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In tl
PROi
•)
ORDINANCES
i
OP THE
irORTH-WEST TEHHITOHIES
PASSED BY THE LIEUTENANT-GOVERNOR IN COUNCIL,
In the Session begun and holden at Battlefoi^l on the twenty-sixth day
of May, and closed on the eleventh day of June, 1881,
PROCLAMATION B
TOGETHER WITH
i RELATING TO ELECTORAL DISTRICTS AND ELECTIONS.
THE HONORABLE DAVID LAIRD,
LlEUTENANT-G-OVERNOR.
')
BATTLEFORD:
PRINTED BY P. G, LAURIE,
rrint.er to the Government of the North-West Territories.
1882.
liSi^-
No.
N(
o.
N
No.
No.
jA
x>9.
,\^
b
A
No.
No.
No.
N(
Nc
(X")lSrTEN'1'y-
ORDINANCES OF 1881.
No 1 \n <)r.linaiir«rftp«cting Short Forint of indfttimrer
^°^ reRpectin^ Security to be girfn by Pt)b-
UcOfliceri.
^^ I - lo extend and amend the Registratioa or
Titles Ordinance.
^ 4 .. reiptctmg the Office of Sheri IK
^o?, .. reipecting Mortgage! i,nd Salei of FeT-
Konal Property.
j^o 6 •• respecting Treipasimg and Stray Ani-
mals.
Vo 7 '* reapecting Marriages.
S^- i' .. to incorporate the Bishop of the Ohtirch
^ of England. Diocaia of Saikaichewan-
j^, (^. '' r«tpecting the SaU of Medicmea aad
Drugs.
Wo K. •' to amend tha Ordinance fappectinf
FeuecB. No. 10 of 1818.
Wo li •' for the Protection of Sheep. ■ ^^ . .
j;^^; 12". respecting driving off Horses and i attic.
No. V\. " respecting Bulls.
%-6^'^'^
CANADA. NORTH-WEST TERlllTORTES.
m). I of IS 81.
An Oniinance respecting Short Forms of
Indentures.
[Passed 10th June, 1881.]
Be it ona^' I by the Lieutenant-Grovernor of the
Novth-West Territories, in Council, as follows :
1. Whenever the words following occur in this Meaning of
Ordinance, or in the Schedules thereto, they shall woros.
be construed in the manner hereinafter mentioned,
unless there is something- in the subject or context
repuunant to such construction :
(1) " Lands" shall extend to all freehold tenements
and hereditaments, whether corporeal or incorporeal, or
any undivided part or share therein, respectively ; and
(2) " Party" shall mean and include any body pol-
itic or corporate or collegiate, as well as an individual.
2. When a deed of conveyance, or a deed of mort- where^ords
o-ao-e, or a deed of lease, respectively, made according to one of scho-
n !r> I , 1 . , 1 hedules respectively, and distin-
guished ]:>y any number therein, such deed shall be
taken to have the same effect, and be construed as if it
containc^d the form of words in column two under the .
same schedule and distinguished by the same number
as is annexed to the form of words used in the deed,
as
I
/.m^
2 No. loflSSl. Short Forms of Indentures.
hut it shall not ho necessary in any such deed to insert
any such numher.
Deeds fai.in. 3. Any dccd or part of a deed which f\iils^ to take
lrn:rcl^^.r^' efFec-t hy virtue of this Ordinance shall »^^'V«^^^eless be
K'rrmasetlectualto bind the parties thereto as ar ^^ ^hc
a";ir ordi- j.^iyy of law and equity will permit, as it this Urdi
'.naius ^'' nance had not been made.
i,eodBto.u. 4. Every such deed, unless an exception be s^e-
Se^Jl^tc. cially made therein, ^^all be held aiid coii^ rued to n -
'-' 1^0 re. ^^ g ,ji ho,,,es, outhouses, edilices, barns, stables, yaids,
:;i7rU\'i:L.3', orchards, commons, trees, woods, underwoods,
mounds lences, hedges, ditc-hes, ways, wa ers, wa^jr-
rourses, li-hts, liberties, privileges, easements prohts,
.ommoliti^s, ;moluments, hereditanients, and appur-
teZces whatsoever, to the lands .th-e.n comi^-isxjd
belono-ini?, or in any wise appertaining oi with tlic
same demised, held, used, occupied or ^^^^^f^^^^^^
or known as part or parcel thereof ; and li the same
VrZl to convey an estate in fee, also the reversion or
^rsions, remainder and remainders, yearly and other
rent issues and profits of the same lands and o every
part ;id parcel thereof, and all the estate, rig^it, t^
interest, inheritani^e, use, trust, property, profit, posses-
sion claim and demand whatever, both at law and m
emSty, of the grantor, in, to, out of, or ;^Pon tlie same
lands! and eve?y part and parcel thereof, with their and
every of their appurtenances.
5 Parties who use any of the forms in the first
column of the schedules may substitute lor the words
"covenantor" or " covenantee," " releasor ' or ' releasee,
" ™tor" or " grantee," " lessor" or " lessee ' any name
or'narnes or "the party of the first" or "second" or
'thTrdpart,"asthe%as;may be; and in every such
case corresponding substitutions shall be taken to be
made hi the corresponding forms in the second column.
6 Such parties may substitute the feminine gen-
der for the masculine, or the plural numbei- lor the s^m-
;iular, in any of the forms in the first column of he
schedules, and corresponding changes shall be take
to be made in the corresponding forms m the second
column.
. „ 7 Su(3h parties may introduce into or annex to any
^:'fSTuSa.of the forms iii the first column any express exceptions
from, or other express qualifications thereoi respective-
ly, or may extend them, or remove therefrom any fim-
Substltutlons
etc.
Gendei- and
number.
take
88 be
s tho
Ordi-
Short Forms of Indentures. No. 1 of 1881. B
itaiions, and the like exceptions or qualifications, or ex-
tension, or removal ol" limitations, shall be taken to be
made iVom or added in the corresponding forms in the
.second column.
8. Such parties may add the name or other desig- a****'""""
nation of any person or persons, or class or classes of
persons, or any other words, at the end of the forms of
tthe first column, so as thereby to extend the words
thereof to the acts of any additional jierson or persons,
or class or classes of persons, or of all persons whoni-^
soever, and in every such case the covenants, or such of
them as may be employed in such deed, shall be taken
to extend to the acts of the person or persons so named.
•J. In the case of a deed of demise or lease, there Express ex-
may be introduced into any of the forms in the fir«t exp.eH8^q»ai-
column under the third schedule any express excep- ["^'y^l^;^""
tioiis from, or express qualifications thereof, respective-
ly, and the like exceptions or qualifications shall be
taken to bt> made from or in the corresponding- forms in
the sei-ond column ; where the premises demised are of
freehold tenure, the covenants under the said third
schedule one (1) to eight (8) shall be taken to be made
with, and the proviso ?une (9) to apply to, the heirs and
assigns of the lessor ; and where the premises demised
shall be leasehold tenure, the covenants and proviso
shall be taken to be made with and to apply to the les-
sor, his executors, administrators and assigns.
FIRST SCHEDULE.
Deed of Conveyance.
This Indenture, made the day of conveyance.
in the year of our Lord one thousand
eight hundred and , " in pursuance of
The Ordinance respecting Short Forms of Indentures,"
between (here insert the names of the parties and re-
citals, if any) witnesseth, that in consideration of (if
there be recitals) the premises, and of
dollars (if no recitals omit the word " premises" and say
>' Qf dollars") of lawful money of
Canada, now paid by the said party of the part
(as the fact is) to the said party of the first part (the re-
ceipt whereof is hereby by him or them acknowledged)
he (or they) the said party of the first part doth (or do)
^^
.No. 1 of 1 'PA^ . Shnrf Forms of ludndiire^.
prnnt niito tho naid party ol" tlu^ part, his (or her
or their) ht'h-s and assi^•llH, I'or over, all and singular tho
land8 following, that is to say :
[l)(»Hrri))o th«» lands.]
[Hero insort the covenants and other provisions
eti'., ott'., if any.)
In witness whereof tho said parties have hereto set
their hands and seals.
Siu-ned, sealed and delivered )
in presence ol \
COLU.MN ONK.
COLUMN TWO.
^ _,, . , I. .\n(l tlu) said covemiiitor doth lu'ieb.N
1. The said «'0}'enan-,,,,,,,„^,^^.j^ ,„^,,^,„.„^^.,^,.^„
• • ' — • ^ lor iiiiiiseii, iiiMiifiin, lAo iitors and adialn-
tor covenants with the Istrator^, covonaut, i)roinl.>iO and au'ico with
and to tlio said covonantcc, hlH liolrs aud
asNlj,'iiH, in inaniii'V I'oljowing, that Is to
sa.v :
said covenantee
C(
vcnan
with \
tee thi
such t
of the
be ref
2. That he has the
rii^'ht to convey the said
lands to the said cove-
nantee, notwithstand-
ing any a<'t of the said
covenantor.
•J. That Cor and not\vlthstandiii« any act,
deed, matter or thin},', by tlus said covenan-
tor done, executed, eonnnlttel lan.l and
said kuids. premises hereby conveyed or intended so to
be, with their and every of their appurte-
nances, and to have, receive and take tho
rents, ,ssnes .'.nd prolits thereof, and of
ev(!ry part thereof, to and lor his aud their
use and hcnent without any let, suli,1rou-
1)le, dental, eviction, interruption, claim or
(lemaiidwhaisoeverof, from orbyhim the
said covenantor or his heirs, or any person
clahniii^' or to claim by, from, under, or In
trust for him, thorn, or any of them.
4. And that free and clear, and freely
4. Free from all en-,,,„i absolutely accjuitted, exonerated, and
CUm])ranceS. forever di.seharsod, or otherwise, by tlio said
covenantor or his heirs, well and sutticient-
ly saved, kept harmless and indemnified, of,
from and against any and every former and
other Hilt, grant, bargain, s.ale, jointure,
(lower, use, trust, entail, will, statute, re-
• •O'inixn.ncp, iinliriiKMit, execution, extent.
6.
ven
wit'
tee
due
enu
and
ma<
exp
ven
Short Forms of Imkntures. No. 1 of 1881.
COLITMN ONE.
COLUMN TWO.
rent, annuity, (orfolturo, re-entry, und any
and every otlior oHtate, title, chargo, trouble
and t'licunibrnneo whatsoever aiude, exe-
cuted, occUHlonud ^f,f to "nrum- suff'^'-ed any act, deed, matter or thing
done no act to .ncum ^^,,^^,^,p,,,r whereby or by means whereof
ber the said lanas. ^,,p „.,i,] lands, tenements, hereditaments
and promises hereby conveyed or mentioned
or intended so to be, or any part or parcel
10. And that
Short Forms of Indentures. No. 1 of 1881.
11
COLUMN ONE.
ments and
ntloned or
irtenances,
ader, or in
,gor, shall
t all times
Qd charges
id assigns,
r cause or
jd and exe-
and other
ds, devices,
he law, for
rfectly and
ig the said
s and pre-
!, unto the
signs, as by
assigns, or
e law, shall
)ly devised,
aerson who
:ecute such
ir the mak-
travel from
•tgagor and
s prevented
ident, frona
ereafter, at
: charges in
his heirs or
; in any ac-
ty or other
aslon shall
ny deed, In-
written for
I support of
of the said
IS, of. In, to,
nents, here-
conveyed or
and at the
s, shall and
9 or procure
ito the said
is, true and
tracts of the
writings ra-
id shall and
)les and ab-
npared with
3 said raort-
rtgagor hath
o,donc,com-
r knowingly
,er or thing
jans whereof
e rod! laments
or mentioned
irt or parcel
11. And that the said
mortgagor will insure
the buildings on the
said lands to the
amount of not less than
dollars.
COLUMN TWO.
thereof, are, is, or shall or may be In any
wise impeached, charged, affected or en-
cumbered in title, estate, or otherwise how-
soever.
11. And also that the said mortgagor, or
his heirs, shall and will forthwith insure,
unless already insured, and during the con-
tinuance of this security keep Insured
against loss or damage by Hre In suc^ pro-
portions upon each building as may be re-
quired by the said mortgagee, his heirs or
assigns, the buildings erected on the said
lands, tenements, hereditaments and pre-
mises hereby conveyed or mentioned or
Intended so to be, in the sum of
dollars of lawful money of Canada, at least,
In some insurance office to be approved of
by the said mortgagee, his heirs or assigns,
and pay all premiums and sums of money
necessary for such purpose as the same shall
become due, and will on demand assign,
transfer and deliver over unto the said
mortgagee, his heirs, executors, administra-
tors or assigns, the policy or policies of in-
surance, receipt or receipts thereto apper-
taining, and if the said mortgagee, his heirs
or assigns, shall pay any premiums or sums
of money for Insurance of the said prem'.ses
or any part thereof, the amount of such
payments shall be added to the debt hereby
secured, and shall bear interest at the same
rate from the time of such payments, and
shall be payable at the time appointed for
the then next ensuing payment of Interest
on the said debt.
12. And the said
mortgagor doth release
to the said mortgagee
all his claims upon the
said lands subject to
the said proviso.
12. And the said mortgagor by these pre-
sents doth release, remise, and for ever quit
claim unto the said mortgagee, his heirs
and assigns, all and all manner of right,
title, interest, claim and demand whatso-
ever, both at law and in equity, of, unto and
out of the said lands, tenements, heredita-
ments and premises hereby conveyed or
mentioned or Intended so to be, and every
part and parcel thereof, so as that neither
the said mortgagor, his heirs, executors,
administrators or assigns shall or may at
any time hereafter have, claim, pretend to,
challenge or demand the said lands, tene-
ments, hereditaments and premises, or any
part thereof, in any manner howsoever,
subject always to the said above proviso,
but the said mortgagee, his heirs and as-
signs, and the said lands, tenements, here-
ditaments and premises, subject as afore-
said, shall from henceforth for ever here-
after be exonerated and discharged of and
from all claims and demands whatsoever,
which the said nioitsagor, h\~ heirs or as-
signs, might or could have upon the said
mortgagee, his heirs or assigns, In respect
n
No. 1 of 1881 . Short Forms of Indentures.
