g his flrst
annual sub-criutinn to the proposed Agricultural Soi iety of {insert proposed
name, of Socie'y> ; and rhat I hold, on behalf of the said proposed Society, the
sev*iral amouu'ts so paid.
Sworn before me at
in the N'orth West Territories, this
day of \.Sinnature of
Subscriber.
J. P. or N. P.
182 Agricultural Societies.
FORM B.
' ( Vide Section 13.)
Wo, A. B., PresideBt o( the Agricultural Society of
and CD., Secretary of the said Society, certify and declare that the said Soci ty
is now regularly organized, that the actual number of Members is
and that the sum of has been subscribed by and is now at
ths disposal of the said Society.
A. H., President.
C. D., Secretary.
Dated this day of 188 .
Cemeteries. L8*
CHAPTEB 2-3:.
AN ORDINANCE TO INCORPORATE G0MPANII3S
FOR TZE ESTABLISHJIENT OF CEMETERIES.
:^itle, 3 1. , F,jrm ,,f jeed, s. 16.
Esrabhshraent of Public Cemeter-I Iireresr un srnck, s. 17.
ies, 3, 2. I Sale.. f sites, s. IS.
Pr..visi(ins respecting same, s. 3 1 Sharelvld'Ts. s. 19.
Form of Instrument, s. 4. i Direclurs, s. ^0.
Enclosure of Cemeteries, s 5. i bale of lots, s 21
Repairs, s 6. Manatjement, s. 22.
Drainage, s 7- First iDireclnrs, s. 23.
Polluting streams, 3 8. Vntinn, s. 24
Penalties, ss 9, 10, 30. President, s 25.
Burials, s 11 By Laws, s. 26
Must beconducteddecently, s. 12. ; Recording Book, s. 27.
Graves for strangers and poor, s 13. Instalments, s. 28,
Exemption from taxation, s. 14. j Liability of Direcwirs, s. 29.
Registration of lots, s, 15.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Asseml.>ly of the Teiritoiies, ea-
acts as follows :
1. This Ordinance m8.y be cited as " The Cemetery Or-
dinance."
3. Any number of persons, not less than twenty, may
form themselves into a comjany for the pu] pose of estab-
lishing one or more public (V>inet(.'ries outside the limits oif
any town, unless permission l;f given by by-law of said
town for such establishment within its limits.
3. Subject to the preceding section, when any number of
persons, not less than twenty, have
{a) Subscribed stock to an amount adequate to the pur-
chase of the grcund required for such a Cenieteiy, and
(h) Executed an instrument according to the form in the
next section contained, and
c) Paid to the treasurer of the j^roposed company twenty-
1&4<
Cemeteries.
ground is
&ve per cent, of the capital stock intended to be raised, and
(ft.) Deposited such, instrument, or a duplicate thereof, to-
gs^er with a receipt from the treasurer for the first instal-
EKHit of twenty-five pei- cent, with the Registrar of Deeds
•i' the Land Registration District in which the
siiuaie,
Tlie Company shall thenceforth become and Le a body cor-
porata, by the name desiynateil in the instrument so depos-
itesl, and may take, hold and convey the land to be used
ascluaively as a Cemetery or place for the burial of the
dead.
-4. The instrument refei'red to may be in the form follow-
iiag:
Beit remembered that on tliis day of
i» the year of Our Lard one thousand eight hundred and eighty , we, the
iHsd«rsigTij.d ehareholders^mi^t at in the North-West Territories,
and restihtd to fiam (Ulsel^ts into a Cemetery Company, to be called the
Cemetery Cuiiipany, under the provisions- of "The Cemetery
©rdiBiinc'o;" ftnd "wc do 111 lL■^y a^'rcc ihntthe capital stock of the said company
shall be dollars, to be divided into shares of
A©llai3 each, entitling the holder to one hundred superficial feet; and we, the
mnderaignt-d shareholders, do hereby agree to accept und take the number of
afeaxcH eet by us opposite our resycftivL- signatures ; and we do hereby agree to
pay t£io calls thereon according to the provisions of the said OrJirance, and the
rades! and regulations and by-laws of the company, to be made in that behalf,"
irAMH.
NO. OF SHARES.
AMOUNT.
fia The Company shall within two years from its incor-
poration, by walls or other fences, enclose every part of the
C«metery lield by them.
C. The Company shall also, out of the moneys received
\
Cemeteries. , ' 185
by virtue of this Ordinance, keep the Cemetery and the
buillings and fences thereof in complete repair, and in good
order and condition.
7. The Company shall make all proper and necessary
sewers and drains in and about the Cemetery for draining it
and keeping it dry ; and they may, from time to time, as
occasion requires, cause any such sewer or drain to open
into an existin-- sewer, with the consent in writing of the
persons having the management of the street or i oad, and
with the like consent of the owner or occupier of the land
through which, or part of which, the opening is intended to
be made, doing as little damage as |)ossiljle to the street,
road or land, wherein the same is made, am.l restoring it to
the same or as good condition as it was in before being
disturbed.
8. If the Company at any time causes or suffers to be
brought to or to flow in any rive}', spring, well, stream, canal,
reservoir, aqueduct, pond or watering place, any offensive
matter from the Censeteiy, whereby the water is fouled, the
Company shall forfeit, for e^ery such otftiice, five hundred
dolkus.
9. The said penalty, with full costs of suit, maj-, by a
civil action in any Court of competent jurisdiction, be re-
covered by any person having a right to u^e the water ;
but the penalty and costs shall not be recoverable unless
sued for during the continuance of the offence, or within six
months after it has ceased.
10. In addition to tlie penalty of five hundred dollars,
(and whether the same has been recovered or not,) any per-
son, hiviti''' a rig'it to use the water, may sue the coinpiny,
in a civil action, for any damage specially sustained by him
by reason of the v/ater being fouled, or, if no special damage
is alle^ncd, then for the sura of ten dollars for every da}'
during which the oilensive matter has continued to be
brouo-ht or to flow, after the expiration of twenty-four hours
from the time when the notice of the offence was by such
person served upon the Company.
1 1. No body shall be buried in a vault, or other space,
under any Chapel or other building in the Cemeteiy, nor
86 Cemeteries.
within fifteen feet of the outer wall of any such Chapel or
building.
I '£. The Company shall make regulations to ensure all
burials within the Cemetry being conducted in a decent and
i S. The Company shall furnish graves for strangers, and
for the poor of all denominations, free of charge, on the cer-
tificate, in the lattei' case, of a minister or clergyman of the
denomination to which the deceased belonged, that the rela-
tives of the deceased are poor and cannot afford to purchase
a lot in the Cemetery.
1 4. The real estate of the Company, and the lots or plots,
when conveyed by the Company to individual proprietors
for burial sites, shall be exempt from taxation of any kind,
and shall not be liable to be seized or sold under execution.
15. When a lot has been sold by the Company for a
burial site, the conveyance shall not require to be registered
for any purpose whatever, and .shall not be affected by any
Eegistry Act, nor shall any judgment, mortgage Or incum-
brance subsist on any lot so conveyed.
1 6. The deeds from the Company shall be in the following
form :
"Know all men by these presents, that the Cemetery Com-
pany, in con|lderation of dollars, paid to them by
<*' , the receipt whereof is hereby acknowledged, grants unt»
th» said , his heirs and assigns, lot of land in the
Cjni ^ tcry of the said Company, called , and situate ii.
which lot is delineated and laid down on (die map of the said Cemetery, and is
thereon designated as , containing: by measurement
supirflcial feet."
17. From and out of the proceeds of the sales of burial
sites made by the Company, the Company may pay to its
shareholders who may not desire to take land in the Ceme-
tery to the full extent of the stock subscribed for aad paid
by them, interest on their paid up stock, not represented by
land in the Cemetery, at such rate as may lie agreed on, not
exceedingly eight per centum per arinum, and may also repay
to such shareholders the amount of paid up stock held by
thein, not represented by land in the Cemetery.
Cemeteries. 187
(1.) Every such shai-eholder of the said Company shall be
taken to be a shareholder, and shall be entitled to all the
rights of shareholders in respect of the shares of the capital
stock of the Company, htld by him and fully paid up, and
which are not represented by land in the Cemetery, until
such shares are repaid to him by the Company ; and upon
the repayment to him of any share, he shall cease to be a
shareholder in respect of such share,
(2.) Except as aforesaid, no dividend or proiit of any
kind shall be paid by the Company to any member there
18. Subject to the provisions in the preceding section
contained, one half of the proceeds of all sah-s of burial sites
made by the Company, shall be first applied to the payment
of the purchase money of the land acquired by the Company,
and the residue to preserving, improving, and embellishing
the land, as a Cemetery, and to the incidental expenses of
the Company : and after payment of the purchase money,
the proceeds of all future sales shall be applied to the preser-
vation, improvement and embellishment of the Cemetery
and to the incidental expenses thereof, and ta u6 other pur-
pose whatever.
lU. Every proprietor of a lot in the Cemetery, contain-
ing not less than one hundred superficial feet, and who has
paid twenty-five per cent, or more of the price of the lot,
shall be deemed a shareholder in th? Company, and every
such lot shall be deemeel a share in the Company.
20. Every shareholder who has paid to the company not
less than ten dollars in all on his share or shares, shall be
eligible as a Director.
2 1 . The Company may sell a lot of any size, but no pro-
prietor of a lot containing less than one hundred superficial
feet shall thereby become a member of the Company or have
any vote in the management of the affairs thereof.
22. The affairs and property of the Company shall be
managed by five directors, a majority of whom shall form a
quorum.
2S. The first directors shall be chosen by ballot from
188 Cemeteries.
among the subscribers to the instrument creating the Com
pany ; and thereafter the directors shall be annually elect
ed by the shareholders, on the first Monday in June in
every year.
34. Upon every election of directors, including the first,
every shareholder shall be entitled to one vote for every
share he holds, or is possessed of, up to ten, and one vote for
every five shares above ten ; Ijut no shareholder shall vote
unless he has paid at least two dollars upon each share on
which he votes.
35. The directors, or a majority of them, shall, at their
first meeting, elect one of their number to be President of
the Company, and the President, if present, or, if he is not
present, then some director, chosen for the occasion, shall
preside at every meeting of the directors, and shall not vote,
except in case of an equality of votes, when he shall have a
casting vote.
3<». The directors may pass by-laws for the laying out,
selling and managing of the ground, for regulating the erec-
tion of tombs, monuments and grave stones therein, and for
empowering the President to execute conveyances of plots
to shareholders.
3T. The directors shall record in a book kept 'for the
purpose, all their by-la vs and proceedings, and every person
shall have a^-cess to such book for the purpose of searching
and making extracts therefrom, without payment of any
fee.
38. The directors may also call for instalments on the
sums subscribed for, and may appoint a time for the pay-
ment thereof, and if the same are not then paid, the right of
the subscriber and every instalment formerly paid shall be
forfeited, and he shall be held not to have subscribed, unless
tlie diriBctors think it expedient to remit the forfeiture,
which thr ,' may do if the instalments are paid, with inter-
est, withii one year after the day when they ought to have
been paid.
39. The Directors shall be personally liable for any judg-
ment reco^ '.red against the Company.
Ge7)ieteries. 189
30. Any person who, in a Cemetery established under
this Ordinance,
(1.) Plays any game or sport ; or
(2.) Discharges fire-arms (save at a military funeral) ; or
who
(3.) Commits a nuisance therein ;
Shall, upon conviction thereof, in a summary manner before
a Justice of the Peace, be punished by a fine of not less than
five dollars, nor more than one hundred dollars and costs of
prosecution.
190 Protection of Game.
CHAPTER 25.
AN ORDINANCE FOE, THE PROTECTION OF GAME.
Title, s 1.
CLise season, Deer species, s 2.
Water fowl etc, s. 3.
Eggs of WUd ¥i iwl, a, 4.
Special cuntrivances forbidden, ss.
5,7.
Close season, Fur animals, s. 6.
Possessicn prima facie evidence, a.
8.
Guardians, ss. 9, 10.
Exp(irtati<in, s. 11.
Penally, s. 12.
Prosecution, s. 13.
Permits, s. 14.
Exceptions, ss. 15, 16, 17.
The Lieutenant-Govbi-nor, by and with the advice and
consent of the Legislative Assembly of the Territories, en-
acts as follows :
I. This Ordinance may be cited as "The Game Ordin-
ance."
!8. No elk, moose, cariboo, antelope, deer, or their fawn,
mountain sheep or goat, or hare, shall be hunted, taken or
killed between the First day of February and the First day
of September in any year.
3. No person shall fire at, hunt, take or kill, in any year ;
(I.) Any snipe between the First day of May and the
Fifteenth day of August ;
(2.) Any grousu, iiartridge, pheasant or prairie chicken,
between the First day of February and the First day of
September ;
(3.) Any kind of wild duck, or wild geese between the
Fifteenth day of May and the Fifteenth day of August.
4. No person shall at any time disturb, injure, gather or
take the eggs of any species of wild fowl.
5. None of the contrivances for the taking or killing of
the wild fowl known as swans, geese or ducks, which are
described as swivel guns, batteries, sunken punts, or night
lights shall be used at any time, nor shall any person use
grain, seed or other description of food steeped in opium,
alcohol or other narcotics, for the purpose of stupifying and
capturing any species of wild fowl, except geese.
Protection oj Game. 191
S. No person shall hunt, trap, or kill, in any year :
(1.) Any mink, fisher or martin between the Fifteenth
day of April and the First day of November ;
(2.) Any otter or beaver between the Fifteenth day of
May and the First day of October ;
(3.) Any muskrat between the Fifteenth of May and the
First day of ^'iovember.
7. No animal or bird named in the foregoint; sections,
except geese and hares, shall be taken or killed at any time
by means of any rope, snare, spring, cage, net or trap of any
kind, and no engine shall be, at any time for such purpose,
placed, eonsoructed, erected, or set either wholly or in part ;
and any person finding any engine so placed, constructed
erected, or set, may take possession of or destroy tlie same
without such person thereby incurring any liability there-
for.
8. No person, except as hereinafter mentioned, shall
kave in his possession, custody or care, any animal or bird
already mentioned, or any part of the carcase of such animal
or bird, with the exception of the skin, during the period ia
wiiich by the Ordinance the killing thereof is prohibited,
or which appears to have been killed by any of the means
forbidden by this Ordinance, but every such animal or bird
or any portion or portions thereof may be bought or sold,
when lawfully taken. Possession of any animal or birft
by any person in the close season, except as otherwise pro-
vided in this Ordinance, shall be deemed prima facie evi-
dence that the same was illegally taken.
9. The Lieutenani-Governor-in-Council, or such person as
may be deputed by them for the purpose, may appoint
guardians, having the power of constables, to enforce the
provisions of this Ordinance. And every such guardiari so
appointed shall forthwith seize the carcasses of any animal
or birds mentioned in the preceding sections, or any portion
thereof, found by him in the possession or custody of any
person during any forbidden period, and 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 them
before the nearest Justice of the Peace, who, unless the per-
son in whose possession the said carcasses are found, estab-
lishes fco the satisfaction of the said Justice, by his oath or
192 Protection of Game.
otherwise, that the pi-ovisions of this Ordinance in that
respect have not been contravened, shall declare them con-
fiscated either in -whole or in part.
\^. All animals or birds, oi* portion of animals or birds
so confiscated shall belong to the guaidian.
31. No pei'son or corporation shall at any time or in any
manner export or cause to be exported or carried out of the
hniits of the North- West Territories any grouse, partridge,
pheasant, prairie chicken, elk, moose, cariboo, antelope, or
their fawn, except as provided for in section 14 of this •
Ordinance.
13. Every offence against any of the pro%isions of this
Ordinance shall be punishable by a fine not exceeding fifty
dollars, and not less than five, and recoverable summarily on
information, or on summons only, issued by a Justice of the
Peace, and such Justice, on the proof vrhich shall be thereof
made, may impose tlie penalty with costs of prosecution,
and such penalty shall belong to the General Fund of the
Territories, and in default of immediate payment, the
offender shall be imprisoned in the common gaol of the'
(Jjstrict where the offence was committed, for any period of
time not exceeding two months ; but every magistrate shall
have power to convict on view.
13. No prosecution shall be brought after three calendar
months from the day of the committing of the offence
charged.
14. The Lieutenant-Governor, or any person by him
thereunto empowered, may grant written permission to any
persons to procure birds or eggs for scientific purposes,
during the close season.
15. Notwithstanding anything hereinbefore containedj
any traveller, family or other person in a state of actual
want, may kill any bird or animal herein mentioned, and
take any Qg^ or eggs hereinbefore referred to, for the pur-
pose of satisfying his immediate want, but not otherwise;
1 6. The provisions of this Ordinance, except Section 4;
shall not apply to Indians in any part of the Territories,
i'rotcction of Game. 193
with regard to any game actually killed foi- tlieir own use
only, and not for purposes of sale or traffic.
1 1. This Ordinance shall not apply North of a line drawn
one hundred miles North of the North Saskatchewan River.
194 Sale of Medicines and t)rugs.
CHAPTER 26.
AN OKDINANCE RESPECTING THE SALE OF
MEDICINES AND DRUGS.
Sale License, s. 1. I Penalty, s. 2,
The Lieutenant-Governor, by and with the advice and
consent of the Legisktive Assembly of the Territories, en-
acts as follows :
I. In such parts of the Territories as the Lieutenant-
Governor shall by proclamation set apart for that purpose,
no person whatsoever, other than those holding a diploma
frcm any Medical Faculty of Great Britain, Ireland or
Canada, shall sell medicines by retail within such parts of
the Territories so set apart, without license first had and
obtained from the Lieutenant-Governor, which license may
be granted upon certificate of such examiner or examiners
as he may appoint to enquire into the knowledge of such
person in pharmacy, that such applicant is a fit person to
receive such license, and upon payment to the General Fund
of *the Territories of ten dollars ; but nothing in this Ordin-
ance shall be construed to prohibit retailers and others from
selling epsom salts, castor oil, or drugs and medicines for
which a-patent has been obtained.
%. Any person contravening the provisions of this Ordin-
ance shall, upon conviction before a Justice of the Peace in
a summary way, be liable to a penalty not exceeding one
hundred dollars, and costs of prosecution.
PoisoThs. 195
CHAPTER 27.
AN ORDINANCE EESPECTING POISONS.
Title, s. 1.
Provisions, s. 2.
License, ss 3, 4.
Register to be kept, s. 5.
Restrictions, s. 6.
Fee for License, s. 7.
Penalties, s. 8.
Exceptions, s. 9.
Form of License, s 10.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, en-
acts as follows :
1 . This Ordinance may be cited as " The Poisons Ordin-
ance."
3. Except as hereinafter provid'^^I, no person shall put
out strychnine or other poison in any part of the Territories.
3. When a Justice of the Peace, on complaint before him
on oath, is satisfied that it is advisable to put out poisons
for the destruction of wolves, he may grant to such person
or persons as he thinks proper, a license to put out such
poison, and shall in such license limit the area v'thin which
such poison shall be used.
4. Such license shall not be given for a longer period than
six months, and shall not permit of any person putting out
strychnine or other poison within one mile of any public
trail or within two miles of any dwelling house or camp,
except on his own premises.
5. Every Justice of the Peace who issues any license for
putting out poison shall keep a register of the same, which
shall state the name of the person to whom the license is
given, the area within which such poison is to be used, and
the date of issuing the same, and shall make a return of all
licenses issued by him, on the last daj'^s of June and Decem-
ber in each year, in such form as may be prescribed by the
Lieutenant-Governor in that behalf.
6. No poison shall be set out unless it is mixed with
196 I'oiHonn.
grease and placi'd in a hole or liollow in a piece of timber
or other material or in some kind of a vessel.
T. There shall be payable to the Justice of the Peace, for
taking the complaint and issuing the said license, the sum
of one dollar.
8. Every person convicted of an infraction of any of the
provisions of this Ordinance, shall be liable on summary
conviction to a fine not exceeding one hundred dollars, with
costs of prosecution, and in default of payment, to be im-
prisoned, with or without hard labor, for a tei'm not exceed-
ing three months.
9. This Ordinance shall not apply to poisons placed under
the ground for the purpo.se of killing vermin.
10. The said license .shall be in the following form :
A. B., who resides at , is hereby permitted to a'jtoiit
strychnine or other poisons, for the purpose of destroying wolves, within the
area mention, d ; ; mely.
Provided that such poison shall not be placed within one mile of any public trail,
or within two miles of any house or camp, except on the premises of the said A. B.
This license is only good for six months from the date hereof.
Given under my hand at this
day of A.D. 18
Signed
J. IP.
Act
Ties
i9r
CHAPTEI. 28.
AN ORDINANCE EESPECTING FEREIES.
Title, s ].
Licenses, s«. 2, 3.
T..l)s. s. 4.
Fee, .-,. 5.
Hours of Running, s. 6.
Exempli. MIS, s. 7-
V\ here r< .w-boat may be used, s. 8.
Appnaffhe-i, s. 9.
Fords, s. 10.
Definitions in License, s. 11.
Schedule t" be p( sted, s.
Iiisjiectors, a. 13.
Bond, s. 14. ,
Psjualties, ss. 15, 19, 20.
AppHoai.ion of fees, s. 16.
Civil action, s. 17-
Liability, s. 18.
Returns, 21.
12.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories,
enacts as follows :
1. This Ordinance may be cited as "The Ferries Ordin-
ance."
*4. The Lieutenant-Governor-in-Council may, at any time,
issue a license to an 3^ person or persons for the establishment
and usage of a ferry or ferries, upon any river or stream or
navigable water in the Territories, granting the exclusive
rio-ht to ferry over the same during the time and within the
limits specified and described in such license, and upon
such terms, with such security and other arrangements as
are hereinafter provided.
3. Such license shall not be granted. for :
(1.) A longer term than three years ;
(2.) Any greater limit than three miles up and three miles
down stream from the point at which the ferry is to" be
placed, as specified in the license ;
(3.) Any ferry other than such as may be known as a
cable or swing ferry ;
(4.) Any ferry of which the boat or scow is not of suffi-
cient capacity to carry safely one double wagon loaded to
the extent of three thousand pounds, .with two horses or
other draught animals attached.
198 Ferries.
4. The maximum rate of tolls which may be charged
for each crossing by means of a licensed ferry, under the
preceding sections of this Ordinance, shall be as follows :
For every —
(a.) Double vehicle, loaded or unloaded, including two
horses or other draught animals and driver, 50 cents ;
(h.) Vehicle loaded or unloaded, drawn by single horse or
other animal, with driver, 25 cents ;
(c.) Horse or other animal, with rider, 20 cents ;
{d.) Horse, mule, ox or coW', without vehicle or rider,
5 cents ; . •
(e.) Passenger, other than the driver of any single or
double vehicle, or the rider of any animal, 5 cents ;
(/.) Animal, more than two attached to any vehicle, 10
cents ;
{g) Pig, sheep, colt, calf or dog, 6 cents ;
01.) All articles or goods not in a vehicle, over 100 pounds,
per hundred pounds, 2 cents ;
{i.) Foot passenger, 10 cents.
5. The fee to be paid by a licensee on receiving a ferry
license, as hereinbefore provided, shall be five dollars.
6. Licensed ferries shall be run at all hours of the day
and night, Sundays included, at which they are required,
unless in cases in which loss of life or injury to, or loss of
property is likely to result therefrom, but in every case in
which a ferry is used after nine o'clock in the evening or
before six o'clock ill the morning, double the rates speci-
fied in the license of such ferry may be charged.
T. Notwithstanding anything contained in this Ordin-
ance, no toll shall be charged on children going to or return-
ing from school, and in no case shall Her Majesty's mail be
obstructed, or charged more than the rates that may be
charged according to the terms of license between the hours
of six o'clock in the morning and nine o'clock in the even-
ing.
8. In case the water in a stream, to ferry over which a
license has been granted, becomes too shallow to work such
boat or scow, as provided in section three, subsection four,
the licensee shall keep a row boat or canoe, with which he
shall transfer foot passengers and baggag.e across such stream.
Ferr%es. 199
®. _ The approaches to eveiy f err)- shall be kept in such
condition by the licensee that such t'eny is reasonably ac-
cessible at all times for loaded double teams without danger
or loss of or injury to property.
_ 10. A ferry on any stream that maybe fordable at any
time shall not be used to block up or injure the ford or f orris
or landing from the usual ford or fords on suuh stream, nor
shall the licensee do any act which shall in any reasonable
de:>-ree make the fording of such stream any more difficult
than it would otherwise have been.
1 1 . The Lieutenant-Governor-in- Council shall express aiid
define in every ferry license granted, the maximum rate of
tolls, on payment of which persons and property shall be
ferried over the river or stream within the limits to which
license applies, the kind and size of vessels to be used in such
ferrying, the limits of river and length of time covered by such
license and the provisions, reservations and liabilities pro-
vided in this Ordinance, shall apply to every such license.
1 'i. Every person holding a ferry license shall keep at all
times posted up in a conspicuous place on both sides of the
river, as near as possible to such fitrry, a schedule or clear
statement, certified by the Clerk of the Legislative Assembly,
showing the ferry rates and the hours of crossing.
13. The Lieutenant-Govertior-in-Council may, from time
to time, appoint ferry inspectors, not having any interest in
such ferry as owner, surety or otherwise, whose duty it shall
be to report on the condition of such ferry or infractions of
this Ordinance by the licensee, from time to time as re-
quested by the Lieutenant-Governor, or on complaint of any
party using or desiring to use any such ferry. And if at
any time a person holding a ferry license fails to comply
with the written directions of an inspector, by neglecting to
repair or not removing a vessel condemned, or not providing
a suitable vessel within the time specified in such direction,
he shall forfeit his license.
1 4. Before any license granted, as hereinbefore provided,
shall take effect, the licensee shall give to the Lieutenant-
Governor a bond with one or more approved sureties, in a,
penal sum of one thousand dollars, conditioned for the faith-
200 Ferries.
ml performance of the conditions hereinbefore set forth in
every respect, and upon the death, removal from the Terri-
tories, or insolvency of any surety, or if required by the
Lieutenant-Governoi', the licensee shall substitute another
siiiiilar bond with the like conditions and within the time
natued for such purpose by the Lieutenant-Governor.
1 5. Upon any licensee being convicted before a Justice
of the Peace of \iolating any of the terms or conditions of
kis license, or of this Ordinance, or of insulting or ill-treat-
ing any person travelling over or desiring to travel over
such ferry, or wilfully injuring or harming any property in
transit across such ferry, or neglecting to repair or not re-
moving a vessel condemned by the inspector, or not provid-
ing a suitable vessel a's directed by such inspector, he shall
be liable to a fine not exceeding one hundred dollars and
cost of prosecution, and on non-payment thereof, to be im-
prisoned for anjr period not exceeding three months, unless
the fine and costs are sooner paid, and shall be further liable
to forfeit his license under directions of the Lieutenant-
Governor.
16. All moneys accruing from ferry license fees or
bonuses, under this Oniinance, shall be paid into the Gen-
eral Fund of the Territories.
1 7. No conviction shall be a bar to the ordinary civil
remedies for damages in favor of the person upon whose
complaint such conviction took place.
18. Eveiy person iiolding a ferry license, au'i his sure-
ties to the extent of the bond, shall be liable for all'aamages
bbiii may occur to persons and property while using such
fei'ry, from a ly carelessness of such licensee or his agent, or
&om any insufficiency in tlie strength or suitability of the
appliances used for feiiy purposes by such licensee.
19. Any person unlawfully interfering with the rights of
any licensed ferryman by taking, carrying or conveying
within the limit of such fnrry license, across the water on
which the same is situate, any pei'son or personal property,
in any vessel, or on any raft or other contrivance, for hire
«r reward, or hindering, or interfering with such license in
asay way, such per.'^on shall, on conviction before a .Tus tice
Ferries. 201
of the Peace, be liable to the same penalties as are provided
in section 15 of this Ordinance.
30. If any person using such ferry refuses to pay the
proper toll or rates chargeable for ferrying himself or his
property, the person holding the license of such ferry may
forthwith seize any property in possession of the offender
thtire being ferried ami hold the same, and on conviction
before a Justice of the Peace, for non-payment as aforesaid,
such offender shall be liable to a tine of fifty dollars, and, in
default of payment, to an imprisonment not . exceeding two,
months ; for the payment of which fine, and the tolls unpaid
and the costs of prosecution, the property so seized shall be
liable for sale under a distress warrant.
2 1 . A return of all ferry licenses granted during the
previous year, with the rates allowed, fees collected or paid,
names of the parties receiving the license, together with the
location and description of the ferry, shall be submitted to
the Legisla^'ive Assembly at its next Session.
202 Marriages
CHAPTER 29.
AN ORDINANCE RESPECTING MARRIAGES.
Title, s. 1.
Who may solemnize maniages, a.
2.
Licenses, ss. 3, 4, 5, 6.
Affidavit, as. 7, 8.
Consent, s 9.
Returns, s. 10.
Witnesses, s. 11.
Fees, s. 12.
Penalties, s. 13.
Exemption, s. 14.
Forms, A, B.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories,
enacts as follows :
1 . This Ordinance may be cited as " The Marriage
Ordinance."
3. The ministers and clergymen of every church and
religious denomination, duly ordained and appointed accord-
ing to the rites and ceremonies of the churches and denom-
inations to which they respectively belong, and resident in
Canada, and having ecclesiastical oversight of any congre-
gation, or part of a congregation, in the Territories, by
virtue of such ordination and appointment, and according
to the rites and usages of their own respective churches
or denominations, and Commissioners appointed for that
purpose by the Lieutepant-Governor, me.j solemnize mar-
riage between any two persons not under a legal disqualifi-
cation to contract marriage.
3. No Marriage Commissioner shall solemnize marriage
unless the parties to the intended marriage produce to him
the license required by section four of this Ordinance ; and
no minister or clergyman shall solemnize marriage, unless a
license is produced as aforesaid ; or unless the intention of
of the two persons, by publication of banns, to intermarry,
has been proclaimed at least once openly on a Sunday in
some public religious assembly ; or unless he has satisfied
himself that there is no legal impediment to the proposed
marriage ; in which latter case such minister or clergyman
Marriages. 203
shall insert in the certificate of marriage hereinafter requir-
ed words to the following effect :
"And I further certify that previous to solemnizing such
marriage I fully satisfied myself that there was no legal
impediment to the said parties intermarrying."
4. Marriage licenses shall be in Form A, at the end of
this Ordinance, and shall be supplied from the office of the
Lieutenant-Governor, to such persons as he may from time
to time appoint, to issue the same to applicants for such
licenses.
5. Every license under the hand and seal of the Lieuten-
ant-Governor .shall be and remain valid, notwithstanding
the Lieutenant-Governor, who signs the same, has ceased to
hold office before the time of its issue.
6. Every issuer of marriage licenses shall sign each license
as the same is issued by him.
T. Before a license is granted by any issuer, one of the
parties to the intended marriage shall personally make an
affidavit before him to the effect of the Form B at the end
of this Ordinance.
8. In case the issuer has knowledge or reason to suspect
that any of the statements in the affidavit of any applicant
for a marriao-e license are not correct, the said issuer shall
require further evidence to his satisfaction before issuing
the license ; and a copy of all such affidavits and evidence
shall be placed on file in his office.
9. The father, if living, of any person under twenty-one
years of age (not being a widower or widow), or if the
father is dead, then the mother of the minor, or if both
parents are dead, then the lawfully appointed guardian or the
acknowledged guardian who may have brought up, or for
three years immediately preceding the intended marriage
supported or protected the minor, shall have authority tq
give consent to such marriage.
10. Every issuer of marriage licenses shall, on the first
days of January and July in each year, make a return to
the Lieutenant-Governor of all licenses issued by him
204 Marriayps
during the preceding six months, with the names of the
parties to whom issued, and shall accompany such return
with the original .. .idavit taken in each instance; and, when-
ever called upw-i, return to the Lieutenant-Governor all
unissued licei. .jS.
' 1 1 . All marriages shall be solemnized in the presence of
two or more credible witnesses, besides the minister, clergy-
man or marriage commissioner performing the ceremony ;
and every person solemnizing a marriage shall register, the
same according to the provisions of the Ordinance respecting
the registration of births, marriages and deaths.
1 3. There shall be payable to every issuer of marriage
licenses, on the issue of each license by him, the sum of
three dollars, of which such issuer shall be entitled to retain
one tlollar as his fee ; the remainder he shall pay over to
the Lieutenant-Governor, to form part of the revenue of
the Territories, with each return made by such issuer.
13. Any person unlawfully issuing a marriage license
supplied from the office of the Lieutenant-Governor, any
issuer of marriage licenses granting a license without first
having obtained the affidavit required by this Ordinance,
and any person solemnizing a marriage contrary to the
provisions of this Ordinance, shall, on conviction before a
Judge of the Supreme Court of the Territories in a summary
way, for every aiwch contravention, forfeit and pay a fine
not exceeding one hundred dollars, and costs of prosecution.
14. No minister, clergyman or marriage commissioner
who solemnizes a marriage in conformity with the provisions
of section two of this (Ordinance, shall be subject to any
action or lialiility for damage.s or otherwise, by reason of
there having been any legal impediment to the marriage,
unless at the time when he performed the ceremony he was
aware of the impediment.
Marriages. 205
Forms rcfer/'ed to in the foreyoing Onlinanci'.
POlill A. (Vide Section i.)
^:AN•ADA. |
North- W est TiTritoriL'S. j" Lieutenant-Governor.
(L. S.) J
Th :sa .no to cevUty th.it A. 13., of and C. U., of
bi i i{^ niiiidi^d, as it ii daid to cuter into the contract of mal'^ia^l.^ and bcini^ de-
sirous of lnviiig iho same duly solo uriizod, the s lid A. B., (ur ■'. b.) has iiiude
O ith tliat he (or sh ) bolieves that thci-e is no affinity, consanguinity, or any other
lawful eaiise o? legal i'opedioient to bir Of hinder the solemnization of the said
marriiigo.
A'ld these ace th TL-f ire to certify that the rcquirctiients in this resp'xt of the
O^diuanuu resy^iting M iniages have been complied with.
Issued at in the North-West Territories, this
day of A . D. 18
Issuer of Licenses.
FORM B. [Vide Section 7.)
I, A. r... I Barhclor {or Widower.)
or Y
, C. U. j SiJinster
make oath and ay us foil iws :
or r
C. U. J SiJinster lor Widow.)
,„_,,„,„, I Soinster {or Widow.)
-1. r. and C. D. (or A. B.) of | Bachelor (or Widower.)
are de^-irous of eitering into the contract of marriage, and of having our mar-
riage dnly solemnized at
2. According to the best of my knowledge and belief there is no affinity, con-
sanguinity, or any other lawful catise or Ugal impediment to bar or hinder
the solemnization of the said marriage.
3. I am 'if the age of years, and the said C. D. (or A. B.)
is of the age of years.
4. {Inc ise one of the -parties is under tjie age of twenty-one years, add]
jj p of is the person whose consent to said mar-
riage is reqni'cd by law. and the said E, F. has formerly consented to the said
marriage.
[Or if both parties are under aifc]
j; y of . and G. H., of are the persona,
whose consent to th'j said marriage is required by law, and the said E. F. and G.
H. have fori-flerly consented to the said marriage.
[Or ifinthe case o^oneofthe minors there is no person whose consent is re
quired by law, add according to the facts.]
206 Marriages.
The father of the said C. D. (or A. B.) ig dead, and the mother of the said
C. D. (or A.B.) l3 dead, and the said C. D. (or A. B.) having no lawfully appointed
or acknowledged guardian, there is no person who has authority to give consent
to the said marriage.
[In case both theparties are minors, and there is no person whose consent is
required by law, add a similar statement concerning the other party, according
to the facts.]
(Signed) A.B.
Or CD.
Sworn before me at in the\
North-West Territories, this
day of A.D. 18
(Signed)
Issuer of Licenses. ,
Joint Stock Compaiiie
207
CHAPTER 30.
AN ORDINANCE RESPECTING THE INCORPORA-
TION OF JOINT-STOCK COMPANIES BY .
LETTERS PATENT.
Title, s. 1.
Interpretation, s. 2.
Letters Patent, ss. 3 to 12, inol.
Supi/lenientiiry Letters Patent, ss.
"13 to 16, incl.
Further powers, ss. 17 to 21, incl.
Increase or Reduction of Capital,
ss. 22 to 28, incl.
Powers, ss. 29, 30.
Capital Stuck, ss. 31 to 33, incl.
Directors, ss. 34 to 40, incl.
Powers tif Directors, as. 41 to 44,
incl
Calls, S3. 45 to 49, incl.
Books, ss. 50 to 54, incl.
Transfer of Shares, ss. 55 to 61,
incl.
Liability of Shareholders, ss. 62 to
65, incl.
Liability of Directors and Officers,
ss. 66 to68, incl.
Domicile — Service of Process, ss.
69 to 75, incl.
General Provisions, ss. 76 to 89,
incl.
Special clauses for Water and Gaa
Companies, ss. 90 to 103, incl.
Proliibitions and Penalties, ss. 104
to 106, incl.
Enforcement of Penalties, s, 107.
Arbitrations, ss. 108 to 111, incl.
Fees, ss. 112, 113.
Forms, A, B, C, D.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territoz-ies, en-
acts as follows :
SHORT TITLE.
1. This Ordinance may be cited as " The Companies'
Ordinance."
INTEBPRETATION .
3. In this Ordinance, and in all Letters Patent and Sup-
plementary Letters Patent issued under it, unless the con-
text otherwise requires :
(1.) The expression, " The Company," means the Company
incorporated by Letters Patent under this Ordinance ;
208 JoihL Stock Companies.
(2.) The expression, "the undertaking," means the business
oi every kind which the Company is authorized to carry on;
(3.) The expression, "real estate," or " land," includes mes-
sua-i'es, hinds, tenements and hereditaments of any tenure,
anil all immovable pi-operty of any kind ;
(i.) The expression, " iSharcholder," means every sub-
scrilicr to or holder of stock in the Compyny, and includes
the (lersonal representatives ot Jae Shareholder ;
(5.) The word '" President," whenever it occurs in the said
Ordinance, shall include " Chairman."
LETTERS PATENT .
II. The Lieutenant-Governor may, by Letters Patent un-
der the Seal of the Territories, grant a Cliarter to any num-
ber of persons, not less than three, who petition therefor,
constituting such pej-sons and others, who thereafter become
Shareholders in the Company thereby created, a body cor-
porate and politic, for any of the purposes or objects to
which the legislative authority of the Legislative Assembly
of the Territories extends,
4. The applicants for such Letters Patent must advertise,
by notice published at least once in the OfEeial Gazette of
the Tei'ritories, and in three consecutive weekly issues of
any newspaper published at or nearest the place which is to
be the chief business place of the Company, their intention
to apply for the same, stating in such notice :
(1.) The proposed corporate name of the Company, which ^
shall not be that of any other known Company, incorporated
or unincorporated, or any name .liable to be unfairly con-
founded therewith, or otherwise, on public grounds objec-
tionable ;
(2.) The object for which the incorporation is sought ;
(3.) The place within the Territories, which is to be its
chief place of business ;
(4.) The proposed amount of its capital stock ;
(5.) The number of shai-es, and the amount of each share;
(6.) The names in full and the address and calling of each
of the applicants, with special mention of the names of not
less than three, nor more than nine, of their number who are
to be the first or provisional Directors of the Company the
majority of whom shall be residents of Canada.
Joint Stock Companies. 209
5. At; any tisna, uoh more than two months after the last
pu61ication of sueh notice, the applicants may petition the
Lieutenant-Governor for the issue of such Letters Patent.
<». Such petition shall set forth :
(1.) The facts contained in the notice ;
(2.) The amount of stock taken by each applicant, and
the amount paid in upon the stock of each applicant, as also
the manner in which the same has been paid in, and Is
heliA for the Company. .
1. The aggregate of the stock so taken shall be at le,ist
the one half of the total amount of the proposed capital
stock of the Company.
8. The aggregate paid in on the aggregate stock so taken
shall be at least ten per cent., and shall be paid in to the
credit of the Company, or trustees therefor, and shall be
standing at such credit in some chartered Hank of Canada,
unless the object of the Company is one requiring that it
should own real estate, in which case such aggregate may
be taken as paid in if it is bona fide invested in real estate,
suitable to such object, which is duly held by Trustees for
the Company, and is of the required value, over and above
all incumbrances thereon.
9. The petition may ask for the embodying in the Letter^
Patent of any provision which otherwise under the provis-
ions hereof might be embodied in any by-law of the Com-
pany when incorporated ; and such provision so embodied
shall not, unless provision to the contrary is made in th«
Letters Patent, be subject to repeal or alteration by by-
law.
iO. Before the Letters Patent are issued, the applicants
must establish to the satisfaction of the Lieutenant-Governor
the sufficiency of their notice and petition, and the truth and
sufficiency of the facts therein set forth, and that the pro-
posed name is not the name of any other known incorporated
or unincorporated Company, and to that end the Lieutena,ni-
Govemor shall take and keep of record any requisite eVi-
210 Joint Stock Companies.
dence in writing under oath, affirmation or solemn declara-
tion.
9 1. The Letters Patent shall I'ecite all the material. aver-
ments of the notice and petition as so established.
1 2. The Lieutenant-Governor may gi-^e to the company
a JEorporate name, different from that proposed by the appli-
cants, in their published notice, if the proposed name is
objectionable.
SUPPLEMENTARY LETTERS PATENT.
13. If it is made to appear to the satisfaction of the
Lieutenant-Governor, that the name of any company
(whether given by the original or by supplementary Letters
Patent, or on amalgamation)incorporated under this Ordin-
ance, is the same as the name of an existing incorporated
or unincorporated company, or so similar thereto as to be
liable to be confounded therewith, the Lieutenant-Governor
may direct the issue of a supplementary Letters Patent,
reciting the former Letters and changing the name of the
company to some other name, which shall be set forth in the
supplementary Letters Patent.
i 4. When a company incorporated under this Ordinance
is desirous of adopting another name, the Lieutenant-Gover-
nor, upon being satisfied that the change desired is not for
any improper purpose, may direct the issue of supplementary
Letters Patent, reciting the former Letters Patent, and
dianging the name of the company to some other name,
which shall be set forth in the supplementary Letters
Patent.
1 5. No alteration of its name under the two sections
next preceding shall affect the rights or obligations of the
tompany, and all proceedings may be continued or com-
menced by or against the company under its new name that
might have been continued or commenced by or against the
tompany under its former name.
IC Notice of the granting of every original and supple-
mentary Letters Patent, under the provisions of this Ordin-
MB«fe,.shall be forthwith given in the Official .Gazette of the
Joint Stock Companies. 211
Territories in the form of schedule A or B, as the case may-
be, appended to this Ordinance, and thereupon from the date
of the Letters Patent, the persons therein named, and their
successors, shall be a body corporate and politic by the name
mentioned therein.
OBTAINI.VQ OF FLTRTHEE POWERS.
IT. The Company may, from time to time, by a resolu-
tion passed by the votes of shareholders representing at least
two-thirds in value of the subscribed stock of the company,
at a special general meeting called for the purpose, authorize
the Directors to apply for supplementary Letters Patent,
extending the powers of the Company to such other pur-
poses or objects, within the province of this Ordinance, as
may be defined in the resolution.
1 8. The Directors may, at any ticae within six months
after the passing of any such resolution, jpetition the Lieu-
tenant-Governor for the issue of such supplementary Letters
Patent.
19. The applicants for such supplementary Letters
Patent shall give in at least one issue of the Official Gazette
of the Territories, and one issue of a local newspaper pub-
lished at or nearest the chief place of business of the Com-
pany, notice of their intention to apply for the same, stating
therein the purposes or objects to which it is desired to ex-
tend the powers of the Company.
30. Before such supplementary Letters Patent are issued,
the applicants* shall establish to the satisfaction of the
Lieutenant-Governor, the due passing of the resolution
authorizing the application, and the sufficiency of their
notice and petition ; and for that purpose the Lieutenant-
Governor shall cause to be taken and kept of record any
> requisite evidence in writing, by oath or affirmation, or by
solemn declaration.
3 1 . Upon due proof so made, the Lieutenant-Governor
may grant supplementary Letters Patent under the seal of
the Territories, extending the powers of the company to
all or any of the objects defined in the resolution ; and
notice thereof snail be forthwith given by the Lieutenant-
Governor in the Official Gazette of the Territories, in the
212 Joint Stock Currvpanies.
Form C in the Schedule to this Ordinance, and thereupon,
from the date of the supplementary Letters Patent, the
undertaking of the company shall extend to and include the
other purposes or objects set (jut in the supplementary Let-
ters Patent as fuJly as if such other purposes or objects were
mentioned in the original Letters Patent ; and a copy of
every such notice shall forthwith be, by the company to
which the notice relates, inserted in at least foui' sepaiate
issues of the newspaper publislied neaiest to where the head
oiEce or chief agency is established.
INCREASE OR REDUCTION OF CAPITAL, tTC.
22. The directors of the company may, at any time, make
a by-law sub-dividing the existing shares into shares of a
smaller amount.
23. The directors of the company may, at anytime after
the whole capital stock of the company has been taken up
and fifty per cent, tl.oeof paid in, make a by-law for in-
creaainji- the capital .stock of the companj' to any amount
which they consider requisite for the due carrying out of
thi' objects of the company.
24. Such by-law shall declare the number of the shares
of the new stock, and may prescrilje the manner in which
the same shall be allotted : and in default of its io doing,
the control of such allotment shall vest absolutely in the
directors.
25. The directors of the company may, "at any time,
make a by-law for reducing the capital stock of the com-
pany to any amount which they consider advisable and suf-
ficient for the due carrying out of the undertaking of the
company: but the capital stock of a loan company shall never
be reduced to less than twenty-five thousand dollars.
(2.) Such by-law shall declare the number and value of
the shares of the stoclc as so reduced, and the allotment
thereof, or the manner in which the same shall be made ;
(3.) The liability of shareholders to persons who were, at
the time of the reduction of the capital, creditors of the
company, shall remain the same as if the capital had not
been reduced.
Joint Stock Companies. 213
?J6. No by-law for increasing or reducing the capital
stock of the company, or for sub-dividing the shares, shall
have any force or effect whatsoever, until it is approved by
the votes of shareholders, representing at least two-thirds
in value of all the subscribed stock of the company, at a
special general meeting of the company, duly called for
considering the same, and afterwards confirmed by supple-
mentary Letters Patent.
'i7. At any time not more than six months after such
sanction of such by-law, the directors may petition the
Lieutenant Governor for the issue of supplementary Letters
Patent to confirm the same ;
(2.) The directors shall, with such petition, produce a copy
of such by-law, under the seal of the company, and signed
by the president, vice-president or secretary, and establish
to the satisfaction of the Lieutenant-Governor the due pa^s-
sage and approval of such by-law, and the expediency and
bona fide character of the increase or reduction of capital or
subdivision of shares, as the case may be, thereby provided
for;
(3.) The Lieutananfc-Goveraor shall, for that purpose^
cause to be taken and kept of record, any requi'^ite evidence
in writing by oath or affirmation, or by solemn declaration
as above mentioned.
38. Upon due proof so made, the Lieutenant-Governor
may grant such supplementary Letters Patent, under the
Seal of the Territories ; and notice thereof shall be forth-
with given .by the Lieutenant-Go \'ernor, in the Ofiicial
Gazette of the Territories, in the Form D in the Schedule to
this Ordinance ; and thereupon, from the date of the sup-
plementary Letters Patent, the capital stock of the com-
pany shall be and remain increased or reduced, or the shares
shall be sub-divided, «,s the case may be, to the amount, in
the manner and subject to the conditions set forth by such
by-law ; and the whole of the stock, as so increased or re-
duced, shall become subject to the provisions of this Or-
dinance in like manner, as far as possible, as if every part ^
thereof had been or formed part of the stock of the company
originally subscribed.
POWERS OF THE COMPANY.
39. All powers given to the company by the Letters
'214 ' Joint ^toch Companies,
Patent or supplementary Letters , P^-tent, shall be exercised^
subject to the provisions and restrictions contained in this
Ordinance.. . .
30. Every company incorporated under this Ordinance,
may acquire, hold, sell and convey any real estate requisite
foi' the carrying on of the undertaking of such company,
and shall forthwith become and be invested with all property
and rights, real and personal, theretofore held by or for it
under any trust created with a view to its incorporation, and
with all the powers, privileges and immunities requisite , or
incidental to the carrying on of its undertaking, as if it was
incorporated by a special Ordinance, embodying the pro-
visions hereof and of the Letters Patent.
CAPITAL STOCK.
31. The stock of the company shall be personal estate,
and shall be transferable, in such manner, and subject to all
such conditions and restrictions as are prescribed by this
Ordinance, or by the Letters Patent or by by-laws of the
Company.
33. If the Letters Patent or the supplementary Letters
Patent, make no other definite provision, the stock of the
company, or any increased amount thereof, so far as it is
Hot allotted thereby, shall be allotted at such times and in
such manner as the directors prescribe by by-law
3Jf . Every share in the company shall, subject to the pro-
visions of Section Eight of this Ordinance, be deemed to
have bfeen issued and to be held subject to the payment of
the whole amount thereof in cash, unless the same has been
otherwise agreed upon or determined 'by a contract duly
made in writing and filed with the Lieutenant-Governor, at
or before the issue of such share.
, DIRECTORS.
I
34. The affairs of the company shall be managed by a
Board of not more than nine, and not less than three
directors.
Joivf Stock Govipanies. ^ 21 S
ti% The persons named as such in the Letters Pateut,
shall be the directors of the company, until replaced by
others duly appointed ^n their stead.
36. No person shall be elected or appointed as a director'
thereafter unless he is a shareholder, owning stock absolute- '
ly in his own right, and to the amount required by the by-
laws of the company, and not in arrear in respect of any ■
call thereon : and at all times the majority of the directors
of the company shall be persons resident in Canada.
37. The company may, by by-law, increase to not mor«
than fifteen, or decrease to not less than three, the number'
of its directors, or may change the company's chief place of
business in the Territories ; liut no by-law for either of the
said purposes shall be valid or acted upon unless it is ap-
proved by a vote of at least two-thirds in value of the stock
represented by the shareholders present at a special general
meeting duly called for considering the by-law ; nor until a
copy of such by-law, certified under the seal of the com-
pany, has been deposited with the Lieutenant-Governor,
and has also been published in the Official Gazette of the
Territories.
, 38. Directors of the company shall be elected by the
shareholders, in general meeting of the company assembled,
in some place within the Territories, at such time, in suck
manner, and for such term, not exceeding two years, as the
Letters Patent, or, in default thereof, as the by-laws of the
company prescribe.
39. In the absence of other provisions in such behalf, ia
the Letters Patent or by-laws of the company :
(a.) The election of directors shall take place yearly, an*
all the directors then in office shall retire, but if otherwi-se
qualified, they shall be eligible for re-election ;
(b.) Notice of the time and place for holding general
meetings of the company shall be given at least twenty- one
days previously thereto, in some. newspaper published in the
place where the head office or chief place of business of the
company is situate, or, if there is no such newspaper, thea
in the place nearest thereto, in which a newspaper is pub-
lished ;
(c.) At all general meetings of th'-, company, every share-
816 Joint Stock Companies.
liolder shall be entitled to give one vote for each share then
held by him; such votes may be given in person or by
proxy, — the holder of i nj' .such proxy being himself a share-
holder : but no shareholde)- shall be entitled, either in person
or by proxy, to vote at any meeting, unless he has paid all
the calls then payable upon all the shares held by him. All
questions proposed i'of the consideration of the shareholders
shall he determined Viy the majority of votes, the chairman
presiding at such meeting having the casting vote in ease of
pn equality of ^■oteR ;
(d.) Eveiy eliction of directors shall be by ballot;
(('.) Vi cancies occurring in the board of directors may he
filled, for the remainder of the term, by the directors, from
among the qualified shtireholders of the company;
(/.) The directors shall, from time to time, elect from
among themselves a President, and, if they see fit, a Vice
President of the company, and may also appoint all other
oflBcei.s thereof.
40. If, ali any time, an election of diiectors is not made,
or does not take efiect at the proper time, the company
shall r.ot be held to be thereby dissolved ; but no such elec-
tion n)ay take place at any subsequent general meeting of
the company dulj? called for that purpose : and the retir-
ing directors shall continue in [off ce until their successors
are elected.
POWEES OF DIEECTOBe.
41. Tie directors of the company may administer the
affairs of the company in all things, and'make or cause to
fee made for the company, any desciiption of contract
which the company may, by Law, enter into; and may,
ftrom time to time, make by-laws, not contrary to Law, or to
the Letters Patent of the company, or to tliis Ordinance,
for the following purposes :
_(«.) The regulation of the allotment of stock, the making
tf calls thereon, the payment thereof, the issue and regis-
tration of certificates of stock, the forfeiture pf stock for
non-payment, the disposal of forfeited stock and of the
proceeds thereof, and the transfer of stock;
ib.) The declaration and payment of dividends ;
(c.) The number of the directors, their term of service,
the amount of their stock qualification, and their remuner-
ation, if an^' ;
Joint Stock Gompanies. 217
(d.) The appointment, functions, duties and removal o£ all
agents, officers and servants of the company, the security
to be given by them to the company, and their remunera-
tion;
(e.) The time and place for the holding of the annual
meetings of the company, the calling of meetings, regular
and special, of the board of directors and of the company,
the quorum, the requirements as to proxies, and the proce-
dure in all things at such meetings ;
_(/.) The imposition and recoveiy of all penalties and for-
feitures, which admit of regulation by by-law ;
{g.) The conduct, in all other particulars, of the affairs of
the company ;
And the directors may, from time to time, repeal, amend or
re-enact the same ; but every such by-law, and every repeal,
amendment, or re-enactment thereof, unless in the meantime
confirmed at a general meeting of the company, duly called
. for that purpose, shall only have force until the next annual
meeting of the company, and in default of contirmation
thereat, shall, at and from that time only, cease to have
force.
43. No by-law for the issue, allotment or sale of any
portion of the unissued stock at any greater discount or at
any less premium than that which has been previously
authorized at a general meeting, and no by-law for the re-
muneration of the president or any director, shall be valid
or acted upon until the same has been confirmed at a general
meeting.
43. The directors may deduct from the dividends pay-
able to any shareholder, all such sums of money as are due
from him to the company on account of calls or otherwise.
44. The directors may, when authorized by a by-law for
that purpose, passed and approved of by the votes of share-
holders, representing at least two-thirds in value of the sub-
scribed stock of the Company represented at a special gen-
eral meeting duly called for considering the by-law ;
(a.) Borrow money upon the credit of the Company, and
issue bonds, debentures or other securities for any sums
borrowed at such prices as are deemed necessary or expedi-
ent; but no debentures shall be for a less sum thnn one
hundred dollars ; hypothecate or pledge the real or personal
218 Joint Stock Companies.
property o£ the Company, to secure any sums borrowed by
the Company ; but the amount borrowed shall not, at any
time, be greater than seventy-five per cent, of the actual
paid-up stock of the Company, but' the limitation made by
this section shall not apply to commercial paper discounted
by the Company,
C!ALLS.
45. The dii-ectors may, from time to time, make such
calls upon the shareholders in respect of all moneyS' unpaid
upon their respective shares, as they think tit, at .such times
and places, and in such payments or instalments as the Let-
ters Patent, or this Ordinance, or the by-la^'s of the Comp-
any require or allow.
46. A call shall be deemed to have been made at the time
when the resohition of the directors authorizing such call
was passed ; and if a shareholder' fails to pay any call due-
by him, on or before the day appointed for the payment
thereof, he shall be liable to pay interest for the same, at
the rate of six per cent, per annum, from the day appointed
for payment to the time of actual payment thereof.
41'. The directors may, if they think lit, receive from any
shareholder willing to advance the same, all or any part of
the amounts due on the shares held by such shareholder,
beyond the .sums then actually called for ; and upon the_
moneys so paid in advance, or so much thereof as, from time
to time, exceeds the amount of the calls then made upon the
shares in respect of which such advance is made, the Com-
pany may pay interest at such rate, not exceeding eight per
cent, per annum, as the shai-eholder, who pays such sum in-
advance, and the directors agree upon.
48. If, after such demand or notice as is prescribed by
the Letters Patent oi- hy the by-laws of the Company, any
call made upon any share is not paid within such time, as,
by such Letters Patent or by the by-laws, is limited in that
behalf, the directors in their discretion, by vote to that eflect
duly recorded in their minutes, may summarily declare for-
feited any shares whereupon such payment is not made; and
the same shall tliereupon become the property of the Com-
pany, and may be disposed of as, by the by-laws of the
Company or otherwise, they prescribe ; but, notAvithstanding
Joint tifock Companies. 219
such forfeiture, the holder of sucli shares at the time of
forfeiture shall continue liable to the then creditors of the
Company tor the full amount unpaid on wuch shares at the
tune of forfeiture, loss any sums which are subsequently
received by the Company in respect thereof.
49. The dii-ectors may, if they see fit, instead of declar-
ing forfeited any' share or shares, enforce payment of all
calls and interest thei-eon.by action in any Court of competent
jurisdiction ; and in such action it .shall not be necessary to
set forth the special matter, but it shall be sufficient to' de-
clare tliafc the defendant is a holiler of one share or more,
stating the number of shares, and is indebted in the sum of
monej- to which the calls in arrear amount in respect of one
call or more, upon one share or more, stating the number of
calls and the amount of each call, whereb}- an action has
acci-ued to the Company under this Ordinance ; and a cer-
tificate under their seal, and purporting to be signed by any
officer of the Company, to the ettect that the defendant is a
shareholder, that such call or calls has or have been made,
and that so much is due by him and unpaid thereon, shall
be received in all courts as prima facie evidence thereof.
BOOK.S OF THE COMP.ANY.
50. The Company shall cause a book or books to be kept
by the secretary, or by some other officer specially charged
with that duty, wherein shall be kept recorded :
(a.) A copy of the Lettei's Patent incorporating the
Company, and of any supplementary Letters Patent, and of
all by-laws thei-eof ;
(h.) The names, alphabetically arranged, of all persons
who are or have been shareholders ;
(c.) The address and calling of evei-y such person, while
such .shareholder ;
{(i.) The number of shares of stock held by each share-
holder ;
(e.) The amount paid in and remaining unpaid, respective-
ly, on the stock of each shareholder :
(/) The names, addresses and calling of a 1 persons who
are or have been directors of the Company, with the several
dates at which each became or ceased to be such director ;
{g.) A book called the register of transfers shall be pro-
220 Joint Stock Companies.
vided, and in such book shall be entered the particulars of
every transfer of shares in the capital of the Company.
51. Such books shall, during reasonable business hours of
every day, exci'pt Sundays and holidays, be kept open for
the inspection of shareholders and creditors of the Company
and their personal representatives, at the head office or chief
place of business of the Company, and every such share-
holder, creditor, or personal representative may make ex-
tracts therefrom.
53. Every director, officer or servant of the iCompany,
who knowingly makes, or assists in making any untrue entry
in any such book, or who refuses, or wilfully neglects to
make any proper entry therein, or to exhibit the same, or
to allow the same to be inspected and extracts to be taken
therefrom, shall be liable on conviction summarily before a
Judge exercising criminal jurisdiction in the Territories, to
a tine not exceeding live hundred dollars.
53. Every Company, which neglects to keep such book
or books as aforesaid, sliall forfeit its corporate rights.
54. Such books shall be prima facie evidence of all facts
purporting to be thereby stated, in any action, suit or pro-
ceeding against the Company or against any shareholder.
TRANSFER OF SHARES.
55. No transfer of shares, unless made by sale under
execution or under the decree, order or judgment of a Court
of competent jurisdiction, shall be valid for any purpose
whatever, until entry thereof is duly made in the register of
transfei-s, except for the purpose of exhibiting the rights of
the parties thereto towards each other, and of rendering the
transferee liable, in the meantime jointly and severally,
with the tran-sferor, to the Company and its creditors.
56. No transfer of shares, whereof the whole amount has
not been paid in, shall be made without the consent of the
directors ; and whenever any transfer of shares not fully
paid in has been made with such consent to a person, who
is not apparently of sufficient means to fully pay up such
shares, the directors shall be jointly and severally liable to
Joint Stock Companies, 221
the creditors of tlie Company, in the same manner and to
the same extent, as the transferring .shareholder, but for
such transfer, would liave been; bat if <i.ny director present
when any such transfei- is a*lloweil does forthwith, or if any
director then absent does, within twenty-four hours after he
becomes aware thereof, and is able so to do, enter on the
minute book of the board of directors his protest against
the same, and within eiglit days thereafter publishes such pro-
test in at least one newspaper published at the place, in
which the head office or chief place of business of the Com-
pany is situated, or if there is no newspaper there published,
then in the newspaper published nearest thereto ; such direc-
tor may thereby, and not otherwise, exonerate himself from
such liability.
5T. Whenever the interest in any shares of the capital
stock of the Company is transmitted by the death of any
shareholder or otherwise, or whenever the ownership of or
legal right of possession in any sliare changes by anj' lawful
means, other than by transfer according to the provisions of
this Ordinance, and the direclors of the Company entertain
reasonable doubts as to the legality of any claim to such
shares, the Company may make and tile in the Supreme
Court of the district in which the head office of the Company
is situated, a declaration and petition in writing, addressed
to the Judge of the Court, setting forth the facts and the
number of shares previou.sly belonging to the person, in
whose name such .shares stand in the books of the Company,
and praying for an order or judgment adjudicating and
awarding the said shares to the person or persons legally
entitled to the same, by which order or judgn)ent the Com-
pany shall be guided and held fully harmless and indemnified
and released from every other claim to the said shares or
arising in respect thereof.
58. Notice of the intention to present such petition shall
be given to the person claiming such shares, or to the advo-
cate of such person duly authorized for the purpose, who
shall, upon the filing of such petition, establish his right to
the shares referred to in such petition ; and the time to
plead, and all other proceedings in such cases shall be the
same as those observed in analagous cases before the said
Supreme Court ; pi-ovided, always, that the costs and ex-
penses of procuring such order or judgment shall be paid by
222 Joint Stock Companies.
the person or persons to whom such shares are declared law-
fully to belong ; and that such shares shall not be trans-
ferred in the books of the Company, until such costs and
expenses are paid, saving the recourse of such person against
any person contesting his right to such share?^.
59. No share shall be transferable, until all previous calls
thereon are fully paid in.
6©. The directors may decline to register any transfer of
shares belonging to any shareholder, who is indebted to the
Company.
61. Any transfer of the shares or other interest of a de-
ceased shareholder, made by his personal representative,
shall, notwithstanding such personal representative is not
himself a shareholder, l>e of the same validity as if he had
been a shareholder at the time of his execution of the in-
■ strument of transfer.
LIABILITY OF SHAREHOLDERS.
03. The shareholders of the Company, shall not, as such,
be responsible for any act, default or liability of the Com-
pany, or for any engagement, claim, payment, loss, injury,
transaction, matter or thing, relating to or connected with
the Company, beyoml the amount unpaid on their respective
shares in the capital stock thereof.
<»3. Every shareholder, until the whole amount of his
shares has been paid up, shall be. individually liable to the
creditors of the Company, to an amount equal to that not
paid up thereon ; but he sliall not be liable to an action
therefor by any creditor, until an execution at the suit of
suuh creditor, against the Company, has been returned, un-
satisfied in whole or in part ; and the amount due on such
execution, not exceeding the amount unp"^d on his shares,
as aforesaid, shall be the amount recove. ; ile,. with costs,
from such shareholder ; and any amount so recoverable, if
paid by the shareholder, shall be considered as paid on his
shares.
64. No person, holding stock in the Company as an ex-
ecutor, admistrator, tutor, curator, guardian, or trustee.
Joint Stock CoTnpanies. 2'2S
shall be personally subject to liability as a shareholder; but
the estate and funds in the hands of such person shall be
liable in like manner, and to the same extent, as the testator
or intestate, or the minor, ward or interdicted person, or the
person interested in such trust fund would be, if living and
competent to act, and holding such stock in his own name ;
and no person holding such stock as collateral security .-hall
be personally subject to such liability ; but the person
pledging .■iuch stock shall be considered as holding the same
and shall be liable as a shareholder accordingly.
65. Every such executor, administrator, curator, guardian
or trustee, shall represent • the stock held by him at all
meetings of the Company, and may vote as a shareholder ;
and every person who pledges his stock . may represent the
same at all such meetings, and, notwithstanding such pledge,
vote as a shareholder.
LIABILITY OF DIRECTORS AND OFFICERS.
66. If the directors of the Company declare and pay any
dividend, when the Company is insolvent, or any dividend,
the payment of which renders the Company insolvent, or
impairs the capital stock thereof, they shall be jointly and
severally liable, as well to the Company as to the individual
shareholders and creditors thereof, for all the debts of the
Company then existing, and for all thereafter contracted
during their continuance in office respectively ; but if any
director present when such dividend is declared, does forth-
with, or if any director then absent does, within twenty-four
hours after he becomes aware thereof, and able to do so, enter
on the minutes of the board of directors his protest against
the same, and within eight days thereafter publishes such
protest in at least one newspaper published at the place in
which the head office or chief place of business of the Com-
pany is .situated, or if there is no newspaper there published,
then in the newspaper published nearest thereto, such direc-
tor may thereby, and not otherwise, exonerate himself from
such liability.
61. No loan shall be made by the Company to any share-
holder ; if such loan is made, all directors and other officers
of the Company making the same, or in anywise assenting
thereto, shall be jointly and severally liable for the amount
224 Joint Stock Companies.
of such loan, with interest, to the Company, and also to the
creditors of the Company for all debts of the Company then
existing, or contracted between the time of the making of
such loan and that of the repayment thereof.
tt8. The directors of the Company shall be jointly and
severally liable to the clerks, laborers, servantw and appren-
tices thereof, for all debts n.it exceeding six months wages,
due for services performed tu.- the Company, whilst thej are
such directors respectively ; bat no director shall be liable
to an action therefor unless the -.ompany is sued therefor
within one year after the debt becomes due, nor unless such
director is sued therefor within • one year from the time
when he ceased to be such director, nor unless an execution
against the Company in respect of such debt is returned •
unsatisfied in whole or in part ; and the amount unsatisfied
on sucli execution shall be the amount recoverable, with
costs, from the directors.
DOMICILE. — SERVICE OF PROCESS, ETC.
&9. The Company shall, at all times, have an bfEce in the
place where its chief place of business is situate, which shall
be the legal domicile of the Company in the Territories, and
notice of the situation of such office, and of any change
thereof, shall be published in the Official Gazette of the
Territories ; and the Company may establish such other
offices and agencies elsewhere in the said Territories, as it
deems expedient.
TO. Any summons, notice, order or proceeding, requiring
authentication by the Company, may be signed by any
director, manager or authorized oificer of the Company, and
need not be under the seal of the Company.
11. Notices to be served by the Company upon the
shareholders may be served either personally or by sending
them through the post in registered letters, addressed to the
shareholders at their places of abode, as they appear in the
books of the Company.
T3. A notice or other document served by post by the
Company on a shareholder, shall be held to be served at the
time, when the registered letter containirigit would be
Joint Stock GQnij)anie8. 225
delivered in the ordinary course of post; and to j)rov(j the
fact and time of service, it shall be sufficient to prove, that
such letter was properly addressed and registered, and was
put into the Post Office, and the time when it was put in,
and the time requisite for its deli\'ery in the ordinary course
of post.
13. A copy of any by-law of tl.e Company, under its seal
and purporting to be signed by any officer of the Company,
shall be received as against any shareholder of the Company
as primn facie evidence of such by-law in all Courts in the
Territories.
14. Any description of action may be prosecuted and
maintained between the Company and any shareholder
thereof ; and no shareholder shall, by reason of being a
shareholder, be incompetent as a witness therein.
75. In any action or other legal proceeding, it shall not
be requisite to set forth the mode of incorporation of the
Company, otherwise tlian by mention of it under its cor-
porate name, as incorporated by virtue of Letters Patent, 'or
by Letters Patent and supplementary Letters Patent, as the
case may be, under this Ordinance ; and the notice in the
Official Gazette of the Territories, of the issue of such Letters
Patent or supplementary Letters Patent, shall be prima ff^eie
proof of all things therein contained ; and on production o£
the Letters Patent or supplementaryLettersPatent, orof any
exemplitication or copy thereof under the seal of the Teni-
tories, the fact of such notice shall be presumed ; and except
in any proceeding for the purpose of rescinding or annulling
the same, the Letters Patent or supplementary Letters PatenC
or any exemplification or copy thereof under the seal of th«
Territories, shall be conclusive proof of eve)y matter and
thing therein set forth.
GENERAL PROVISIONS.
