'Ditch or drain" Construction" "Maintenance" "Public work" "Written" or "writing" "Official valuator" "Owner" 'Outlet" "Person" "Ferry" or "ferries" "Licence" and set aside as a public highway under the provisions of The North-West Territories Act or this Ordinance; 10. The expression "ditch" or "drain" means any ditch or drain open or covered wholly or in part and whether in the channel of a natural stream, creek, or watercourse or not and also the work and materials necessary for any culvert, catch basin or guards; and any ditch or drain constructed by the department may be called "Government Ditch" and distinguished by a number; 11. The expression "construction" means the original work of constructing any public work or opening or making any road allowance, road, ditch, or drain; 12. The expression "maintenance" means and includes the preservation and keeping in repair of any public work, road allowance, road, ditch or drain; 13. The expression "public work" means lands, streams, watercourses and property (real or personal) heretofore or hereafter acquired for public works; dams, hydraulic works and other works for improving the navigation of any stream; dams, slides, piers, booms or other works for facilitating the transmission of logs or timber; dams erected for the storage of water, water powers and works connected therewith; roads, culverts, bridges, ditches, drains, public buildings and wells; 14. The expression "written" or "writing" or terms of like import mean and include words printed, engraved, lithographed or otherwise traced or copied; 15. The expression "official valuator" means the official appointed to that position as herein provided; 16. The expression "owner" includes any person who by any right, title or estate whatsoever is or is entitled to be in possession of any land: 17. The expression "outlet" means any river, creek, watercourse or natural drainage channel; 18. The expression "person " includes partnerships and companies; 19. The expression "ferry" or "ferries" means any scow, barge or boat used for the purpose of carrying passengers, freight, vehicles, or animals across any river, stream or other body of water and the cable and appliances connected therewith; 20. The expression "licence" means the licence issued to any person to operate a ferry under the provisions of this Ordinance. 1901, c. 4, s. 2. ORGANISATION AND DUTIES OF THE DEPARTMENT. of department 3. There shall be a department of the public service of the Organisation North-West Territories called the Department of Public Works over which the member of the Executive Council appointed by the Lieutenant Govenor under the seal of the Territories to discharge the functions of the Commissioner of Public Works Commissioner for the time being shall preside. 1901, c. 4, s. 3. of public works 4. The commissioner shall have the administration, man- Administration agement and control of the department and of the general business thereof; and shall oversee and direct the officers, clerks and servants of the department. 1901, c. 4, s. 4. buildings 5. The commissioner shall also have the management, Government charge and direction of the construction, heating, lighting, furnishing, maintenance and keeping in repair of all government buildings. 1901, c. 4, s. 5. 6. (Repealed) 1903, 2nd session, c. 3, s. 1. Maps and 7. The commissioner shall also have the control and man- Control of public works agement of the construction and maintenance of all public works; and of the issue of any and all maps and plans needed by the department or by any other department of the North- plans West Government; he shall also deal with all questions affecting obstructions to any road allowance or public highway Public which has been vested in the North-West Government for pub- highways lic use, including the crossing of such road allowances or public highways by irrigation ditches, canals or other works; and with the providing and maintaining of public or private fer- Ferries ries as herein provided on any river or stream or other body of water in the Territories; and shall have such other powers and duties as may from time to time be assigned to him by the Lieutenant Governor in Council. 1901, c. 4, s. 7. 8. (Repealed) 1903, 2nd session, c. 3, s. 1. 9. (Repealed) 1903, 2nd session, c. 3, s. 1. VERIFICATION OF ACCOUNTS. 10. The commissioner may require any account sent in by any person employed by the department to be verified by oath, affirmation or statutory declaration which as well as that to be taken by any witness may be administered or taken by the commissioner or by the deputy commissioner. 1901. c. 4, s. 10. Deputy commission Duties of deputy commissioner Accounts may oath be attested on Examination 11. The commissioner may by a notice in writing signed by of witnesses him require the attendance before him at a time and place to Compelling attendance Renumeration Penalty for noncompliance Public works, etc., to be the Majesty and controlled by department be named in the notice of any person deemed necessary touching any matter upon which his attendance is required; and may by the notice require such person to bring with him all papers, plans, books, documents and things in the possession or under his control bearing in any way upon the matter so before him; and at the time and place appointed by the notice examine the person so notified to be present on oath touching the matter aforesaid. (2) For the time lost and expenses incurred by any person in obedience to such notice, such person shall be entitled to reasonable remuneration to be paid out of the general revenue fund by the Treasurer on the certificate of the commissioner. (3) Any person wilfully neglecting or refusing in any way to comply with the notice of the commissioner or to be examined as aforesaid shall be guilty of an offence and liable on summary conviction to a fine of $25 and on nonpayment of such fine forthwith after conviction to imprisonment for one month. 1901, c. 4, s. 11. PUBLIC PROPERTY. 