COLUMN ONK.
13. Provided that
the said mortgagee on
default of payment for
. months may on
notice enter on
and lease or sell the
said lands.
COLUMN TWO.
of the said lands. tenemontH.herecHtamcnts
and premises, er upon the said lands, tene-
ments, hereditaments and premises.
13. Provided always, and It Is hereby de-
clared and agreed by and between the par-
ties to these presents, that If the said
mortgagor, his heirs, executors or adminis-
trators shall make default In any pajment
of the said money or Interest, or any part
of either of the same, according to the true
Intent find meaning of thos.-i presents and
of the proviso in that behalf hereinbefore
contained, and calendar months
shall have thereafter elapsed without such
payment being made, (of which default, as
also of the continuance of the said princi-
pal money and interest, or some part there-
of, on this security, the production of these
presents shall be conclusive evidence). It
shall and may be lawful to and for the
said mortgagee, his heirs or assigns, after
giving written notice to the said mortgagor,
his heirs or assigns, of his Intention In that ^
behalf, either personally or at his or their *
usual or last place of residence within the
North-West Territories not lesB than
previous, without any farther
consent or concurrence of the said mort-
gagor, his heirs or assigns, to enter iHto
possession of the said lands, tenements,
hereditaments and premises hereby con-
veyed or mentioned or intended so to be,
and to receive and take the rents, issues
and profits thereof, and whether in or out
of possession of the same to make any
lease or leases thereof or of any part there-
of, as he shall think fit, and also to sell
and absolutely dispose of the said lands,
tenements, hereditaments and premises
hereby conveyed or mentioned or Intend-
ed so to be, or any part or parts thereof,
-with the appurtenances, by public auction
or private contract, or partly by public
auction and partly by private contract,
as to him shall seem meet, and to conv.ey
and assure the same when so sold unto the
purchaser or purchasers thereof, his heirs
and assigns, or as be, she, or they shall di-
rect and appoint, and to execute and do
all such assurances, acts, matters and things
as may be found necessary for the purposes
aforesaid; and the said mortgagee shall not
be responsible for any loss which may arise
by reason of any such leasing or sale as
aforesaid, unless the same shall happen by
reason of his wilful neglect or default;
and it is hereby further agreed between
tlio parties to these presents, tliat until such
sale or sales shall be made as aforesaid,
tlio said mortgagee, his heirs, executors,
administrators or assigns shall and will
stand and bo possessed of and interested In
the rents and profits of the said lands, tene-
Short Forms of Indentures. No. 1 of 1881.
13
COLUMN ONE.
COIiUMN TWO.
ments, hereditaments and premises, In eas«
he shall take possession of the same on any
default as aforesaid, and after such sale or
Kales shall stand and be possessed of and
interested In the moneys to arise and be
produced by such sale or sales, or which
shall be received by the mortgagee, his
heirs or assigns, by reason of any Insur-
ance upon ihe said premises or any part
thereof, upon trust in the first place to pay
and satisfy the costs and cnarges of prepar-
ine for and making sLles, leases and con-
veyances OS aforesaid, and all other cost,
and charges, damages and expenses, which
t^e said mortgagee, his heirs or executors,
ndmlnlstrators or assigns shall bear, sus-
tain or be put to for taxes, rents. Insurances
and repairs, and all other costs and charges
ihich may be Incurred in and about the
Tx cutlon of any of the trusts »" him he-
by reposed, and in the ne^t place to pay
and satisfy the principal sum of money
and interest hereby secured or mentioned
or intended so to be, or so much thereof as
rhanremalndue and unsatisfied up to and
inclusive of the day whereon the said prin-
cipal sum shall be paid and satisfied ; and
after full payment and satisfaction of all
such sums of money and Interest as afore-
said upon this further trust that the said
mS'tgagee, his heirs, executors, adminis ra-
r s or L^igns. do and shall P^^ ^^^^ -jj,-'
If any, to the said mortgagor, his executors,
administrators or assigns, or as he shall di-
rect and appoint, and shall also In such
event, at the request, costs and charges In
the law of the said mortgagor, his heirs or
assigns, convey and assure unto the said
mortgagor, his heirs or aslgns, or to such
person or persons as he shall direct and ap-
point, all such parts of the said lands, tene-
ments, hereditaments and premises as shall
remain unsold for the purposes aforesaid,
freed and absolutely discharged of and from
all estate, lien, charge and e"^"";^*';";^.^^
whatsoever by the said mortgagee, his heirs
or assigns, in the meantiine, so as no per-
.on who shall be required to make or exe-
cute any such assurances shall be compelled
?or the making thereof to go and travel
from his usual place of abode ; Prov^ed
always, and It Is hereby further declared
anT agreed by and between the parties to
these presents that, notwithstanding the
power of sale and other the powers and
p^vlsions contained in these Presents the
Ld mortgagee, his heirs or aBsignss^ sha,
have and be entitled to his right of fo'e^io
L" of the equity of redemption of he sa d
mortgagor, his heirs and assigns, in the said
r/df ?en;ments, hereditaments and pre-
mises as fully and eff-ectually as uc luigh.
haJc ;xerclsed and enj.yed the same in case
m
14
No. 1 of 1881. Sliort Forms of Indentures.
COLUMN ONE.
COLUMN TWO
t}ie power of sale and tho other provisoes
and trusts incident thereto bad not been
heroin contained.
14. Povided
mortgagor may dis
train for arrears of in
terest.
iu- 14. And It Is fu'ther covenanted, declared
and agreed by and between the parties to
these presents, that If tho said mortgagor,
his heirs, executors or adralalstrators, shall
make default In payment of any part of the
Bdid Interest, at any of the days or times
hereinbefore limited for tiio payment there-
of. It shall and may bo lawful for the said
mortgagee, his heirs or assigns, to distrain
therefor upon the said lands, tenements,
liereditaments and premises, or any part
thereof, and by distress warrant to recover
by way of rent reserved, as in the case of a
demise of the said lands, tenements, here-
ditaments and promises, so much of such
Interest as shall from time to time bo or re-
main In arrear and unpaid, together with
all costs, charges and expenses attending
such levy or distress, ac in like cases of dis-
tress for rent.
15. Provided that in
default of the payment
of the interest hereby
secured, the principal
hereby secured shall
become payable
15, Provided always, and it Is hereby fur-
ther expressly declared and agreed by and
between the parties to these presents, that
If any default all at any time happen to be
made of or In the payment of the Interest
money hereby secured or mentioned or In-
tended so to be, or any part thereof, then
and in such case the principal money here-
by secured or mentioned, or Intended so to
be, and every part thereof, shall forthwith
become due and payable in like manner,
and with the like consequences and defect!
to all Intents and purposes whatsoever as if
the time herein mentioned for payment of
such principal money had fully come and
expired, but that in such case ihe said
mortgagor, his heirs or assigns, shall, on
payment of all arrears under these presents,
with lawful costs and charges in that be-
half, at any time before any Judgment in tho
premises recovered at law, or within such
time as by the practice of equity relief
therein could be obtained, be relieved from
the consequences ofnon-payment of so much
of the money secured by these presents, or
mentioned or intended so to be, as may not
then have become payable by reason of lapse
of tlmg.
Ifi Provided that 18. And provided also, and it is hereby fur-
•T J C ^^■ P ^^^^ expressly declared and agreed by and
until delault OI pay- between the parties to these presents, that
ment the mortgagor untU default shall happen to be made of or
<.U»11 liotro miiof r»ns. '° payment of the suld sum of money here-
shall have quiet pos- ^^^ ^^^^^^^ ^^ ^^^^^^^^^ ^^ intended so to
be, or the interest thereof, or any part of
Short Forms oj Indentures. No. 1 of 1881.
16
COLUMN ONE. COLUMN TWO.
Brtcoirin nf +>iA co i /I either Of the Hamo, or the doing, Observing,
session OI me f*^!^ performing, fumillng or keeping some one
lands. or more of the provisions, agreements or
stipulations herein set forth, contrary to
the true Intent and meaning of these pre-
sents. It shall and may be lawful to and for
the said mortgagor, his heirs and assigns,
peaceably and quietly to have, hold, ufce,
occupy, possess and enjoy the said lands,
tenements, hereditaments and premises
hereby conveyed or mentioned or Intended
so to be, with their and every of their
appurtenances, and take and receive ;the
rents, issues and profits thereof to his own
use and benefit, without let, suit, hindrance,
Interruption, or denial of or by the said
mortgagee, his heirs, executors, admlnls-
tratorj or assigns, or of or by any other per-
son or persons whomsoever lawfully claim-
ing, or who shall or may lawfully claim by,
from, under, or In trust for him, her, them,
or any or either of them.
1^ A-n^ +>io aaiA A 17. And the said A. B., wife of the said
H. Ana ine saia a. mortgagor, for and In consideration of the
B., wife of the said sum of dollars of lawful money
mortfaffOT hereby bars of Canada, to her in hand paid by the said
V. f Vovin +>.i -„: J mortgagee at or before the sealing or de-
ner aOWer in IDG SaiU jj^^^y of those presents, the receipt whereof
lands. Is hereby acknowledged by these presents,
doth grant and release unto the said mort-
gagee, his heirs and assigns, all her dower
and right and title wnlch. In the event of
her surviving her said husband, she might
or would have to dower In, to, or out of the
lands and premises hereby conveyed or in-
tended so to be.
THIRD SCHEDULE.
Deed of Lease.
This Indenture, made the day Lea.se.
of in the year of our Lord one thousand
eight hundred and " in pursuance of
The Ordinance respecting Short Forms of Indentures,"
between of the first part, and
of the second part, [any recitals re-
quired may be here inserted] witnesseth that in consid-
eration of the premises [if any recitals ; if not, omit " of
the premises and"] of the rents, covenants and agree-
ments hereinafter reserved .and eontaiiied on the part
of the said party of the second part, herein called the
lessee (his or their) executors, administrators and assigns,
16
No. 1 of 1881. Short Form>^ of Indentures.
to be paid, kept, observed and performed, he [^r f^j)
the said party of the first part, hereinafter called the
lessor by these presents do [or doth] demise and lease
nno the^aid lessee, his [or their] executors adminis-
trator and assigns, all that mess;u.ige or tenement
knds and premises situate, or all that parcel or tract
of land situate, lying and being.[here in.sert a descrip-
tion of the premises with suihcient certainty).
To have and to hold the said demised premises to
the lessee, his^executoi., administrators .i«n.i^
and during the term 01 ^^^^^
from the ^ ^ ^"JY ^^ nnd from
thousand eiffht hundred and a^^a iroiu
theSorth next ensuing and fully to be con.plete and
ended.
Yielding and paying therefor yearly and every
vear during the said term hereby granted, unto the
laTd lessor his [or their] heirs, executors administrators
saia icsboi 111 I ^^ ^g payable
:rtKliowTngTays and times, that is to say, (on etc.,
ete 1 the Ct of such payments to become du.. and be
made on the ^^ »f
next.
[Here insert any provisces, conditions and cove-
nants required.]
Ill witness whereof, etc., etc.
Signed, sealed and delivered in presence of
COLUMN ONE
COLUMN TWO.
, 1 The said lessee doth hereby for hlm-
1. The said lessee ^^j^-j^jg j^gi^g^jxecutors and adminlslm-
OOVenantS with the tors', covenant with the said lessor that ho,
A 1 oo^v +r» -novrpnt the said lessee, his executors, admlnistra-
said lessoi to pay rent. J^^^"^^^ ^^^,g^^^ ^u,^ ^^^rmg the said term
pay unto the said lessor the rent hereby re-
served, in manner hereinbefore mentioned,
without any deduction whatsoever.
^ A J i. ,. +OVC.O 2 And also will pay all taxes, rates, du-
2. And to pay taxes. ^^^^ and assessments whatsoever, whether
municipal, parliamentary, or otherwise,
now charged or hereafter to be charged
upon the said demised promises, or upon
the said lessor on account thereof.
3. And to repair.
3. And also will, duriuK the said term,
well and sufficiently repair, maintain,
amend and keep the said demised pre-
mises, with the appurtenances, in good
and substantial repair, and all nxtures and
Short Forms of Indentmen. No. 1 of 1881.
It
r they)
ed the
(1 lease
Iminis-
eineiit,
r tract
Lescrip-
lisos to
gns, lor
[iiputcd
0110
id from
,etc and
i every
into the
Lstrators
payable
[on etc.,
> and be
lid cove-
COLUMN ONE.
by for him-
adminislra-
isorthat he,
atlmlnistra-
lio said term
it hereby re-
! mentioned,
aver.
»s, rates, du-
sker, whether
otherwise,
be charged
ises, or upon
;reof.
5 said term,
•, maintain,
lemised pre-
ces, in good
1 nxtures and
S
COLUMN TWO
thluKS thereto belonging, or which at any
time during the iftid term shull bo erected
and made, when, where, and io often ai
need shall be.
4 And to keep up * AndaUowlll, from time to time dur-
Ing the said teriB, keep up the fences and
ieiices. wallsof or belonging to the said premlBCS,
and make anew any parti thereof that may
require to be new made, in a good and
■ubstantlal manner, and at proper season* of
the year.
c K-^A ««f fn mf 5 And also will not at any time during
Ana nOI lO t-w^^^gj^m j^rm, hew, fell, cut down or de-
down timber. gtroy, or cause or knowingly permitor suffer
to be hewed, felled, cut down or destroyed,
without the consent in writing of the les-
sor, any timber or timber trees, except for
necessary repairs.
6. And that the said
lessor may enter and
view state of repair,
and that the said lessee
will repair according
to notice.
7. And will not as-
6. And it is hereby agreed that It shall be
lawful for the lessor and his agents at all
reasonable times during the said term to
enter the said demised premises to examine
the condition thereof, and further that all
want of reparation that upon such view
shall be found, and for the amendment of
which notice in writing shall be left at the
premises, the said lessee, his executors, ad-
ministrators and assigns, will, within three
calendar months next after such notice,
well and sufficiently repair and make good
accordingly-
7. And also that the lessee shall not nor
I. j^iiv* Y. ^-- "-- — will, during the said terra, assign, transfer
sign or sublet without or set over, or otherwise by any act or deed,
lonvp procure the said premises, or any of them,
leave. _ ^^ ^^ assigned, transferred, set over or sub-
let unto any persen or persons whomsoever,
without the consent in writing of the les-
sor, his heirs or assigns, first had and ob-
tained.