TC The Company may have an agency or agencies in
any city or town outside the Territories.
T7. No dividend shall be declared which will impair the
capital of the Company.
226 Joint Stock Companies.
TfS. Shareholders who hold one-fourth part in value of
ttie sulncribed stock of the Company, may, at any time, call
a special meeting thereof for the transaction of any business
apecitied in such written requisition and notice as they
Biake and issue to that effect.
T9. Fivery deed which any person, lawfully empowered
in that behalf by the Company as its attorney, signs on
behalf of the Company, and seals with his seal, shall be
binding on the Company, and shall have the same effect as
if it was under the seal of the Company.
80. Every contract, agreement, engagement or bargain
made, and every bill of exchange drawn, accepted or
indorsed, and every promissory note and cheque made, drawn
or ij^dorsed on behalf of the Company, by any agent, officer
or servant of the Company, in general accordance with his
powers as such under the by-laws of the Company, shall be
binding upon the Company ; and in no case shall it be
accessary to have the seal of the Company affixed to any
sucli contract, agreement, engagement, bargain, bill ef
exchange, promissory note or cheque, or to prove that the
same was made, drawn, accepted or indorsed, as the case
miay 1 le, in pursuance of any by-law or special vote or order;
and the person so acting as agent, officer or servant of the
Company shall not be thereby subjected individually to any
lia.bility whatsoever to any third person therefor : Provided
always, that nothing in this Ordinance shall be construed
to authorize the Company to issue any note payable to the
bearer thereof, or any promissory note intended to be circu-
lated as monej', or as the note of a bank, or to engage in the
business of bankino- or insurance.
O
81. Proof of any matter which is necessary to be made
under this Ordinance may be made by oath or affirmation,
,«r by solemn declaration, before any Justice of the Peace
•r any Commissioner for taking affidavits, to be used in any
of the Courts in any of the Provinces of Canada, or any
Notary Public, who are hereby authorized and empowered
to administer oaths and receive affidavits and declarations
for that purpose.
82 The provisions of this Ordinance, relating to matters
preliminary to the issue of the Letters Patent, or supple-
mentary Letters Patent, shall be deemed directory only,
mid no Letters Patent or supplementary Letters Patent, is-
sued under this Ordinance, shall be held void or voidable, oh
Joint Stock Companies. 227
account of any irregularity in any notice prescribed by this
Ordinance, or on account of the insufficiency or absence of
any such notice, or on account of any irregularity in respect
of any other matter preliminary to the issue of the Letters
Patent or supplementary Letters Patent.
83. The Company shall keep painted, or affixed, its name
with the word " limited " after the name on the outside of
every office or place, in which the business of the Company
IS carried on, in a conspicuous position, in letters easily
legible, and shall have its name, with the said word after it,
engraven in legible characters on its seal, and shall have its
name, with the said word after it, mentioned in legible
characters in all notices, advertisements and other official
publications of the Company, and in all bills of exchange,
promissory notes, indorsements, cheques, and orders for
money or goods, purporting to be signed by or on behalf of
such Company, and in all bills of parcels, invoices and
receipts of the Company :
(2.) Every Companj' which does not keep painted or
affixed its name, with the word " limited " after itin manner
directed by this Ordinance, shall incur a penalty of twenty
dollars for every day during which such name is not so
kept painted or affixed ;
(3.) Every director and manager of the Company, who
knowingly and wilfully authorizes or permits such default
shall be liable to the like penalty ;
(4.) Every director, manager or officer of the Company,
and every person on its behalf, who uses, or authorizes the
use of any seal purporting to be a seal of the Company,
whereon its name, with the word "limited" after it, is not so
engraven as aforesaid, or who issues or authorizes the issue
of any notice, advertisement or other official publication of
such Compam-, or who signs, or authorizes to be signed on
behalf of such Company, any bill of exchange, promissory
note, indorsement, cheque, order for money or goods, or who
issues or authorizes to be issued, any bill of parcels, invoice
or receipt of the Company, wherein its name, with the said
word after it, is not mentioned in manner aforesaid, shall
incur a penalty of two hundred dollars, -and shall also be
personally liable to the holder of any such bill of exchange,
promissory note, cheque, or order for money or goods, for
the amount thereof, unless the same is duly paid by the
Company.
228 Joint Stock Comfxonies.
&4> Every prospectus of the Company, and every notice
inviting persons to subscribe for sliares in the Company,
shall specify the dates and the names of the persons to aiiy
contract entered into by the Company, or the promoters, di-
rectors or trustees thereof, before the issue of such prospec-
tus or notice, whether subject to adoption by the directors
of the Company or otherwise ; and every prospectus or notice
which docs not specify the same shall, with respect to any
person who takes shares in the Company on the faith of
such prospectus or notice, and who has not had notice of
such contract, be deemed fraudulent on the part of the pro-
moters, directors and oi3ficei'S of the Company, who know-
ingly issue such prospectus or notice.
85. The Company shall not be bound to see to the exe-
cution of any trust, whether express, implied or constructive
in respect to any share ; and the receipt of tiie shareholder
in whose name the same stands in the books of the Com-
pany, shall be a valid and binding discharge to the Company
for any dividend i>r money payable in respect of such share,
and whether or not notice of such trust has been given to
the Company ; and the Company shall not be bound to see
to the application of the money paid upon such receipt.
8^0 Every director of the Company, and his heirs, execu-
tors and administrators, estate and effects, respectively, may
with the consent of the Company, given at any general
meeting thereof, from time to time, and at all times be in-
demnified and sa\ed harmless out of the funds of the Com-
pany, from and against all costs, charges and expenses
whatsoever which he sustains or incurs in or about any
action, suit or proceeding which is brought, commenced or
prosecuted against him, for or in respect of any act, deed,
matter or thing whatsoever, made, done or permitted by him,
in or about the execution of the duties of his office ; and also
from and against all other costs, charges and expenses
which he sustains or incurs, in or about, or in relation to
the affairs thereof, except such costs, charges or fexpenses as
are occasioned by his own wilful neglect or default.
81. The charter of the Company shall be forfeited by
non-use during three consecutive years, or if the Company
does not go into actual operation within three years after it
is granted.
Joint Stock Cmnjjanies. 229
88. The Directors of every Company shall lay before, its
shareholders a full printed statement of the affairs and
financial position of the Company at or before each general
meeting of the Company for the election of directors.
89. No steps shall be taken by the Lieutenant-Governor
towards the issue of any Letters Patent or supplementary
Letters Patent, under this Ordinance, until after all fees
therefor are duly paid.
SPECIAL CLAUSES FOR JOIN'T STOCK WATER AND GAS
COMPANIES.
9®. In addition to the general provisions of this Ordin-
ance, the provisions contained in the twenty-seven sections
next following. shall apply to Gas and Water Companies,
and to them only.
9S. Every petition for the incorporation, by Letters
Patent, of Joint Stock Companies, for supplyijig towns in-
corporated as Municipalities with gas or water, or with both
gas and water, shall be accompanied by a duly certified
copy of a by-la^^.' of the Municipality, in which the opera-
tions of the Company are to be carried on, granting author-
ity to the persons desiring to form the Company to
lay down pipes for the conveyance of water or gas, or both,
under the streets, squares, and other public places of such
Municipality.
93. Thft by-law mentioned in the next preceding section,
shall be passed within two months from the date of the
petition for incorporation.
93. Every Company may sell and dispose of gas meters,
and gas and water tittings of every description for the use
of pri-^-ate and public houses, or for anj- establishment, com-
pany or corporation whatsoevei", as well as coke, coal, tar,
and all" and every the products of their works, refuse or
residuum arising or to be obtained from th^^ materials used
in or necessary for the manufacture of gas ; and every
Company may let out to hire gas meters, and gas and water
fittings of every kind and description, at such rate and
rents as may be agreed upon between the consumers and
tenants and such Company.
230 Joint Stock Companies.
94. Any such Company may break up, dig and trench so
much and so many of the streets, squares, highways, lanes
and public places of the Municipality for supplying which
with gas or water, or both, the Company has been incor-
porated, as are necessary for laying the mains and pipes to
conduct the gas or water, or both, from the works of the
Company to the consumers thereof, doing no unnecessary
damage in the premises, and taking care as far as may be to
preserve a free and uninterrupted passage through the said
streets, squares, highways, lanes and public places, while the
works are in progress.
95. When any such Company has laid down main pipe*
for the aupply of gas or water or through any of the
streets, squares, or public places of any Municipality, no
other person or persons, bodies politic or corporate, shall,
without the consent of such Company first had and obtained,
nor otherwise than upon payment to such Company of such
compensation as may be agreed upon, lay down any pipe for
the supply of gas or water within six feet of such Company's
main pipes, or if it be impracticable to cut drains for such
other main pipes at a greater distance, then as nearly six
feet as the circumstances of the case will admit.
96. When there are buildings within the Municipality the
different parts whereof belong to different proprietors, or
are in possession of different tenants or lessees, the Com-
pany may carry pipes to any part of any building so situate
passinr;- over the property of one or more proprietors or in
the po.-.session of one or more tenants to convey the gas or
water, or both, to the property of another or in the posses-
sion Oi' another, and such pipes shall be carried up and
attached to the outside of the building.
91'. The Company may also break up and uplift all passa-
ges common to neighboring proprietors or tenauts, and dig
or cut trenches therein for the purpose of laying do%vn pipes
or taking up or repairing the same, doing as little damage
as may be in the execution of the powers granted by this
Ordinance.
98. Every Company shall make satisfaction to the owners
or proprietors of buildings or other property, or to the pub-
lic, for all damages by them sustained , in or by the execu-
'Joint Stock Companies. 231
tion of all or a,iiy of the said powers, subject to which pro-
visions this Ordinance shall be sufficient to indemnify every
such Company and their servants, and those by them em-
ployed, for what they or any of them do in puisuanee of
the powers hereby granted.
99. Every such Company shall construct and locate their
Gas Works and \\'ater Works, and all apparatus and appur-
tenances thereto belonging, or appertaining, or tljeiowitfe
connected, and wheresoever situated, so as not to endanger
the public health or safety.
10-®. Notiiing contained in this Ordinance shall autliorize
any such Company, or any person acting under the author-
ity of the same, to take, use or injuj'e for the purposes of
the Company, any house or other buildin<»-, or aii\- land
used or set apart as a garden, orchard, }'ard, park, paddock,
plantation, planted walk or avenue to a house, or nm-sery
ground for trees, or to convey from the premises of anj-
person any water already appropriated ami necessaiy for
his domestic uses, without the consent, in writing, of the
owner or owner.s thereof lirst had and obtained.
101. Nothing in this Ordinance shall autboj-ize any Cem^
pany established under it to interfere with uv iniringe upon
any exclusive privilege granted to any other Coj.npany.
10^. Nothing in this Ordinance contained shall prevent
any person from constructing any works for the supply of
gas or water to his own premises.
103. Neither the service nor the connecting pi]jes of the
Company, nor any meters, lustres, lamps, pipes, giis tittiiigs,;
or any other property of any kind whatsoe\er of the Com-
pany, shall be subject to or liable for rent, nor lialile to be
seized or attached in any way by the possessor or owner of
the premises wherein the same may be, nor be in any way^
whatsoever liable to any person for the debt of any ])ersoH
to and for whose use or the use of whose house or building
the same may be supplied by the Company, notwithstand-
ing the actual or apparent possession thereof by such,
person.
232 Joint Stock Companies.
PROHIBITIONS AND PENALTIES.
104. If any person supplied by the Company with gas
«[■ water, or both, neglects to pay the rent, rate or charge
duo to the Company at any time of the times fixed for the
payment thereof, the Company, or any person acting under ■
their authority, on giving forty-eight hours previous notice,
may stop the supply of gas or water, or both, from enter-
ing the premises of the person in arrear as aforesaid, by
cutting off the service pipe or pipes, or by such other means
as the Couipany or its officers see fit, and may recover the
rent or charge due up to such time, together with the ex-
panse of cutting off the gas or water, or both, as the case
may b?, in any competent Court, notwithstanding any con-
tract to furnish for a longer time.
1®5. In all cases where the Company may lawfully cut
off and take away the supply of gas or water, or both, from
any house, building or premises, the Company, their agents,
©r their workmen, upon giving forty- eight hours previous
aotice to the person in charge, or the occupier, may enter
into the house, iDuilding, or premises, between the hours of
nine o'clock in the forenoon and five o'clock in the after-
noon, making as little disturbance and inconvenience as pos-
sible, and may remove and take away any pipe, meter, cock,
branch, lamp fitting or apparatus, the property of and
belonging to the Company, and any servant <luly authorized
by the Company, may, between the hours aforesaid, enter
any house, into which gas or water, or both, have been taken,
for the purpose of repairing and making good any such
house, building or premises, or for the purpose of examining
any meter, pipe .or apparatus belonging to the Company, or
Hscil for their gas or water, or both, and if any person refuses
to permit or does not permit the servants and officers of the
Company to enter and perform the acts aforesaid, the person
so refusing or obstructing, shall incur a penalty to the Com-
pany for every such offence of twenty dollars, and a further
penalty of four dollars for every day during which such
refusal or obstruction continues, to be recovered with costs
as hereinafter provided.
l#15o Where any customer discontinues the use of the
gas or other means of lighting or heating, or water furnished
fey a Company incorporated under the said Ordinance, or
Joint Stock Companies. 233
the Company lawfully refuses to continue any longer to
supply the same, the o'Bcers 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, for the purpose of removing
therefrom any fittings, machines, apparatus, meters, pipes or
other things being the property of the Company, in or upon
such premises, and may remove the same therefrom, doing
no unnecessary damage.
ENFORCEMENT OF PENALTIES.
101. Proceedings for lines, penalties and forfeitures im-
posed by this Ordinance may be taken by the Company, or
by any such person whose property is injured, to and for the
use of the Company, or such person, either in the manner
hereinbefore directed, or before a Justice or Justices of the
Peace in a summary way.
ARBITRATIONS.
108. If it is found necessary or deemed proper to con-
duct any of the pipes, 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 person
cannot be obtained for that purpose, the Company may
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 nom-
inate and appoint a third person, and the said three persons
shall act as arbitrators in such matter of dispute between
the Company and the owner or owners of the property.
109. The said arbitrators shall examine all witnesses
and administer all necessary oaths or declai ations to them,
and the said arbitrators, or a majority of them, sliall award,
determine and adjudge what sum or sums of money respec-
tively shall be paid to the owner or owners of the property
so taken or damaged by the Company.
110. 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 proprietor may resume the
possession of his property, with all the rights appertaining
thereto .
234 Joint* Stock Companies.
III. In the event of the Company or the owner of such
property failing to appoint an arbitrator, after eight days'
notice 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 arbitrator, and the decision of the said three
arbitrators, or a majority of them, shall be binding on all
parties concerned.
FEES FOR LETTERS PATENT.
S IS 3. All Joint Stock Companies or Incorporations incor-
porated under any Law other than this Ordinance or any
Act of the Parliament of Canada, or Insurance Companies
licensed by the Dominion Government to do business in Can-
ada, desirous of carrying on the business for which they are
incorporated, shall, before they proceed to do business in the
Territories, or in the case of Corporations already doing
business in the Territories, within six months after the pass-
ing of this Ordinance, file in the office of the Lieutenant-
Governor, a certified copy of their Charter of Incorporation,
duly authenticated as such by the President and Secretary
of such Company or Corporation ;
Failing in which, the said Company or Corporation shall
be liable to a penalty of Five hundred dollars, to be recov-
ered at the suit of the Lieutenant-Governor in any Civil
Court in the Territories, with costs of suit ; and any money
so recovered, shall form part of the General Revenue Fund
of the Territories.
113. In addition to the cost of all necessary advertising
in the Official Gazette of the Territories, the following Tariff
of Fees shall be paid on application for Letters Patent of
Incorporation and Supplementary Letters Patent under this
Ordinance ; and by foreign Corporations, on filing as afore-
said in the office of the Lieutenant-Governor, a certified
copy of their Charter of Incorporation, viz :
(1.) When the Capital Stock of the Company is $400,000
and upwards, the fee to be $200.00 ;
(2.) When the Capital Stock of the Company is $200,000
or upwards, and under $400,000, the fee to be $150.00 ;
(3.) Whenrthe Capital Stock of the Company is $100,000
and upwards, and under $200,000, the fee to be $100.00 ;
Joint Stock Companies. • 235
(4.) When the Capital Stock of the Company is $50,000
and upwards, and under $100,000, the fee to be $50.00 ;
(5.) When the Capital Stock of the Company is $40,000
and upwards and under $50,000, the fee to be $40.00 ;
(6.) When the Capital Stock of the Company is over
$10,000 and under $40,000, the fee to be $30.00 ;
(7.) And when the Capital Stock of the Company is
$10,000 or under, the fee to be $20.00 ;
(-i.) On application for Supplementary Letters Patent,
the fees to be one half of that charged on the original Let-
ters Patent.
SCHEDULE.
FORM A.
(Vide Section 1«.)
Public notice is hereby given, that under "The Companies' Ordin-
ance," Letters Patent have been issued under the Seal of the North-
West Territories, bearing date the day of
incorporating (here state\nam,es, address and
calling of each corporator named in the Letters Patent), for t!ie purp ise
of (here state the undertaking of the ('unipany, as set forth in the Letters
Patent) i;y the name of (here state the na^ne of the Company as in tht
Letters Patent) with a capital stock of dollars, divided
into shares of doUars.
Dated at Regina, this day of 18
A. B.,
Lieutenant-Governor.
FORM B.
(Vide Section 16.)
Public notice is hereby given, that under "The Companie*' Ordin-
ance, " Supplementary Letters Patent have been issued under the Seal of
the North- West Territories, bearing date the day of
, whereby the name of (here insert tht name of the
Company) has been changed into that of (here insert new name of
Company).
Dated at Regina, thi* day of 18
A. B.,
Lieutenant-Governor.
236 Joint Stock Companies.
FORM C.
{Vide Seoti.iii21.)
Public notice is hereby given, that under "The Companies' Ordin-
ance," Supplementary Letters Patent have been issued under the Seal
of the North- West Territories, bearing date the , day of
, whereby the undertaking of the {hert
tjiserf vKime o/(-'ompanj/) has been extended to include {litre set out tht
other pi Lipuse or objects mentioned hi the Suppleme^itary Letters Patent.)
Dated at Eegina, this day of 18
A. B.,
Lieutenant-Governor.
FORM D.
(Vide Section 28.)
Public notice is hereby given, that under "The Companies' Ordin-
ance," supplementary Letters Patent have been issued under the Seal
of the North- West Territories, bearing date the
day of , whereby the total Capital Stock of
(here state the name of the Company) is increased (or reduced, as the case
may be) from dollars to dollars.
Dated at Regina, this day of 18
A. B.,
Lieutenant-Go vBmor.
Hotel and Boarding House Keepers. 237
CHAPTER 31.
AN ORDINANCE RESPECTING HOTEL AND
BOARDINU-HOUSE KEEPERS.
Title, s. 1.
Rights and Responsibility of Hotel
Keepers, ss. 2, o, 4, 5.
Must post copy of Oi-dinance,
s. 6. *
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, en-
acts as follows :
fl. This Ordinance hiay be cited as "The Hotel and
Boarding House Keepers' Ordinance."
3. Any hotel, boarding or lodging house keepei', may detain
in his hotel, house, or on his premises, .and before the same
shall have been removed therefrom, the trunks and personal
px-opert}- of any person who is indebted to him for board
and lodging, and shall be responsible for the safe keeping of
the same ; and in addition to all remedies provided by Law
he shall have the right, in case the charges remain
unpaid for three months, to sell by public auction the bag-
gage and property of such guest, boarder or lodger, 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 advertising and sale ; and he shall pay over
the, surplus, if any, to the person entitled thereto, on appli-
cation being made by him therefor ; and in case application
therefor be not forthwith made, he shall immediately pay
the same to the Lieutenant-Governor, 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."
238 Hotel and Boa/rding House Keepers.
3. No hotel, boarding or lodging house keeper shall have
a rio-ht to detain the trunks or personal property of any-
one, or to have a lien thereon, for wines or spirituous or
fermented liquors supplied to him or to any one else by his
order.
4. No hotel-keeper shall, after the passing of this
Ordinance, be liable to make good to any guest of such
hotel-keeper any loss for injury to goods or property
brought to his hotel, (not being a horse or other live
animal or any gear appertaining thereto or any carriage), to
a greater amount than two hundred dollars, except in the
following cases, that is to say:
(1.) When such goods or property shall have been stolen,
lost or injured through the > i >,f ault or neglect of such hotel
keeper or any servant in hi s employ ;
(2.) When such goods or property shall have been de-
posited expressly for safe custody with such hotel
keeper, provided always tin at, in case of such deposit, it
shall be lairful for such j i otel-keeper, if he think fit,
to require as a condition to his liability that such goods or
property shall be deposited in a. box or other receptacle
fastened and sealed by the person depositing the same ;
5. If any hotel-keeper shall refuse to receive for
safe custody as before mentioned any goods or property of
his guest, or if any such guest shall, through any default of
the hotel-keeper, be unable to deposit such goods or
property as aforesaid, the hotel-keeper shall not be entitled
to the benefit of this Ordinance in respect of such goods or
property.
6. Every hotel-keeper shall cause to be kept conspicu-
ously posted in the office and public rooms in his hotel a
copy of this Ordinance, printed or plainly written, and he
shall be entitled to the benefits of this Ordinance in respect
of such goods or property only as shall be brought to his
hotel, while such copy shall be so posted as aforesaid.
Livery Stables, 239
OHAPTEB 32.
AN ORDINANCE RESPECTING KEEPERS OF
LIVERY, BOARDING AND SALE
STABLES.
Title, s. 1. '>
Rights and Responsibilities of Keepers, ss. 2, 3, 4.
Must post copy of Ordinance, i. 5.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, en-
acts as follows :
I . This Ordinance may be cited as " The Livery and
Boarding-Stable Keepers' Ordinance."
3. Any keeper of a livery stable or of a boarding or sale
stable may detain in his custody and possession and before
the same shall have been removed out of his custody and
possession, any animal,, vehicle, harness, furnishings or other
gear appertaining thereto and personal effects of any person
who is indebted to him for stabling, boarding or caring for
such animal.
3. Every livery stable keeper and every keeper of a
boarding or sale stable shall be obliged to keep in his pos-
session, and be responsible for, any animals or effects
detained by him for the full period of such detention, unless
they shall sooner be released, and if the owner does not
claim and release any such animals and effects so detained,
within three months from the commencement of such deten-
tion, the person detaining the same may cause them to be
sold by public auction, and after paying himself and the
costs of the sale, he shall pay over to the owner of such
animals and eflfects the balance, if any, of the price thereof.
4. In case such owner cannot be found, then such balance
shall be handed over to the clerk of the district Court of
the iudicial district within which such stable is situ-
ate, to be kept by him for such owner- for one year ; after
which time, if such owner does not appear or claim the
240 Livery Stables.
amount so kept, tlie same shall be paid over to the Lieuten-
ant-Governor and form part of the General Revenue of the
Territories.
5. It shall be the duty of any such livery stable keeper,
and the keepers of boarding and sale stables, to have a copy
of this Ordinance conspicuously posted up in the ofEce and
in at least two other conspicuous places in every such stable.
Conntvii dinn of 0!d\ii a:' /.;. '2-1-1
CHAPTER 33.
AN ORDINANCE RliSPKCTlNG THE (lONSTRUC)-
TION OF CHJMNEYS.
O )nstruction of, ss. 1, 2. 1 When not applicable, s. 4.
Penalty, s. 3. ]
The Lieutenant-Goveriio]-, by and with the advice and
consent of the Legislative Assembly of the Territories, e«-
acts as follows :
B. No person shall construct or use a chimney in any
portion of the Territories, unless the same be cousti-ucted
by walls of stone or brick and mortar, concrete or clay, at
least four inches thick, and projecting at least three feet
above the roof of the building wherein the same is, or is
to be used, or where stove pipes pass through a roof, they
must pass into roof pipe firmly secured, and the wood
must be cut away at least three inches from the pipe, and
protected by sheet iron, tin or zinc, or pass through a safe
the same as ceiling, as hereinafter mentioned.
%. When stove pipes in any buildings lead through
partitions, floors or ceilings, the same shall be encased in
solid brick and mortar, concrete or clay, so that at every
point there shall beat least fourclear inches between such pipe
and any wood work, or within metallic cylinders or stove
pipe safes, giving at least (If) one inch and throe-fourths air
space, all around on every side.
3. Any person violating the provisions of this Ordinance
shall be subject to a fine on summary conviction not exceed-
ing fif t^ dollars and costs of prosecution.
4. The provisions of this Ordinance shall not apply to
farms or buildings ten chains distant from one another, and
shall not apply to Municipalities which have provided for
the subject matter thereof.
242
Indigent Children.
CHAPTER 34.
AN ORDINANCE FOR THE RELIEF OF INDIGENT
CHILDREN.
Title, s. 1.
School authorities may take charge
of Orphmis, 3. 2
Powers of Justices, ss. 3, 4, 5, 6, 7-
Duties of School Authorities, ss.
8, 9.
Conditions under which child may
be restored, s. 10.
Institution to keep register, s. 11.
Authorities may place child in
charge of private individual,
ss. 12, 13.
Inspection of Institution, s. 14.
Penalty, s. 15.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, en-
acts as follows :
1. This Ordinance may be cited as "The Indigent Chil-
drens' Ordinance."
2. The authorities of any school or orphanage in the
Territories, maintained as such by any religious body, or by
voluntary contributions, may receive from the parents, if
both parents be alive, or from the survivor of theni, or in
the event of the decease of both parents, from the relations
or friends in charge thereof, any male child under the age
of sixteen years, or any female child under the age of four-
teen years for the purpose of supporting or educating such
child.
S. Any person in the Territories may bring before two
Justices of the Peace, any male child apparently under the
age of sixteen years, or any female child apparently under
the age of fourteen years, vvlio comes within anj^ of the
following descriptions, that is to say :
(I.) Who has no home or settled place of abode, or proper
guardianship, or visible means of support ;
(2.) Who is found destitute, either being an orphan or
having a surviving parent who is undergoing imprisonment,
or who has deserted the said child.
4. The two Justices before whom the child is brought,
coming within one of the descriptions mentioned in the
Indigent Children. 243
preceding clauses, or either of them, shall, if satisfied, on
enquiry, of the fact and that it is expedient to deal with
such child under this Ordinance, order him or her, as the
case may be, to be sent to any such institution as may be
willing to receive such child, in conformity with the pro-
visions of this Ordinance.
_5. In determining on the school or orphanage to which such
child shall be sent, the Justices shall endeavour to ascertain
the religious persuasion to which such child belongs, and
shall select a school or orphanage conducted in accordance
with the tenets of such religious persuasion, to which the
child or its parents or parent belong or belonged, wherever
the same shall be possible, and the order shall specify such
religious persuasion.
6. If the child shall be utterly ignorant and shall have
no knowledge of any religious persuasion or belief, or if it
be uncertain to what religious persuasion his or her parents
belong or belonged, such child shall be sent to such school
or orphanage as shall "be willing to receive him or her.
T. The order shall specify the time for which the child is
to be detained in such school or orphanage, M^hich time shall
be such as to the Justices making such order shall seem
proper for the teaching and training of the child, but not in
any case extending beyond the time when, if a boy, he
attains the age of eighteen years, or, if a girl, the age of
twenty years, unless she previously marry.
80 Whene^-er such child shall be so received, the institu-
tion receiving the same shall be bound to give proper nutri-
ment, medical care, clothing and education to such child ;
and shall 1^e iiound so to do until such child shall reach the
age of eigliteen years, if a boy, or twenty years, if a girl,
unless she previousl_y' inariy, or unless the child shall be dis-
charged from such institution at an earlier age, under the
terms of the ordei' mentioned in the pieceding section. Pro-
vided ah\'ays, that during the whole term of such teaching
and training the rights, power and authority of the parent
or parents of such child shall cease, and shall be vested in
and exercised by the managers of the institution, having the
charge of the child.
244 Indigent Children.
0. Before receiving any child under the jDfovisions of the
fii-st section of this Ordinance, it shall be the duty of the
ofiicers charged with the management of the institution,
wherein .such child is proposed to he received, to explain to
the parents or parent, relatioi'.s (/r f]-iej;ds of such child, that
the institution is bound to, and will maintain and educate
such child, until he or she arrives at the age of eighteen or
twenty years, as the case may be, and that if such parents
or parent, relations or friends voluntarily place such child
in the said institution, they shall be bound to leave such
child under the care r.iid guardianship of such institution,
under the age of eight'^en or tv, eiity years, as the case may
be, unless such child shall be ordered to be gi\'en up to the
parent or parents, friends ov relations tlierecf in manner
hereinafter provided.
S 0. In case anjr such institution j-efuses to give up sucli
child at the demand of the parents or parent, relations or
fi-iends, such parents or parent or relations or friends may
by application to two Justices of the Pe;u'(^ aftei' due notice
of such application being given to the institution having
charge of such child, appear before such Justices to support
the said application, and if proved that the parents or par-
ent, relations or friemls, are tit andpropei person c.r persons
to take charge of the child, then the said Justices shall,
upon good and sufficient reason being shown, order the child
to be restored to the custody and control of such pajents or
parent, relations oi- friend.'^-.
H. It shall be the duty of every such institution, to keep
a register of all the children so received, the date and par-
ticulars of their reception, name, age and particulars of their
condition, their death or ren;oval from such institution, the
nationality or tribe to which they belong, and to transmit
to the Lieutenant-Governor yearly in the month of January
an abstract of such register.
^&'
B "Z. In every case in which by the provisions of this Or-
dinance, it shall be lawful for the authorities of any school
or orphanage, to receive any child as hereinbefore provided,
it shall be lawful to place such child- in charge of any pri-
vate individual, who may be willing to receive the same,
but in every such case it shall be necessary to obtain an
order from two Justices of the Peace, approving the same,
Indigent Children. 245
which order shall not be granted until it shall be proved
before snch Justice-; that such individual is a tit and proper
person to take charge o£ such child, atid is able and willing
to do so.
1 3. All the sections of this Ordinance having reference
to a minor in charge of any school, orpha lage or institution,
shall apply to a minor placed under the guardianship of an
individual.
14. A Judge of the Supreme Court or any person ap-
pointed by the Lieutenant-Governor, .shall have pow.;r at all
times to visit any such school, institution or orphanage or
place where a minor may be held under this Ordinance, and
to enquire into the management thereof, and the treatment
received by any child detained under this Ordinance.
1 5. Any person di^jobej^ing any order made under the
pro^'isions of this Ordinance shall, up(m summary convic-
tion there jf, before two Justice ^ of the Peace, forfeit and
pay a line not exceeding one hundred dollars, aad in default'
of payment thereof, and cost^ forthwith after coaviction, be
imprisoned for any time not exceeding two months.
246 Lands in Trust.
CHAPTER 35.
AN ORDINANCE RESPECTING THE HOLDING OF
LANDS IN TRUST FOR RELIGIOUS SOCIETIES
AND CONGREGATIONS.
Religious Societies may acquire
Lands in name of Trustees,
s. 1.
Registration of Deed, s. 2.
Debt, s. 3.
Powers of Trustees, ss. 4, 5, 6, 7, 9,
10.
Supreme Court Judge to sanction
Deed, s.'8.
Presbyterian Church, s. 11.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, en-
acts as follows :
1. When any religious society or congregation of Chris-
tians in the Territories, desire to take a conveyance of land
for the site of a church, chapel, meeting-house, burial ground,
residence or glebe for the minister, or for the support of
public worship, and the propagation of Christian knowledge;
such society or congregation may appoint trustees, to whom
and their successors, to be appointed in such manner as may
be specified in the deed of conveyance or a resolution passed
in the manner provided for in the tenth section of this Or-
dinance, the land requisite for all or any of the purposes
aforesaid, may be conveyed, and such trustees and their suc-
cessors, in perpetual succession, by the name expressed in
the deed or resolution, may take, hold, and possess the land,
and ma'ntain and defend all actions or suits, for the pro-
tection Jiereof, or of their property therein ; provided al-
ways, that no religious society or congregation shall be cap-
able of holding under the provisions of this Ordinance,
ifiore than three hundred and twenty acres of land.
2. Such trustee shall, within twelve months after the
execution of this deed of conveyance, cause the deed to be
registered in the registry office of the Land Registration
District in which the land is situated, otherwise the said
deed shall be void.
3. When a debt has been, or may hereafter be contracted
or the buildi ng, repairing, extending or improving a church,
Lands in Trust. 247
chapel, meeting-house, or residence for the minister, on land
held by trustees, under the provisions of this Ordinance, or
for the purchase of the land on which the same has been, or
is intended to be erected, the trustees, or a majority of them
may, from time to time, secure payment of the debt or of
any part thereof, with or without interest, by mortgage
upon the land, church, chapel, meeting-house, or residence
for the minister, or may borrow money to pa)- the debt or
any part thereof, and may secvire the re-payment of the
loan, with or without interest, by a like mortgage,
4. The trustees may lease for an}- term not exceeding
twenty-one years, land held bj' them under this Ordinance,
or part thereof, at such rent and upon such terms as the
trustees or a majority of them may deem reasonable, pro-
vided always that the trustees shall not lease any land,
which, at the time of the making of the lease, is necessary
for the purpose of erecting a church, chapel, uieeting-house,
or residence for the minister, or for a burial ground for the
religious society or congregation for whose use the land is
held ; and provided further, that the trustees shall not lease
the land so held by them or any part thereof, for a term ex-
ceeding three years, without the consent of the religious
society or congregation for whose use the land is held, which
consent shall be signified by resolution, passed b}' the \ otes
of a majority of tho3e persons, who by tlie constitution of
the said religious society or congregation, or by the pra,ctice
of the church with which it is connected, are entitled to vote
in respect of church business, present at a meeting of the
religious society, or congregation, duly called for the pur-
pose of considering the proposed lease.
5. In anr lease made under the last preceding section, the
trustees may covenant or agree for tlie renewal thereof, at
the expiration of any or every term of twenty-one years,
for a furthei- term of twenty-one years or any less period,
at such rent and on such terms as may then, by the trustees
for the time being, be agreed upon with the lessee, his exe-
cutors, administrators or assigns, or may covenant or agree
for the payment to the lessee, his executors, administrators
or assigns,' of the value of any buildings or other improve-
ments, which maj-, at the expiration of any term, be on the
demised premises' : and the mode of ascertaining the amount
»of such rent, or tlie value of such improvements may also be
provided for in the original, or any subsequent lease.
248 Lands in Tnid.
6. Tlie trustees for the time being, holding land under
this Ordinance, which has been leased, under the powers
contained in the fourth and lifth sections of this Ordinance,
may take all such means and proceedings for the recovery
, of rent, or arreai's of rent, which landlords are by Law en-
titled to take.
T. When land held liy trustees for the use of a religious
. society oi- congrega.tion becomes unnecessary to l)e retained
for such use, and it is deemed advantageous to sell the same,
tlie trustees, for the time being, may give public notice of an
intended ,sn!e, specifying the prenn'ses to be sold, the terms
of payment, and the time of sale, and after publication of
the notice, not less than once in each week for four succes-
::i\e weelcs, in a newspaper published in or near the place
v,-lu)e the 'and is situated, sell the land at public auction,
acc(!i dhiy i:> notice, but the trustees shall not be obliged to
.complete o;- Ciiii-y fi sale into effect, if, in their judgment,
an adequate juiee is not offered for the land ; and in such a
case the tmstet. a u:ay at a subsequent time sell the land,
eithei- at pulilic auction or priv;ite sale, but a less sum shall
not be accepted at piivate sale than was ofiiered at public
8. Befoi'e a deed is executed in pursuance of a public or
pri\ate sale, the leligious society or congregation, for whose
use the laud is held, shall be notified, and the sanction of a
'"Judge <i' th(! .Supreme Court usually exercising jurisdiction
in the .Tudicial Listrict, in which the land is situated, ob-
tained for the execution of the deed.
9. Trustees selling or leasing land under the authority of
this Ordinance, shall, in the month of January in each year,
at a meeting;' of the religious society, or congregation, duly
called according to the constitution thereof, or according to
tlie pi-actice of the chuich with which it is connected, have
ready and open for the inspection of the said society or con-
gregation, and of any and every member thereof, a state-
ment showing all rents ^^•hich accrued during the preceding
year, and all sums of money in their hands for the use and
benefit of the said society (.)r congregation, which were in
any manner derived from the land under their control or^
subject to their management, or from the proceeds of the
Lands in Trust. 249
sale thereof, and also showing the manner in which they
may have expended or dealt with the said money or any
part thereof.
1 0. When land is granted or conveyed to trustees for the
use of any religious society or congregation, and the grant
or deed of conveyance of such land does not specify the
manner in which their successors to the trustees therein
named are to be appointed, the religious society or congre-
gation 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 major-
ity of those persons, who, by the constitution of the said
society or congregation, or by the practice of the church
with which it is connected, are entitled to vote in respect of
church busiiiess, then present at said meeting, pass a i-esolu-
tion specifjang the manner in which the successors of the
trustees, for the term then being, are to be appointed, and
such resolution endorsed on, or annexed to, the deed or con-
vej'ance under which the land is held for the use of the said
society or congregation, signed by the chairman and secre-
tary of the meeting at which the resolution is adopted, shall
govern and regulate the manner in which the successors of
the trustees, named in the original grant or conveyance,
shall be appointed, and from and after the passing of such
resolution, the provisions of this Ordinance shall apply to
the said society or congregation, and to the trustees thereof.
1 1 . In the case of a congregation connected with the
Presbyterian Church in Canada, for the use or benefit, of
which land is now held, or may hereafter be held, by the
Board of Management of the Church and Manse building
fund of the Presbyterian Church in Canada for Manitoba
and the Northwest, pursuant to the powers contained in the
Act of Parliament of Canada, passed in the Forty-sixth
year of the reign of Her Majesty, and Chaptered ninety-
seven, incorporating the said Board of Management, in the
case of any congregation of the said church, which has re-
ceived from the said Board a loan, under the provisions 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 Board of Management, and the
consent thereto of the said Board of Management has been
eno-rossed in writing under their corporate seal.
250
Masters and Servants.
CHAPTER 36.
AN OEDINANCE RESPECTING MASTERS AND
SERVANTS.
Certain Contract to be in Vvrriting,
s. 1.
Drunkenness, neglect, etc. , penalty ,
s. 2.
ConcealinE; servant, etc , penalty,
s. 3
Ill-usage of servant, penalty, s 4.
Provisions to apply to contracts
made outside Territories, s. 5.
Complainant and Accused may give
evidence, s. 6.
Not to bar Civil Action, s. 7.
Prosecution to be commenced with-
in three months, s. 8.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, en-
acts as follows:
1. Every contract of hire of personal service for any
period more than a year shall be in writing, signed by the
contracting parties.
3. Any person engaged, bound, or hired, whether as a
clerk, journeyman, apprentice, servant, laborer, or otherwise
howsoever, guilty of tirunkenness, or by absenting himself,
by day or niglit, 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 being
convicted of one or more of the said violations in a sum-
mai-y ^^-ay before a Justice of the Peace, forfeit and pay
such sum of money not exceeding thirty dollars, as to the
said Justice seems meet, together with costs of prosecution ;
and in default of payment thereof forthwith be imprisoned
for any period not exceeding one month, unless the fine
imposed and costs, together with the costs of commitment
and conveying such person convicted to the place of ini -
prisonment, be sooner paid.
3. Anyi'person who harbours or conceals any apprentice
or servant who has deserted his master's service, or insti-
gates any such apprentice or servant to desert such service,
or keeps such apprentice or servant in his service after be-
ing notified or informed of the fact, shall, on conviction
Masters and Servants. 2-")l
thereof before a Justice of the Peace in a summary way, be
liable to the same penalties as are enacted in the next pre-
ceeding section of this Ordinance.
4. It shall be lawful for any Justice of the Peace on com-
plaint on oath by any employee or other servant of ill usage,
non-payment of wages (not exceeding two months' wages,
the same having been first demanded), or improper dismissal
• by his master or employer, to cause such master or employer
to be brought before him, and upon proof to his satisfaction
of the complaint being well founded, to order such com-
plainant to be discharged from his engagement and
to order such master or employer to pay such com-
plainant one month's wages in addition to the amount of
wages then actually due him, not exceeding two months'
wages as aforesaid, together with the costs of prosecution,
the same to be levied by distress and sale of the oftender's
goods and chattels ; and in default of sufficient distress, to
be imprisoned for any term not exceeding one month, unless
the said moneys and costs be sooner paid.
5. The provisions of this Ordinance shall be held to apply
in the Territories to contracts and agreements made at any
place outside the same.
6. On the trial of any complaint made under this Ordin-
ance the complainant and accused shall be admitted to give
evidence.
7. Nothing in this Ordinance shall in any wise curtail,
abridge or defeat any civil or other remedy for the recovery
of wages or damages, which employers or masters may have
a,gainst servants or employees, or which servants or employ-
ees may have against their masters or employers.
8. Prosecution for offences under this Ordinance shall be
commenced within three months after the offence has been
committed, and not after.
252 Aioctioneerd, Hatvkers (i)id Pedlern.
CHAPTER 37.
AN ORDINANCE RESPECTING AUCTIONEERS,
HAWKERS AND PEDLERS.
Licenses, s. 1,
Fees, s. 2.
Expiry of License, s. 3.
Penalty, s. 4.
No License to be granted within a
iVlunii-ipality, s 5.
The Lieutenant-Governor, by and with the advice and*
consent of the Legislati\ e Assembly of the Territories, en-
acts as follows :
i. No person shall follow the calling or pursue the busi'
ness of an auctioneer, ha\vker or pedler within the Terri-
tories, without having first obtained a license therefor, under
the hand of the Lieutenant-Goverm ir, with the seal of the
said Territories.
(2.) In this Ordinance the expression "hawker" means
and includes any person, who, being a principal or an agent
or employee of any jieison not a resident within the Terri-
tories, sells or offers for sale any goods, wnres or merchan-
dise, or carries and exposes samples or patterns of any
goods, wares or merchandise, to be- afterwards delivered
within the Territories, to any person not being a wholesale
or retail dealer in such goods, wares or merchandise, but
shall not mean or include any person selling meat, fish,, fruit,
or fariii produce by retail.
?Jo The applicant for every such license shall pay there-
for the sum of twenty -five dollars, when the application is
made on or lief ore the thirtieth day of June in any year,
and the sum of tvi'elve dollars and fifty cents, when s uch ap-
plication is made after such date.
S. Every license issued under this Ordinance shall expire
on the thirty -first day of December of the year in which it
is issued.
4. Any person, violating the provisions of this Ordinance,
shall be liable, on summary conviction, to a fine not exceed-
ing one hundred dollars and costs of prosecution.
5. Provided always, that no license shall be granted to
any hav.dcer or pedler to transact business witbi i an incor-
porated Municipality.
Cramhig To.hJ/'fi and Gamhling. 258
CHAPTER 88.
AN ORDINANCE RESPECriNG THE LICENSING
OF BILLIARD AND OTHER TABLES, AND
FOR THE PREVENTION OF GAMBLING.
Licenses, ss, 1, 2. Gamhiu- and wagering prohibited.
Issuers to make monthly statement, ; penalty, s 5.
s 3. i Powers of Peace Officers, s. 6.
Penalty, s. 4. i Ordinance not a])p!icable to Mun-
icipalitiea, s 7.
The Lieutenant-Governor, - by and witli the advice and
consent o£ the Legislative Assembly of the Territories, en-
acts as follows :
3. No person shall cari-y on in the Territories any of the
calling-;, hereinafter ii\entioned, ^^'ithout having first obtained
a license for that purpose, which license shall be issued by
such person as the Lieutenant-Governor in Council may
authorize ; and in every case the license shall expire on the
thirty -first da)' of I)ecemb(r next following the date thereof
and may be assigned.
°J. To obtain a license the applicant shall, if he applies or
or before the thirtieth day of June, pay to tlic issuer as fol-
lows :
(L) If the license be for a single billiard or pool table,
twenty dollars : and for every such additional table, fifteen
dollars ;
(2.) For every bagatelle, mississippi, pigeon-hole, or other
gaming table or board with balls, twenty dollars ;
(3.) For every bowding alley,, twenty dollars ;
But one-half of the said fees only shall be payable,when the
application is made after the thirtieth day of June in any
year.
3. Each issuer of licenses shall make monthly returns of
all licenses issued by him under this Ordinance to the Lieu-
tenant-Governor, paying over to him, on account of the
General Fund of the Territories, all moneys received there-
for, retaining thereout, for his services, ten per cent, of the
moneys collected.
2-54 Gaming Tables and Gambling.
4. Any person who shall, without having first obtained
a license, have set up in any public room or hall, any of the
tables or boards, or a bowling alley hereinbefore named, shall
bo liable, on conviction in a summary way before a Justice
o!' the Peace, to a fine, for every such offence, 'of
not less than one year's license fee, nor exceeding
one hundred dollars, with costs of prosecution, and
on non-payment thereof, to be imprisoned for any term not
exceeding three months.
5. Every desci-iption of gaming, and all playing of faro,
cards, dice, or other game of chance, with betting or wagers
for or stakes of money or other things of value, and all
betting and wagering on any such games of chance is strictly
'forbidden in the Territories, and any person convicted be-
fore a Justice of the Peace, in a summary way, of playing
at or allowiuL;' to he. played at on his premises, or assisting
or being engaged in any vfiiy in any description of gaming
as aforesaid, shall be liable to a fine for every such ofience,
not exceeding one hundred dollars, with costs of prosecution,
and on non-payment of such fine and costs forthwith after
conviction, be imjjrison.^d for any term not exceeding
three months.
6. In order the more efl^cctually to repress the offences
specified in this Ordinance, every Pease Officer of the Terri-
tories is hereby authorized, by force, if necessary, to enter
any suspected place, to arrest therfin on view, any person
or persons found committing an}- of the ofiences aforesaid,
and bring him or them before a Justice of the Peace, to be
de.ilt v\rlt!i summarily according' to law, and also to seize
any tables ami other in.^truments, and money and securities
for money used iii contravention of tlvls Ordinance (except
tables the subject of aniinal licenses as afovesa-id ) : and the
Justice of the Peace whall, upon conviction of an ofteuder
under this Ordinance, order the said tables and other instru-
ments to l:ie forfeited and sold, or, in the discretion of the
convicting Justice, destroyed, and the money so seized as
aforesaid shall be forfeited, andaccrue to the General Revenue
Fund of the Territories.
7. Nothing in this Chapter shall apply to any portion of
the Territories incorporated as a Municipality.
Profanation of the Lord's Day. 251
CHAPTER 39.
AN ORDINANCE TO PREVENT THE PROFANATION
OF THE LORD'S DAY.
Lord's Day, as. 1, 2. I Penalty, s. 4.
Contracts made on, void, s. 3. |
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, en-
acts as follows :
1. No merchant, tradesman, artificer, mechanic, work-
man, laborer or othe)' person whatsoever, shall on the Lord's
Day sell or publicly show forth, or expose or offer for sale
or purchase any goods, chattels or other personal property
or any real estate whatsoever, or do, or exercise any worldly
labor, business or trade of his ordinary calling; travellino- or
conveying travellers or Her Majesty's mails, selling drugs
and medicines and other works of necessity and works of
charity only excepted.
H. No person on that day shall play at billiards or pool
in any public room, or run races on horseback or in vehicles
of any sort, or discharge lire-arms or engage in any game
or games in any public place.
3. All sales and purchases, and all contracts and agree-
ments for sale or purchase of any real or personal property
whatsoever made by any person or persons on the Lord's
Day, shall be utterly null and void.
4. Any person convicted before a Justice of the Peace of
violating any of the provisions of this Ordinance, shall, upon
such conviction, in a summary way, be liable to a fine not
exceeding one hundred dollars and costs of prosecution.
256 Appointment of Notaries Public.
CHAPTER 40.
AN ORDINANCE AUTHORIZING THE APFOINT-
MENT OF NOTARIES PUBLIC.
Notaries Public, ss. 1, 2. | Fee, s. 3.
The Lieutenant-Governor, by and with the advice and
consent ol the Legislative Assembly of the Territories, en-
acts as follows :
i. It shall be lawful for the Lieutenant-Governor to ap-
point by commission under his hand and the seal of the
Territorities, one or more Notaries Public for the said Ter-
ritories, provided that no appointment shall be made of any
person or persons who at the time shall not be actually re-
siding within the said Territories.
3. Every such Notary shall have, use and exercise the
power of drawing, passing, keeping and issuing all deeds and
contracts, charter parties and other mercantile transactions
in the said Territories ; and also of attesting all commercial
instruments that may be brought before hiin for public pro-
testation and otherwise of acting as usual in the office of
Notary, and may demand, receive and have all the rights,
profits and emoluments rightfully appertaining and belong-
ing to the said calling of Notary Public during the pleasure
of the Lieutenant-Governor.
3. For every commission issued under this Ordinance,
there shall be payable to the Lieutenant-Governor the suin
of ten dollars, to form part of the General Fund of the Ter-
ritories.
The Legal Professio'i-). 257
CHAPTER 41.
AN ORDINANCE RESPECTING THE LEGAL PRO:
FESSION.
Only Advocates permitted to prac-
tice, s. 1.
Who may become Advocates, s. 2.
Enrollment, s, 3.
Advocates to be officers of the
Court, s. 4
Striking off the Roll, s. 5.
Oath, s. 6.
Fee, s. 7.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, en-
acts as follows :
1. Pei-sons duly enrolled as advocates under tlie prow-
sions of this Ordinance, and no others, shall be pemiitted
to practice at the Bar in the Supreme or any other Coui-fes
of civil jurisdiction in the Territories, and to sue any writ
or process, or commence, carry on, solicit or defend any ac-
tion, or proceeding in the name of any person or in his own
name, in any such Courts.
3. Any of the following persons upon production to the
Lieutenant-Governor of a certificate from a Judge of the
Supreme Court to the effect that he is entitled to be enroIlc>d,
and the payment of a fee of Fifty dollars to the General
Revenue Fund of the Territories, may be enrolled as an
advocate in the said Territories-:
(1.) Any person, who has been duly called to the Bar of any
of the Courts in Her Majesty's Dominions, or who has been ai-
mitted to practice as an attorney, advocate, or solicitor in
any of said Courts ;
(2.) Any British subject of the age of 21 years furnishing
to a Judge of the Supreme Court satisfactory evidence of a
good mo^al character, and that he has pursued the study and
practice of Law for at least three years under articles with*
duly enrolled advocate in the Territories, and that the said
articles, and any assignment thereof, the executito therecf
beino- veriiied by affidavit, have been filed with the Registrar
of the Supreme Court, within six months after the exec-ntion
thereof ; and who shall pass an examination to the satisfa*-
tion of such Judge and of a duly enrolled advocate of tie
458 The Legal Profession.
'Bftrritories, to be named by the Judge, on the general prin-
•iples of the common law and equity jurisprudence, the
British North America Act, and amendments thereto, the
Statutes o£ the Dominion, and the Ordinances of the North-
West Territories, and shall subscribe and take before such
Judge the oath hereinafter prescribed.
S. Upon receipt of such certificate from a Judge, and of
ilie requisite fee, the Lieutenant-Governor shall cause the
nanie of the person named in such certificate to be enrolled
in a book, to be kept for that purpose, and shall issue to
such person a certificate in the form following :
CERTIFIOATK TO PRACTICE AS AN ADVOCATE IN THE NORTH-WEST
TERRITORIES.
No
This is to certify that having
•oHiplied with the provisions of "The Ordinance respecting the Legal
Btofessioii" was, on the day of A.D. 18
duly enrolled as an advocate of the Courts of civil jurisdiction in the
Korfch-West Territories, and as such is entitled to all the rights and
privileges granted by said Ordinance.
Given under my hand and the seal of the North- West Terri-
tories, at this day of
in the year of our Lord, one thousand eight hundred
and
Lieutenant-Governor
of the North- West Territories.
Endorsement.
Registered this day A.D. 18
Liber Folio
Secretary.
4. All perso)is enrolled as aforesaid shall be ofScers of
the Supreme and other Civil Courts of the Territories, and
sh-all be known and designated as advocates of such Courts.
5. The Supreme Court, or the Judges thereof usually ex-
•reising"* jurisdiction in the judicial district within which
such advocate is residing or practising, upon the application
•f any person upon such notice to such advocate, as the
Judge may direct, may order that any advocate, so enrolled
as aforesaid, be struck off the rolls, oi' be suspended for such
The Legal Profession. 259
time, as such Judge may think proper, for non-payment of
moneys received by him as such advocate, after judgment
shall have been entered against such advocate, and the
period of three months shall have elapsed without the pay-
ment thereof, or for the conviction of any such advocate of
felony or misdemeanor ; and the Lieutenant-Governor, upon
receiving from such Judge such order, shall note opposite
the name of such advocate a minute thereof and thereafter
such advocate shall be debarred from the privileges of this
Ordinance during the time limited by such order.
C The oath to be taken as hereinbefore prescribed shall
be as follows :
I, A. B.,do solemnly swear that I will well and truly and honestly
demean myself as an Advocate in the North-West Territories, aboord-
ing to the best of my knowledge, skill and ability. So help me God.
1. For filing articles of clerkship, and every assign-
ment thereof, there shall be payable to the Registrar of the
Supreme Court a fee of fifty cents.
260 i^f<''K i'l'i' Sitiiiinary^ Trials.
CHAPTER 42.
AN ORDINANCE RESPECTING FEES IN SUMMARY
TRIALS.
Fees in summary trials, s. 1. | Schedule.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembl)' oi" the Territories, en-
acts as follows ;
i. The fees mentioned in the Schedule at the end of this
Ordinance shall be and constitute the fees, which Justices of
the Peace, constables and witnesses shall be entitled to de-
mand and receive in ;ill cases of Summary Convictions and
Orders in the said Territories, unless in eases where other
fees are expressly pre.'-cribed by Law.
SCHEDULE.
JUSTICES OF THE PEACE.
Inforiuation or Complaint and Summons or Warrant $1 00
Every copy of Summons 25
Warrant of Distress Y5
Warrant of Commitment 75
Subpoena to Witnesses 25
Hearing and determining the case 1.00
Conviction or Order 1.00
Hecognizance and return 75
CONSTABLES.
Service of each Summons or Warrant 50
Mileage for service of Summons, for each mile necessarily tra-
velled ; 10
Mileage for executing Warrant, for eacli mile necessarily travelled 10
Attendance on Trial, levying on Distress Warrant and returning
the same, shall be charged at the rate of, per day 2.00
WITNESSES.
For each day's attendance in Court 1.00
Mileage, for each mile necessarily travelled 10
Appointment of Constables. ■ 261
CHAPTER 43.
AN ORDINANCE PROVIDING FOR THE APPOINT-
MENT OF CONSTABLES.
Justices may appoint, s. 1. | Oath, s. 2.
The Lieutenant-Governor, by and with tlie advice and
consent of the Legislative Assembly of the Territories, en-
acts as follows :
1 . Any Justice of the Peace may, in writing, appoint one
or more constables, whose powers and duties as such shall
extend to the whole of the Territories ; such appointment to
be in force for the time mentioned in the appointment, but
shall at no time be longer in force than until the thirty-first
day of December then next following the date of such ap-
pointment, or until any process on the said thirty-first day
of December in his hands be executed.
"i. Every constable so appointed shall, before entering on
the duties of his office, take and subscribe, before a Justice
of the Peace, the following oath:
"I, having been appointed Constable for
the North- West Territories, do solemnly swear that I will truly, faith-
fully and impartially perform the duties appertaining to the said office,
according to the best of my skill and ability. So help me God. "
262 Beturns by Justices of the Peace.
CHAPTER 44.
AN ORDINANCE TO PROVIDE AND REGULATE
RETURNS BY JUSTICES OF THE PEACE.
Returns, 3. 1. I Form of Return, Appendix.
Penalty, s. 2. I
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, en-
acts as follows :
1. Every Justice of the Peace, and in cases where two
" Justices of the Peace sit together, the senior of such Justices
shall quarterly, on or before the second Tuesday in each of
the months of March, June, September and December in
each year, make a return to the Lieutenant-Governor, in the
form at the end of this Ordinance, of all proceedings had
before him or them, as the tase may be, and, with such re-
turn, pay over to the Lieutenant-Governor all fines received
during the three months ending on the last day of the month
preceding such return.
H. Every Justice, failing to comply with the requirements
of thp next preceding section of this Ordinance, shall be
liable to a penalty of one hundred dollars and costs of suit,
in addilion to the amount of fines received, to be recovered
by the Lieutenant-Governor before the Supreme Court of
the Tei?itorie=?, as a debt, the same, when recovered, to
form part of the General Fund of the Territories.
lictnTiih by Justicea of the Feate.
2m
FORM OF RETURNS.
Return of prooecilings liad. and convictions made, by me cv \is (us Uie case may
b») r'or the quarter ended ;
5 -
S3
^^d!
'Aiiii Exemptions from Seizure.
r^T.-j
HAPTER 45.
AN ORDINANCE EXEMPTING CERTAIN PROPERTY
EROM SEIZURE AND SALE UNDER EXECU-
TION.
Articles exempted, s. 1. I Exceptions, s. 3.
Choice of articles exempted, s. 2. |
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, en-
acts as follows :
1. The following real and personal property are hereby de-
clared free from seizure by \'irtue of all Writs of Execution
iissued by any Court in these Territories, namely :
(L) The necessary and oi'dinary clothing of the defendant
and his family ;
(2.) The furniture and household furnishings belonging to
the defendant and his family to the value of five hundred
dollars ;
(3.) The necessary food for the defendant's family during
six months, which may include grain and flour, or vegetables
and meat eitlicr prepared for use or on foot ;
(4.) Two cows, two oxen, and one hoi'se, or three horses
or mules, six sheep, and two pigs, be.-,ides the animals the
defendant may have chosen to keep for .food purposes, and
food for the same for the months of November, December,
Jfi.nunry, Feljrnary, March and Apiil, or for such of these
Hionths or portions thereof, as may follow the date of seiz-
Bre, provided such seizure be made between th^ first day of
August and the thirtieth day of April next ensuing;
(5.) The harness necessary for three animals, one wagon
or two carts, one mower or cradle and scythe, one breaking
plough, one cross-ploiigh, one set harrows, one horse i-ake,
one sewing machine, and one reaper or binder ;
(6.) The books of a professional man ;
«(7.) The tools and necessaries used by the defendant in
Ithe practice of his trade or profession ;
(8.) Seed grain sufficient to seed all his land under cultiva-
tion, not exceeding eighty acres, at the rate of two bushels
Exempt iimH from Seizuvf. 265
per acre, defendant to liave choice of seed, and fourteen
bushels of potatoes.
(9.^ The homestead of the defendant, provided the same
be not more than one hundred and sixty acres ; in case it be
more, the surplus may be sold subject to any lien or incum-
brance thereon ;
(10.) The house and buildings occupied by the defendant
and also the lot or lots on whirh the same are situate, ac-
cording to the registered plan of the same, to the extent of
fifteen hundred dollars.
3. The defendant shall be entitled to a choice from the
greater quantity of the same kind of articles, which are
hereby exempted from seizure.
3. Nothing in this Ordinance shall exempt from seizure
any article, except for tlie food, clothing and bedding of the
defendant and his family, the price of which forms the sub-
ject matter of the judgment upon which execution against
the defendant is issued.
266 Partnerships.
CHAPTER 46.
AN ORDINANCE RESPECTING PARTNERSHIP.
Partnerships must be registered,
s. 1. .!_
Modes of registration, ss. 2 to 8,incl.
Penalty, s. 9.
Effect of registration, s. 10.
New Declaration, s. 11.
Registering dissolution, b. 12.
Fees, s. 13.
Forms, Schedule.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, en-
acts as follows :
BEGISTRATION OF CO-PARTNEKSHIPS.
1. All persons associated in partnership for trading,
manufacturing or mining purposes in the Territories, shall
cause to be delivered to the Registrar of Deeds of the Land
Registration District in which they carry on, or intend to
carry on business, a declaration in writing, signed by the
several members of such partnership ; provided, however,
that if any of the said members be absent from the place,
where they carry on or intend to carry on business, at the
time of makine- such declaration, then such declaration shall
be signed by the members present in their own names, and
also for their absent co-members, under their special author-
ity to that effect ; such special authority to be at the same
time filed with the said Registrar and annexed to such de-
claration.
3. Such declaration shall be in the Form A of this
Ordinance, and shall contain the names, surnames, additions
and residences of each and every partner, or associate, as
aforesaid, and the name, style or firm under which they
carry on, or intend to carry on such business, and stating
also the time during v/hich the partnership has existed and
is to exist, also declaring that the persons therein named are
th« only members of such co-partner.ship or association.
3. Such declaration shall be filed within six months next
after the formation of any such partnership, and a similar
Partnerships. 267
declaration shall in like manner be filed, when and so often
as any change or alteration of partnership takes place in the
membership of such partnership, or in the name, style or
firm under which they intend to carry on business, or in the
place of residence of each member of said firm, and every
new declaration shall state the alteration in the partner-
ship.
4. Every person engaged in business for trading, manu-
facturing, or mining purposes, and who is not associated in
partnership with any other person or persons, h^ who uses,
as his business style, some name or designation other than
his own name, or who in such business uses his own name
with the addition of "and Company", or some other word or
phrase indicating a plurality of members in the firm, shall
cause to be delivered to the Registrar aforesaid a declara-
tion of the fact in writing signed by such person.
5. The declaration last aforesaid shall contain the name,
surname, addition and residence of the person making the
same, and the name, style, or firm under which he carries
on, or intends to carry on business, and shall also state that
no other person is associated with him in partnership, and
the same shall be filed witliin six months of the time when
such style is first used.
6. It shall be the duty of the Registrar aforesaid, to keep
two Alphabetical Index Books of all declarations of co-part-
nership, delivered to him in pursuance of the provisions
hereof.
T. In one of such books hereinafter called the " Firm In-
dex Book," the said Registrar shall enter in alphabetical
order, the style of the respective firms, in respect of which
declarations have been delivered to him, and shall place
opposite each entry the names of the person or persons com-
posing such firm, and the date of the receipt by him of the
declaration, in the manner shown in Form B of this Or-
dinance.
8. In the second of such books, hereinafter called tbe
/Individual Index Book," the said Registrar shall enter in
alphabetical order the names of the respective members of
each of such firms, and shall place opposite such entry the
268 • Partner.ihips.
style of the tirm of which such pei'son is a member, and the
date of the receipt of the declaration in the manner shown
in Form C of this Ordinance.
9. Each and every member of any. partnership, or other
persons requiring to register a declaration under the pro-
visions of this Ordinance as aforesaid, who fails to comply
with the requirements aforesaid, shall forfeit the sum of one
hundred dollars, to be recovered before any Court of compe-
tent jurisdiction, by any person suing as well on his own
behalf as on behalf of the Lieutenant-Governor ; and half of
such penalty shall belong to the General Fund of the Terri-
tories, and the. other half to the party suing for the same,
unless the suit be brought, as it may be, by the Lieutenant-
Governor on behalf of the Territories onlj', in which case
the whole of the penalty shall belong to the Territories
aforesaid.
10. The allegations made in the declaration aforesaid
cannot be controverted by any person who has signed the
same, nor can they Ite controverted as against any party not
being a partner, by a person who has not signed the same,
but who was really a member of the partnership therein,
mentioned at the time such declaration was made.
1 1. Until a new declai'ation is made and filed by him, or
by his co-partners, or any of them as aforesaid, no such
signer shall be deemed to have ceased to be a partner ; but
nothing herein contained shall exempt from liability any
person, who being a partner, fails to declare the same as
already provided, and such person may, notwithstanding
such omission, be sued jointly with the partners mentioned
in the declaration, or they may be sued alone, and if judg-
ment is recovered against them, any other partner or part-
ners may be sued jointly or severally, in an action on the
original cause of action, upon which suclr judgment was
rendei-ed, nor shall anything in this Ordinance be construed
to affect the rights of any partners with regard to each
other, except that no such declaration as aforesaid shall be
controverted by any signer thereof.
1 3. Upon the dissolution of any partnership, any or all of
the persons who compose such partnership, may sign a
Partnerships. 269
declaration certifying the dissolution of the partnership ;
such declaration may be in the form D of this Ordinance.
1 3. The said Registrar shall be entitled, for filing a de-
claration under this Ordinance, to a fee of fifty cents, and
for searches made in each of such books, the following fees,
and no more :
For sea'ching in the Firm Index Book, each firm Ten Cents.
For sefi'ohing in the Individual Index Book, each name. . Ten Cents.
For each oeitificate, when lequiied Twenty -five Cents.
FORM A.
{Vide Section 2.)
DECLARATION OF CO-PARTNERSHIP.
Nokth-Wb.st Terbitokibs, "i
Land Registration Dis- J-We,
tiict of j
of in (occupation), and ,of,
(occupation), hereby cevt-fy:
1. That we have carried on and intend to cany on trade and busi-
ness as at in paitnei ship under the
name and firm of (Or I or we) the undersigned, of
in hei eby cei tify that I (or we) have
cariied on and intend to carry on trade and business as
at in partnership with of ,
and of (as the case may be.)
2. That the said partnership has subsisted since the
day of , one thousand eight hundred and eighty
3. And that we (or I or we) and the said and
are and have been since the said day the only members of the said
partnership.
Witness our hands at this day of
one thousand eight hundred and eighty
270
Pcurtnerships.
FORM B.
(Vide Section 7.)
FIRM INDEX BOOK.
STYLE OF FIRM.
NAMES OF PERSONS COM
POSING THE FIRM, AND
THEIR RESIDENCES.
John Smith, Moose Jaw ....
Edward Ives, Regina
James Abbott, Calgary
George Abbott, Calgary
Arthur Beinaid, Troy
Alexander Johnson, Troy. . .
DATE OF FIL-
ING DEOLAB.
ATION. '
John Smith & Co ... .
James Abbot & Son. .
Bernard & Johnson . .
15 Sept., 1889.
10 Sept., 1889.
1 March, 1889.
FORM C.
{Vide Section 8.)
INDIVIDUAL INDEX BOOK.
NAME OF INDIVIDUAL
AND RESIDENCE.
Abbott James, Calgary
Abbott George, do
Bernard Arthur, Troy,
Johnson Alex., Troy. . .
STYLE OF FIRM OF
WHICH A MEMBER.
DATE OP
FILING DE-
CLARATION
James Abbott & Son.
do
Bernaid & Johnson. . .
Bernard & Johnson . .
10 Sept, 1889.
do
1 March, 1889
1 March, 1889.
Partnerships. 27 1
FORM D.
{Vide Section 12.)
DECLAKA.TION OF DISSOLUTION OF PARTNERSHIP.
North- West Tekmtories,
Land Registration Dis-
trict of
formerly a member of the firm of carrying on busineas
as at in the Land Registration District of
under the style of do hereby certify that the said part-
nership -was on the • day dissolved.
Witness my hand at the day of
one thousand eight hundred and eighty
272 Mortgages and Sales of Per.^onai Property.
CHAPTER 47.
AN OEDINANCE RESPECTING MORTGAGES AND
SALES OF PERSONAL PROPERTY.
Registration Districts, s. 1. Evidence, s. 14
Registration Cle.ks, s. 2. Discharge, ss. 15. 16
Registration, ss. 3, 4, 5, 6, 7.
Instruments, s.
Registration Officer, s. 9.
Duties, s. 10.
Renewal, s. 11.
Form of Statement, s. 12.
Affidavit f.ir, s. 13,
Assignment, s. 17.
Removal ( if Goods, s. 18.
Fees, s. 19.
Affidavits, s. 20.
Office hours, s 21.
Schedule
The Lieutenant-GoN'ernor, by and with the advice and
consent of the Legislative Assembly of the Territories, en-
acts as follows :
1 . For the purposes of registration of mortgages and other
transfers of personal property in the Territories, the follow-
ing shall be registration districts :
(«.) The registration district of " Moosomin," comprising
that part of Assiniboia eastward of the eleventh range of
townships west of the Second Meridian ;
{b.) The regi'^tration district of " Regina," comprising that
part of Assiniboia west of the registration district of- Moo-
somin, and east of the west line of the twenty-third range
of townships west of the Third Meridian ;
(c.) The registration district of " Medicine Hat," compris-
ing all that portion of Assiniboia west of the registration
district of Regina ;
(d.) The registration district of " Maeleod," comprising all
that part of Alberta lying west of the registration district
of Medicine Hat, and south of townships seventeen ;
(e.) The registration district of " Calgary," comprising
all that part of Alberta Ijang between townships sixteen
and forty -three ;
( f.) The registration district of " Edmonton," comprising
all that portion of Albei-ta lying north of townships forty-
two ;
((/.) The registration district of " Battleford," comprising
Mortgages and Sales of Personal Property. 273
all that portion of Saskatchewan lying west of the fifth
range of townships west of the Third Meridian ;
(A.) The registration district of " Prince Albert," compris-
ing all that portion of Saskatchewan lying east of the Bat-
tleford registi-ation district.
