Permit for construction

Right of holder of permit

Arbitration to fix

location of the proposed ditch, the name of the owners of lands crossed by such ditch and the outlet for the ditch together with any further information necessary to a clear understanding of the location and character of the proposed undertaking; and such plan shall be accompanied by a detailed report by the engineer regarding the manner in which lands crossed by the ditch will be affected thereby, the probable cost of completing the construction of the ditch and any further information required by the commissioner. 1901, c. 4, s. 42.

31. The application, plan, report and estimates required by the next preceding section shall be filed in the department and if approved by the commissioner a permit shall be issued to the applicant authorising him to proceed with the construction of the proposed ditch or drain and granting a definite period for the completion of such construction. 1901, c. 4, s. 43.

32. The holder of a permit for the construction of a ditch or drain may proceed with such construction across any lands in whomsoever vested doing no unnecessary damage thereto or thereon but shall first pay for the right of way required for such ditch or drain. 1901, c. 4, s. 44.

33. If the holder of such permit is unable to agree with the compensation owner of any land crossed by such ditch or drain as to the compensation to be paid for the right of way required therefor they shall proceed to arbitrate the question of such compensation under the provisions of The Arbitration Ordinance. 1901, c. 4, s. 45.

Ordinance to apply to

34. This Ordinance shall apply to government ditches the ditches begun examination for which has been made but the construction of which has not been completed prior to the passing of this Ordinance.

Repeal

REPEAL.

35. Sections 31 and 46 both inclusive of The Public Works Ordinance being Chapter 4 of the Ordinances of 1901 are hereby repealed.

An Ordinance respecting the Confirmation of Sales of
Land for Taxes.

(Chapter 12 of 1901.)

THE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts

as follows:

parties

have notice

1. No application for an order for confirmation of a sale of On application land for taxes made under the provisions of any Ordinance of interested the Territories shall be heard by a judge until all persons appearing by the records of the proper land titles office to have any interest in the said land have received notice of such application unless such notice is dispensed with by the judge.

(2) Such notice shall be given by summons of the judge obtained ex parte to be served in such manner as the judge may direct and returnable in one month or such longer time as the judge may direct after service thereof.

redeem

2. Any person interested in such land may at any time before Right to the time [of] hearing such application redeem the said land by paying to the purchaser or his assignee the amount of the purchase money paid and any further sums charged against the said land and lawfully paid together with twenty per cent. thereon and such costs as the judge may allow.

[(2) Upon the return of any summons granted under the provisions of section 1 if it is made to appear to the judge that any person who is entitled and desires to redeem the said land has been unable to do so because of his inability to ascertain the proper amount to be paid to redeem the said land the judge may adjourn the hearing of the said application and may order an account to be taken or may give such other directions as to him shall seem meet.] 1903, 1st session, c. 9, s. 1.

redemption

3. From the time of payment to the purchaser or his assignee After of the amounts mentioned in the next preceding section all purchaser's right and interest of the purchaser in the said land shall cease cease and determine.

interest to

prima facie

4. Subject to the foregoing provisions on any application Transfer for an order for such confirmation the production of a transfer evidence of the said land executed by the proper officer shall be prima jacie evidence that all conditions have existed and all acts been performed and all requirements of the Ordinance in that behalf been complied with necessary to entitle the applicant to the order of confirmation applied for.

When transfer conclusive evidence

Repeal

(2) If such application be not made until after the expiration of one year from the date of the transfer such transfer shall be conclusive evidence that all conditions have existed and all acts been performed and all requirements of the Ordinances in that behalf been complied with necessary to entitle the applicant to the order of confirmation applied for except on one of the following grounds:

1. Fraud or collusion.

2. That all taxes have been paid;

3. That the land was not liable to assessment.

5. Chapter 10 of the Ordinances of 1900 is hereby repealed.

CHAPTER 110.

An Ordinance respecting Hail Insurance.

(Chapter 7 of 1903, 1st session.)

THE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:

SHORT TITLE.

1. This Ordinance may be cited as "The Hail Insurance Short title Ordinance." 1901, c. 9, s. 1.

INTERPRETATION.

2. In this Ordinance unless the context otherwise requires- Interpretation 1. The expression "crop" or "growing crop" means all the Crop wheat or all the oats or all the barley or all the flax or all the speltz or all or any of them specially referred to and growing on the area defined in the application for insurance;

2. The expression "minister" means the member of the Execu- Minister tive Council for the time being administering this Ordinance. 1901, c. 9, s. 2.

to be

3. Unless and until the Lieutenant Governor in Council other- Ordinance wise orders this Ordinance shall be administered by the administered Territorial Treasurer. 1901, c. 9, s. 3.

by Territorial Treasurer

authorised to

of insurance

4. Subject to the provisions of this Ordinance and on behalf Minister of the Government of the Territories the minister may and make contract he is hereby empowered to enter into a contract to indemnify against actual loss or injury to growing crops by hail to an amount of $4 for each and every acre insured.

(2) No contract shall be valid or binding where the application made under section 5 of this Ordinance is not made before the crops insured shall have been injuriously affected by hail. 1901, c. 9, s. 4.

and receipt to

5. Every application for insurance shall be in form A in the Application schedule hereto; and each such application with the receipt of form contract the minister therefor shall for all the purposes of this Ordinance be deemed the contract of insurance.

(2) The provisions of this Ordinance shall be deemed to be and shall form a part of every contract of insurance. 1901, c. 9,

s. 5.

Post office address to be

given

Fee to be paid on application

Transmission

of application
forms
and fees

Notice of loss to be given

Examination of area affected

Appraisement of loss

6. Each application shall contain the name of the post office to which all notices under this Ordinance shall be mailed. 1901, c. 9, s. 6.

7. With every application for insurance the applicant shall in addition to an application fee of fifty cents pay to the minister the sum of fifteen cents for every acre to be covered by insurance:

Provided that where the applicant for insurance has only a partial interest in the crop to be insured the rate to be paid per acre shall be that proportion of fifteen cents that the interest of such applicant is in the crop and the insurance to be effected shall be only an insurance of such interest.

(2) No application for insurance shall be accepted from any person who has not fully paid up all amounts due by him under this Ordinance. 1901, c. 9, s. 7.

8. The minister is hereby authorised to make such arrangements for the collection and transmission of application forms and fees as may seem to be advisable and necessary:

Provided that the cost of such collection and transmission shall in no case exceed the amount of the application fee provided for in the next preceding section.

APPRAISEMENT OF LOSS OR DAMAGE BY HAIL.

9. Whenever any crop insured under this Ordinance is injured by hail the person whose interest in such crop is insured shall forthwith notify the minister by registered letter and shall also notify such person as may have been designated by the minister for that purpose.

(2) Such notification shall be deemed to be sufficient if made by the insured person or by any one else on his behalf. 1901, c. 9, s. 8.

10. The minister may cause an examination to be made from time to time of any area reported to have been affected by hail. 1901, c. 9, s. 9.

11. The minister shall appraise the actual loss or damage done by hail to any crop insured under this Ordinance.

(2) In case of loss or injury by hail where it is found that through error or mistake the number of acres of crop insured on any river lot or quarter section forms only a part of the total acreage under crop on the river lot or quarter section in which the person insured has any interest, the minister may pay that percentage of the amount of the indemnity payable on account of such loss or injury that the area insured is of the said total area under crop.

(3) For the purpose of adjustment under this Ordinance no account shall be taken of the value of the crop and in the event