A J ii, v V. "ll ^- And further, the lessee will, at tha ex-
8. And that ne 'Wlll pj^^^^jgn o^ other sooner aeterminatlon of
leave premises in good the said term, peaceably surrender and yield
. up unto the said lessor, the said premises
repair. hereby demised, with the appurtenances,
together with all buildings, erections and
fixtures thereon, in good and substantial
repair and condition, reasonable wear and
tear and damage by fire only excepted.
9, Provided always, and it is hereby ex-
9. Proviso for re-en- pressly agreed, that if the rent hereby re-
trvbv the said lessor on served, or any part thereof, shall be unpaid
\.i.j yj^l vj for thirty days after any one of the days on
non-payment OI rent or ^-^^^^^ ^he same ought to have been paid,
non-performance of CO- although no formal demand shall have
vPTiants been made thereof, or in case of the
vciiaii . breach Of non-performance of any of the
covenants or agreements herein contained
on the part of the lessee, his executors, ad-
ministrators or assigns, then and in either
18
No. 1 of 1881. Short Forms of Indentures.
COLUMN ONE. OOLIIMN TWO.
or Buoh canes, 11 Hhall bo Inwriil for the leu-
nor at any tlino thoroaftor, Into and upon
thefiatcldemlMecl prcmlHes orimy part there-
of In tlie namo of the whole, to ro-entor and
the tamo to have UKUIn, re-posNOHS and i-n-
Joy aa of hlH or tholr former cHtato, any-
thing heroin contained t* the contrary not-
wlthstandlnK.
10 The Baid lessor ^'^- ^'"^ ^^^ loHHor doth liemby for hlm-
-fU 1 ■*''^' *''^ helrH, exocutors, adrnlnlKlrators
covenants Wltn lessee ^^j^j aj,gigaH, covenant with th« k'HHCo, hU
for quiet enjoyment. executors, adralnlstratorH and asilgns, that
he and they paying the rent hereby re-
Borved, and periormlnK the povei.antH here-
inbefore on hU and their part contained,
Hhall and may peaceably posseim and enjoy
the said demised premises for the term
hereby granted, without any Interruption
or disturbance from the lessor, his heirs,
executors, administrators and assigns; or
any other person or persons lawfully claim-
ing by, from, or under him, them or any of
them.
Security bi/ Public Officers. No. 2 of 1881.
19
J^o. 2 of 1^81,
An Ordinance respecting Security to he ^iven
by Fahlic Officers.
[I'AKSED 10th June, 1881.]
Be it enacted by the Lioutenant-GovernoT of the
l^orth-West Tevritoru'H, m Council, as follows :
1 Whenever a Sheriff, Registrar, Clerk of any Public offl-^^^
Court," Bailiff, or any other public^ olhcer is required to security ^of
crive security for the performance of his duties, or other compauiei.
security of a like nature, and whether such security
enures for the benefit of the crown or of any person in-
iured by the default or misconduct of such oflicer, tlie
Lieutenant-Governor in Council may, by Order m
Covncil direct that the bond or policy of guarantee of
any incorporated or joint stock company empowered to
o-raiit guarantees, bonds, covenants, or pohcies for the
fnteo-rity and faithful accounting of public officers, or
oth "r like purposes, and named by 3uch Order in Coun-
cil may be accepted as such security, upon such terms
as 'may be determined by the Lieutenant-Governor in
Council ; and the provisions of law with reference to
the leo-al effect of such securities when given oy indi-
viduals to the filing thereof, and to the mode of pro-
ceedilig thereon, shSll apply to the security given by
every such company.
2 The interim receipt of such company maybeinteHm
acreoted in lipu of the formal security, but the formal
."olvity shall oe completed within four months from
the date of such receipt.
3 Every covenant hereafter entered into for or inee-rity^o'
behalf of any public officer, in ^^'"'Z'^^^l ^"g^^^^
statute or ordinance requiring security from any sucf^, decrown.
ofhcJr, or in pursuance of the preceding sections, shall
e ure for the benefit of Her Majesty ; and Her Majesty
may bring and maintain an action thereon m r^'^" vi?^
Tv damages suffered by Her Majesty or by the public
onlccount of any misconduct neglect or deMt of the
officer in either instance, with the like effect as any
\n
1
20 No. 2 of 1881. Securitij hij Public Officers.
private person suffering damages as aforesaid might,
and may also sue in any other mode by which Her Ma-
jesty may sue upon a covenant.
Limitation as 4. Where auy persou, company or corporation is
to liability of , P ^Yie performance by any pablic othcer, or by
K^er^-ry y^^^^^^^ to any civil ofhce, employment
or commission who is obliged to give security as
the Lieutenant-Governor in Council may require, or to
any office or employment of publu^trust, whether the
suretvship is for the benefit of the Crown or enures for
the benefit of any person injured by the deiault or mis-
conduct of such officer or other person, and any action
or suit is brought upon the bond, covenant policy, or
recognizance of suretyship, no damages shall be reco-
vered in the said action or suit against such surety ex-
cept as to matters and causes of action which have
arisen within six years next before the commencement
of the said action or suit.
5 Wherever by any statute or ordinance any per-
son appointed to any public office, or authorized to per-
form any official duties, is required to give or enter into
any bond or other secur.'ty for the performance of his
duties, such person shall cause every sucli bond or se-
curity to be proved, as to the due execution thereof, by
an affidavit of the attesting witness written or attached
thereto : such affidavit to be made beiore a justice ot
the peace, and to be in the following form :
Affidavit of
execution of
surety bond
or other
■ecurlty.
NORTH-WEST TERRITORIES. |I, G. H., of
ui '^^ make
; oatli and say, tliat I am the person whose
name Is subscribed to the annexed bond as the attesting witness (or one of
The attesting witnesses) to the execution thereof, and the «'en«t"'« ^ J^<^
subscribed thereto as such attesting witness is of my proper hand wilting
thati was present and did se« the said bond duly signed and executed by
thf several parties thereto (or by A. B. and C D. , two of the partl.s exe-
cuting the same, or a« the case may be;) and that I ItLOW the saia
Q.H.
ol
Sworn before mo at
la
this
day
ing th
Registration of litles. No. 3 of 1881.
21
might,
HerMa-
ation is
sr, or by
iloyment
iirity as
re, or to
ther the
lures for
t or mis-
ly action
lolicy, or
be reco-
Lirety ex-
ich have
jiicement
any per-
ad to per-
3nter into
.ce of his
nd or se-
lereof, by
• attached
justice of
do make
person whose
ess (or one of
lature set and
(landwiitlng ;
executed by
! partus exe-
ftld
Q.H.
day
J^o. 3 of 1881,
An Ordinance to Extend and Amend the
Registration of Titles Ordinance.
[Passed 10th June, 1881.]
Whereas it is expedient to extend and amend Or-
dinance No. 9 of 1879, intituled " An Ordinance respect-
ino- the Registration of Deeds and other Instruments
refating to lands in the North- West Territories,"
Be it therefore enacted by the Lieutenant-Governor
of the North- West Territories, in Council, as follows :
1 The said Ordinance may be cited as " The Regis- sbori Title,
tration of Titles Ordinance, 1879." and this Ordinance
as "The Registration of Titles Ordinance, 1881, and
both may be together cited as " The Registration of
Titles Ordinances, 1879 and 1881."
2 Subiecttothe provisions of "An Ordinance re- f«<=^'|^»ty;'/o,
specting securitv to be given bv public officers," every Deeds.
Registrar of Deeds now or hereafter to be appointed,
when required so to do by the Lieutenant-aovernor
shall execute and enter into a joint and several covenant
in duplicate, with two sufficient sureties to be approved
by the Lieutenant-Governor, for such amounts as may
be fixed by Order in Council ; such covenant to be m
the following form :
Know all men bv these presents, that we, A . B. , Registrar for
ando. D.,of andE. F.,of do
hereby jointly and severnlly, for ourselves and each of oar heirs, executors
and administrators, covenant and promise that the ^f J ^ B as m,gls.
t,.„,, for shall well, truly and faithfully perform the
duties and obligations of his office as such Registrar, and th«^t n.ithor he
nor his deputy Shall negligently or wilfully '"»^«'^"'^"'^^„i^j"^.«''^° Jl'.
.aid office to the damage of any person or P«'-««"f,^l>°™;;°7;; under tht
10.. It is hereby declared that no greater sum shal be rec^^jred under his
eovennnt agains, the --ral partie.^hereto than the followjn.. that^is^to
Ihe src" B.V^Tl:^; "• " "^ ^^'"^donars respectively.
In witness whereof wo have hereto set our hands and seals this
day of -8
Signed, sealed and delivered in)
the presence of f
'%«■■
0-9
No. 3 of 1881. Reghtratioyi of Titles.
Filing of CO- 3. One of such duplicate covenants shall be fortli-
venants. ^.^^^ transmitted to the Clerk of the Council, to be by
him filed in the office of the Lieutenant-Grovemor, and
the other duplicate shall be placed on file in the office
of the Registrar giving the same, where it may be ex-
amined, free of charge," by any person who has paid
registraiiuii f^es.
New cove-
nants and
sureties.
Powers, etc.,
of Registrar
extended to
District
Registrars.
4. Every Registrar may at any time be required by
the Lieutenant-Grovernor in Council to execute new
covenants in the form and to the effi^ct hereinbefore
provided, or to furnish other sureties, as may be deemed
expedient, or both.
5. The several powers, rights and duties vested in
and imposed upon the Registrar by the said Ordinance
are hereby extended to the District Registrars now or
hereafter to be appointed ; and this section shall be
deemed to have been in force on and from the first day of
March, A.D. 1881.
Section 8 of 6. Sectiou eight of the said Ordinance is hereby
of Smlnd- amended by repealing sub-section (1) thereof and sub-
^'^' stituting therefor the following :
" (1) The G-eneral Registrar, any District Regis-
" trar, a Stipendiary Magistrate, a Justice of the Peace,
" or a Notarv Public of the North-West Territories."
New Forms D
and F.
*7. Forms D and F at the end of the said Ordinance
are hereby repealed and the following substituted
therefor :
FORM D.
{Beferred to in Sections 17 d- 18 of '* 2'he Registration of Titles Ordinance, 1879.")
I certify that, the within Instrument is duly entered and registered in
tUo I eglstry office for North-West Territories, In Boolt
at o'clock on tlie day of AD. 18
Number
Registrar for
FORM F.
{Referred to in Section 21 o/ " The Registration of Titles Ordinance, 1879. ")
To the General Registrar for the North-West Territories {or to the District
Registrar for as the ease may. be.)
j^ of do certify
j^l^ftt lias satisfied all money due on or to grow
due on {or has satisfied the sum of dollar* men-
tinno;! in) a certain inort!rn.£re made by
of to which
mortgage bears date the day of
A.D. IS , and was registered in the registry office for the on
day of A-D. IS , at minute.'? past
Registration of Jitles, No. 3 of 1881.
28
o'clock of the noon, In Book as No. [here mention the day
and date of registration of each assignment thereof and the names of the
parties, or mention that such mortgage has noi been aislgued, as the fact
may be], and that I am the person entitled by law to receive the money;
and that such mortgage [m- such sum of money as aforesaid, or such part of
the lands as Is herein particularly described, that Is to say ]
is therefore discharged.
Witness my hand this
[One wiinesa]
day of
A.D18
A. B.
which
24
No. 4 of 1881.
Office of Sherif.
JVo. A of 1881.
An Ordinance respecting the Office of Sheriff.
Security by
Sneriff.
[Passed 10th June, 1881.]
Be it enacted by the Lieutenant-aovernor of the
North- West Territories, in Council, as follows :
1. Subject to the provisions of " An Ordinance re-
specting security io be given by Public Officers," the
Sheriff now or hereafter to be appointed in and for the
North- West Territories, when required so to do by the
Lieutenant-Governor, shall execute and enter into a
joint and several covenant in duplicate, with two or
more sureties approved by the Lieutenant-Governor,
in such form as may be prescribed, and for such amounts
respectively as may from time to time be fixed by Or-
der of the Lieutenant-Governor in Council in that be-
half.
covenants to 2. One of the duplicate covenants and any affida-
be filed. ^,|^ attached to the same shall be forwarded by the hhe-
riif to the Clerk of the Council, to be by him filed in
+,lie office of the Lieutenant-Governor, and the other
duplicate covenant, with any affidavit attached thereto,
shall be forwarded to the clerk of the court of civil
iurisdiction nearest to the office of the said Sheriff, to
be by the said clerk filed in his office ; and every per-
son shall be entitled to inspection at proper office hours,
and to a copy oi any such bond or bonds or other secu-
rity at the office of such clerk of court, upon payment
of twenty-five cents for every inspection, and one dollar
for every copy.
Limitation of 3 j^i case nnv new security be required at any
iui^'eu'er''^ time bv the Lieutenant-Governor in Council, the former
sureties shall oulv be liable for or on account of defaults^
or misfeasances suffered or committed by the Sheriff^
previous to the perfecting of the new security, and not
as to any subsequent default or misfeasance.
Office of Sheriff.
No. 4 of 1881.
26
4 The sureties of the Sheriff shall be liable to in- 8u;e^%«JX.
demnify the party or parties to any legal proceeding toje«ai ^^ro-
against any omission or any default of the Shenft or on..s.o^^^^^^^^
a?iv deputies or bailiffs appointed by him, m not pay-,„isconduct.
ino- over moneys received by him or them, and against
any damage sustained by any such party or parties^^ in
consequence of the Sheriff's or any of his deputies or
bailiffs' wilful or neglectful fi«V«?^^^^i^V'^ ff""?. anv
office; and the Sheriff shall be joint defendant m any
action to be brought upon such covenant.