3. For the registration districts of Moosoniin, Regina,
Macleod, Calgary and Prince Albert, tlie clerks of the Su-
preme Court respectively shall be registration clerks^ and
for the registration districts of Medicine Hat, Edmonton,
and Battlefqrd, such persons as the Lieutenant-Governor
may appoint shaU be registration clerks, who respectively
shall keep their offices at Medicine Hat, Edmonton and
Battleford.
3. Every mortgage or conveyance intended to operate as
a mortgage of goods and chattels made in the Territories,
which is not accompanied by an immediate delivery and an
actual and continued change of possession of the tilings
mortgaged, shall, within fifteen days ^rom the execution
thereof, be registered as hereinafter provided, together with ,
the affidavit of a witness thereto, of the due 'execution of
such mortgage or conveyance and also with the afiidavit of
the mortgagee, or one of several mortgagees, or the agent of
the mortgagee or mortgagees, if such agent is aware of all
the circumstances connected therewith and is properly
authorized by power in writing attached to the same, to take
such mortgage, such last mentioned afiidavit stating that the
mortgagor therein named is justly and truly indebted to the
mortgagee in the sum mentioned in the mortgage,
that it was executed in good faith and for the express
purpose of securing the payment of money justly due
or accruing due, and not for the purpose of protecting
the goods and chattels mentioned therein against the
creditors of the mortgagor or of preventing the creditors of
such mortgagor from obtaining payment of any claim against
him ; and every such mortgage or conveyance shall operatCj
or take effect upon, from and after the day and time of the,
execution thereof.
4. In case of an agreement in writing for future advances
for the purpose of enabling the borrower to enter into and
carry on business with such advances, and in case of a mort-
gage of goods and chattels for securing the mortgagee re-
274 Mortgaje.H •<■ id Scde'i of Per.<on(d Property.
payment of such advances, or in case of a moi'tgage of goods
and chattels for securins the mortg-ao-ee against the endorse-
nient of any bills or promissory notes or any other liability
by him incurred for . the rnoi'tgagor, not extending for a
longer period than one j^ear from the date of the mortgage,
and in case the mortgag-e 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 there-
of, and by the affidavit of the mortgagee or one of several
mortgagees, or in case the agreement has been entered into
and the mortgage taken by an agent duly authoriz-
ed by writing attached to make such agreement
and take such mortgage, and if the agent is aware
of- the circumstances connected tlierewith, then, if
accompanied by the affidavit of such agent, such
affidavit, whether of the mortgagee or his agent, stating that
the mortgage truly. sets forth the agreement entered into
between the parties thereto, and truly states the extent of
the liability intended to be created by such agreement and
covered by such mortgagi.!, and that such mortgage is exe-
cuted in good faith and for the express purpose of securing
the mortgagee repayment of his advances or against the
payment of the amount of his liability for the mortgagor, as
the case may be, and not for the purpose ot securing the
goods and chattels mintioned therein against the creditors
of the mortgagor, nor to prevent such creditors from recov-
ering any claims which they may have against such mort-
gagor, and in case such mortgage is registered as herein-
S'ter provided, within fifteen days from the execution
thei-eof, the same shall be as valid" and binding as mort-
gages mentioned in the third section of this Ordinance.
5. Every sale, assignment and transfer of goods and
chattels not accompanied by an immediate delivery and fol-
lowed by an actual and continued change of possession of
the goofls and chattels sold, .shall be in writing, and such
writing shall be a conveyance under the provisions of this
Ordinance, and shall be accompanied by an affidavit of a
witness thereto of the due execution thereof, and an affida-
vit of the bargainee, or one of several bargainees, or of the
agent of the bargainee or bargainees, duly authorized in
writing to take such conveyance (a copy of which authority '
Mortgagee and Sal.e>^ of Personal Properly.
i/;>
slmll be attached to the conveyance), that the sale is bona
JicLe ami for good considei-ation, as set forth in the said con-
veyance, and not for tlie purpose of hohling or enabUng the
bargainee to hold the goods mentioned therein against any
creditors of the bargainor ; and such conveyance and affi-
davits shall be ivgistered as hereinafter provided .within fif-
teen days from tiiL- .execution thereof, otherwise the sale
shall be absolutely void as against the creditors of the bar-
gainor and as against subsequent purchasers of mortgao-ees
m good faith. , ^ "= °
4». Such registration shall only have etiectinthe registra-
tion district, wherein such registration has been made.
T. In case such mortgage or conveyance and affidavits are
not reg-istered as hereinbefore provided, or in case the con-
sideration for which the same is made is not duty expressed
therein, the mortgage or conveyance shall be ab.solutely null
and void as against creditors of the mortgagor, and against
subsequent purchasers or mortgagees in good faith for^'valu-
able consideration.
8. All the instruments mentioned in this Ordinance,
whether for the mortgage or sale, assignment or transfer of
goods and chattels, shall contain such sufficient ai d fall
description thereof, that the same may be readily and easily
known and distinguished, except in the ca>e of assignments
for the general benefit of creditors, in which case the des-
cription Ishall be sufficient, if it is in the following words :
"All my personal property which may be seized and sold
under execution," oi' words to that effiict.
J^. The proper registration officer for instruments, being-
mortgages and transfers of personal property, shall be the
clei-k of the i-egistration distiict in which the property des-
cribed in the mortgage or transfer is at the titne of the
the execution of the instrument ; such registration clerks
shall file all such instruments presented to them respectively
for that purpose, and shall endorse thereon the time of
receiving the same in their I'espective offices, and the same
shall be kept there for the inspection of all persons interested
therein, or intending or desiring to acquire any interest in
11 or any portion of the property covered thereby.
276 Mortgages and Sales of Personal Property.
10. Every such clerk shall number each instniinent or
copy filed in his office, and shall enter in alphabetical order
in a book to 1 le provided by him the names of all the parties
to such instrument, with the number endorsed thereon
opposite to each name ; and such entry shall be lepeated
alphabetically under the name of eveiy party thei-eto.
18. Every mortgage thereof filed in pursuance of this
Ordinance shall cease to be valid as against the creditors
of the persons making the same, and against subsequent
purchasers or mortgagees in good faith for valuable con-
sideration, after the expiration of one ynir from tlse filing
thereof, unless, within thirty days next p-f( ceding the expi-
ration of the said tana of one year, a statement exhibiting
the interest of the mortgagee in the property claimed by
virtue thereof, and a full statement of the amount still due
for principal and interest thereon, and of all payments made
on account thereof, is again filed in tlie offife of the registra-
tio:i clerk of the district, where the propei'ty is then
situate, with an affidavit of the iDortga.gee or of one of
se\'era! mortuagces. or of the a,-signec or one of se^■e)•al assign-
ees, or of the agent of the nioi'tga-ve or assignee, or mort-
gagees or .•I'^sigoees, duly authorized for tliat purpose, as tl
le
case may be, stating that such stateuients are true, and that
the said moi'tgage has not been kept on foot for any fraudu-
lent purpo
ose.
i'i. iSuch statement ami aflidavit shall V)e in the following
foi'm, or to the like effect :
STATEMENT exhibiting tJje interest of C. D. in the piopei ty
mentioned in tlie chattel nioitgage dated the day of
A. D., 18 , made between A. B., of of the one part,
and C. D., of of the other pait, and tiled in the office of
the legistration cleik of district (as the case
may be,) on the day of 18 , and
of the amount due for principal and interest thereon, and of all pay-
ments made on account fcheteof.
The said C. D is still the mortgagee of the said piopeity and has
not assigned the said mortgage (or the said E. F. is the assignee of the
said mortgage by virtue of an assignment thereof from the said C. D.
to him, dated the day of 18 ), or as
the case may be.
No payments have been made on account of the said mortgage, [or
the following payments, and no other, have been made on account of
the said mortgage :
Mortgages and Salen of Personal Property. 277
18 — Jan. 1. — Cash received $ ]
The amount still due for principal and interest on the said mortgage is
*he sum of dollars, computed as follows :
[Here give the computation.]
C. D.
North- West Tebritobies. I
To Wit. J
I, of the
mortgagee named in the chattel mortgage men-
tioned in the foregoing [or annexed] statement or
[assignee] of ' the mortgagee
named in the chattel mortgage mentioned in the
foregoini; [or annexed] statement, [as the case
may be], make oath and S'-iy :
1. Tliat tl'.e foregoing [or annexed] statement is true.
2. That the chattel mortgage mentioned in the said
statement has not been kept on foot for any frau-
dulent purpose.
Sworn before me at
in the North- West Territories,
this day of 18
13. The affidavit requii-ed by the eleventh .section.
of this Ordinance may be made by any next of
kin, executor dr administrator of any deceased mort-
gagee, or by an assignee having by or through
any mprtgagee, or any next of kin, executor or administrator
of am' such assignee ; but if tlie affidavit is made by any
assignee, next of kin, executor or administrator of any such
assignee, the assignment, or the several assignments through,
which such assignee claims, .shall be filed in the office in
which the mortgage is originally tiled, at or before the time
of such re-filing by such assignee, next of kin, executor or
administrator of such assignee.
14. A copy*of such original instrument, or of a copy
thereof, so filed as aforesaid, including any statement made in
pursuance of this Ordinance, certified by the registration clerk
in whose office the same has been filed, shall be received in
evidence in all courts^ but only of the fact that such instru-
ment or copy and statement, were received and filed accord-
278 Mortgages and Salcn of Pergonal Property.
ing to the endorsement of the cleric thereon, and of no other
fact ; and in all cases the original endorsement by the said
ckrk, made in pursuance of this Ordinance upon any such
instrument or copy, shall be received in evidence only of the
fact stated in such endorsement.
15. Where any mortgage of goods and chattels is regis-
tered under the provisions of this Ordinance, such mortgage
may be discharged by the filing in the office, in which the
same is registered, of a certificate signed by the mortgagee,
his executor'^ or administrators, in the form given in the
schedule hereto, or to the like effect.
I ft. The officer with whom the chattel mortgage is filed,
upon receiving such certificate, duly proved by the affidavit
of a subscribing witness, shall, at each place where the num-
ber of such mortgage has been entered with the name of any
of the parties thereto, in the book kept under section 10 of
this Ordinance, or wherever otherwise in the said book, the
said mortgage has been entered, write the words, "Discharged
by certificate number (stating the number of the certifi-
cate) :" and to the said entry such officer shall affix his
name, and he shall also endorse the fact of such discharge
upon the instrument discharged, and shall affix his name to
such endorsement.
1 7. In case any registered chattel mortgage has been as-
signed, such assignment may, upon proof by the affidavit of
a subscribing witness, be numbered and entered in the
alphabetical chattel mortgage book in the same manner as
a chattel mortgage, and the proceedings authorized by the
two next preceding section-; of tliis Ordinance may and
shall lie had upon a certificate of the assignee, pioved in
mannei- aforesaid.
18. In the event of the permanent removal of goods and
chattels mortgaged as aforesaid, frcm the registration dis-
trict in \vhich they were at the time of the execution of the
mortgage to another registration district, feefore the pay-
ment and discharge of the mortgage, a certified copj^ of such
mortgage, under the hand of the registration clerk in whose
office it was first registered and of the affidavit and docu-
ments and instruments I'elating thereto, filed in .such office,
shall be filed with the registration clerk of the district to
Alvrhjiuje.s and Sales of Pergonal Property. 279
which such goods and chattels ai'e renio\-ed within three
weeks f'roni such removal, otherwise the said goods' aitd
chattels shall be liable to seizure and sale under execution,
and_ in such case the mortgage shall be null and void as
against subsetiuent purchasers and mortgagees in good faith .
for valuable consideration; as if never executed.
11>. For services under this Ordinance, each clerk afore-
said shall be entitled to receive the following fees :
(1.) For tiling each instrument and affidavit, and for en-
tering the same in a book as aforesaid, fifty cents ;
(2.) For filing assignment of each instrument, and for
making all proper endorsements in connection therewith,
fifty cents ;
(3.) For tiling certificate of discharge of each instrument
and for making all proper entries and endorsements con-
nected therewith, fifty cents ;
(4.) For searching for each paper, twenty -five cents ;
(-5.) For copies of any document filed under this Ordi-
nance, ten cents for every hundied words ;
(6.) For every certificate, fifty cents.
30. All affidavits and affirmations required by this Ordi-
nance shall be taken and administered by any Commissioner
for taking affidavits. Justice of the Peace or Notai'y Pubiie
in or out of the Territories, or Registration Clerk, and the
sum of twenty -five cents shall be paid for every oath thus
administered.
131. The Registration Clei'ks under this Ordinance shall
keep their respective offices open between the hours of ten
in the forenoon and four in the afternoon, on all days ex-
cept Sundays and holidays, and except on Saturdays, when
the same may be closed at one o'clock in the afternoon, and
during office hours only shall registrations be made.
280 Mortgages and Sales of Personal Property.
SCHEDULE.
{Vide Section 15.)
FORM OF DISCHARGE OF MORTGAGE.
T(i the Registration Clerk of District
I, A. B., of do certify that
has satisfied all money due on, or to grow due on, a 3ertain chattel
niottgaue made hy to
which iaoitg,i,ge hears date the day of
A. D. 18 , and was remslered (or in the case the mortgage has been
renewed under sections eleven and twelve, was renewed) in the ofiBce of
the Registration Clerk of the District of
on the A.D. 18
as number (here mention the day and the date of registra-
tion of each assiamnent thereof, and the names of the parties, or men-
tion that such mortgage has not been assigned, as the fact may be); and
that lam the person entitled by law to receiv« the money ; and that
such iiioitgHge is therefore discharged.
Witness my hand this day of .4.D. , 18
Witness, [stating residence and occupation.]
Mi'r.hanlcK' Lie^is.
281
CHAPTER 48.
AN ORDINANCE TO ESTABLISH LIENS IN FAVOR
OF MECHANICS, MACHINISTS AND OTHERS.
Title, s. 1.
Intrepretation, s. 2. *
Who entitled to Lien, ss. 3, 4, 6.
Property upon which Lien to at-
tach, ss. 5, 6.
Owner may retain 10 per cent, of
price, s. 7
Sub-contractor's claim, s. 8.
Payment of 90 per cent, of con-
tract pi ice authorized, s. 9.
Extent of owner's liability, s. 10.
Claims against lieii-holders : May
be paid bj' owner of premises,
s. 11.
Arbitration, respecting, s. 12.
Failure to pay amount found due,
s. 13.
Arbitration respecting sub - con-
tractor's claim, s. 14.
Property not to be removed, s. 15.
Registration of claim, ss. 1(>, 19,
20, 21.
Claims for wages, s. 17.
Registrar's duty, s. 18
Expiry of Lien, ss. 22, 23, 24.
Death of Lien-holder, s. 25.
Discharge of Lien, ss. 26, 27. .
Enforcement of Lien, ss. 28, 29, 30.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative A.s.seiubly of the Territories,
enacts as follows :
1. This Ordinance may he cited as
Ordinance."
The Mechanics' Lien
3. In this Ordinance the words
(1.) "Contractor" means a person contracting with or
employed directly by the owner for the doing of work or
placing or furnishing of machinery or materials for any of
the purposes mentioned in this Ordinance.
(2.) " Sub-contractor " means a person not contracting with
or employed directly by the owner for the purposes afore-
said, but contracting with or employed by the contractor or
under him by another " sub-contractor."
(8.) " Owner " shall extend to and include a person having
any estate or interest in the lands upon or in respect of
which the work is done, oi* materials or machinery are placed
or furnished, at whose request and upon whose credit or on
whose behalf or consent or for whose direct beneiit any such
work is done, or materials or machinery placed or furnished,
and all persons claiming under him whose rights are
282 Mcclid/nies Liens,.
acquired after the work in respect of which the lien is
claimeil is commenced, or the materials or machinery fur-
nished have been commenced to he furnished.
3. No agreement shall be held to deprive any one other-
wise entitled to a lien under this Ordinance, and not a party
to the agreement, of the henelit of the lien, but the lien shall
attach notwithstanding- such agreement.
4. Unless he signs an express agreement to the contrary,
every mechanic, machinist, builder, miner, labouier, con-
tractor, or other person doing work upon ■ or furnishing
materials to be used in the construction, alteration or repair
of any building or erection, or erecting, furnishing or plac-
ing machinery of any kind in, upon or in connection with
any building, erection or mine .shall, by virtue of being so
employed or furnishing, have a lien for the price of the
work, machinei')' or materials upon the building, erection or
mine, and the lands occupied thereby or enjoyed therewith,
limited in amount to the sum justly due to the person
entitled to the lien.
5. The lien shall attach upon the estate and interest of
the owner, as defined hy this Ordinance, in the building, erec-
tion or mine, or in respect of which this work is done, or the
materials or machinery placed or furnished, and the land
occupied thereby or enjoyed therewith.
(2.) In eases wliero the estate or interest charged by the
lien is leasehold, the fee simple may also, with the consent
of the owner thereof, be subject to said charge, provided such
consent is testified by the signature of such owner upon the
claim of lien at the time of the registering thereof, and duly
verified.
(3.) In case the land upon or in respect of which any
work as aforesaid is executed, or labor performed, or upon
which materials or machinery are placecl, is incumbered by
a pi'ior mortgage or other charge, and the selling value of
the land is increased by the construction, alteration or
repairs of the building, or by the election or placing of the
materials or machinery, the lien under this Ordinance shall
be entitled to rank upon the increased value in priority to
the mortgage or other charge.
6.
Without prejudice to any lien; which he may have
Mvclianicii' Liens. 283
under the preceding sections, every nieclianic, laborer, or
other person, A\ho performs labor for wages upon the con-
struction, alteration or repairs of any building or erection, or
in erecting or placing machinery of any kind in, upon or in
connection with any building, erection or mine, shall to the
extent of the interest of the owner have, upon the building,
erection or mine, and the land occupied thereby or enjoyed
therewith, a lien for such wages, not exceeding the wages of
thirtj^ days, oi- a balance equal to his wages for thirty days.
(2.) The lien for wages given by this section shall attach,
when the labor i,-- in rcopcct of a building, erection or mine
on property bdonging to the wife of the person at whose
instance the work is done, upon the estate or interest of the
wife in such property as well as upon that of her husband.
T. In all cases, the owner shall, in the absence of a stipu-
lation to the contrary, be entitled to retain, for a period of
thirty days after the completion of the contract, ten per
centum of the price to be paid to the contractor.
8. In case the lien is claimed hj a sub-contractor, the
amount which may be claimed in respect thereof shall be
limited to the amount payable to the contractor or sub-con-
ti'actor (as the case may be) for whom the work has been
done; or the materials or machineiy have been furnished or
placed.
9. All payments, up to ninety per centum of the price to
to be paid for the work, machinery or materials, as defined
by Section 4 of this Ordinance, made in good faith by the
owner to the contractor, or by the conti'actor to the sub-
conti-actor, or by one sub-contractor to another sub-con-
tractor, before notice in writing by the person claiming the
lien has been given to such owner, contractor or sub-con-
tractor (as the case may be) of the claim of such persons
shall operate as a discharge pro tanto of the lien C]'eated by
this Ordinance, but this section shall not apply to any pay-
ment made for the purpose of defeating or impairing a claim
to a lien existing or arising under this Ordinance.
(2.) A lien shall, in addition to all other rights oi- reme-
dies given by this Ordinance, also operate as a charge to the
extent of ten per centum of the price to be paid by the
owner for the work, machinery or materials, as defined by
Section 4 of this Ordinance, up to ten days after the com-
284 Mechanicn' Liens.
pletion of the M^ork, or of the delivery of the materials in
respect of which such lien exists, and no longer, unless
notice in writing be given as hei'ein provided.
(3.) A lien for wages for tliirty days, or for a balance
equal to the wages for thirty days, shall to the extent of
the said ten per cent, of the price to be paid to the con-
tractor have priority over all other liens under this Ordin-
ance and over any claim by the owner against the conti'act-
or for, or in consequence of, the failure of the latter to com-
plete his contract.
10.. Save as heiein provided, the lien .shall not attach so
as to make the owner liable to a greater sum than the .sum
payable by the owner to the contractor.
1 1 . All persons furnishing material to or doing labor for
the person having a lien undei- this Ordinance in respect of
the subject of such lion, who notify the owner of the prem-
ises sought to be affected thereby, within thirty days after
such material is furnished or labor pei-formed, of an unpaid
account or demand against such lien holder for such
material or labor, shall be entitled, .subject to the provisions
of Sections 6 and 9 of this Ordinance.to a charge therefor
pro rata upon any amount payable by such owner under
said lien ; and if the owner thereupon pays the amount of
such charge to the person furnishing material and doing
labor as aforesaid, snch payment shall be deemed a satisfac-
tion pro tanto of such lien.
i'i. In case of a di.spute as to the validity or amoant of
an unpaid account o]- demand, of which notice is given to
the owner under the preceding section, the same shall be
first determined by action in the Supreme Court in that
behalf, or by arbitration in manner mentioned in Section 14
of this Ordinance, at the option of the person having the tm-
paid account or demand against the lien holder ; and, pending
the proceedings to determine the dispute, so much of the
amount of the lien as is in question .therein may be withheld
from the person claiming the lien.
13. In case the person primarily liable to the person giv-
ing such notice, as mentione(l in Section 1 1 of this Ordinance,
fails to pay the amount awarded within ten days after the
award is made, the owner, contractor or sub- contractor may
Mechanics' Liens. 285
pay the same, out of any moneys due by him to the person
pi-imarily liable as aforesaid, on account of the work done or
materials'or machinery furnished or placed in respect of which
the debt arose ; and such payment, if made after an award, or
if made A\ithout any arbitration having been previously had
or dispute existing, then, if the debt in fact existed, and to
the extent thereof, shall operate as a discharge pro tanto of
the moneys so due as aforesaid to the peison primarily li-
able.
S4. In case a claim is made by a sub-contractor in i-espect
of a lieu on which he is entitled, and a dispute arises as to
the amount due oi- payable in i-espect thereof, the same shall
be settled by ai-bitration.
(2.) One arbitrator shall be appointed by the person mak-
ing the claim, one by the person by whom he was employed,
and the third ai'bitrator by the two so clioseu.
(3.) The dl'ci^ion of the arbitrators or a majoirfcy of them
shall be linal and conclusive.
(4.) In case either of the parties interested in &a\ such
dispute refuses or neglects, within three days after notice in
writing rec|uiring him to do so, to appoint an arbitrator, ur if
the arbitrators appointed fail to agree upon a third, the ap-
pointment may be made by the Judge of the judicial dis-
trict in which the lands, in respect of which the lien is
claimed, are situate.
!.*. During the continuance of a lien, no portion of the
property or machiner}' affected thereby shall be removed to
the prejudice of the lien ; and any attempt at such removal
may be restrained by application to the Supreme Court or
the Judge thereof.
E6. A claim of hen applicable to the case may be de-
posited in the Land Titles Office of the Registration Dis-
trict in which the Jand is situated, and shall state:
(a.) The name and residence of the claimant, and of the
owner of the pi operty to be charged, and of the person for
whom and upon whose credit the work is done, or materials
or machinery furnished, and the time or period within which
the tame was, or was to be done or finished ;
(h.) The work done or material* O]- machinery furnished ;
(c.) The sum claimed as due, or to become due ;
(d.) The description of the land to be charged ;
286 Mechanics Liens.
(('.) Tlie date of expiring of the 'period of credit agreed to
bj- the lien liolder for payment for his work, materials or
ma:/liin!Ty, where credit has been given.
ST. A claim for wages may inclu(.le the claims of any
number of mechanics, laborer.^ or other persons aforesaid
who may clu.io.se to unite them. In such case, each claimant
shall verify his claim by his affidavit, but need not repeat the
facts set out in the claim, and an affidavit subscaaifcially in
accordance with Form 4 in the Schedule to this (.)rilinance
shall be sufficient.
18. The Registrar, upon payment of his fee, .shall file the
claim so that the same may appear as an incumbrance
against the land therein described ;
(2.) The fee for registration shall be tv,enty-five cents;
if several ])ersuns join in one claim, the Registrar shall have
a further tee of ten cents for every person after the first ;
(3.) The Registiai' shall not be bound to copy in any
regisD'Y iiook any claim or affidavit, but he shall number
each claim and shall insert in the alphabetical ami abstract
indexes the like particulars as in other cases ; he may de-
scribe the nature of the statement as " Mechanics Lien."
li>. Whciv a claim is so deposited, the person entitled to
the lien shall be ileemed a purchaser ^jro ftinfo.
30. Wiiere the lien is for waees under Sections 6 or 9
of this Ordinance, the claims may 1 le registered :
((t.) At any time within thirtj^ daj's after the last day's
labor, for which the ■\\ages are payable, or
{b.) At any time within thirty days after the completion
of the construction, alteration or repair of the building or
erection, or after the erecting or placing of the machinery,
in or towards which, respectively', the labor was performed,
and the wages earned, but so that the whole period shall
not exceed sixty day's from the last day's labor aforesaid.
(2.) Such lien shall not be entitled to the benefit of the pro-
visions of Sections 0 and 9 of this Ordinance, after the said
respective periods, unless the same is duly registered before
the expiration of the said periods so limited.
(3.) Such lien shall have the same priority for all pur-
poses after as before registration.
Mechanics' LienH. 287
'il. In other cases the claim of lien may be deposited
before or during the progress of the work, or within thirty
days f)-om the completion thereof, or from the supplying or
placing the machinery.
'Z'i. Ewrj lien which has not been duly deposited under
the provisions of this Ordinance shall absolutel ,- cease to
exist ou the expiration of the time hcreinbt-ff ire limited for
the registration thereof, unless in the meantime proceedings
are instituted to realize the claim, under the provisions of
this Ordinance, and a certificate thereof (which may be
granted by the Court or Judge before whom or in which the
proceedings are instituted) is duly filed in the registry office
of the land registration district, wherein the lanels in res-
pect of which the lien is claimed are situated.
'i3. Every lien which has been duly deposited under the
provisions of this Ordinance shall absolutely cease to exist
after the expiration of ninety days after the work has been
completed, or materials or machiner\' furnisliod, or wages
earned, or the expiiy of the perioil of credit, where such
perioel is mentioned in the claim of lien fileil, unless in the
me.intime proceedings are instituted to realize the claim
under the provisions of this Ordinance, and a certificate
thereof (which may be granted by the Court or Judge before
whom or in which the proceedings are instituted,) i.s duly
registered in the Land Titles Office of the Registration
District, wherein the lands in respect of which the lien is
claimed are situate.
34. If there is no period of credit, or if the date of expiry
of the period of credit is not stated in the claim so filed, the
lien shall cease to exist upon the expiration of ninety days
after the work has been completed or materials or machinery
furnished, unless in the meantime proceedings shall have
been institiited pursuant to" Section ^;! of this Ordinance.
35. In the event of the death of a lien-holder, his right
of lien shall pass to his personal representatives, and the
rio-ht of a lien holder may be assigned by any instrument in
writing.
36. A lien may be discharged by a receipt signed by the
claimant or his agent, duly authorized in writing, acknow-
28 J Mechanics' Liens.
ledging payment, and verified by affidavit and tiled. Such
receipt shall be numbered and entered by the registrar like
other instruments, but need not be 9opied in any book ; the
fees shall be the same as for registering a claim or lien.
•
XT. When there is a contract for the execution of the
work as hereinbefore mentioned, the registration of all dis-
cliai'ges of liens shall be at the cost of tlie contractor, unless
a Court or Judge otherwise oi'ders.
38. In all cases the lien may be realized in the Supreme
Court in the Judicial District, in which the land charged is
situated, acccirding to the ordinary procedure of that Court.
3S>. Any number of lien holders may join in one action,
and any action, brought by a lien holder, shall be taken to
be brought on behalf of all the lien holders of the same class
who shall have registered their liens before or within thirty
days aftei' the commencement of the action or who .shall,
within the said thirty days, tile in the proper office of the
Court, from which the writ issued, a statement entitled in or
refen-ing to the said action of their respective claims.
(2.) In thf event of the death of the plaintiff, or his
refusal or neglect to proceed, any other lien holder of the
same class who has registered his lieu or filed his claim in
the manner and within the time above limited for that pur-
po.se niay be allowetl to prosecute the action on such terms
as may be considered just and reasonable.
(3.) In case of a sale of the estate and interest charged
with the li(.'n,' the Court or Judge may direct the sale to
take place, at any timl after, one month from the recovery
of judgment, and it shall not be necessary to delay the sale
for a longer period, than is requisite to give reasonable
notice thereof,
(4.) The said Court or Judge may also direct the sale of
any machinery, and authorize its- removal.
(5.) When judgment is given in favor of a lien, the Court
or Judge may add to the judgment the costs of and inciden-
tal to registering the lien, as well as the costs of the action.
(6.) Where there are several liens under this Ordinance
against the same property, each class of the lien holders
shall, subject to the provisions of Sections 5, 9, and 11 of this
Ordinance, rank pari j)assw for their several amounts, and the
proceeds at any sale shall, subject as aforesaid, be distributed
Mecfiamcs' Liens. 289
amongst them pro rata, according to their several classes and
rights, and they shall respectively he entitled to execution for
any balance due to them respective!}- after said distribution.
(7.) Upon application the Court or Judge may receivB
security or payment into Court in lieu of the amount of the
claim, and may thereupon vacate the registry of the lien.
(S.) The Court or Judge may annul the said registry upon
any other ground.
(9.) In any of the cases mentioned in sub-sections 7 and
8 the Court or Judge may proceed to hear and detemiine
the matter of the said lien, and make such order as seems
just, and in case the person claiming to be entitled to such
lien has wrongfully lef used to sign a discharge thereof^ or
without just cause claims a larger sum than is foimd by
such Court or Judge to be due, the Court or Judge may
order and adjudge him to pay costs to the other party.
30. Where any mechanic, artisan, machinist, builder,
miner, contractor or any other person, has furnished or pro-
cured materials for use in the constrtiction, alteration or r&-
pair of any building, erection or mine, at the request of and
for some other person, such materials shall not be subject to
execution or other process, to enforce any debt (other than
for the purchase tho-eof) due by the person furnishing or
procuring such materials, and whether the same have or
hav3 not been in whole or in part worked into or made
part of such building or erection.
ti)0 Mecfui/nics Ltena.
SCHEDULE.
FORM 1.
«LAIM OF LIEN.
A. B., (name ef claimant) of (here state residence of claimant) {if
mi^ as fissignee of, statiTUj name and residence of assignor) under the
I!ffie<diafiics' Lien Ordinance claims a lien upon th.i estate of (here state
'mmm and residence of ovrnerr of the land upon which the lien is claimed)
ill the uudeniientioiied land in respect of the following work {or niateri-
als) that IS to say (here give a short description of the work done or
twateiials furnished and for which the lien is claimed), which work was
(;>r is to be) done, or uiiiteriula furnished for (here state the name and
rimdenee of the person upo'ii whose credit the work is done or materi-
als furnished) on or before the day of
Eie amount claiuied as due ((»• to become due) is the sum of $
The toUowint; is the description of the land to be charged : Qiere
set out a cmicvse description oj the land to he charged sufficient for the
pfwpese of registraUmi.)
When credit has be»n given insert : The said work was done (or
laaterials were furnished) on credit, and the p'lriod of credit asjveed to
•xpired (w will expire) on the day of 18
Vnted at this da.y of A D. 18
(Signature of Claimant )
FORM 2.
ni,UM OP LIEN FOR WAGES
A. B., (name of claimant) of (here state residence of claimant) {if so,
ui asdgnee of, stathig name and residence of assignor) under the
Mechftiiies' Lien Ordinance, claims a lien upon the estate of (here state the
iiiune and residence of the owner of land upon which the Hen is claini-
ed,) in the undermentinned land in respect of day's
work performed thereon while in the employment of (here state the
name 'tnd residence of the person upon whose credit the work was done)
on or before the day of
The amount claimed as due is the sum of $
The following is the description of laud to be charged (here set ou
a concise desc7-iption of the lands to be charged, sufficient for the purpose of
rt^istraiio'n.)
Bated at this day of
A^.D. 18
(Signature of Claimant.)
Mechanics Liens. 291
FORM 3.
The folliiwin<^ persuns under tlv; Mechnnioa' Lien Ordinance, claim
■A lien up .n the est.:ue of (here state the name and residence of the owner
of the lan.l) ill respact nf watjes for hibor pdvformed thereon, while in
euipioyaient of {here stute name rmd residence or names , and residences
of employers of the sei'eral persons ci'iiming the lien.)
A.
B.,
1 of (residence) §
for
days wages.
0.
U.,
of ^
for
days wages.
E.
F-,
of $
for
days wni;e<.
Th'i folioivins; is thy description of land to be uhari;ed (here set ont a
concise description oj the land to he charged sufficient for the purpose of
regi.stratton.)
Dated at this day of 18
(Signatures of the several ci-iiniaiits.)
FORM 4.
AFFIDAVIT VEKIFYISG CLAIM.
I, A.B., named in the above (or annexed claim) do make oaBii that
the said claim is true (or the said claim so far as it relates to me is true.)
Or,
Wd, A. B. and C. D., named in the above (or annexed)' claim, do
make oath, and each for himself saifch that the said clause, so f.ir a» it
relates to him, is true.
( Where affid ivit is made by agent or assignee, a clause must be added te
the following effect) : 1 have full knowledge ot the facts -set foitli in th*
above (or annexeit claim.)
Sworn before me at in "j
the North- West Territories this >
day of A.D. 18 J
Or, >
The said A. B. and C. D. were sev-~\
erally sworn before me at \
in the Noith-West Territories this/"
d.^y of A. D. 18 J
Or,
The said E. F. was sworn beforeA
me at in the North- I
West Territories this [
day of A.D. 18 ;
292 Frefereritud Ai-.^ignnieyils.
CHAPTER 49.
AN ORDINANCE RESPECTING PREFERENTIAL
ASSIGNMENTS.
Assignments in fraud of creditors I Assignments for beneiit of credi-
void, s. 1. I tors, s. 2.
The Lieutenant-Governor, by and with the advice and con-
sent of the Legislative Assembly of the Territories, enacts as
follows :
. 1. Every gift, conveyance, assignment, or transfer, deliv-
ery over, or payment of goods, chattels or efl'ects, or of bends,
bills, notes, securities, or of shares, dividends, premiums, or
bonus in any bank, companjr, or corporation, made by any
person at any time ■\\hen he is in insolvent circumstances, or
is unable to pay his debts in full, or knows that he is on the
eve of insolvency, with intent to defeat or delay or prejudice
his creditoj-s, or to gi^•c to any one or more of them a prefer-
ence over his other civditors, or over any one or more of them,
or which has such eifect, shall as against them be utterly void.
3. Nothing in this Ordinance shall apply to any deed of
assignment made and executed by a debtor for the purpose
of paying and satisfying ratably and proportionately, and •
without preference or priority, all the creditois of such
debtor, their just debts or any bona fcle sale of goods or
payment made in the ordinary course of trade or calling to
innocent purchasers or parties.
U/ioses in Action. 298
ft
CHAPTER 50.
AN ORDINANCE RESPECTING CHOSES IN ACTION.
Debts and Choses in Action assign-
able, li. 1.
Assignee, s. 2.
Pleadings in action, s. 3.
Rights to set off, etc , when pre-
served, ss. 4, 6.
Bonds, etc , of Corporations as-
signable, s. 6.
Not to apply to bills and notes, s. 7.
The Lieutenant-Governor, by and with the advice am
consent of the Legislative Assembly of the Territories-
enacts as follows : —
1. Every debt and a.ny chose, in adion, arising out of con-
tract, shall be assignable at law, by any form of writing,
which, shall contain apt words in that behalf, but subject to
such conditions and restrictions, in respect to the right of
transfer, as may appertain to the original debt, or as may be
connected with or be contained in the original conti-act, and
the assignee thereof may bring an action thereon, in his own
name, as the party might to whom the debt was originally
owing or to whom the right of action originally arose, or he
may proceed in respect of the same as though this Ordin-
ance had not been passed.
3. The term " assignee," in the next preceding section,
shall include an}' person now being or hereafter becoming
entitled to any first or subsequent assignment or transfer or
any derivative title to a debt or cliose in action, and possess-
ing, at the time of the suit or action being instituted, the
whole and entire beneficial interest therein and the right to
receive the subject or proceeds thereof, and to give effectual
discharge therefor.
3. The plaintiff in any action or suit for the recovery of
the subject of any assignment made in conformity with the
two next preceding sections, shall in his statement of claim
set forth briefly the chain of assignments showing how he
claims title, but in all other respects the proceedings may be
t^i Choses in Action.
the same as if the action were brought in the name of the
original creditor, or of the person to whom the cause of
action accrued.
4: In case of any assignment of a debt or chose in action,
arising out of contract, and not assignable by delivery, such
assignment shall be subject to any defence or set-off in res-
pect of the whole or any part of such debt or chose in action
arising out of contract existing at the time of the notice of
assignment to the debtor or person sought to be made liable,
in the same manner and to the same extent as such defence
or set-off' would be effectual, in case there had been no
assignment thereof, and such defence or set-off shall apply
jiS between the debtor and any assignee of such debt or chose
in action arising out of contract.
5. In case of any assignment made in conformity with
the provisions hereof, and notice thereof given to the debtor
or person liable in respect of the subject of such assignment,
the assignee shall have, hold and enjoy the same, free of any
claims, defences or equities, which may have arisen subse-
quent to such notice by any act of the assignor or otherwise.
6. The bonds or debentures of corporations made payable
to bearer, or any person named therein, or bearer, may be
transferred by delivery alone ; and such transfer shall vest
the property in such bonds or ■ debentures in the transferee
or in the holder thereof, and anjr such holder may bring any
action or suit on or in respect of any such bonds or deben-
tures in his own name.
7. The proceedings in the next preceding six Sections
shall _ not be construed to apply to bills of exchange, or
promif ory notes or instruments which are negotiable, or in
respect of which the property therein passes by mere
delivei y.
Receipts^ and Orders for Chattelts. 29i
CHAPTER 51.
AN ORDINANCE CONCERNING RECEIPT NOTIM,
HIRE RECEIPTS AND ORDERS FOS,
CHATTELS.
Provisions, s. 1.
The LientenaBt-Governor, I)}' and ^^•itll IJ'e a<hice ni>d
consent, of the Legishitive Assembly of the Terriloriw, «»-
acts as follows :
1. Notwithstanding any condition, proviso, or Hgreement
contained in any receipt note, hire receipt, or order for
chattels, given by a bailee of chattels, where the coriditicn of
the bailment is such that the possession of the chattel slionM
pass without any ownership therein being acquired by the
bailee, the maker thereof shall be liable only for the amomit
due or to become due by him on such chattel ; and sucth- re-
ceipt note, hire receipt or ordel" shall be of no effect as
against judgments, execiitions, or attachments issued out of
any Court in the Territories, or against any mortgagee or
hona fide purchaser for a greater amount than that a-ctTtaPy
due or to become due on the said receipt note, hii-e receipt
or order.
296 Costs of Distress.
CHAPTER 52.
AN ORDINANCE TO REGULATE THE COSTS OF
DISTRESS FOR RENT AND EXTRA-JUDICIAL
SEIZURE.
Costs of distress for rent, s. 1.
Costs of seizure under Chattel
■Mortgage, s. 2.
Penalty, s. 3.
Schedule, fees.
The Lieutenant-Governor, by and with the adviijp and
consent of the Legislative Assembly of the Territories, en-
acts as follows :
1. No person whosoever making any distress for rent,
nor any person whosoever employed in any manner in
making such distress, or doing any act whatsoever in the
course of such distress, or for carrying the same into effect,
shall have, take or receive, out of the proceeds of the goods
and chattels distrained upgn and sold, or from the tenant
distrained on, or from the landlord or from any other person
whomsoever, any other or more costs and charges for and in
respect of such distress or any matter or thing done therein,
than such as are fixed in the schedule hereunto annexed,
»ii.; ;i.i.i.lic-ib)e to each proceeding, which shall, have been
taken in the course of such distress, and no person or per-
sons whosoever shall make any charge whatsoever for any
act, matter or thing mentioned in this Ordinance, or in the
said Schedule, unless such act, matter or thing shall have
been really performed or done.
3. No person whosoever, making any seizure under the
authority of any chattel mortgage, bill of sale or any other
extra-judicial process whatsoever, nor* any person whoso-
ever, employed in any manner in making such seizure
or doing any act whatsoever in the course of such
seizure, or for carrying thb same into effect, shall
liave, take or receive out of the proceeds of the
goods and chattels seized and sold from the person
s^ainst whom the seizure may be directed, or from any other
person whomsoever, any other or more costs and charges for
Costs oj Distress. 297
and in respect of snch seizure, or any matter or thing done
therein or thereunder than such as are fixed in the Schedule
hereunto annexed and applicable to each act, which shall
have been done in course of such seizure, aiid no person or
persons whosoever shall make any charge whatsoever for
any act or matter or thing mentioned in the said Schedule
unless such act. matter or thing shall have heen really per-
formed or done.
3. If any person making any distress or seizure I'eferred
to in Sections one and two of this Ordinance shall take or re-
ceive any other or greater costs than are set down in the
said Schedule or make any charge whatsoever for any act
maimer or thing mentione.l in the said Schedule
and not really performed or done, the party ag-
grieved may cause the party making the said distress or
seizure to be summoned before the Supreme Court of the
Julicial District, in which the o-oods and chattels distrained
upon or seized or some portion thereof lie, and the said
Court may order the party, making the distress or seizure, to
pay to tlie party aggrieved treble the amount of the moneys
taken conti'ary to the provisions of this Ordinance and the
costs of suit.
SCHEDULE.
1. Levying distress $1.00
2 Man in possession, per day 1.50
3 Appraisement, whether by one appraiser or more, two cents on the
dollar on the value of goods up to $500, and one per cent,
on the doUar for each additional $500. or f i action thereof, up
to 12,000, and one half p r cant, on all sums ovei- that amount.
4. All reasonable and necessary disbursements for adveriishig.
6- Catalogue, sale, commission and delivery of goods, three per cent,
on the net proceeds of the goods up to $1,000, and IJ per
cent, thereafter.
298 JJistreiss for Interest upon Mortgages.
CHAPTER 53.
AN ORDINANCE RESPECTING DISTRESS FOR
INTEREST UPON MORTGAGES.
Right of Mortgagee to distrain limited, s. 1.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories,
enacts as follows : —
I. The right of mortgagees to distrain for interest' due
upon mortgages shall be limited to the goods and chattels of
the mortgagor only, and as to such goods and chattels, only
such as are not exempt from seizure under execution.
Real Property Held by Two or More Persons. 299
CHAPTER 54,
AN QRDI^JANCE TO DECLARE THE LAW RES-
PECTING REAL PROPERTY HELD BY TWO OR
MORE PERSONS.
Grantees in certain cases to take as tenants in common, s. 1.
The Lieutenant-Governor, by and with the advice and
conggnt of the Legislative Assembly of the Territories, en-
acts as follows :
!• Whenever by any letters patent, conveyance, assur-
ance, will or other assignment, land is granted, conveyed or
devised to two or more persons, other than executors or
trustees, in fee simple or for any less estate, legal or equit-
able, such persons shall take as tenants in common and not
as joint tenants, unless an intention sufficiently appears on
the face of such letters patent, conveyance, assurance, will
or other assignment, that they take as joint tenants.
300 Fersons Killed by Accidents.
CHAPTEE 55.
AN ORDINANCE RESPECTING COMPENSATION TO
THE FAMILIES OF PERSONS KILLED BY
ACCIDENTS.
Interpretation, s. 1. 1 For whose benefit action may be
Who may maintain action for dam- brought, s. 3.
ages, s. 2. Limitations, s. 4.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories,
enacts as follows :
1. The following words and expressions shall have in
this Ordinance the meanings hereby assigned to them res-
pectively, so far as such meanings are not excluded by the
context or by the nature of the subject matter : —
(L) " Parent " shall include father, mother, grandfather,
grand-mother, step-father, step-mother and
(2.) " Child " shall include son, daughter, grandson, grand-
daughter, step-son and step-daughter.
Z. Whenever the death of a person has been caused by
such wrongful act, neglect or default, as would (if death had
not ensued) have entitled the party injured to maintain an
action and recover damages in respect thereof, in each case
the person, who would have been liable, if death had not
ensued, shall be liable to an action for damages, notwith-
standing the death of the person injured.
3. Every such action shall be ,f or the benefit of the wife,
husband, parent, child, brother or sister of the person whose
death has been so caused, and shall be brought by and in the
name of the executor or administrator of the person de-
ceased, and in every such action the Court may give such
damages, as it thinks proportioned to the injury resulting
from such death, to the parties respectively, for whom and
for whose benefit such action has been brought.
Persons Killed by Accidents. 301
■ 4. Not more than one action shall lie for and in respect
of the same subject matter of complaint, and every such
action shall be commenced within twelve months after the
death of the deceased person.
302 Li'initaiwThs of A(iti)ii.s in Q'ertain Canefi.
CHAPTER 56.
AN ORDINANCE RESPECTING LIMITATION OF
ACTIONS IN CERTAIN CASES.
Limitation of certain actions, s. 1.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, en-
acts as follows :
1. All actions for recovery of merchants' accounts, bills,
notes, and all actions of debt gi-ounded upon any binding or
other contract, without speciality, shall be commenced and
sued within six years after the cause of such action arose.
Office oj Sheriff. 30:3
CHAPTER 57.
AN ORDIlsrANCE RESPECTING THE OFFICE OF
SHERIFF,
Office hours, s. 1.
Duties, ss. 2, 3.
Books, s. 4, 5, 6.
Effect of death or removal, ss. 7,
8, 9.
Liability of sureties, ss. 10 to 16,
incl.
Sheriff or his officers not to pum.
chase at sales, s. 17.
Penalty, ss. 18, 19.
Procedure when Sheriff' or Deputy
refuses to act, s. 20.
In case of death or removal, etc.,
Deputy to act, s. 21.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, en-
acts as follows :
1. It shall be the duty of every Sheriff to keep his office
open between the hours of ten in the forenoon and four in
the afternoon on all days, except Sundays and holidays, and
except Saturdays, when the same may be closed at one
o'clock in the afternoon.
'i. Every Sheriff shall make a return, on the first day of
the months of January and July in each year, verified on
oath before a Judge, to the Lieutenant-Governor, showing
the emoluments of his office during the six months next pre-
ceding.
3. The Sheriff shall keep in his office, open to the inspec-
tion of any person, the following books, namely :
(1.) Process Books — in which shall be entered a -memor-
and.um of every process, other than writs of execution, or
writs in the nature of writs of execution, received by the
Sherifi" the Court out of which the same issued, the date of
the receipt, the nature of the process, the names of the par-
ties thereto, the Advocate by whom issued, the date of the
return and the nature of the return made thereto, or what
was thereunder or therewith done respectively ;
(2.) Execution books, for goods and lands respectively.in
which shall be entered a memorandum of every writ of ex-
ecution, or writ in the nature of a writ of execution, the
Court out of which the same issued, the names of the parties
304 Office of Sheriff.
thereto, the Advocate by whom issued, the date of return,
and the nature of the return made thereto, or what was
done thereunder or therewith ; and
(3.) A cash book, in which shall be entered all cash
received or paid away by the Sheriff in his official capacity,
or in connection with his office, for any service whatever
— for fees, poundage, service of process and papers, attend-
ance at Courts, moneys levied under execution, or under
writs in the nature of writs of execution, or otherwise,
the date, of the receipt or payment, the cause, matter or
service in which, or on account of which, the same was re-
ceived or paid away.
(4.) And a seal of office.
4. The said books and seal shall be supplied out of the
General Fund of the Territories.
n
5. All books, accounts, records, papers, writs, warrants,
process, moneys and other uiatteis and things in the posses-
sion or unde]' the control of any Shei'iif, by virtue of, or ap-
pertaining to his office as Sheriff', thall 1 e the property cf
the Government of the Territories, and the same and
every of them shall, immediately upon the resignation,
removal from office or death of any such Sheiiff, be,
by the party in whose possession or control they may come
or happen to be, handed over to and taken possession of by
the successor in office of such Sheriff, or such person as the
Lieutenant-Governor may appoint to receive the same.
6. No person except the successor in office of the Sheriff
so resigning, being removed or dying, or the per'Son so to be
appointed by the Lieutenant-Governor as aforesaid, shall
take, have, or hold any such books, accounts, records, papers,
writs, warrants, process, moneys, or other matters or things ;
and any person having or holding any of the matters afore-
said shall forthwith on demand deliver oveV the s me and
every of them to the said succeeding Sheriff or to the per-
son so to be appointed as aforesaid ; and upon any such per-
son neglecting or refusing so to do, on conviction thereof
before a Judge of the Supreme Court, he shall be liable to
pay a penalty not exceeding one hundred dollars.
1. The Sheriff, after resigning office, or removal from
office, or his heirs, executors or administrators, shall or may,
Office of Sheriff. 305
at auy and at all time oi- times thereafter liave the right
and be at liberty to hav(? access to, search and examine into
any or all accounts, books, pape-s, warrants and process of
whatever kind, and all other matters or things which wer«
forinerly in possession of him the said Sheriff before his
resignation or removal, and which at the time of making or
requiring to make such search or examination a^e in the
posSLVssion or control of the succeeding Sheriff, free of all
costs, charges and expenses.
8. In case of the death, resignation or removal of th*
Sheriff, or of any Deputy, where there is no Sheriff, after h«
has made a sale of lands but before he has made a deed of
conveyance of tlie same to the purchaser, such deed of coa-
ve\'aiice sh.ill be m;vde to the purchase)- by the Sheriff, or
the J^epufcy Sheriff, who is in office acting as Sheriff as
aforesaid, at the time when the deed of conveyance is made.
t^. If the Sheiitf goes out of office during the currency of
any writ of e.Kefu'ioa against lands, and before the .sale, such
writ shall be executed and the sale and conveyance of the
lauils be made by liis successor in office, and not by the old
Sheriff
1®. The sureties of the Sheriff shall be liable to indemnify
the party or parties to any legal pi'oceedings against any
omission or default of the Sheritfin not p;iying over monej'-s
received by him, and against any damage .sustained by any
such party or parties in consequence of the Sheriff's wilful
or neglectful misconduct in his office, and the Sheriff shall be
joint defendant in any action to be brought upon the covea-
ant or security given by the Sheriff. •
1 1. Any person sustaining any damage, by reason of any
such default or misconduct of any Sheriff, may bring and
maintain an action upon the said covenant or security for
such default or misconduct, and such action shall not he
barred by reason of any prior recovery by the same party
upon the covenant, or security of any judgment rendered
for the defendant in any prior action upon the same eovea-
ant, or security, or by reason of any other action being then
depending upon the same, either at the suit of the same
plaintiff, or of any other party, for any other distinct cause
of action.
i©6 Office of sheriff.
... 13. If upon the trial of any ac':io-i upon any such coven-
ajat o;.' security, it is made to appear that tlie plaintiff is
entitled.. to recover, and that the itmouut, which such surety
6as paid or become liable to pay, as hereinafter mentioned,
■is not equal to the full amount for which he became surety,
ihe Coui't, after deducting- from dich fall amount the sums
which he has so paid or become liable to pay, as aforesaid,
sliall reader judgment against him for any sum not exceed-
ing' the balance of the sum for which he became surety.
i 3. Where any such surety actually and hona fide, and of
his own proper moneys and effects, has paid or become liable,
by-, virtue of a judgment or judgments recovered against
Earn, upon his said covenant or security, to pay an amount
eqval to the amount specified on the said covenant or se-
curity, for which he became surety, such covenant or
security shall as to him be deemed to be discharged and
satisfied, and no other or further sum shall be recovered
against him.
1 4. It shall be competent for the Supreme Court, or a
Judge thereof, upon proof to the satisfaction of the Court,
or Judge, of such payment or liability, in a summary
manner, and at any stage of the cause, by stay of pro-
eeedings or otherwise, to prevent the recovery against any
such surety of any further sum than the amount specified
in his covenant or security, and for which he may have
become surety.
1 5. Upon every writ of execution, under a judgment re-
covered on such covenant or security, the plaintiff or his attor-
Hey shall,by an endorsement on the writ.direct the Coroner or
other officer charged with the execution of such writ to levy
the adiount thereof upon the goods and chattels of the Sheriff
in the first place, and in default of goods and chattels
of the Sheriff to satisfy the amount, then to levy the same
or the residue thereof of the goods and chattels of the other
defendant or defendants in such writ, and so in like manner
with any "writ against lands and tenements upon a judg-
ment on any such covenant or security.
16. Notwithstanding a Sheriff' may have forfeited his
fa^ce and become liable to be removed therefrom, the
Bability of himself and his sureties shall remain, until a new
Sheriff" has been appointed and sworn into office.
Office of Sheriff. .S07
11. No Sheriff, Deputy Sheriff, BaiM'or Constable, shall
directly or indirectly purchase any goods or chattels, lands,
or tenements, by him exposed to sale under execution.
18. If any Bailiff or Constable entrusted with the execu-
tion of any writ, warrant, process, mesne or final, wilfully
misconducts himself in the execution of the same, or wilful-
ly makes any false return to such writ, warrant or process,
unless by the consent of the party in whose favor the pro-
cess issued, he shall answer in damages to any party
aggrieved by such misconduct or false return.
1 9. Every Deputy Sheriff, Bailiff or other Sheriff's Officer
or Clerk, entrusted with the custody of any writ or process,
or of any book, paper or document belonging to the said
Sheriff or his office, shall, upon demand upon him by such
Sheriff, restore and return such writ, process, book, paper or
document, to the custody of the said Sheriff, and in case of
any neglect or refusal to return or restore the same as afore-
said, the party so neglecting or refusing may be required
by an order of the Supreme Court, or of any Judge of siich
Court, to return and restore such writ, process, book, paper
or document .to such Sheriff, and may be further proceeded
against by attachment, as in other cases of contumacy to
orders or rules of Court.
20. If any Deputy Sheriff, Bailiff, or Sheriff's Officer shaU
have in his possession, custody or control, any writ of sum-
mons, fieri facias, or other writ, or any bench warrant or
process whatsoever, and shall upon demand made by the
Sheriff from whom the same may have been received, or his
successor in office, or by any other party entitled to the
possession of the same, neglect or refuse to deliver up the
same, such Sheriff or his successor in office, or the party en-
titled to the possession of the same, may proceed _ by_ .sum-
mons and order before any Judge having jurisdiction in the
Court out of which such writ or process issued, to compel
the production thereof; which order may be enforced in the
same manner as like orders for the return of writs against
Sheriffs, and with or without costs, or be discharged with
costs against the party applying, in the discretion of the
Judge aforesaid.
•^1. In case a Sheriff dies, resigns his office, and his resign
308 Offi.ce of Sheriff.
nation is accepted, or is removed therefrom, the Deputy
Sheriff by him appointed shall nevertheless continue the
office of Sheriff, and execute the same and all things belong-
ing thereto in the name of the Sheriff so dying, resigning or
being removed, until another Sheriff has been appoin,ted "and
sworn into office ; and the said Deputy Sheriff shall be an-
swerable for the execution of the said office in all respects
and to all intents and purposes whatsoever, during such
interval as the Sheriff so dying, resigning, oi- having heen
removed would hy law have been, if he had been living or
continuing in office, and the security given to the Sheriff so
deceased, resigning or being i-emoved, by his said Deputy
Sheriff, and his pledges, as well as the security given by the
said Sheriff shall remain and be a security to the Queen,
Her Heirs and Successors, and to all persons whatsoever, for
the due and faithful performance of the duties of his otEce
during such interval by the said Deputy Sheriff
Civil Jujiti
ire.
30f)
CHAPTER 58.
AN ORDINANCE RESPECTING THE ADMINISTRA-
TION OF CIVIL JUSTICE.
Note.— The memorfindum at the end of sections, wherever to bo found, is in-
tended to iiidici'te the souri e from which the provisions therein expressed hayo
been transcribed or adopted:
"S "o'®^'''"* "^'^ "^^ -I'^nglish Judicature Rules of 1883.
. So''-'- "f*^'" 'o th*" Revised Statutes of Ontario, 1887.
■R.S.M. refers to the Revised Statutes of Manitoba.
Title, s. 1.
Interpreta'i"!! of terms, a. 2.
JurisdLc'ion, ss. 3 to 7, incl.
Rules of 'La.vf, ss H, 9.
Security . .f Clerk and Sherifl", ss.
10 t . 13, incl.
Oath of ofiice, s. 14.
Vacancy Clerk's Office, how filled,
s. 15.
.Clerk's duties, s. 16.
' Procedure, st. 17 to 31, incl.
Parties, ss. 32 1. > 42, incl.
Paitiiers, ss 43, 4^.
Persons under disability, s. 45.
Third party proceduie, ss. 46 to
48, inol-
Change of parlies, ss. 49ti.52, incl.
Joinder of causes for action, s. 53.
Plea.iing generally, ss. 54 to 126,
incl.
Setting down for trial and trial, ss.
127 to 130, inc!.
Decla'ation of right may be sought,
y s. 131.
Plaintiff may discontinue, s. 132.
Withdrawing trial, s. 133.
Defendant's costs, s. 134.
Subsequent costs, s. 135.
Amendment, ss 136 to 143, incl.
Disc'iveiy and inspection, ss. 144
to 153, incl.
Admission-!, ss. 154 to 159, incl.
Issues, enquiries, and accounts, ss.
160 to 167, incl.
Sp-ciil case, ss. 163 to 171, incl.
Pfoce.)dings at trial, ss. 172 to 179,
incl.
Inquiry and reference as to dama-
ges, ss. 180, 181.
Evidence generally, ss. 182 to 184,
iuol.
Examination of witnesses, ss. 185
to 205, incl
Subpoena, ss 206 to 208, incl.
Pel petuating testimony, ss. 209 to
211, incl.
Foreign judgment, s. 212.
Affid-iviis and dep"sitioiis, as. 213
to 236, incl.
Motion for judgment, ss. 237 to
244, incl
Judgment and entiy of judgmpnt,
ss 215 to 253, incl.
Execution, ss 254 to 300, incl.
Discovery in aid of execution, ss.
301 tn 304, incl.
Oarnishment, ss. 305 t'i312, incl.
Ord-r f 'r inteiim preservation, s.
313.
Sale of perishable goods, s. 314.
Order for' preservation or inspec-
tion, s. 815.
Inspection, s. 316.
Amount of lien — payment into
Court, s 317.
Appropriation of income, s. 318.
Conduct I 'f sale, s. 319.
Injunction, ss. 320, 321.
Receivers, ss, 322 to 326, incl.
Attachment, ss. 327 to 335, incl.
Replevin, ss. 336 to 340, incl.
Interpleader, ss. 341 to 356, incl.
Lunatics, ss, 357 to 371, incl.
310
ICivil Justice.
Guardianship of infants, ss. 372 to
381, incl.
Custody of infants, ss. 382 to 385,
incl.
Estate of infants, ss. 386 to 394,
incl.
Probate, ss. 395 to 401, incl
Motions and other applications, ss.
402 til 410, incl.
Mandamus, ss. 411 to 414, incl.
Proceedings at Chambers, ss. 415
to 431, incl.
Court in Bano, ss. 432 to 449, incl.
Costs, ss. 450 to 456, incl.
Fees, ss. 457 tn 466, incl.
Forms, s. 467.
Actions against public officers, .p.
468.
Sales of real estate, s. 469. Jj
Alias and concurrent writs, s. 470.
Commissioners fortaking affidavits,
ss. 471, 472.
Priicess issuers, s. 473.
Laws of evidence, s. 474.
Minors, s. 475.
Sittings adjourned," s. 476.
Service (jf pleading, etc., ss. 477,
478:
Procedure in cases not provided, «.
479.
Biiok and forms, s. 480.
Record of foimer Courts, ss. 481,
482.
Vacation, sa. 483, 484.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, en-
acts as follows :
SHORT TITLE.
t. This Ordinance may be cited as " The Judicature Or-
dinance."
INTERPRETATION OB' TERMS.
3. In the construction of this Ordinance, unless there is
anything in the subject or context repugnant thereto, the
several words hereinafter mentioned or referred to shall
have or include the meaning following :
(1.) " Cause" includes any action, suit, or other original
proceeding between a plaintiff and a defendant.
(2.) "Action" includes suit and means a civil proceeding
commenced by writ, or in such other manner as may be pre-
scribed ' )y this Ordinance ;
(3.) ' Ylatter '' includes every proceeding in the Court not
in a ca' se ;
(4.) "Originating Summons" means a summons by which
proceedings are commenced without writ ;
(.5p_ " Plaintiff,'; "Petitioner," " Defendant," " Party," "Per-
son," include bodies politic or corporate holding the relations
of plaintiff, defendant or party ;
(6.) "Receiver" includes consignee or manager appointed
hy or under an order of the court ;
Civil Judice. 311
(7.) "Sherifi"" includes deputy-sheriff', duly-appointi?d'
bailitfs,_ coroner, and other person discharging the duties d'
sheriff" in the particular case, or for the time being.;
(8.) " Pleading " includes any petition or summons, asoA
shall also include the statement in writing of the claim <»•
demand of any plaintiff", and of the defence of any defcB-'
dant thereto, and of the reply of the plaintiff' to any couuter'
claim of a defendant;
(9.) " Judgment " includes decree ;
(10.) " Order " includes rule.
JURISDICTION.
3. The jurisdiction of the Supreme Court of the Norti-
West Territories shall be exei'cised, so far as regai'ds ,pr«- ■
cedure and practice, in the manner provided by this Ordin-
ance, and, where no special provisi*i is contained in this.
Ordinance, it shall be exercised as nearly as may be as ia
the High Court of Justice in England.
4. Suits shall be entered, and, unless otherwise ordei-ed,
tried in the Court holden in the judicial district where the
cause of action arose, or in which the defendant, or one oi"
several defendants, resides oi- cai'i-ies on business at the time
the action is brought.
■ 5. A Judge sitting in Chambers, if he shall announce that
he is sitting in Court, shall have, possess, exeicise and enjoy
all the powers and authorities, lights, privileges, immunities
and incidents of the said Court, and any judgment given w
decision or determination, or lule, order or decree made by
Lim while so sitting as aforesaid, in respect of any matler
lawfully brought befoie him, shall be subject to the p]-o\i-
sions in this Ordinance relating to appeal to the Ccaiit in
Banc. (R. S. M. p. 43G.)
%. In e^•ery case in which the Court has authoiity to
order the execution of a deed of convfeyance, ti'ansfer or
assignment of any property, real oi- personal, the Couit may
by order vest such real or personal estate in such person or
persons, and in such manner, and foi- such estates, as would
be done by any such deed, conveyance, assignment or trans-
fer, if executed ; and thereupon the order shall ha\-e tlie
same efl'ect as if the legal or other estate or interest in the
312 OiuU Jvbdici
I
roperty had Leon actually convej^ed, by deed or otherwise,
hv the samy estate or interest, to tlie persi.n in whom the
same is so ordered to be vested, or in the case of a vhosii. in
adwv, as if such ehosf in. act'wn had been actually assigned
to such la.st ineiiti(;r.t'd pcr.'M-ij, (R. S. 0., p. 453.)
1. The SupreuiL Couit, presided over by a single Judge,
for the transaction of the business of the Court, may sit and
act at any time and place in each Judicial District, as the
Judge usually exercising the juribdiclion of the Court
within such district aj points. (R. S..M., p. 436.)
fiULES oy LAW.
8o In every civil ear.pc or matter c( iiimenced in the
Supreme Couit, law and equity shall le administered by
such Court according to the i'c,l](A\ing lules : (C, -^2.)
(1.) If any plaintitF o]*petitioner claims to be entitled to
aiiy equitable estate or right, or to relief upon any equitable
ground, against ran' deed, instiument or contract, or against
any right, title o)- claiui whatsoever, asserted by any defen-
dant or respondent in such cause or raattei-, or to any relief
founded iq_'On a legul right, the Court shall give to such
plaintilf or petitioner such relief as would be given by the
High Court of Justice in Ejiglaiid in a suit or proceeding
for tlic same or a like purpose. (O., 52.)
('!.) If any defendant claiii;s to be entitled to any equit-
aijle estate or right, <.x to relief upon saij equitable ground
against any deed, instrument or contiact, or against any
right, title or claim, asscrtei' :y any plaintiii' or } eti-
tioncj in sucli cause i.r n^atter, the said Su[ rtme Ccuit
and e^"ery Judge the) <cf shaJ] give to evciy equitable estate,
right o]' ground of iclicf to claimed, and to eveiy etjuitable
defence so alleged, such pnd the same eWtct by ^\ay of
defence against the claim of such plaintiff or petitioner' as
the High Court of Justice i]i England would give if the
same or the like matters had been relied on by way of
deffiico in any suit or proceeding instituted in that Court
for the same or the like purpose, (0., 52, 6.)
(3.) The- said Supreme Court and e\-ery Judge thereof
shall also ha\e pou'cr to grant to any defendant in respect
to a,ny equitable (,;;tate or right or othei' mattei' of equity,
and also in respect of any legal estate, right or title claimed
or asserted hj him, all such relief against any plaintifi'or
Civil Justiei'.. :]V^
petitioner, as such defendant shall ha\'e piopeiiy claimed by
his pleading ; and also all such relief i-elating to or connected
with the original subject of the cause or matter, and in like
manner claimed against any other person, -whether already
a party to the same cause or luattei- or not, who shall have
been duly sei-ved with notice in v/riting of such claim pur-
suant to this Ordinance, or any oi'der of the Court as might
properly have been grant{;'d against such person if he had
been maxle a defendant to a cause duly instituted by the same
defendant for the like purpose, and e\'try person served
with any such notice shall thenceforth be deemed a party to
such cause or matter, with the same rights in respect of his
defence against such claim as if he had teen duly sued in
the ordinary way by such defendant. (O., 52, 7.)
(4.) The said Court and e\'ery Judge tlit»re(i' shall recog-
nize and take notice of all equitah-le estates, titles and rights
and all eqijitable duties and liabilities apj searing incidental-
ly in the coursi.- of any cause or matter in the same manner
in which the High Court of Justice in England would have
recognized and taken notice of the same in any suit or pro-
ceeding, duly instituted therein. (0., .32, <S.)
(5.) The 8upreme Court, in the exeixise of its jurisdic-
tion in every cause or matter pending before it sliall have
power to grant, and shall grant, either absolutely or on such
reasonable terms and conditions as to it shall seem just, all
such remedies wha's;)e,ver as any of the parties thereto may
appear to be entitled to in i-espect of any and every legal
or equitable claim .properly brought forward by them res-
pectively in su«h cause or matter; so that as far as possible
all matters so in controversy between the said parties
respectively may };e completely and finally determined, and
and all multipiicitj- of legal proceedinesconceining any such
matters avoided. (0., 52, 12.)
9. The law to be hereafter administei ed in_ the Te}-ri-
tories as to the ma.tters next hereinafter mentioned, shall
be as follows :
(1.) No claim of a cfufui- que tru.y.l against his trustee,
for any property held on an express trust, or in respect of
any l^reaeh of such trust, shall be held to l^e bar)-ed by any
Statute of Limitations. (0., 58, 1.)
(2.) An estate for life, without anj^ impeachment of waste,
shall not confer, or be deemed to have conferred, upon the
tenant for life, any legal right to commit waste of the des-
314 Civil Justice.
cpption known as equitable waste, unless an intention to
confer such right shall expressly appear by the instrument
creating such estate. (0. 53, 2.)
(3.) There shall not be any merger by operation o£ law
only, of any estate, the beneficial interest in which would
not be deemed to be merged or extingnished in equity. (0.
53,3.)
(4.) A mortgagor, entitled for the time being to the pos-
session or receipt of the rents and proiits of any land as to
which no notice of his intention to take possession, or to
enter into the receipts of the rents and profits thereof, shall
have been given by the mortgagee, may sue for such posses-
sion, or sue or distrain for the recovery of such rents or
profits, or to prevent or recover damages in respect of any
trespass or other wrong relative thereto, in his own name
only, unless the cause of action arises upon a lease or other
contract made by him jointly with any other person, and in
that case he may sue or distrain jointly with such other per-
son, (O. 53, 4.)