12. All lands, streams, watercourses and property (real or property of His personal) heretofore or hereafter acquired for the use of public works; all dams, hydraulic works and other works for improving the navigation of any water; all slides, dams, piers, booms and other works for facilitating the transmission of logs or timber; all dams erected for the storage of water; all hydraulic powers created by the construction of any public work; all roads and bridges; all public buildings; all vessels, dredges, scows, tools, implements and machinery for the improvement of navigation; all drains and drainage works; all ferries; all wells; and all property heretofore or hereafter acquired, constructed, repaired, maintained or improved at the expense of the Territories and not under the control of the Dominion Government shall be and remain vested in His Majesty and so far as not under the control of any other department shall be under the control of the department of public works. 1901, c. 4, s. 12. Other works may be declared public works Maps, etc., not private property, may be 13. The Lieutenant Governor in Council may from time to time declare any other property (real or personal) and any works, roads, bridges, harbours, booms, slides, buildings or other thing specified in the last preceding section and purchased or constructed at the public expense to be public works subject to the provisions of this Ordinance; and they shall thenceforth be vested in His Majesty and under the control of the department. 1901, c. 4, s. 13. 14. Any person having possession of any maps, plans, specifications, estimates, reports or other papers, books, drawings, instruments, models, contracts, documents or records relating to any public work who refuses or neglects upon demand of the commissioner or other person authorised to require it forthwith to deliver the same to the department shall be guilty of an offence and liable on summary conviction thereof to a penalty of $25 and on nonpayment forthwith on conviction to imprisonment for one month. 1901, c. 4, s. 14. required by department Public pro perty may be 15. Any property (real or personal) when no longer required for the use of any public work may be sold, leased or other- sold wise disposed of under the authority of the [commissioner] and the proceeds of all such sales, leases and dispositions shall be accounted for as public money: Provided always that such property shall whenever practicable be so sold, leased or disposed of by tender or public auction. 1901, c. 4, s. 15; 1903, 2nd session, c. 3, s. 2. CONTRATCS. Proviso Commissioner may enter into 16. The commissioner shall have power to enter into any contract with any person or corporation that may be neces- contract sary or advisable in carrying out the provisions of any Ordinance of the Legislative Assembly; but no deeds, contracts or writings shall hereafter be deemed to be binding on the department nor shall be held to be the acts of the commissioner unless signed by him or by the deputy commissioner. 1901, c. 4, s. 16. Tenders to be 17. It shall be the duty of the commissioner to invite tend- invited ers by public advertisment or by other public notice for the construction and repair of all public works except in cases when from the nature of the work it can be more expeditiously Exceptions and economically executed by order or commission or by or under the direction of the officers of the department. 1901, c. 4, s. 17. Security for performance of contracts 18. The commissioner when any public work is being carried out by contract and in other cases may require that security be given to and in the name of His Majesty for the due performance of the work within the amount and time specified for its completion; and in all cases where it seems to the commissioner not to be expedient to let such work to the lowest bidder it shall be his duty to report the same and obtain the authority of the Lieutenant Governor in Council previous to Where conpassing by such lowest tender; but no sum of money shall be to the lowest paid to the contractor nor shall any work be commenced on any contract until the contract has been signed by all the parties named therein nor until any security required has been given. 1901, c. 4, s. 18. tracts not let bidder Contract to enure to His Majesty 19. All contracts respecting any public works or property (real or personal) under control of the department heretofore or hereafter entered into by the commissioner or by any other person duly authorised to enter into the same shall enure to the benefit of His Majesty and may be enforced as if they had been entered into with His Majesty under the authority of this Ordinance. 1901, c. 4, s. 19. Actions to be Attorney Copies of records, etc., when attested to be prima facie evidence ACTIONS AND SUITS. 20. All actions, suits and other proceedings for the enforcement of any contract or for the recovery of any damages for any tort or breach of contract or for the trial of any right in respect of any property (real or personal) under the control of the department shall be instituted in the name of His Majesty by the Attorney General. 1901, c. 4, s. 20. EVIDENCE OF RECORDS, ETC. 21. Copies of any records, documents, plans, books, or papers belonging to or deposited in the department attested under the signature of the commissioner or of the deputy commissioner shall be prima facie evidence of the same and shall have the same legal effect as the original in any court or elsewhere. 1901, c. 4, s. 21. Annual report ANNUAL REPORT OF THE DEPARTMENT. 22. The commissioner shall make and submit to the Lieutenant Governor an annual report on all the works under the control of the department to be laid before the Legislative Assembly within ten days from the commencement of the session next following the end of the year for which such report is made with such further information as may be requisite to enable the Legislative Assembly to judge of the working of the department. 1901, c. 4, s. 22. PUBLIC WORKS DISTRICTS. Public works district District surveyors and engineers 23. The Lieutenant Governor in Council may from time to time set aside any portion of the Territories as a public works district; and a notice of the Order setting aside any district describing the boundaries of the district shall be published in the official gazette. 1901, c. 4, s. 23. 24. The Lieutenant Governor in Council may appoint one or more qualified persons as district surveyors and engineers for any public works district; and may define their duties and |