5 If any bailiff or constable entrusted ^^i^\^^fSf3"
execution of any writ, warrant, process, mesne or final ^aiii««. et ,.
wilfully misconduct himself m the execution of the
same, or wilfully makes any false retuni to such writ
warrant or process, unless by the consent of the party m
whose favor the process issued, or for not paying over
moneys received by him, he shall answer in damages
to any party aggrieved by such misconduct, false re-
turn or non-payment of moneys as aforesaid.
■1 p Bonds void as
When the Sheriff dies, is removed from or re- to sureties
sio-ns his office, and within the space of eighteen months ^gh'-;f^\fter
after such death removal or resignation, no misbehavior death.^ po-
appears to have been committed by such Sheriff m .the nation or^ ^^
execution of his office, then at the end of the said eigh- nj^isbehavior
teen months the bond or bonds or other security so en- hkve been
le^edTXo shall become void and of no effect as to siich co-mitted.
sureties, to all intents and purposes whatsoever; but
such Sheriff, his heirs, executors and administrators or
curators respectively, shall not be exonerated if misfea-
sance, malfeasance or nonfeasance in oihce be afterwards
discovered and established, except that the sureties of
every such Sheriff' shall remain bound and liable by vir-
tue of and to the amount mentioned in the bond or
bonds or security for all moneys levied by such Sheriff,
until the expiration of one year after the datj3 of any
iudo-ment by which such Sheriff", his heirs, or legal rep-
resentatives is or are required to pay over the said
moneys to the person or persons entitled to receive the
same.
7 No Sheriff, Deputy Sheriff, bailiff" or constable 8ho..fl^.^^^^^
shall, directly or indirectly, purchase any goods or chat- from^purcha-
tels, lands or tenements, by him exposed to sale undei
execution.
8 The Sheriff 8hall keep in his office, open to theBoous of of-
inspection of any person free of charge, the following
books, namely :
S6
No. 4 of 1881.
Office of Sheriff.
(1) Execution books, for goods and lands respec-
tively, in which shall be entered a memorandum of
every writ of execution, or writ in the nature of a writ
of execution, the court out of which the same issued,
the names of the parties thereto, the attorney by whom
issued, the date of return, and the nature of the return
made thereto, or what was done thereunder or there-
with ; and
(2) A cash book, in which shall be entered all cash
received or paid away by the Sheriff in his official ca-
pacity, or in connection with his office, for any service
whatever — for fees, poundage, service of process and
papers, attendance at courts, moneys levied under exe-
cution, or under writs in the nature of writs of 'ivC^u-
tion, or otherwise, the date of the receipt or payment,
the cause, matter or service in which or on account of
which the same was received or paid away.
Coat of books 9. It shall be the duty of the Sheriff to supply him-
provided or. ^^^^ ^rj^j^ ^-j^q books in the next preceding section men-
tioned and an account of the cost thereof shall bt
warded to the Lieutenant-Grovernor for payment.
for-
Books^^etc^ 10. All books, accounts, records, papers, writs, war-
Government rants, process, moneys and other matters and things in
West Torri- the possession or under the control of the Sheriff" by
tories. virtue of or appertaining to, his office as Sheriff, shall be
the property of the Government of the North- West Ter-
ritories, and the same and every of them shall, imme-
diately upon the resignation, removal from office or
deiBth of any such Sheriff, be by the party in whose
possppsion 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 Lieu-
tenant-Grovernor may appoint to receive the same.
11. No person except the successor in office
of the
the
etc
No person
sheriff's^suc- Sheriff SO resigning, being removed or dying, or
offlceVo^oks!^ person so to be appointed by the Lieutenant-G-overnor
as aforesaid, shall take, have or hold any such books,
accounts, records, papers, writs, warrants, process,
moneys, or other matters or things ; and any person
having or holding any of the matters aforesaid shall
forthwith on demand deliver over the same and every
of them to the said succeeding Sheriff or to the person
so to be appointed as aforesaid ; and upon any such
person neglecting or refusing so to do, on convictioii
thereof before a Stipendiary Magistrate, he shall be li-
able to pay a penalty not exceeding one hundred dollars.
Office of Sheriff.
No.4ofl8«l.
HJ
I respec-
idum of
•f a writ
! issued,
y whom
e return
)r there-
l all cash
Eicial ca-
V service
cess and
der exe-
)f '*-^0"U-
jayment,
count of
ply him-
on men-
l bo I'or-
nt.
rits, war-
hings in
herilt" by
:" shall be
^est Ter-
il, imme-
office or
n whose
m to be,
successor
;he Lieu-
ime.
je of the
V, or the
G-overnor
;h books,
process,
y person
aid shall
md every
he person
any such
ouviction
all be li-
?d dollars.
12. The Sheriff, after resigning office, or removal E^p-s^eriffor
from office, or his heirs, executors or administrators, twesto^bave
shall or may, at any and at all time or times thereafter booki of of-
have the right and be at liberty to have access to, search
and examine into any or all accounts, books, papers,
warrants and process of whatever kind, and all other
matters or things which were formerly 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 are in the possession or con-
trol of the succeeding Sheriff, free of all costs, charges
and expenses.
13 In case of the death, resignation or removal of ^;f//»°°!
the Sheriff after he has made a sale of lands but before H^f^fl^t
he has made a deed of conveyance of the same to the she^ff^pro-
purchaser, such deed of conveyance shall be made to
the purchaser by the Sheriff who is in office acting as
Sheriff as aforesaid at the time when the deed of con-
veyance is made.
I
28
No. 5 of 1881.
Chattel Mortgages.
^0.
6 of 1881.
An Ordinance respecting Mortgai^es and
Sales of Personal Fropertij.
creditors,
etc., unless
registered.
[Passed IOth June, 1881.]
Be it onacted by the Lieutenant-Governor of the
North-West Territories, in Council, as follows :
Mortgages of 1. Every mortcrage, or conveyance intended to ope-
atfendwi""^ rate as a mortgage "^ot goods and chattels, made in the
(7f possession North- Wcst Territories, which is not accompanied by
Khi^ij^bo^void jj^jj immediate delivery and an actual and continued
change of possession of the things mortgaged, or a true
copy thereof, shall, within fifteen days from the execu-
tion thereof, be reg:'.-...ed as hereinafter provided, to-
gether with the affidavit of a witness thereto of the due
execution of such mortgage or conveyance or of the due
execution of the mortgage or conveyance of which the
copy filed purports to be a copy, and also with the affi-
davit of the mortgagee, or one of several mortgagees,
or of the agent of the mortgagee or mortgagees, 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 operate or take eftect upon, from and
after the day and time of the execution thereof.
Mortgages of 2. In casc of an agreement in writing for future
demntfy St"; advances for the purpose of enabling the borrower
te^'red.'^ '*^^'''" to enter into and carry on business with such advances,
and in case of a mortgage of goods and chattels for se-
curing the morlgagcc repayment of .such advances, or
in case of a mortgage of goods and chattels for securing
the mortgagee against the endorsement of any bills or
Chattel Mortgages. No. 5 of 1881.
29
promissory notes or any other ""^""y.^y ^'^ Secnt'ed
For the mortgagor and '» "--^ ^J^SJ "t X
r amount of liability intended to be cT«^t^a ■md n
case such mortgage is »<=«rP'"''«7n thereof lid b?
witness thereto as of the due «='e?^t'»'' *°Xin J^ that
the affidavit of the mortgagee or his -|^»^«^ *ed
the mortgage truly sets ^^'tl^Jf^ftX states the
into between the parties thereto and traiy
extent of the liability intended to ^e created bj
agreement and covered by ™* ™?j'S*ge. »""
S mortgage is eiecuted in good faith and *« *f « «^.
p"ess purposi of securing the mortgagee repaymen of
Ms advances or against the payment of «»« "°i and for ^l^TJtheTri,::;: Hold'
SSied therein against ^-'^S'^j''?'^ ^^^be rSS
and such conveyance and ^*f„*^i*r„^*'^t from the
''^ ''TTttreKh:fwl^ *e%&K
executing tl^.e^^.^^'^^^^^^f.^^^ ^f the bargainor and as
faith.
. S„eh T-istration Bhall only have effect in the Eff.ct^of^^^,
regi.tra?^dI^?sion wherein such registration has pe«u
made.
80 No. Aol'lBRl. CliqUel Mort frames.
Unless lOKiti- o. Ill caso siich mortna^'o or (onvoyanco and adlda-
gt^go oim'oii- vits arc not roginti'i-od as hereinbolbro i)rovided, the
vey.uHo voiii. jj^^^|.j,..^j^.^, ^^j. (.ouvoyance shall Ix^ absolutely null and
void us ag'ainst creditors ol' the mortgai^'or, . and au'ainst
subsequent purchasers or mortgag'ees in ^ood faith for
valuable consideration.
Property to
be wo 11 des-
cribed.
G. All the instruments mentioned in this Ordi-
nance, whether for the mortg-ag-e or sale of goods and
(.'battels, shall contain such suflicient and full descrip-
tion thereof that the same may l)e readily and easily
known and distinguished.
How registra- T The instruments mentioned in the preceding
iimde"'"' sections shall be registered in the office of the Clerk of
the District Court for the division in which the proper-
ty is at the time of the execution of the "instrument,
• who for such purposes shall be a liegistration Clerk ;
and if in any part of the Territories there shall be no
District Court Clerk, then in the office of such Kegistra-
tion Clerk as the Lieutenant-Governor shall appoint for
such division of any Judicial distri(;t constituted by him
for that purpose ; and a copy thereof certified by such
Clerk may be registered in the office of any other Clerk ■
of a District Court ; and such Clerks shall lile all such
instruments, presented to them respectively for that
purpose, and shall endorse thereon the time of receiving
the same in their respective offices, and the same shall
be kept there for the inspection of all persons interested
therein, or intending or desiring to acc|uire any interest
in all or any portion of the property covered thereby.
Duty of Clerk. 8. Every such Clerk shall iiuiiiber cach instrument
or copy filed in his office, and shall enter in alphabetical
order in a book to be provided by him the names of all
the parties to such instrument, with the number en-
dorsed thereon opposite to each name ; and such entry
shall be repeated ali)habetically under the name of every
party thereto.
chat*tl1smuKt 9. Every mortgage or copy thereof filed in pursu-
iy rentnved^'" ^^^^^ °^ ^'^^^ {)rdinance 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 consideration, after the expiration of
one year from the filing thereof, unless within thirty
■ ^ ' days next preceding the expiration of the said term of
one year a statement exhibiting the interest of the mort-
gagee in the property claimed by virtue thereof, and a
Chattel Mortgages. No
r, of 1881.
SI
(1 adlda-
led, the
lull and
au'ainst
faith for
i« Ordi-
ods and
descrip-
d easily
•eceding-
Clerk of
proper-
;rnment,
I Clerk ;
II be no
ie<^'istra-
point for
L by him
by such
or Clerk
all such
for that
eceiving
ne shall
iterested
' interest
lereby.
trument
labetical
les of all
nber en-
ch entry
of every
n pursu-
i against
me, and
in good
ration of
in thirty
[ term of
he mort-
f, and a
10 Such statement and affidavit shall be in the fol- I^A^^^
lowing form, or to the like eiibct : ot renevrai.
STATEMENT exhlbliin. the interes., of G. DMn^the property montlon-
c(l in a chattel mortgago dated the y^^^^^^ ^^^ part, and C. D..
nuule b..t ween A. B.. of ^^^^^^ ^^^^^ ^^^^^^ ^, of the Clerk
"^ judk-ialUi.strict,BWl«louKo. [as the
of Jliy of '
rd%"ra;n:mn?duo for principal and Interest thereon, and of all pay-
ments nuido on account thereof.
•lated the '^"'^ °^
following payments, ana no oiuei, "»»«
mortgage : ^
18 .-Jau. l.-Cash received *
sum of •
[Here give the computation.]
CD.
North-West Territories. \
To wit. ' ^f the
-rtgagoenan^dlnt^ehatteln.^^^
i„ the foregoing [or '^""-^j;^^„;^^.^,,.ee named In the
°^ ♦ .,,.« montloned in the foregoing [or an-
°s; :rs:r'r e„.e ... .o. »...» -a,
and say :
i.,„ r«v nniipxedl statement is true.
1 That the foregoing [oi annexeuj
purpose.
Sworn before mo at
°u the North-west Territories, this
day of 1"
32
No. 5 of 1 881 . Chattel Mortgages.
by or through any mortgagee, or any next of kin, execu-
tor or administrator of any such assignee ; but if the
affidavit is made by any assignee, next of kin, executor
or administrator of any such assignee, the assignment,
or the several assignments through which such assignee
claims shall be filed in the office in which the mortgage
is originally filed, at or before the time of such refiling
by such assignee, next of kin, executor or administrator
of such assignee.
Copy of In- 12. A copy of such original instrument, or of a copy
tifled'bycie^rk thereof, 80 filed as aforesaid, including any statement
den^eofre"- i^ade in pursuance of this Ordinance, certified by the
mlSg.*°** ^^^^^ ^^ whose office the same has been filed, shall be
received in evidence in all courts, but only of the fact
that BUch instrument or copy and statement, were re-
ceived and filed according to the endorsement of the
citik thereon, and of no other fact ; and in all cases the
original endorsement by the said clerk, made in pursu-
ai^>.c of this Ordinance upon any such instrument or.
copy, shall be received in evidence only of the fact stat-
ed in such endorsement.
ceruflcateof 18. "Where any mortgage of goods and chattels is
mongalesf registered under the provisions of this Ordinance, such
mortgage may be discharged by the filing in the office
in which the same is registered of a certificate signed
by the mortgagee, his executors or administrators, in
the form given to the schedule hereto, or to the like
effect.
Entering
certificate of
Uiycharge.
14. 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 number of such mortgage has been entered
with the name of any of the parties thereto, in the book
kept under section eight 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 certificate)"; 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.
IpTttvtTT r\f
mongages*"' assigned, such assignment may, upon proof by the
affidavit of a subscribing witness, be numbered and
entered in the alphabetical chattel mortgage book,
Chattel Mortgages. No. 6 of 1881
in the same manner as a chattel mortgage, and the pro-
<'(»e(lin«iH authorized by the two next preceding sections
of this Ordinance may and shall bo had upon a certifi-
cate ol' the asHignee, proved in manner aforesaid.