(5.) In case of an assignment of a debt or other chose in
action, if the debtor, trustee, or other person liable in respect
of such debt or chose in action shall have had notice that
such assignment is disputed by the assignor, or any one
claiming under him, or of any other opposing or conflicting
claims to such debt or chose in action, he shall be entitled,
if he think fit, to call upon the several persons making claim
thereto, to interplead concerning the same. (O. 53, 5.)
(6,) Stipulations in contracts as to time or otherwise which
would not heretofore have been deemed to be or to have be-
come of the essence of such contracts in a Court of Equity,
shall receive in the Territories the same consti-uction and
efFecfc as tliey would in Equity, (O. 53, 6.)
(7.) Part performance of an obligation either before or
after a breach thereof, when expressly accepted by the
creditor in satisfaction, or rendered in pursuance of an agree-
ment for that purpose,- though without any new considera-
tion shall be Jield to extinguish the obligation. (0. 53, 7.)
(8.) A mandamus or an injunction may be granted or a
receiver appointed by an interlocutory order of tlie Coui't or
Judge in all cases in which it shall appear to the Court or
Judge to be just or convenient that such order should be
made and any such order uiay be made either uncondition-
ally or upon such terms and conditions as the Court or Judge
shall think just ; and if an injunction is asked, either before,
Civil JiLstice. 315
or at, or after the hearing of any cause or matter, to pre-
vent any threatened or apprehended waste or trespass, such
injunction may be granted, if the Court or Judge shall think
fit, whether the person against whom such injunction is
sought is or is not in possession under any claim of title or
otherwise, or (if out of possession) does or does not claim a
right to do the act sought to be restrained under any color
of title ; and whether the estates claimed by both or by
either of the parties are legal or equitabla (0. 53, 8.)
(9.) In all cases in which the Court has jurisdiction to
entertain an application for an injunction against a breach
of any covenant, contract or agreement or against the com-
mission or continuance of any wrongful act, or for the speci-
fic performance of any covenant, contract or agreement, the
Court, if it thinks tit, may award damages to the party
injured either in addition to or in substitution for such in-
junction or specific performance, and such damages rat
ascertained in such a manner, as the Court lutiy direc, —
the Court may grant such other relief as it may deem just.
(O. 53, 9.)
(10.) An order of the Court under any statutory or other
jurisdiction, shall not as against a purchaser, whether with or
without notice, be invalidated on the ground of want of
jurisdiction or of want of any concurrence, consent, notice or
service. (O. 53, 10.)
(11.) Generally, in all niatters in which there is any con-
flict or variance between the Rules of Equity and Common
Law with reference to the same matter, the rules of Equity
shall prevail. (0. 53, 11.)
SECURITIES AND OATHS OF OFFICE OF CLERKS AND
SHERIFFS.
1 0. Every Clerk and every Sheriff, before entering upoa
the duties of their respective offices, shall file in the " Land
Titles Office" nearest to the office of such Clerk and Sheriff
respectively, a copy certified as such by the Secretary of
State for Canada, of the security required by and given
under section fifty-eight of the North West Territories Act.
11. For receiving such certified copy, and filing the same
of record, the Registrar shall be entitled to a fee of one dol-
lar, and for every copy issued and certified by him as afore-
said, one dollar, and for exhibiting the said security to any
applicant, twenty-five cents.
316 Civil Justice.
1 2. Such security shall be available to, and may be sued
upon by any person suffeiing damages by the default, breach
of duty or misconduct of such Clerk and Sh,eritf respectively.
I.i. A copy of such socurity, purporting to be such, certi-
fied by the Registrar, undei- his seal of office, shall be
received in all Courts as prinid fude evidence of the due ex-
ecution and contents thereof, without further proof.
14. Every such Clerk and every such Sheriff, either,
before or at the first sitting of the Court of the Judicial
District to which they respectively have been appointed,
shall, before the Judge, take the oath of office in the Form
in the Appendix to this Ordinance.
3 5. Whenever a vacancy occurs in the office of Clerk, and
until the same be filled Ijy 'ch-i proper authority, the said
books, recoi-ds, moneys, and other matters and things so
declared to be the property of the Government of the
Territories, shall be handed o\ er Ijy the person in whose
possession or control they may be to such person as the
Judge usually exercising juiitdicticn in the Jv.didel Listrict
shall appoint to retcivo the sense, and such apfcintce
during suth vacancj^ is authoriztd to perform the duties of
the Clerk of the Court.
CLEltK's DUTIES.
S 6. The duties of the Clerk shall be : —
(1.) To attend at his office and keep the same open be-
tween the hours of ten in the forenoon and four in the
afternoon, on all days except Sundays and holidays, and
except on Saturdays' and during vacation, when the same
shall be closed at one o'clock in the afternoon ;
(2.)^ To receive all complaints and other papers retiuired
by suitors to l)o filed in Court ; to issue all writs of summons,
warrants, precepts, writs of execution, and other documents
rendered necessary or requisite for the etTectual disposition
of such matters ; tax costs, enter judgments, and record all
judgments and orders pronounced, given and made ; keep an
account of all fines, fees, and monies payable or paid into
Court ; entering all such amounts in proper al3pro^■ed books,
in which shall be entered regularly, under separate headings,
all the proceedings taken in any suit, all monies received
Civil Justice. 317
and paid out, and the persons to whom and by whom the
same have been paid, which Looks shall be accessible at all
times to suitors and the public ; and to do and perform all
such other acts and duties as may be necessary for the due
administration of ci\'il justice in the Territories :
(3.) To make a return, on the first day of the months of
Januaiy and July in each year, \crified on oaUi before the
Judge, to the Lieutenant-Governor, showing the emoluments
of his office during the six months next preceding.
(4.) All books, papers, documents, and' moneys, in the
possession of the Cleik- by virtue of or appertaining to his
office, shall, upon his resignation, removal, or death, immedi-
ately become the pro} erly i,f such pers(jii as the Judge
usually exercising ji:iisdiciion in the distiiit, shall appoint
as Clerk, pending the appointment of a new Clerk of the
Court.
PROCEDURE.
IT. Every action shall be commenced by a writ of sum-
mons in the Form given in the Appendix to this Ordinance,
except in cases where a different Form is hereinafter provi-
ded, which writ shall be issued by the Clerk, upon receiving
from the plaintiff" or his advocate a precipe thei-efor, in
which shall be set forth the juiines of the parties to the
action, and their places of residence, temporary or other-
wise, and the residence of the plaintiff's advocate, if such
wiit be issued by an advocate.
B 8. At the time of the issue of the writ the plaintiff or
his advocate shall leave with the Clerk two copies of the
plaintiffs 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 ofTce, and a copy of such sfatement of
claim shall be attached to each copy of such writ required
for service.
19. Every Writ of Summons, and also (unless otherwise
provided) every other Writ shall bear the date of the day
on whifh the same is issued.
(].) When the Defendant resides in the Judicial District
whence the Writ of Summons issued, the Writ shall be
returnable in ten days from the service upon the defendant
318^ GivU Justice.
and when the defendant resides in a Judicial ] district, other
than that in which the writ issued, the wiit shall be i-etum-
able in twenty days from the soi-\ ice thereof, the day of ser-
vice to be exclusive in all cases.
(2.) When the Defendant icsi('cs outsice the Territories,
the writ stiall be returnable in such number of days from its
service upon the Defendant as the Judge may order.
3®. The advocate of a plaintiff, suing by an advocate,
shall indorse on the writ the address of the plaintiff, and
also his own name or fiiTii and place of business, and also if
his place of business shall be more than three miles from
the Clerk's office, whence the writ issues, another proper
place, within such three miles, to be called his " address for
service," where statements of defence, notices, summonses,
orders, and other documents, proceedings and written com-
mtmications in the suit may be left for him ; and when a plain-
tiff sues in person he shall indorse on the writ his occupation
and place of residence, and if his residence be more than
three miles from the Clerk's office as aforesaid, another
proper place within such three miles, to be called his "address
for service," where statements of defence, notices, sum-
monses, 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 aforesaid,
all papers requiring service may be posted in the Clerk's
office, and in such case be deemed good service. [E. 19 & 20.]
/SI. The plaintiff in any action may, at the time of or at
any time within twelve months after the issuing of the
original writ of summons, issue one or more concurrent writ
or writs. Each concurrent writ to show the date of the
original writ, and be marked with the word " concurrent "
in the margin, and the date of issuing the concurrent writ ;
provided always that such concurrent writ or writs shall .
only be in force for the period during which the original
writ in such action shall be in force.
33. No original writ of summons shall be in force for
more than twelve months from the date thereof, including
the day of such date ; but if any defendant therein
named shall not have been served therewith, the plain-
tiff may, before the expiration of the twelve months,
apply to the Judge for leave to rene^J- the writ, and the
Missing Page
320 Civil J'wutice.
former advocate shall be considered the advocate of the
party, until the final conclusion of the cause or matter.
[E. 44.]
551. Servici; of a Writ of Summons may be made by the
Sheriff, his deputy or bailiff, or by any lit,erate person other
than a plaintiff, but except by order of a Judge, no fees for
service shall, in sucli latter case, be allowed.
28. Service of Summons shall be effected by copy as fol-
lows :
(1.) The summons to appear may be served anywhere in
the Territories ; and the service shall be pei-sonal, except in
matters of account when the amount claimed does not ex-
ceed fifty dollars, in which case service may be on the de-
fendant, his wife, or servant, or some grown up and reason-
able person being an inmate of ' the defendant's dwelling
house or usual place of abode or place of trading ;
(2.) In case any defendant is out of the Territories, but
has an agent, managing clerk, or other representative resi-
dent and eariying on his business within the same, service
of the summons to appear may be made on such agent,
managing clerk, or other representative ;
(;J.) Every summons issued against a corporation, and all
othei' proceedings in an action against a coiporation, may be ^
served on the president or other liead officer, or on the
cashier, manager, treasurer, or secretary, clerk, agent or
other representative, by \\'hatsoever name or title he he
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 summons to appear, or any other proceedings as aforesaid
in an action against or at the suit of such corporation, be
deemed the agent thereof ;
(4.) In any case if it be made to appear to a Judge that
the plaintiff is, from any cause, unable to effect prompt per-
sonal service, the Judge may make such order for substitu-
ed or other service, by advertisement or otherwise, as may
be just ;
(5.) 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
Civil Justice. 32
Territories of the business of the partnership, upon any pet-
son, having at the time of service the eontrol or manage-
ment of the partnership business there, and such serviee
shall be deemed good service upon the iirm ; [E. 53.]
(6.) Where one person carrying on business in the name
of a firm, apparently consisting of more than one person,
shall be sued in the firm name, the writ may be served at
the principal place, within the Territories, of the business So
carried on upon any person having at the time of service the
control or management of the business there, and such ser-
vice, if sufiicient in other respects, shall be deemed good ser-
vice on the person so sued. [E. 54.]
(7.) Service of a writ of summons in an action to recover
possession of land may, in case of vacant possession^ when it
cannot be otherwise effected, by leave of the Judge, be made
by 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.]
(<S.) When husband and wife are both defendants to the
action, they shall both be served, unless the Judge shall
otherwise order ;
(9.) When an infant is a defendant to the action, service
on his father or guardian, or if none, then upon the person
with whom the infant resides or under whose care he is,
shall, unless the Judge otherwise orders, be deemed good
service on the infant ; provided that the Judge may order
that service made or to be made on the infant shall be
deemed good service ;
(10.) When a lunatic, or person of unsound mind, is a de-
fendant to the action, service shall be made as the Judge
may order.
39. Service of summons on a defendant out of the Teria-
tories, may be allowed by a Judge whenever, — _
(1.) The whole subject-matter of the action is land situ-
ate within the judicial district in which the action is to be
brouo-ht (with or without rents and profits); or
(2.^ Any act, deed, will, contract or liability affecting land
or hereditaments situate within the judicial district, the
action is to be commenced in, is sought to be construed, reie-
tified, set aside or enforced in the action ; or
(3.) Any relief is sought against any person domicitea ot
ordinarily resident within the jurisdiction ; or
(4.) The action is for the administration of the estate of
322 Oivjl Jy^fice. ,^ c
any deceased person, who. at the time of his-death was domi-
ciled within the jujiicial 4istrict, or. for the execution (as to
property 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 , ■
(a.) The action is for the recovery of any debt contracted
within the judicial district, or is founded on any breach or
alleged breach within the judicial 'district, of any contract
wherever made, which according to the terms thereof ought
to be performed within such judicial district ; or
(6.) An injunction is sought .as to anything to be done
within the jurisdiction, or any nuisance within the jurisdic-
feon 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 and
proper party to an action properly brought against some
other person duly served within the jurisdiction. [E. 94.]
30. Every application for leave to serve such summons
on a defendant out of the jurisdiction shall be before writ
iss^e, and supported by affidavit stating that in the belief of
the deponent the plaintiff has a good cause of action, and
showing in what place or country such defendant is or pro-
bably may be found, and the grounds on which the apphcation
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.
[E. 67.] ■■ '
3 1 . Any order giving leave to effect such service shall
limit a time after such .service, witMn which such defendant ,
is to enter an appearance, such time to depend on the place
ffi- country where or within which the writ is to be served,
p. 68.]
■ • ' PARTIES.
83. All persons, in whom the right to any rehef claimed
is alleged to exist, may be joined as plaintiffs, whether
jointly, severally, or in the alternative ; and judgment may
fee given for 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 de-
Civil Justice. 328
fendant, though unsuccessful, 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.]
33. 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
plain tili" the Judge may, if satisfied that it has been so com-
menced through a bona fide mistake, and that it is necessarj
for the determination of the real matter in dispute so to do,
order any other person to be substituted or added as plain-
tiff upon such terms as may be just. [E. 124.]
34. All persons may be joined as defendants acainst
whom the right to any relief is alleged to exist, whether
jointly, severally, or in the alternative. And judgment may
be given against such one or more of the defendants as may
be found to be liable, according to their respective liabilitie*
without any amendment. [E. 126.]
35. It shall not be necessary for every defendant to be
interested as to all the relief prayed for, or as to every cause
of action included in any proceedings against him ; but the
Judo-e may make such order as may appear just to prevent
any defendant from being embarrassed or put to expense by
being required to attend any proceedings in which he may
have no interest. [E. 127.]
36. 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.]
3T. Where the plaintiff is in doubt as to the person from
whom he is entitled to redress, he may, by leave of the
Judge, join two or more defendants, to the intent that the
question as to which, if any, of the defendants is liable and
to what extent, may be determined as between all parties.
[K 129.]
38. Trustees, executors and administrators may sue and be
sued on behalf of or as representing the property or estat*
of which they are trustees or representatives, without join-
324 Civil Judicc.
ino- any ol the persons beneficially interested in the trust or
estate and shall be considered as representing such persons ;
but the Judge may, at any stage of the proceedings, order
any of such persons to be made parties either in addition to
or in lieu of the previously existing parties. [E. 130.]
31>. Where there are numerous persons having the same
interest in one cause or matter, one or more of such persons
may sue or be sued, or may be authorized by the Judpe to
defend in such cause or matter, on behalf or for the benefit
of all persons so interested. [E. I'M.]
40. In cases where the statement of claim is for an ac-
count oi' involves the taking of an accovint, if the defendant
either fails to appear, or does not after appearance satisfy
the Judge that there is some preliminaiy question to be
tried, the plaintiff may obtain an order directing the taking
of proper accounts ; and if the plaintiff sues or the defend-
ant is sued in a representative capacity, the statement of
claim shall show in what capacity the plaintiff or defendant
sues or is sued ; and in cases in which the plaintiff in the
first instance desires to- have an ai-count taken, the state-
ment of claim shall request the same. [E, 121.]
41. No cause or matter shall be defeated by reason of the
misjoinder or nonjoinder of parties, and the Judge may in
every cause or mattei' deal with the matter in controversy
so far as regards the rights and interests of the parties actu-
ally before him. The Judge may, at any stage of the pro-
ceedings, either upon or without the application of either
party, and on such terms as may appear just, order that the
names of any parties improperly joined, whether as plaintiffs
or defer^dants be sti'uck out, and that the names of any
parties, whether plaintiffs or defendants, who ought to have
been joined, or whose presence in the cause may be necess-
ary in order to enal)le the Judge effectually and completely
to adjudicate upon and settle all the questions involved in
the cause or matter, be added. Every party whose name is
so added as a defendant shall be served with a summons or
notice in such manner as the Judge may order, and the pro-
ceedings as against such party shall be deemed to have be-
gun only on the service of such summons or notice. [E.138.]
42. Any application to add to or strike out or substitute
Civil Justice. 325
a plaintiff or defendant may be made to the Judge at any
time before trial, on motion supported by affidavit, or at the
trial of the action, in a summary manner. [E. 134.]
PARTNERS.
43. Any two or more persons claiming or being liable as
co-partners may sue or be sued in the name of the respec-
tive firms, if any, of which such persons were co-partners at
the time of the accruing of the cause of action ; and on ap-
plication of any party to an action the Judge may order a
statement of the names of the persons who were, at the time
of the accruing of the cause of action, co-partners in any
such firm, to be furnished in such manner and verified on
oath or otherwise, as may be thought proper. Provided
that, in the case of a co-partnership which has been dis-
solved, to the knowledge of the plaintiff, before the com-
mencernent of the action, the writ of summons shall be served
upon every person sought to be made liable. [E. 136.]
44. Any person carrying on business in the name of a
firm apparently consisting of more than one person, may be
sued in the name of such firm. [E. 137.]
PERSONS UNDER DISABILITY.
45. Infants, lunatics, and persons of unsound mind, may
sue as plaintiffs, by Guardians appointed by the Judge on
application made to him for the purpose, and may defend
any action in like manner. [E. 138.]
THIRD PARTY PROCEDURE.
46. Where a defendant is, or claims to be, entitled to
contribution or indemnity, or any other remedy or relief,
over against any other person, or where from any cause it
appears to the Judge that a question should be determined,
not only as between the plaintiff and defendant, but as be-
tween the plaintiff", defendant and any other person, or be-
tween any or either of them, the Judge may, on notice being
given to such last-mentioned person, make such order as may
be proper for having the question so determined, and as to
the mode and extent in or to which the third party shall be
bound or made liable by the judgment in the action. [R
170.]
326 Civil Justice.
41. Where under the next preceding section, it is made
to appear to the Judge at any time before or at the trial,
that a question in the action should be determined, not only
as between the plaintiff and the defendant but as between
the plaintiff and the defendant and any other person, or
between any or either of them, the Judge, before or at the
time of making the order for having such question deter-
mined, may direct such notice to be given by such person,
in such manner, at such time and to such person, as may be
thought proper ; and if made at the trial, the Judge may
postpone the trial on such terms as he may think fit. [0.
109.]
48. A plaintiff is not to be unnecessarily delayed in re-
covering his claim by reason of the questions between de-
fendants in which the plaintiff is not concerned ; and the
Judge is to give such direction as may be necessary to pre-
vent such delay of the plaintiff, where this can be done, on
terms or otherwise, without injustice to the defendants.
[O. 112.]
CHANGE OF PARTIES BY DEATH.
49 . A cause or matter shall not become abated by reason
of the marriage, death or insolvency of any of the parties, if
the cause of action survive or continue, and shall not be-
come defective by the assignment, creation or devolution of
any estate or title pendente lite ; and, whether the cause of
action survives or not, there shall be no abatement by rea-
son of the death of either party between the verdict or
finding of the issues of fact and the judgment ; but judg-
ment may in such case be entered, notwithstanding the
death. [E. 178.]
50. n case of the marriage, death or assignment, or
devolu on of the estate by operation of law, of any party to
a cause or matter, the Judge may, if it be deemed necessary
for the complete settlement of all the questions involved,
order that the husband, personal representative, trustee, or
other successor in interest, if any, of such party be made a
party, in such manner, and on such terms as the Judge shall
think just and make such order for the disposal of the cause
or matter as may be just. [E. 179.]
Oivil Justice. 327
5 1 . "Where hy reason of marriage, death or assignment,
or any other events occurring after the commencement of a
cause or matter, and causing a change or transmission of
interest ot liability, or by reason of any person interested
coming into existence after the commencement of the cause
or matter, it becomes necessaiy < ir desirable that any person
not already a party should be made a party, or that any
person not already a party should be made a party, in an-
other capacity, the judge may order that the proceedings
shall be carried on between the continuing parties, and such
new party or parties, in such .inanner and on such terms as
may be thought proper. [E. 181.]
53. When the plaintiff or defendant in a cause or matter
dies, and the cause of action survives, but the person en-
titled to proceed fails to proceed, on application of the- de-
fendant (or the person against whom the cause or matter
may be continued), the Judge may order the plaintiff (or the
person entitled to proceed) to proceed within a given periotl,
and in default of such proceeding, judgment may be entered
for the defendant, or, as the case may be, for the person
against whom the cause or matter might have been con-
tinued. [E. 195.]
JOINDER. OF CAUSES OF ACTION.
53. A plaintiff may unite in the same action several
causes of action ; but if it appears to the Judge that any
such causes of action cannot be conveniently tried or dis-
posed of together, he may order separate trials of any such
causes of action to be had or may make such other order as
may be necessary or expedient for the separate disposal
thereof, or may order any such causes of action to be ex-
cluded, and consequential amendments to be made. [E. 188
and 196.]
PLEADING GENERALLY.
54. At any time before the return of the Writ of Sum-
mons, or afterwards, and before the plaintiff has taken any
further step in the cause, if the defendant, or if there be
more, than one defendant in the action, a defendant desires
to contest the plaintiff's claim and defend the action, he
shall, by himself or his advocate, enter an appearance in the
328 Civil Justice.
office of the Clerk whence the writ of summons issue 1, and
wifcliin six days thereafter or such further time as may by
order of the Judge be allowed for the pui'pose, file in the
Clerk's office a plain statement in writing showing the ground
upon which the plaintiffs claim i-; contested either wholly
ox in part and serve on the plaintiff or his advocate or at the
address supplied by the plaintiff when obtaining a writ of
summons, a copy of such statement of defence.
55. Upon or with every appearance, when entered, a
memorandum, in writing, shall be endorsed or attached, giv-
ing the defendant's address or the address of his advocate,
if he defends by advocate ; and, if the defendant or his ad-
vocate resides over three miles from the Clerk's office, nam-
ing an address within three miles of the Clerk's office, where
documents in the suit requiring service upon him may be
left, such place to be known and designated as his " address
for service." [E. 80.]
5(t. If such address be not supplied, papers requiring
service upon a defendant appearing may be posted up in
the Clerk's office, and such posting shall be deemed "good
service." But if an address be supplied and such address be
illusory or fictitious, the Judge, on the application of the
plaintiff, may by order, direct the manner in which such
papers shall be served. [E. 82.]
5T. A defendant before appearing shall be at liberty to
a^ply to the Judge on notice to the plaintiff or his advocate
or at his " address for service " lodged with the Clerk to set
aside the .service of the writ upon liim, or to discharge the
order for substitutional service. [E. 100.]
58. Any person not named as a defendant in a writ of
summons in an action for the recovery of the pojsession of
land, may, by leave of the Judge, appear and defend, on
filing an affidavit, showing that lie is in possession of the
land either by himself or by his tenant. [E. 95.]
59. Any person appearing to defend an action for the re-
covery of the possession of land as landlord, in respect of
p-operty whereof he is in possession only by his tenant,
^all state in his appearance that he appears as landlord.
[E. 96.]
Civil Justice. 329
GO. Where a person not named as defendant in any writ
of summons for the recovery of the possession of land, has
obtained leave of the Judge to appear and defend, he shall
comply with the provisions of this Ordinance in respect of
defendants appearing and defending, and in all subsequent
proceedings be named as a party defendant. [E. 97.]
CI. Any person appearing to a writ of summons for the
recovery of the possession of land, shall be at liberty to
limit his defence to a part only of the property mentioned
in the writ, describing that part with reasonable certainty
in his appearance, and an appearance where the defence is
not limited, as above mentioned, shall be deemed an appear-
ance-to defend for the whole. [E. 9.S.]
63. Where in an action there are more than one defend-
ant, and one or more of such defendants have appeared
while one or other of the defendants have not, the Judge,
on application of the plaintiff, may either order the striking
out any one or more of the defendants who has or have ap-
peared on payment of costs or otherwise as may be con-
sidered just, and allowing the plaintiff to proceed with his
action against the defendant or defendants who has or have
not appeared, or may order the action to stand as against
the non-appearing defendant or defendants while or until
the issues raised between the plaintiff and defendant or de-
fendants who has or have appeared be determined ; or the
Judge may order that the plaintiff be allowed to enter final
judgment against the defendants who have not appeared,
with or without proof of his claim, as may be considered
proper, and to issue execution on such judgment without
prejudice to the right of the plaintiff to proceed with the
action against those defendants who have appeared. [E.
104 in part.]
63. When any defendant fails to appear to a writ of sum-
mons, and the plaintiff is desirous of proceeding upon de-
fault of appearance, he shall, before taking such proceeding
upon default, file the original writ with an affidavit of ser-
vice or of compliance with any order for substitutional ser-
vice, as the case may be. [E. 102.]
64. Where the plaintiff's claim is for a debt or liquidated
demand and the defendant fails, or all the defendants, if
330 Civil Justice.
more than one, fail to appear thereto, the plaintiff may after
the time limited for appearance has elapsed, enter final
judgment for any sum not exceeding the sum claimed in the
action, together with legal interest and costs of suit. [E.
103.]
65. Where the plaintiffs claim is for detention of goods
and pecuniary damages, or either of them, and the defend-
ant fails, or all the defendants if more than one, fail to ap-
pear, on application of the jolaintiff, the Judge may order
that the value or arnount of damages, or either of them,
shall he ascertained in any •\Aay he may direct, and judg-
ment entcied thereupon with costs of suit. [E. 105.]
6i». When the plaintiff's claim is, as in the last preceding
section mentioned, and there are several defendants, of whom
one or more appear to the writ, and another or others of
them fail to appear, on application of the plaintiff, the Judge
may direct that the value of the goods and the damages, or
either of them, as the case may be, may be assessed, as
against the defendant or defendants failing to appear, at
the same time as that of the trial of the action or issue
therein against the other defendant or defendants. [E. 106
in part.]
m. Where in an action there are several defendants, of
whom one or more have been served, and another or others
of them have not, the Court or Judge may order the strik-
ing out of the defendant or defendants not served, and
allow the plaintiff to proceed with his action against the
defendant or defendants served on payment of costs or
otherwise as may be considered just.
68. A plaintiff shall deliver his reply, if any, within eight
days after the defence or the last of the ' defences shall have
been delivered, unless the time shall be extended by the
Court or a Judge. [E. 276.]
69. No pleading subsequent to reply, other than a joinder
of issue, shall be pleaded without leave of the Court or a
Judge, and then shall be pleaded only upon such terms as
the Court or Judge shall think fit. [E. 277.]
70. Subject to the last preceding section, every pleading
Civil Justice. 331
subsequent to reply shall be delivered within eight days
after the delivery of the previous pleading, unless the time
shall he extended by the Court or a Judge. [E. 287.]
1 1 . If the plaintiff does not deliver a reply or any party
does not deliver any subsequent pleading within the period
allowed for that purpose, the pleadings shall be deemed
to be closed at the expiration of that period, and all the
material statements of fact in the pleading last delivered
shall be deemed to have .been denied and put it issue.
[E. 306.]
73. As soon as any party has joined issue upon the pre-
ceding pleading of the opposite party simply without
adding any further or other pleading thereto, or has made
default, as mentioned in the preceding section, the pleadings
between such parties shall be deemed to be closed. [E. 280.]
T3. When the plaintiiF's claim is for detention of goods
and pecuniary damages, or either of them, and also for a
liquidated demand, and any defendant fails to appear to
the writ, the plaintiff may enter final judgment for the debt
or liquidated demand, interest and costs against the defen-
dant or defendants failing to appear, and proceed as men-
tioned in such of the preceding sections as may be appli-
cable. [E. 107.]
74. In case no appearance shall be entered in an action
for the recovery of land, within the time limited for appear-
ance, or if an appearance be entered but the defence be lim-
ited to part only, the plaintiff shall be at liberty to enter a
judgment that the person whose title is asserted in the writ
shall recover possession of the land, or of the part thereof
to which the defence does not apply, with or without costs,
as the Judge may order. [E. 108.]
■ T5. When the plaintiff's statement of claim is for mesne
profits, arrears of rent, or damages for breach of contract,
and also for the recovery of land, he may enter judgment as
in the last preceding section mentioned, for the land ; and
may proceed as in the other preceding sections mentioned,
as to such other 'claim. [E. 109.]
76. Any order made by the Judge under the two last
332 Civil Justice.
preceding sections, and any judgment entered pursuant to
such order may be set aside or varied by the Judge or the
Court upon such terms as may be just. [E. 110.]
77. Where the action is in respect of a mortgage, lion or
charge and the plaintiff claims foreclosure or sale or redemp-
tion, or where the action is for the administration of an
estate. or partition, the plaintiff, if the defendant does not '
appear, shall be entitled to such a judgment upon such evi-
dence as the Judge may order. [N. S. 11 & 12.]
18. Any judgment entered upon default of appearance
may be set aside or varied by the Court or Judge, upon such
terms as may be just.
1!). Where the action is brought to recover a debt or a
liquidated demand, and the defendant or one or more of the
defendants, if there are several defendants, has or have ap-
peared, the plaintiff, or one of the plaintiffs, if more than one,
on affidavit of himself or by any other person who can swear
positively to the facts, verifying the cause of action and the
amount claimed (if any) and stating that, in his belief, there
is no defence to the action, apply to the Judge to strike out
the appearance so entered and for leave to enter final judg-
ment for the amount of the claim or the amount so verified
as due the plaintiff and costs ; and the Judge may there-
upon, unless the defendant by affidavit or otherwise shall
satisfy him that he has a good defence to the action on the
merits or disclose such facts as may be deemed sufficient to
entitle him to defend, make an order striking out the
appearance and defence so entered and filed, and directing
the entry of judgment accordingly. [E. 115 in part.]
80. The application by the plaintiff under the last pre-
ceding section shall be by summons returnable on a day
named therein. A copy of the summons and copies of
affidavits and exhibits referred to therein shall be served at
least four clear days before the summons is returnable.
81. The defendant may show cause against such applica-
tion by affidavits of himself or some one who can swear,
positively to the facts, or by offering to bring into court the
amount claimed in the action. If by affidavit, such affidavit
shall state whether the defence alleged goes to the whole or
Civil Justice. 333
to part only, and if so, what part of the plaintiffs claim, and
the Judge may, if he thinks ht, order the defendant or who-
ever makes the affidavit on his behalf, or in the case of a
corporation any officer thereof, to attend and be examined
on oath and to produce any letters, books or documents, or
copies of or extracts therefrom. [E. 117.]
H'i. If it appears that the defence set up hy the defend-
ant applies only to a part of the plaintiff's claim, or that any
part of the plaintiffs claim is admitted, the plaintiff may
have judgment forthwith for such part of his claim as the
defence does not apply to or is admitted, subject to such
terms (if any) as to suspending execution or otherwise, as
the Judge may order, and the defendant may be allowed to
defend as to the residue of the plaintiffs claim. [E. 1 18.]
83. If it appears to the Judge that any defendant has a
good defence or ought to be permitted to defend the action,
and that any other defendant has not such defence and
ought not to be permitted to defend, the former may be
permitted to defend and the plaintiff shall be entitled to
have final judgment against the latter, and have execution
thereon without prejudice to his right to proceed with his
action against the former. [E. 119.
84. Leave to defend may be given unconditionally or
subject to such terms as to giving security or time and mode
of trial or otherwise as the Judge may think fit. [E. 120.]
85. Every statement of claim or defence shall contain
and contain only, a statement in a summary form of the
material facts on which the party relies for his claim or de-
fence, as the case may be, but Jiot the evidence by which
they are to be proved, and shall, when necessary, be divided
into paragraphs, numbered consecutively. Dates, sums and
numbers shall be expressed in figures, and not in words. [E.
200.]
8G. A defendant in an action may set off, or set up, by
way of counter-claim, against the claims of the plaintiff, any
right or claim, whether such set-off or counter-claim sound
in damages or not, and such set-off or counter-claim shall
have the same effect as a cross-action, so as to enable the
Judo-e to pronounce a final judgment in the same action,
834 Civil Justice.
both on the original and cross-claim. But the Judge may,
on application of the plaintiff before trial, if in his opiaion
such set-off or counter-claim cannot be conveniently dis-
posed of in the pending action, or ought not to be allowed,
refuse permission to the defendant to avail himself thereof;
and, in any case in which the defendant sets up a counter-
claim, the action of the plaintiff is stayed, discontinued, or
dismissed, the counter-claim may nevertheless be proceeded
with. [E. 199 and 249.]
87. Where a counter-claim is pleaded, a reply thereto
shall be subject to the rules applicable to statements of
defence. [E. 279.]
88. A further and better statement of the nature of the
claim or defence, or written proceeding requiring particulars,
may in all cases be ordered, upon such terms as may be
just ; but the order therefor shall not, per se, operate as
a stay of proceedings or give any extension of time. [E.
203 and 204.]
8J). Nothing in this Ordinance shall affect the right
of any defendant to plead not guilty by statute ; but if the
defendant so plead, he shall not plead any othei' defence to
the same cause of action without the leave of the Judge,
and every plea of not guilty by statute shall have the same
effect as a plea of not guilty by statute has heretofore had.
[E. 208.]
9©. Every allegation of fact in any pleading, not being a
petition or summons, if not denied specifically or by neces-
sary implication, or stated to be not admitted in the plead-
ing of the opposing party, shall be taken to be admitted,
except as against an infant, lunatic, or person of unsound
mind, not so found judicially. [E. 209.]
9 1 . Any condition precedent, the pierf ormance or occur-
rence of which is intended to be contested, shall be distinct-
ly specified in his pleading by the plaintiff or defendant (as
the case may be); and subject thereto an averment of the
performance or occurrence of all conditions precedent neces-
sary for the case of the plaintiff or defendant shall be im-
plied in his pleading. [E. 210.]
GiwU Justice. 335
93. The defendant or plaintiff (as the case may be) must
raise by his pleading all matters which show the action or
counter-claim not to be maintainable, or that the transaction
is either void or voidable in point of law, and all such
grounds of defence or reply, (as the case may be) as if not
raised would be likely to take the opposite party by sur-
prise, or would raise issues o? fact not arising out of the
preceding pleadings. [E. 211.]
93. No pleading, not being a petition or summons, shall,
except by way of amendment, raise any new ground of
claim, or contain any allegation of fact inconsistent with the
previous pleadings of the party pleading the same. [E. 212.]
94.It shall not be sufficient for a defendant in his state-
ment of defence to deny generally the grounds alleged by
the plaintiff's statement of claim, or for the plaintiff in hia
reply to deny generally the grounds alleged in a defence by
way of counter-claim, but each party must deal specifically
with each allegation of fact of which he does not admit the
truth, except damages. [E. 213.]
95. When a party in a pleading denies^ an allegation of
fact in the previous pleading of the opposite party, he must
not do so evasively, but answer the point of substance. Thus
if it is alleged that he received a certain sum of money, it
shaU. not be sufficient to deny that he received that particu-
lar amount, but he must deny that he received that sum or
any part thereof, or else set out how much he received.
And if an allegation be made with divers circumstances, it
shall not be sufficient to deny it along with those circum-
stances. [E. 215.]
96. When a contract, promise, or agreement is alleged in
any pleading, a bare denial of the same by the opposite party
shall be construed only as a denial of fact of the express
contract, promise, or agreement alleged or of the matters of,
fact from which the same may be implied by law, and not
as a denial of the legality or sufficiency in law of such con-
tract, promise, or agreement, whether with reference to the
statute of frauds or otherwise. [E. 216.]
9T. Whenever the contents of any documents are mater-
ial, it shall be sufficient in any pleading to state the effect
336 Givil Justice.
,1
thereof as briefly as possible, without setting out the whole
or any part thereof, unless the precise words of the docu-
ments of any part the)-eof are material. [E. 217.]
!>8. Whenever it is material to allege malice, fraudulent
intention, knowledge, or other conditioti of the mind of any
person, it shall be sufficient to allege the same as a fact
without setting out the circumstances from which the same
is to be inferred. [E. 218.]
5)9. Whenever it is material to allege notice to any per-
son of any fact, matter, or thing, it ushall be sufficient to al-
leo-e such notice as a fact, unless the form or the precise
terms of such notice, or the circumstances from which such
notice is to be inferred, be material. [E. 2] 9.]
105>. Whenever any contract, or any relation between
any persons is to be implied from a series of letters or con-
versations, or otherwise from a number of circumstances, it
shall be sufficient to allege such contract or relation as a fact
and to refer generally to such letters, conversations, or cir-
cumstances, without setting them out in detail ; and if in
such case the person so pleading desires to rely in the al-
ternative upon more contracts or relations than one as to be
implied from such circumstances, he may state the same in
alternative. [E. 220.]
101. Neither party need, in any pleading, allege any
matter of fact which the law presumes in his favor, or as to
which the burden of proof lies upon the other side, unless
the same has first been specificially denied. [E. 22] .]
803. No technical objection shall be raised to any plead-
ing on the ground of any alleged want of form. [E. 222.]
103. The Judge may at any _ stage of the pi-oceedings
order to be struck out or amended any matter in any state-
ment or pleading which may be unnecessary or scandalous
or which may tend to prejudice, embarass or delay the fair
trial of the action with or without costs to be fixed by him
and paid by the party so offending. [E. 223.]
104. In cases of any action founded upon a bill of ex-
change or other negotiable instrument, the Judge may order
L!%vii Just%ce. 337
that the loss of such instrument shall not be set up ; pro-
vided such indemnity as he approves of is given against the
claims of any other person upon such negotiable instrument
[N. i. 191,]
105. When a cause may have been set down for trial,
such notice shall be given as the order of setting down
directs.
X 106. Every statement, or pleading, may be either printed
or written, or partly written and partly printed. [E. 205.]
- PAYMENTS INTO, AND OUT OF COURT, AND TENDEB.
lO'J. Where any action is brought to recover a debt or
damages, any defendant may, before or at the time of de-
livering his defence, or at any later time by leave of the
Judge, pay into court a sum of money by way of satisfac-
tion, which shall be taken to admit the claim or cause of
action in respect of which the payment is made. [E. 255.]
1 08. Payment into court shall be signified in the defence^
and the claim or cause of action in satisfaction of which
such payment is made shall be specified therein. [E. 256.]
100. With a defence setting up a tender before action,
the sum of money alleged to have been tendered must be
brought into court. [E. 257.]
110, When payment into court is made before the de-
livery of the defence ; or when the liability of th« defend-
ant, in respect of the claim or cause of action in satisfaction
of which the payment into court is made, is not denied in
the defence ; or when such payment is made with a defence
setting up a tender of the sum paid the money paid into
court shall be paid out to the plaintiff on his request, or to
his advocate, on the plaintiff's written authority, unless the
Judge shall otherwise order. [E. 259.]
111. When the liability of the defendant, in respect of the
claim or cause of action in satisfaction of which the payment
into court has been made, is denied in the defence, the fol-
lowing rules shall apply :
(1.) The plaintifi" may accept, in satisfaction of the claim
338 fJiiil Justice.
or- cause ''of action in respect of which the payment into
Ocnirt has been made, the sums so paid in ; in which case he
shall be; entitled to have the money paid out to him as
hereinafter provided, notwithstanding the defendant's denial
of .liability, wheieupon all further proceedings, in respect of
such claim or cause of action, except as to costs, shall be
stayed ; or the plaintiff' may lefuse to accept the money in
■Btisf atetioh,' and'reply accordingly ; in which case the money
stall remain in Court, subject to the provisions hereinafter
Mientioned ;
(2.) If the plaintiff accepts the money so paid in, he shall
be entitled to have the money paid out to himself on request
or to his advocate, on the pJaintift's written authority, un-
less the Judge shall otherwise order ;
(3.)lf the plaintiff does not accept, in satisfaction of the
claim or cause of action in respect of which the payment
into Court has been made, the sum so paid in, but proceeds
with the action in respect of such claim or cause of action,
or any part thereof, the money shall remain in Court and
be subject to the order of the Court or a Judge, and shall
not be paid out of Court except in pursuance of an [order.
If the plaintiff proceeds with the action in respect of such
claim or cause of action, or any part thereof, and recovers
less than the amount paid into Court, the amount paid shall
be applied, so far as is necessary, in satisfaction of the
plaintiff's claim, and the balance, if any, shall, under such
order, be repaid to the defendant. If the defendant suc-
ceeds in respect of such claim or cause of action, the whole
amount shall, under such order, be repaid to him. [E. 260.]
112. The plaintifi' when payment into Court is made
before deli\ery of defence, may accept in satisfaction of the
derim or cause of action in respect of M'hich such payment
faas been made, the sum so paid in, in which case he shall
give notice to the defendant of such acceptance, and shall' be
at liberty, in case the entire claim or cause of action is
tiiereby satisfied, to tax his costs, after the expiration of
foui' days fi-om the service of such notice, unless the Judge
riiall otherwdse order ; and in case of non-payment of such
aosts, to have judgments and executions for his costs so
texed in the ordinary way. [E. 261.]
113. Where money is paid into Court in two or more
ftdfons which are consolidated, and the plaintiff proceeds to
UivU Jiistice. 339
trial in one, and fails, the money paid in, and the costs in
all the actions, shall be dealt with in the same manner as in
the action tried. [E. 262.]
1 S4. A plaintiff may, in answer to a counter-claim, pay
money into Court in satisfaction thereof, subject to the like
conditions as to costs and otherwise as upon payment into
Court by a defendant. [E. 263.]
1 fi 5. Money paid into Court under an order of a Judge,
shall not be paid out of Court e.Tcept in pursuance of a
Judge's order : provided that, where before the delivery of
defence money has been paid into Court by the defendant
pursuant to a Judge's order; he may, unless the Judge shall
otherwise order, by his pleading appropriate the whole or
any part of such money, and any additional payment, if
necessary, to the whole or any specified portion of the
plaintiffs claim ; and the money so appropriated shall
thereupon be deemed to be money paid into court, pursuant
to the preceding sections relating to money paid into Court
and subject in all respects thereto. [E. 265.]
S 16. In any cause or matter in which a sum of money
has been awarded to or recovered by an infant, or person of
unsound mind, the Court or Judge may at or after the trial
order that the whole or any part of such sum shall be paid
into court to the credit of the cause or matter ; and any
sum so paid into court, and ajiy dividends or interest
thereon, shall be subject to such orders as may from time to
time be made by the Court or Judge concerning the same,
and may either be invested, or be paid out of Court, or
transferred to such persons, to be held and applied upon and
for such trasts and in such manner as the Court or Judge
shall direct. [E. 269.]
1 1 T. Money paid into Court or securities purchased
under the provisions of the last preceding section, and the
dividends or interest thereon, shall be sold, transferred, or
paid out to the party entitled thereto, pursuant to the order
of the Court or Judge. [E. 270.]
1 B 8. Cash under the control of, or subject to the order
of the Court, may be invested in Dominion securities.
[R 271. J
340 Civil Justice.
119. Notice of eveiy application for the purpose of con-
version of any securities, shall be served upon such persons,
if any, as the Court or Judge shall direct. [E. 272.]
MATTERS ARISING PENDING THE ACTION.
1 5J0. Any ground of defence which has arisen after action
brought, but before the defendant has delivered his state-
ment of defence, and before the time limited foi' his doing
so has expired, may be raised by the defendant in his state-
ment of defence, either alone or together with other grounds
of defence. And if, after a statement of defence has been
delivered, any ground of defence arises to any set-off or
counter-claim alleged therein by the defendant, it may be
raised by the plaintiff" in his reply, either alone or together
with any other ground of repl}'. [E. 2.S2.]
131. Where any ground of defence .irists after the de-
fendant has delivered his statement of defence, or after the
time limited for his doing so has expired, the defendant may,
and where any ground of defence to any set-ofF or countei--
claim arises after reply or aftei- the time limited for deliver-
ing a reply has expiied, the plaintiff may, within eight days
after such ground of defence has arisen, or at any subse-
quent time by leave of the Court or Judge, deliver a further
defence or further i-eply as the case m&v be, setting fcrth
the same. [E. 283.]
13"^. Whenever any defendant, in his statement of de-
fence or in any further statement of defence, as mentioned
in the last preceding section, alleges any ground of defence
which^ has a.risen after the eonmiencenient of the action, the
plaintiff may deliver a confession of such defence and may
thereupon, unless otherwise ordered by the Judge, have
judgment for his costs up to thi' time such defence was
pleaded. [K. 2b4.]
I'/JS. Any party shall le mtitlod to laiec ly his pltading
any point ef law, and any point so laised shall be disposed
of by the Judge who tries the cause, at or after fhe trial,
provided that by cc^nsent cf the parties, or by order of the
Judge, on the application of either party, the same may be
.•-et down for heai-ing and disposed of at any time before the
trial. [E. 28G.]
Civil Justice. 341
134. If, in the opinion of the Court or Judge, the decision
of such point of law substantially disposes of the whole
action, or of any distinct cause of action, ground of defence,
set-off, counter-claim, or reply therein, the Court or Judge
may thereupon dismiss the action, or make such order
therein as may be just. [E. 287.]
1 35. The Court or Judge may order any pleading to be
struck out, on the ground that it discloses no reasonable
cause of action or answer, and in any such case, or in case of
the action or defence being shown by the pleadings to be
frivolous or vexatious, the Court or Judge may order the
action to be stayed or dismissed, and judgment to be entered
accordingly, as maj^ be just. [E. 288.]
1 36. After the close of the pleadings the plaintiff may,
at any time, on notice to the defendant, apply to the Judge
for and obtain an order setting down the cause for trial at
such time and place as the Judge shall direct. But if such
application be not made within three months after the close
of the pleadings, the def en riant on notice may apply for and
obtain an order to the like effect, or that the plaintiffs
action be dismissed out of Court with costs to the defen-
dant ; but the Judge may, instead of dismissing the action
at once, order such dismissal to take effect from a future
date, unless the plaintiff meanwhile proceeds with his action.
I3T. On the application to set a cause down for trial,
if the action be for slander, libel, false imprisonment,
malicious prosecution, seduction, breach of promise of mar-
riage, or if the action arises out of a tort, wrong or grievance
in which the damages claimed exceed five hundred dollars,
or if the action be for a debt or founded on contract where-
in tb'e amount claimed or the damages sought to be recover-
ed exceed one thousand dollars, or if the action be for re-
covery of real property, and either party signify his desire
to have the issues of fact therein tried by a Judge with a
jury, or the Judge so directs, the same shall be tried by a
jury.
138. The order for setting down a cause, for trial by
jury shall state by whom the necessary fees to be paid out
shall be furnished, and the party so named shall deposit with
the Clerk such sum a,s said Clerk considers sufficient for the
342 Civil Justice.
payment of jurors' fees and of the expenses of summoning a
fiutHcient number of persons to form the jury, and the Clerk
shall, after the trial, pay the said jury and summoning fees,
and, if any balance of the money so deposited with him re-
mains unused after paying such fees, return such balance to
the party who deposited the same.
139. In case of disputed accounts, the Judge may, in
place of a trial by jury, direct the evidence to be taken
by the Clerk of any Court, or by any o'ther competent per-
son ;^ which Clerk or other person shall be sworn to take the
same ti'uly, and to reduce it to writing and on the I'eturn of
the evidence, the Judge may give judgment upon the evi-
dence taken by the Clerk or other person as aforesaid, or
may ordei' a new trial, when justice seems to require the
same.
1 30. The jury for the trial of issues of fact in civil
causes shall consist of six pei-sons whoso verdict shall be
unanimous.
ISl. No action or proceeding shall be open to objection,
on the ground that a merely declaratory judgment or order
is sought thereb}.-, and the Court or Judge may make bind-
ing declarations of right whether any consequential rehef
is or could be claimed or not. [E. 289.]
133. The plaintiff may at any time before receipt of the
defendant's defence, or after the receipt thereof, before
taking any other proceeding in the action (save any inter-
locutory application), by notice in writing wholly discon-
tinue his action against all or any of the defendants, or
withdraw any part or parts of his alleged cause of com-
plaint, and thereupon he shall pay such defendant's costs
of the r'^tion, or if the action be not wholly discontinued,
the cof ; occasioned by the matter so withdrawn. Such
costs si,. 11 be taxed, and such discontinuance or withdrawal,
as the t.:,se maybe, shall not be a defence to any subsequent
action. Save as herein otherwise provided, it shall not be
competent for the plaintiff to withdraw the record or dis-
continue the action without leave of the Court or Judge, but
the Court or Judge may, before or at or after the hearing
or trial upon such terms, as to costs and as to any other
action, and otherwise as may Jie just, order the action to be
Civil Justice. ;^43
discontinued, or any part of the alleged cause of complaint
to be struck but. The Court or Judge may, in like manner,
and with the like discretion, as to terms, upon the applica-
tion of a defendant, tirder the whole or any part of his
alleged grounds of defence or counter-claim to be withdrawn
or struck out, but it shall not be .competent to u defendant
to withdraw his defence, or any part thereof, withoTit such
leave. [E. 290.]
133. When a cause has been entered foi' trial, it may.be
withdrawn by either plaintiff oj' defendant, upon producing
to the C'lerl< of the Cora-fc a consent in writing, siyied by
the parties. [E. 291.] ■
i 34. Any defendant may have judgment for the costs of
the action, if it is wholly discontinued against him^ or for the
costs occasioned by the matter withdrawn, if the action be
not wholly discontinued, in case such respective costs are ■
not paid within two days after taxation. [E. 292.].
!<».:
»5. If any subsequent action shall be brought befoi'e
payment of the costs of a discontinued action, for the same,
or substantially the same cause of action, the Court or
Judge may, if deemed proper, order-a stay of such subsequent
action, until such costs shall have been paid [E. 29.S.]
AMENDMENT.
136. The Court or Judge may, at any stage of the pEO-
ceedings, allow either party to alter or amend his statement
of claim or pleadings, in such manner and on such terms :as
may be just, and all such amendments shall be made as may
be necessary for the purpose of determining the real qusB-
tions of controversy hetvyeen the parties. [E. 309.]
837. In all cases, application for leave to amend "may be
made by either party to the Court or Judge, or to the Judge
at the trial of the action, and such amendment, may b«
allowed upon such terms. as to costs or otherwise as may b«
just. [E. 314.]
138. If a party who has obtained an order for leave to
amend does not amend accordingly within the time limited
for that purpose by the order, or if no time is thereby
344 Civil Justice.
limited, then within fourteen days from the_ date of the
order, such order to amend shall, on the expiration of such
limibed time as aforesaid, or of such fourteen days, as the
case may be, become ipso facto void, unless the time is
extended by the Judge. [E. 315.]
139. Any statement of pleading may be amended by
written alterations in the copy which has been delivered,
and by additions on paper to be interleaved therewith if
necessary. [E. 316.]
Whenever any statement or pleading is amended,
the same, when amended, shall be marked with the date of
the order, if any, under which the same is so amended, and
of the day on which such amendment is made, in manner
following, viz. : " Amended day of , pur-suant
to order of , dated the day of ."
[E. 317.]
148. .Whenever any statement or pleading is amended,
such amended document shall be delivered to the opposite
party within the time allowed for amending the same.
Any amendment or new pleading rendered necessary by
such amendment, shall be made or tiled and delivered within
the same time as is allowed for any original pleading of the
same description. [E. 318.]
843. Clerical mistakes in judgments or orders, or errors
arising therein from any accidental slip or omission, may at
any time be corrected lay the Court or Judge on motion or
summons. [E. 319.]
843. The costs of and occasioned by any amendment
shall be borne by the party making the same, unless the
Court or Judge shall otherwise order. [E. 321.]
DISCOVERY AND INSPECTION.
8 44. Any party may, without filing any affidavit, apply
to the Judge, ex parte, for an order directing any other
party to any cause or matter to make discovery by affidavit
of the documents which are or have been in his possessioH
or power, relating to any matter in question therein. On
the hearing of such application the Court or Judge may
either refuse or adjourn the same, if satisfied that such dis-
Uiv'd Justice. 345
coveiy is not necessary, or not necessary at that stage of the
cause or matter, or make such order, either generally, or
limited to certain classes of documents, as may, in their or
his discretion, be thought fit. [E. 354.]
145. The affidavit to be made by a party against whom
such order as is mentioned in the last preceding section has
been made, shall specify, which, if any, of the documents
therein mentioned he objects to produce. [E. 355.]
1 40. It shall be lawful for the Court or Judge, at any
time during the pendency of any cause or matter, to order
the production by any partj^ thereto, upon oath, of such of
the documents in his possession or power, relating to any
matter in question in such cause or matter, as the Judge or
Court shall think right ; and the Court may deal with such
documents, when produced, in such manner as shall appear
just. [E. 356.]
14T. Every party to a cause or matter shall be entitled,
at any time, by notice in writing, to give notice to any other
party, in whose pleadings or affidavits reference is made to
any document, to produce such document for the inspection
of the party giving such notice, or of his advocate, and to
permit him or them to take copies thereof ; and any party
not complying with such notice shall not afterwards be at
liberty to put any such document in evidence in his behalf
in such cause or matter, unless he shall satisfy the Court or
Judge that such document relates only to his own title, he
being a defendant to the cause or matter, or that he had
some other cause or excuse which the Court or Judge shall
deem sufficient for not complying with such notice ; in which
case the Court or Judge may allow the same to be put in
evidence on such terms as to costs and otherwise as the
Court or Judge shall think fit. [E. 357.]
148. The party to whom such notice is given shall, with-
in two days from the receipt of such notice, if all the docu-
ments therein referred to have been set forth by him in
such affidavit as is mentioned in Section 145 of this Or-
dinance, or if any of the documents referred to in such
notice have not been set forth by him in any such afiidavit,
then within four days from the receipt of such notice de-
liver to the party giving; the same a notice stating a time
346 Civil Justice.
within three days from tlic delivery thereof, at which the
documents or such of them as he does not object to produce,
may be inspected at the office of his advocate, or in the case
of banker's books or other books of account, or books in con-
stant use for the purpose of any trade or business, at their
usual place of custody, and stating 'which (if any) of the
documents he objects to produce and on what ground. [E.
359.]
1 49. If the party sei-ved with notice under the last pre-
ceding Section of this Ordinance omits to give such notice of
a time for inspection, or objects to give inspection, or offers
inspection elsewhere than at the office of his advocate, the
Judge may, on application of the party desiring it, make an
order fov inspection in such place and in such manner as he
may think fit ; and except in the case of documents referred
to in the pleadings or affidavits of the party against whom
the application is made, or disclosed in his affidavit of docu-
ments, such application shall be founded upon an affidavit
showing of what documents inspection is sought, that the
party applying is entitled to inspect them, and that they
are in the possession or power of the other party. [E. 360.]
I5ii. If the party from whom discovery of any kind or
inspection is sought objects to the same, or any part thereof,
the Judge may, if saitisfied' that the right to the discovery
or inspection sought depends on the determination of any
issue or question in dispute in the cause or matter, or that
for any other reason it is desirable that any issue or ques-
tion in dispute in the cause or matter should be determined
before deciding upon the right to the discovery by inspec-
tion, order that such issue or question be determined first,
and i-eserve the question as to the discoveiy or inspection.
[E. 362.]
B51. If any party fails to comply with any order to
ansAver interrogatories, or for discovery, or inspection of
documents, he shall be liable to attachment for contempt of
court. He shall also, if a plaintift", be liable to have his
action dismissed for want of prosecution, and if a defendant,
to have his defence, if any, struck out, and to be placed in
the same position as if he had not defended, and the party
interrogating may apply to that eflPect, and an order may be
made accordingly. [E. 363.]
)r
Civil Justice. ;547
1 53. Service of an order for discovery or inspection made
agamsfc any party or his advocate shall be suificient service
to found an application for an attachment for disobedience
to order. But the party against whom the application fa
an attachment is made may show in answer to the applica
tion that he has had no notice or knowledge of the ordei
[E. 3'j4.]
1 53. An advocate upon whom an order against any party
for discovery or inspection is served under the last preced-
ing section, who neglects without reasonable excuse to give
notice thereof to his client shall be liable to' attachment.
[E. 3(55.]
ADMISSIONS.
154. Any party to a cause or matter may give notice, by
his pleading, or otherwise in writing, that he admits the
truth of the whole or any part of the case of any other
party. (E. 371.)
155. Either party may call upon the other party to
admit any document, saving all just exceptions ; and in case
of refusal or neglect to admit, after such notice, the costs of
proving any such document shall be paid by the party so
neglecting or refusing, whatever the result of the cause or
matter may be, unless at the trial or hearing the Judge is
satisfied that the refusal to admit was reasonable ; and no
costs of proving any document shall be allowed, unless such
notice be given, except where the omission to give the
notice is, in the opinion of the Judge, a saving of expense.
(E. 372.)
i5G. Any party may, by notice in writing, at any time,
not later than twelve days before the day fixed for trial,
call on any othei- party to admit, for the purposes of the
cause, matter, or issue only, any specific fact or facts men-
tioned in such notice. And in case of refusal or neglect to
admit the same within six days after service of such notice,
or within such further time as may be allowed by a Judge,
the costs of proving such fact or facts shall be paid by the
party so neglecting or refusing, whatever the result of the
cause, matter, or issue may be, unless at the trial or hearing
the Judge is satisfied that the refusal to admit was reason-
348 CivU Justice.
able ; provided that any 'admission made in pursuance of
such notice is to be deemed to be made only for the purposes
of the particular cause, matter, or issue, and not as an
admission to be used against the party on any other
occasion, or in favor of any person other than the party giv-
ing the notice ; provided also that the Judge may at any
time allow any party to amend or withdraw any admission
so made, on such terms as may be just. [E. 374.)
157. Any party may, at any stage of a cause or matter,
where admissions of fact have been made, either on the
pleadings or otherwise, apply to a Judge for such judgment
or order as, upon such admissions, he may be entitled to,
without waiting for the determination of any other ques-
tion between the parties, and the Judge may, upon such
application, make such order or give such judgment as the
Judge may think just. [E. 376.]
158. An affidavit of the advocate or his clerk, of the due
signature of any admissions made in pursuance of any notice
to admit documents or facts, shall be sufficient evidence of
such admissions, if evidence thereof be required. [E. 877.]
159. If a notice to admit, or produce, comprises docu-
ments which are not necessary, the costs occasioned thereby
shall be borne by the party giving such notice. [E. 379.]
ISSUES, ENQUIRIES AND ACCOUNTS.
1 GO. Where in any cause or matter it appears to the
Court or Judge that the issues of fact in dispute are not
sufficiently defined, the parties may be directed to prepare
issues, and such issues shall, if the parties differ, be settled
by the Court or Judge. [E. 3S1.]
161. The Judge may, either by the judgment or order
directing an account to be taken, or by any subsequent
order, give special direction with regard to the mode in
which the account is to be taken or vouched, and in particu-
lar may direct that in taking the account, the books of
account, in which the accounts in question have been kept,
shall be taken as prima facie evidence of the truth of the
matters therein contained, with liberty to the parties inter-
ested to take such objections thereto as thev may be advised.
[E. 382.] ' ^ ^
Civil Justice. 349
14J/J. Where any account is directed to be taken, the ac-
counting party, unless the Judge shall otherwise direct,
shallmake out his account and verify the same by affidavit.
The items on each side shall be numbered consecutively, and
the account shall be referred to by the affida\it as an ex-
hibit, and be tiled in Court. [E. si'S.]
tQS. Any party seeking to charge any accounting party
be}ond what he has by his account admitted to ha\e
received, shall give notice thereof to the accounting party,
stating, so far as he is able, the amount sought to be charged,
and the particulai's thereof, in a short and succinct manner
[E. :^84.]
E64. Every judgment or order for a particular account
of the personal estate of 'a testator or intestate shall contain
a direction for an ent|uiry what parts (if any) of such per-
sonal estate are outstanding or undisposed of, unless the
Court or Judge shall otherwise direct. [E. 3X5.]
165. Where by any judgment or order, whether made in
Court or by the Judge, any accounts are directed to be taken
or inquiries to be made, each such direction shall be num-
bered, so that as far as may be, each distinct account and
enquiry may be designated hy a number, with such ^aria-
tions as the circumstances of the case may require. [F. 386.]
11 6(5. In taking any account, directed by any judgment
or order, all just allowances shall be made without any di-
don for that purpose. [E. .Sy7.]
or order, all just allowances shall I
rection for that purpose. [E. .Sy7.]
Id. If it shall appear to the Judge that there is any
undue delay in the prosecution of any accounts or enquiries,
or in any other proceedings under any judgment or order,
the Judge may require the party having the conduct of the
proceedings under any judgment or order, or any other
party, to explain the delay, and may thereupon make such
order, with regard to expediting the proceedings, or the con-
duct thereof, or the stay thereof, and as to the costs of the
proceedings, as the circumstances of the case may require ;
and, for the purposes aforesaid, any party may be directed
to summon the persons whose attendance is required, and to
conduct any proceedings and carry out any directions which
.S,5() GiviL Justice-.
may be giveu ; and any costs of such party, so directed shall
be paid by such parties, or out of such funds as the Judge
may direct. [E. 3SS.]
SPECIAL CASE.
168. The parties to any cause or matter, at any stage of
the cause or matter, or without any previous proceedings
having been instituted, may concur in stating the qiiestions
of law arising therein in the form of a special case for the
opinion of the Court. Every such special case shall be di-
vided into paragraphs, numbered consecutively, and shall
concisely state such facts and documents as may be neces-
sary to enable the Court to decide the qiiestions raised there-
by. Upon the argument of such case the Court, and the
parties, shall be at liberty to refer to the whole contents of
such documents, and the Court shall be at liberty to draw
from the facts and documents, stated in any special case,
any inference, whether of fact or Law, which might have
been drawn therefrom if proved at a trial. [E. 8^9 & N. S.
382.]
1 61). If it appear to the Court or .Judge that there is in
any cause or matter a question of Law, which it would be
convenient to have decided before any evidence is given, or
any question or issue of fact i.s tried, or before any reference
is made to a Referee, the Court or Judge may make an order
accordingly, and may direct such question of Law to be
raised for the opinion of the Court, either by special case, or
in any such other manner as the Court or Judge may deem
expedient, and all such further proceedings as the decision
of such question of Law may render unnecessary may there-
upon be stayed. (E. 390.)
1 7®. No special case in any cause or matter to which a
married woman (not being a party thereto in respect of her
separate property or of any separate right of action by or
against her), infant, or person of unsound mind, not so found
by judicial decision, is a party, shall be set down for argu-
ment without leave of the Court or Judge, the application
for which must be supported by sufficient evidence that the
statements contained in such special case, so far as the same
affect the interest of such married woman, infant, or person
of unsound mind, are true. [E. 392.]
Chint Justine. 351
111. The parties to a special case may, if they think iit,
enter into an agreement in writing that, on the judgment of
the Court being given in the aifirmative or negative of the
questions of Law raised by the special case, a sum of money,
fixed' by the parties rjr to be ascertained by the Court, or in
such manner as the Court may direct, shall be paid hj one
of the parties to the other of them, either with or without
costs of the cause or matter ; and the judgment of the Court
may be entered for the sum so agreed or ascertained, with
or without costs, as the case may be, and execution may
issue upon such judgment in the ordinary way, unless other-
wise agreed, or unless stayed in appeal. [E. y94.]
1'R(JCEED1NG>S AT TRIAJ..
IT 3. If, when a trial is called on, the plaintiff appears,
and the defendant does not appear, the plaintifl' may prove
his claim, so far as the burden of proof lies upon him. [E.
455.]
f
1 TiJ. If, when a trial is called on, the defendant appears,
and the plaintiff does not appear, the defendant, if he has
no counter-claim, shall be entitled to judgment dismissing
the action, but if he has a counter-claim, then he may prove
such counter-claim, so far as the burden of proof lies upon
him. [E. 456.]
8 74. Any verdict or judgment obtained where one party
does not appear at the trial may be set aside by the Court
or Judge upon such terms as may seem fit, upon an appli-
cation made within fifteen days after the trial. [E. 457.]
1 T5. The Judge may, if he thinks it expedient for the
interests of justice, postpone or adjourn a trial for such time,
and to such place, and upon such terms, if any, as he shall
think fit ; but no trial shall be postponed upon the ground
of the absence of a material witness, unless the affidavit
upon which the application is made distinctly states that
the deponent believes and is advised that the party in whose
behalf the application is made has a just cause of action or
defence upon the merits, and that the application is not
made solely for delay. [E, 458, & N. S. 469.]
1 76. Where, through accident or mistake, or other cause,
352 Civil Jiuit%ce
any party omits, or fails to prove sonu' fact material to his
case, the Judge may proceed with the trial, subject to such
fact being afterwards proved, at such time and subject to
such terms and conditions as to costs and otherwise as the
Judge shall direct, and if the case is bting tried by a jury, the
Judge may direct the jury to lind a verdict as if such fact
had been proved, and the verdict shall take effect on such
fact being afterwards proved as directed ; and if not so
proved, judgment shall be entered for the opposite party,
unless the Court or Judge otherwise directs. 'Ihis rule shall
not apply to actions for libel or slander. [N. S. 8(18.]
ITT. Upon a trial with a jury, the addresses to the jury
shall be regulated as follows ; the partj' who begins, or his
counsel, shall be allowed at the close of his case, if his
opponent does not announce any intention to adduce evi-
dence, to address the jury a second time, for the purpose of
summinc up the evidence, and the opposite party, or his
counsel, shall be allowed to open his case, and also to sum
up the evidence, if any, and the right to reply shall be the
same as in England. [E. 460.]
178. The Judge may in all cases disallow any questions
put in cross-examination of any party or other witness
which may appear to him to be vexatious, and not relevant
to any matter proper to be enquired into in the cause or
matter. (E. 462.)
1 79. The Judge may, at or after the trial, direct that
judgment be entered for anj'^ or either party, or adjourn the
case for further consideration, or leave any party to move
for judgment. No judgment shall be entered after a trial
without the order of the Court or Judge. (E. 40.3.)
INQUIRY AND REFERENCE AS TO DAMAGES.
1 80. In every action or proceeding in which it shall ap-
pear to the Court or Judge that the amount of damages
sought to be recovered is substantially a matter of calcula-
tion, the Court or Judge may direct that the amount for
which final judgment is to be entered shall be ascertained
by an officer of the Court or other person, and the attend-
ance of witnesses and the production of documents before
such officer or other person, may he compelled by subpoena,
Civil Justice. ■ 853
and such oiBcer or other person may adjourn the inquiry
from time to time, and shall endorse upon the order for
referring the amount of damages to him the amount found
by him, and shall deliver the order with such indorsement
to the Clerk of the Court, and such and the like pi-oceedings
may thereupon be Had as to taxation of costs, entering
judgment and otherwise as in ordinary cases. [E. 481.]
181. Where damages are to be assessed in respect of any
continuing cause of action, they shall be assessed down to
the time of the assessment. [E. 482.]
EVIDENCE GENERALLY.
1 8/i. In the absence of any agreement in writing between
the parties, or their advocates and subject to the provisions
of this Ordinance, the witnesses at the trial of any actiofi,
or at any assessment of damages shall be examined ni:ii voce
and in open court, but the Court or Judge may at any time
for sufficient reason order that any particular fact or facts
may be proved by affidavits, or that the affidavit of any
witness may be read at the hearing or trial, on such condi-
tions as the Court or Judge may think reasonable, or that
any witness whose attendance in Court ought for some
sufficient cause to be dispensed with, be examined by inter-
rogatories or otherwise before a Commissioner or Examiner ;
provided that, where it appears to the Court or Judge that
the other party, bona fide, desires the production of a wit-
ness for cross-examination, and that such' witness can be
produced, an order shall riot be made authorizing the
evidence of such witness to be given by affidavit. (E. 483.)
183. An order to read evidence taken in another cause
or matter shall not be necessary, but such evidence may,
saving all just exceptions, be read by leave of the Court or
Judge. (E. 485.)
184. Copies of all writs, records, pleadings, and docu-
ments filed in Court, when certified by the Clerk, shall be
admissible in evidence in all causes and matters, and
between all persons or parties, to the same extent as the
original would be admissible. (E. 486.)
3o4 Civil Justice.
EXAMINATIONS OF .WITNESSES.
185. The Court or Judge may, in any cause or matter,
when it shall appear necessary for the purposes of justice,
taaks any order for the examination upon oath, viva voce,
"ox by interrogatories in writing, before the Court or Judge
oi' any officer of the Court, or any other person, and at any
place of any witness or person, and may empower any party
lo any Such cause or matter to give such deposition in evi-
•dfence therein on such terms, if any, as the Court or Judge
may direct. (E. 487.)
