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Justices may appoint constables

Duration of office

Oath

CHAPTER 33,

An Ordinance respecting Constables.

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

1. Any justice of the peace may in writing appoint one or more constables whose powers and duties as such shall extend to the whole of the Territories; such appointment to be in force for the time mentioned in the appointment but shall at no time be longer in force than until the thirty-first day of December then next followng the date of such appointment or until any process on the said thirty-first day of December in his hands be executed. C.O., c. 33, s. 1.

2. Every constable so appointed shall before entering upon the duties of his office take and subscribe before a justice of the peace the following oath :

I, having been appointed constable for the North-West Territories do solemnly swear that I will truly, faithfully and impartially perform the duties appertaining to the said office according to the best of my skill and ability. So help me God. C.O., c. 33. s. 2.

CHAPTER 34,

An Ordinance respecting Distress for Rent and Extrajudicial Seizure.

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

Costs in

rates in

1. No person whosoever making any distress for rent nor distraints any person whosoever employed in any manner in making such not to exceed distress or doing any act whatsoever in the course of such dis- schedule tress or for carrying the same into effect shall have, take or receive out of the proceeds of the goods and chattels distrained upon and sold or from the tenant distrained on or from the landlord or from any other person whomsoever any other or more costs and charges for and in respect of such distress or any matter or thing done therein than such as are fixed in the schedule to this Ordinance and applicable to each proceeding which shall have been taken in the course of such distress and no person or persons whosoever shall make any charge whatsoever for any act, matter or thing mentioned in this Ordinance or in the said schedule unless such act, matter or thing shall have been really performed or done. C.O., c. 34, s. 1.

chattel

etc., costs

2. No person whosoever making any seizure under the Seizure under authority of any chattel mortgage, bill of sale or any other mortgages, extra judicial process whatsoever nor any person whosoever regulated employed in any manner in making such seizure or doing any act whatsoever in the course of such seizure or for carrying the same into effect shall have, take or receive out of the proceeds of the goods and chattels seized and sold from the person against whom the seizure may be directed or from any other person whomsoever any other or more costs and charges for and in respect of such seizure or any matter or thing done therein or thereunder than such as are fixed in the schedule hereto and applicable to each act which shall have been done. in course of such seizure and no person or persons whosoever shall make any charge whatsoever for any act or matter or thing mentioned in the said schedule unless such act, matter or thing shall have been really performed and done. C.O., c. 34,

s. 2.

costs

3. If any person making any distress or seizure referred to Penalty for taking in sections 1 and 2 of this Ordinance shall take or receive any excessive other or greater costs than are set down in the said schedule or make any charge whatsoever for any act, matter or thing mentioned in the said schedule and not really performed or

Distraint for rent limited

to property of tenant

Exceptions

Distress for interest on mortgage

Notice of sale

done the party aggrieved may cause the party making the said distress or seizure to be summoned before the Supreme Court of the judicial district in which the goods and chattels distrained upon or seized or some portion thereof lie and the said Court may order the party making the distress or seizure to pay to the party aggrieved treble the amount of moneys taken contrary to the provisions of this Ordinance and the costs of suit. C.O., c. 34, s. 3.,

4. A landlord shall not distrain for rent on the goods and chattels the property of any person except the tenant or person who is liable for the rent although the same are found on the premises; but this restriction shall not apply in favour of a person claiming title under or by virtue of an execution against the tenant or in favour of any person whose title is derived by. purchase, gift, transfer or assignment from the tenant whether absolute or in trust or by way of mortgage or otherwise nor to the interest of the tenant in any goods on the premises in the possession of the tenant under a contract for purchase or by which he may or is to become the owner thereof upon performance of any condition nor where goods have been exchanged between two tenants or persons by the one borrowing or hiring from the other for the purpose of defeating the claim of or the right of distress by the landlord nor shall the restriction apply where the property is claimed by the wife, husband, daughter, son, daughter-in-law or son-in-law of the tenant or by any other relative of his in case such other relative lives on the premises as a member of the tenant's family. C.O., c. 34, s. 4.

5. The right of a mortgagee of land or his assigns to distrain for interest in arrear or principal due upon a mortgage shall notwithstanding anything stated to the contrary in the mortgage or in any agreement relating to the same be limited to the goods and chattels of the mortgagor or his assigns and as to such goods and chattels to such only as are not exempt from seizure under execution. C.O., c. 34, s. 5.

6. Goods distrained for such interest or principal shall not be sold except after such notice as is required to be given by a landlord who sells goods distrained for rent. C.O., c. 34, s. 6.

SCHEDULE.

1. Levying distress

2. Man in possession, per day

3. Appraisement, whether by one appraiser or more, two
cents on the dollar on the value of goods up to $500
and one per cent. on the dollar for each additional

$1 00

1 50

$500 or fraction thereof up to $2,000, and onehalf per cent. on all sums over that amount. 4. All reasonable and necessary disbursements for advertising.

5. Catalogue, sale, commission and delivery of goods, three per cent. on the net proceeds of the goods up to $1,000 and one and one-half per cent. thereafter.

THE

CHAPTER 35.

An Ordinance respecting Arbitration.

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

SHORT TITLE.

Short title

Interpretation

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1. This Ordinance may be cited as "The Arbitration Ordinance." C.O., c. 35, s. 1.

INTERPRETATION.

2. In this Ordinance unless the contrary intention appears: "Submission 1. "Submission" means a written agreement to submit present or future differences to arbitration whether an arbitrator is named therein or not;

"Court"

"Judge"

"Rules of Court

Effect of submission

Submission includes

provisions in schedule

Stay of proceedings

2. "Court" means the Supreme Court of the North-West Territories;

3. "Judge" means a judge of the Supreme Court of the North-West Territories;

4. "Rules of Court" means the rules of the Supreme Court of the North-West Territories. C.O., c. 35, s. 2.

REFERENCES BY CONSENT OUT OF COURT.

3. A submission unless a contrary intention is expressed therein shall be irrevocable except by leave of the Court or a judge and shall have the same effect in all respects as if it had been made an order of Court. C.O., c. 35, s. 3.

4. A submission unless a contrary intention is expressed therein shall be deemed to include the provisions set forth in the schedule to this Ordinance so far as they are applicable to the reference under submission. C.O., c. 35, s. 4.

5. If any party to a submission or any person claiming through or under him commence any legal proceedings in any Court against any other party to the submission or any person claiming through or under him in respect of any matter agreed to be referred any party to such legal proceedings may at any time after appearance and before delivering any pleadings or taking any other steps in the proceedings apply to that Court to stay the proceedings and that Court or a judge thereof if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission and that the

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