16, For services undtr this Ordinance each clerk Feoi.
aforesaid shall be entitled to receive the following ft»e8:
(1) For filing each instrument and affidavit, and
for entering the same in a book as aforesaid, fifty cents;
(2) For liling assignment of each instrument and
for making all proper endorsements in connection
therewith, fifty cents ;
(3) For filing certificate of discharge of each instru-
ment and for making all proper entries and endorse-
ments connected therewith, fifty cents ;
(4) For searching for each paper, ten cents ; and
(5) For copies of any document, with certificate
prepared, filed under this Ordinance, twenty-five cents
for every hundred words.
It. All affidavits and affirmations required by this
Ordinance shall be taken and administered by any
justice of the peace or notary public in or out of the
Territories, or Registration Clerk, and the sum of twen-
ty-five cents shdll be paid for every oath thus adminis-
tered.
88
SCHEDULE.
Vide Section Thirteen.
Daachargo of
mortKage.
FORM OF DISCHARGE OF MORTGAGE.
To the
1, A. B.,»f do certify that
has satisfied all money due on, or to grow due «n, a certain chattel mort-
gage made by to
which mortgage bears date the day of
A.J). 18 , and was registered [or in the case the mortgage has been re-
newed under sections nine and ten, was renewed] In the office of 'he
on the A.D. 18
AH number fhere mention the day and date of registration of
each assignment ihereof, and the names of the parties, or mention that
such mortgage has not been assigned, as the fact may be] ; and that I am
the person entitled by law to receive the money; and that such mortgage
Is therefore discharged.
Witness my hand this
day of
A.D. 18
A. B.
Wltaess, staling residence and occupation.
84
No. 6 of 1881.
Stray Animals.
Jfo, G of 1881.
Interpreta-
tion.
An Ordinance respecting Trespassing and
Stray Animals.
[Passed 10th June, 1881.]
Be it enacted by the Lieutenant-aovemor of the
North-West Territories, in Council, as follows :
1 In the construction of this Ordinance,
(i) The word "animal" shall mean any horse,
mule jack, sheep, goat, neat cattle, swine, or geese ;
2 The word "trespasser" shall mean any anirnal
which breaks into any ground enclosed by a lawlul
^^^^(3) The word "estray" shall mean any stallion of
the ao-e of one year or upwards, any swine or geese
running at large! and any bull one year old orupwards
runninS at lar|e between the first day of February and
the first day of June : provided always that the Lieute-
nant Governor on an application signed by ten farmers
of any po^nd district constituted as hereinafter provid-
ed o? of any other part of the Territories, may order
that anv bull of such age running at large m such
ptnd district, or any oth?r part of the "r- ^
scribed in such order, at any season named m such or
der shall be accounted an estray, or not an estray ; and
it shall be lawful for the Lieutenant-aoyernor on a like
application in any ensuing year to rescind such order.
Tf shall be lawful for the Lieutenant-G-overnor
»rj?"\„ eo^titut by ordoTany part of the North-West Ter-
■""""■ Jitories into a pound district and to appoint therefor a
pound-keeper.
3 It shall be lawful for the owner or occupier of
anv land surrounded by a lawful fence or his agent, to
capture any trespasser upon such land and drive and
deliver the same to the pound-keeper of the pound dis-
trict in which the trespass was committed ; and the
sa\d pound-kesper shall impound such trespasser, and
shall be responsible for the feed and safe-keepmg there-
Impounding
trespassers.
Sitray Animals.
No. 6 of 1881.
35
and
[881.]
of the
T horse,
ese ;
■ animal
L lawful
illion of
yc geese
upwards
lary and
e Liente-
i farmers
r provid-
,ay order
in such
;ories de-
such or-
ray ; and
on a like
ich order.
Governor
Vest Ter-
therefor a
ccupier of
1 agent, to
drive and
)ound dis-
; and the
)asser, and
)ing there-
of so long as he is legally bound to hold the same ; and
he shall be empowered to collect ^the amount of the
damages caused by, and all charges for the keep and
other incidental expenses connected with such trespasser,
before delivering up the same to the owner ; and it shall
be the duty of the captor to leave with the pound-keep-
er a statement in writing of his claim for damages done
by such trespasser, and his reasonable charges incurred
in driving the trespasser to and delivering the same to
the pound-keeper.
4. It shall be lawful for any resident in the North- j^l^im^Xd^
West Territories to capture any estray found within ^^•
any pound district, or within ten miles of any pound
district, and drive and deliver the same to the pound-
keeper of such district ; and the said estray shall be
dealt with in every way as a trespasser under this Or-
dinance.
5. In every case where damage shall be done to Damages to
the enclosed lands of any person by any of the animals trespas'serB.
hereinbefore mentioned 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 were lawful, al-
though other parts of the enclosing fence may not be law-
ful ; and any animal hereinbefore mentioned breaking
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, al-
though the said fence shall not be a lawful fence.
6. The owner or occupant of any land, or the per- owners uabie
son in charge of any animal, shall be liable for any
damages caused by such animal under his charge as
though such animal were his own property : and the
owner of any animal not permitted to run at large by
law shall be liable for any damages done by such am- ,
mal, although the fence enclosing the premises was
not a lawful fence.
7. The person capturing any animal shall, at the Depo^it^of
time of delivering the same to the pound-keeper, de^- and^secudt^^^
posit poundage fees, if sr-h are demanded, and with ed with
the statement of his demand, as hereinbefore provided, ^r.
give to the pound-keeper, with a surety, if required by
the pound-keeper, his written agreement in the words,
or to the following effect :
" I {or we) do herebv agree that I (or we) will pay
*; to the owner of the {describing the animal) by me, A.
36
No. 6 of 1881.
Stray Animals.
Pound-keep-
er's duties.
ProoeedSt
how applied.
" B this (lay impounded, all costs to which the said
" owner may be put in case the distress by me the said
" A B proves to be illegal, or in case the claim lor
" damages by me, the said A. B., fails to be estab-
" lished."
8 The owner of any animal impounded shall at
any time be entitled to his animal on demand made
therefor without payment of any poundage lees, on
giving satisfactory security to the pound-keeper lor all
costs, damages and poundage fees that may be estab-
lished against him.
9. On the pound-keeper impounding an animal it
shall be his duty-
ID If the owner be known, to immediately notify
him of such impounding, and if such owner refuse
within three days after such notification to pay all law-
ful damages and other charges, and take away his
animal, by posting notices in three of the most public
animal, to advertise for at least ten days the sale ol such
places in the pound iV ^tiict, and upon the day named
m such notice for su.^x sale, to sell such animal by pub-
lic auction ;
(2) If the owner be not known, to cause to be post-
ed forthwith in three of the most public places m the
pound district, and if reasonably practicable to be in-
serted in the nearest newspaper published m the ierri-
tories (in both English and French if apparently neces-
sary), a notice giving as near as possible all the marKs,
natural and artific'nl, color, and probable age of such
animal ; and after the expir-tion from the date ot such
notice of —
ia) Twentv days, ,
If the animal be a horse, mule jack, or one
of the neat cattle species and over two
years old, and
(6) Six days, , •, , a- j
If the animal be of the last mentioned
Vinds under two years old, or of any
ether kind of any age—
if no owner be found, the pound-keeper shall advertise
and sell the animal in the same manner as herein pro-
vided when the owner is known.
10. The pound-keeper shall apply the proceeds of
anv such sale as follows :
(1) To the payment of his own prope- -^-^rges ;
Btray Animals.
No. 6 of 1881.
m
(2) Tothe payment of the captor's reasonable charg s
and damages; . . ,, .n
(3) The balance to the owner of the animal sold, it
known, and if not known, after ihe same has remained
ill his hands for three months unclaimed, to the Lieu-
tenant-Governor, to become, if still unclaimed for one
year thereafter, a part of the revenue of the Territories.
11 The pound-keeper shall neither directly nor Pound-keep- _
indirectly become the purchaser at any sale conductedcha«eatsaie.
under his direction.
12. The persons mentioned in this Ordinance shall Fee».
be entitled to receive the following amounts :
(1) The owner or occupier of the land injured by a
trespasser, or the captor of an estray, for driv-
ing and delivering the same to the pound-
keeper —
His reasonable expenses ;
(2) The pound-keeper—
For every stallion or bull, fifty cents ; for
every other horse, mule or jack, or head ot
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
FoT m)Ufying owner of animal impounded,
fifty cents ; . , ^
lor 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 m the
performance of his duties, ten cents ; ^ ^
Aiid two and one-half per cent, commission
upon the amount realized on the sale, lor
selling animal and applying proceeds ac-
cordin- to the provisions of this Ordinance.
r owners
13 The owner of any animal captured or impound- how ......
od under the provisions of this Ordinance shall be en-^-f.-f^--,
titled to re^^^^^^^ the same from any person in whose aninjau--
ossession such animal may be, upon tender of all
damages committed and the charges incurred up to the
time of the tender.
, Penalty on
^ . »,--„„,! vppn-- "-i^iHv nf fl,nv nesrlect of duty pound-keep-
impostdt,^;; l^Sa b\^ th& oVli-ee shall be liable to^.BAVaut,.
a pSty of not more than one hundred dollars, upon
38
No. 6 of 1881.
Stray Animals.
the complaint only of the party who suffers by such
neglect.
Rescue.
Disputes.
! -^'
16 If any person shall rescue any trespasser or
estray from the person lawfully taking the same to the
pound, he shall be liable to a penalty of not more than
t ,7enty dollars ; and if any person shall make a breach
ofau/pound, or shall unduly set at large any animal
impounded, he shall be liable to a penalty of not more
than forty dollars.
16 In case of dispute between any of the parties
mentioned in this Ordinance, or of any complaint be-
ino- made that any penalty has been incurred, the same
may be brought before a justice of the peace and dis-
posed of by him in a summary manner.
All other 1*7- Nothing herein contained shall be construed to
rights o/ac- iinDair the right of action under any statute, ordinance,
tion reserved. ^^F^^ commou law, for damages occasioned by tres-
passers within the meaning of this Ordinance.
Returns of 18. Every pound-keeper shall forward to the Lieu-
LVTo^'La: tenant-Governor, on the thirty-first day of December m
Governor. Q^ch year, a return in such form as he may direct, snow-
ing all cattle impounded during the year, 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 such surplus was disposed of.
'. /
Marriages.
:^^o. tofl881.
89
JVo. 7 of 1881.
An Ordinance respecting Marriages.
[Passed 10th June, 1881.]
Bo it enacted by the Lieutenant-G-overnor of the
North- West Territories, in Council, as follows :
1. The ministers and clergymen of every church who^ir. ay
and religious denomination, duly ordained and appoint- marriages.
ed according to the rites and ceremonies of the churches
and denominations to which they respectively belong,
and resident in Canada, and having ecclesiastical over-
si""ht of any congregation or part of a congregation in
the North- West Territories, by virtue of such ordina-
tion and appointment, and according to the rites and
usages of their own respective churches or denomina-
tions, and Commissioners appointed for that purpose
by the Lieutenaiit-aovernor, may solemnize marriage
between any two persons not under a legal disqualifi-
cation to contract marriage.
2. No Marriage Commissioner shall solemnize mar- when^ami
riage unless the parties to the intended marriage pro-soiemnued.
duce to him the license required by section three of
this Ordinance; and no minister or clergyman shall
solemnize marriage unless a license is produced as
aforesaid ; or unless the intention of the two persons,
by publication of banns, to intermarry, has been pro-
claimed at least once openly on a Sunday in some piib-
lic religious assembly ; or unless he has satisfied him-
self that there is no legal impediment to the proposed
marriao-e • in which latter case such minister or clergy-
man shall insert in the certificate of marrriage herein-
after required words to the following effect :
" And I further certify that previous to solemniz-
" ing such marriage I fully satisfied myself that there
" wSs no legal impediiuent to the said partie,-? iiitermar-
" rying."
40
Licenses.
No. 1 of 1881.
Marriages.
By Lieut. -
Governor.
3 Martia-e licenses shall be in the Form A at
iW end of thif Ordinance, and shall be supplied from
the office of the Lientenant-Oovernor to such persons as
he r^a^ from time to time appoint to issue the same to
applicants for such licenses.
4 Every license under the hand and ^^a-l of the
Ti.utenait-aoYernor shall be and remain valid, not-
w Astan^^^^^^ Lieutenant-aovernor who signs the
Tme has ceWd to hold office before the time of its
issue.
i^uertosign 5. Every issuer of marriage licenses shall sign each
license as the same is issued by him.
6 Before a license is granted by any issuer, one of
the parses to the intended carnage shall personaHy
make an affidavit before him to the effect of the iorm
" B" at the end of this Ordinance.
n Incase the issuer has know' dge or reason to
S'aTb^e^r ' ^ J;/^ h?t an^^ the statements m the affida^^t of
,u,e. --^JP-^i^^^it^^^^ a ^,,nage license are -t correct O^e
S issuer shall ^equije further evidence t^^^^^^^
faction before issuing the license ; and a ^^W^f ^^^ ^\f^
affidavits and evidence shall be placed on hlc m his
office.
Affidavit be-
fore Issuer.
issuer.
What con-
sent and
wlien neces-
sary.
Returns of
licenses.
8. The father, if living, of any person ^^^er tweii-
tv-one vears of age (not being a widower or widow), o.
fthe fitter is dead then the mother of the minor, or il
the mothe' is dead, then the lawfully appointed guar-
dian or the acknowledged guardian who may have
broLht up or for three years immediately preceding
Sw^dmarriagesupUtedor prot^^^^^^^^^^^
shall have authority to give consent to such marriage.
q Everv issuer of marriage licenses shall, on the
first days of .January and July in each year, make a re-
turn to the Lieutenant-Governor of all licenses issued
Iv h m dUng the preceding six months with the
■nlmes of the parties to whom issued, and shall accom-
pany such retSrn with the original affidavit taken m
eaJh instance ; and whenever called upon, return to
Te Lieutenan -Cxovernor all unissued licenses, the pro-
perty of which shall remain vested in Her Majesty.