186. The Court or Judge may in any cause or matter, at
any stage of the proceedings, order the attendance of any
person for the purpose of producing any writings or other
documents named in the order which the Court or Judge
Hiay think fit to be produced ; provided that no person shall
be compelled to produce under any such order any writing
01' other document which he could not be compelled to pro-
duce at the hearing or trial. (E. 489.)
181. Any person wilfully disobeying any order requiring
kis attendance for the purpose of being examined or of pro-
ducing any document, shall be deemed guilty of contempt of
Court, and may be dealt with accordingly. (E. 490.)
S88. Any person required to attend for the purpose of
being examined or of producing any document, shall be en-
■ titled to the like conduct-money' and payment for expenses
end loss of time as upon attendance at a trial in Court
(E. 491.)
1 89. Where any witness or person is ordered to be ex-
amined before any officer of the Court, or before any person
appointed for the purpose, the person taking the examina-
• tion shall be furnished by the party on whose application
the order was made, with a copy of the proceedings in the
eause, or with a copy of the documents necessary to inform
the person taking the examination of the questions at issue
: Tbetween the parties. (E. 492.)
1 90. The examination shall take place in the presence of
the parties, their counsel, advocate, or agent, and the
witnesses shall be subject to cross-examination and re-
examination. C&l 493.)
Civil Justice. 356
1 D 1 . The depositions taicen before an officer of the Court,
or bef >re any other person appointed to take the examina-
tion, shall be tak^n down in writing' by or in the presence
of the examiner, not oi-dinarily by question and answer, but
so as to represent as nearl;^ as may be the statement of the
• witness, and when completed shall be read over to the
witness and signed by him in the presence of the parties,
or such of them as may think fit to attend. If the witness
shall refuse to sign the depositions the examiner shall sign *
the same. The examiner may put down any particular
question or answer if there should appear any special reason
for doing so, and may put any question to the witness as to
the meaning of any answer, or as to any matter arising in
the course of the examination. Any questions which may
be objected to shall be taken down by the examiner in the
depositions, and he shall state his opinion thereon to the
advocates, or parties, and shall refer to such statement in
the depositions, but he shall not have the power to decide
upon the materiality or relevancy of any question. [E. 494.]
193. If any person duly summoned by subpoena to attend
for examination shall refuse to attend, or if, having attend-
ed, he shall refuse to be sworn or to answer any lawful
question, a certificate of such refusal, signed by the exam-
iner, shall be tiled in Court, and thereupon the party re-
quii-ing the attendance of the witness may apply to the
Court or Judge ex parte, or on notice, for an order directing
the witness to attentl, or. to be sworn, or to answer any
question as the case may be. [E. 495.]
1 93. If it shall be made to appear to the Judge that a
witness has been duly served with a subpoena, and his fees
for travel and attendance paid or tendered to him, and that
Buch witness refuses or neglects to attend to give evidence
as required by his subpoena, and that his evidence is neces-
sary and material, it shall be lawful for the Judge in addi-
tion to any powers which he may possess for the punish-
ment of such witness, to issue a -warrant under his hand
and seal, directed to any sheriff or other officer or officers
for the immediate arrest of such witness, to be brought
before the Court, or person authorized to hear the evidence
for the purpose of giving evidence in the cause. [N.S. 389,]
194. If any witness shall object to any question which
356 Civil Justice.
may be put to him before an examiner, the question so put,
and the objection of the witness thereto, shall be taken
down by the examiner, and transmitted by him to the Court,
to be there filed, and the validity of the objection shall be
decided by the Court or Judge. [E. 496.]
1 J>5. Tn any case under the three last preceding sections
of this Ordinance, the Court or Jydge shall have power to
order the witness to pay any costs occasioned by his refusal
or objection. [E. 497.]
1 96. When the examination of any witness before any
examiner shall have been concluded, the original depositions,
authenticated by the signature of the examiner, shall be
returned by him to the Clerk of the Court, to whom the
same is returnable, and by him shall be filed. [E. 498.]
S91. The person taking the examination of a witness
under the provision of this Ordinance may. and if need be,
shall make a special report to the Court, touching such ex-
amination and ths conduct or absence of any witness or
other person thereon, and the Court or Judge may direct >
such proceedings and make such order as upon the report
they or he may think just. [E. 499.]
198. Except whereby this Ordinance is otherwise pro-
vided or may be directed by the Court or Judge, no deposi-
tion shall be given in evidence at the hearing or trial of the
cause or matter ^vithout the consent of the party against
whom the same may be offered, unless the Court or Judge is
satisfied that the deponent is dead, or beyond the jurisdic-
tion of the Court, or unable from sickness or other infirmity
to attend the hearing or trial, in any of which cases the de-
positions, certified under the hand of the person taking the
examination, shall be admissable in evidence saving all just
exceptions without proof of the signature to such certificate
[E. 500.]
1 99. Any officer of the Court, or other person directed
to take the examination of any witness or person, may ad-
minister oaths. [E. 501.]
200. Any party in any cause or matter may by subpcena
ud tedificandum, or duces tecum require the attendance of
Civil Justice. 347
any witness before an officer of the Court, or other person
appointed to take the examination, for the purpose of using
his evidence upon any proceeding -in the cause or matter, in
like manner as such witness would be bound to attend and
be examined at the hearing or trial ; and any party or
witness having made an affidavit to be used, or which shall
be used, on any proceeding in the cause or matter shall be
bound on being served with such subpoena to attend before
such officer or person for cross-examination. [E. 502.]
301 . Evidence taken subsequently to the hearing or trial
of any cause or matter, shall be taken as nearly as may be,
in the same manner as evidence taken at or with a view to
a trial. [E. 503.]
303. The practice with reference to the examination
ci'oss-examination, and re-examination of witnesses at a
trial, shall extend and be applicable to evidence taken in
any cause or matter at any stage. [E. 504.]
303. The practice of the Court with respect to evidence
at a trial, when applied to evidence to be taken before an
officer of the Court or other person, in any cause or matter
after the hearing or trial, shall be subject to any special
directions which may be given in any case. [E. 505.]
304. No affidavit or deposition filed or made before issue
joined in any cause or matter shall, without special leave of
the Court or Judge, be received at the hearing or trial
thereof, unless within one month after the cause is at issue,
or within such longer time as may be allowed by special
leave of.the Court or a Judge, notice in writing shall have
been given by the party intending to use the same to the
opposite party of his intention in that behalf. [E. 506.]
305. All evidence taken at the hearing or trial of any
cause or matter may be used in any subsequent proceedings
in the same cause or matter. [E. 507.]
SUBPCENA.
306. When a subpoena is required for the attendance of
a witness for the purpose of proceedings in Chambers, such
subpoena shall issue from the Clerk's office upon a note from
the Judge. [E. 510.]
Civil Justice. 359
matter in which it is sworn ; but in every case in whiek
there are more than one plaintiff or defendant, it shall be
sufficient to state the full name of the first plaintiff or de-
fendant respectively, and that there are other plaintiffs or
defendants, as the case may be ; and the costs occasioned by
any unnecessary prolixity in any such title shall be disal-
lowed. (E. 522.)
3 1 5. Affidavits shall be confined to such facts as the wit-
ness is able of his own knowledge to prove, except on inter-'
locutory motions, on which statements as to his Ijelief, \vitk
the groxmds thereof, may be admitted. The costs of ei'vy
affidavit which shall unnecessarily set forth matters of'hpai-
say, or argumentative matter, or copies of or extracts from
documents shall be paid by the party filing the same. (E.
oZo. )
'ilG. Affidavits sworn in the North- West Territories shall
be sworn before a Judge, Clerk of the Court, or Deputy
' Clerk, Notary Public, Justice of the Peace, or Conmiissioner
empowered to administer oaths. (E. 524.)
3 1 7. Every person administering oaths shall express the
time when and the place where he shall take any affidavit
or recognizance ; otherwise the same shall not be held au-
thentic nor be admitted to be filed without the leave of the
Court or Judge. (E. o2.t.)
318. All examinations, affidavits, declarations, affirma-
tions, and attestations in causes or matters depending in the
Supreme Court, may be sworn and .taken out of the North-
West Territories in any part of the Dominion of Canada or
in Great Britain or "Ireland, or the Channel Islands, o." in
any Colony, Island, or Plantation, or place under tlie Do-
minion of Her Majesty in foreign parts, liefore any Judge,
Court, Notary Public, or person lawfully authoiizcd to ad-
minister oaths in such Country, Colony, Island, Plantation, or
place respectively, or before any of Her Majesty's Consuls
or Vice-Consuls in any foreign part out of Her ilajestyls
Dominions, or before a C<jmmissioner appointed for the pur-
pose of taking affidavits outside of the North- West Territo-
ries 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 lie,
360 Civil JvMice.
of any such Court, Judge, Notary Public, Person, Consul or
Vice-Consul, attached, appended, or subscribed to any such
examinations, affidavits, affirmations, attestations and de-
clarations. (E. 526.)
319. Every affidavit shall be drawn up in the iirst per-
son and shall be divided into paragraphs, and every par-
agraph shall be numbered consecutively, and, as nearly a«
may be, shall ba confined to a distinct portion of the sub-
ject. No costs shall be allowed for any affidavit or part of
an affidavit substantially departing from this rule. (E. 527.)
/85JO. Every affidavit shall state the description and true
place of abode of the deponent, and shall be signed by him.
E. 528.)
331. In every affidavit made by two or more deponents
tho. names of the several persons making the affidavit shall
be inserted in the jurat, except that if the affidavit of all the
deponents is taken at one time by the same officer, it shall
be sufficient to state that it was .'iworn by both (or all) of
the "above-named" deponents. (E. 529.)
333. Every affidavit or other proof used in a cause, mat-
ter or proceeding shall be filed. (E. 530.)
*
333. 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 ma.tter
to be paid by the offending party. (E. 531.)
334. No affidavit, having in the jurai or body thereof
any interlineation, alteration, oi' erasure, shall, without
leave of the Court or Judge, be read or made use of in any.
niatbnr lependinu in Court, unless the interlineation or al-
teration (othei' than by erasure) is authenticated by the in-
itials of the officer taking the affidavit, nor in thei case of an
erasure, unle.ss the words or figures appeai-ing at the
time of taking the affidavit to be written on the erasure are
written and signed oi; initialed in the margin of the affi-
davit by the officer taking it. (E. 532.)
335. Where an affidavit is swoi'n by any person who
appears to the officer taking the affidavit to be illiterate or
Civil Justice. 361
blind, the officer .shall certify in the jurat that the affidavit
was road in his presence to the deponent, that the deponent
seemed perfectly to understand it, and that the deponent
made his signature or mark in the presence of the officer.
No such affidavit shall be used in evidence in the ab.sence of
this certificate, unless the Court or Judge is otherwise sat •
istied that the affidavit was read over to and appeared to be
perfectly understood by the deponent. (E. 533.)
?i?J6. The Court or Judge may receive any affidavit sworn
for the purpose of being used in any cause or matter, not-
withstanding an}^ 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 docjiment that it has been so received. (E. 534'.)
337. A copy of an affidavit may in all cases be used, the
original affidavit having been previously filed, and the copy
duly authenticated with the certificate of the Clerk, with
seal of the Court. (E. 535.)
338. No affidavit .>hall be sufficient if sworn before the
advocate acting foi- the party, on whose. behalf the affidavit
is to be used, or before any agent of such advocate or be-
fore the party himself. (E. 536.)
339. Any affidavit, which would be insufficient if sworn
before the advocate himself, shall be insufficient if sworn
before his clerk or partner. (E. 537.)
330. Where a special time is limited for filing affidavits,
no affidavit filed after that time shall be used, unless by
leave of the Court or Judge. On motions founded on affi-
davits either party may, by leave of the Court or Judge,
make affidavits in answer to the affidavits of the opposite
party, as to new matter arising out of such affidavits. (E.
53« and N. S. 44G.)
331. Except by leave of the Court or Judge, no order
made ex parte in Court, founded on any affidavit, shall be of
any force, unless the affidavit, on which the application was
made, was actually made before the order was applied for
and produced, or filed, at the time of making the motion.
(E. 539.)
362 Civil Justice.
333. The party intending to use any affidavit in support
of any application, made by him in Chambers, shall give
notice to the other parties concerned, of his intention in that
behalf. (E. 540.)
333. All affidavits, which have been previouslymade and
read in Court upon any proceedings in a cause or matter,
may be used before a Judge in Chambers. (E. 541.)
334. Every alteration in an account veiihed by affidavit
shall be marked with the initials of the commissioner or
officer before whom the affidavit is sworn, and such altera-
tions shall not be made by erasure. (E. 542.)
335. Accounts, extracts, and other documents, referred
to by affidavit, shall not be annexed to the affidavit, or
referred to in the affidavit, as annexed, but shall be referred
as exhibits. (E. 543.)
336. Every . certificate on an exhibit referred to in an
affidavit, signed by the commissioner, or- officer, before
whom the affidavit is sworn, shall be marked with the short
title of the cause or matter. (E. 544.)
MOTION FOR JUDGMENT.
33T. Where, at, or after a trial with a jury, the Judge
has directed that any judgment be entered, any party may
apply to set aside such judgment, and enter any other
judgment, on the ground that the judgment directed to be
entered is wrong, by reason that the finding of the jury •
upon the questions submitted to them has not been properly
entered. (E. 561.)
338. Where, at, or after a trial by a Judge, either with or
without a jury, the Judge has directed that any judgment
be entered, any party may apply to set aside such judgment
and to enter any other judgment, upon the ground that,
upon the finding as entered, the judgment so directed is
wrong. (E. 562.)
33J>. When issues have been ordered to be tried, or issues
or questions of fact to be determined in any manner, the
plaintiff may set down a motion for judgment as soon as
Civil Justice. 363
such issues or questions have been determined. If he does
not set down such a motion, and give notice thereof to the
other parties within ten days after his right so to do has
arisen, then after the expii-ation of such ten days any
defendant may set down a motion for judgment, and give
notice thereof to the other parties. (E. 565.)
*/J40. When issues have been ordered to be tried, or issues
or questions of fact to be determined in any manner, and
some only of such issues or questions of fact have been tried
or determined, any party wlio considers that the result of
such trial or determination renders the trial or determina-
tion of the others of them unnecessary ^ or renders it desir-
able that the trial or determinatioji thereof should be post-
poned, may apply to the Court or Judge for leave to set
down a motion for judgment, without waiting for such trial
or determination. And the Court or Judge may, if satisfied
of the expediency thereof, give such leave, upon such terms,
if any as shall appear just, and may give any directions
which may appear desirable as to postponing the trial of the
other issues of fact. (E. 566.)
341. No motion for judgment shall, except by leave of
the Court or Judge, be set down after the expiration of one
year from the time when the party seeking to set down the
same first became entitled so to do. [E. 567.]
343. Upon a motion for judgment, or upon an application
for a new trial, the Court may draw all inferences of fact
not inconsistent with the finding of the jury, and if satisfied
that it has before it all the materials necessary for finally
determining the question in dispute, or any of them, oi' for
awarding any relief sought, give judgment accurdini^Iy, or
may, if it shall be of opinion that it has not sufficient mate-
rials before it to enable it to give judgment, direct the
motion to stand over for further consideration, and direct
such issues or questions to be tried or determined, and such
accounts and inquiries to be taken and made, as it may
think fit. [E. 568.]
343. When it is made to appear to the Court or Judge
on the hearing of any application, which may be pending
before the Court or Judge, that it will be conducive to the
ends of justice to permit it, the Court or Judge may direct
864 GivU Justice.
any applications to be turned into a motion for judgment,
or hearing of the cause or matter; and thereupon the Court,
or Judge may make such order as to the time and manner
of giving the evidence in the cause or matter, and with
respect to the further prosecution thereof as the circumstan-
ces of the case may require ; and upon the hearing it shall
be discretionary with the Court or Judge to either pronounce
a judgment or make such order as the Court or Judge
deems expedient. [N.S. 477.]
344. Where, at any time after the writ of summons has
been issued, it is made to appear to the Court or Judge on
an ex parte application that it will be conducive to the ends
of justice to permit a notice of motion for a judgment to be
forthwith served, the Court or Judge may order the same
accordingly, and when such permission is granted, the
Court or Judge is to give directions, as to the service of the
notice of motion and tiling of the affidavits, as may be
expedient. Upon the hearing of such motion the Court or
Judge, instead of either granting or refusing the applica-
tion, may give such directions for the examination of either
parties or witnesses, or for the making of further enquiries,
or with respect to the further prosecution of the suit, as the
circumstances of the case may require, and upon such terms
as to costs as the Court or Judge think right. [N.S. 478.]
JUDGMENT AND ENTRY OF JUDGMENT.
345. When any judgment is pronounced by the Court or
Judge, the entry of judgment shall be dated as of the day
on which such judgment is pronounced, unless the Court or
Judge shall otherwise order, and the judgment shall take
eifect from that date ; pr(3vided that by special leave of the
Court or Judge, a judgment may be ante-dated or post-
dated. (E. 571.)
344*. Any Judge may deliver the judgment of the Court,
when authorized to do so by the Judges in Banc, who heard
the matter on which judgment is to be pronounced, or may
deliver the judgment of any other Judge, when authorized
so to do by such other Judge, notwithstanding the absence
of the Judges or Judge aforesaid. (N.S. 482.)
341. In all cases not within the last preceding Section
civil Jaxtivf. ;^()o
the entry of judgment shall he dated as of the day on which
the requisite documents are left with the proper officer for
the purpose of such entry, and the judgment shalV take
effect from that date. (E. o72.)
?J48. Every judgment or order made in any cause or
matter re(]uiring any person to do an act thereby ordered
shall state the time, or the time after service of the judg-
ment or order, within which the act is to be done, and upon
the eopy of the judgment or order, which shall be served
upon the person required to obey the same, there shall be
endorsed a memorandum in the woirds or to the effect fol-
lowing, viz :
" If you, the within named A. B., neglect to obey this
judgment (or order) by the time therein limited, you will be
liable to process of execution for the pxirpose of compelling
you to obej'^ thc^ same judgment (or order)." (E. .573.)
34J). Whei'e, under this Ordinance, or otherwise, it is
provided that any judgment may be entered upon the filing
of any affidavit or production of any document, the Clerk
shall examine the affidavit or document produced, and if the
same be regular and contain all that is by Law required, he
shall enter judgment accordingly. (E. 574.)
350. When by this Ordinance or otherwise, any judg-
ment may be entered pursuant to any order or certificate, or
return to any writ, the production of such order, certificate
or return, shall be sufficient authority to the Officer to enter
judgment accordingly. (E. 575.)
351. In any cause or matter where the defendant has ap-
peared by advocate, no order for entering judgment shall be
made by consent, unless the consent of the defendant is
given by his advocate or agent. (E. 577.)
353. When the defendant has not appeared, or has ap-
peared in person, no such order shall be made unless the
defendant attends before a Judge and gives his consent in
person, or unless his written consent is attested by an advo-
cate acting on his behalf. (E. 578.)
353. Satisfaction of a judgment shall be signed by the
plaintiff, and his personal representatives, or by an advocate
3G6 Civil Justice.
specially authorized for that purpose in writing, unless th«
Judge, on special circumstances set forth by affidavit, dis-
pense with such authorization. (N. S. 489.)
EXECUTION.
254. When any poison is by anj' order directed to pay
any money, or to deliver up or transfer any property, real
or personal, to another, it shall no"; be necessary to make
any demand thereof, but the person so directed shall be
bound to obey such order, upon being' duly served with a
' copy of the same without demand. (E. 579.)
255. Where any person, who has obtained any judgment
or order upon condition, does not perform or comply with
such condition, he shall be considered to have waived or
abandoned such judgment or order, so far as the same is
beneficial to himself, and any other person interested in the
matter may, on breach or non-performance of the condition,
take either such proceedings as the judgment or order may
in such case warrant, or such proceedings, as might have
been taken, if no such judgment or order had been made,
unless the Court or Judge shall otherwise direct. (E. 580.)
256. Every person, to whom any money or costs shall be
payable under a judgment or order, shall be entitled after
fifteen days from the date of judgment or order to sue out
one or more writs fieri facia.-i to enforce payment thereof.
The Court or Judge at the time cf giving judgment, or the
Court or a Judge afterwards, may give leave to issue execu-
tion before, or may stay execution until any time after the
expiration of the period hereinbefore prescribed, and a sep-
arate execution may issue for costs.
251. A judgment for the recovery of or for the delivery
or the possession of land may be enforced by writ of posses-
sion. (E. 583.)
258. A judgment for the recovery of any property, other
than land or money, may been forced by writ for delivery of
the property. E. 684.)
259. A judgment requiring any person to do any act
other than the payment of money, or to abstain from doing
anything, may be enforced by writ of committal. (E. 585.)
Givil Justice. 367
'4® !>. Where a juagment or order is to the effect that any
party is entitleJ to any relief subject to or upon the fulfil-
ment of any condition or contingency, the party so entitled
may, upon the fuldlinsnt of the condition or contingency,
and denuval mado upon the party against -whom he is en-
titled to relief, apply to the Judge for leave to issue execu-
tion against such party. And the JiMge may, if satisfied
that the right to relief has arisen according to the terms of
the judgment or order, order that execution issue accord-
^Poly> 01' may direct that any issue or question necessary for
the determination of the rights of the parties be tried in any
of the ways in which questions arising in any action may be
tried. (E. 5.S7.)
'iQi. Where a judgment or order is against a firm, execu-
tion may issue ; —
(1.) Against any property of the partnership ;
(2.) Against any person, who has appeared in his own
name or who has admitted on the pleadings that he is or
who has been adjudged to be a partner ;
(3.) Against any person, who has b^en served as a partner,
with the writ of summons, and has failed to appear.
If the party who has obtained judgment, or an order, claims
to be entitled- to issue execution against any other person as
being a member of the firm, he may apply to a Judge for
leave so to do ; and the Judge may give such leave, if the
liability be not disputed, or if such liability be disputed,
may order that the liability of such person be tried and de-
termined in any manner in which any issue or question in
action may be tried and determined. (E, 588.)
2Q2. No writ of execution shall be issued without the
party issuing it, or his advocate, filing a precipe for that
purpose; the precipe shall contain the title of the action
the reference to the record, the date of the judgment, and of
the order, if any, directing the execution to be issued, the
.names of the parties against whom, or of the firm against
whose goods the execution is to be issued ; and shall be
signed by or on behalf of the advocate of the party issuing
itfor by the party issuing it, if he does so in person. (E.
590.)
263. When entitled thereto, the party, in whose favor
such judgment has been entered, may have one or more
S6N Civil Justice.
writs of execution, directed to the Sheriff of any one of the
judicial districts of the North-West Territories, for levying
within the judicial district named in such writ tlie amount
due on such judgment, and legal interest thereon, and costs
subsequent to such judgment, by distress and sale of the
goods and chattels and personal property, liable to seizure
and sale for debt, of •the party against whom the said judg-
ment has been so entered.
3(54. Every writ of execution shall bear date the day of
its issue, and sliall remain in force for one year from its
date (and no longer if unexecuted unless renewed), but such
writ may, at any time before its expiration, and so from
time to time during the continuance of the renewed writ, be
renewed by the pai'ty issuing it for one year from the date
of such renewal by being marked in the margin with a me-
morandum to the effect following : "Renewed for one year
from, the day of A.D. IS ," (signed
by the Clei'k); and the production of a writ of execution
marked as renewed in manner aforesaid shall be sufficient
evidence of its having been so renewed ; and a writ of exe-
cution so renewed shall have effect, and be entitled to
priority, according to the time of the original delivery
thereof.
305. Every writ of execution for the recovery of money
shall be indorsed with a direction to the Sheriff, or other
officer or person to whom the writ is directed, to levy the
money really due and payable, and sought to be recovered
under the judgment or order, stating the amount, and also
to levjf legal interest thereon, if sought to be recovered, to-
gether with sheriffs fees, poundage and other expenses of
execution. (E. 594.)
306. As between the original parties to a judgment or
order, execution may issue at any time within six years
from the recovery of the judgment or the date of the order.
(E. 600.) ,
301. In the following cases, viz. :
(1.) Where six years have elapsed since the judgment or
date of the order, or a-ny change has taken place by death, or
otherwise, in the parties entitled or liable to execution ;
Missing Page
370 GivU Justice.
the disobedient party for contempt, may direct that the act
required to be done may be done so far as practicable by the
party by whom the judgment or order has been obtained,
or some other person appointed by the Court or Judge, at
the cost of the disobedient party, and upon the act being
done, the expenses incurred may be ascertained in such
manner as the Court or Judge may direct, and execution
may issue for the amount so ascertained, and costs. (E.
608.)
'if'i. Any judgment or order against a corpovation wil-
fully disobeyed may, by leave of the Court or Judge, be
enforced by execution against the corporate property or by
attachment of the persons of the directors or other officers
tlicreof. (E. 609.)
313. Writs of execution shall follow the form in the
Appendix to this Ordinance, adapted to the circumstances
of each case.
314. No writ of execution shall bind the goods of the
party against whom the same is issued, but fi-om the time
the said writ shall be delivered to the Sheriff to be executed,
and the Sheriff shall upon the receipt of the writ endorse
thereon the time when the same was received by him.
275. No writ of execution or other process, under which
personal property is directed to be seized, shall bind the
personal property or prejudice the title thereto acquired by
any person bona fide and for a valuable consideration before
the actual seizure under- such writ or process ; provided such
person had not at the time he acquired such title, notice
that such writ or any other writ, by virtue of which the
personal property of such owner might be seized or attached,
had been delivei-ed to and remained unexecuted in the
hands of the Sheriff.
376. No sale of personal property seized under any writ
of execution or process shall be made without such sale be-
ing advertised for at least ten days by public notice thereof,
describing the property to be sold, copies of which notice
irhall be posted in the offices of the Clerk and Sheriff, and at
least five public places in the locality, where the same is to
Missing Page
372 Civil J'tistice.
next pieceding section .^hall discharge the Sheritt tu uue ex-
tent of the amount due on and .^ecured thereby on the said
■writ.
281. The Sheriff thall fsiy over to the execution creditor
or his advocate all moneys so re( overed or a sufficient sum
to discharge the amount directed by the writ to be levied
less his fees and expenses. ■
283. No sale of growing crops, -whether grain ur roots,
shall take place until after the same have been harvestecJ
ard threshed, or taken and removed from the ground, when,
siltr i'lJ chaigt; for harvesting, threshing, taking and re*
moving, have letn paid and all exceptions been claimed and
reHl^ta, the balance may be subject to be sold.
283. Any person who becomes entitled to issue a writ of
execution against goods may, at or after the time of issuing
the same, issue a writ of execution against the lands of the
person liable, into any Judicial District provided that not
less than fifty dollars remain due and unpaid on the judg-
ment, and deliver the same to the Sheriff of the district
named in the writ and charged with the execution of the
writ of execution Mgainst goods at or after the time of de-
livery to him of the writ against goods, and either before
or after any return thereof ; but such officer shall not sell
the said lands within less than twelve months from the day
on which the writ against the lands is delivered to him, nor
until three months' notice of such sale has been posted in a
conspicuous place in the Sheriff"s and Clerk's office, respec-
tively, and published two months in the newspaper nearest
the lands to be sold.
284. No sale shall be had under any execution against
lands until after a return of nulla bona in whole or in part,
with respect to an execution against goods in the same suit
or matter by the same officer.
285. No Sheriff shall make any return of nulla bona,
either in whole or in part, to any writ against goods, until
,the whole of the goods of the execution debtor in the dis-
trict, named in the writ, liable to seizure which he can find
have been exhausted.
Civil Justice. 373
386. If the atuount authorized to be made and levied
under the writ againt goods is made and levied thereunder
the person issuing the writ against lands shall not be
entitled to the expenses thereof or of any seizure or adver-
tisement thereunder, aiid the return to be made by the
officer charged with the execution of the writ ac^-ainst lands
to such writ, 3hall be to the effect that the amount has been
so made and levied as aforesaid.
381. _A written order, signed by the advocate by whom
any writ of execution or other process as aforesaid shall
have been issued, or by the party at whose instance the
same issued, shall justify the Sheriff paying out money
realized under execution; but the order of the advocate
shall not suffice for that purpose, where the party for whom
the advocate professes to act has given to the Sheriff writ-
ten notice to the contrary.
388. Where under any writ of execution while in force
personal property has been seized, the Sheriff may proceed
to sell the same although the writ of execution has expired.
38S>. Where it is sought to enforce a judgment made for
the recovery of any property other than land or money, the
Court or Judge may, upon the application of the plaintiff or
person entitled thereto, order that execution shall issue for
the delivery of the property without giving the defendant
or other party the option of retaining the property and
paying the assessed value, if any ; or at the option of the
plaintiff or person entitled thereto that the Sheriff levy and
make the assessed value, with or without costs in either
instance, as may be just, and for such purpose separate writs
may be issued for the costs. (E. 647.)
390. A judgment or order that a party do recover pos-
session of any land, or that any person therein named do
deliver up possession of any lands to some other person,
the person prosecuting such judgment or order may without
any order for such purpose after fifteen days from the entry
of the judgment, or service of a copy of the order, enforce
tlie same by a writ of possession. (E. 644 and 645.)
391. Upon any judgment or order for the recovery of
374 Civil Justice.
delivery of possession of any land and costs, there may be
either one writ or separate writs of execution for the reco-
very of possession and for the costs at the election of the
successful party. (E. 646.)
393. Upon any execution against the lands or goods, the
Sheriff may, in addition to the sum recovered by the judg-
ment, levy the poundage fees, expenses of the execution, and
interest upon the amount so recovered from the time of
entering the judgment.
293. In case a part only is made by the Sheriff on, or by
force of any execution again goods and chattels, the
Sheriff shall be entitled, besides his fees and expenses of
execution, to poundage only upon the amount so made by
him, whatever be the sum endorsed upon the writ, and in
case the personal estate of the defendant is seized or adver-
tised on or under an execution, but not sold by reason of
satisfaction having been otherwise obtained, or from sqme
other cause, and no money is actually made by the Sheriff
on or by force of such execution, the Sheriff shall be entitled
to the fees and expenses of execution and poundage only on
the vafue of the property seized not exceeding the amount
endorsed on the writ, or such less sum as a Judge of the
Court, out of which the writ issued, may deem reasonable
under the circumstances of the case.
394. In case of writs of execution upon the same judg-
ment to several Judicial Districts, wherein the personal
estate of the judgment debtor or debtors has been seized or
advertised but not sold, by reason of satisfaction having
been obtained under or b}' virtue of a writ in some other
Judicial District, and no money has been actually made on
such execution, the Sheriff shall not be entitled to poundage,
but to iriileage and fees only for the services actually ren-
dered end performed by him, and tlie Court or any Judge
thereof may allow him a reasonable charge for such services,
in case no special fee therefor is assigned in any table of
costs.
395. In case any person liable on any execution is dis-
satisfied as to the amount of poundage fees and expenses of
execution that any Sheriff claims under the tariff' of fees
and allowances in force, he may, before or after payment
Givil Justice. 375
thereof, apply to the Judge of the Supreme Court, and if
upon a statement of the whole facts, the Judge, after notice
to the Sheriff, is of opinion that such imount is unreason-
able, notwithstanding that it is according to the tariff, or
this Ordinance, the same shall be reduced or ordered to be
refunded upon such terms as to costs, or otherwise, aw the
Judge may think fit to impose.
!^D6. Upon the settlement of an execution, either in whole
or in part by payment, levy or otherwise, the Sheriff or
officer claiming any fees, poundage, incidental expenses or
remuneration, which have not been taxed, shall, upon being
required by either plaintiff' or defendant, or the advocate of
either party, and on payment of tender of the expenses of
such taxation, and the further sum of twenty-five cents for
the copy of this bill detail (which he shall be bound to
render) have his fees, poundage, incidental expenses or re
muneration, as the case ma.y be, taxed by the Clerk of the
Supreme Court of the Judicial District wherein such Sheriff
keeps his office.
39"?. N(j Sheriff shall collect any fees, costs, poundage or
incidental expenses, after having been required to ha\-e the
same taxed, without taxation ; and upon tender of the
amount taxed, no fe 5s, costs, poundage or incidental expen-
ses in respect of proceedings subsequently taken shall be
allowed to any Sheriff.
^08. It shall be tlie duty of every Taxing Officer above
referred to, to tax the bills of costs presented to him for
taxation, as herein required, upon payment or tender of his
fees, and to give, when requested, a certificate of such taxa-
tion and the amount thereof.
31>J>. It shall be the duty of every Taxing Officer afore-
said, upon proof of notice of the time and place of such tax-
ation having been .^erved upon the Sheriff, Deputy-Sheriff,
or other officer charged with the execution of the writ, to
examine the bills presented to him for taxation, as herein
required, whether such taxation is opposed or not, and to be
satisfied that the items charged in such bills are correct and
legal, and to strike out all cha7-ge,s for services wliich, in his
opinion, were not necessary to be performed.
376 Givil Justice.
300. Either party dissatisfied with the taxation may-
appeal to a Judge of the Supreme Couit, in which tlie pro-
ceedino-.s are taken, i'oi- a revision of such taxation.
DISCOVERY IN AID OF EXECUTIONS.
301. When a judgment or order i.s for the recovery or
payment of money, the party entitled to enforce it may ap-
ply to a Judge for an order that the debtor, liable under
such judgment or order, or, in the case of a corporation, that
any officer thereof, be orally examined, as to whether any
and what debts are owing to the debtor, and whether the
debtor has any and what property or means of satisfying
the judgment or order, before the Judge or whom he may
appoint ; and the Judge may make an order for the attend-
ance arid examination of such debtor, or of any other per-
son, and for the production of any books or documents. (E.
•10.)
30^. In case of any judgment or order, other than for
the recovery of payment of money, if any difficulty arises in
or about the execution or enforcement thereof, any party
interested may apply to a Judge, and the Judge may ihake
such or'der thereon, for the attendance and examination of
any party or otherwise, as may be just. (E. 61 1.)
303. Ajry person liable to be examined under either of
the last two preceding Sections of this Ordinance, shall be
entitled to the like conduct-money, and payment for expen-
ses and loss of time, as upon attendance at a trial iii Court,
and may be compelled to attend and testify, and to produce
books and documents, in the same manner, and subject to
the same rules of examination, and the same consequences of
neglecting to attend, or refusing to disclose the matters in
respect of which he may be examined, as in the case of a
witness on a trial.
304. The costs of any application under the last three
preceding Sections of this Ordinance, or either of them, and
of any proceedings arising from, or incidental thereto, shall
be in the discretion of the Judge. (E. 612.)
GARNISHMENT.
30.?. Upon the affidavit of any person who has obtained
Civii Justice. 377
a judgment or order for the recovery or payment of money
or his advocate, stating that judgment has been recovered,
or the order made, and that it is still unsatisfied, and to
Ayhat amount; or before judgment, incases where the plain-
tiif's claim is for a debt or liquidated demand, on a like affi-
davit, showing the nature and amount of such claim ; in
either case, such affidavit, further stating that any other
person (naming him) is indebted to such debtor, and is
within the jurisdiction of the Court, and filing such affidavit
with the Clerk, the Clerk shall issue a summons in the form
to the Appendix, calling upon the said person (thereinafter
called the garnishee) to appear within ten days after service
of such summons, and state whetlier or not he admits any
indebtedness due or accruing due as alleged, and to what
amount, and show cause, if any, why he should not pay into
Court the amount of the said indebtedness or sufficient to
satisfy the plaintiff's claim and costs, provided that no order
be made against the garnishee, until after judgment has
been given for the plaintiff in the original action, and pro-
vided that no debt due or accruing to a mechanic, laborer,
servant, clerk or employe in rfespect of his wages or salary
shall be liable to seizure or attachment under this Ordinance
to the extent of one month's wages, not exceeding fifty dol-
lars.
<{04>. Service of such summons upon the garnishee shall
bind such debts in his hands, and in case of a Corporation
being garnishee, that has a branch or skreney thereof within
the jurisdiction, or in case of a non-resident carrying on
business within the jurisdiction, having an agent, managing
clerk or other representative resident and carrying on busi-
ness therein, service of the summons upon such agent, man-
aging clerk or other representative shall bind the debts.
SOT. If the garnishee does not pay into Court the amount
due from him to the debtor, and does not dispute the debt
due or claimed to be due from him to such debtor, or if he
does not appear upon the summons, then the Judge may,
after judgment has been entered against the primary debtor,
order that judgment be entered up against the garnishee,
and that execution issue, and it may issue accordingly, to
levy the amount due from such garnishee, or so much there-
of as may be sufficient to satisfy the judgment or order.
(E. 624.)
37'S Civil Justice.
308. It' the garnishee disputes his liability, the Judge,,
instead of making an order that judgment be entered and
execution issue, may order that auy issue or question neces-
sary for determining his liability be tried or deteimined in
any manner in which any issue or question in an action may
be tried or determined. (E. 625.)
SOO. Whenever, in proceedings to obtain an attachment
of debts, it is suggested by the garnishee that the debt
sought to be attached belongs to some third person, or that
any third person has a lien or charge upon it, the Judge
may (jrder such third person to appear, and state the nature
and particulars of his claim upon such debt. (E. 626.)
jtiO. After hearing the allegations of any third person
under such order as in the next preceding Section men-
tioned, and of any other person whom by the same or any
subsequent order the Judge may order to appear, or in case
of such third person not appearing when ordered, the Judge
may order execution to issue to levy the amount due from
sucli garnishee, or any issue or question to be tried or deter-
mined in manner aforesaid and may bar the claim of such
third person or make such other order as such Judge shall
think fit, upon such terms, in ail cases with respect to the
lien or charge (if any) of such third person, and to costs as
the Judge shall think just and reasonable. (E. 627.)
tiil. Payment made by or execution levied upon the
garnishee under any such proceeding as aforesaid, shall be a
valid discharge to him as against the debtor, to the amount
paid or levied, although such proceedings may be set aside,
or the judgment or order reversed, or the plaintiff fails in
his action. (E. 628.)
3 1 5J. The garnishee shall not be liable for the costs of
the proceeding, unless and in so far only as occasioned by
setting up a defence which he knew, or ought to have known,
was untenable ; and subject to this provision the costs of all
parties shall be in the discretion of the Judge.
INTERLOnUTORY ORDERS A8 TO MANDAMUS, INJUNCTIONS OR
INTERIM PRESERVATION OF PROPERTY.
:it:i
When by any contract a prima facie case of liability
CivU Justice. ;:79
is established, and there is alleged as matter of defence a
right to be relieved wholly or partially from such liability,
the Court or Judge may make an order for the preservation
or interim custody of the subject matter of the litigation, or
may order that the amount in dispute be brought into Court
or otherwise secured. Application for an order under this
Section may be made on notice by any party, at any time
after his right thereto appears from the pleadings ; or, if
there be no pleadings, is made to appear by - affidavit, or
otherwise, to the satisfaction of the Court or Judge. (E. 657
and 663.)
314. It shall be lawful for a Judge, on the application
of any party, to make any order for the sale by any person
or persons named in such order, and in such manner and on
such terms as the Judge may think desirable, of any goods,
wares, or merchandize which may be of a perishable nature
or likely to injure from keeping, or which for any other just
or sufficient reason it may be desii-able to have sold at once.
(E. 658.)
315. It shall be lawful for a Judge, upon the application
of any party to a cause or matter, and upon such terms as
may be just, to make any order for the detention, pieserva-
tion or inspection of any property or thing being the subject
of such cause or matter, or as to which any question may
arise therein, and for all or any of the purposes aforesaid,
to authorize any person to enter upon or into any land or
building in the possession of anj^ party to such cause or
matter, and for all or any of the purposes aforesaid, to
authoi'ize any samples to be taken, or any observation to be
made or experiment to be tried, which may be necessary or
expedient for the purpose of obtaining full information or
evidence. (E. 659.)
3 1 6. It shall be lawful for the Judge, by whom any cause
or matter may be heard or tried, with or without a jury or
before whom any cause or matter may be brought, to inspect
any property or thing concerning which any question may
arise therein, and in jury cases the Judge may make all such
orders upon the Sheriff', or other person as may be necessary
to procure the attendance of the jury at such time and place
and in such manner as he may think fit. (E. 660 and 661.)
380 Civil Justice.
311. Where an action is brought to recover, or a defend-
ant in his defence seeks, by way of counter-claim, to recover
specific property other than land, and the party from whom
such recovery is sought does not dispute the title of the
party seeking to recover the same, but claims to recover the
property by virtue of a lien, or otherwise, as security for
any sum, the Judge may, at any time after such last men-
tioned claim appears from the pleadings, or, if there be no
pleadings, by atSdavit or otherwise to the satisfaction of
such Judge, order that the party, claiming to recover the
property, be at liberty to pay into Court, to abide the event
of the action, the amount of money in respect of which the
lien or security is claimed and such further sum, if any, for
interest and costs as such Judge may direct, and that upon
such payment into Court being made, the property claimed
be given up to the party claiming it. (E. 664.)
318. Where any real or personal estate forms the sub-
ject of any proceedings in the Court and the Judge is satis-
fied that the same will be mox-e than sufficient to answer all
the claims thereon which ought to be provided for in such
proceedings, the Judge may at any time after the commence-
ment of tlie proceedings, allow to the parties interested
therein, or any one or more of them, the whole <ir part of
the annual income of the real estate, or a part of the per-
sonal estate, or the whole or a part of the income thereof,
up to such times as the Judge .shall direct. (E. 665.)
319. Wlienever in an action for the administration of
the estate of a deceased person, or execution of the trusts of
a written instrument, a sale is ordered of any property
vested in any executor, administi-ator, or trustee, the con-
duct of such sale shall be given to such executor, adminis-
' trator, or trustee, unless the Judge shall otherwise direct.
(E. 666.)
330. An injunction shall be by a judgment or order, and
any such judgment or order shall have the effect which a
writ of injunction has in England. (E. 667.)
331. In any cause or matter in which an injunction haa
been, or might have been claimed, the plaintiff may, before
or a,fter judgment, apply for an injunction to restrain the
defendant or respondent from the repetition or continuance
Civil Jiistice. 381
of the wrongful act or breach of contract complained of, or
from the commission of an injury or breach of contract of a
like kind relating to the same property or right or arising
out of the same contract ; and the Judge may grant in-
junction, either upon or without terms, as may be just. (E.
668.)
RECEIVERS.
333. Where an order is made directing a receiver to be
appointed, unless otherwise ordered, the person to be ap-
pointed shall tirst give secui-ity, to be allowed by a Judge,
duly to account for what he .shall receive as such receiver,
and to pay the same as the Coui-t or Judge shall direct ; and
the person so to be appointed shall, unless otherwise ordered,
be allowed a proper salary oi' allowance. (E. 672.)
333. When a receiver is appointed with a direction that
he .shall pass accounts, the Judge shall fix the days upon
which he shall annually, or at longer or shorter periods,
file, and pass such accounts, and also the days upon which
he sha-U pay the balances appearing due on the accounts so
filed, or such part thereof as shall be cej'tified as proper to
be paid by him, and with respect to any .such receiver as
shall neglect to file and pass his accounts, and pay the bal-
ances thereof at the times so to be fixed for that purpose as
aforesaid, the Judge, before whom any such receiver is to
account, may, from time to time, when his subsequent ac-
counts are produced to, be examined and passed, disallow the
salary therein claimed by such receiver, and may also, if he
.shall think fit, charge him with interest upon the balances
so neglected to be paid by him during the time the same
shall appear to have remained in the hands of any such
receiver. (E. 674.)
334. In case any receiver failing to file any account or
affidavit, or to pass such account, or to make any payment
or otherwise, the receiver, or the parties, or any of them
may be required to attend before the Judge to show cause
why such amount or affidavit has not been filed, or such
account passed, or such payment made, or any other proper
proceeding taken, and thereupon such directions as .shall be
proper may be given by the Judge including the discharge
of any receiver and appointment of another, and payment
of costs. (E. 677.)
382 Civil Jtosnce.
335. When a receivership has been completed, the book
containing the accounts shall be deposited in the Clerk's
office.
336. The accounts of liquidators and of guardians shall
be passed and verified in the same manner as receiver's ac-
counts.
ATrACHMENT BEFORE JUDGMENT.
33T. At or after the commencement of any suit wherein
the claim is for the recovery of an indebtedness from the
defendant to the plaintiff exceeding fifty dollars, upon affi-
davit made by the plaintiff, or one of several plaintiffs if
more than one, his or their agent having a personal know-
ledge of the matter, stating clearly and succinctly from what
cause such indebtedness arose and the amount thereof, and
that he has good reason to believe (giving such reasons
therefor) that the defendant
(a.) Has absconded from the Territoi-ies, leaving personal
property in any judicial district thereof liable to seizure
under execution for debt ;
(h.) or has attempted to remove such personal property
out of the said Territories, or to sell or dispose of the same,
with intent to defraud his creditors generally, or the plaintiff
in particular ;
(c.) or keeps concealed to avoid service of process ; and in
either case, that the deponent verily believes that without
the benefit of the attachment the plaintiff will lose his debt
or .sustain damage.
And upon the further affidavit of one other credible person
that he is well acquainted with the defendant and has good
reason to believe (giving such reasons) that the defendant
has absconded, or has attempted to remove his personal pro-
perty out of the said Territories,' or to sell or dispose of the
same, or keeps concealed, with intent as aforesaid, as the case
may be ; and upon filing the said affidavits, the Clerk shall
issue in the cause a writ of attachment in the form given in
the Appendix hereto, directed to the Sheriff', commanding
him to attach, seize, take and safely keep all the personal
property and effects of such debtor liable to seizure under exe-
cution for debt, and to return such writ to the Court ; provid-
ed that in any cases where the debtor has absconded from
the Territories, leaving no wife or family behind, no property
of such debtor shall be exempt from seizure.
Missing Page
384 CivU Juntice.
curred by the seizure and sale thereof, in case judgment is not
obtained by the plaintiif against the defendant, then the
Sheriff, with the approval of a Judge, shall proceed to sell
all or any of such enumerated articles 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 allow of that delay, in which case the officer shall
sfell such articles last mentioned forthwith, and shall hold
the proceeds of such sale for the same purposes as he would
have held any property seized under the attachment.
334. When several persons sue out writs of attachment
against a defendant in attachment, the proceeds of the pro-
perty and eftects attached shall, subject to any priorities
authorized by Law, be rateably distributed among such of the
attaching plaintiffs in such writs, and such other persons as
shall in due course obtain judgment against the defendant
in the said Court, and sue out executions thereon in propor-
tion to the sums actually due upon such judgments, and the
Judge may on application delay such distribution to give
reasonable time for the obtaining of judgments, as also to
fix a date for such distribution.
335> Any person who has commenced a suit in any Court,
the process wherein was served before the plaintiff who sues
out a writ of attachment against the same defendant has
sef-ved his writ, may, notwithstanding the suing out of a
writ of attachment, proceed to judgment and execution in
his suit in the usual manner ; and if he obtains execution
before the plaintiff in any such writ of attachment, he shall
have the full advantage of his priority of execution, in the
same manner as if the property and effects of such abscond-
ing debtor still remained in his own hands and possession;
but if the Judge so orders, such execution shall be subject
to the prior satisfaction of all costs of suing out and execu-
ting the attachment.
REPLEVIN.
334>. In any action brought for the recovery of any per-
sonal property, and claiming, whether alone or with any
other claim, that such property was unlawfully taken, or is
unlawfully detained, the plaintiff may at any time after the
issue of the writ of summons, obtain a writ of replevin for
Civil J'Vbstice. 388
the delivery of the propei-ty to him. oil his coioplying with
the following Sections ; such writ shall be in the form in the
Appendix to this Ordinance, with such variations as circum-
stances may require ; but nothing herein contained shall
authorize the replevjdng any property seized by the Sheriff
or any other ofEcer charged with the execution of any pro-
cess issued out of the Court.
337. Writs of replevin shall be issued by the Clerk of
the Coui't, upon the plaintiff, or his duly authorized agent,
filing an affidavit, naming the Judicial District in which the
property is, and
(1.) Embodying a descriptiou of the property sought to
be replevied, and the value thereof, to the best of the
deponent's belief ; and that the person claiming is the owner
or is entitled to the possession of the said property;
(2.) Further stating, if replevin be sought in the case of
property distrained for rent, or daimage feasant, that the
property was taken under color of disti-ess for rent or
damage feasant, as the case may be ;
(3.) Or in the case of property wrongfully taken out of
the possession of the claimant, or fraudulently got out of
his possession, stating, in addition to the particulars requir-
ed by sub-section one of this Section, the time and the
wrongful and fraudulent manner in which the same was
taken or gotten out of his possession, and such facts and
circumstances as show that the claimant is entitled to the
posses.sion of the property.
338. Before the Sheriff replevies, he shall take a bond in
double the value of the property to be replevied, as stated
in the writ. The bond shall be assignable to the defendant
by the Sheriff endorsing his name thereon, and such endors-
ment shall enable the plaintiff to bring action thereon in his
own name against the parties who have executed it. The
bond may be in the form in the Appendix to this Ordinai^ce,
with such variations, as circumstances may require.
339. A copy of such writ shall be served on the defen-
dant personally, or, if he cannot be found, left at his usual
or last place of abode, with his wife or some other grown-up
person, being a member of his family or household, or if no
186 I Civil Justice.
person resident, then posted in a conspicuous place on the
premises, or having no known residence, posted up in the
office of the Clerk who issued the writ ; but such service or
posting shall not be made until the Sheriff has replevied
the property described in the writ, or such part thereof as
can be found ; and in case the said Sheriff or other officer
has good reason to suspect that the property to be re-
plevied, or any part thereof, is secured, contained, or con-
cealed in any dwelling-house, building or enclosure of the
defendant, or of any other person keeping or holding the
game, and the said Sheriff or officer demands from the
owner, occupier or other person in charge of the premises
aforesaid, deliverance of the said property, and the same
shall not be delivered upon such demand, he may, and if
necessary he shall (but only between sunrise and sunset)
break open such premises and enter and search the same
for the purpose of replevying the property demanded, and
if found therein replevy the same.
340. The Sheriff shall return the writ to the Clerk of the
Court, whence it issued, with a statement of his doings
theron, and shall annex to the return of the writ :
(1.) The names, places of residence, and additions of the
sureties in, and the date of the bond taken from the plain-
tiff, and the names of the witnesses thereto ;
(2.) The number, quality and quantity of the articles of
property replevied, and, in case he has replevied only
% portion of the property mentioned in the writ, and can-
not replevy the residue, he shall state in his return the ar-
ticles which he cannot t-eplevy, and the reasonwhy noi
INTERPLEADER.
841. Relief by way of interpleader may be granted, —
(1.) Where the person seeking relief (in this Ordinance,
called the applicant), is under any liability for any debt
money, goods or chattels, for or in respect of which he in
or expects to be sued by two or more parties (in this Ordi-
nance called the claimants) making adverse claims thereto ;
(2.) Where the applicant is a Shex-iff charged with the ex-
anition or process by or under, the Authority of the Court, and
daim is made to any money, goods or chattels taken or in-
tended to be taken in execution or attached under any pro-
cess, or to the proceeds or value of any such goods or chat-
Civil Justice. 387
tels by any person other than the person against whom the
process issued. (E. 850.)
342. The applicant must satisfy the Court or Judge by
affidavit or other-\yise :
(1.) That the applicant claims no interest in the subject-
matter or dispute, other than for charges or costs ; and
(2.) That the applicant does not collude with any of the
claimants ; and
(3.) That the applicant is willing to pay or transfer the
subject-matter into Court or to dispose of it as the Court or
Judge may direct. (E. 851.)
343. The applicant shall not be disentitled to relief by
reason only that the titles of the claimants have not a com-
mon origin, but are adverse to and independent of one
another. (E. 852.)
344. When the applicant is a defendant, application for
relief may be made at any time after service of the writ of
summons. (E. 853.)
345. The applicant may take out a summons calling on
the claimants to appear and state the nature and particulare
of their claims, and either to maintain or relinquish them.
(E. 854.)
346. If the application is made by a defendant in an
action, the Court or Judge may stay all further proceedings
in the action. (E. 855.)
341. If the claimants appear in pursuance of the sum-
mons, the Court or Judge may order either that any claim-
ant be made a defendant in any action already commenced
in respect of the subject-matter in dispute in lieu of or_ in
addition to the applicant, or that an issue between the claim-
ants be stated and tried, and, in the latter case, may direct
which of the claimants is to be plaintiff and which defend-
ant, as) also the time and place for the trial of such issue.
(£.856.
348. The Judge may, if it seems desirable so to do, dis-
pose of the merits of their claims, and decide the same in a
gy^ Civil Justice,
summary manner and on such terms as may be^ just. (E.
857.)
349. When the question is a question of Law, snd the
facts are not in dispute, the Judge may either decide the
question without directing the trial of an issue, or order that
a special case be stated for the opinion of the Court. If a
special case is stated, the provisions herein relating to special
cases shall, as far as applicable, apply thereto. (E. 858.)
350. If a claimant, having been duly served with a sum-
mons calling on him to appear and maintain, or relinquish
his claim, does not appear in pursuance of the summon.s, or,
having appeared, neglects or refuses to comply with any
order made after his appearance, the Court or Judge may
make an order declaring him, and all persons claiming under
him, for ever barred against the applicant, and persons
claiming under him, but the order shall not aifect the rights
of the claimants as between themselves. (E.' 859.)
351. In any interpleader proceeding,' the decision of the
Court or Judge shall be final and conclusive against the
claimants, and all persons claiming under them, unless
appeal lies. (E. 860 in part.)
352. When goods and chattels have been seized in execu-
tion or under attachment, by a Sheriff, and any claimant
alleges that he is entitled under a bill of sale or otherwise,
to the same, by way of security for debt, the Judge may
order the sale of the whole or part thereof, and direct
the application of the proceeds of the .''ale in such manner
and upon such terms as may be just. (E. 861.)
353. The provisions of this Ordinance in respect to dis-
covery and inspection shall, with the necessary modifi-
cations, apply in intei'pleader proceedings, and the Judge be-
fore whom the px'oceedihgs are had may finally dispose of
the whole matter of the interpleader proceedings, including
all costs not otherwise provided for. (E. 862 in part.)
354. In case the Sheriff has more than one writ, at the
suit or instance of different parties, against the same pro-
perty, it shall not be necessary for the Sheriff* to make
separate applications on such writs or in each case ; but he
CivU Jibstiee. 38y
may make one application, and make all the parties, who are
execution-creditors, parties to the said application ; and the
Court or Judge before whom the application is made may-
make such order therein, as if a separate application had
been made upon and in respect of each writ. (R.S.M. 601.)
355. Pending the adjudication of any such claim, the
Sheriff may, upon sufficient security being given to him by
bond or otherwise, for the forthcoming and delivery to him
of the property so taken, or the value thereof when demand-
ed, permit the claimant to retain possession of the same
until there shall be final adjudication in respect of the same;
but in every such case it shall be competent for the said
Sheriff or other officer, at any time he shall see fit, to resume
the actual and absolute possession and custody of the said
property, notwithstanding snch bond or security. Horses,
cattle, sheep, or any perishable goods, the subject of inter-
pleader, may, at the request of either party and upon hia
furnishing sufficient security, or by order of the Judge, be
sold by the seizing officer at public auction to the highest
bidder, giving not less than ten daj's notice of such sale
unless any of the articles are of such a nature as not to ad-
mit of that delay, in which case they may be sold forth-
with.
356. The Court or a Judge may, in and for the purposes
of any interpleader proceedings, make all such orders as to
costs and all other matters as may be just and reasonable.
(E. 864.)
LUNATICS.
351. The word " lunatic," in the subsequent Sections of
this Ordinance shall include an idiot or other person of un-
sound mind.
358. In the case of lunatics and their property and
estates, the jurisdiction of the Court shall, subject to the fol-
lowing provi-sions, include that which in England is confer-
red upoa the Lord High Chancellor by a Commission from
the Crown, under the Sign Manual.
359. Proceedings in lunacy shall be by petition to the
Judge, filed with the Clerk of the Court for that purpose.
390 . Civil Justice.
rerified on oath, setting forth the grounds on which the ap-
plication is made and the relation, connection of the peti-
tioner to or with the alleged lunatic and his property and
estate, as also a description and value of the same separa;-
ting real and personal estate. (R. S. M., cap. 58.)
360. Upon presentation of such petition, the Judge shall
appoint a time and place at which he will hear the same, at
which time and place (all necessary parties having been duly
notified) the Judge shall enquire into the facts and hear
such evidence under oath as may be adduced, and thereupon
determine whether or not the person who is the subject of
the enquiry is, at the time of such enquiry, of unsound
mind, has property and is incapable of managing such pro-
perty. (R S. M. cap. 58.)
361. A copy of such petition and notice of the intended
application shall be served on the alleged lunatic, unless
such service be dispensed with by the Judge.
36^. The Judge may order the issue of a Commission to
take evidence to be Used on any such hearing, as in any or-
dinary suit in Court, and all depositions taken thereunder
shall be received in evidence at the hearing, saving all just
exceptions. (R. S. M. cap. 58.)
363. In case the Judge shall determine such person to
be a lunatic and that he has property, the Judge shall forth-
with order the appointment, under the seal of the Court, of
one or more persons as guardian or guardians to his estate.
(R. S. M. cap. 58.)
364. On every such enquiry the alleged lunatic, if he be
within the jurisdiction of the Court, shall be produced and
examined by the Judge, unless such examination be dis-
pensed with. (R. S. M. cap. 58.)
365. The Judge may order the costs, charges and ex-
penses of and incidental to proceepings in matters of lunacy
to be paid either by the party presenting the petition or the
party opposing the same (if opposition is made), or out of
the estate, or partly one way and partly the other. CR.S.M.
Cap, 58.)
Oivil Jv^tice. 391
366. In every case, unless otherwise specially provided
by order of the Judge, the followiug provisions shall b«
complied with:
(1.) The guardian of the estate shall, before receiving his
appointment, furnish his own bond, together with those of
two or more persons approved of by the Judge, as sureties
in double the approximate value of the personal estate and
of the annual value of the real estate, for duly accounting
for the same, once in each year, or oftener if required by
the Judge or Court, such bond to be in a form, approved
of by tlie Judge, to the Clerk of the Court and his sucessora
in office, or legal assigns, which bond shall be filed in Court;
(2.) The guardian of the estate shall, within six months
after appointment, file in Court a true inventory, of the
whole real and personal property and estate of the" lunatic,
stating the income and profits thereof and setting forth ths
debts, credits and effects of the lunatic, so far as the same
have come to the knowledge of the guardian ;
(3.) If any property belonging to the estate be disooverad
after the filing of the inventory, the guardian shall file a
true account of the same from time to time, as the same is
discovered ;
(4.) Every inventory shall be verified by the oath of the .
guardian, taken before the Judge or Clerk of the Court.
(R S. M. cap. 58.)
367. Whenever the personal estate of a lunatic is no*
sufficient for the discharge of his debts,
(1.) The guardian of tlie estate may apply by petition to
the Judge for authority to mortgage or sell so much of the
real estate as may bo necessary for the payment of such
defets ;
(2.) Such petition shall set forth the particulars and amount
of such estate, real and personal, of the lunatic, the ap-
plication made of any personal estate, and an account of th«
debts and demands against the estate ; , '
(3.) The Judge shall make or cause to be made enquiries
into the truth of the representations made in the petition, and
hear all parties interested in the real estate ;
(4.) If the Judge is satisfied, as to the result of such en-
quiries, that the personal estate is not sufficient for the, pay-
ment of the debts and that the same has been applied to
that purpose as far as the circumstances of the case render
proper, the Judge may-order the real estate or a sufficient por-
;iy2 Civil J It dice.
tiou of it to be mortgaged or sold by the guaidian, and the
moneys thus raised shall be employed for the payment of the
debts of the estate, and, if insufficient, shall be distributed
in the same way as intestates' estates are distributed by
Law, the guardian having first provided a bond, with sur-
eties, similar in terms to that required by sub-section 1 of
Section 366 of this Ordinance, for duly accounting for the
proceeds so raised. (E. S. M. cap. 58.)
308. When the personal estate and the rents, profits and
income of the real estate of the lunatic are insufficient for
his maintenance or that of his family, or for the proper edu-
cation of his children, or when for any other cause it shall
appear desirable so to do, on application made by the guar-
dian or by any member of the family of the insane person,
the Judge may, after enquiry as hereinbefore piovided in
the case of debts, order the mortgaging or sale of the whole
or part of the real estate of the lunatic by the guardian, the
guardian having first provided a bond, with sureties, as re-
quired by the preceding section. (R. S. M. cap, 58.)
309. The Judg;e may order such fees to the Clerk of the
Court and costs of and relating to any petition, order, direc-
tion and conveyance, including remuneration to the guar-
dian, as he may consider reasonable, to be paid and raised
from the lands, rents or personal estate of the lunatic in res-
pect of whom the same may be respectively incurred, made
or caused. (R. S. M. cap. 5<S.)
310. On sufficient grounds shown, the Judge may remove
a guardian and appoint another in his stead. (R. S. M.
cap. 58.)
3T1. In the proceedings aforesaid, the petitions and
pkpers may be entitled as follows :
In the Supreme Court,
District.
In the matter of
(R. S. M. cap. 58.)
Civil Justice. 393
GUARDIANSHIP OF INFANTS.
313. The Court may appoint guardians of infants (such
infants not having a father living or any legal guardian
authorized by Law to take the care of their persons and tlie
char^Tc of their estates), and letters of appointment may be
obtained as in the case of letters of administration ; a record
of every appointment or removal shall be made, and the like
record thereof kept with the papers upon which the appoint-
ment and removal is made, in like manner, as near as may
be, as in the case of probate and administration. (R. S. M.
cap. 39.)
3T3. The Court or Judge may, upon hearing the petition
of the mother of an infant whose father is dead, appoint the
mother or some other person to take the guardianship of the
person of the infant, notwithstanding any testamentary pro-
visions to the conti-ary, or any appointment of another per-
son as guardian by the father, if it shall appear just and
proper ; and may also make an order for the maintenance of
the infant, by the payment, out of any estate to which the
infant is or shall be entitled, of such sum or sums of money,
from time to time, as, according to tlie value of the estate,
such Court or Judge thinks just and reasonable. (R. S. M.
cap. 39.)
374. The Court or Judge may give effect to the testa-
mentary appointment, by the mother, of guardians of infant
children, either as respects the person or estate, or one or
both, notwithstanding the previous appointment of guardians
by testament of the father of such infants, upon petitions
presented and facts proved, if it shall seem advisable and in
the interest of the infants to do so : and may make an order
for the maintenance of the infants, as in the last preceding
Section mentioned. (R. S. M. cap. 39.)
3T5. Testamentary guardians and trustees may be re-
moved for proper cause, the same as other guardians and
trustees. (R. S. M. cap. 39.)
316. In all matters and applications touching or relating
to the appointment of guardians, control or removal of
guardians of any infants, and the security to be given by
such guardians or otherwise, the Court or Judge shall have
894 Civil Justice.
full power and authority to summon and order the atten-
dance of witnesses, and to order the examination of the same
before the Court or Judge, and to order the production of '
deeds, writings and documents, and generally to enforce all
orders, decrees and judgments, in such manner as shall seem
expedient, according to the practice and procedure of the
Court in that behalf, and in such manner as the Court or
Judge shall direct. (R. S. M. cap. 39.)
377. Upon the written application of any infant or the
friend or friends of any infant, and upon notice thereof to
the mother of such infant, if living in the Tei-ritories,
the Court or Judge may, upon a proper case made out for
that purpose, appoint some siiitable and discreet person or
persons to be guardian or guardians of such infant. (R. S.
M. cap. 39.)
378. There shall be taken from the guardian or guardi-
ans appointed by the Court, a bond in the name of the in-
fant or infants, in such penal sum, and with or without
sureties, as the Court or Judge shall direct or approve, hav-
ing regard to the circumstances of each case ; and such bond
shall be conditional that the said guardian or guardians
shall and will faithfully perform the said trust, and that he
or they, his or their executors or administrators, shall and
will, when the said ward becomes of the full age of twenty-
one years, or whenever thereunto required by the Court or
any Judge, render to his or their said ward, or his or their
executors or administrators, a true and just; account of all
goods moneys, interests, rents, profits of property of such
ward, which have come, or which might but for his or their
default have come into the hands of such guardian or guar-
dians, and shall and will tliereupon, without any delay, de-
liver and pay over to the said ward, or to his or her execu-
tors or administrators, the property or the sum or balance of
money which may be in the hands of the said guardian or
guardians, belonging to such ward, deducting therefrom and
retaining a reasonable sum for the expenses and charges of
the said guardian or guardians ; and such bond shall be filed
and recorded in the books in the office of the Clerk of the
Court. (R, S. M. cap. 39.)
379. The guardian or guardians of any infant so appoint-
ed shall, during the continuance of his or theii- guardian-
Civil Justice. 396
ehip, have authority to act for and in behalf of his or their
ward ; and shall have .the charge and management of the
estate, both real and personal, of the said ward ; the care of
the person and education of such ward ; and in case the in-
fant be under the age of fourteen years, may, with the ap-
probation of two of Her Majesty's Justices of the Peace and
the consent of such ward, or in case the infant be not under
the age of fourteen years, then with the consent of the ward
only, may place or bind him or her an apprentice to any
lawful trade, profession or employment; such apprentice-
ship in the case of males not extending beyond the age of
twenty-one years, and in the case of females, not beyond
the age of eighteen years, or the marriage of the ward with-
in that age. (R. S. M. cap. 39.)
380. The Court or Judge may, on proper cause being
shown for that purpose, discharge any such ward from the
apprenticeship in the last preceding section mentioned, and
order the articles or instrument of apprenticeship to be de-
livered up to be cancelled, or make such other order in re-
spect of the master or apprentice, or either of them, as shall,
under the circumstances, appear to be proper and just ; and
may also, upon reasonable complaint made and sustained,
remove any guardian or guardians from his or their guardian-
ship ; and, if it shall appear necessary, appoint another
guardian or guardians in his or their stead. (R S. M. cap.
39.)
381. The practice and procedure in respect of guardian-
ship, and all questions relating thereto, shall conform, as
nearly as the circumstances will admit, to the practice and
procedure in England ; provided always, that the Court or
Judge may in any case where the circumstances W'arrant it,
to save expenses, vary the same. (R. S. M. cap 39.)
CUSTODY OF INFANTS.
383. The Court or Judge, upon application by the mother
of any infant being in the sole custody or the control of the
father thereof, or of any other person by his authority, or of
any other person without his authority, or of any guardian
after the death of the father, may make an order for the
access of the mother to such infant, at such times and sub-
ject to such regulations as the Court or Judge thinks con-
396 Civd Justice.
venient and just ; and if such infant be within the age of
twelve years, may make an order for the delivery of such
infant into the custody and control of the mother, and there
to remain for such time and under such conditions as the
Court or Judge shall prescribe ; and in disposing of any
such application the Court or Judge may also make an order
for the maintenance and education of such infant by pay-
ment by the father thereof, or by payment, out of any estate
to which such infant may be entitled, of such sum or sums
of money, from time to time, as, according to the pecuniary
circumstances of such father, or the value of such estate, the
Court or Judge thinks just and reasonable. As a rule, the
father shall have the custody and control of his infant
children ; but it shall be lawful for the Court, or any Judge,
on a proper' case made for that purpose, to order any infant
child or children to be delivered into the sole custody and
control of the mother, on such conditions and subject to
such regulations as the circumstances and facts of the case
shall render proper, reasonable and just, wherever such
child or children may be or under whatever authority and
control they may have been placed, any law, usage or cus-
tom to the contrary notwithstanding. (R. S. M. cap. 39.)
38JJ. On the investigation of the facts on any application
mentioned in the preceding section, the Court or Judge may
enforce the attendance of any person before Court or Judge,
and take evidence under oath touching the matter of the ap-
plication, by rule or order made for that purpose ; and on
failure of the person to attend for the purpose aforesaid,
after notice of the rule or order in that behalf, to order that
such person shall be committed for contempt of Court ; or
may decide such application on affidavits received and filed
or to, be received and filed, or on the evidence taken viva
voce and the said affidavits. (R. S. M. cap. 39.)
384. All orders and rules made by a Judge or by the
Court, under any of the preceding sections of this Ordin-
ance may, in addition to all other remedies, be enforced by
attachment or process for contempt by the Judge or by the
Court, according as the same shall be made by a Judge or
the Court. (R. S. M. cap. 39.)
385. No order, directing that the mother shall have the
custody of or access to an infant, shall be made in virtue of
Ciril Ja.'^thr. 397
the preceding Sections of this Ordinance in favor of a mother
against whom adultery has been established, oi- to whom
the custody and control of an infant could not be safely con-
tided on account of improper conduct Oi- habits of life. (R.