10 All marriages shall be solemnized in the pre-
sence of two or more credible witnesses besides the
41
Marriages.
No. t of 1881.
41
minister, clergyman or marriage commissioner perform- ^^o^^^gg'^.^y.
ill"- the ceremony ; and every person solemnizing a mar-
ria°n-e shall keep duplicate certificates of the same m the
Fo?m "C" at the end of this Ordinance, one of which
duplicates he shall retain, and the other he sliall, on or
before the first day of January or July, whichever shall
first thereafter occur, transmit to the marriage registrar.
He shall also, on roquest of either of the parties to any
marriage, give him or her a copy of such certificate
11 The Clerk of the Council shall, on application, ^,^^0!* '"^'
supply' printed forms for complying with the provi-
sions of the next preceding section.
12 The General Eegistrar of Deeds in and for the R«|}«t^o^£t°'
North- West Territories, or such other person as the n.|rHage^.
Lieutenant-Governor may from time to time appoint, •
shall be marriage registrar^ except where any registra
tion district for deeds has been erected and a registrar
appointed therefor, then the registrar of deeds appointed,
therefor, or such other person as the Lieutenant-Go. er-
nor may from time to time appoint shall for such dis-
trict be marriage registrar, each of whom shall keep
and file riiis office dl veturns of marriages made to
Wm under the provisions of this Ordinance , He shal
•ilso record the same in a book specially kept lor that
Durpose and for performing such services the registrar
shall be 'ent tied ti receive iVom and out of the general
revenue of the Territories the sum of fifty cents ior each
record He shall also, on application of any party, lur-
nTsh a copy of the record of any certificate of naarriage
ii his office on receiving fifty cents : which said copy,
cerUfied by such register, shall be received as prima
;«jrevidence of the^marriage named therein by all par-
ties administering justice in th^ Territories.
13 There shall be payable to ^xexj issuer of mar-a-.
riao-e licenses on the issue of each license by him the
Tm of three dollars, of which such issuer shal be enti-
ced to rSi one ddlar as his fee ; the remainder he
shall pay over to the Lieutenant-Governor to lorm part
of the revenue of the Territories, with each return made
by such issuer.
14 Any person unlawfully issuing a marriage li- Penalties,
oense supZd from the office of the Lieutenant-Gover-
"^,^^^n.roim^vn^^^\ic^^^^^^ granting a license
wifWmVf first havino- obtained the affidavit requireu uy
St Srdinate,^^^^^^^ pe-on solemnizing a marriage
42
No. 7on881.
Marriages.
Limitation of
liability.
Ordinance of
1878 repealed
contrary to the provisions of this Ordinance, shall, on
conviction before a Stipendiary Magistrate, for every
such contravention, forfeit and pay a line not exceeding
one hundred dollars.
15. No minister, clergyman or marriage commis-
sioner who solemnizes a marriage in conformity with
the provisions of section two of this Ordinance, shall be
subject to any a(;tion or liability for damages or other-
wise, by reason of there having been any legal impedi-
ment to the marriage, unless at the time when he per-
formed the ceremony he was aware of the impedi-
ment.
16. Ordinance number nine of 1878, intituled " An
■ Ordinance respecting Marriages," is hereby repealed; but
such repeal shall not, up to the first day of January,
1882, affect the right conferred by the oaid Ordinance
upon justices of the peace to solemnize marriage, nor
shall such repeal affect any license heretofore supplied
from the office of the Lieutenant-Governor, appointment
made, duty accrued, right acquired, or penalty incurred
under the said Ordinance.
Forms.
Torms referred to in the foregoing Ordinance.
FORM A. I Vide Birtiov Three.)
Lieutenant-Governor,
CANADA. )
North-West Territories, j
[L.S.] S
These are to certify that A. B., of and C. D. , of
being minded, as it is said, to enter into the c«»tract of marriage, and
being desirous of having the same duly solemnized, the said A.B. (or C.
L>.) has made oath that he {or she) believes that there is no affinity, con.
sanguinity, or any other lawful cause or legal impediment to bar or hin-
der the solemnization of the said marriage.
And these are therefore to certify that the requirements in this re-
spect of the Ordinance respecting Marriages have been complied with.
Issued at i'l the North-Wcst Territories, this
day of A.D. 18
lustier of Licenses.
FORM B, ( Vide Section Six . )
"i Bachelor {nr V.'idnmer}
) Spinster (or Widow)
make oath and say as follows :
I, A.B.
or
C. D.,
all, on
GA'ery
eeding
ommis-
,y with
jhall be
other-
mpedi-
he per-
impedi-
?d " An
ied; but
anuary,
iinance
kge, nor
applied
intment
iicurred
Marriageii.
No. 7 of 1881.
48
S Spinster (or WMow)
1. I an.l C. D (or A. B.) of | •B^chelor^ar Widows)
are doBlroua of entering Into the contract of marriage, and of having our
marriage duly solemnized at
2. According to the best of my knowled, > and belief there Is no iffln-
ity, consanguinity, or any othor lawful cau, 3 or legal Impediment to bar
or hinder the soleranlzat! i of the said marriage.
3. I am of the age ol years, and the said C. D. {or A. B.)
i.s of the ago of years.
4. [In case one of the ixtrties is under the age of txventyone years, add]
j; p of is the person whose consent to said mar-
riage is required by law, and the said E. F. has formally consented to the
said marriage.
[Or if both 2Mrties are tinder age]
E. F., of and G. H., of
„, - are the persons
whcTse consent to the said marriage is required by law, and the said E. F.
and G. H. have formally consented to the said marriage.
[Or if in the case of one of the minors there is no person whose consent is re-
quired by latv, add according to the facts.]
The father, of the said C D. (or A. B.) Is dead, and the mother of the
said C D. (or A. B.) is dead, and the said C. D. (or A. B.) having no lawful-
ly appointed or acknowledged guardian, there Is no person who has au-
thority to give consent to the said marriage.
[In case both the parties are minors, and the^-r is no person xohose consent is
required by latv, add a similar statement concerning the other party, according
to thefacts.] (Signed)
Sworn before me at
North-West Territories, this
day ol A.D. 18
(Signed)
in the I
Or
A. B.
C. D.
ce.
Issuer of Licenses.
t-Oovertior.
■riage, and
(\.B. (or C.
Unity, con.
bar or hin-
in this rc-
;d with.
tories, this
dcenses.
'A
FORM C. ( Vide Section Ten.)
CANADA.-N0RTH-WE8T TERRITORIES.
.\ges
Residence.
Birthplace, If
known.
By License,
Banns, or
otherwise
Names of
Witnesses.
I hereby certify that the above named parties were married by me this
day in the pro.ence of the above-named witnes.ses.
wp th« ""'if'^l'^ned, witnessed ) Bated at mia'
Yhe unloirby marriage of the > Ternloi lea, th.s IS
(Minister, Clergyman or Mar-
riage Commissioner. )
44
Bishop of Saskatchewan. No. 8 of 1881.
JVo. 8 of ISSl.
An Ordinance to Incorporate the Bishop of
the Church of England, Diocese of Sas-
katchewan.
Preamble.
Church of
England
Bishop ol
Saskatche-
wan Incorpo-
rated.
Title, "The
HI shop of
Saskatche-
wan."
power to hold
land, etc., for
fCcleslHstical
and educa-
tional pur-
poses.
[Passed 10th June, 1881.]
"Whereas the Right Keverend John McLean, Master
of Arts, Doctor of Divinity, and Doctor of Civil Law,
Bishop of the Church of England in the Diocese of Sas-
katchewan, which is comprised within the North-West
Territories, and certain of the clergy and laity of the
said Church in the said Diocese, have by petition to the
Lieutenant-Governor of the said Territories in Council,
requested to be incorporated and authorized to acquire
and possess real estate in the said Territories for educa-
tional and religious purposes ; and whereas, such re-
quest is for the advantage of tixe members and adherents
of the said Church, and appears in itself just and rc^ason-
able.
Be it therefore enacted by the Lieutenant-Governor
of the North-West Territories, in Council, as follows:
1. The Eight Keverend John McLean. Bishop of
the Church of England in the Diocese of Saskatchewan,
and each of his successors as Bishop of the said Diocese,
shall be and is by this Ordinance, declared and esta-
blished a corporate body, in fact and in name, under the
style, title or name of " The Bishop of Saskatchewan,"
and under such style, title or name shall have the right
of succession in perpetuity and a corporate seal, and
may from time to time, by ajid with the advice of two
members of his clergy, modify, renew or otherwise
change at pleasure such corporate seal, and may, under
the title or name aforesaid, from time to time, and dur-
ing all time, have, hold, purchase or acquire, by gift or
purchase, and possess and enjoy for the uses particular-
ly and generally of charities, for ecclesiastical purposes,
and for the purposes of education in the Diocese afore-
said, any lands, tenements, hereditary property, rents,
annuities, and all other property whatsoever, movable
Bishop of Snsfentchetmn. No. 8ofl88t. 45
or immovable in the said Torritories ; the said land not
oxcoodinjj^ in the whole six thousand arres.
2. The said corporation under the name aforesaid, fjlj^^^/^p^"
is empowered by and with the consent hereinal'ter men-
tioned, irom time to time to sell, exchange, alienate, mort-
g-ap:o, let, lease or otherwise dispose of any part of such
real estate, and under the name aforesaid, may sue or be
sued in all courts of law and equity, now or at any
time hereafter having jurisdiction in the said Territories,
in the same way and with the same rights and advan-
tages as all other corporations or persons whatsoever.
8. It shall be lawful for every person to whom or Persons
1 1 1 i L i ^•L i. holding landB
in whose name lands, tenements or hereditary property in trust may.
are now or hereafter may devolve, in trust or otherwise corporation,
for the said Church of England in the Diocese of Sas-
katchewan, to cede, sell or transfer from time to time,
by deed, all or any of the said lands, tenements or here-
ditaments, to the said corporation by this Ordinance
created, the same to be held under and for the purposes
provided by this Ordinance.
4. No sale, lease or transfer of all or any part of the saios
lands, tenements or other hereditary property acquired etc.
or possessed by the said corporation, shall at any time
be made or executed except by deed under the seal of
the said corporation, attested by the signature of the
Bishop of the said Diocese and two members of the
clergy of the said Diocese, chosen and nominated by the
said Bishop, consenting thereto ; such choice, nomina-
tion and consent appearing on the face of eA'^ery such
deed.
5. This Ordinance shall be a Public Ordinance.
, etc., to
deed,
gift or
46
No. of 1 88 1 . Sale of Meflirines and Drugs.
JYo. of 1S81.
An Onlinance respectim^ the Sale of Medi-
cines and Drugs.
Mccllclncfi In
certiiiii parts
oiN.-W.T.
not lo be ra-
lailcil except
by iJcrsons
licensed.
Penalty for
violation of
Orcll nance.
[Passed 10th June, 1881.]
Be it oiiacted by the Lieuteiiant-Governor of the
North-West Territories, in Council, as follows :
1. In such parts of the Territories as the Lieuten-
ant-G-overnor shall by proclamation set apart for that
purpose, no person whatsoever other than those hold-
ing a diploma from any Medical Faculty of Great Bri-
tain, Ireland or Canada, shall sell medicines by retail
within such parts of the North-West Territories so set
apart wHhout license lirst had and obtained from the
Lieutenant-Governor, which license may be granted
upon certiiicate of snch 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; but nothing in this Ordinance
shall be construed to prohibit retailers and others from
selling epsom salts, castor oil, or drugs and medicines
lor which a patent has to be obtained.
2. Any person contravening the provisions of this
Ordinance shall, upon conviction before a justice ofthe
peace in a summary w^ay, be liable to a penalty not ex-
ceeding one hundred dollars.
Reaped 1 4fj: Fences. No. 10 of 1881.
41
J\fo. 70 of 1881,
An Ordinance. to amend an Ordinance re-
specting Fences.
CP No. 10
of I«7H amend-
ed.
[rAssED IOtii June, 1881.]
In amendment of Ordinaiu-e number ten of 1878, ^.^J]'"'' "'•'"•
intituled " An Ordinance respecting- Fences,"
Be it enacted by the Lieu^'nant-Governor of the
North-We.st Territories, in Council, as follows :
Section one of the said Ordinance is repealed and fepo'aTcd""^
the following- substituted therefor :
1. An)^ substantial fence four feet nine inches high, i-awnu fenc
shall be a lawful fence if it consists —
(1) Of rails, the lower one not more than one foot
from the ground, the others not more than six inches
apart, except the top one, which may be eight inches
from the next lower rail ;
(2) Of upright posts or boards not more than six
inches apart ;
(3) Of barbed wire and a substantial top rail, the
wires to be not less than three in number, or more than
fourteen inches apart ;
(4) Of common wire and a substantial top rail, the
wires to be not less than four in number, or more than
one foot apart ;
(5) Of any river bank or other natural boundary
sufficient to keep domestic animals out of any enclosed
land.
48
No. 11 of 1881. Protection of Sheep.
J^o. 11 of 1881.
An Ordmance for the Protection of Sheep.
[Passed 10th June, 1881.]
Be it enacted by the Lieutenant-Governor of the
North- West Territories, in Council, as follows :
DoKs worry- 1- It shall be lawful for any person to kill any dog^
ing sheep ^j^ tho act of pursuiug, worrying or destroying sheep
^r^^yed. ^' or lauibs elsewhere than on the enclosed land occupied
by the owner of such dog.
Penalty -on 2. On Complaint made on oath before any justice
?vor'ryinL''"^ofthe pcace for the Territories, that any person owns
etc., sheep. ^^ j^^g jj^ ^^jg possession a dog which has within three
months previous worried, injured or destroyed any
sheep or lamb outside the enclosed land occupied by
the owner of such dog, such justice of the peace may
issue his summons, directed to such person, stating
shortly the matter of such complaint, and requiring
such person to appear before him at a cortain time and
place therein stated, to answer to such complaint ; and
upon conviction, on the evidence of one credible wit-
ness other than the complainant, of having such dog
in his possession, the justice of the peace may make an
order for the killing of such dog within three days,
and in default thereof may in his discretion impose a
line upon such person not exceeding twenty dollars,
with costs, to be levied by distress on the goods and
chattels of such person.
Conviction
no bar to
civil aciion.
3.
Proof ol pre-
-^. No conviction under this Ordinance shall be a
bar to any action by the owner or possessor as afore-
said of any sheep for the recovery of damages for the
injury done to such sheep, in respect of which such
conviction is had.
4. It shall not be necessary for the plaintiff in any
Prool Ol pre- *• — o • • i i i l \.
vious kno^^;^ action oi damages for injury done by a dog to sheep,
prop^eniity ^ ^ to prove that the defendant was aware of the propen-
not necessary
sity of the dog to pursue and injure sheep, nor shall
Protection of SJieep. No. 11 of 1881. 4-9
the liability of the owner or possessor as aforesaid of
any dog, in damage for any injury done by such to any
sheep, depend upon his previous knowledge of the pro-
pensity of such dog to injure sheep.
6. All fines recovered under this Ordinance shall be fd^ho^v du-'
remitted to the Lieutenant-Governor, to be by him ap- p"^®'^ "^^
plied to the repair of roads and bridges in the district
in which the defendant resides.
m
50
No, 12 of 1881. Driving off Horses, etc.
J^o. 12 of 1881.
An Ordinance respecting driving off Horses
and Cattle.
sent of owner
liable to
penalty.
[Passed 10th June, 1881.]
Be it enacted by the Lieutenant-aovernor of the
North- West Territories, in Council, as follows :
PersonB using L Any person who shall take, ride or drive off any
Ee"Tc.?' i,o,.ge or mule belonging to another without the owner s
?vUhourcon- consent, or who when bringing his own animal from
'" "'""'"the prairie shall take or drive off the horse or mule of
anv other person grazing with his own, or who shall
either wilfully or negligently cause or allow hors^es,
mules or cattle of other parties to be driven with his
herd more than five miles from their grazing places,
shall upon (-nviction before a justice of the peace be
liable to a fine of not more than one hundred dollars
and costs of prosecution, and in default of payment to
be imprisoned for a term not exceeding three months.
civil action 2. Nothing in this Ordinance shall prevent the
jridcmion to owner of any such animal suing before any court ot
penalty. ^-.^^-j j^^tice for damages in addition to any penalty im-
posed under this Ordinance.
Bulls.
No. 13 of 1881.
61
JVo, 13 of 1881.
Horses
1881.]
3r of the
^''e off any
e owner's
mal from
mule of
vho shall
w horses,
with his
ig- places,
peace be
;d dollars
i,yment to
3 months.
event the
I court of
enalty im-
An Ordinance respecting Bulls.
[Passed 10th June, 1881.]
Be it enacted by the Lieutenant-Governor of the
North-West Territories, in Council, as follows :
1 This Ordinance shall come into force and take ordinance *«
effect only in such portion or portions of the North- pan^.^ofxe^-
West Territories, and on and from such time or times, by prociama-
as the Lieutenaiit-aovernor may designate and fix by
proclamation.
2. No bull of one year old or upward shall be per- f^^|[«„«Slnd
mitted to run at large between the first day of Febru- -^p^-^^^not
ary and the first day of June in any year. '/eb'«i*'^LT'°
June 1.
8. Any person who finds a bull unlawfully per- bui^s uniaw-^
mitted to run at large may capture and confine t^^^ay be cap-
same and as scon thereafter as conveniently practicable ^»Xed
shall' notify the owner thereof, if known to such cap-
tor • and if such owner do not withm a reasonable
time after receiving such notice take away such bull
and pay the captor thereof five dollars for his trouble
and twenty-five cents per day for the keep of the t^aid
bull every day it has been in his custody, such owner
shall be liable, on prosecution in a summary way betore
a justice of the peace, to a fine not exceeding twenty Ponauy on
dollars, together with the costs ol prosecution, fe.- tor
cal>turing, and the cost of keeping the bull as aiore-
said- whi(^h said fee and the cost of keeping the bull
as aforesaid shall be paid over, on collection, to the per-
son who captured him ; and in default ot payment of
such fine, fee and costs, the justice ol the peace may
o-rant his warrant to levy the same by distress and sale
of the goods and chattels of the owner of such bull.
4. When the owner of any bull so captured and captor^e^^^"^
confined is unknown to the captor, the said capior snaii ..ui known.
apply to a justice of the peace, who shall cause a notice
52
Bulls.
No. 13 of 1881.
to be posted up in three public places in the neighbor-
hood, and likewise cause an advertisement to be pub-
lished in the Official GTaaette or some newspaper in the
Territories, if such there be, describing such bull and
to whom application therefor may be made, for at least
three months ; and if within that period the owner of
the said bull be found, then he shall receive delivery
thereof on the conditions set forth in the next preced-
ing section, and paying the expenses incurred for ad-
vertising ; but if at the end of three months no owner
be found for such bull, then the said justice, or in his
absence any other justice of the peace, may, after ten
days' notice, cause the said bull to be sold, and out of
the proceeds of such sale, pay five dollars and the cost
of keeping the bull to the captor thereof, and after de-
fraying all other expenses, pay over the balance to the
Lieutenant-Governor of the said Territories, to be dealt
with as he, in Council, shall deem proper.
no^'Sfappiy 5. This Ordinance shall cease to apply to any por-
tHcts?" *^°^ ^^ *^^ Territories erected into a pound district,
under the " Ordinance respecting Trespassing and Stray
Animals."
PROCLAMATIONS
RELATING TO
ELECTORAL DISTRICTS AND ELECTIONS
IK THE
yoRTH-WEST TERRITORIES.
THE HONORABLE DAVID liAlRD,
LlEUTENANT-GrOVERNOR.
HATTLEFOUn :
I'KINTED by' p. G. LAURIE,
Printor f o f Vir (Sovcrnmcnt of ihe North-West Territories.
QUALIFICATION OF VOTERS and of Candidates at Elec-
tions of Members to sit in the Couninl of the North-West
Territories.
Sections Seventeen and J!]i<>hte(Mi of 48rd Victoria. Chapter
25, known as "The North- We.st Territories Act, 1880," reads as
Follows:
17. The persons qualified to vote at such election shall be
the bond fide mah' residents and householders of adult ag-c, not
being- aliens or unenfranchised Indians, within the electoral
district, and shall respectively have resided in such electoral
district for at least twelve months immediately precedinj? the
issue of the said writ.
18. Any person entitled to vote may be elected.
<^.
Vent
pter
h< as
1 be
not
oral
oral
the
GOVERNMENT HOUSE, BATTLEFORD.
Monday, ^th day of August, 18Y8.
Yrhereas by sub-section four of section one of Ordi-
nanc- No. 4 of 1878, intituled "An Ordinance respecting
the Administration of Civil Justice" it is in effect enacted
that the Lieutenant-G-overnor may divide any of the
Judicial Districts defined in the said section into one
or more Divisions, His Honor has been pleased to order,
and it is hereby ordered, that the Bow River District be
divided into two Divisions as follows :
All that portion of the said Bow River District
west of the one hundred and eleventh Meridian of West
Longitude shall be a Division of such District under the
name of " Division No. 1";
All that portion of the said Bow River District
east of the one hundred and eleventh Meridian of West
Longitude shall be a Division of such District under the
name of " Division No. 2."
Approved.
DAVID LAIRD,
Lieut.-Grovernor.
Battleforil: Printert by P. O. Laurie, Printer to the (Government of the
Nort.h-W''s(, Territories.
CANA DA.
NORTH-W EST TBRRITOR
lES. \
A PKOCLAMATION
By the Honorable DAVID LAIRD, Lieutenani-Cxover-
iior oi" the North-West Territories.
To all to whom these Presents shall come, or whom
the same may concern,
Greetin(1 :
Whereas by the fifteenth section of the Act of the
Parliament of Canada passed in the forty-third year^ of
Her Majesty's reij,m, known as " The North-West Ter-
ritories Act, 1880," it is amongst other things in effect
enacted :
That when and so soon as the Lieutenant-Gover-
nor is satisfied that any portion of the North-West Ter-
ritories, not exceeding an area of one thousand square
miles, contains a populaftion of not less than one thou-
sand inhabitants of adult age, exclusive of aliens or un-
enfranchised Indians, the Lieutenant-aovernor shall by
Proclamation erect such portion into an Electoral Dis-
trict by a name and with boundaries to be respectively
declared in the Proclamation ;
And whereas I am satisfied that the several por-
tions of the North-West Territories hereinafter designa-
ted, each not exceeding an area of one thousand square
miles, respectively contain a population of not less than
one thousand inhabitants of adult age exclusive of
aliens or unenfranchised Indians ;
Now know you, that under and by virtue of the
_• , -J *„r^.-," anr' -'-i"^'torth Wts ^^^^ ^^^^ ^^^^._^^ ^^^^ ^^^^^^ ^^^^^^^,^^_
Ta^'taw ;• o^r'l".' Station in each of -^^ PoHi". dlvlHio.« a. -halt
after the nonUnation be nan.ed by n,e in an Elect.on Notice :
Of which all persons .in- hereby required to take notice and govern
themieivcH accordingly.
GiTen under my hand Ht
thi«
(Signature)
day of IS .
A. B .
KetiirnlnK-Orflc«r.
G If from unforeseen delays, accident, or other-
wise, the Proclamation cannot be posted ui. so as to
leave the required tinio betwi>en the posting up ^m(.\
the nomination day appointed by the Lieutenani-Oo-
vernor or in case of the death oi any candidate attei
Respecting' Elections.
11
\!i
the time fixed for receivini? nominations has elapsed
before the close of the polls, the Keturninj? Officer may
forthwith fix another day for the nomination of candi-
dates, such day bein^ not later than is necessary to al-
low eight days between tho postinii- up of the Procla-
mation and the day named therein for the nomination ;
and in every snch case the Returning Officer shall,
with his return, make to the Clerk of the Council a spe-
cial report of the causes which may have occasioned
the postponement of the election.
NOMINATIONS AND WITHDRAWALS.
*7.
At any time after the date of the Proclamation,
and before two of the clock in the afternoon of nomi-
nation day, HilJ four or more electors may nominate a
candidate by a^ffirming to and signing before a justice
of the peace', or before the Returning Officer, and caus-
ing to be tiled with the Returning Officer a nomination
paper in the following form :
We the umJersigued aftirm that we arc duly qualified as electors of the
Electoral Dl«tru-t of to vote at the election now about
to be held of a member to represent the said Rlectoral District in the Coun-
cil of the North-west Territories, and that as such we hereby nominate
(hero insert tho name, residence, occupation or description of the person
nominated sufficiently to establish his identity) as a candidate at the said
election ; and we further affirm that the said (naming the candidate) la
duly qualined to be nomin.atod as a candidate at the said election, and thai
lie has consented (or in case of his absence from tlie district, we fully be-
lieve ho will consent) to this nomination.
[SiKnatures or marks of electors, with resi-
dence and occupation of each.]
Affirmed and signed before me )
at this >
day of IS \
(Signature) A.B.,
J. P. or Returning Officer.
8. The Returning Officer, on receiving any nomi-
nation paper fulfilling the essential conditions nerem-
])efore s]iecificd, shall endorse thereon the date and ttie
hour at which it was rect^ved by him ; and it anv
paper purporting to be a nomination paper be Placed
in his hands which he regards as informal, he shall
immediatelv return it to the person delivering the same,
and stale to' him the informality.
9 Any candidate nominated may withdraw at
any time after his nomination and before the closing
of the poll on polling day, by filing with the RetTirn-
inir Officer a declaration in writing to that efiect,
signed bv himself in the presence of the Return-
12
Respecting' Elections.
ing Officer or of a justice of the peace ; and any votes cast
lb? the candidate 'who shall have so withdrawn shall
he null and void.
10. If, at the expiration of the time fixed for the
nomination, only one «'andidate has been nominated, or
if then or before the closing of the poll, by the with-
drawal of any other person or persons nominated, only
one candidate remains in nomination, the Returninsj,-
Oflicer shall forthwith make his return to the Clerk oi'
the Council that such candidate has been elected, _ of
which return he shall send without delay a certified
coi)y to the person elected ; and such return shall be m
the following- form:
I liorcby certify that tlio member elected for tlio p:ieetoral Disirid ut
In pursuance of the annexed writ Is
(as in the nomination paper), no other -■■indidato having been nomlnatei!
(or tlio. oliicr candidate or candidates having witlidrawn, as the case may
^"*>- (Signatuie) A. B.,
Returning Ofticer-
11. The Returning- Oflicer shall accompany his re-
turn to the Clerk of Council with a report of his pro-
ceedings.
12. If at the close of the time fixed for receiving-
nominations, there remain more than one candidate in
nomination, the Eeturuing Oflicer shall grant a poll for
taking the votes of the electors.
I.MMEDIA.TELY AFTER THE NOMINATION.
1;]. As soon as the time for receiving nominations
has elapsed, or at any time thereafter, the Eeturning
Olficer, if required, shall deliver gratis to every candi-
date or to the person who died the nomination papin-
on his behalf, a certified list of the candidates nomi-
nated.
14. The Returning Oflicer shall subdivide^ the Elec-
toral District into as many polling divisions, not ex-
ceeding six, as he mav deem necessary for the conye-
nienceof the electors:" he shall number or otherwise
designate them, and ]ix upon a suitable polling sniiion
in (>ac]i such division.
to. Whenever a poll has been granted, it shall bf
held on iho. s.'uno dav of the week as the nomination,
in the second week th«M'.'after, and shall ho opened at
the hour of nine of the clock in the fonnioon and kept
Respecting Elections.
18
open
mtil five o'clock in the afternoon of the said day,
and tne votes at the several polling stations shall be
•riven betwet^n the said hours of that day, and by open
voting.
16. Immediately after having granted a poll, the
Eeturning OiRcer shall cause to be posted up at all
places where the Proclamation for the election was
posted up, an election notice in the following form :
ELECTION NOTICE.
Electoral District of ^^ ^^^ .