S. M-;* cap. 39.)
ESTATE AND PROPERTY OF INFANTS.
38C When an infant is seized or possessed of, or entitled
to any real estate in fee simple or for a term of years, or
otherwise howsoever in the Territories, and the Court
or a Judge is of opinion that a sale, lease or other
disposition of the same or of any part thereof, is expedient
necessar}'^ or proper, in the intere.'it of the infant or for the
maintenance or education of the infant or that by i-eason of
any part of the property being exposed to waste and delapi-
dation, or to depreciation from any other cause, satisfactorj'
to the Court or Judge his interest requires or will be sub-
stantially promoted by such sale, lease or other disposition,
the Court or Judge may order the sale, letting for a term of
years, or other disposition of such real estate or any part
thereof, to be made under the direction of the Court or
Judge, or by the guardian of the infant, or by any person
appointed for the purpose, in such manner and with such
restrictions as may seem expedient ; and may order the in-
fant to convey or demise, or otherwise dispose of the estate
as the Court or Judge thinks proper. (R. S. M, cap. 39.)
SSI. The application shall be made in the name of the
infant by his next friend, or by his guardian ; but shall not
be made without the consent of the infant if he is of the age
of seven years or upwards. (R. S. M. cap. 39.
388. When the Court or Judge deems it convenient that
a conveyance should be executed by some person in the place
of the infant, the Court or Judge may direct some other
person in the place of the infant to convey the estate. (R.
S. M. cap. 39.)
- 389. Every such conveyance, whether executed by the
infant or some person appointed to execute the same in his
place, shall be as effectual as if the infant had exe.cuted the
same,' and had been of the age of twenty-one years at the
time. (R. S. M. cap. 39.)
398 CivU Justice.
390. The moneys arising from any such sale, lease or
other disposition shall be laid out, applied and disposed of in
such manner as the Court or Judge directs. (R. S. M.
cap. 39.)
391. On any sale, lease, or other disposition so made,
the moneys so raised, or the securities taken or the surplus
thereof shall be of the same nature and character as the
estate sold or disposed of, and the heirs, next of kin, or
other representatives of ithe infant, shall have the like
interest in any surplus which may remain of the proceeds
at the decease of the infant as they would in the estate sold
or disposed of, if no sale or other disposition had been made
thereof. (R. S. M. cap. 39.)
393. If any real estate of an infant is subject to any in-
cumbrance, and the person entitled to such incumbrance,
consents in writing to accept in lieu of such incumbrance,
any gro.ss sum of money which the Court or Judge thinks
reasonable, or the permanent investment of a reasonable sum
of money in such manner that the interest thereof be made
payable to the person entitled to such incumbrance during
her or his life, the Court or Judge may direct the payment
of such sum, or the investment of such other sum of money,
out of the proceeds or other disposition of the real estate of
the infant ; provided always, that it shall be competent for
the Court or Judge in any case w-here the estate of the in-
fant is subject to any lien or incumbrance of uncertain
duration, to compute the reasonable value of the same, and
to order the sale or other disposition of the estate of the
infant freed or discharged from such incumbrance, and
direct the payment of the value of such incumbrance out of
the proceeds of the sale or other disposition of the real estate
of the infant. (R. S. M. cap. 39.)
393. In any proceeding for the selling, letting or other
disposition of the estate of an infant, it shall not be neces-
sary that the infant shall appear in propria persona before
the Court or Judge, unless so ordered ; but the ground of
the proceeding must be made out to the satisfaction of the
Court or Judge, before the application is granted. (R.S. M.
cap. 39.)
394. In case of any sale or other disposition of any real
Oivll Justice. 399
estate of an infant under the provisions of this Ordinance,
the interest and estate sold, or otherwise disposed of, may be
conveyed to the purchaser by the vesting order of the Court,
which shall be to all intents and purposes as effectual to pass
the interest- and estate so sold or disposed of, as a convey-
ance duly executed as provided in this Ordinance. (R. S.
M. cap. 39.)
PROBATE.
395. The grant of probate of wills or letters of adminis-
tration shall be made by the Court in the Judicial District
in which the testator or intestate was residing at the time of
his death, or in case of death outside the Territories,
the district within which the testator or intestate had,
at his death, any property ; and shall have effect over
the estate of the deceased in all parts of .the said Territories
396. In the absence of any application to prove a will, or
for letters of administration within twenty days after the
decease of any person leaving personal estate, letters of
administration may be granted to any person possessing the
necessary qualifications to execute the trast, and considered
suitable by the Judge.
397. Every person to whom letters of administration or
guardianship are committed shall give a bond or bonds to
the Judge granting the same, with one or more sureties as
may be required by the said Judge, in such form and in such
penalty as he may direct, or in cases where the estate to be
administered is of small value, such bond or bonds may be
dispensed with.
398. Any person interested in the estate may, by leave
of the Court or Judge, institute proceedings in his ovm name
on the bond or bonds without an assignment thereof to him.
399. Where any probate or letters of administration, or
other legal document purporting to be of the same nature,
granted by a Court of competent jurisdiction in the United
Kingdom, or in any Province or Territory of the Dominion,
or in any' other British Province, is produced to, and a copy
400 Givil Justice.
thereof deposited with the Registrar of the Supreme Court
of the Territories, and the prescribed fees are paid as on a
grant of probate or administration, the probate or letters
of administration, or other document aforesaid, shall, under
the direction of the Judge, be sealed with the seal of the
Supreme Court of the Territories, and shall thereupon be
of the like force and effect in as respects personal estate
only, as if the same had been originally granted by the said
Supreme Couit, and shall be subject to any order of the
last mentioned Court, or on appeal therefrom, as if the
probate or letters of adminLstration had been granted
thereby.
(2.), The letters of administration shall not be sealed with
the seal of the Supreme Court until security has been given
in a sum of sufficient amount to cover the assets within the
jurisdiction of such Court as in the case of granting original
letters of administration.
400. Before probate of a will or letters of administra-
tion, of the personal estate and effects of a deceased person
have been granted, any person may institute proceedings to
restrain any one committing waste by dealing or intermed-
dling with the estate. When such proceedings have been
taken in good faith for the preservation of the property, the
party instituting such proceedings shall be entitled to costs
of the action, unless the Court or Judge shall otherwise
order.
1 401. Where no probate of the will of a deceased person
or letters of administration to his estate have been granted,
and representation of such estate is required in any action
or proceeding in Court, the Judge may appoint some person
administrator ad litem, according as the case may require, to
the estate, and the person so appointed shall give such
security, if not dispensed with, as the Judge may require,
and have pendente lite, as the case may be, the rights,
authorities, and responsibility of an administrator, as in
other cases.
MOTIONS ANp OTHER APPLICATIONS.
40?J. Except on motions or applications for orders to
show cause only, no motion shall be made without previous
notice to the parties affected thereby. But the Court or
Civil Justice. 401
Judge, if satisfied that delay caused by proceeding in the
ordinary way would or might entail irreparable or serious
mischief, may make any order ex parte upon such terms as
to 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. 6'98.)
403. Every notice of motion or application shall state in
general terms the grounds of the application ; and where
any such motion is founded on evidence by affidavit, a copy
of any affidavit intended to be used shall be served with the
notice of motion, (E. 699.)
404. Unless the Court or a Judge gives special leave to
the eontrarj-, there must be at least two clear days between
the service of a notice of motion a,nd the day named in the
notice for hearing the motion. (E. 700.)
405. If, on the hearing of a motion or other application,
the Court or Judge shall be of opinion that anj person to
whom notice has not been given ought to have or to have had
such notice, the Court or Judge may either dismiss the
motion or application, or arljourn the hearing thereof, in
order that such notice may Ije given, upon such terms, if
anv, as the Court or Judge may think ht to impose. (K
701.)
406. The hearing of any motion or application may,
from time to time, be adjourned, upon such terms, if any, as
the Court or Judge shall think fit. (E. 702.)
40T. The plaintiff shall, without any special leave, be at
liberty to serve any notice of motion, or other notice, or any
petition or summons upon any defendant, who, having been
duly served with a writ of summons to appear, has not ap-
peared within the time limited for that purpose. (E. 703.)
408. The plaintiff may, by leave of the Court or JudgB
to be obtained ex parte, serve any notice of motion upon any
defendant, along with the writ of summons, or at any tims
after service of the writ or summons, and before the tims
■ limited for the appearance of such defendant. (E. 704.)
402 Civil Justice.
409. No order shall issue for the return of any writ, or
Qi'der, or to bring in the body of a person ordered to be
attached, arrested or committed; but a notice from the per^
son issuing the writ, or obtaining the order for attachment,
arrest, replevin, or committal, (if not represented by an ad-
vocate), or by his advocate, calling upon the Sheriff to re-
tui'n 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.
700.)
410. Every order shall be dated the day of the month
and year, on which the same was made, unless the Court or
a Judge shall otherwise direct, and .shall take effect ac-
cordingly. (E. 708.)
MANDAMUS.
411. The plaintiff, in any action in which he shall claim
a mandamus to command the defendant to fulfil any duty,
in the fulfilment of which the plaintiff is personally interested,
shall include the demand in his claim annexed to the writ
of .summons. (E. 719.)
413. If judgment be given for the plaintiff, the Court or
Judge may by the judgment command the defendant either
forthwith, or on the expiration of such time and upon such
terms as may appear to the Court or Judge to be just, to
perform the duty in question. The Court or Judge may
adso extend the time for the performance of the duty. (E.
721.)
413. In the event of non-compliance with the judgment
as aforesaid, the same may be enforced by prerogative man-
damus as in Elngland.
414. No action or proceeding shall be commenced or pro-
secuted against any person in respect of anything done in
obedience to a writ of mandamus issued by the Court or
Judge. (E. 730.)
APPLICATIONS AND PROCEEDINGS AT CHAMBERS.
415. Every application at Chambers, not made ex park
or on notice, shall be made by summons. (E. 734.)
civil Justice. 403
416. Every application for payment or transfer out o£
Court made ex parte, and every other application made ex
•parte in which the Judge thinks fit so to require, shall be
made by summons. (E. 735.)
411. Summonses shall not be altered after they are sign-
ed, except upon application at Chambers. (E. 736.)
418. Every summons, except an originating summons,
shall be served two clear days before the return thereof,
unless in any case it shall he otherwise ordered. (E. 737.)
419. Where any of tiie parties to a summons fail to at-
tend, 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 proceed 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, but the Judge
may require such evidence of service as he may think just.
(E. 73S.)
43 D. When the case has been allowed to proceed ex parte,
such proseeding shall not in any manner be reconsidered,
unless the Judge shall be satisfied that the party failing to
a£tend was not guilty of wilful delay or negligence ; and in
such case the costs occasioned by his non-attendance shall
be in the discretion of the Judge, who may fix the same at
the time, and direct them to be paid by the party or his
advocate, before he shall be permitted to have such proceed-
inof reconsidered, or make such order as to such costs as he
may think just. (E. 739.)
431. When a proceeding in Chambers fails by reason of
the non-attendance of any party, and the Judge does not
think it expedient to allow ex parte proceeding, the Judge
may order such an amount of 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.)
433. 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 appoint-
404 CivU Justice.
ed for the consideration or further consideration of the
matter. [E. 74L]
4'ZS. The business to be disposed of by the Judge in
Chambers shall include the following matters, in addition to
the matters which otherwise may be so disposed of :
(1) Applications for payment oi- transfei- to any person
of any cash or securities, interest or dividends standing to
the credit of any cause oi- matter, where there has been a
iudoinent or order declaring the rights, or when the title
depends only upon proof of the identity, or the birth, mar-
riage or death of any person ;
(2) Applications as to guardianship and maintainance of
infants ;
(3) Applications connected with the management of
property :
(4) iipp'ications for or relating to the .sale by auction oi'
private contract of property, and as to the manner in which
the sale is to hv conducted, and for payment into Court and
iii\ e.stment of tl e purchase money ;
(5) Applicatii ns for orders for the distribution of assets
of ab,sc<jU(ling iltbtors or for the distribution of the estate
of an intt'state, or foi- the distribution of a fund among cre-
ditors ;
(6.) Applications for time to plead for leave to amend
pleadings, for discovery and production of documents, and
generally all applications relating to the conduct of any
cause or matter. [E. 764 in part]
(7) Revisio7i of taxatiim of costs by Clerk, within fifteen
days from taxation.
434. The executors or administrators of a deceased per-
son and the trustees under deed or instrument, or any of
them, and any person claiming to be interested in the relief
sought as creditor, devisee, legatee, next of kin, or heir at
law of a deceased pei'son, or as ccniwi que trust under the
trust of any deed or instrument, or as claiming by assign-
ment or otherwise under such creditor or other person as
aforesaid, may apply for and obtain from the Judge a sum-
mons returnable before him in Chambers, at such time as he
may appoint : —
(1) For the administration of the estate of the deceased ;
(2) The administration of the trust ;
(3) The determination of any question affecting the rights
Civil Justice. 405
or iutere.sb'i of the person claiming- to be creditor, devisee,
legatee, next of kin, or.heii- at law, ov cestui que trust:
(4.) The ascertainment of any class of creditors, legatees,
devisees, next of kin or otheis ;
(5.) The fuvnisliing and vouching of any particular ac-
counts by executors, administrators or trustees ;
(6.) The payment into Court of any monej'^ in the hands
of executors, administrators or trustees ;
(7.) Directing the execators or ad ninistrafcors or trustees
to do. or abstain from doing, any particular act in their
character as executors, administrators or trustees ;
(8.) The approval of any sale, purchase, compromise or
other transaction ;
(9.) The determination of any question arising in the
administration of the estate or trust. [E. 765 & 766.]
Provided that proceedings under this Section shall not inter-
fere with or control any power or discretion vested in any
executor, administrator or trustee, except so far as such
interference or control may necessarily be involveil in the
particular relief sought. (E. 774.)
4'45. The summons .shall be served upon such persons as
the Judge may direct.
436. The application shall be supported by such evidence
as the Judge may require. (E. 769.)
4*-J'3'. Upon the return of the summons, and hearing all
parties directed to be served with the same, the Judge may
pronounce such judgment and make such orders as the
nature of the case requires. (E. 770.)
438. The Judge may giv-c any special directions, touching
the carriage o:- execution of the judgment, or order, or the
service thereof upon persons not parties, as he may think
proper. (E. 771.)
439. The Judge may, in such way as he may think fit,
obtain the assistance of accountants, merchants, engineers
and other scientific persons, the better to enable any matter
at once to be determined, and he may act upon the certifi-
cate of any such person. (E. 781.)
430. Where a judgment or order is given or made, direct-
406 Civil Justice.
ing an account of debts, claims or liabilities, or an inquiry
for heirs, next of kin, or other unascertained persons,
unless otherwise ordered, all persons who do not come in
and prove their claims within the time, which may be fixed
for that purpose by advertisement, shall be excluded from
the benefit of the judgment or order. (E. 806.)
431. At any time during proceedings at Chambers under
any judgment or order, the Judge may, if he shall think fit,
appoint a guardian ad liten for an infant, or person of un-
sound mind, not already so found, who has been served with
notice of such judgment or order.
COURT IN BANC.
43^. There shall be two regular sittings of the Supreme
Court ill banc in each year, to commence at 10 o'clock
a.m. on the first Mondays in June and in December respect-
ively. The sittings may be adjourned from time to time,
as may be necessary.
433. If on any of the days appointed for the sittings of
the Court in banc, a sufficient number of Judges to consti-
tute a quorum have not arrived, the senior Judge present
shall make such adjournment as he may think proper.
434. No judgment given or order made by the Court or
a Judge, by the consent of parties, or as to costs only, which
by Law are left to the discretion of the Court or Judge
ehall be subject to any appeal, except by leave of the Court
or Judge, giving the judgment or making the order.
435. No appeal shall lie from the judgment or order of
the Coui-t presided over by a single Judge, or a Judge of
the Court to the Court in banc, without the special leave of
the Judge or Court whose judgment or order is in question,
unless the title to real estate, or some interest therein, or the
validity of a patent is affected, or unless the matter in con-
troversy on the appeal, in matters of contract, exceeds the
/sum of five hundred dollars, and, in matters of torts, exceeds
the sum of two hundred dollars, exclusive of costs ; or unless
the matter in question relates to the taking of an annual or
Civil Justice. 407
other rent, customary or other duty or fee, or a like de-
mand of a general oi- public nature affecting future rights.
43C No application to the Court in banc whether for
new trials, or appeals, or motions in the nature of appeals,
shall be entertained, unless the party interested shall within
fifteen days after the gi^■ing of the judgment moved against
or appealed from, have gi\n'n such security as the Court or '
Judge may direct, but the Court or Judge may, before the ;
expiration of that period, enlarge the time for giving such
security.
431. Applications to t!ie, Court iii haiu- shall be by way
of re-hearing, and shall be brought by notice of motion, in
a summary way, and no petition, case, or other forms 1 pr-o-
ceeding. other than such notice of motion, shall be neces-
sary. In appeals, or motions in the nature of appeals, the
appellant may, by the notice of motion, appeal from the
whole, or any part of any judgment or order, and the notice
of motion shall state whether the whole, or part only of
such judgment or order is complained of, and, in the latter
ease, shall specify such part, and such notice of motion shal
state the grounds on which such application is based. (E
86o.)
438. The notice of motion shall be served witlain fifteen
days after the trial, where the application is for a new trial
and after judgment in appeals, but the Court or Judge may
either before or after the expiration of that period enlarge
the time for giving notice.
431). The notice may bt* amended at any time by leave
of the Court or Judge, on such terms as the Court or Judge
thinks just. (E. 555.)
440. In appeals, or motions in the nature of appeals, the
notice of appeal shall be served on all parties directly affect-
ed by the appeal, and it shall not be necessary to serve
parties not so affected ; but the Court may direct notice of
the appeal to be served on all or any parties to the action
or other proceeding, or upon any person not a party, and in
the meantime may postpone or adjourn the hearing of the
appeal, upon such terms as may be just, and may give such
judgment, and make such order as might have been given
408 Civil Justicf.
or made if the persons served with such notice had been
ca'iofinal parties. Any notice of appeal may be amended, as
the Court iiiav think fit. (E. 86U.)
441. On appeal, the Court .shall have, in addition to all
the powers and duties as to amendment, full discretionary-
powers to receive further evidence on questions of facts, as
to matters whicli have occured after the date of the decision
from which the appeal is brought, by affidavit, or by de-
position, taken bc;fore an examiner or conimissioner ; such
rurther evidence shall be admitted on special grounds only,
and not without special leave of the Court. The Court shall
have power to draw inferences of fact and to give any
judgment and make any order which ought to have been
made, and to make such further or other order as the case
may require. The pov\'ers aforesaid may be exercised by
the Court, notwithstanding that the notice of appeal may
be that part only of the decision may be reversed or varied,
and such powers may also be exercised in favor of all or any
of the respondents or parties, although such respondents or
jjai-ties 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. 86<S in part.)
443. A new trial shall not be granted on the ground of
misdirection or of the improper admission or rejection of
evidence, or because the verdict of the jury was not taken
upon a question which the Judge at the trial was not asked
io leave to then;, 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 nii.scarriage affects part
only of the matter in controversy, or some or one only of
the parties, tlie Court may give final judgment as to part
thereof, or some or one only of the parties, and direct a new
trial as to the other part only, or as to the other party or
parties. (E. 556.)
443. A new trial may be ordered on any question, what-
ever be the grounds for the new trial, without interfering
with the finding or decision upon any other question.
(E. 557.)
OivU Judicy. 409
444. When notice oi' motion for a new trial has been
served, the further proceedings on tlie verdict, finding, or
judgment may be stayed, in whole, or in part, until the
decision on such motion, 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, however, shall be entitled to
an order so staying the proceedings on filing sufficient 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 final-
ly given in the cause or matter. An application to the Judge
for such stay of proceedings shall- not prejudice the appli-
cant's right to apply to the Court for such stay.
445. When any question of fact is involred in an appeal
or application for a new trial, the evidence taken in the
Court below, or by the Judge appealed from, bearing on
such question, shall, subjec:. to any special order, be brought
before the Court as follows :
(1.) As to any evidence taken by aflfidavit by the pro
duction of copies of such aflidavits ;
(2.) As to any evidence given orally, by the production
of copies of the Judge's notes, or such other material as the
Court may deem expedient. (E. 875.)
446. No interlocutory order, or rule, shall operate
so as to bar or prejudice the Court from giving such decision
on the appeal as may be just. (E. 878.)
441. No notice of appeal shall operate as a stay of
execution or of proceedings, under the decision appealed
from, or objected to, except so far as the Judge appealed
from, or the Court, may order, and no intermediate act or
proceeding shall be invalidated, except so far as the Court
may direct. Such deposit or other security shall be made
or o-iven as may be directed i)y the Court or Judge, other-
wise the motion of appeal shall not be heard but be dis-
missed. (E. 880, in part.)
448. Where any application ought to be maile to, or any
jurisdiction exercised, or any act done by the Judge by
whom a cause or matter has been tried or heanl, if such
Judo-e die or cease to be a Judge of the Court, or if for any
other rea-son it .shall be impossible or inconvenient that such
410 Civil Justice.
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 causes or matters,
nominate some other Judge to whom such applications may
be made, or bv whom such jurisdiction mav be exercised.
(E. 885.)
441>. A judgment, order, decision, rule or verdict appealed
from, or sought to be set aside, shall stand as if no notice of
appeal, or notice of motion to set the same aside had been
made or ffiven, if the cause or matter in which the same was
made or given be not entered for argument on the first entry
day after such notice, or jf the motion of which such notice
has been given be not made when the cause or matter is
called, unless such default in the moving party be waived
by the other parties interested, or unless the Court shall
otherwise order.
COSTS.
450. Subject to the provisions of this Ordinance, the costs
of and incident to all proceedings in the Supreme Court,
including the administration of estates and trusts, shall be
in the discretion of the Court or Judge ;■ provided that
nothing herein contained shall deprive an executor, admin-
istrator, trustee or mortgagee, who has not unreasonably
instituted, or carried on, oi- resisted any proceedings, of any
right to costs out of a particular estate or fund, to which he
would otherwise be entitled.
451. Provided also that generally in any action, cause or
matter, the costs shall follow the even^. unless the Judge
before whom the same is heai-d or tried, or the Court shall
for good cause otherwise order. (E. 976.)
455J. When the plaintiff in any action resides out of the
Territories, and the defendant, by affidavit of himself or his
agent, allege.^- that he has a good defence on tiie merits to
the action, the defendant shall be entitled to an order requir-
ing the plaintiff, within three months (or such other or
further time as the Court or Judge may deem right), from
the service of the order, to give security for the 'defendant's
costs, and staying all further proceedings in the meantime,
and directing that in default of such security being given the
Civil JuMicf. ■til
action be dismissed with costs, unless the Court or Judge,
on special a.pplicabioh for that purpose shall otherwise
order.
453. In any cause or matter in which security for costs
is required, the security shall be of such amount, and be
given at such times and in such manner and form, as the
Court or Judge shall direct. (E. 9cSl.)
454. Where a bond is to be given as security for costs,
it shall, unless the Court or Judge shall otherwise direct, be
given to the party or person requiring the security, and not
to an officer of the Court. (E. 982.)
455. Where the Court or Judge appoints one of the
advocates of the Court to be guardian ad litem of an infant
or person of unsound mind, the Court or Judge may direct
that the costs to be incurred in the performance of the duties
of such office shall be borne and paid either by the parties,
or some one or more of the parties, to the cause or matter in
which such appointment is made, or out of any fund in
Court in which such infant or person of unsound mind may
be interested, and may give directions for the repayment or
allowance of such costs as the justice and circumstances of
the case may require. (E. 988.)
456. In all cases and proceedings, as also upon interlocu-
tory applications, where a party becomes entitled to costs
from any other party, the same shall be taxed by the Clerk
in accordance with the authorized tariffs, unless the Court
or Judge by order directs the payment of a sum in gross
in lieu of taxed costs and by and to whom such sum in
gross shall be paid.
FEES.
451. Each Clerk .shall be entitled to receive and take the
fees prescribed in the tariff" of Clerks' fees appended to
this Ordinance, for the services therein named ; and for any
necessary services performed not therein prescribed, such
fees as may be authorized by the Judge.
458. Each Sheriff" shall be entitled to receive and take
the fees prescribed in the tariff of Sheriff"s fees appended
to this Ordinance, for the services therein named.
412 Civil Justice.
459. A copy of the tariff of Clerk's and Sheriff's fees
shall be posted in some conspicuous place in the Clerk's
and Sheriff's offices respectively.
460. Witnesses, jurors, and interpreters and parties shall
be entitled to the fees and remuneration named in the
tariff of witnesses', jurors' and interpreters' fees appended
to this Ordinance.
461. All fees and allowances respectively payable under
the said tariffs shall be paid in advance by the parties at
whose instance the service is to be rendered, but in cases
where the amounts are impossible of ascertainment for any
reason, then an amount, approximated by the officer or fixed
by the Judge, shall be deposited or paid to be accounted for
when the correct amount is ascertained.
46/S. In all causes and matters in which duly enrolled
advocates, holding certificates as such, are employed, they
shall be entitled to charge, and be allowed the fees in the
"Advocates' Tariff" appended to this Ordinance, or as the
same may be from time to time varied by the Judges of the
Supreme Court in banc.
463. The Court in hanc may, by order, regulate fees for
services performed by the registi-ars and other officers of
the Court, as also fees to counsel and advocates practising
therein.
464. In every contested case, so soon as an order has
been made for setting the .same down for trial, as provided
by this Ordinance, and the case is set down for trial, the
party at whose instance the said order has been made shall
pay to the Clerk, when the amount in dispute is under one
hundred dollars, two dollars, and in all other cases, four
dollars, as the setting down and hearing fee, — of which sum,
when so paid, the Clerk shall pay over to the Sheriff one
half, as and for his fee in the premises.
465. The Table of Fees in the Schedule appended to this
Ordinance shall Ije and con.stitute the fees to be taken by
Counsel, Advocates and Clerks of the Supreme Court res-
pectively, for the services therein mentioned, in respect of
appeals from convictions and orders of Justices of the Peace,
Civil Justice. 4»13
and proceedings by way of certiorari to bring up convic-
tions and orders of Justices of the Peace.
4C<». Where no provision is made herein for services in
matters of certiorari, and appeals from convictions afoi'esaid,
Counsel, Advocates and Clerks respectively shall be entitled
to tax, receive and recover for services, not herein piovided
for, fees equal to those allowed them respectively in civil
suits, b}' the higher scale tariff of fees for Advocates
appended to this Ordinance.
FORMS.
4451. Tlie forms contained in the Appendix to this Ordin-
ance shall be used in and for the purposes of the Clerk's
office, with such variations as circumstances may require ;
and as to all other matters the fuj'ms used in the adminis-
tration of civil justice in England, as provided by " The
Kules of the Supreme Court, liSSo," are hereby adopted,
with such variations as will make them respecti\'ely applic-
able to proceedings in the Supreme Court of the Territories,
whetlier in banc or otherwise.
MISCELLANEOUS.
All actions and prosecutions to be commenced
against any person for anything purporting to be done in
pursuance of his duty as a public officer (unless otherwise
ordered by the Judge) shall be commenced and tried in the
district.wherein'the act was committed, and must be commen-
ced within six months after the act was committed, and not
otherwise, and notice'in writing of such action an ] of the
cause thereof must be given to the defendant one month at
least before the commencement of the action.
469. If in any cause or matter relating to any real estate,
in respect of which the Court has power +o order a sale, it
shall appear necessary or expedient that the real e.state, or
any part thereof, should be sold, the Court or Judge may
order the same to be sold, in such way and on such terms as
may be considered pioper, and any party bound by the
order and in possession of the estate, or in receipt of the
414 CivU Justice.
rent and profits thereof, shall be compelled to deliver up
such possession or receipt to the purchaser, or such other
person as may be thereby directed. (E. 680.)
ALIAS AND CONCURRENT WRITS.
410. The expiry of any writ or process without service
or execution shall not abate the suit, but the suit may be
continued by the issue of alias or pluries writs or process as
may be necessary, and concurrent writs of summons may
always be issued.
COMMISSIONERS FOR TAKING AFFIDAVITS.
411. All duly enrolled advocates of the Territories shall
be commissioners for taking affidavits in the said Territoi-ies.
413. The Lieutenant-Governor may, by a commission or
commissions under his hand and seal, from time to time em-
power such and so many persons as he thinks fit and neces-
sary to administer oaths and take and recei%e affidavits,
declarations and affirmations without the Territories in or
concerning any cause, matter or thing depending or in any
wise concernitig any of the proceedings to be had in the
Supreme Court of the Territoiies, and every oath, affidavit,
declaration or affirmation taken or made as aforesaid shall
be as valid and effectual and shall be of the like force and
effect to all intents and purposes, as if such oath, affidavit,
declaration or affl)'mation had been administered, taken,
sworn, made or afiirmed before a commissioner for taking
afiidavits within the Territories or other competent author-
ity of the like nature.
(a.) The commissioners so appointed shall be styled com-
missioners for taking affidavits in and for the Supreme
Court of the Territories.
PROCESS ISSUERS.
41"3. In any section of the Territories where the conven-
ience of the public may be the better served, the Clerk,
with the approval of the Judge, may also appoint a process
issuer, who, being supplied with blank forms of original and
tnesne processes signed by the Clerk, may issue the same
under his direction from time to time, such process-issuer
Givil Justice. 415
countersigning each one so issued and making returns of all
processes so issued to the Clerk, as required by the Clerk,
or as directed by the Judge, and. in such cases, the Clerk
and his sureties shall be responsible for all the acts and
omissions of such issuer.
LAWS OF EVIDENCE.
-414. Subject to the provisions of any Act of the Parlia-
ment of Canada, and of this Ordinance, the laws of evidence,
which govern the administration of civil justice in England,
shall obtain in the Courts.
MINORS.
415. Minors may sue for wages in the same way as if of
full age.
SITTINGS ADJOURNED.
416. Whenever from illness or other casualty, the Judge
who should hold a sitting of the Court fails to attend at the
time appointed therefor, the Clerk, at three o'clock in the
afternoon of the day so appointed, shall adjourn such sitting
by proclamation to some hour on the following day to be
by him named, and so on fi-om day to day (but not exceed-
ing three days) until the Judge who is to hold such sitting
as aforesaid is able to hold the same, or until he receives
other directions from such Judge ; but if after the expiiu-
tion of the said period of three days the said Judge has not
arrived, or be still unable to attend, or he be otherwise di-
rected, the Clerk shall adjourn the Court to the next regu-
lar sitting of the same, and report his action thereon to the
Lieutenant-Governor.
SERVICE OF PLEADINGS, ETC.
411. Service of pleadings, notices, summonses, orders,
rules and other proceedings, except writs of summons, at-
tachment and replevin, shall be effected before six o'clock in
the afternoon ; service effected after six o'clock in the
afternoon shall, for the purpose of computing any period '
of time subsequent, to such service, be deemed t-o have been
effected on the following day, and on Saturday the follow-
ing Monday. (E. 971. in part.)
4 it; (Jiril Justice.
4 IS. In any case in which any number of days, not ex-
pressed to be clear days, is prescribed in this Ordinance, the
same shall be reckoned exclusively of the first day and in-
clusively of the last day. (E. 972.)
PROCEDURE IN CASES NOT PROVIDED.
41!) When no other provision is made by this Ordin-
ance, the procedure and practice existing in England, on the
first day of January, A. D. 1«85, shall (adapted to the cir-
cumstances of the Terriiories) be held to lie incorporated as
part of this Ordinance.
BOOKS AND FORMS.
480. All necessary books and forms required for use in
the Clerk's oiRce, shall be supplied out of the General
Revenue Fund of the Territories, and the same shall be the
property of the Government of the said Territories.
RECORDS OF FORMER COURTS.
48 S. In case any of the records of proceedings and
judgment in any cause in any Court of Civil Justice, which
had jurisdiction in the Territories prior to the 18th day of
February, IbiN?, are in the cu.stody or possession of any
person, other than a Clerk of the Supreme Court, or a Judge
thereof, the Judge of the Supreme Court usually exercising
jui'isdietion in the Judicial District, within which any such
records are .so held in custody or possession, may order and
direct that any such records shall be delivered up to and be
filed in the office of .such Clerk of the Supreme Court as he
shall direct.
483. Any person, other than a Clerk of the Supreme
Court or a Judge thereof, having in his custody or posses-
sion any of the records of proceedings and judgment in such
cause in any Court, which had jurisdiction in said Territories
prior to said date, upon being served with an order issued
under the next preceding clause for the delivery of any such
records, shall, within seven days thereafter, deliver or
transmit the same to the Clerk of the Supreme Court men-
tioned in said order, and upon the refusal or omission of
any such person to so deliver or transmit the same within
Civil Justice. - 417
the time aforesaid, he shall be liable to be proceeded against
for contempt of Court.
\ACATION.
483. There shall be a vacation to extend from the fif-
teenth day of July to the fifteenth day of September, iacl»-
sive of both days, in each year. During vacation no eo»-
tested business shall be transacted except such as relates to
the liberty of the subject, and neither party to a suit, in
which an appearance has been entered, shall be compelled to
deliver any pleading. If the time for delivering a defence
in a cause, in which the defendant has appeared, has not as-
pired previous to the fifteenth day of July, it shall, without
any order to that effect, stand extended \intil the expiration
of Hve days after the last day of vacation.
484. Nothing in the preceding Section contained shall
prevent the issue of process or the transaction of any busiue^
which may be done ex parte: or the entering of judgment by de-
fault in any suit in which no appearance is entered, or
interfere with the hearing during vacation of any cause or
matter, nor shall this rule affect the validity of any p^oceBd^
ings had or taken during vacation by Order of the Court or
a Judge authorizing such proceedings to be had or takrai
notwithstanding the vacation.
418 Civil Justice.
APPENDIX.
CLERK'S AND SHERIFF'S OATH OP OFFICE.
" I, do swear that I wiU truly and
KithftiUy perform the several duties (if Clerk of the Supreme Court of
She North- West Territories, . District, or of Sheriff of
the Judidal District to which I have been appointed, without fear,
favOT, or malice. So help me God.
Sworn to before me, at \
IB the North-West Territories, this [
day of AD. 18 J
WRIT OF SUMMONS.
[n the Supreme Court of the North- West Territories,
District.
Between
Plaintiff,
and
Defendant.
Victoria (or the name of the reigning Sovereign, as the case may be),
hy the Grace of GOD of the United Kingdom of Great Britain and Ire-
land, QUEEN, (or as the case may be,) Defender of the Faith, &c.,
&c., &c.
To the above-named Defendant :
You are notified that the plaintiff has entered an action against you,
in tlie above named Court, for the recovery of the claim or demand, a
statement of which is filed in Court and annexed to this summons
And you are commanded that if you dispute the said claim, either in
whole or in part, you do, within ten days from the service of this writ
on you. exclusive of the day of such service, cause to be entered for you,
in the office of the Clerk of this Court, an appearance, and within six
days thereafter file with the Clerk a statement of the grounds on which
such dispute is based.
And take notice, that, in default of your so doing, the "plaintiff may
proceed in his said action, and judgment may be given in your absence
and without further notice to you.
Issued at the
day of AD. 18
Memoranda tu he endwrsid on writ.
N.B. — This writ is to be served within twelve months .from the date
thereofj or, if renewed, within six months from the day of the la»t
renewal, including the day of such date, and not afterwatds.
Civil Justice. 41 S
This writ was issued by the plaintiff, who resides at
and (if residence over three miles from the Clerk's office) whose " Ad-
dress for Service" is at
Or, This writ was issued by of
advocate for the plaintiff, whose "Address for Service" (if the advo-
cate's office is over three mUes from the Clerk's office) is at
WRIT OF ATTACHMENT.
In the Supreme Court of the North-West Territories,
District.
Between Plaintiff,
and
Defendant.
VICTOBIA, (or the name of the reigning Sovereign, as the case may
be,) by the Grace of GOD of the United Kingdom of Great Britain
aud Ireland, QUEEN, (or as the case may be) Defender of the
Faith, etc., etc., etc.
To the Sheriff of the District.
You are commanded to attach, seize and safely keep all the personal
estate, credits and effects, together with all evidences of title, debts,
books and book accounts or other documents, vouchers or papers be-
longing thereto or otherwise, of the above-named defendant, to secure
and satisfy the plaintiff the sum of , with his costs of
action, and to satisfy the debt and demand of such other creditors of
the said defendant as shall duly (within the time allowed by law) sue out
their writs of attachment and prosecute the same to judgment.
And we command you, the said Sheriff, that so soon as you shall
have executed this Writ you do return the same with an affidavit of
service, and a certificate of your action thereunder.
Issued at this day of A.D. 18 .
Clerk of the Court.
WRIT OF REPLEVIN.
In the Supreme Court of the North-West Territories.
District.
Between Plaintiff,
jind
Defendant.
VICTORIA, (or the name of the reigning Sovereign, as the case may
be,) by the Grace of GOD of the United Kingdom of Great Britain
and Ireland, QUEEN (or as the case may be,) Defender of the
Faith, etc., etc., etc.
420 CwU Just'^cf:
To the Sheriff of the District.
You are hereby commanded without delay to cause to be replevied
to the plaintiff his goods, chattels, and personal property following,
that is to say :
which the said alleges to be of the value of
dollars, and which the defendant hath taken and unjustly detains (or
unjustly detahis as the case may be) as it is said, in order that the said
plaintiff may have his just remedy in that behalf.
Issued at
thU day of A.D. 18
Clerk of the Court.
BOND FUR REPLKA'IN.
Kni'w all men by these presents, that we, A. B , of
E. F., of
and G. H. , of
are joinv! y and severally lield and firmly bound to
the Sheriff of the District, in the sum of - dollars
of lawful money, to be paid to the said Sheriff, his successor in office or
either of their assigns. For which payment well and truly to be made,
we bind ourselves, and each and every of us in the whole, our and
every of our heirs, executors and administrator.s, firmly by these pre-
sents, sealed with our seals, dated, this of
one thousand eight hundred and
Whereas the said A.B. has obtained a Wi-it of Replevin against CD.
to obtain possession of certain cattle (or goods) to wit :
which the said A.B. asserts to be his property.
Now, the condition of this obligation is such that if the said A.B.
shall not prosecute his suit in which the said writ is issued with effect
and without delay, or if suit is carried on and continued between the
said A.B. and CD. touching the property of the said cattle (or goods)
and the Court shall adjudge that the said cattle (or goods) shall be re-
stored to the said CD. with damages for detaining the same, then if
the said A. B. shall restore the said cattle (or goods) and pay and sat-
isfy any judgment that may be obtained against him, this bond shall
become void.
Signed, sealed and delivered ~| L. S.
in the presence of ]- L. S.
. J L-S.
(When the plaintiff himself does notjoiti in the bond, the form ntAnst he
altered to conform to the fact.)
Civil Justice. 421
WRIT OF EXECUTION.
In the Supreme Court of the North-West Territories,
District.
Between Plaintiff,
and
Defendant.
VICTORIA, (or the name of the reigning Sovereign, as the case may
be,) bj' the Grace of God of the United Kingdom of Great Britain
and Ireland, QUEEN (or as the case may be). Defender of the
Faith, etc., etc., etc. ,
To the Sheriff of the District.
You are commanded that of the goods (or lands, as the case may
be) of
in the .Judicial District,
you cause to be made dollars and cents,
which
* lately by the judgment (or order, as the
case may be,) of the said Court recovered against him
and that you have the said money, and
in what manner you shall have executed this writ, make appear to the
said Court at , immediately after the execution
thereof, before the said Ci mrt at together with this
writ.
Issued at this day of A.D. 18
Clerk of the Court.
GARNISHEE SUMMONS.
In the Supreme Court of the North-We!(t Territories,
District.
Between Plaintiff
and
Defendant,
and
Garnishee.
You are hereby notified that a Suit has been entered in this Court in
which the Plaintiff claims of the Defendant the sum of
as shown by his statement of claim
filed in Court, a copy of which is hereto annexed, or, you are hereby
notified that the Plaintiff has recovered a Judgment in this Court
against the Defendant, for $
and it is alleged, on affidavit filed, that you are indebted to the said
Defendant.
And you are required, within ten days from the service hereof, to
appear at the Clerk's Office, and state in writing whether or not you
owe any, and if so, what debt to the Defendant, and why you should
not pay the same into Court to the extent of the Plaintiff's claim.
Issued at this
day of A.D.
To be indorsed same as a Writ of Summons. — No, 1, 2 or 3.
422
Civil Justice.
ADVOCATES' FEES.
GENERAL TARIFF.
INSTRUCTIONS.
1. To sue in underended cases
2. To sue. in defended cases
3. To defend
4. For pleadings to b»^ allowed only once to the same party
5. For counter-claim, when such claim could not heretofore
form the subject of a set off
6. For reply to such counter-claim.
7. To amend any pleading when such amendment proper .. .
8. For special case
9. To add parties by order of Court or Judge •
10. To add parties in consequence of death, marriage, assign-
ment, etc
11. To defend added parties
12. For issues of fact
13. For every suggestion
14. For brief
15. To counsel in special matters
16. ** " common matters
17. For special affidavits when allowed by Clerk
18. For such other important step or proceeding in the suit, as
the Clerk, or a Judge is satisfied, warrants such charges
WRITS.
19. All wril s except subpoenas, concurrent and renewed writs.
20. Co'jcurrent, or renewed writs*
21. Subpcenas ad testificandum
22. Subpoenan duces tecum
23. If writ over four folios, additional per folio
24. For Ciich copy of writ
25. If over four folios, additional per folio
26. Service of each cop.v of writ when taxable to the advocate
27. For every mile necessarily travelled, in effecting such ser-
vice .-
28. For service out of the jurisdiction, such allowance as the'
Clerk or a Judge shall think fit
DRAWING PLEADINGS, Etc.
29. .•'tatPmcnt of claim or defence
30. For every folio above 5, in addition
31. 6iatiemciit of defence and couiiter-ciaini
32. For every folio above 10, in addition
S3. Reply and other pleadings for or on behalf of a piaintiff or
defendant
34. For every folio above 5. in addition
35. Appearance, including attendance to enter
36. Petitions, is&ues for trial of fact by consent or order, special
cases, interrogatories and cross-interrogatories and
answers thereto, bill of costs and all other origina.1 docu-
ments required in any suit or proceeding including en-
grossing, per folio
COPIES.
37. Of pleadings, briefs and other documents where no provi-
sion made, and such copies necessary, per folio . . .
38. Of special and common Orders of Court
39. If over 4 folios, per folio in addition
40. Of summons or order of a Judge
41. If over 3 folios, per folio in addition
Higher
Lower
Scale.
Scale.
? cts.
? cts.
3 00
1 50
4 00
200
4 CO
200
1 50
75
2 00
1 00
2 00
1 00
200
1 00
2 00
1 00
200
1 00
1 00
50
2 00
1 00
200
1 00
1 00
50
2 00
1 00
200
1 00
2 00
50
1 00
50
1 00
2 00
1 00
2 00
150
1 00
50
1 25
70
20
10
1 00
50
10
10
1 00
50
2 00
1 00
20
20-
3 00
1 50
20
20
2 00
1 00
20
20
1 00
60
30
10
10
80
40
10
10
50
25
10
10
Civil Justice.
423
NOTICES.
i2. In action for rei-overy of land, of defence for pari of pre
mises when necess try
<3. If above 3 folios, per folio in addition ...\ ...... ....... ......
41, Notice by d ifeudant to tbird piirty under sectionb 16 and i'.
to. All common notices and demands
46. If over 3 folios, per folio additional
Higher
Scale.
$ cte.
1 00
20
1 00
50
20
Jjower
Scale.
9 eta
£0
.20
ao
10
u
PERUSALS.
47. Of each pleading ns defined by this Ordinance 100 SO
48. (W special case or issue of fact, taxable to advocate of anv
party ex ept the advocate by whom it is prepared ". 2 00 1 UO
49. Of iMterroKatories i>r Cross-Intcrroprataties 1 00 56
50. Of affidavits and exhibits of a party adverse in interest or
produced on any application, where they exceed twenty
folios, and where perus.ilFnecessary, per folio, over twen-
ty folios 50 30
(Not in any case to exceed IJ5.00.)
ATTE^nANCES.
51. Necessary attendance consequent upon service of notice to
produce or admit or inspection of documents when pro-
duced, including mikiiig itdmisiions 1 00 50
52. For summons in Chambers 1 ()0 69
53. Attending on return of summons before Judge I 00 30
54. To be increased in the disiretion of a Judge to .?2.00
55. A consultation or conference with counsel in special and im-
portant matters in the disQretion of a Clerk or a Judge 2 00 1 09
56. Advocate attending Court on trial of cause when not him-
self counsel or partner of counsel 2 00 108
57. To hear judgment when not given at the close of the argu-
ment 1 2 00 100
58. On taxation of costs 1 00 50
69. For every hour after the first 1 00 50
60. To obtain or give undertaking to appear when service of
summons accepted by advocate ] 00 50
81. Attendance on warrantorappointmentbefore Judge, Cerk,
or Examiner, per hour 100 SO
62. Attendance in special matters, or on examination of wit-
nesses, per hour 2 CO 1 00
63. Attendance to file or serve fiO 2»
64. Every other nec.ssary attendance 50 26
BRIEFS.
6-5. For drawing Brief not exceeding 5 folios 200 100
66. For every additional folio of original and necessary matti-r 20 29
67. Copies of documents per folio 10 TO
68. Copy of Brief for second Counsel, when fee taxed to him,
per folio 10 10
AFFIDAVITS.
69. Drawing Affidavits, per folio
70. Engrossing same, per folio
71. Copies when necessary, per folio
72. Common affidavits of service, and of non-appearance.. .
73. Commissioner, or Notary, for each oath : . , .
74. do do for each Exhibit
75. Advocate for preparing each Exhibit
20
23
W
10
10
1«
1 00
m
25
25
10
10
10
10
JUDGMENT, RULES, ORDERS, Etc.
76. Fee on every judgment or order 1 00 60
77. Fee on every certified copy of pleadings when necessary 1 00 50 .
78. Fee on judgment in mortgage cases for foreclosure or sale.. 1 10 109
79. Drawing judgment or order or minutes thereof when pre-
pared by the advocate, 'per folio 20 2«-
424 Civil Justice.
Higher Lower
Scale. Scale.
$ cts. ¥ cts.
£8. Ijotterto each defendant be(:)re suit, one letter to be allow-
ed to any defendants who ire partners where suit re-
lates to the partnership matters 50 25
K. €k>mrnon Letters, including nectssary agency letter.s 50 25
S2; Postage— the aninunt expended therefor
COUNSEL FEES.
Ml Fee on motion of course, or in matters not special 20O 100
St. Fee nn special application and motion-.. To be increased in
th.e discretion of a Judge 500 300
SS. Fee on argument, or suppportiug, or opposing application
fei the Gnnrt, or a .Judge, on argument of demurrer,
spe -i tl case motion for new trial, or appeal 10 00 5 00
To be iticreised in the discretion of a Judge.
tS. Foe with brief on assessment 10 00 5 00
W. Pee with brief at trial 10 00 5 00
To be increased at the discretion of a Judge, provided
ghatnot more than one counsel fee shall he allowed in
any case not of a special and important nature, and not
mt^re than two in any case.
IS. Fee attending upon teferences to Clerk or other person, or.
aponexamuiition of witnesses, orwhen takingevide ce
under order or commission, where attendance of coun-
sel necessary 500 300
To be increased in the discretion of a Judge in special
and important cases.
m. Ob settling pleadings, interrogatories, special cases, or peti-
tions, and advising on evidence in the discretion of a
Judge, not exceeding 5 00
SALES BY ORDER OF THE COURT.
90. Drawing advertisement
If over Ave folios, for each folio additional
9S* Copies per folio
85. Bach necessary attendance on trinter
■L Revising proof
9L Attending to settle advertisement
9&. Attending to make arrangements with auctioneer
K^, Fee on condiicting sale when held where advocate resides
•T,. n advocate engaged for more than three hours, each ad-
diUonalhoiir 100 50
86. Fee on conducting sale elsewhere, when advocate attends
with approval of Jud^e, in addition to necessary travel-
ling and hotel expenses. For each day necessarily ab-
sent in attending such sale 10 00
99. Wlien it h;ts been proved to the satisfaction of a Judge, that proceedings have
been taken by advocates to expedite proceedings, save costs, or in com-
promising actions, an allowance is to be made in the discretion of such
Judge.
1. The lower scale of costs in the foregoing lariif shall apply to all cases in wliioh
Ihe amount claimed, or the value of the property in dispute, or the value or
smcmnt of the plaintiff's interest therein, as the case may be, does not exceed
t»o hundred dollars ; and the higher scale shall apply in all other cases except
•913 hereinafter otherwise provided.
2, If the plaintiif in any action, claims more than two hundred dollar*, and
utxm thii trial, or other determination of such action, shall be found entitled only
: to a sum, or value less than two hundred dollars, he shall not be entitled to costs
in the hisrher scale, except where the amount of his claim has been reduced be-
fow two hundred dollars by set-off, or counter-claim, but where a defendant in
*rty Huah action becomes entitled to tax costs against the plaintiff, such defend-
ant shall be (entitled to costs in the higher scale.
« cts.
i Ota.
200
1 00
20
20
10
10
50
25
1 00
50"
1 00
50
1 00
58
500
3 00
Civil Justice. 425
3. If the plaintiff's claim in any action does not exceed two hundred doUa' a in
amount oi' value, and the defendant by his counter-claim, claims from the plaintiff
a sum or value exceeding two hundred dollars, the action shall therj-af ter pr.>oeed
under the higher scale, but such defendant shall not be entitled to costs in the,
higher scale, unless he has shown he is entitled in respect of such counter-claim
to an amount or value exceeding two hundred dollars.
i. The Coiirt or Judge may, in their or liis discretion, direct that thecosts of any
party or parties shall be taxed either in the higher or lower scale as against nny
other party or parties, or that a lump sum shall be paid to any party in lieu of
costs, and may adjust the costs as between all or any of the parties by way of de-
duction or set-off, and may dii-ect that no costs shall be taxed or allowed to any
party or parties who would otherwise be entitled thereto.
SPECIAL TARIFF FOR LIQUIDATED CLAIMS IN UNDEFENDED
OASES.
Where claims sued for are tor debts or liquidated demands in which advocates
are employed and final judgment is entered by default of appearance, the follow-
ing scale of advocates' fees shall apply, unless otherwise ordered by a Judge and
be alio wed to plaintifFs recoverable from defendants ;
Where the Judgment entered is for .?50.00and under, the advocate's fee shall be
a lump sum of $5 00, where it exceeds ?oO.OO, a lump fee equal to ten per cent, on the
amount recovered up to ?200.00 ; and five per cent, for all excess over $200.00 up to
$500.00 ; from 5500 to $1,000 2.i per cent. ; and one per cent, beyond that amount, but
such fees shall in no case exceed $100.00.
In cases where the debt sued for is settled after writ and before appearance,
the advocates' fee recoverable from and payable by defendant shall be one half or
the above ;
In all cases (Uerks', SheriflS', oi service fees allowed by a Judge, to be added.
426 (Jivil Jastice.
SHERIFFS' FEES.
ClasaA. Class B.
:s.
$ cts.
75
50
25
25
25
25
25
25
75
50
I. For receiving, entering, and endorsing every summons, writ
andotherprocessissuedoiitof a Court, and order ur other $ cts._^
dOLUiuent signed by a Judge requiring service
2. Every return of all processes and wrjts, except subpoena ..
3. Every altlddvitof service exclusive of fee paid Commission-
er, Notary or J. P
i. Paid Oath
5. Fee on every service except subi oena
6. For service of summons on each Juror, and service of sub-
poena on each per son named therein 50 50
7. Every warrant to execute any process, when given to a
Bailiff 50 50
8. For every arrest under warrant, bond required to be t 'ken
to the Sheriff fr securing goods attached, indemnity or
other purposes
9. For assignnjent of replevin bond
10. For executing every writ of possession or restitution
II. Eor del ivei-ing goods replevied to a plaintiff
12. For every search (not being by a party to the cause or his
advucate)
13. For ever.v certiflcxle when required
And for every certificate when required under seal, in-
cluding search
14. For seizing cstai e or effects under attachment or execution.
15 For notice of sale of goods
16. Each copy, not e.xceeding seven each
17. For notice of Sale of Lands
18. Each copy nit exceeding three
19. For every notice of postponement, including copies
20. For every schc- diile of goods taken in execution or seized
under attachment including copy for party whose goods
are ia.kcn or seized (when not exceeding 500 words)
21. Every 100 wordsover 5()0
22. For making every afRdavit{other than of service) besidesfee
paid out for oath 50 50
23. Formileagofor every mile necessarily travelled and sworn
to in serving and executing stmimons, writs and other
processes and papers of every description from the place
where the same are severally received or the SlierifT's
office (whichever is nearest) to the place of service or
execution as aforesaid and return 15 16
24. For poundage on executions and atiachments in the nature
of execution when the sum realized shall not exceed
8400, five per cent. Ditto, when the sum realised is over
$400, and does notcxceed $4,000, five per cent, for ?400, 2i
percent, for the.balance up to $4,000, and when the sum
realized is over $4.000, 11 percent, for the balance
25. Bosidi s such sunrs as may be actually disbursed foradver-
tis.Tig in such cases required bylaw, and such sums for
care and removal of property seiwd or taken as may
bo approved (in each case) by the Court or a Judge.
26. Fordrawini.' up advertit-oment whin required bylaw to
be publishcfi or posted up, including necessary copies. 1 50 1 50
27. For briiieingup prisoner on attarhiijCut or habeas corpus^
besides travel, at 20 cents pev mile 150 100
28. Postflge when necessary.
200
2 00
1 00
50
4 00
200
4 00
2 00
50
30
50
50
1 00
1 00
2 00
1 00
75
50
10
10
100
100
25
10
50
25
1 00
1 00
20
10
Civii Justice. 427
CLERK'S FEES.
1. Receiving and entei'inK in rlocket every claim for suit.
2. PreparingandissuingMinimonsorotlier original process
3. Each copy of above when required
4. Each copy of claim when not provided by party apply-
ing for process, and 10 cents per folio of 100 words, 'if
over two folios
5. Entering any appearance or dispute
6. Entering every judgment or verdict, including nee 36-
aary filing -. .
7. Taxation of costs, except when a lump sum allowed
Every hour after the first hour
8. Preparing special Jury list for striking Jury panel
9. Ever>- origina subpoena
10. Every copy of subpoena when required
11. Every liling
12. Every summons to show caus i
13. Every Judge's order, garnishee summons, writs of re-
plevin or attachment
14. Every execution or other final process, or renewal
thereof
If over three folios, per folio in addition
15. Every search
16. EveiT search by person not a party to suit >
17. Examining every affidavit necessary for the issue of
process
18. Every commission or exemplification of judgment
If ovi'r Ave folios, per folio
19. Setting down cause for trial or argument
20. Taking accounts under Jndge'n order, or reference or
examination of witnesses, per hour
21. Every appointment
22.-Every affidavit
2X Every certificate, with or without seal of Court
2i. Certifying five appeal books .,
Copies of cidence or papers filed, per folio
25. Every certificate of naturalization
In cases for recovery of land, or where title to land is in question, as also inter-
pleader cases instituted by parties other than the Sheriff or oflicer acting under
proccs;5, unless otherwise ordei-ed by the Judge, who tried the case, the highest
scale is fo apply ; and in Interpleader by the Sheriff or officer acting under pro-
cess, to be regulated by the amount of the plaintifl's claim, or judgment.
In Garnishee Proceedings the scale of fees chargeable to be ascertained by
the amount of the primary creditor's claim or judgment.
In Replevin by the value of the property sought to be replevieH, as sworn to
by or on behalf of the plaintiff.
Allowance for other services to be specially fixed by a Judge., taking the general
tariff of Clerk's Fees as guide.
PROBATE FEES TO CLERK OF COURT.
On every grant of Probate, Letters of Administration or Guardianship, inclu-
ding filing of Record, all papers preparing Probate or Letlers presenting to
Judge, aud getting signed and recording same.
$ cts.
When property de volving is S500 and under 5 00
" is under $1,000 and over $500 7 50
Over ?1,000 10 00
Searches and Certificates, each 50
p to
From
Over
100 100 to 200
200
S cts.
, S cts.
¥ cts.
25
50
75
1 00
2 00
300
25
50
75
25
10
60
50
1 00
2 00
1 00
2 00
300
50
100
2 00
1 00
1 50
2 00
3 00
50
1 00
1 50
15
30
M
10
10
10
25
fO
75
SO
75
1 00
75
1 50
2 00
10
20
20
25
25
25
50
50
50
50
, 75
1 00
60
1 00
2 00
10
10
10
.50
1 00
2 00
75
1 00
1 50
10
20
30
25
25
25
50
1 00
1 00
10 00
10
10
10
1 00
428 Civil Justicf.
FEES TO ADVOCATES AND COUNSEL IN MATTERS OF CKRTIORARI
AND APPEALS FROM CONVICTIONS.
i r-.ts.
1. Taking instructions 3 00
2. Attending to bespeak, and for copy of depositions and conviction, or
minutu of jnd^rinent 30
3. Notice of appeal and copy _ 1 00
i. Preparing: I'ecognizance, including all attendances Hnd affidavits in con-
nection ilici'*with 3 00
5. If appellant deposit in lieu of -iccuriiy, all attendances 2 00
6. Attendin!< to set down appeitl . . : 50
7. Rcspondcnt'.s advocate af.tentling to see if appeal rntered for trial 50
8. Respondent's advocate examining recognizance and papers filed 1 00
9. Every other and ordinary necessary attendance ' 50
10. Every necessary notiSe. including copy 50
11. iJounsel f«e on hearing 10 00
12. Attending to hea.r judginent, wtien reserved 50
13. AlB.lavit of disbursem^^nts, including copy and service 1 00
14. Ea'^b ne- essary copy of S'lbpcena aO
15. All allowance to witnesses, the same fees and charges as allowed in civil
cases.
16. Necessary disbursements paid to proper oflicers and postage, the same an
allowed in civil cases.
N. B. — The Judge may, in his discretion, allow an inc.reased fee to Counsel in &
proper case.
FEES TO CLERKS.
1. Receiving, filing, and entering in a proper Docket, each Notice of Ap-
peal and all subsequent proceedings from any judgment on conric-
tion by one or more Justices of tlie Peace, when an appeal to the
Judge is given by law, (to be paid in the first instance by the party? eta.
appealing) 2 00
2. When appeal called on, reading the conviction. Notice of Appeal and
RecoKnizance and all other services at the trial of such appeal case,
including the reci'iving and recording the judgment (to be paid in ad-
vance by the appellant when he enters the appeal) 2 M
3. Issuing every subpoena I 00
I. Iss lins'prooess to enforce the order or judgment of the Court 1 00
4. Certified copies of deposilions, examinations, con-victions, judgraentsand
other papers when required (to be paid by the party applying,) per
folio of 100 words Ij
6. Every search : 2i
7. Every C>irtifloate of Judgment on appeal when necessary 1 00
8. Taxing Costs 1 00
CHAPTER 59.
AN ORDINANCE RESPECTING SCHOOLS.
Title of Ordinance, s. 1:
Definition of School District, s. 2.
Ratepayer, s. 3.
Board c.f Education, ss. 4. to 13.
Secretary, sa. 14 t'l 16.
School Districts, ss. 17 to 23.
First School meeting, ss. 24 to 28.
Fitst Election of Tiusteea, ss. 29 to
.'io.
Proclaniatii n, ss. 35, 30.
Separate Schools, ss. 37 to 41.
Alteration in limit of School Dis-
tricts, s. 42;
Annual Election of Trustees, ss. 43,
4i.
Election of Auditor, s. 45.
Minutes of Meetings, s. 46.
Trustees to be a Olorijoiatiim, s.47.
Board of School Trustees, s. 48.
Outhouses, s. 48, sub-s. 16.
Board may borrow money, s. it).
Quorum, s. 50.
Penalties, s. 51, also ss. 65 to 71.
Resignations, s. 52.
Vacancies, s. 53.
Election of Chairman, s. 54, s. 55,
Appointment of Secretary, s. 54.
Appointment of Treasurer, s 54.
Illegal Meetings, a. 56.
Duties of Chairman, s. 57, sub-ss.
1, 2, 3.
Secretary, s. 58, sub-ss. 1 to 5; sb.
69, 60.
Treasurer, ss. 61 to 64.
When Disorganized, s. 72.
Teacher, ss. 73 to 75.
Conduct of School, ss. 76 to 82.
Grants may be wi'hheid, s. 83.
Religious Instruction, ss. 84 to 87.
No fees can be charged Ratepayers,
s. 88.
Inspector of Schools, s. 89.
Aid to Schools, ss. 90, 91.
Assessment, ss. 92 to 97.
Property liable to taxation with ex-
emptions, ss. 08 and 99.
Assessment of real and personal
].a-opei-ty, ss. 100 to 106.
Court of Revision, ss. 107 to 112.
Rate of Assessment, s. 113.
Collection of Bates, ss. 114 to 146.
Incurring debt, ss. 147 to 161.
Teacher's Certificates.ss.l62 to 164.
Annual School Meeting, ss. 165 to
167.
Deferred School Meetings, s. 168.
Miscellaneous, ss. 169 to 176.
Union Schools, ss. 177 to 180.
Compulsory Education, ss. 181 to
185
Appendix, Forms A, B, C, D, E,
F, G, H, I, J.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the ■ Territories,
enacts as follows : — '
1. This Ordinance may be cited as
ance."
The School Ordin-
3. The expression " School District," means any tract of
land declared by the Lieutenant-Governor, as hereinafter
provided, to be a school district.
430 Schools.
3. The' expression " ratepayer," when used in this Ordin-"
ance, means any person liable for the time being to pay '
rates for school purposes.
4. The Lieutenant-Governor, in Council, may appoint and
constitute a Board of Education for the North- West Terri-
tories, composed of eight members, to hold office for two
years and until their successors are appointed, live of whom
shall be Protestants, and three shall be Roman Catholics.
5. The Board- shall meet at Regina on the third Tuesday
in January and July in each year, and at such other times
as the Lieutenant-Governor may direct.
0. A majority of the Board shall be a quorum.
7. The Members of the Board shall be paid ' for their
services four dollar.s for each day of attendance at their
meetings, and their actual travelling expenses.
8. Any Member of the Board absenting himself from the
meetings of the Board, or from the meetin_;s of his section, as
hereinafter defined, for twelve months, shall forfeit his seat,
and the other members of the section, to which the member
so absentiii'^' himself belongs, shall notify the Lieutenant-
Governor of the vacancy so caused, and the Lieutenant-
Governor, in Council, shall appoint his successor ; and, in the
event of any member dying, or resigning his seat, or leav-
ing the Territories, another member shall, in like manner,
be appointed in his place.
3. The Board shall appoint one of their number as
Chairman, who may vote with the other members of the
Board on all question-:, and any question, on which there is
an equality of votes, shall be deemed to be negatived.
(1.) In case of absence of the Chairman from any meet-
ing of the Board, the then assembled members shall elect
one of their number to act in that capacity, who shall, for
the time being, possess the same power.? and pi-ivileges as
the Chairman.
10. It shall be the duty of the Board : —
(1.) To prescribe the duties of the Secretary to the Board;
Schools. 481
(2.) To make regulations for the registering' and report-
ing of the daily attendance at all Schools, and to prescribe
the form of School register ;
(3.) To cause a proper record to be made of the proceed-
ings of the Board ;
(4.) To determine all appeals from the decisions of
Inspectors of Schools, and to make such orders thereon as
may be required ;
(5.) To provide for an uniform system of inspection of all
Schools, and to make, from time to time, such regulations as
may be deemed necessary with respect to the duties of
Inspectois ;
(a.) The remuneration of Inspectors whall be at the rate of
twenty dollars per annum for each organized School within
their Inspectorates open during the year or in any part
thereof. For travelling expenses, they shall be allowed five
dollars for each day absent in the discharge of their duties ;
but where the railway is used, they shall be allowea the
actual fares paid on such railway and such necessary ex-
penses as the Board of Education, through its Secretary, may
approve.
(6.) To arrange for the proper examination, grading and
licensing of Teachers and the granting of certificates, which
shall be of six classes, viz., First Class (two grades). Second
Class (two grades), Third Class and Provisional ;
And for such Schools as are not designated Protestant
or Roman Catholic ;
(7.) To take charge of all such Schools organized under this
or any previous Ordinance, and to make, from time to time,
such regulations as may be deemed fit for their general
government and discipline, and the carrying out of the pro-
visions of this Ordinance ;
(«.) To appoint Inspectors, who shall hold office during
the pleasure of the Board ;
(9.) To select, adopt and prescribe an uniform series of
text books to be used in such Schools ;
(10.) To cancel the certificate of a Teacher upon sufficient
cause.
1 1 . The Board of Education shall resolve itself into two
sections, the one consisting of the Protestant, and the other
of the Roman Catholic inembers' thereof , and it shall be the
duty of each section :
( 1 .) To have under its control and management the Schools
432 Schools.
of its section, and to make, from time to time, such regula-
tions, as may be deemed fit, for their general goverament and
discipline, and the carrying out of the provisions of this
Ordinance ;
(2.) To select and prescribe em uniform series of text
books ;
(3.) To appoint Inspectors, who shall hold office during
the pleasure of the section appointing them ;
(4.) To cancel the Certificate of a Teacher upon sufficient
13. There shall be a general Board of Examiners for
Teachers' certificates, ^^'host■ nvimber shall be fixed by the
Board of Education, and whose remuneration shall be the
same as that of Members of the Board of Education, one
half of which Board of Examiners shall be nominated by
each section of the Board.
IS. Each section of the Board shall have the selection of
text books for the examination of Teachers in history and
science, and it shall have power to prescribe any additional
subjects of examination for the Teachers of Schools of its
section, and in all examinations on such subjects the exam-
iners of each section shall respectively have exclusive juris-
diction.
SECIRETAHY TO THE BOARD.
14. The Lieutenant-Governor, in Council, shall appoint
a Secretary to the Board of Education and provide for
his salary, whose duties, except as hereinafter provided,
shall be such as are imposed by the Board
1 5. It shall be the duty of the Secretary to call all meet-
ings of the Board of Education, and of the sections thereof,
in accordance with the provisions of this Ordinance, and
also to call any School meeting required to he held under
this Ordinance, when the parties, who are otherwise invested
with the power to do so, either neglect or refuse to exer-
cise it.
16. In the event of the resignation or death of the Sec-
retary, the Lieutenant-Governor, in Council, shall appoint his
successor.
Schools. 433
SCHOOL DISTRICTS.
1 7. The name of every School District created under this
Ordinance shall be " The (here insert
the name chosen as hereinafter provided) School District
No. (given by the Lieutenant-Governor) of the North-
West Territories."
1 8. A School District, whether Public or Separate, shall
comprise an, area of not more than twenty-five square miles
nor more than five miles in breadth or lengthy exclusive of
road allowances, and shall contain not less than four
resident heads of families, and ten children of "school age,"
■which shall mean between the ages of five and twenty
inclusive.
FORMATION OF SCHOOL DISTRICTS.
1 9. Any three ratepayers, two of whom shall be heads of
families, resident in any district, fulfilling the requirements
of Section 18 of this Ordinance, may be formed, or may
form themselves into a Committee to procure its erection
into a School District, and may petition the Lieutenant-
Governor for such erection.
20. The petition shall set forth :
(1.) The proposed name, limits, location and approximate
area of the proposed school district ;
(2.) The total population, and the number of adults and
children (from 5 to 20 years of age inclusive) resident with-
in the proposed district ;
(3.) The total number of ratepayers in the district, and
the number of Protestant and Roman Catholic ratepayers
respectively;
Ajud such petition shall be accompanied by a sketch, plan or
map of the proposed district, showing its boundaries, princi-
pal legal sub-divisions, physical features and general location;
aad in case of rural school districts, the sections, half or
quarter sections on which the children of school age reside.
3 1 . The petition must be accompanied by an affidavit of
the several members of the Committee, that the said members
are bona fide resident ratepayers of the proposed school dis-
trict, that two of them are heads of families, and that the
statements made in the petition are correct.
434 SehooL.'i.
"i'i. On receipt of a petition for the lii-ectiou of a school
district, the Lieutenant-Governor shall take such steps as he
may think advisable to determine whether or not there are
any objections to the limits of the proposed district, and
shall notify the petitioner-s of his determination.
33. On receiving the appros'al of the Lieutenant-Gover-
nor to the limits of any proposed district, a notice, in Form
A, in Schedule annexed hereto, calling a meeting of the
ratepajrers, shall be posted up by the petitioners in at least
five widely separate places within such limits, one of which
shall be the Post Office therein, or nearest thereto, at least
two weeks ne.Nit preceding the date of said meeting :
(L) A certified copy of such notice, together with an affi-
davit by a Member of the Committee that at lea,stfive such
notices h&ve been posted, as hereinbefore provided, shall be
forwarded to the Lieutenant-Governor.
FIRST SCHOOL MEETIXG.
'44. At the hour appointed in the notice of the Committee
calling the tirst school meeting, the ratepayers present shall
0]-ganize the meeting by appointing a Chairman and Secre-
tary.
35. The Chairman shall decide all questions of order,
subject to an appeal to the meeting, and in case of an equal-
ity of votes, he shall give the ca.sting vote, but he shall have
no vote except as Chairman.
36. The Chairman shall take the votes in the manner de-
sired by a majority of the ratepayers present; but he shall,
at the request of any two ratepayers, grant a poll for re-
cording by the Secretary, the names of the voters present ;
•such poll shall close at -5 o'clock p.m.
3'?'. If required by any person present, oi- of his own ac-
corji, if deemed advisable, the Chairman shall administer tj*«
oath prescribed in notice in Form A in the Schedule annex-
ed hereto.
38. Jf the majority of votes taken at this meeting is
ag3,inst the erection of a School District, the Ch^iirm^i
shall notify the same to the Lieutenant-Governor.
■ <SV7(c«)Z.s'. 435
FIRST EF^ECTION OF TRUSTEES.
3i>. So soon as the majority of the ratepayers at the first
school meeting have decided in favor of the erection of the
School District, the ratepayers present shall, by a majority
of votes, elect from the resident ratepayers in the district,
three Trustees.
30. The Chairman at the tirst election of Trustees shall
not be eligible for the office of Trustee.
31. Every ratepayer shall have a^ many votes as there
are Trustees to be elected, Ijut shall in no case vote more
than once for one candidate at the same election.
li'i. The Trustees elected at a first school district meeting
shall be declared to hold office as follows: —
( l.) The candidate receiving the highest number of votes,
either by polling or show of hands, as the case may be, or
the first one nominated, if uo vote has been taken, shall be
elected to serve until and including the thirty -first day of
December of the second year following the election ;
(2.) The candidate receiving the second highest number
of votes, or second in order of nomination, shall be elected
to serve until and including the thirty-first day of December
of the year following the election ;
(3.) The candidate receiving tlie third highest number of
votes, or the third in order of nomination, shall be elected
to serve untd and including the thirty -first day of December
following the election ;
(4.) Provided always, that when the election takes place
between the thirtieth day of June and the thirty-first day
of December following in any year, the third Trustee shall
continue in office until and including the thirty -first day of
December of the year following the election ; the second
Trustee shall continue in office until and including the thirty-
first day of December of the second year following the elec-
tion ; and the tii'st Trustee shall continue in office until and
including the thirty-first day of December of the third year
following the election ; ,
(5.) Provided always, that the Trustee going out of office,
shall remain in office until his successor is elected.
436 Sdiools.
33. Every Trustee shall, before taking office, make the
following declaration before the Chairman:
" I, A. B , do hereby accept the office of Trustee, to which I have
been elected, in (name of School District in full), and I will, to the
best of my ability, honestly and faithfully discharge the duties de-
volving on me as such Trustee during the term fi r which I have been
elected, m accordance with the School Ordinance. "
(1.) The Chairman .shall thereupon grant him a certificate
of election in the following form :
" I, A. B., do hereby declare that (give name, residence and occu
pation of person mentioned) elected Trustee for (give name of School
District) has this day made before me the declaration of office, as
prescribed by the Ordinance in that behalf.
(Signed.) A. B.,
Chairman.
Dated,
34. The Chairman shall, within ten days after the date
of the election, send to the Lieutenant-Governor a certified
copy of the minutes of the meeting, and a declaration made
before a Justice of the Peace, stating the names and ad-
dresses of the Trustees elected, and that they have fulfilled
the requirements of the next preceding section.
PROCLAMATION.
35. On receiving the report of a first school meeting and
the declaration of the Chairman, the Lieutenant-Governor
shall, if the majority of the votes at the School District
meeting has been in favor of the erection of the School Dis-
trict, forthwith proclaim the District a School District in
accordance with the terms of the petition addressed to him
in that behalf, with such number as he may see fit, and in
manner as hereinafter provided.
3tt. The. proclamation of the Lieutenant-Governor erec-
ting any School District shall set forth :
(L) The name in full, number, situation and limits
thereof ;
(2.) The date and place at which the meeting of rate-
payers and the election of trustees was held.;
(3.) The names of the elected trustees.
Schoolb. 437
3T. In accordance with the provisions of " The North-
West Territories Act," providing for the establishment of
separate Schools, it shall be lawful for any number of the
ratepayers, whether Protestant or Roman Catholic, the same
being a minority of the ratepayers resident within the limits
of an organized public School district, to establish a Separ-
ate School therein, by proclamation of the Lieutenant-Gov-
ernor, with the same rights, powers, privileges, liabilities
and method of government as herein is provided in the case
of public School di'itricts.
_38. The petition for the erection of a Separate School
District shall be signed by three ratepayers, two of whom
shall be resident heads of families, of the religious faith in-
dicated in the name of the proposed district, and shall set
forth :
(a.) The religious faith of the petitioners ;
(6.) The proposed name (stating whether Protestant or
Roman Catholic) of the district ;
(c.) Its proposed limits, definite location and approximate
area ;
{d.) The total number of heads of families and of children
of school age of the religious faith of the petitioners residing
within the limits of the proposed district ;
And such petition shall be accompanied by a sketch, plan or
map, as is required in the ease of a public School district,
and also by an affidavit of the petitioners verifying the faces
set forth in their petition.
29. The notice calling a meeting of the ratepayers for the
purpose of taking their votes on the petition for the erection
of a Separate School District shall be as in Form A of the
Appendix to this Ordinance ; and the proceedings subsequent
to the posting of such notice, including the issuing of the
Lieutenant-Governor's proclamation, shall be the same as in
the ease of a public school district.
40. The persons qualified to vote for or against a petition
for the erection of a Separate School District, shall be the
ratepayers therein being of the same religious faith as the
petitioners.
41. After the establishment of a Separate School Dis-
trict uader the provisions of this Ordinance, such Separate
438 Schools.
School District shall possess and exercise all rights, powers,
privileges and be subject to the same liabilities and method
of government, as is herein provided in respect of Public
School Districts ; and all property within such Separate
School District belonging to or held by ratepayers of the
religious faith indicated in the name of such IDistrict, shall
be liable only to assessments such as they impose upon
themselves in respect thereof.
ALTEEATIONK IN LIMITS OF SCHOOL DISTRICTR.
4'i. The Lieutenant-Governor shall have the power to
alter the boundaries of a School District, by adding thereto
or taking therefrom, or to divide one or more existing School
Districts into two or more Districts, or to unite portions of
an existing District with another Disbitt, or with any new
district, in case it has been satisfactorily shown before him
that the rights of ratepayers under Section 14 of the " North-
West Territories Act," to be affected thereby, will not be
prejudiced, and that the proposed changes are for the general
advantage of those concerned.
ANNUAL ELECTION OF TRUSTEES.
43. The regular annual election of a School Trustee to
fill the vacancy which occurs yearly under the provisions of
Section 32, shall take place after the reports required by
Section 165 of this Ordinance, have been submitted at the
annual meeting of ratepayers, and such reports '^hall be
submitted to the ratepayers at the houi' of ten in the fore-
noon ; and in the event of a poll being demanded for the
election of such School Trustee, the same shall be opened
and held on the same day and shall close at five o'clock in
afternoon of the same day, unless a majority of the rate-
payers present shall postpone such election for a period not
exceeding one week, and in such case the poll shall be open-
ed at ten o'clock in the forenoon and shall close at five
o'clock in the afternoon.
44. Trustees shall be resident ratepayers.
ELECTION OF AUDITOR.
45. At the annual meeting an Auditor shall be elected by
.SrluHil.s. 439
the ratepayei-s, to audit the aceouuts of the District for the
ensuing year, and report the ivsult thereof to the next an-
nual nieetintf.
MINUTES OF MEETINGS.
4(J. A correct copy of the proceedings of every School
meeting, signed by the Chairman and Secretary, shall be
forthwith transmitted by the Secretary of such meeting to
the Secretary of the Board of Education.
TRUSTEES OF EVERY SCHOOL SHALL BE A i :ORPORATI< >N.
41. The Trustees of even- Public School District, and the
Trustees of evi ly Separate School District, shall be a Body
Corporate, and as such Body Corporate shall have all rights
and l)e subject to all the liabilities of a Corporation at Common
Law, and,shnll have full power to acquire, hold and alienate
both real and pei-sonal estate for all School purposes, and
by the same name, they and their successors shall have
perpetual succession, and they shall have full poiver to sue
and be suerl, implead and be impleaded, answei- and be
answered unto, in all Courts and in all actions, cavises and
suits at L-iw and in E()uity whatsoever, and they shall
have a Common Seal, with power to alter and modify the
same at their will and pleasure, and they shall be in Law
capable of receiving Vjy donation, acquiring, holding, dis-
posing of and conveying any property, real or mo\'able, for
the use of the said School District, or Separate School
District, as the case niay be, and of becoming p arties to any
contracts or agreements in the management of tlie affairs of
the said School District, or Separate School District, as the
case may be, and of negotiating loans and boi-rowing money
upon the credit of such Corporation, for the purpose of
defraying any expenses necessarj^ for the carrying on of the
busines-i of such Corporation, subject always to the Regula-
tions anr! re(]uirements of this Ordinance.
BOARD OF SCHOOL TRUSTEES.
48. It shall be the duty of the Board of Trustees of every
School District to :
(1.) Select and acquire a school site, which shall be in the
centre of the district, or as near thereto as the securing of a
dry, healthy and suitable location will permit ;
440 Schooh.
(2.) Engage a qualified teacher, or teachers, oa such
terms as the Board may deem expedient : the contract shall
be in writing, and may be in Form B in the Schedule annex-
ed hereto^ and a certified copy of such contract shall be at
onco forwarded to the Secretary of the Board of Education;
(3.) To take possession and have the custody and safe
keeping of all School property, which has been acquired or
given for School purposes to their district ;
(4.) To do whatever they may judge expedient with
regard to building, repairing, renting, warming, furnishing,
and keeping in order, the School house or School houses in
their District, its or their furniture and appendages, and the
School lands and enclosures held by them, and for procuring
appai-atus and School books for their School ;
(5.) Make such assessments on real and personal property
of the District, and levy such taxes as may be necessary to
deirshy ali lawful expenses and liabilities of the School
District for the year or that part thereof for which such
taxes are required to be levied,;,
(6.) Inspect the School, see that good order is kept and
proper instruction is given, and dismiss the Teacner or any
of the pupils for misconduct or immorality ;
(7.) To keep a record of their proceedings, signed for
each sitting by the Chairman and Secretary, and to see that
true accounts both of the School and District are kept,
and the affairs of the District generally are conducted in
the manner provided by this Ordinance, and with a due
regard to efficiency and economy ; the accounts shall, at all
reasonable hours, be open to the inspection of the ratepayers
of the School District ;
(8.) Select all the books, maps and globes, to be used in
the Schools, under their control, from the list of those au-
thorized by the Board of Education or Section thereof;
(9.) Provide, free of cost, out of the funds of the District,
books and slates for the use of the children, resident within
the District and attending School, whose parents are unable,
through poverty, to procure the necessary books and slates
for them, the right to such books and slates to rest in the
School District;
(10.) Provide, when deemed expedient, a suitable library
for the School District, making such regulations as to lend-
ing and the prevention of loss or damage to the books of
such library, as they may think fit ;
(11.) Enter into a contract to have a School-house,"built
Schools. 441
payment for which may be made in a term of years (not
exceeding five years) in annual or semi-annual payments.
Such indebtedness not to exceed $500.00, nor the rate of in-
terest to be more than eight per centum per annum ;
(12.) Procure a Corporate Seal for the District;
(13.) To see that all reports required by this Ordinance,
or by the Regulations of the Board of Education, or Sections
thereof, are transmitted without delay to the Secretary of
the Board of Education ;
(14.) To call special meetings for any purpose whatever,
whenever required to do so by the majority of the rate-
payers or the Board of Education ; -^
(15.) To appoint a Returning Officer to preside at all elec-
tions except as otherwise herein provided under this Ordin-
ance.
OUTHOUSES.
(16.) There sliall be separate buildings for privies for
boys and girls respectively. The buildings shall be erected
in the rear of the School-house, at least ten feet apart, their
entrances facing in opposite directions, or otherwise effectu-
ally screened from each other.
49. The Board of Trustees of any School District may
authorize the Chairman and Treasurer thereof, to borrow
from any person' or Bank, or Cerporation, such sum of '
money as may be lequired to meet the expenditure of the
School District until such time as the taxes levied therein
can be collected ; or, in the case of School Districts situated
within a Municipality, until such time as the Municipal
Council can pay the School taxes to the Trustees ; such
authorization shall be by by-law of the Board of Trustees
and shall be under the Seal of the Corporation.
50. A majorit}- of the Board of Trustees shall constitute
a quorum at all meetings ; provided that in case the num-
ber of Trustees is reduced to one, that one shall be held to
be a quorum until other members are elected.
51. Any person eligible and elected to the office of School
Trustee, who refuses to serve as such, shall forfeit the sum
of Twenty dollars and his neglect or refusal to take the
declaration of office within eight days after his election, if
resident at the time within the district, shall be construed
442 Schools.
as sueh refusal, after which another person shall be elected
to fill the place ; but no School Trustee shall be re-elected,
except by his own consent, durina; the four years next
after his going out oF office.
53. Any person chosen as Trustee may resign with the
consent expressed in writing of his colleagues in office, but
such resignation shall only take effect upon the election of
his successor, (see Form C in Schedule annexed hereto), and
a continuous non-residence of three months, or conviction of
any felony, shall cause the vacation of his office.
53. In all cases of vacanc}' another Trustee shall be
elected at a meeting called by the Trustees, or Trustee
remaining in office, and the person so elected shall hold office
for the unexpired term of the Trustee whom he replaces ;
provided, if the vacancy is not filled within one month, the
Lieutenant-Governor niav appoint some (lualiiied person to
fill it.
ELECTION OF CHAIRMAN.
54. The School .Trustees shall meet within ten days after
their election, for the purpose of choosing one of their num-
ber as Chairman, and appointing a Secretary and a Trea-
surer, and transacting such other business as may be
reijuired.
(1.) In case of absence of the Chairman from any meet-
ing of the Board, the then assembled School Trustees shall
elect one of their number- to act in that capacity for the
time being, who shall then be vested" with the same powers
and privileges as the ordinary Chairman.
55. In the meetings of the School Trustees all questions
shall be decided by the majority of the votes, and the
Chairman shall have the right to vote, but in case of an
equality of votes the question shall be decided in the nega-
tive.
MEETINGS ILLEGAL UNLESS PROPERLY CALLED.
5G. No act or proceeding of a Board of Trustees shall be
deemed valid or binding on anj^ party which is not adopted
at a regular or special meeting of the Corporation, of which
notice .shall have been given by eithei- one of their body, or
Schoois. 443
the person chosen by them to act as Secretary, to all the
Trustees, and a niujority of the Trustees at such meeting
shall have f\ill authorit}^ to perform any lawful business.
DUTIES OF CHAIRMAN.
51. The Chairman shall : —
(1.) Have general super-vision of the affairs of the Dis-
trict :
(2.) Certify all accounts against the District before such
accounts be paid by the Treasurer ;
(3.) In default of the Board of Trustees appointing a
Returning Officer, act as Returning_ (Jiiicer, or appoint some
other person to act as such, at all elections held during the
period of his chairmanship.
.SECRETARY.
58. The Board of Trustees, at the first meeting in each
year, shall appoint a Secretary, whose duty it shall be to :
(I.) Keep a minute of all meetings of the Hoard;
(2.) Answer all communications on School matters in such
manner as he may be directed by the Board ;
(o.) Examine the records and register of the School kept
by the Teacher, and see that they are cori-ect ;
(4.) Forward to the Secretary of the Board of Education
from time to time, the reports provided for in Sections 46,
59, 60 and 167 of this Ordinance, and give such other infor-
mation in regard to tlie School District as may be desi]-ed,
from time to time, by the Lieutenant-Governor, or the Board
of Trustees, or the Secretary of the Board of Education ;
(5.) Have charge of and keep on i-ecord all the books,
papers, accounts, assessment rolls and other matters, com-
mitted to his charge by the Board of Trustees during his
term of ofRce, and deliver the same to the Chairman of the
Board on ceasing to hold office.
59. The Secretary of every School J3istrict shall, within
one month of the date of the opening of the School, notify
the Inspector of such District of the opening of such School,
and the qualification of the Teacher employed ; and at the
same time transmit the Teacher's certificate, or a certified
copy of the same, in a registered letter, addressed to the
Secretary of the Board of Education,
444 Schooh.
60. The Secretary of every Board of Trustees .shall for-
ward to the Secretary of the Board of Education, oa the
30th day of May in each year, a report giving the following
information, namely :
(1.) Name of each Teacher;
(2. Class ol certificate held by each Teacher, and date
thereof ;
(3.) Salary paid each Teacher (per month) ;
(4.) Number of children attending school, per register ;
(.").) If School open for the whole year or for only certain
months during summer, naming the months during which
it is intended to keep School open.
(6.) Date when School opened during Summer only.
TREASURER.
61. By motion of the Board, one of the members thereof
may, with his consent, be appointed Treasurer of the Dis-
trict for the whole or any part of the term for which he
was elected to serve, and may be remunerated for his ser-
vices by a sum not exceeding 2^ per cent, on all moneys
passing through his hands on account of the District, the
proceeds of School debentures excepted.
63. Should it be found inexpedient to appoint a member
of the Board as Treasurer, then the Board shall appoint a
responsible resident of the District to be Treasurer or Sec-
retary-Treasurer, during the pleasure of the Board, at such
rate of remuneration as may be agreed upon,
63. Every Treasurer shall, before entering upon his duties
as such, give security to the School Trustees by a bond
signed and acknowledged before a Magistrate, and such
security shall be given by at least two solvent sureties
jointly and severally, to the satisfaction of the Board of
Trustees, and to the amount of any moneys for which the
Treasurer may at times be responsible, whether arising from
the School fund or from any particular contribution or don-
ation paid into his hands for the support or benefit of the
School District, and such security shall be renewed at the
beginning of each year, or renewed at other times or changed
whenever renewal or change is required by the Board of
Tru.steos. Such bond may be in Form D in Schedule an-
n exed hereto.
( 1.) The Chairman of the Board of Trustees shall obtain
from the Magistrate a certificate in Form E in Schedule
annexed hereto, and forward tlie same to the Secretary of
the Boai'd of Education ;
(2.) No grant shall 1h> paid without production of sucli
certificate.
tt4. It shall be the duty of the Treasurer to collect,
receive and account for all Hchool moneys, whether derived
from the (lovernment or otherwise, for the purpose of
education within the District of which he is Treinsuier, and
to distribute such moneys in the manner directed by the
Board of Trustet's, and to keej) a record of the same in a
book pi'ovided for the purpose by the Board of Trustees,
and he shall give and take rt'ceipts for all moneys so
received and paid out by him, which he shall, when called
upon by the Auditor, appointed under this Ordinance, or by
the Board of Trustees^ produce before said Board of Trustees
or Auditor, as also all moneys or accounts in his charge, and
shall hand o\'er the same to the Board of Trustees on his
ceasing to hold office.
PKNALTIBS.
05. Any Trustee, Officer or Employee of a School District
neglecting"^ or refusing to discharge any duty assigned to
him by this Ordinance, shall, for each offence, be liable to a
fine not exceeding fifty dollars.
««. Any Trustee, Officer or Employee of a School District
who, afterhis ceasing to hold office, detains any money, book,
paper or thing belonging to the District, shall therebj^ incur
a penalty of not less than five dollars nor more than one
hundred dollars for each day during which he wrongfully
retains possi'ssion of such money, books, paper or thing,
after having received notice in writing from the Chairman
of the Board of Trustees, or from the Board of Education,
requiring him to deposit the same in the hands of some
person mentioned in such notice.
6T. Any Returning Officer of any School District or
proposed School District, acting under the provisions of this
Ordinance, who shall knowingly and wilfully prejudice the
result of any voting, by preventing votes from being taken
or taking unlawful votes, or altering the returns or books
446 HchooLs.
in any way or by any other means, shall be liable to a line
of not less than one hundred dollars.
eS. Should the Trustees of any School District wilfully
contract liabilities in the name of the District greater or other
than as provided in this Ordinance, or appropriate any of the
moneys of the District for purposes other than are provided
in this Ordinance, the District, through its proper Otiicers, or
the Board of Education, on its behalf, may recover from
such Trustees, jointly or severally, the sum or sums for
which the District has been rendered liable through the
action of such Trustees over ami abo\'e the amount provided
in this Oiilinance, in addition to the total amount of any
moneys that have lieen misappropriated by such Trustees. -
CO. Any person entrusted in any manner with the carry-
ing out of any of the pcovisions of this Oi'dinance, or quali-
fied to vote at the election of School Ti'ustees, shall be com-
petent to institute proceedings under this Ordinance, except
in cases where it is specially provided to the contrary.
10. All fines, penalties and forfeitures mentioned in this
Ordinance may be sued for, recovered, and enforced, with
costs, by and before a Justice of the Peace ; and if any such
tine or penalty and costs be not forthwith p£(.id, after con-
viction or order made, the same sliall, by and under the war-
rant of the convicting Justice, be enforced, levied and collect-
ed, with costs of distress, and sale of the goods and chattels
of the offender . and in default of such distress, such
Justice shall, by his warrant, cause the offender to be im-
pi-isoned for any time not exceeding thirty days, unless the
fine and costs, and the reasonable expenses of endeavoring
to collect the same, hv sooner paid.
(1.) Such imprisonment shall not discharge the personal
liability of the defendant.
11. All moneys accruing; from fines or penalties under this
Ordinance shall belong to the General Fund of the Terri-
tories.
SCHOOL DISTRICTS MAY BE DISOKGANIZED.
T3. On receipt of a repoft from the Board of Education
that any organized School District has failed to open and keep
iSckools. 447
open a school for at least six months, and advising
that the same be disorganized, the Lieutenant-Governor may
by proclamation, declare that, on and after a day therein to
be named, such School District shall be disorganized and
thereupon the same shall cease to have or enjoy any of the
rights, powers or privileges \'ested in such Corporations by
this Ordinance ; and in tlie event of any debts having been
incurred by such Corporation prior to its disorganization,
and which remain unpaid, the Lieutenant-Governor shall
appoint one or more persons, who shall have full power and
authority to adjust and settle all claims against such School
District and to assess, levy and collect, in the same manner as
assessors and collectors are authorised to do by this Ordinance,
such sum or sums of money as may be required to pay off
such indebtedness and all expenses connected *-.herewith, in-
cluding his or their remuneration as fixed by tlie Lieuten-
ant Governor.
TEACHER.
13. Within six months after the election of Trustees in
a newly organized School District, they shall engage a (|ual-
ified person as School Teacher for such term, not being more
than one year, and at such salary as may be agreed upon.
T4. It shall be the duty of the I'oacher to :
(1.) Preside over and maintain good order in the School ;
(2.) Teach from such books as may be ordered or permit-
ted by the Trustees, from list of books authorized by the
Board of Education, or Sections thereof, and only such ;
(3.) Hold a public examination of the clas.ses in the School
at least once in each tei'ni ;
(4.) Admit Trustees, School Inspectors, parents of children
g.ittending, or ratepayers of the District to the school room at
any time ;
(5.) Report to the Trustees, from time to time on the ne-
cessities of the School and the behaviour of the children at-
tending it ;
(6.) Punish children for misbehaviour, inattendance or
disobedience, in such manner as the Trustees may permit or
direct, to maintain a regular supervision of the pupils in the
play ground, to repress the use of improper language, arid
have a care that games are honorably played ; and generally
to have a care, out of School, over the deportment of the
pupils whilst absent from their homes ;
448 Schools.
(7.) Keep a true register of the School, according to the
forms supplied by the Board of Education, make affidavit,
required by regulations of the Board, and inquire into and
record all cases of tardiness and absence of pupils ;
(8.) To keep the School registers with care.'and to call the
roll and mark the attendance and absence of the pupils, pre-
viously to beginning the regular school work, each morning
and afternoon ;
(9.) To keep a time table showing the classification of the
pupils, the subjects taught in each class, the hour of the day
and the day of the week, when each subject is taught, and
the intervals allowed for rece-^s during School hours ;
(10.) To keep a " Visitor's Book," provided by the Board
of Education, and tr enter therein the visits made to the
School, and to allow any visitor, who so chooses, to make
therein any remarks suggested by the visit ;
(11. To see that the School room is kept clean and well
ventilated, and to observe that the closets belonging to the
premises are kept in a clean condition ;
(12.) To report to the Secretary of the Trustees any need-
ful repairs to the School buildings or furniture ;
(13.) To keep an inventory of the School materials and
furniture, and to report any deficiency in the stock from
time to time ;
(14.) To observe that there is no scarcity of fuel for School
purposes during the winter months, and to exercise due
economy in the use of the same ;
(15.) To render ixssistance to the Secretary of the Trustees
in making the required reports and returns to the Lieutenant-
Governor or the Board of Education or the Inspector of
Schools ;
(16.) To have the custody of the School premises, and to
deliver up the key when required to do so by the School
Trustees ;
(17.) To report to the Secretary of the Trustees, imme-
diately it comes to his knowledge, the presence of any
infectious or contagious disease among the pupils and to
faithfully carry out the wishes of the Trustees in respect
to it ;
(18.) The Teacher of a School may be Secretary of the
Trustees, but not Treasurer.
75. Every Teacher in case of sickness, certified by a medi-
cal man, shall be entitled to his salary during such sickness
Schools. 449
for a period not to exceed four weeks for the entire year,
which period may be increased by the Board of School
Trustees, provided that such Trustees employ a legally
qualified person to supply his place during sickness.
CONDUCT OF SCHOOL.
TO. School shall be held between nine o'clock and twelve
o'clock in the forenoon, and half-past one o'clock and four
o'clock in the afternoon of every day, not including Satur-
days, Sundays, and Statutory Holidays, but the School
Trustees may shorten the School hours, or recess, in the
winter time.
77. The School year shall be divided into two term.s, a
First Term and a Second Term : —
(1. ) The first Term shall begin on the first day of January
and end on the thirtieth day of June in each year ;
(2.) The Second Term shall begin on tiie first day of
July and end on the thirty-first day of December in each
year.
T8. A recess of fifteen minutes in the forenoon and in
the afternoon ma}' be allowed the children attending School,
at the plea.sure of the Board of Trustees.
T9. In all Schools open during the whole year there
shall be six weeks holidays, commencing on the first day of
Jnly, and two weeks holidays, commencing on the twenty-
fourth day of December in each year.
(1.) When a School is only open during the summer
months, the Trustees of such School may give holidays, not
to exceeil four weeks, in either the month of July or the
month of August, at their discretion.
80. Good Friday, Easter Monday, Arbor Day, the Birth-
day of the reigning Sovereign, Dominion Day, Thanks-
giving Day, and any day specially appointed as a holiday
by the Governor-General, the Lieutenant-Governor of the
Territories, the Mayor of a city or town, or the Chairman
or Mayor of a Municipality, shall be holidays ; and it shall
be at the discretion of the Trustees to permit any other
holidays, not exceeding one day at a time.
450 Schools.
8 1 . No person shall be admitted into, or continue in, any
School as a pupil, if he be afflicted with, or have been ex-
posed to any contagious disease, until all danger of con-
tagion shall have passed away, as certified in writing by a
medical man, or other authority satisfactory to the teacher.
83. All Schools shall be taught and instructions giveu
in the following branches, viz. : Reading, writing, ortho-
graphy, arithmetic, geography, grammar, history of Britain
and Canada, and English literature. Instructions shall be
given during the entire School course in manners and morals,
and the laws of health, and due attention shall be given to
such physical exercises for the pupils, as may be conducive
to liealth and vigor of body, as well as mind, and to the
ventilation and temperature of School rooms.
( 1 .) It shall be incumbent upon the Trustees of all Schools^
organized under this Ordinance, to cause a primary course
of English to be taught.
GRANTS MAY BE WITHHELD.
83. Any School, the officers of which shall knowingly al-
low such School to be taught or conducted in violation of
tlie provisions of this Ordinance or of the regulations of the
Board of Education, or Sections thereol^ shall forfeit all
riglit to participate in any of the grants torovided by this
Ordinance to aid the Schools of the»X§i'''^tories, and, upon
satisfactory evidence of such violation, the Board shall
withhold all such grants.
RELIGIOUS INSTRUCTION.
84. No religious instruction, such as Bible reading, or re-
citing; or reading or reciting prayers, (except as in here-
after provided), or asking questions or giving answers from
any catechism, shall be permitted in any Public School in the
Territories, from the opening of such School at nine o'clock
in the forenoon, until the hour of three o'clock in the after-
noon, after which time any such instruction, permitted or
desired by the Trustees, may be given.
85. Schools may be opened each morning with prayer
with the consent of the Trustees, who shall approve of the
form of prayer to be used.
Schools. 451
86. Any child attending any School, whose parent or par-
ents or guardian is or are of the religious faith different
from that expressed in the name of such 'School district,
shall have the privilege of leaving the School room at the
hour of three o'clock in the afternoon, or of remaining with-
out taking part in any religious instruction that may be
given, if the parents or guardian so desire.
8T. It shall be unlawful for any teacher or School trus-
tee to, in any way, attempt to deprive such child of any ad-
vantage that it might derive from the ordinary education
given in such School, and such action on the part of any
School Trustee, Inspector or Teacher, shall be held to be a
disqualification for and voidance of the office held by him
or her.
NO FEES CAN BE CHARGED RATEPAYERS.
88. No fee shall be charged by the Trustees of any
School District on account of the attendance of any children,
whose parents or guardians are ratepayers of such School
District, at the School thereof; but a rate not exceeding five
cents per day, payable in advance, may be charged for any
children whose parents or guardians are not ratepayers to
such School District.
INSPECTOR OF SCHOOLS.
89. It shall be the duty of the Inspector to —
(i.) Visit at least once in each term the Schools under his
charge, and examine the pupils in the different classes as to
proficiency in their studies;
(2.) At the desire of the Trustees of any School District,
examine a Teacher possessing no certificate, and employed or
proposed to be employed by such Trustees, as to his pro-
ficiency in the subjects he is expected to teach, and as to
his methods of teaching ;
(8.) Report from time to time to the Board of Education
as to the eflficiency, methods and usefulness of the Schools
under his charge, and also, when deemed advisable, to the
Trustees of the different School Districts;
(4.) To inspect other Schools at the pleasure of the Board
of Education, or Section thereof, as the case may be ;
(5.) To observe that no books are used in any School but
452 Schools.
those selected from the list of books authorized by the
Board of Education or Sections thereof;
(6.) To assist at the Examination of Teachers if requested
by the Board of Education ;
(7.) At the close of each inspection tour to make a full re-
port of his inspection of every School to the Board of Edu-
cation, and to particularize in each report, name of School,
name of teacher, his certificate, number of School children on
the register, number present on the day of inspection, re-
marks on proficiency of pupils, special remarks, if any, state
of School buildings and premises, state of School apparatus,
general tone of School ;
(8.) Keep a diary of his inspection tour and expenses :
(9.) Inspect and endorse, if practicable, all reports which
are sent through him to the Board of Education ;
(10.) Grant provisional certificates to competent applicants
recommended Ijy trustees of Schools and require such ap-
plications to be in the applicant's own hand-writing ;
(11.) Upon a visit to a School to inspect the School regis-
ter, and to write liis name and the date of his ^isit upon the
line immediately after the last name on the roll ;
(12.) To observe if the School register is systematically
kept ;
(i;3.) To inspect the School buildings and premises and to
suggest to the Trustees any alterntions he may deem neces-
sary for the comfort, accommodation and health of the scho-
lars :
(14.) To inspect the School time table and to endorse his
appro\-al upon it if satisfactory ;
(15.) To make the time table and the programme of stud-
ies, prescribed by'the Board of Education, the basis of his
examination of the classes ;
(16.) To inspect the visitors' book, and to write therein a
general report of the condition in which he found the
School ;
Q7.) To endorse all teachers' certificates in accordance
with the regulations of the Board.
AID TO SCHOOLS.
90. Grants shall be paid to every School, organized under
this Ordinance, as follows : —
(].) Grants on account of Teachers' certificates to every
Schools. 453
School District having a daily average attendance of not
less than six pupils : —
(a.) A grant of 75 per cent, of the Teacher's salary to
every School employing a Teacher holding a first class cer-
tificate from the Board of Education ;
(b.) A grant of 70 per cent, of the Teacher's salary to
every School employing a Teacher holding a second class
certificate from the Board of Education ;
(c.) A grant of 65 per cent, of the Teacher's salary to
every School employing a Teacher holding a third class or
a provisional certificate from the Board of Education ;
(d.) In Districts where the number of children of School
age on register does not exceed twenty-five, an additional
grant shall be paid for attendance, as follows : —
(1.) When the average daily attendance is equal to 75 per
cent, of the number of pupils on the roll, $60.00.
(2.) When the average daily attendance is equal to 70 per
cent, of the number of pupils on the roll, $55.00.
(3.) When the average daily attendance is equal to 65 per
cent, of the number of pupils on the roll, $50.00.
(4.~, When the average daily attendance is equal to 60 per
cent, of the number of pupils on the roll, $45.00.
(5.) When the average daily attendance is equal to 55 per
cent, of the number of pupils on the roll, $40.00.
(6.) When the average daily attendance is equal to 50 per
cent, of the number of pupils on the roll, $35.00.
(2.) Grants on account of additional Teachers :
(a.) To every School where the daily average attendance
exceeds thirty, a grant, as provided in Sub-section 1 of this
Section, for an additional Teacher ;
(6.) To every School, where more than one Assistant
Teacher is employed, a grant, as provided fti Sub-section 1
of this Section, for every Assistant Teacher employed after
the first, where the average daily attendance shall be at
least twenty for each Teacher employed.
91. All grants shall be paid to the Treasurers of School
Districts quarterly, after the last days of March, June,
September and December in each year, on receipt of a return
as per Form F in the Schedule annexed hereto.
ASSESSMENT.
93. Where a School District is situated within a Munici-
454 Schools.
pality, the Trustees may, as soon as may be after the final
revision of the assessment roll of the Municipality, make a
demand on the Council of such Municipality for the suu)
required for School purposes for the then current year ; but
such sum shall not exceed an amount equal to ten mills on
the dollar, according to the last revised assessment roll on
the property liable to assessment in such School District for
ordinary School purposes, with such additional amount as
may be necessary to meet any debenture indebtedness that
may have been incurred and be coming due.
93. When property owned by a Protestant is occupied
by a Roman Catholic and vice versa, the tenant in such cases
shall only be assessed for the amount of property he owns,
whether real or personal, but the School taxes on such pro-
perty shall in all cases, whether of not the same has been or
is stipulated to the contrary, in any deed, contract or lease
whatever, be paid to the School District, to which such
owner is a ratepayer.
94. Whenever property is held jointly, as tenants, or
tenants in common, by two or more persons, the holders of
such property being Protestants and Roman Catholics, they
shall be deemed and held accountable to the Board or Boards
of Trustees for an amount of taxes in proportion to their
interest in the premises, tenancy or partnership respectively
and such taxes shall be paid to the School District to which
they respectively are ratepayers.
95. If a School District be situated partly within two or
more Municipal Corporations, then the Board of Trustees may
make a demand upon each of such Corporations, for
that pi-oportion of the amount of money required by such
District which piay justly be demanded by such District
according to the amount of property included within the
limits of the District and, situated within the limits of such
Municipality ; or the Trastees may themselves, or by means
of an Assessor, levy an assessment as provided in this
Ordinance.
96. The Trustees of any School District or an assessor
whom they may appoint, as soon as may be in each year
shall prepare an assessment roll for the School District,
in which shall be set down, according to the best informa-
Schools. V 455
tion to be had, a list of all the taxable property for their
School in the District, with the names of the occupants and
owners, if such can be procured, and such list shall contain in
one line, bat in different columns, the following- information:
(1.) Name of occupant or person in possession, (// fJwre
he no oirwpant, a statement to that effect);
(a) Religion of occupant ;
(b) Sex-
(r) Age;
('/) Occupation ;
( '■) Place of residence ;
(2.) ^fanleof the owner, if it can be ascertained, .(// '/(«)i-
er's name be unknovm, such paiiiculars r.oncervinq ninicr-
ship iif propertf/ as mn.ij be hiwwn);
(a) Religion of owner ;
(b) Sex;
('■) Age ;
{d) Occupation;
(c) Place of residence ;
(3.) Description of real property in Qccupation of each
person :
(a) Part and number of section, township, range and mer-
idian, or number and description of lot in special survey,
or number of lot, house or other particulars of each parcel ;
(b) Improvements in cultivated land {giiiing area), and
buildings {qivlng size), on each parcel ;
(c) Area in acres or feet of each parcel ;
id) Value of each parcel ;
(t) Total value of real property ;
(-1)). Description of taxable personal property ;
(a) Taxable personal property, other than income, with
particulars ;
(&) Value of such personal property ;
{(:) Taxable income ;
{d) Total value of personal property, including taxable
income ;
(5) Total value of taxable real and personal property.
9T. " Land," " real property " and " real estate " respec-
tively shall include all buildings or other things erected
upon or affixed to the land, and all machinery or other
thino-s so iixed to any building as to form, in Law, part of
the reality, and all trees or underwood growing upon the
456 Schools.
land, and all mines, minerals, quarries, fossils in and under
the same, except mines belonging to Her Majesty.
(1.) " Personal estate " and " personal property " shall in-
clude all goods, chattels, shares in incorpoi-ated companies,
interest on mortgages, dividends from bank stock, money,
notes, accounts and debts, at their actual value, income and
all other property, except land and real estate and real pro-
perty as above defined and except property herein expressly
exempted ;
(2.) " Property " shall include both real and personal pro-
per'ty, as above defined ;
(3.) " Ranche" shall mean land held under a grazing lease
from the Dominion Government.
PROPERTY LIABLE TO TAXATION, WITH EXEMPTIONS.
J>8. All real and personal property situated within the
limits of any School District, or income derived by any per-
son resident within the limits of such District, and. where-
ever anjr portion of a ranche and the head-quarters of such
ranche are within the limits of any School District, the
whole of the personal property belonging to the lessee of
such ranche, on the same, shall be liable to taxation, subject
to the following exemptions :
(1.) All property held by Her Majesty or specially ex-
empted by the Parliament of Canada or for the public use
of the Government of the Territories ;
(2.) All property held by or in trust for the use of any
tribe of Indians or the property of the Indian Department ;
(3.) Where any property mentioned in the preceding
clauses is occupied by any pei'son otherwise than in an
official capacity, the occupant shall be assessed in respect
thereof, but the property itself shall not be liable ;
(4.) The buildings and grounds, to the extent of two
aci-es, of all Public and Separate Schools, and the personal
property belonging to the same, being used for School pur-
poses, and under the management of the Board of Education
of the Territories ;
(5.) Jails and Court Houses and the necessarj- land at-
tached thereto ;
(6.) Churches and the land on which they stand, not ex-
ceeding one- half acre, and any land in use as a public cem-
etery, not exceeding twenty-five acres.
(7.) The books of every public library ;
Schooi'i. 457
(8.) The income of a farmer derived from his farm and the
income of merchants, mechanics and other persons derived
from capital liable to taxation ; provided that the income of
persons employed by the North-West Government be not
excepted ;
(9.) Grain in traanitu, household effects of every kind,
books and wearing apparel ;
(10.) The increase in the value of the land by reason of
the annual cultivation thereof, together with the growing
crops.
99. A person occupying property or deriving income not
liable to taxation, may compel the assessor, on written de-
mand, to assess him for such property or income in order
that he may thereby be qualified for voting or holding ofEce
ASSESSMENT OF UEAL AND PEKSONAL PEOPERTY.
1 00. Land and personal property shall be assessed against
the person in occupation or possession thereof, unless when
in the case of a non-resident owner, such owner shall in
writing requii-e the assessor to assess him alone for such
property. But the person assessed shall in all cases, unless
there is a stated agreement to the contrai y, have summary
recourse agaiUuSt such owner for the amount of taxes paid.
101. Taxes may be recovered either from the owner or
occupant.
102. Where more persons than one are joint tenants or
tenants in common, or holders of any property, they, or any
number of them, shall be assessed for the whole of siich
property, subject always to the provisions v^f Section 94 of
this Ordinance, and such assessment may be levied upon any
one or more of them, saving always the recourse of such
. persons against the remaining holders, tenants or owners.
103. Real and personal property shall be estimated at
their actual cash value, as they would be appraised in pay-
ment of a just debt from a solvent debtor.
104. Land held in actual use and not for purposes of
sale, shall be appraised at the value which it is reasonably
worth for the purposes for which it is in use.
458 • Schools.
1®5. Any person nuiy be required by the assessor to de-
liver to him a written statement of all property for which
he is liable to be assessed, with such other information as to
owner, occupant, location and value or other necessary par-
ticulars as may be demanded, and if he fails to do so or
knowingly makes any false statements, such_ person shall,
upon complaint of the assessor and upon conviction before a
Justice of the Peace,forfeit and pay a fine of twenty dollars,
to be recovered in like manner as other penalties upon sum-
mary conviction before a Justice of the Peace.
i06. The assessment roll shall be completed by the first
day of April, or so soon thereafter as may be, in each year,
and the assessor shall, before handing the roll over to the
Secretary of the Board of Trustees, make an afladavit (which
shall be inscribed upon the roll) before a Justice of the
Peace, that 'the statements contained therein are correct to
the best of his knowledge and belief, after making due en-
quiry in each case.
COURT OF REVISION.
1 07. (Jn receipt of the assessment roll by the Secretary
of the Board of Trustees, in form as hereinbefore provided,
he shall file the same, and at all convenient office hours shall
keep it open to the inspection of all persons resident, or own-
ing, or in the possession of property, or in receipt of incomes
within the district, for at least the space of two weeks and
until the sitting of the Court of Revision.
108. As soon as the assessment roll shall have been com-
pleted and filed as hereinbefore provided, the Secretary of
the Board of Trustees or the assessor shall notify in writing,
by post or otherwise, every person whose name appears*
upon such roll and whose address is known, as follows :
ScHooi, District of \
Sir (or Madam) :— day of IS /
You are hereby notified that your name .appears on the assessment roll of this
School District for the present year as the owner (or occupants of the following
property : — {Then give description of property and assessed value.) The Board
of Trustees for the disi rict will sit as a Court of Revision as follows : — (Mention
day, hour and place at which Court shall be held,) and if you consider tliat you
have been wrongfully assessed as above stated, you will have an opportunity to
make a statement of your case before the above Court.
Schooh. 4,59
b7^n't'itu.°i't*if „*^S^ '( J""" ^". "S' "^PPeai' before this Court of Revision you will not
Slcfi'„'^ti^rsS?lltei,tfr^oTL°l\fSat^d'"P'-'^"''^^°^ "' '^« ^^•^'"^''^ °^-
(Signed)
Secretary Board of Trustees.
(or
Assessor.
To
109. The Board of Trustee.s shall cause to be posted up in
at least five conspicuous places within the district, a notice
that the assessment roll of the district for the current year
has been made up, and where it may be examined, also the
time and place at which the Court of Eevision will
be held, with a notice that such parties as do not appear
before the Court of Revision will not be entitled to appeal
from the decision of the Court of Revision to the Supreme
Court of the Judicial District in which such School District
is situated. *
110. The Board of Trustees of any School District shall
sit as a Court of Revision not less than fifteen or more than
thirty days from the filing of the roll, and shall hear all
complaints that may be entered up to the end of the day so
appointed, and may adjourn from day to day until such
complaints have been disposed of, but complaints entered
after the day mentioned may or maj' not be recognized by
such Court of Revision.
111. Such Court of Revision shall have power to take
evidence under oath, if necessary, either on behalf of the
appellant or the School District, and shall alter or amend
the assessment roll as to them shall seem to be in accordance
with what is just and right.
1 1 2. If a person is dissatisfied with the decision of
the Court of Revision, he may appeal therefrom to a
Judge of the Supreme Court. In all cases of appeals the
proceedings shall be as follows :
(1.) The person appealing shall, in person or agent, serve
upon the Secretary of the School District, within eight days
after the decision of the Court of Revision, a written notice
of his intention to appeal to a Judge of the Supreme Court ;
(2.) The Secretary shall, immediately after the time limit-
ed for filing notice of appeals, forward a list of the same to
460 Schools.
the Judge of the Supreme Court, usually exercising juris-
diction in the Judicial District of which such School District
forms a part, or if such School District forms part of more
than one Judicial District, then to the Judge whose official
residence is nearest the School District ;
(3.) The Secretary shall thereupon give notice to all the
parties appealed against, in the same manner as is provided
for giving notice on a complaint to the Court of Kevision,
but in the event of failure by the Secretary to have the
required service of notice in any appeal made, or to have
the same made in proper time, the Judge may direct service
to be made for some subsequent day upon which he may
sit;
(4.) The Secretary of the School District shall cause a
conspicuous notice to be posted up in his office, or the place
where the Board nf Trustees holds its sittings, containing
the names of all the appellants and parties appealed against,
with a brtef statement of the ground or cause of appeal
together with the time and place at which a Court will be
held to hear appeals ;
(5.) The Secretary of the School District shall be the
Clerk of such Court ;
(6.) At the Court so holden, the Judge shall hear the
appeals, and may adjourn the hearing from time to time,
and defer judgment,thereon at his pleasure, but so that all the
appeals may be determined before the first day of September ;
(7.) At the Court to be holden by the Judge, to hear the
appeals hereinbefore provided for, the person having charge
of the assessment roll, passed by the Court of Revision, shall
appear and produce such roll and all papers and writings in
his custody connected with the matter of appeal, and such
roll shall be altered and amended according to the decision
of the Judge, if then given, who shall write his initials
opposite any part of the said roll, in which any mistake,
error or oinission is corrected or supplied, and if the decision
is not then given, the Secretary of the School District shall,
when the same is given, forthwith alter and amend the roll,
according to the same, and shall write his name opposite
every such alteration or correction ;
(8.) In all such proceedings, the Judge shall possess all
such powers for compelling the attendance of, and for the
examination on oath of all parties, whether claiming, or
objecting, or objected to, and all other persons whatsoever,
and for the production of books, papers, rolls and docu-
Schools. i61
ments, and for the enforcement of his orders, decisions and
judgments, as belong to or might be exercised by him in the
Supreme Court ;
(9.) All process or other proceedings, in, about or by
way of appeal, may be entitled as follows :
' ' In the matter of appeal from the Court of Revision of the School
District nf
A.B.,...
and
CD
Appellant,
Respondent. "
(10.) The cost of any proceeding before the Judge as
aforesaid, shall be paid by or apportioned between the
parties, in such a manner as the Judge thinks proper ; and
where costs are ordered to be paid bj' any party, the same
shall be enforced by execution, to be issued as the Judge
may direct, from tb.e Supreme Court, or in the same manner
as upon an ordinary ju'lgment for costs recovered in such
Court ;
(11.) Tlie costs chargeable, or to be awarded in any case,
maybe the costs of. witnesses and of procuring their atten-
dance, and noije other, the same to be taxed according to
the allowance in the Court for such costs ; and in case A-^diere
execution issues, the costs thereof as in the like Court, and of
enforcing the same, may also be collected thereunder ;
(12.) The decision and judgment of the Judge shall be
final and conclusive in every case adjudicated upon.
RATE OF ASSESSMENT.
I
113. So .soon as the assessment roll has been finally
revised bj' the Board of Trustees, as aforesaid, they shall
make an estimate of the probable expenditure of the School
District for the current year, and shall strike such a rate of
assessment on the assessed value of the taxable property with-
in the district, for the School they represent, as shall be suffi-
cient to meet such probable expenditure, making due allow-
ance for charges and probable loss in collection :
(1.) Such rate shall not exceed ten mills in each dollar
of property liable to taxation for ordinary School purposes,
with such additional rate per dollar as may be necessary to
4G2 • Schools.
meet any debenture imlebtedness that may have been
incurred Vjy such School District on the terms upon which
it was incurred.
COLLE(ni<.)X OF RATES.
114. The Board of Tru.^Dees shall cau.se to be made out
a collector'.'^ roll for the District, on which shall be set ilown
the name of every person assessed, the assessed \ alue of his
real and* personal property', and the amount with which
such person is chargeable, according to tiie rate of taxation
struck in respect of sums ordered to be levied by the Board
of Trustees, with any oth.-r particulars that may be necessary,
and such roll shall be placed in the hari<ls of the Trea.surer
for collection.
115. As soon as the Treasurer shall have received tlie
collector s roll hf shall remit or cause to be remitted, by
mail or otherwise, to each person wliose name appeal--; upon
it as assessed for taxes, a notice in the following form :
School District of day of IV
Sir for MAD.4.Mi. — You are hereby notified that you are j^.s-' h-ed on the
assessment roll of thi*! district for the following properties- : there fpvr fjf:^tcri prion
arul ojisessed value) the taxe^ un which, at the rate of on the
dollar, amounts to , and arrairs to the amount of
It the above amount is not paid to the under.si^m-d within thirty days from the
date of this notice, action to recover, as provided by Law, will b^ taken.;
Treasurer.
To
116. The Treasurer shall '^ixb receipts on behalf of the
School District for all taxes paid to him, and .shall enter
the fact of such payment, with the date, on the collector'.^
roll.
1 IT. As soon as juilgiiient lias been 'dven in the ca-se of
an assessment appealeel to the Supreme Court, the Trustees
shall alter, amend or erase from the assessment and ctillec-
tor's rolls in accordance with such decision.
118. The Treasurer shall notify the Board of Trustees
from time to time, the names of persons who fail to pay the
taxes assessed again.st them, and the Board of Trustees .shall
take, or authorize to be taken, such action for the collection
of such taxes as is hereinafter provided in this Ordinance.
Schools. 4()3
I li). In case any person fails to pay the taxes assessed
against hitn, during the thirty days of notice, provided in
section 115 of this Ordinance, the- Treasurer may, uy him-
self or his agent, levy the same with costs, by distress of the
goods and chattels of the person against whom the same is
assessed, situated within the School District, or of any goods
or chattels found upon the premises assessed, the property
of or in the possession of any other occupant of the premises,
and the costs chargeable shall be those payable to Sheriffs.
1?J0. The Treasurer shall by advertisemynt, posted up in
at least three public places in the School District, wherein
the sale of goods and chattels distrained is to be made, give
at least six days public notice of the time and place of such
sale and of the name of the person in payment of whose
taxes the property is to be sold, and, at the time named in
the notice, the Treasurer or his agent shall sell at public
auction the goods and chattels distrained or so much thereof
as may be necessary to pay the taxes assessed, with all law-
ful costs up to the close of sale.
I'il. If the property distrained has been sold for more
than the amount of the ta.Kes and costs, and if no claim to
the surplus is made by any other person on the ground that
the property sold belonged to him, or that he was entitled
by lien or other right to the surplus, it shall be returned to
the person in whose possession the property was when the
distress was made.
[1.] If any such claim is made by the person for whose
taxes the property was distrained, and the claim is admit-
ted, the .surplus shall be paid to the claimant;
[2.] If the claim is contested, such surplus money shall be
paid over by the treasurer of the district to the Clerk of the
Supreme Court within whose jurisdiction such School is sit-
uated, who shall retainthe same until the respective rights of
the parties have been determined by action at Law or other-
I3*/J. If the taxes payable by any person cannot be re-
covered in any special manner provided by this Ordinance,
they may be recovered, with interests and co.'^.ts, as a debt
due to the School District, in which case the production of
the collector's roll oi' a copy of so much thereof as relates to
464 Schools.
the taxes payable by such person, certified as a true copy by
the Seci-etary of the School District, shall be prima facie
evidence of the debt.
133. The Treasurer shall, on or before the first day of
December in each year, return the collector's roll to the Sec-
retary of the Board of Trustees, with an account of all
moneys received by him, accompanied by an affidavit, made
before a Justice of the Peace, that the collection and other
proceedings have been taken in accordance with the
terms of this Ordinance, and that all the returns contained
therein are correct.
134. The treasurer shall at the same time make a return
certified 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.
[1.] A copy of such return shall 'ue kept on file by the
Secretary of the School District, and shall be open to inspec-
tion of the ratepayers of the district or their agents.
83.5. The taxes accrued on any land or property shall be
a special lien upon such land or property having preference
over any claim, lien, privilege or incumbrance of any party,
except the Crown, and shall not require registration to pre-
serve it, and shall hear interest at the rate of 5 per cent.,
from the time of the return of the collector's roll to the
Secretary.
136. Such accrued taxes shall be entered upon the assess-
ment roll of the district against such property from year to
year, and shall be held to be payable, if not otherwise col-
lected, at the same time and in the same manner as the
ordinary taxes of the year.
131. Whenever the Treasurer 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 ar-
rears for taxes, he shall proceed to levy the amount due in
the manner and under the same provisions as are contained
in section 119 of this Ordinance.
Schools. 465
I/i8'. When a portion of the tax oh any land has been
due for more than two years, preceding the current year,
the Secretary shall prepare a list, to be headed " List of
Lands to be sold for Taxes," which shall be in duplicate, of
all the lands against which arrears of taxes remain unpaid,
showing the amount of such arrears against each lot, parcel
or sub-division, and all other lawful charges standing against
such land on account of such arrears of taxes, and the
Secretary shall certify to the correctness of such lists. One
of said lists shall be delivered to the Treasurer of the School
District, with a warrant thereto annexed, signed by the
Chiirman, commanding such Treasurer to levyj and collect
such arrears with costs.
1 3J>. The Treasurer shall endorse on such list the date of
the tec iipt thereof by him, and give a receipt therefor to
the Secretary ; and thereafter the collection of such arrears
shall belong to the Treasurer alone, and he shall receive pay-
ment of such arrears in whole ; in no case shall he receive a
part thereof, unless satisfactory proof be produced of pre-
vious payment, or that an erroneous charge has been made
in whole or in part, and a resolution of the Trustees author-
izing him so to do, and he .shall give a receipt for such
payment, specifying the amount, for what years, the
description of the lot or parcel of land, and the date of
payment.
S 30. The Treasurer shall cause to be published in the
weekly newspaper published nearest the School District,
in three consecutive issues of the same, a copy of said list,
' with a notice stating when and where the said lands are to
be sold, and shall cause to be posted up in at least five con-
spicuous, places in the School District (one of which shall be
the Post Office nearest to the District) similar copies bf the
said list and notice ;
(1.) The Treasurer shall also cause to be published in the
North- West Territories Gazette, during every issue of llie
same, from the date of the first publication in the newspaper
above mentioned to the date of sale, a notice in the follow-
ing form :
NOTICE.
Notice is hereby given that on the day of at the
hour of at (give name of place in particular) there will be offered
for sale by public auction, in accordance with the terms and provisione
466. Schools.
of the School Ordinance of the North- West Territories, providing for
fche Bale of lands for arrears of School Taxes, certain lands situated in
(give name of School District), particulars -regarding which lands may
be found in the issues of (give name, date and place of issue of news-
paper.
Treasurer.
131. The Treasurer shall, within one month after the last
publication of the sale, as hereinbefore provided proceed to
sedl the lands by public auction, and the lands shall be
offered for sale in lots or parcels, as the case may be, against
which the arrears of taxes, together with costs and charges,
stand.
i'i'i. Where the title to any land sold for arrears of taxes
is in the Crown, the deed therefor, in whatever form given,
shall be held to convey only such interest as the Crovvn may
have given or parted with, or may be willing to recognize'
or admit that any person possesses under any color of right
whatever; and the School District on whose behalf any
laad shall be sold for arrears of taxes as aforesaid, shall, in
case ol' an;,' such sale being declared invalid, be liable only
for the purchase money actually paid therefor to the School
District, and interest thereon as for damages or otherwise.
1JS3. It shall not be the duty of the Treasurer to make
enquiry before effecting the sale of land for taxes, to ascer-
tain whether or not there is any distress on the land, nor
shall he be i>ound to enquire into nor form any opinion of
the value of the land.
134. The Treasurer shall offer each lot or parcel of land
separately, and shall state the whole amount due on said
lot or parcel, and shall sell the whole or so much as is
necessary to the party who pays the whole of the amount
due on account of said arrears, costs and charges.
135. The laud adjudged to be sold by the Treasurer under
this Ordinance shall be, commencing at the southeast corner,
and shall conform as nearly- as may be to the shape and
number of acres in the lot or parcel of land offered for sale
and shall include the buildings or other improvements
thereon, and when the land has been sub-divided into lots,
i£ the whole lot is not sold, the amount adjudged to be
Schools. 46T
^old shall be a strip o'S the whole southerly side of said lot,
and shall include the buildings or other improvements
thereon.
1 3C All sales of lands for taxes shall take place and be
holden within the limits of the School District, where the
land to be sold is situated, unless otherwise directed bv the
Lieutenant-Governor, in Council.
1 31. The owner or agent of any land may pay the arrears
with co.sts and charges against the same, at any time before
the same are sold.
138. The Treasurer may adjourn the sale from time to
time, but at the time of such adjournment shall publicly
state at what time the sale shall be resumed.
1 39. If the purchaser of any land fails immediately to
pay the arrears, costs and charges against any land, the
Treasurer shall forthwith put up the property for sale.
140. The Treasurer, after selling any lands for taxes
.shall give a certificate under his hand to the purchaser,
stating what part of the land has been sold, describing the
same as in notice of sale, the quantity sold, the sum for
which it has been sold, and further stating that the land so
sold will be convej^ed by the Treasurer to the purchaser or
his assigns, on his or their demand, at any time after two-
years if the same be not pre^'iously redeemed.
141. The purchaser shall, on receipt of the Treasurer's
certificate, become the owner of the land, .so far as to have
all the necessary rights of action and powers for protecting
the same from spoliation or waste until the expiration of the
term during which the land may be redeemed ; but he shall
not knowingly peiniit any person to cut timber upon the
land or otherwise injure the land, nor shall he do so himself,
but he may use the land himself without deteriorating its
value, provided that the purchaser shall not be liable for
damage done to the property without his knowledge.
142. The owner, or his agent appointed by him in writ-
inir, may redeem any land sold by the Treasurer for arrears of
taxes at any time after the sale thereof and before the ex-
468 Schools,
piration of two years, by paying to liii'i i!,e full amount for
which the land was sold and interest thereon at the rate of
twenty per centum per annum, to be computed from the
date of sale, and an additional commission to the Treasurer of
two and one-half per cent,
143. From and after the payment ii the Treasurer of the
amount of redemption money as aforesaid, the purchaser
shall cease to have any further rights in or to the lands in
question.
144. The purchaser shall be entitled to i-eceive the full
amount of purchase money from the Treasurer for the land so
redeemed, together with interest to be computed at the rate
of twenty per cent, per annum, from the date of the certifi-
cate given to him by theTreasurer to the date of the redemp-
tion.
145. If the land he not redeemed within the period al-
lowed for its redemption, being two years from the date of
.>riale, exclusive of that day, then on demand of the purchaser
of' his assigns or other leual representatives at any time
afterwards and on paj'ment of two dollars, the Treasurer shall
prepare and execute and deliver to him or them a deed in
duplicate of the land sold.
c
1 46. Such deed .shall be in the form, or to the same effect,
as in Form (} in Schedule annexed hereto, and shall state
the date and cause of .sale and the price, and shall describe
the land according to the description in the certificate, and
such deed shall have the effect of vesting the land in the
purchaser or his heirs and assigns or other legal representa-
tives in fee simple, and no such- deed shall be invalid for any
error or miscalculation in the amount of taxes or interest
thereon in arrears or any error in describing the land.
INCURRING DEBT.
141. Should it appear desirable to the Board of Trustees
of any School District that a sum of money should be bor-
rowed upon security of the District for the purchase of a
School site or for the erection, purchase or improvement of
a School building or buildings or for furnishing the same or
for the purchase of suitable play, grounds for the children
Schools. 469
attending the School or Schools of the District, they shall pass
» by-law to that effect, as per Form H in Schedule annex-
ed hereto, or to the like effect, and before proceeding to bor-
row such sum of money, shall receive the sanction of a ma-
jority of the votes of the ratepayers of the School or Schools
by taking a vote thereon as hereinafter provided ; provided
always, that this Section, as revised, shall relate back and
take effect from and after the day of the passing of " The
School Ordinance of 1884," 6th August, 1884.
148. The Board of Trustees shall give notice, as per
Form I in the Schedule annexed hereto, or to the like effect,
of the polling, by notices displayed in at least ten conspicu-
ous places throughout the district, at least twenty days be-
fore the polling.
14!>. A certified copy of the notice of polling shall be
forwarded forthwith to the Lieutenant-Governor by the
Secretary of the Board of Trustees.
1 50. The Chairman of the Board of Trustees shall be Re-
turning Ofiicer, and shall act as hereinafter provided.
151. The Returning Officer shall :
(1.) Provide himself with a book, suitably ruled and headed
for the purpose of recording the vote cast, in which shall
appear, in separate columns, but in one line, the name and
»ei of each voter, the description of the property voted upon,
remarks, whether voter was sworn or refused to be sworn, and
the vote cast, whether " yea " or " nay " to the purpose speci-
fied in the notice of voting ;
[2] Keep post<?d in a conspicuous place at the place of
polling, a copy of the notice of voting ;
[3.] Appear at the place on the day and at the hour men-
tioned in the notice of voting, and continue there during the
hours mentioned in such notice ;
[4.] Question, either personally or by an interpreter, in the
voter's own language, if necessary, every person presenting
himself or herself to vote, as to name and location, or descrip-
tion of property, and record the answers given in the poll
book ;
[5.] If required by any person present or of his own ac-
cord, if deemed advisable, administer the following oath,
which shall express the qualification of voters :
■470 Schools.
I, do solemnly swear that I am a bonaflde resident ratepayer of
{give name of district in full] ; that I am of the full age of twenty -one year* ;
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 hare I any hope of receiving any reward for voting at this time and plaoe.
So help me God.
(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
language spoken by him (either personally or through an
interpreter) whether he votes for or against the purpose ex-
pressed in the notices of voting, and record his answer in
the column headed " yea " or " nay " according to the ex-
pressed wish of such voter ;
[7.] Admit any two persons who have respectively voted
" yea " or " nay " into the polling place, to act as scrutineers,
and on demand, allow either or both of them to see any vote
recorded in the book ;
[8.] At the hour appointed in the notice of voting, sum up
the votes cast and declare the result ;
[9.] In the case of a tie after the final recount, give a cast-
ing vote ;
[10.] Announce the day, being within seven days of the
day of voting, when, and the place where he will appear
before a Justice of the Peace for a final recount of votes, and
when all complaints against the conduct or result of the
voting will be heard.
158. On appearing before a Justice of the Peace at the
time and place appointed, the Returning OfEcer shall place in
the hands of such Justice the poll-book used by him at the
poll, and shall make an affidavit before the Justice which
shall be inscribed upon such book, that the election has been
conducted throughout in the manner provided by this
Ordinance (or with such exceptions as he shall mention) and
that the returns contained therein are correct.
[l.j 'i !ie Justice shall then receive and record in writing
any coi, plaint that may be made under oath by any parties
relative to the conduct of the voting, and shall examine into
and decide such complaints by taking evidence under oath.
153. Before proceeding to the hearing of any complaint,
the Justice shall require the complainant to deposit with
him such sum, not being less than twenty-five nor more
than one hundred dollars, as may seem necessary to him to
cover the costs of the hearing of the complaint, which costs
ishall be paid according to the decision of such Justice,
tSchooh. '471
154. The decisions of the Justice shall be as follows :
[1.] If it be found that the proceedings in taking the vote
have been irregular in any essential particulars and that in-
justice has therebjr been done, it shall be declared of no effect,
and the Justice shall forthwith forward to the Lieutenant-
Governor a full report to that effect ;
[2.] If it be found that any vpte has been cast by any per-
son not duly qualified to vote, or on account of bribery or
intimidation, it shall be struck oli the poll book.
155. When all complaints have been heard and decided
upon and the corresponding alterations duly made in the
poll book, the Justice shall finally sum up the votes cast and
shall forward to the Lieutenant-Governor a return, as per
Form J in schedule annexed hereto, or to the like effect,
showing the total number of votes taken, and the number
remaining on each side after the recount.
156. If it is desired to appeal from the decision of tlie
Justice, such appeal must be made in the manner provided
in Chapter 17H of the Revised Statutes of Canada, Sec. 77.
15T. Upon receipt of the return mentioned in Section
]55, and upon being satisfied that the several conditions re-
quired by this Ordinance, have been complied with, the
Lieutenant-Goverjior shall, in writing, empower the Trus-
tees to borrow the sum or sums of money mentioneii in the
by-law, and shall publish the same in the Official Gazette
of the Territories : and the assent of the Lieutenant-
Governor, 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.
158. All iiioney borrowed under this Ordinance shall be
borrowed by debeiiturc, except as hereinbefore provided by
this Ordinance.
(I.) 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 and personal property within the District,
according to the last finally revised assessment roll of the
District ;
(2.) Debentures shall not rim for a longer term than
twenty years if the School buildings be built of brick, con-
472 Schools.
Crete or Stone, and shall not run for- a longer term than ten
years if the buildings be of frame or log ;
(3.) Debentures shall be in the form following, or to the
like effect :
{Give full corporate name of School) ? Debenture No
The Tr\]ateesot {give full corporate name) promise to pay the bearer, at the
at the sum
of dollars of lawful money of Canada, in
equal annual instalments from the date hereof, with interest at the rate
of per cent, per annum on the terms and in the amounts specitled m th :
coupons attached hereto.
(Signed)
Chairman [or Acting Chairman]
Trustee.
Dated this day of 18 • • •
(Coupons.)
Coupon No
Diihenture No
The Board of School Trustees of
will pay to the bearer atthe bank at on tne
dav of 18 the sum of dollars,
beine the payment with the total interest
at the rate of per cent, per annum due on that day on School; Debenture
No.
(Slgnedl
Chairman [or Acting Chairman. 1
Trustee.
[4.] Debentures shall not carry interest at a greater rate
then eight per cent, per annum.
S59. The Trustees of any School District having receiv-
ed notice from the Lieutenant-Governor, authorizing them
to contract a loan as hereinbefore provided, shall issue de-
bentures therefor in the form set forth in sub-section 3 of
the next preceding section to secure the amount of the
principal and interest of such loan upon the terms specified
in the by-law before mentioned, and said debentures and the
coupons thereof shall be sufficient, when signed by two of
the Trustees of the School District to bind such School Dis-
trict and to create a charge of lien against all School pro-
perty and rates in the School District for which such loan is
made.
160. All debentures shall, on redemption, be marked
" cancelled " and signed by the Secretaiy of the Board of
Tru.stees across the face thereof.
Schools. 473
161. All debentures before being issued, shall be sent for
registration to the Secretary of the Board of Education, who
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 purpose for which the indebtedness was incurred,,
with particulars of the amount foi- each specific purpose ;
[•i. The date of redemption of each debenture.
teachers' certificates.
163. No certiiicate shall be given to any person as a
Teacher who does not furnish satisfactory proof of good
moral character.
163. Every Teacher's certificate of qualification shall
have the signature of a member of the Board of Education,
and be registered by the Secretary of the Board.
164. Provisional certificates shall only remain in force
for one year from the date of issue, but shall lapse sooner
if the holder shall fail to pass the examination for a third
class certificate held during the year.
AN.VUAL SCHOOL MEETING.
165. An annual meeting of the ratepayers of every
School District shall be called by the Chairman of the Board
of Trustees for the first Thursday of January in each year,
or such other day not later than the Saturday following, as
may be expedient, by public notice, giving the day, place
and hour of meeting, and such notice shall be posted in five
conspicuous places within the district eight days before the
day for which the meeting is called.
166. The Chairman of the Board of Trustees shall be
Chairman of the meeting, and the Secretary of the School
District shall record the minutes thereof.
1 6T. There shall at such meeting be submitted in writ-
ing by the Board of Tnistees and read to the meeting:
474 >Sckool8.