Public Notice is hereby given to the electors of the Electoral District
aforesaid, that a Poll has been granted for the Election now pending lor
the .vaid District, and that such Poll will be open on (licre insert day of the
week) the clay of 18 , from the hour
mg the o^^^J^l-^^^^^^^^^
residence of each voter, as required m the iorm sup-
plied to him by the Returning Oflicer.
19. Each Enumerator shall complete date at his
place of residence, and sign the copies ot the Voters
llsfor lLs, as aforesaid, lour da^^ before polling day
two of the siid copies for each polling division he shall
frr^hwith post UP in two of the most public places
wfthrsuch polling division, and the other he shall
retain for revision.
20. Should any Enumerator, at any time after post-
ing up anv Voters' List and betore polling day, be lul y
satisfied from representations made to h^by^^crefi-
ble person, that the name of any qualified voter has
beeif oSut^d from the Voters' List of the polling divi-
sion to which such voter belong., he may add such
name to the copv of the List in his possession be ow
SLown signature; sh. aid the Enumerator, m like
manner be fully satisfied that there is on the List the
name of any peLn who is not qu 'ified as a voter in
S polUng division, he may draw » ;asing lin.^ through
Teh name'and write his own i-^-^ opposi e h^^^^^^
in the column for "remarks" ; and should the Lnurae
rator find the occupation or residence of any voter to
be inaccurately stated in the List, he ma>^ make the ne-
cessary alteration and aifix his initials thereto.
21 Every Enumerator, having revised and correct-
ed such retained copv of ea<'h Voters' List compiled by
Mm if he deem suc^h correction -^<^^-^^y;.-^^::^''^
in the last preceding section, shall write at the tool ot
such copv and close' to tne last name thereon on the
day immldiately preceding polling day, a certificate m
the following form :
I crtlfy that the above i,.con«ctLl«tofth. Voter, in Polling Dirl.lon
Vo (or othf r designation) of the Electoral Division of »»
ferl-ed (or if no correction .e ma.le. an finally approred) by m. thl«
'•"y^^ (Blgnat.ur**) A, R , Knurosrator
Respecting Elections.
15
22 Every such Voters' List so certified by the Enu-
xnerator he shall deliver forthwith, or before eight
o'clock in the morning of polling day, to the Deputy
Returning Officer for the polling d^^^^,«^«iJ^^fXlet^^^^^
in • and such List as receired by such Deputy Ketum-
g Ofer, shall be the Voters" List for B^ch pollmg
division, subject to be further corrected on polling day
as hereinafter provided.
23 It shall be the dutv of the Eeturning Officer
tocause to be posted up with the Election Notice, a
handbill in the following lorm :
INFORMAXIOX TO ELECTORS.
The following i. th. CiuaUflc-a.l..n of .lectors as prescribed by tbe Par-
Uament of Canada :
[Hero insert Qualification. J
before that Offlner the loUowlne Oath :
[Hero Insert Oath No. I]
Each Elector can only vote at one polling station, and for one candl-
^"■^^' > . . „ t,. ,.«nm-fi his vote. Shall, In his turn, while the
Any Elector wUhagU, -^-f^/i^^3'„,offlcer. give his full name
poll is open, CO up *'V,iinT«tftte for which candidate he votes, and
:rerch\t£Lirdir^^^^^^^^^
"'yv^^rZ^'anThavln, voted ought to «o away quietly from th.
polling station. i^ignature) A. B.,
Returning Officer.
Dated '
The other for the electors while voting.
DEPUTY KETUIININO OFFICERS.
or, The Returning Officer shall, under his hand,
• ; ! itmitv Eeturning Officer for each polling
appoint one ^^^-P^^^/.^X Electoral District ; but if the
division ^^o'i^iprised m lu Lfoc ora^^ the capacity of
Returning Officer ^^^ ^.^^^ '"^^^^ di^^sion he
Depni^y li^-^^"^;!^.f. ^^ [^ for such divi-
may dispense ^^ th ;^l>lYi antics of 1).M>ntv Return-
siou, ami hiinsoli perfoiia ni* -MTK s H , ,
intr Officer thcrcm
16
Respecting Elections.
26. The Returning Officer shall furnish each De-
pnty Returning Officer with a Toll Book, three copies
of this Proclamation, and fire copies of the " Information
for Electors."
21 Any person producing to the Deputy Return-
in"- Officer, at anv time, a written authority from a can-
didate to represent him as an agent or a PoU clerk at a
polling station, shall be recogni/ed as such by the De-
puty Returning Officer, and if no such agent or poll
clerk be nominated by the (candidate, tw^o electors, at
the request of such electors, may be recognized as the
ao-ents of such candidate.
28. In addition to the Deputy Returning Officer
and his I'oll CUerk, and each candidate and his ageni
or in such candidate's absence his two agents and poll
clerk and no others, shall be permitted to remain m the
room or place, or that part thereof, where the votes are
recorded.
29. It shall be the duty of the Deputy Returning
Officer— . . -n n rn 1
(1) To appoint in writing a Toll tJerk ;
(2) To post up on polling day before 9 a.m. at least
three of the handbills containing " Information
for Electors" in conspicuous plao°«^yf'°t^'-"*7"J'
T,nrhav. vou accepted any promise made to you, directly or Indirectly.
°o nduce Jouto^o^eat thfs election, and that you have -t before voted
Lt thi election, el.her at this or any other polling station. So help you
Ood.
31 The Deputy Returning Officer shall, while the
poll is open, if required by any elector whose name is
not on the Voters' List, administer to such elector Oath
No. 1 ; and such oath having been taken the Deputy
Returning Oftcer shall at once cause such elector s name
to be added to the Voters' List, with the word sworn
written tkereafter.
32 Every person whose name is on the Voters*
List, unless sworn as in the last preceding section pro-
vided, before beingpermitted to vote, if required by any
candidate, agent or elector, shall take Oath No. 1 , and
f be refuse ^to take the same his name shall be erased
from the Voters' List, and the words "refused to be
sworn." written thereafter.
33 Every voter shall be entitled to vote whose
name is on the Voters' List after the said List has been
coJrc'cted as provided in the next two Preceding sec-
tions but if any such voter, when required by the De-
! utv Returning Officer, or bv any candidate, agent or
TwLfrZse To take Oath No. 2, he shall not be per-
mUted to vote, and if his name has been entered m ^ne
113 Respectins: Electiom.
Poll Book, it shall bo erased, and tho words "n^fusedto
take Oath No. 2" written thereafter.
34. Whenever the Dt'puty lleturninn- Ofccer may
not understand the Innt^ua^n. of an (d.M-tor ciaimma- to
vote, he has power to swear an interpretta', to be the
means of communicatinii; between hini and su.h ek^'tor
with reference to all matters required to emible such
elector to vote.
85 Any Deputy Returnini-- Officer, candidate, agent,
or poll clerk, who belongs to a pollJni? division other
than the one in which he is performing such duty, shall
be permitted to vote at the pollini? station where, he is
actually enn'auvd in such dutv, providing- he produce a
crtiiicate from the Enuniin-ator of the iiollmg division
to whiih he belongs, that he is a qualifu'd voter in sucti
polling division ; which ccrtilicate it shall be the duty
of such Enumerator to give gratis to any qualified elector
who has been named for any such duty outside ot Ins
own polling division.
'MS 111 case any vote be recorded as V)ro\'idedin the
next preceding s.^ction, in a dilierent polling division to
that in which the voter resides, the particular o&ce
which the voter is Filling at the station at which he
voted shall be entered opposite his name m the poll
book in the column for "remarks."
POLL CLEEKf^.
37 If the Deputy Returninsx Oiicer be unable or
in any wise fail to perform his duties, the Poll Clerk
shall act in his place and appoint another Poll Clerk.
88. The Poll Clerk shall write in the Poll Book the
full name, and the occupation and residence of each
voter, and sliall opposite tkereto mark the hgure 1 in
the column for the (Candidate in wdiose favor the vote ot
such voter is given ; and immediately the vote is re-
corded he shall writ*^ - voted" after the elector's name
in the Voters' List.
;i9. The Poll Clerk shall make such additions, al-
terations, and erasures in the Voters' List,, and such en-
tries in the Poll Book as the Deputy Keturnmg Othcer
may direct him to make, or as may be required by aiiv
provision herein.
Respecting Elections.
19
CLOSE OF THE POLL.
40. At five o'clock on polliiiu- day the Deputy Re-
tuniinn- Oftcer shall declare the Poll closed, and imme-
diately thereafter he and the Poll Clerk, in the presence
•of the candidates or their ajLjents. shall sum up the votes
jj^iven each ci)ndidat(>, and shall enter in the Poll Book,
immediately below the last name recorded, and sii^n, a
certihcate in the followintr form :
We, the u«il»rBlgnod Deputy Ueliirnlng Officer and Poll Clerk for the
polll«gdlvi«i«n (Bumlier or other designation) of th» Electorfcl Dlstrlc* of
•olrmtily declare thut to tk* bent of our knowledge
and l)oll«f this (or th») Poll ftooW for the Ball polling division contains a
true and exact r«cord of the votei polled mi th» polling «tatl»n thereof;
thAt \f« hftT»faitlifnlly (-•untftd the vot.'s jiTon lor each candidate, and
that the namber recordrl for (liere inseri name «»f one cuBdldate) was
(and so on for i-ach of tli« candidates.)
In wUnert whwreof wo hereto set our hanis thl»
(Hlfnatnre) A. B.. Deputy Eeturnlng Otlcer.
C I)., Poll Clark.
41. A duplicate copy of the ibregoiiis? certificate
shall be made out and signed in the same manner, on a
separate sheet of paper, which duplicate shall be kept
by the Deputy Returnini? Ofiicer, after he has forwarded
th(5 Poll Book and Voters' List to the Returning Officer ;
and if by any .means the Poll Book should be lost or
destroyed, he shall deliver the said duplicate certificate
■ 1o the Returning Oflficer.
42 Every Poll Clerk on being requested so to do
by any candidate or his agent, shall deliver free of charge
to such candidate or agent a copy of the certificate made
by the Deputy Returning Ofiicer and himself at the
close of the Poll.
FINAL SUMMING UP OF VOTES.
43. The Returning Officer, at the place, day and
hour appointed bf his Election Notice, and after having
received all the Poll Books, shall proceed to open them
in the presence of the Election Clerk, the candidates or
their representatives, if present, or of at least two elec-
tors, and to add tosxether the number of votes given for
each candidate from the Poll Books of the several poll-
ing divisions returned bv the Deputy Returning Offi-
cers ; but if all the Poll Books be not receired on the
day named in the Elciiion Notice, he may adjourn the
final summing up of votes until every Poll Book, or m
its absence, the duplicate certificate of the Deputy He-
turning Oifieer end Poll Clerk, has been received.
20
Vif^^liPriny^- Kl^<-h''ii><.
xningtpottheVotes,be found to havo, a majonty of
tS shall-bo thon declared elected,
4'! When on the final addition of votes by the
Sli g"v« such ad.li.inn.l or .-.sting vr,t.v
46 TIh! T{«1..t„mi>.' OHm-ct, aftor such ver,Hcati.m
47 The RHurr.iuL' Officer shall forward to t-ach of
the relpSive -ndidttes a copy of his return to the
Clerk of the(Nuincil.
4« The Tteturriin- Officer shall accompany his re-
proceeding. nKh.an.g t h. n n W .Ko« ._^. ^^^^
cSalf the roll Book, and Voters' Li.ts of the several
polling diviBions.
OENBRi-L PROVISIONS.
49. It Bhall bo the duty of the Clerk of tl^ Co.vn-l
for the same, as may be .Ptf''""!^ i y
Governor; also -J-ff^f ^T^y^ ZumZior, three
proclamation to allow two i" •'"^*^'^ . , .-> r>^,
?o each Deputy Returning Officer, and s,x to the Ke
turning Officer.
speak the Frencli xanguag^. ^^u.n i ^^^
tices shall be isiu^d in the English ana rreu
guageJi
Re»r)ecting BUdioM.
21
Ki Th0 RptUTuine Oficer shall not delay proceed-
in^ wk itlS^^ may discover
inpc witu an uecu , prescribed under this Tro-
• frf^ np;son signing a nomination paper received by
him "from aLTother cause, unless he ascertam that
?h^ ;.oU aHnv polling station has been so obstructed
Council.
t\£ nhTrcui^oV^fofhe foregoing pro-
visions.
(lf which all persons whom these presents may
concemlr^etr^by^^quired to take notice and govern
themselves accordingly.
Given under my hand and the seal of
the North-West Territories at Go-
vernment House, Battleford, m the
said Territories, this fifth day of
February, in the year of our Lord
one thousand eight hundred and
eighty-one, and in the forty-fourth
year of Her Majesty's Reign.
DAVID LAIRD, [l-s.]
Z^:;:^!^-^ by p. G. La«.l., PrluUr to the Government of the
® No VtlJwest Territoriei.
GOVERNMENT HOUSE, BATTLEFOKJ).
28rnTun.' 1881.
Whereas by sub-sectiou foiir ol' sec' on one of Ordi-
nance No. 4 of 1878, intituled "An Ordmun. l especting
the Administration of Civil Justice" it is in r li. ct enm^ied
that the Lieutenant-Crovernor may ai^' "h my of the
Judicial Districts defined in the said >.^;iion into one
or more Divisions, His Honor has boon pleased to order,
and it is hereby ordered, that the Saskatchewan District
be divided into three Divisions as follows :
All that portion of the said Saskatchewan District
comprised between the one hundred and seventh and
the one hundred and eleventh Meridians of West Lont^'i-
tude shall be a Division of such District under the name
of " Division No. 1";
All that portion of the said Saskatchewan District
east of Division No. 1 shall be a Division of such Dis-
trict under the name of "Division No. 2 ;"
And all that portion of the said Saskatchewan Dis-
trict west of said Division No. 1 shall be a Division of
said District under the name of " Division No. 3."
Approved.
DAVID LAIRD,
Lieut.-Govemor.
B»ttlef»rd: Printed by P. U. Laurio, Printer to the Government of the
North-West Terrltorto*.