(1.) By the Secretary thereof, a statement of the teacher
and signed by him giving the following particulars :
[«.] The nuniber of days on which School was kept open
during each term succeeding the last annual meeting :
[6.] The total number of children attending School during
that period, specifying the number of males and females
respectively ;
[c] The avei-age daily attendance during each term ;
[d.] The branches of education taught in the School and
the number of children studying each ;
[e.] The number of dismissals of scholars for misbehavior
or other causes ;
[/.] The report of the Inspector on the occasion of his last
inspection of the School.
(2.) By the Secretary of the Board of Trustees and signed
by him, a statement showing :
[a.] The names of the Trustees ;
[b.] The vacancies created in the Board during the year,
if any, giving the reasons therefor with an account of the
elections held to fill such vacancies and the results thereof ;
[c] The engagements entered into du,ring the year by the
Board as well as an account of those entaile<l upon them by
their predecessors ;
[d.~\ The amount of assessable property in the District ae-
•ording to the last finally revised assessment roll ;
[e.] Rate of School tax per dollar ;
[/] Rate of tax per dollar to pay off debenture indebted-
ness ;
[g.] The appeals against assessment made to the Suprem*
Court and the result of such appeals ;
[A.] The times of holding regular 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 an d personal propei-ty held in
the District.
(3.) By the Treasurer of the School District and signed
by him, a"statement showing :
[a.] The ameunt 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.
Schools. 4.75
[c] The amount of money due the District from all source*
with particulars ;
[d.] The amount of moue}' paid out by the District during
the year with the particulars of payment ;
(e.) The amount, if any due by the District, to whom
due, and the terms and time of payment ;
(4.) By the Board of Trustees, and signed by the Chair-
man, such statement in regard to the past, present and
future of the District, as they may deem sufficient.
DEFERRED SCHOOL MEETINGS.
168. In case, from want of proper notice or other cause,
any tirst or other School meeting, required to be held undei
this Ordinance, was not held at the proper time, any two
resident 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 three of the most public places in the
School District, and the meeting thus called shall possess all
the powers and perform all the duties of the meeting in th«
place of which it is called.
MISCELLANEOUS.
169. The fiscal School year shall commence on the first
day of January in each yea);, and all accounts opened dur-
ing the preceding fiscal year shall, if possible, be closed at
that date.
1 10. All School Districts heretofore established are here-
by continued under and subject to the prorisions of thin
Ordinance.
111. The Board of Education shall cause to be printed
and kept on hand such forms as they may deem necessary
in the carrying out of this Ordinance, and supply the same
to parties interested, upon application, at cost price.
IT/J. Public notices put up in accordance with this Or-
dinance may be either printed or written, and unless other-
wise provided, the Trustees shall post up, within the District
at least five such notices, not less than eight days prior to
the holding of all public meetings.
476 Schools.
1 13. AU declarations and affidavits provided by this Or-
dinance may bo made either- before a Justice of the Peace or
a Notary Public.
114. All School meetings, after the first, shall be called
by the respective Boards of Trustees, ercept as otherwisu
provided by this Ordinance.
115. The Lieutenant-Governor may, whenever he thinks
it desirable in the public interest to do so, appoint a Com-
missioner to examine into and report to him upon the con-
dition of any one or more Schools, and such Commis-
sioner shall have the powers of a School Inspector for
•uch purpose. Pending any such investigation, no public
money shall be paid to such School or Schools.
116. In eases where it is provided in this Ordinance that
Forms in the Scliedule annexed hereto are to be used, such
Forms shall be followed as near as may be or as the circum-
stances will admit.
UNION SCHOOLS.
111. To Schools in which the daily average attendance is
not less than sixty pupils, when not less than three Teachers
are employed, and when not less than fifteen pupils, in regu-
lar attendance at any one such School, have passed the ex-
amination prescribed by the Board of Education for entrance
to the High School Branch of such Schools, a grant of $350
in addition to the grants to which the School is otherwise
entitled, may be made annuallj^ to such School for a High
School Teacher, provided the certificates held by such Teacher
are approved by the Board of Education ; provided always,
that m any two adjacent School Districts jointly fulfilling
the above requirements, a " Union School " may be estab-
lished in either District, at the discretion and under the
management of the Trustees of both Districts.
118. The Board of Education shall prescribe a course of
studies for use in the High School Branch of such Schools
and it shall be obligatory on the part of the Trustees of such
Schools to provide suitable accommodation and all necessary
School apparatus for the use of the pupils.
Schools. 477
119. The Board of Education may, under regulations
prescribed by them, authorize the establishment of a Nor-
mal Department in any such Schools , and the Trustees of
any such School shall thereupon establish such Normal
Department.
180. Such Schools shall be known as "Union Schools."
COMPULSORY EDUCATION.
181. In every School District where there are at least
lifteen childr(;n of School age, resident within a radius of
one mile and a half- from the School House, it skall be com-
pulsory for the Trustees of sueh District to keep the School
open the whole year.
183. In every School District where there are at least
ten children of School age, it shall be compulsory for the
Trustees of such District to have their School in operation
at least .six months in every year.
18S. Every parent, guardian or other person, resident in
a School District, baring control of any cliild or children,
between the ages of seven and twelve j'-ears, shall l* re-
quired to send such child or children to School for a period
of at least twelve weeks in each year, at least six weeks of
which time shall be consecutive ; and any parent, guardian
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 pro-
vided by this Ordinance.
184. It shall be the duty of the Trustees of every School
District, or any person authorised by tham, after being
notified that any parent, guardian, or other person, having
control of any child or children, neglects or violates the
the provisions of the next preceding Section, to make com-
plaint of such neglect or violation to a Justice of the Peace,
and it shall be competent for any such Justice of the Peace
to investigate or decide in a summary manner upon any
auch complaint, and to impose a fine not exceeding one
dollar for the first offence, and double that penalty for each
subsequent offence.
478 Schools.
185. It shall be the duty of the Justice of the Peace to
ascertain, as far as may be, the circumstances of any party
complained of for not sending his 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
satisfactory manner ;
(2.) That the child has been prevented from attending
School by sickness, or any unavoidable cause ;
(3.) That there is no JSchool open, which the child can
attend, within such distance, not exceeding two and one
half miles, measured according to the nearest passable road
from the residence of such ciiild ;
(4.) Tliat 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 Sciioel District within which such child
resides ;
(5.) That such parent or guardian was notable, by reason
of poverty, to clothe such child properly, or that such child's
bodily or mental condition has been such as to prevent his
or her attendance at School or application to study for the
period required.
Schools. 479
APPENDIX.
FORM A.
{Fide Sections 23, 27 and 39.)
NOTICE.
AH parties are hereby notified that the undersigned committeo have
petitioned the Lieutenant-Governor for the erection of {give name in full)
School District within the following limits, that is to say {dejine limits)
and the Lieutenant-Governor having approved of said limits, we here-
by call a meeting of the School ratepayers {or in the case uf a petitiun
for the erection of a Separate i^chool 1/istrict, Protestant or Roman Catholic
School Ratepayers, as the case may be) within these limits to decide
whether such petition shall be granted or not, to be held on the
day of at from 12 o'clock noon till 4 p.m. and
to elect three School Trustees. The qualifications of voters is expressed
in the following oath, which persons desiring to vote must take, if
required : — " You do solemnly swear that your name is {mention name
given by proponed voter); that you are a bonajide 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 ; {and in
cafe of a Separate jSWioo/ District); that you are a Protestant or a Roman
Catholic, {as the cane 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 and place."
Of which all persons interested are hereby required to take notice
and govern themselves accordingly.
A. B. j
C. D. j-School Committee.
E. P.J
FORM B.
{Vide Sub-section (2) of Section 48.)
Form of Agreement bbtweex Trustees and Teacher.
We, the undersigned Trustees of {here insert name of School District
fir Separate School District, in full), have chosen who holds a
class Certificate of qualification, to be a Teacher in the
said District ; and we do hereby contract with and employ such Teacher
at therateof perannum (or as th'C'isemaybe), from andafter
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 orsumsfor which we hereby
become bound. And the said Teacher hereby contracts with the
Trustees hereinafter named and tlieir successors in office, and binds
himself to teach and conduct the School of said District {or Separate
School, as the case may be,) according to the provision!! of the School
480 Schools.
Ordinance and the RegulationB of the Board of Education 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 salarj' whatever.
^Trustees.
, Teacher.
Dated this day of , A. D. 18
FORM C.
(Vidf. Section 52.\
Form or Ct)Nt;uBRBNCB in Resignation of Teustbes.
A. B., our colleague, as Trustee of {here insert name of School IHstriet
i)i full), having intimated his desire to us to resign his office as such Trus-
tee, we the undersigned remaining Trustees of said School do hereby
consent to his resignation, as authorized by Section 52 of the School Or-
dinance, such resignation to take effect on the election of his successor
at a meeting of the ratepayers of said School District called by us and
to be held on the day of
18
C D 1
-ip' -c<' V Remaining Trustees.
Dated this day of 18
[Note.] To be given to the retiring Trustee for presentation to the
Chairman of the School meeting called as above.
FORM D.
{Vide Section 63.)
Form of Bond to be given by Treasurer.
Know all men by these presents :
That A. B., Treasurer of {here insert name of School in fvll), C. D., of
andE. T., of
are held and firmly bound unto the Trustees of the said School 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.
Schools. 481
Sealed with om- respective seals, and Dated this
day of 18
The condition of the above Bond or Obligation is such that if the
«bove bounden his heirs, executors, or adminia-
trators, do and shall well, and truly account for and remit all money*
belonging to such Corporation coming into his hands to the Corporation
of the School Trustees of {here imeH name of School District in full) with
out any deduction, defalcation or abatement whatsoever, then the sai^
bond or obligation to be void, otherwise to be, and to remain in full
force and virtue.
Signed, sealed, etc., etc.
FORM E.
(F»d« Sub-section 1 of 63.)
I hereby certify that has this daj,
as Treasurer of (give name and number of School Bisfrict) for the Term
ending day of entered into a Bond
in the sum of dollars, with and
as his sureties, in the sum of dollars each.
J. P.
Dated at this day of
FORM F.
(Vide Section 91.)
I, Treasurer of (give name and No. of District)
do hereby declare as foUows : —
(1.) That the name (or names) of the Teacher (or Teachers) and ths
class (or classes) of Certificate (or Certificates) approved by the Board
of Education held by him (or them) are as foUows : —
Name. Class.
Principal
1st Assistant
2nd do
3rd do
(2.) That the salaries paid such Teachers are as follows : —
Principal $ per month.
1st Assistant $ ,, ,,
2nd do. i „ ,,
3rd do. $ ,. ,,
(3.) That I have examined the School Register (or Begisteri) of the
School of this District and find :
(a.) That the School has been kept open days during the
quarter ending
482
Sohools.
lib.) That the number of pupils in attendanca during the quarter (per
register) was
7c.) That the daily average attendance of pupils during the said
quarter was
'" And i make this declaration consoiantiously believing the same to be '
tkaie, and by Virtue of the "Act Respecting Eitra Judicial Oaths."
Declared before me at"
this
day of 18
J. P'
Tr«a
P.O. Addreai.
FORM O.
(Tide Section 146.)
To all to whom these presents shall come, I
, of , in the North-West Territorio*,
"Treasurer of (here give name of School District) send greeting.
Wlieieas, by virtue of authority vested in me by the School Ordin-
ance I did on the day of in the year of
Qar Lord one thousand eight hundred and , sell by public auction,
tlie land hereinafter mentioned for arrears of taxes and costs and charge!
thereon to , of , in the at
end for the price and sum of lawful money of Canada on
account of the arrears of taxes alleged to be due thereon, up to the
day of
eighty , together with costs.
Now know ye that I, , the said Treasurer in pursuance
of such sale and of the School Ordinance and for the consideration
aforesaid, do hereby grant, bargain and sell unto the said
of in the his heirs and assign*
all that certain parcel and tract of lands and premises, containing
being composed {deseribe the land so that the same can be readUy
identified.)
In Witness whereof I, the said Treasurer, have hereto set my hand
and affixed the corporate lea of the iaid District this the
day of in the year of our Lord,
one thousand eight hundred and
(Signed)
Traaaurer.
(Seal.)
Schools. 483
. FORM H.
(Vide Section W.}
By-Law No.
A By-Law relating to the issue of Debentures of the {give full e«rp«~.
rate name of School District.)
Whereas it is necessary and desirable that the sum of doU»r»
should be borrowed on the security of the {give full name of District,) iat
the purpose of repayable to the bearer, with
Interest at per centum per annum, in equal conuaeu-
tive annual instalments ;
Now, therefore, the Board of Trustees of the said School District)
•nact 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 18 , pursvoat
to the provisions of said Ordinance.
2- That if the said sanction be obtained, and the Lieutenant-GoTci-
nor shall empower, in writing, the said Board of Trustees to borrow
the said sum, pursuant to said Ordinance, then Debentures of the said
District wiU be issued, payable to the Bearer, in
equal consecutive annual instalments, with interest ajt
per centum per annum, and shall be executed by the Chairhian knd one
ftiember of this Board of Trustees.
Done and Passed at
ot this day of A.D. 18
Chairman.
,a \ i-Truste«s.
4H4
Schools.
rOEM I.
(Ttrfe Section 148.)
Public Noticm.
By the Trustees of the (give full Corporate nam* of School IHttrict.)
Whereas it is deemed expedient by the Trustees of the (give full namt
efthe 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 said District,
that a poll will be opened by the undersigned, Chairman of the said
Trustees, at the on the
day of 18 , at the hour of Ten o'clock, a.m., and
trill continue open until Four o'clock, p.m. of the same day, when the
Totes 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
secu'-ity of the said School District as hereinbefore set forth.
The qualification of voters is expressed in the following oath, which
p&rsons desiring to vote, must take, if required :— " I, A B., do solemn-
ly swear that I am a bunajide resident ratepayer of the (name of l^chool '
District) ; that I am of the full age of twenty-one years ; that I am not
»n unenfranchised Indian, that I have not voted before at this election,
and I. have not received any rewaid, either diieotly or indirectly, nor
have I any hope of I eceiving any reward for voting at this time and
place. So help me Gdd "
Of which all persons interested are hereby notified, and are required
to govern tliemselves accordingly.
Ohaiiman.
Dated at
this
'|- Trustee*
day of
18
FORM J.
(Firfe Section 165.)
Jj.^^^^'^^^''i^''M''t''^ "^ ^^^ P^^-^s (o-- ^°^^^ Public, as the case
Pn^ ^ '^v"" ''"?/°'" *^^^T*'^-^^^* Territories, having received the
^f,„ /\^^rn°"^.*^^^°*^'*^^«»**tl^e meeting, held in the
{give namf. of School District in full) on the '
^'hS! .» -i c ^}^ ■ -. 'J" connection with the issue of Debentures
r«UHlffK^°^^''\'^'.^ ?''*""*• *"•! •^"^i^g h«a^d all complaint!
«tfrnof thevors*!- ''^^ ""'^ ^'^"^ *° submit the folfowing
Schools.
is&
Total No. of Votes Taken.
No. of Votes on Each Side
after the Recount.
roR.
AGAINST.
FOR.
AGAINST.
J. p. or N. P.
Dated at
day of
18
4S3
Juries.
CHAPTER 62;
AN ORDINANCE RESPECTING JURIES.
■ QuBlificationa and Eiemptiona, m.
I 1. 2, 3.
I Sheriff to furnish lists of personn
! qualified, s. 4.
j Striking panels for Civil causes,
j S3. 5, 6, 7. ^
! Striking panels for Criminal trials,
i M. 6, %
Summoning Jurors, ss. 10, 11, 12.
Penalty for non-attendance, s. 13.
Mode of lerying penalty, b. 14.
Calling Juries, ss. 16, 16.
Special Juries, ss. 17, 18.
Sheriff's fees, ». 19.
When Ordinance to take effect, %.
20.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, en-
acts as follows :
1. Subject to the exemptions hereinafter mentioned, all
male Briti.sh Subjects over twenty-one and under sixty years
of age, shall be qualified to serve as Jurors in cases tried by
jury in the Judicial District in which they reside.
%. The following persons are exempt from serving sm
jurors :
Ministers of Religion ;
Members of the Legislative Assembly and Ofiicers thereof ;
Members of the North- West Mounted Police ;
Practising Advocates ;
Medical Practitioners;
All salaried officials of the Dominion and North- West
Govern ;ents ;
Licei.^ed Ferrymen and School Teachers, while so em-
ployed ;
AH persons employed in the running of railway trains.
Telegraph Operators, while so employed.
3. No person shall be called upon to serve as a Juror more
than once in two years, unless there shall not be a sufficient
number of qualified persons to serve as Jurors residing with-
in the requisite distance of the place of trial as hereinafter
mentioned.
Juries. 467
4. The Sheriff of each Judicial District, whenever re-
quired so to do by a Judge of the Supreme Court, shall
■furnish the Clerk of the said Court in such Judicial District
with a revised list containing in appropriate columns the
names, residences aiid occupations of all persons within
the said District qualified to serve as Jurors.
5. Whenever an order has lieen made for the trial b;
Jury of issues of fact in any civil cau,se, the . Cler
shall make out from the last revised list of persons
qualified to serve as Jurors in his District a special
list containing the names, residences and occupation*
of all such persons, whose residences do not exceed
twenty miles from the place fixed by the ordei' for
holding such trial, and shall produce the same before the
Judge in Chambers at such time as he may appoint; pro-
vided always, that whenever the number of qualified persons
to serve as Jurors, within the distance aforesaid, is less than
twenty-four, the names of any other qualified persons resid-
ing outside of such distance and nearest to the place of trial
shall be added to the special list so as to bring the number
up to tAventy-four ; but if the number of names on such list
exceeds twenty-four, the Clerk, in the presence of the Juiige,
shall draw from the said list by ballot twenty-four names ;
and the said list, so increased or reduced to twenty-four
names, shall be a special list from which ,the panel to form
the Jury in the case is to be struck as hereinafter pro vi tied.
6. The Judge shall thereupon appoint a day and an hour
at his Chambers for striking the panel, one day's notice
whereof shall be given by the Clerk to the parties inter-
ested.
T. Each party to the suit attending the striking of the
panel shall be entitled to four peremptory challenges, by
striking alternately,. if both parties are present, from the
special list the name of one of the persons therein designat-
ed to the requisite number of four each, the Clerk marking
each name as the same is struck out ; and the Clerk shall
then strike off, from the top and foot alternately of said list,
all unchallenged names, except twelve, which .shall constitute
the panel to be summoned.
8. Whenever for the trial of any person, charged with a,
criminal offence, a Jury is required, the Clerk on receivinj?
488' Juries.
Qotice from the Judge of tlie fact shall prepare a special list
and produce it before the .Judge in Chambi^rs as required in
civil matters.
1
9. On the production of such special list, the Clei'k, in
the presence of the Judge, shall strike off, from such special
list by ballot, the nanios singly, until the number be reduced
to eighteen, which number shall form the Jury panel for the
trial.
10. As soon as the panel is formed in the manner herein
before prescribed, the Clerk shall issue out of Court and
deliver to the party applying for it in civil cases, but to the
Sheriff in criminal cases, a precept in Form A appended to
this Ordinance directed to and commanding the Sh'?ritfto
summon the persons, whose names comprise the panel.
1 1 . Upon receipt of the precept the Sheriff shall execute
the same by summoning the persons named therein ; such
service to be effected by delivering to each person or leaving
with a grown-up niwnber of his household, a reasonable time
before the dat(^ of the ti-ial, a written or printed summons as
in Form B appended to this Ordinance.
i.'i. The Sheriff, on or before the opening of the Court at
the time set for the trial, shall deliver to the ('ourt the pre-
cept with a return sh(jwing his action thereon.
lis. Every person summoned to serve as a Juror, who
fails to obey the summons served on him or to answer to
his name when called by the Clerk, shall be liable to a fine
not ex!:eeding fifty dollars, which may l)e immediately im-
posed by the (3ourt ; provided that the Court may, for good
cause shown r-ednco oi' entirely remit .stich penalty.
14. All tines for non-attendance of .Jui'ors shall, if not
paid forthwith, bo leviwl, toi^rether with the Sheriff's costs
and exp:;n:^es as authorize.l for the execution of civil process,
by warrant of distress issue<l by the Clerk, sealed with the
seal of the Court directed to the Sheiiff, mid sale of the
goods of the party fined , as provided for executing writs of
execution an<l in default of sufficient goods and chattels
such pei-Hon may Xk^ iraprison.Ml for a term not exceedint^
thirty d/iys.
Jivr-ies. 489
15. The name of every person, included in the precept to
the Sheriff and summoned by him as hereinbefore provided,
with his residence ami occupation, shall by the Sheriff be
written distinctly upon a piece of card or paper three inches
in length by one and one half inches in width and the pieces
of card or paper, so written upon, shall be placed in a glass
or box, to be by Idui returned to the Olerk of the Court,
with the return of the precept.
1 6. When the case, in which the precept ' has issued, is
brought on to be tried, the Clerk shall in open Court cause
the caixis or papers to be mixed' up in the said glass or box
and then draw out so many of the said cards or papers, one
after another, until six jurors ai-e drawn, who, after all just
causes for challenging allowed, appear as fair and indiffe-
rent and who shall be the Jury to try the issue.s set for
trial by Jury in the case.
17. When upon the application of either partj' to a civil
cause, the Judge orders the matters in issue to be tried by a
special Jury, the Clerk, under the direction of the Judge, shall
select from the List revised list of Jurors of tlie district, the
names of twenty-four persons, who, from their station and
intelligence, are considered by the Judge qualitied to try the
issues, and the panel shall be struck from such list and
Juiors summoned as hereinbefore provided in the case of a
common Jury.
18. The party, who shall apply for a special Jury, shall
not oxAj pay the fees for striking such Jury, but shall also
pay iill expenses occasioned by the trial of the cause by
such special Jury, and shall not have any other allowajice
for the same upon taxation of ousts than such party would
be entitled to in case the cause had been tried by a common
Jury, unless otlu-rwise ordered by the Judge.
19. There shall be payable to the Sheriff, upon the certi-
ficate of a Judge, out of the General Fund of the Territories,
the sum of rive cents for every nauu' added to the list of
Jurors of his District.
30. This Ordinance shall come into force and rake effect
immediately' from and after the repeal of Sections Se\enty-
one and Eighty-eight of the North-West Territories Act.
490
Juries.
FORM A.
PRICKPT.
In th« Supreme Court n! the North-Weit Territori««.
Judicial District of
ViCTOBiA, by the Grace of God of the Urjited Kiiigdura of Graat
Britain and Ireland, Queen, Defender of the Faith, Ac. &e.
To
the Sheriff of the Judicial District of
Tou are commanded that yon cause to couie
before this Court on , the day of
A.D. 18 , at Ten o'clock in the forenoon,
at in the ' in the laid
Territories, for the trial of
the good and lawful men of the said Territories, whose names and
places oi abode are given in the Schedule hereto anneied.
Given under my hand and the Seal of the said Court, at
in the said Territories, this day of
• A.D., 18
J. S. C.
Schedule referred to in the annexed Precept in tlie cause of the
Queen against
Name of Juror.
Residence.
When and where lerred.
Juries. 491
FOUM B.
FORTH-WBST TBRRITOKIMU
BUUUONS »0B. JUROB*.
T«.
.To
.By Tirtue of a Precept, dated 18 , to m* directsd,
You are hereby required and counnanded to be and appear at
on , the day
of next, at the hour of o'clock in th* hooo,
to serTe n« a Juror in the above named matter.
Herein fail not at your paiil.
•heriCTi OSe*, \
IS i Bhtriff.
492 Abatement of Nuisances, <fee.
No. 2 of 1888.
AN ORDINANCE FOR THE ABATEMENT OF NUIS-
ANCES AND FOR THE PROTECTION OF
PUBLIC HEALTH OUTSIDE MUNICIPALITIES.
[Assented to December 11th, 1888.]
Title, s, 1.
Interpretation " Incorp o rated
,Town,"». 2.
Intrepretation "Nuisance," ». 2,
sub-s.' 1.
Intrepretation " Person, " s. 2, sub-
. 2
Depositing refuse prohibited, s. 3.
Mode of disposal of, s. 4.
Swine, how to be kept, s. 5.
Sink holes to be filled up, s. 6.
Penalty, s. 7.
The Lieutenant-Governor, by and with the advice and
consent of the Legislative Assembly of the Territories, en-
acts as follows :
1. This Ordinance may be cited as "The Unincorporated
Towns' Ordinance."
!3. For the purpo.ses of this Ordinance, the expression
" Unincorporated Town " means any portion of land, not
being within a Municipality, surveyed into building lots, or
any portion of land not exceeding 320 acres, on which not
less than twenty buildings have been erected for residence,
trade, commerce or manufacture.
(2.) The expression " nuisance '' means manure, oifal,
refuse, ordure, or any other matter whatever, prejudicial to
the public health; also excavations, wherein foul matter may
accumulate, or that may be otherwise dangerous to the pub-
lic ; also loose material of any kind that may endanger
property by catching or spreading fire.
(3.) The expression " person " means and includes any
owner or occupant of any building lots, tenements or build-
ings, or any company, or any agent or representative of any
company, having any interest in any building lots, tene-
ments or buildings, or any one being, for the time being,
within any such unincorporated town.
3. In any unincorporated town, no person shall suffer tho
AboUeinent of huiiiances,&c. 493
accumulation upon his premises, or deposit, or perinit the
deposit upon any lot belonging to him, of anything which
may endanger the public health, or deposit upon, on, or into
any. street, square, lane, by-way, lake, pond, bank, river,
stream, sewer or water, any manure, or other refuse, or vege-
table or animal matter, or other filth or nuisance
4. Every householder and every hotel and restaurant
keeper or other person shall dispose of all garbage, for the
disposal of which he is responsible, either by burning the
aame or by placing it in a proper covered receptacle for
swill and house ofl'al, the contents of which shall, between
the 15th day of May and the 1st day of November, be regu-
larly removed at least once a week.
5. Between the 15th day of May and the 1st day of No-
vember, no swine shall be kept within the limits of any un-
incorporated town, except in pens seventy feet distant from
any house, with floors kept free from standing water, and
regularly cleansed and disinfected ; nor shall any swine be
permitted to run at large at any time in any unincorporated
town.
6. Excavations, where foul water accumulates, shall be
filled up, or, when otherwise dangerous, shall be safely cov-
ered over or fenced in.
T. Any person, contravening any of the provisions of this
Ordinance, shall be guilty of an offence, and for each and
every such offence, shall be liable, on summary conviction
before a Justice of the Peace, to a penalty of not more than
ten dollars, together with costs of prosecution.
494 EnroUineni of Thomas u. neat, a* Advocate.
No. 3 of 1888.
AN ORDINANCE TO ENROLL THOMAS CHRIS-
TOPHER WEST AS AN ADVOCATE OF THE
TERRITORIES.
[Assented to December 11th, 1888.]
Whereas, Thomas Christopher West has presented his
petition praying that he be enrolled as an Advocate of th»
Territories ;
And whereas, it is deemed expedient to grant the prayer
of the said petition;
Therefore, be it enacted by the Lieutenant-Governor, by
and with the advice and consent of the Legislative Assembly
©f the Territories, as follows :
The said Thomas Christopher West shall, upon pas-
sing the prescribed examination, and paying the necessary
fees, be enrolled as an Advocate of the Territories.
Registration of E. H. Scott, as Medical Practitioner. 495
No. 4 of 1888.
AN ORDINANCE TO ENABLE ERNEST -HARROLD
SCOTT TO REGISTER AS A MEDICAL
PRACTITIOI^ER OF THE TERRITORIES.
[Assented to December 11th, 1888.]
Whereas, Ernest Harrold Scott has petitioned for the
?sk3sing of an Ordinance to enable him to register under
Ordinance No. 11 of 1885, and to confer upon him all the
benefits and advantages of the said Ordinance ;
And whereas, it is expedient that the prayer of the said
Petitioner be granted ;
Therefore, the Lieutenant Governor, by and with the ad-
vice and consent of the Legislative Assembly of the Terri-
tories, enacts as follows :
1. The said Ernest Harrold Scott shall be, and he is
hereby, on his satisfactorily passing the examination men-
tioned in Sub-section 3 of Section 1, of Ordiiiance No. 11 of
1885, and upon payment by him of the proper fees, as in
said Ordinance mentioned, authorized and empowered to
register under the said Ordinance, and is entitled to all the
advantages and benefits conferred by , the said Ordinance.
496
Mediciirte and Surgery.
No. 5 of 1888.
AN ORDINANCE RESPECTING THE PROFESSION
OF MEDICINE AND SURGERY.
[Assented to] December 11th, 1888.]
Title, s. 1.
Medical profession » body corpor-
ate, powers, 8. 2.
Persons registered, members of,
ss. 3, 4.
Medical Council, s. 5.
QualificatSon of voters at, s. 6.
Who eligible for election, s. 7.
Number necessary to constitute
council, s. 8.
Who to take charge of elections,
8.9.
Voters may rote for five persons,
8. 11.
Mode of voting, s 12.
Scrutiny of votes at first election,
8, 13.
Conduct of subsequent elections,
s. 14.
Council to hold office five years,
s. 15.
Voters may be present at opening
of voting papers, a. 16.
Proceedings when equality of
votes, s. 17.
Fees due medical council to be
paid before voting, exception,
s. 18.
First five names on voting paper
to be counted, s. 19.
Preparation of voters' lists, appeal
from, 88. 20, 21.
Medical Council may make rules
regarding procedure at elections,
8. 22.
Voting papers to be kept, s. 23.
Petition against return of mem-
bers, s. 24.
Council may decide legality, b. 25.
Council to appoint officers annual-
ly, 88. 26, 27.
Vacancies in Council, how filled,
•>. 28.
Meetings of Council, «.]29.
Members to be paid for atten-
dance, s. 30.
Certain persons to be registered
free, s. 31.
Council to appoint registrar, s 32.
Duties of registrar, s. 33.
Who may be registered, s. 34.
Membership fee, s. 35.
Rules as to examinations, s. 36.
Practitioners convicted of felony
to be struck ofi' register, s. 37.
Privileges of registered practition-
ers, ss. 38, 39.
" Medical register " to be kept, s.
40.
Neglect to register, penalty, s. 41.
Practising without registration,
penalty, s. 42.
Falsely pretending to be a physi-
cian, s. 43.
Falsely using a title implying regis-
tration, s. 44.
Unregistered persons not entitled
to recover charges, s 46.
Unregistered persons disqualified
from certain appointments, 8.46.
Certificates of such persons inval-
id, s. 47.
Prosecutions, 's. 48.
Evidence of registration, ss. 49, 50.
Limitation of prosecutions, s. 51.
Stay of proceedings, s. 52.
Application of penalties, s. 54.
Meaning of "legally qualified .
Medical Practitioner," s. 55.
Fee for registration, s. 56.
Council may alter rules, &c., s. 57.
Homcepathic Physicians, s. 58.'
Ordinance Repealed, s. 59.
Medicme and Surgery. -4197
Whereas, it is desirable to regulate the practice of
Meilicine and Surgery in the Territories ; ■
Therefoee, The Lieutenant-Governor, by and with the
advise and consent of the Legislative Assembly of the Terri-
tories, enact as follows :
I . This Ordinance may be cited as "The North-We«t Ter-
ritories' Medical Ordinance, 18X8."
"i. The members of the iredical prof ession shall be a body
corporate under the name of " The College of Physicians and
Surgeons of the North-West Territories," and shall have
perpetual succession, as hereinafter provided, and a common
seal, with power to acquire, hold and dispose of chattel pro-
perty and real estate, for the purposes of this Ordinance,
and to sue and be sued.
3. Every person i-egistered according to the provisions of
Ordinance No. 11, 1885, shall be a member of the -said Col-
lege of Physicians and Surgeons of the North- West Terri-
tories.
4. Every person hereafter registered under the pro-
visions of this Ordinance shall also be a member of the
said College.
5. There shall be a Council of the said College of Phy-
sicians and Surgeons of the North-West Territories, to be
appointed in the manner to be hereinafter provided for in
this Ordinance, and hereinafter referred to as "The Council."
6. The persons entitled to vote at elections of members
of the Council, shall be, as to the first election, the persons
who, at the time of the passing of this Ordinance, are regis-
tered under and in pursuance of the said Ordinance, No,
11 of 1885, and as to subsequent elections, the persons en-
titled to vote at elections for members of the Council, shall
be registered as medical practitioners in pursuance of this
Ordinance.
T. If 0 person shall be eligible to be elected a member of
the Council at the first election, unless he be registered in
pursuance of the said " Ordinance, No. 11 of 1886, and no
498 Medicine uvd t^urgery.
pBi'spn shall be eligible to be elected a member of the Council
at subsequent elections unless he be registered in pursuance
of this Ordinance.
8. The number of persons, to be elected as members forui-
iug the said Council, shall be five,' and the mode of elec-
tion shall be by voting papers, as hereinafter mentioned.
J>. The charge and conduct of the first election shall be
under the management of the Clerk of the Legislative As-
sembly of the North-West Territories for the time being,
and of subsequent elections under the management of the
Registrar of the Council.
10. The first election shall take place on the first Friday
in February, 1889, in the Town of Regina, and subsequent
elections shall be held at such time and place, as may be de-
termined on by the Council.
11. Every person entitled to \-ote ma}- vote for five
persons.
Vi. Such votes shall be given by closed voting papers,
to be mailed to each registered practitioner by Clerk or
Registrar, as the case may be, at least one month prior to
the day of the election, in the form of the first Schedule of
this Ordinance or to the like effect, signed by the voter and
delivered.as to the first election, to the said Clerk of the Legis-
lative Assembly on any day in the month preceding the
day of election and as to subsequent elections to the Regis-
trar of said Council on any of the twenty days preced-
ing the day of election. Any voting papers delivered to the
said Clerk of the Legislative Assembly or Registrar, as the
case may be, by post, during the respective times aforesaid,
shall be deemed delivered to him.
13. The said Clerk of the Legislative Assembly shall, on
the Tuesday following the day of the first election, at the
hour of 12 o'clock, noon, at his office, at the Government
buildings, and in the presence of persons as are regis-
tered, or are entitled to be I'egistered under the said Ordin-
ance, No. 11 of 1885, as choose to attend, scrutinize and
count the votes, and keep a record thereof.
Medicine and Surgery. 499
1 4. In respect of every subsequent election, the members,
for the time being, of the Oouacil shall appoint two persons,
who, together with the Registrar of the Council, shall act as
scrutineers at the election. On the day succeeding the day
of election, the voting papors shall be opened by the Regis-
trar, in th h presence of the other scrutineers, who shall
scrutinize and couat the vote-), aui keep a record thereof in
a proper book, to, be provided by the said Coancii.
1 5. The five persons, who have the highest number of
votes at the first election, shall hold office for one year ; and
those elected at all subsequent elections shall be the mem-
bers of the Council for the two years following the date of
such election and until their successors are appointed.
I (». Any person, entitled to vote at any election, shall be
I'utitled to be present at the opening of the voting papers at
such election.
I H. In case of an equality of votes between two or more
persons, which leaves the election of one or more of the
raombers of the Council undecided, then, as to the first election,
the Clerk of the Legislative Assembly, and as to subsequent
elections, the scrutineers, sliall forthwith put into a ballot
bo.K a number of papers, with the names of the candidates
liaviug such equality of votes written thereon, one for each
candidate, and the Clerk of the Legislative Assembly as to the
first election, and the Registrar of the Council, in the pre-
sence of the scrutineers, as to subsequent elections, shall
draw l)y chance from such ballot box one or more of such
ballot papers, sufficient to make up the required number,
and t!ie pcrson.s, whose nami;s are upon such papers, so
drawn, sh-.ill be such members.
18. Xo person shall be entitled to vote at any election,
other than the first, unless all his fees to the Council shall
have been paid. No person shall be eligible for election
unless qualified to \ote at such election, and any votes cast
for j,ny person, who is ineligible to be elected a member, shall
be null and void, and the election shall be declared as if such
votes had not been cast.
10. In the event of any person placing more than
five names on his voting paper, the first five shall be
500 Medicine and Surgery.
taken, notwithstanding any of such live so named shall
be ineligible for any election for any cause whatever.
20. The Clerk of the Legislative Assembly, as to the
first election, and the Registrar of the Council, as to subse-
quent elections, shall, one month prior to the day on which
the election is held, make out an alphabetical list or register
of the medical jjractitioners, who are entitled to vote at the
election there about to be held, and such register may then
be examined at all reasonable|timcs. In case any medical
practitioner entitled to vote by[this Oidinance complains to
the Clerk of the Legislative Assembly or to the Registrar of
the Council, as the case may be, in writing, of the improper
omission or insertion of any name in the said list, it shall be
the duty of the Clerk of the Legislative Assembly, or Regis-
trar of the Council, forthwith to examine into the complaint,
and rectify such error if any there be ; and in case any per-
son is dissatisfied with the decision of the Clerk of the Legis-
lative Assembly or Registrar of Council, he may appeal to a
Judge of the Supreme Court in a summary way, and the
decision of such Judge shall be final, and such list shall
remain or be altered in accordance with such decision.
31. The list or register so made out shall be held to be
the register of persons entitled to vote at the next election,
and no person shall be sntitled to vote, whose name is not
upon such register.
33. The Members of the Council may, as to elections
ooher than the first, make such regulations as they consider
expedient, not contrary to the provisions of this Ordinance,
for regulating the procedure under this Ordinance.
33. The voting papers belonging to any election shall
not be desti'oyed until after all petitions, in respect to such
election, have been decided, but the same, together with all
other papers, in connection with the election, shall be retain-
ed by the Clerk of the Legislative Assembly, or Registrar,
as the case may be.
34. No petition against the return of any Member shall
be entertained, unless such petition be filed, as to the first
election, with the Clerk of the Legislative Assembly, and as to
subsequent elections with the Registrar of the Council, within
Medicine and Surgery. 501
sixty days after the election, and shall contain a statement
of the grounds on which such election is disputed, and un-
less a copy of such petition is served upon the Member,
•whose election is disputed within sixty days of the date of
election.
?J5. In case of any doubt, or dispute, as to the legality of
the election of any Member of the Council, it shall be law-
ful for the Council to hold an inquiry, and decide who is
the legally elected Member of the Council ; and the person
whom they decide to have been elected shall be, and be
deemed to be, the Member legally elected ; and if the election
is found to be illegal, the Council shall have power to order
a new election.
36. The Council shall annually appoint a President,
Vice-President, Registrar, Treasurer and such other officers
as may from time to time be necessary for the working of
this Ordinance, who shall hold office during the pleasure of
the Council ; and the said Council shall have power to fix by
by-law, or from timeto time, the salaries or fees to bs paid
to such officers, an I to the Board of Examiners hereinafter
appointed.
3T. The Council shall appoint annuallyt from among' its
members, an " Executive Committee," to take cognizance of,
and action upon, all such matters as may be delegated to it
by the Council, or as may require immediate interference
or attention between the adjournment of the Council and
its next meeting ; and all such acts shall be valid only till
the next ensuing meeting of the Council ; but the Commit-
tee shall ha.ve no power to alter, repeal or suspend any by-
law of the Council.
'4St In the case of the failure in any instance to elect the
requisite number of duly qualified Members of the Council,
or in the case of any vacancy caused by the death or resig-
nation of any Member of the Council, or by any other
cause, then it shall be the duty of the remaining Members
to supply the deficiency by appointing to such vacant place
or places, as the same may occur, any person or persons duly
qualified, according to the provisions of this Ordinance, to
be elected as a Member or Members of the Council.
502 Medicine and Surgery.
39. The first meeting of the Council shall be held at
the Town of Regina at such time, as may he agreed
upon by the majority of the Members elected.
(1.) The Council may .make such rules and regula-
tions at its first meeting as to the times aad places of the
future meetings of the Council, and the mode of summoning
the same, as to the Council seems expedient ; which rules
and regulations shall remain in force till altered at any sub-
sequent meeting ; and in the absence of any rule or regula-
tion as to summonincr meetino;s of the Council, it shall be
lawful for the Pre-jident thereof, or in the event of his ab-
sence or death, for the Registrar to summon the same at
such time and place, as to him seems fit, by circular letter to
be mailed to each Member.
(2.) In the event of the absence of the President
from any meeting, the Vice-President, or in his absence,
some other Member, to be chosen from among the Members
present, 'shall act as President.
(3.) All acts of the Council shall be decided by the
majority of the Members present, not being less than three
in number.
(4.) At all meetings the President for the time being
shall have a casting vote. ,
30. There shall be paid to Members of the Council such
fees for attendance, and such reasonable travelling expenses
as may from time to time be fixed by by-law passed by the
said Council.
3 1 . Every person, who is now registered under the pro-
visions of the said Ordinance, No. 11 of 1885, shall be
entitled to be registered under this Ordinance, without pay-
ment of any fee whatever.
32. The Council .shall cause to be kept by an officer ap-
pointed by them, and to be called the " Registrar," a book
or register, in which shall be entered the name of every per-
son registered according to the provisions of this Ordinance,
and from time to time the names of all persons who have com-
plied with the enactments hereinafter contained, and with the
rules and regulations made, or to be made, by the Council
respecting the qualifications to be required from practition-
ers of Medicine or Surgery in the Territories, and
those persons only, whose names are inscribed in the
Medicine and Surgery. o03
book or i-tiglscer above mentioned, shall bo- deemid to be
qualified ami licensed to practise Medicine or Surgery in the
said Territories, except as hereinafter provided, and such
book or register shall at all timc^ be open atid subject to in-
spection by any person.
355. It shall bj the duty of the Rigistrar to keep his
register correct inaccordance with the provisions of this Or-
dinance, and the rules, orders and regulations of the Councii,
and he shall from timo to tim; make the necessary altera-
tions in th'i addresses or qaalificH,tLons of th^ psrs )n3 re^^ls-
tered under this (Drdinance, and r,he said Rjgis.var shall
perform such other duties, as may bj imp is id upoa liim by
the Council.
34. The Council shall admit upon the r^^ister :
('(.) Any person, who shall produce from any College or
School of Medicine and Surgery, requiring a four yeans'
course of study, a diploma of qualification; provided, also, that
the applicant shall furnish to the C )uncil satisfactory evi'l-
ence of identification and pass before the ra'.nnbers thereof if
deemed necessary, or such examiners as may be appointed
for the purpose, a satisfactory examination touching his
fitness and capacity to practice as a physician and surgeon...
(b.) The Council shall admit upon the register any mem-
ber of any incorporated College of Physicians and Surgeoas
of any Province of the Dominion of CanadfV, or any membsr
of any other incorporated body of medical men in Canada
exercising powers similar to those conferred by this Ordin-
ance upon the College of Physicians and Surgeons of the
North-West Territories, or any one possessing sueh qualifi-
cations entitling him to be registered as a member of any
College of Phy.sicians and Surgeons of any Province of the
Dominion of Canada.
35. Each member shall pay to the Registrar, or to any
person deputed by the Registrar to receive it, such annual
fee as may be determined by by-law of the Council, not being
less than $1.00, nor more than $2.00, towards the general ex-
peh.ses of the College, which last mentioned fee shall be pay-
able on the first day of .January in each year; and such
fee shall be deemed to be a debt due by each member of the
College, and shall be recoverable, with the co?ts of suit, in
the name of the College of Physicians and Surgeons of the'
iOi Medicine and Sv/rgery.
North-West Territories, in the District Court in which the
member resides.
3C. The members of the Council shall, from time to time,
as occasion may require, make orders, regulations or by-laws
foi- regulating the register to be kept binder this Ordinance,
and shall from time to time make rules and regulations for
the guidance of the examiners, and may prescribe the sub-
jects and modes of examination, and general!}' make all
such rules and regulations in respect of examinations, not
contrary to the provisions of this Ordinance, as they may
deem expedient and necessary.
St. Any registered medical practitiGner,who has been con-
victed of any felony in any Court, shall thereby forfeit his
right to registration and by direction of 'the CounciF his
name shall be erased from the register ; or, in case a person
known to have been convicted of felony presents himself for
registration, the registi-ar shall have power to refuse su(A
registration.
38. Every person registered under the provisions of this
Ordinance shall be entitled to practice Medicine and Surgery,
including Midwifery, or any one of them, as the case may be,
in the Territories, and to demand and recover in any
Court in the said Territories, with full costs of suit,
reasonable charges for professional aid, advice and visits,
and the cost of any medicine or surgical appliances rendered
or supplied by him to his patients.
39. No duly registered member of the College of Physi-
cians and Surgeons of the North- West Territories shall be
liable to any action for negligence or malpf'actice, by-rfeftsoa
of professional services requested or rendered, unless such
action be commenced within one year from the date when,
in the matter complained of, such professional services ter-
minated.
40. The Registrar of the Council shall from time to time,
under direction of the Council, cause to be printed and pub-
lished a correct register of the names in alphabetical order,
according to the surnames, with the respective residences, in
the form set forth in the second schedule of this Ordinance,
or to the like effect, together with the medical titles, diplomas
Medicine and Surgery. 505
and qualifications, conferred by -Any College or Body, of all
persons appearing on the register as existing on the day of
publication, and such register shall be called the " North-
West Territories' Medical Register," and a copy of the regis-
ter for the time being, purporting to be so printed and pub-
lished as aforesaid, shall be prima facie evidence in all
Territorial Courts, and before all Justices of the Peace, and
all others, that the persons therein specified are registered
according to the provisions of this Ordinance and subject to
the provisions of sub-section one of this Section; the absence
• of the name of any person from such copy shall be privxa facie
evidence that such person is not registered according to the
provisions of this Ordinance.
(1.) In the case of any- person, whose name does not ap-
pear in such copy, a certified copy, under the hand of the
Registrar of the Council, of the entry of the name of such
person on the register shall be evidence that such person is
registered under this Ordinance.
OFFENCES AND PENALTIES.
4 1 . Any person entitled to be registered under this Or-
dinance, but who neglects, or omits to be so registered, shall
not be entitled to any of the rights or privileges conferred
by registration under the provisions of this Ordinance, so
long as such neglect or omission continues, and he shall be
liable to all the penalties imposed by this Ordinance or any
other Ordinance in force against unqualified or unregistered
practitioners.
43. It shall not be lawful for any person, not registered,
tO'practice Medicine or Suifgery for hire, or hope of reward;
and if any person, not registered pursuant to this Ordinance,
for hire, gain, or hope of reward, practices or professes to prac-
tice Medicine or Surgery, he shall, upon a summary convic-
tion thereof before any Justice of the Peace, for any and
every such offence, pay a penalty not exceeding one hun-
dred dollars.
43. Any person.who wilfully, or falsely, pretends to be a
Physician, Doctor of Medicine, Surgeon, or general Practi-
tioner, or assumes any title, addition or description other
than he actually possesses and is legally entitled to, shall be
506 Medicine and Surgery.
liable, on convicbion thereof before a Justice of the Peace, to
a penalty not exceeding fifty dollars, nor less than ten 'lol-
lars.
44. Any person not registered pursuant to this Ordin-
ance who takes or uses any name, title, addition or descrip-
tion, implying or calculated to lead people to infer that he is
registered under this Ordinance, or that he is recognized by
Law as a Physician, Surgeon, or a Licentiate in Medicine or
Surgery, shall be liable, upon a summary conviction thereof
before any Justice of the Peace, to pay any penalty not-
exceeding one hundred dollars, nor le^3s than twenty -five
dollars.
45. No person shall be entitled to recover any charge in
any Court of Law for any medical or surgical advice, or for
attendance, or for the performance of any operation, or for
any medicine, which he may have prescribed, unle.ss he is
ree:istered under this Ordinance.
46. No person shall be appointed as Medical Officer,
Physician, or Surgeon, in any branch of the public service of
these Territories, or in any hospital or other charitable .in-
stitution not supported wholly by voluntary contributions,
unless he is registered under the pi'cjvisions of this Ordin-
ance.
41. No certificate required by any (Ordinance in'foree, or
that may hereafter be passed, from any Physician or Surgeon
or Medical Practitioner, sliall be valid, unless the person sign-
ing the same is registered rnider this Ordinance:
48. Any prosecutions under this Ordinance may bebrought
or heard before any one, or more, of Her Majesty's Justices of
the Peace having jurisdiction, where any such offence Inu)
been committed ; and such Justice or Justices may award
payment of costs in addition to the penalty ; and in
case the penalty and costs awarded by him, or them, are not,
upon conviction, forthwith paid, may commit the offender
tj the Common Gaol, there to be imprisoned for any term
not exceeding one month, unless the penalty and costs are
sooner paid.
49. In any prosecution under this Ordinance, the burden
Medicine and Surgery. 507
of proof as to registration shall be upon the person charged.
50. In all cases, where proof of registration under this
Ordinance is required to be made, the production of a print-
ed or othercopy of the register, certified under the handof the
Registrar of the Council, for the time being, shall be suffici-
ent evidence of all persons, in lieu of the production of the
original register ; and any certificate upon such printed or
other copy of the register, purporting to be signed by any
person in his capacity of Registrar of the Council under this
Ordinance, shall be prima facie evidence that such person
is such Registrar, without any proof of his signature or of his
being in fact such Registrar.
51. Every prosecution under this Ordinance shall be com-
menced within six months from the date of the alleged offence.
53. The Council, by an order signed by the President,
having the seal of the Council appended thereto, may stay
proceedings in any prosecutions under this Ordinance, where
it is deemed expedient.
53. Any person may be prosecutor or complainant under
this Ordinance.
54. All moneys forming part of the Council funds shall
be paid to the Treasurer, and may be applied to carry this
Ordinance into execution.
55. The words " legally qualified Medical Practitioner,"
or " duly qualified Medical Practitioner," or any other "words
implying legal i-ecognition of any pei'son as a medical prac-
titioner, or member of the medical profession, when used in
any Ordinance or Law shall, in so far as such Ordinance or
Law applies to these Territories, be construed to mean a
person registered under this Ordinance.
56. The fee for registration under this Ordinance shall
be twenty dollars.
t'
5T. The members of the Council may, from time to time,
make, alter or amend and repeal rules and regulations for
the well-being and discipline of the Council, the conduct of
its affairs, and the promotion of medical and surgical know-
608 Medwinv. and Surgery.
ledge, and th« disposition of tiie funds of the Council, pro-
vided sucli rules and regulations be not repuj^nant to the
provisions of this Ordinance.
58. Homoepftthic physicians may be registered under this
Ordinance, on complying with the torm.s mentioned in Sec-
tion 34.
59. From and after the last Monday in the month of
February, 1889, the .said Ordinance, No. Jl of ISHo, shall
stand repealed.
Medicine and Surgery. 509
FIRST SCHEDULE.
North- West Territories Medical Act.
Voting Paper.
For Annual Election, 18
I, John James Brown,, a registered medical practitioner,
vote for the live persons hereinafter named to form the
members of the Medical Council of the North- West Terri-
tories :
1. George Courtney, Banff.
2. William Jenner, Calgary.
3. Thomas Morgan, Regina.
4. John Mitchell, Moosejaw.
0. Francis Jones, Qu'Appelle.
And I declare that I am entitled to vote at this election, and
am not in default in payment of my fees to the Council.
Dated, April, 18
John James Brown.
Witness :
Horace Young.
Second Schedule.
A. B.
i
F.
G. H.
BB8IDENCB.
Banff
Calgary
Regina
Qu'AppeUe.
QUALIFICATION.
M.A., M.D., Toronto Unir.
M. D. , Glasgow, Scotland.
L.S.A., London, England.
M.D., New York, U.S.
510 Ber/isf.ration of Births, Marriages and Deaths.
No. 6 of 1888.
AN ORDINANCE RESPECTING THE REGISTRA-
TION OF BIRTHS, MARRIAGES AND DEATHS.
[Assented io December Mth, 1888.]
Interpretation "occupier," s. 1.
Registrar-General to be appointed,
.s. 2.
Electoral Districts to be registra-
tion divisions, s. 3.
Forms to be procured foi" Division
Registrars, s. 4.
Duties of Division Registrars, s. 5.
Clergymen to keep record of bap-
tisms and marriages, s. 6.
Notice of birch to be given Divi-
sion Registrar, s. V.
Registration of birthof illegitimate
children, s. 8.
N"o birth registered after two years
— exception, s. 10.
Changing registered name of child,
s. 11.
Clergymen to keep marriage regis-
ter, s. 12.
Particulars of death to be furnished
Division Registrar, s. 13.
Certificate to be given by Division
Registrar, s. 14.
Ministers to make returns of
deaths, s. 15.
Medical practitioner to furnish cer-
tificate of death, s. 16.
No registration after two years
from death — exception, s. 17.
Caretaker of cemetery, or when no
certificate produced, to give no-
tice to Division Registrar, s. 18.
Error in registration, s. 19.
Returns to be bound and indexed,
s. 20.
All persons may search Registrar-
G-eneral's books, s. 21.
Registrar-General to make annual
report, s. 22.
Lieut. -Governor - in- Council may
make rules, s. 23.
Refusal to report births, marriages
and deaths, s. 24.
Fees to Division Registrars, s. 25.
Ordinance to take efl'ect April '1,
1889, s. 26.
The Lieutenant-Govern(jr, hy and with the' advice and
consent of the Legislative Assembly of the Torritories,
enacts as follows ;
1. The term " occupier," used in Sections 7 and 13 of
this Ordinance, shall be construed to include the Master, Gov-
ernor, Keeper, Warden or Superintendent of a gaol, prison,
penitentiary, lunatic asylum, poor asylum, hospital or other
public or private charitable institution.
H. For the purposes of this Ordinance the Lieutenant-
Governor, in Council, shall appoint a Registrar-General.
3. For the purposes of this Ordinance every Electoral
District shall be a Registration Division and the Registrar
Registration of Births, Marriages and Deaths. 511
of such Division shall be appointed by the Lieutenant-Gov-
ernor, in Council.
4. The Registrar- General shall procure the necessary-
forms for the Division Registrars, and the same shall be
prepared according to Schedules A, B and C, appended to
this Ordinance, with such additional columns, as may from
time to time be added thereto by the Lieutenant-Gov-
ernor, in Council, in order to the procurement of cor-
rect statistical information ; and he shall distribute the same
to the several Division Registrars, and the costs and ex-
penses of such forms, and the expenses attendant upon
the distribution thereof, sliall be paid out of the General
Revenue Fund of the Territories.
5. Every Division Registrar shall receive the forms sent
by the Registrar-General, and keep the same in a place of
safety ; make all entries therein as hereinafter required in
this Ordinance ; and shall, on or before the fifteenth days of
January and July in each and every year, make returns to
the Registrar-General of the forms containing the original
entries, certified under his hand, of the births, mai-riage.s
and deaths of the previous six months.
6. Every clergyman, teacher, minister, or other person
authorized by law to baptize, marry, or perform the funeral
service in the Territories, shall keep a registry
shewing the persons, whom he has baptized oi' married, or
who have died within his cure and belonging to his congre-
gation.
1. The father of any child born in the Territories, or
in case of his death or absence, the mother, or in case of the
death or inability of both parents, any person standing in
the place of the parents, or if there is no such person, then
the occupier of the house, or tenement, in which to his
knowledge the child was born, or the nurse present at the
birth, shall, within thirty days from the date of the birth,
give notice thereof to the Registrar of the Division, in
which the child was born, giving as far as possible the par-
ticulars required in Schedule A, with such additional in-
formation, as may be required by the Registrar-General
from time to time, which particulars shall be entered by the
Division Registrar in his book.
612 liegistrtiona of Bvrths, Marriages a'nd Deaths.
8. In registering the birth of an illegitimate child, it shall
not be lawful for the name of any person to be entered as
the father, unless at the joint request of the mother and of
the person acknowledging himself to be the father; and in
all cases of the regist)ation of the birth of illegitimate chil-
dren, the Division Registrar shall write the word "Illegiti-
mate " in the column set apart for the name of the child,
and immediately under the name, if any.
9. Every registration of a birth shall be made within the
time aforesaid ; but nothing herein contained shall prevent
the subsequent registration of such birth within the period
of two years.
10. At the expiration of two years next after the birth
of a child, the birth shall not be registered except with the
written authority of the Registrar- General, and the fact of
such authority having been given shall be entered in the
column set apart for remarks in schedule A of thisOrdinance.
11. When the birth of any child has been registered,
and the name, if any, by which it was registered, has been
altered, or if it was registered without a name, when a
name is given it, the parent or guardian of the child or
other person procuring the name to be altered or given,
may, within two years next after the registration of the
birth, deliver to the Registrar- General a certificate signed
by the minister or person, who performed the rite of baptism
upon which the name was given or altered, or if the child is
not baptized, signed by the father, mother or guardian of
the child, or other person procuring the name of the person
to be given or altered, and the Registrar- General shall upon
receipt of the certificate make the necessary alteration in
the margin of the schedule containing the original entry
without making any alteration in the entry.
1 3. Every clergyman, minister or other person, autho-
ized by Law to celebrate marriages, shall be required to
report every marriage he celebrates to the Registrar of the
Division, within which the marriage is celebrated, within
ninety days from the date of the marriage, with the particu-
lars required by Schedule B, of this Ordinance, and
in order to better enable the clergyman, minister or other per-
son to make the report as aforesaid, he shall be furnished by
Registration of Birth a, Marnayen and Deaths. , 613
the Division Registrar of the Division, in -which he resides,
with blank forms containing the particulars required hv
Schedule B.
1 3. The occupier of the house or tenement, in which a
death takes place, or if the occupier be the person who has
died, then some one of the persons residing in the house in
which the death took place, or if the death has not taken
place within a house, then any person present at the death
or liaving any knowledge of the circumstances attending
the same, or the Coroner attending any inquest held on
such person, shall, before the interment of the body, supply
to the Division Registrar of the Division, in which the
death took place, according to his or her knowledge or be-
lief, all the particulars required to be registered touching
such death, by the form provided liy this Ordinance.
14. Every Division Registrar shall, immediately upon
registering any death, or as soon thereafter as he is required',
so to do, without fee or reward, deliver to any person, re-
quiring the same for the purpose of burial, a certificate
according to the form of Schedule D of this Ordinance that
the particulars of such death have been duly registered.
1 5. Every minister or other person, who buries or per-
forms any funeral or religious service for the burial of any
dead body, unless he has received a certificate under the
hand of the Registiar of the Division, in which the death
took place, according to the Schedule D to this Ordinance
annexed, that the particulars of the death have been duly
registered, shall make a return of the deaths, according to
Schedule C to this Ordinance annexed, to the Registrar of
the Division, in which the death took place, within seven
days after the burial, unless within the time aforesaid
the minister or other person gives to the Registrar a
written notice under his hand stating according to his
knowledge, information and belief, the name and res-
idence of the deceased, and the date and place at which the
burial took place, or at which the service was performed,
either without or with any of the other particulars men-
tioned in said Schedule C.
16. Every duly qualified medical practitioner, who was
last in attendance during the last illness of any person, shall,
Missing Page
Missing Page
616 Registration of Births, Marriages and Deaths.
prosecution shall be commenced within two years after the
time allowed for reporting the birth, marriage, death or
burial.
35. Every Division Registrar appointed under this
Ordinance shall receive annually a fee of ten cents for
each birth, marriage and death registered by him under the
provisions of this Ordinance, upon receiving from the Regis-
trar-General a certificate of the number of registrations
made by such Registrar, said fees to be paid out of the
General Revenue Fund of the Territories.
30. The provisions of this Ordinance shall come into
force on the First day of April, 1889.
ICegisiration of Births ^ Marriages and Deaths. 517
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520 SegistraMon of Births, Na/rriages and Deaths.
of
of
SCHEDULE D.
( yide Sections 14, 15.)
, Division Registrar of the Electoral District
do hereby certify that the particulars of the death
have been duly registered.
Division Registrar's Office,
day of
18
(Signature.)
SCHEDULE E.
(Vide Section 16.)
CAUSE OF DEATH.
Electoral District of
Name and Surnamej
of deceased. I Sex.
j Rank or
Residence . | profession
Duration
of illness.
Cause of
death.
'1 hereby certify the foregoing to be a true and correct certificate
•f the cause of the death of the person therein named.
Given under my hand this
day of
18
M.D.
To Amend Ordinance No. -5 of 1888, 521
No. 7 of 1888.
AN ORDINANCE TO AMEND ORDINANCE No. 5
OF 1888, INTITULED "AN ORDINANCE RES-
PECTING THE PROFESSION OF MEDICINE
AND SURGERY."
[Assented to Deemiber 11th, 1888.]
Be it enacted by the Lieutenant-Governor, by and with
the advice and consent of the Legislative Assembly of the
Territories, as follows :
1. Section numbered fifty-nine of Ordinance No. 5 of
1888, intituled "An Ordinance respecting the Profession of
Medicine and Surgery," is hereby repealed, and the follow-
ing substituted therefor : " This Ordinance shall come into
force and effect on, from and after the first day of March,
A.D. 1889."
622 Supplies.
No. 8 of 1888.
A'N ORDINANCE FOR GRANTING TO HER
MAJESTY CERTAIN SUMS OF MONEY TO
DEFRAY THE EXPENSES OF THE PUBLIC
SERVICE OF THE TERRITORIES FOR THE
FINANCIAL YEAR ENDING 30TH JUNE, ONE
THOUSAND EIGHT HUNDRED AND EIGHTY-
NINE, AND FOR OTHER PURPOSES RELATING
THERETO.
[Aticided to December 11th, 1888.]
Most Grac:ious Sovereign :
Whereas it appears by message from His Honor
Joseph Royal, the Lieutenant-Governor, of the North- West
Territories, and the estimates accompanying the same, that
the sums hereinafter mentioned in the Schedule to this
Ordinance, are required to defray certain expenses of the
public service of the Territories, and for other purposes
relating thereto, for the financial year ending 30th June,
one thousand eight hundred and eighty-nine ; May it
therefore please Your Majesty that it may be enacted, and
it is hereby enacted by the Lieutenant-Governor, by and
with the advice and consent of the Legislative Assembly of
the Territories, as follows : —
(1.) From and out of the fund at the disposal of the
North- West Government, there shall and may be paid and
applied a sum (not exceeding iii the whole) One Hundred
and five thousand four hundred and eighty-four dollars
and ninety cents for defraying the several charges and
expenses of the public service of the Territories for the
financial year ending 30th June, one thousand eight hundred
and eighty-nine, as set forth in the Schedule to this
Ordinance ;
(2.) The due application of all moneys expended under
this Ordinance shall be accounted for to Her Majesty.
Supplies. 523
SCHEDULE.
Sums granted to Her Majesty, hy this Ordinance, for
the financial year ending SOth ■ June, one thousand eight
hundred and eighty-nine, and the purposes for which they
are granted.
To defray the expenses of the Government of the North-
West Territories for the ten months ending the 30th J nne,
1 889, as follows : —
Schools $ 51270 75
Stationery, Telegrams, Postage and Telephone . . 570 U4
Cost of Elections , l;)73 85
Clerical Assistance. . ... ... . 41257 (i5
Messengers and Caretakers . .... 1060 00
Miscellaneous Justice. 4945 99
Services of Legal Adviser 750 00
Maintenance of Insane Patients. . . . . . . 2500 91
Printing and Advertising •4144 89
Newspapers and Books for Library 12754 5
Travelling Expenses 2030 92
Light and Fuel for Government Offices and
Council Chamber 282 92
Services of Veterinary-Surgeons in cases of
Glandered horses
Registration of Marriage Certificates
Books for Supreme Court
Sherifis' fees for summoning Jury
Security Books (Public Offices) .
Salary of Queen's Printer
A. E. Forget, Services as Queen's Printer for 2
}'ears and 4 months, at $300 per annum .
Crown Prosecutors in Liquor Cases
Prairie Fire Prosecutions
Henry LeJeune, Auditing Public Accounts, 1888
Salary of Accountant
Vital Statistics ,
Engineering, Inspecting, etc 1500 00
Repairs to Bridges, etc 1500 00
Outstanding Claims 2600 00
Aid to Districts 19800 00
Contingencies 1533 93
$105484 90
400
.00
87
00
200
00
200
00
50
00
200
00
700
00
800
00
500
00
100
00
550
00
300
00
524 Index.
INDEX.
Tke Numerals refer to Pages.
Abatement of Nuisances 492
Accident, Compensation to Families of Persons killed by 300
Action, Choses in 293
Actions, Limitation of 302
Advocates 257
Agricultural Societies '. 178
Amendment of Ordinance No. 5 of 1888 : 521
Animals, Herding of 144
Animals, Infectious Diseases of domestic _. 165
Animals, Straying of 153
Appointment of Constables 261
Assignments, preferential 292
Auctioneers 252
Billiard Tables 253 .
Births, Marriages, Deaths, Registration of 510
Boarding House »iiA Hotel Keepers 237
Brands 171
Bulls 158
I 'emeteries, establishment of 183
Chattels, re orders for ' 296
Children, Indig«it, relief of 242
Chimneys, construction of 241
Choses in Action 293
Civil Justice, Administration of 309
Companies, Incorporation of Joint, Stock 207
Compensations, To the families of persons killed by accident .... 300
Congregations, holding of lands in trust for 246
Constables, Appointment of 261
Contagious, infectious and — diseases of Domestic Animals 165
Controverted Elections 38
Costs, To regulate costs of distress for rent and extra judicial
seizure 296
Deaths, Births, Marriages, Registration of 510
Diseases, infectious and contagious — of Domestic Animals 165
Diseases, infectious 40
Distress for Interest, On Mortgages 298
Distress for Rent, Costs of 296
Districts, Fire 140
Districts, Statute Labor and Fire 130
Drugs, Sale of 194
Elections, controverted 38
Enrollment of T. C. West as Advocate 494
Exemptions from Seizure 264
Expenditure, Revenue 27
Fees in summary trials 260
Index. 52.')
Fences
Ferries |°X
Fire and Statute Labor Districts . . 130
Fire districts 140
Fires, Prairie and Forest 174
Forest Fires . ^^
Oamblinj 053
Game, Protection of igO
Gaming Tables 253
Guardians, Fire lirg
Hawkers 9g2
Health, Public, Protection of 492
Herding of animals 14^
Hire Receipts 295
Horses and Cattle, Driving Ofl' Ig4
Hotels and boarding house Keepers 237
Incorporation of Companies — Cemeteries ,...■. 183
Incorporation, Joint Stock Companies 207
Indigent children, relief of 242
Infectious Diseases, 40
Infectious Diseases, of domestic animals 165
Insane Persons 43
Interest, re Distress for interest on Mortgages 298
Interpretation Ordinance 15
Joint Stock Companies 207
Jury 486
Justice Civil, Administration of 309
Justices of the Peace, Returns by 262
Keepers, Hotel and boarding house 237
J Labor.' re Statute and Fire — Districts 130
Lands in Trust, Holding — for religious societies 246
Legal Profession 257
Licensing, billiard tables, etc 253
Liens, establishing— in favor of mechanics, etc 281
Limitation of Actions 302
Livery Stables 239
Lord's Day, To prevent the profanation of the 255
Marriages 202
Marriages, Births, Deaths, Registration of 510
Masters and Servants 250
Mechanics, To establish liens in favor of 281
Medicines, sale of 194
Medicine and Surgery ' 496
.Mortgages and Sale of Personal Property 272
Mortgages, re distress for interest on 298
Municipal, respecting Municipalities 46
Notaries PubKc 256
Notes, re Receipt 295
Noxious Weeds 176
Nuisances, Abatement of 492
Ordinance Interpretation 14
Ordinances, Respecting Revised 5
Ordinance No. 5 of 1888 amended 521
Partnership 266
526 Index.
Pedlers p52
Personal Property, sale of "'^
Poisons 1^^
Pollution, To prevent the — of running streams I'V
Prairie and Forest Fires 1' *
Preferential Assignments 292
Prevention of Gambling 253
frinting, Public 25
Property, Personal, sale of 272
Propertjf , Real, Held by two or more persons 299
Public Officers, Security to be given by 29
Public Printing 25
Real Property, Held by two or more persons 299
Receipt Notes 295
Registration of Births, Marriages and Deaths . ., 510
Registration of E. H. Scott, as Medical Practitioner 495
Relief, Of indigent children 242
Religious Societies, re Holding lands in trust for 246
Returns, by Justices of the Peace 262
Revenue and Expenditure, respecting 27
Revised Ordinances, Respecting 5
Schools 429
Scott, E. H., Registration of, as Medical Practitioner 495
Security, to be given by public officers 29
Seizure, Exemption from 264
Servants, Masters and 250
Sheep, protection of 162
Sheriff ; 303
Societies, Agricultural 178
Stables, Livery, Boarding and Sale 239
Stallions 160
Statute Labor and Fire— Districts 130
Stock, Marking of 171
Straying of animals 153
Streams, To prevent the pollution of running . ". 177
Summary Trials, Fees 260
Supplies 522
Surgery and Medicine 496
Thistle, To enforce destruction of Canada — 176
Weeds, noxious 176
West, T. C, Enrollment as Advocate 494
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