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witnesses

43. No person shall be compelled to give any evidence or Evidence to be

given by, and produce any document which he would

not be compelled to give attendance of, or produce at a trial in the Supreme Court of the Territories : and every witness shall be allowed in addition to his reasonable witness fees travelling expenses a sum not exceeding that usually allowed to witnesses in the Supreme Court of the Territories at the discretion of the arbitrators, such remuneration to be paid by the party requiring his attendance. No. 17 of 1897, s. 44

44. In awarding upon any claim arising out of any contract Award of in writing, the arbitrators shall decide in accordance with the arbitrators stipulations in such contract and shall not award compensation to any claimant on the ground that he expected a larger sum of money in performance of his contract than the amount stipulated therein; nor shall they award interest on any surn of monry which they consider to be due to such claimant in the absence of any contract in writing stipulating for payınent of such interest; and any clause in any such contract in which a drawback or penalty is stipulated for the niin-performance of any condition ther of or any neglect to complete any public work or to fulfil any covenant or promise in such contract shall not be construeil a in the nature of penalty but as importing an assessment by mutual consent of the damages caused by such non-performance or neglect. No. 17 of 1897, s. 55.

45. In the investigation of any claim, the arbitrators shall Evidence to

recorded canse all legal evidence offered on either side to be taken down in writing and recorded in writing and shall make and keep a list of all plans, receipts, vouchers. documents and other papers which may be produced before them during such investigation; but except with they may (with the consent in writing of the commissioner and consent of

both parties of the opposite party) take the testimony of the witnesses adduced on either side orally and in such case need not reduce it to writing. No. 17 of 1897, s. 46.

46. If the sum awarded in any case be greater than the sum Cost of tendered, the commissioner on bebalf of the Territories shall arbitration pay the costs of the arbitration ; but if less the costs shall be paid by the person who refused the tender; and such costs shall in the cases where the award is in favour of the claimant be paid by the Government in addition to the sum awarded and shall where the award is in favour of the Government be paid by the claimant.

(2) The tariff of costs relating to matters and causes in the Supreme Court and the taxation thereof shall be applicable to arbitration under this Ordinance. No. 17 of 1897, S. 47.

AID TO LOCAL IMPROVEMENT DISTRICTS.

districts, how to be made

47. In oriler to aid local improvement districts the Lieuten-Grants to ant Governor in Council may direct that out of any legislative appropriation made for that purpose there shall be paid to the overseer of any local improvement district for the benefit of

the district an amount for each day upon which local improve

ment work has been done ; but no such grant shall be paid un· less the overseer of the district has on or before the first day of November of the year for which the grant is to be paid forwarded to the commissioner the returns required by The Local Improvement Ordinance. No. 17 of 1897, s. 48; No. 28 of 1898. 5. 20; No. 40 of 1898, s. 2.

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CHAPTER 10.

An Ordinance Respecting the Treasury Department

and the Auditing of the Public Accounts.

THE Lieutenant Governor by and with the advice and con

as follows:

SHORT TITLE.

1. This Ordinance may be cited as The Treasury Depart- Short title ment Ordinance." No. 16 of 1897, s. 1.

INTERPRETATION.

“Board”

22

or

"public

2. In this Ordinance unless the context otherwise requires-- Interpretation (a) The expression “ treasurer” means the member of the “Treasurer"

Executive Council appointed to act as Territorial

treasurer ; (6) The expression “auditor” means the Territorial audi- “Auditor"

tor;
©) The expression “ board” means the treasury board;
(d) The expression “ department” means the treasury de. “Departmert"
d

partment;
(e) The expressions "public revenue," "revenue,” and Public
e

"
public money

respectively mean all revenue and revenue
public moneys arising from any source whatever, money"
a hether such revenue and moneys belong to the
Territories or are held by the Territories or collected
or held by officers of the Territories for or on acrount
of or in trust for any province forming part of the
Dominion or for the Dominion or for the Imperial

Government or for any other party or person.
(1) The expression “ revenue officer” means any person « Revenue

employed in collecting, managing or accounting for officer"
revenue or in carrying into effect any laws relating
thereto or in preventing the contravention of any such
laws; and so far as regar Is accounting for and paying
over such revenue, the said expression includes any
person who has received or has been entrusted with
any public money whether such person was regularly
employed for such purpose or not. No. 16 of 1897, s. 2.

ORGANISATION AND FUNCTIONS OF DEPARTMENT.

3. There shall be a repartment of the public service of the organisation Territories, to be called "the Treasury department" over which the member of the Executive Council appointed by the Lieut.Governor under the sea of the Territories to discharge the

functions of the Territorial treasurer for the time being shall preside. No 16 of 1897, s. 3.

Functions

4. The department shall have the management and control of the revenue and expenditure of the Territories. No. 16 of 1897, s. 4.

GENERAL REVENUE FUND.

what to consist of

General 5. All revenues whatever however arising or received over reperhe fund, which the Legislative Assembly of the Territories has power of

appropriation (excepting moneys which may otherwise be specially disposed of by the Legislature) shall form one general revenue fund to be appropriated for the public service of the Territories. No. 16 of 1897, s. 5.

What

6. The general revenue fund shall be permanently charged charged with with all costs, charges and expenses incident to the collection,

management and receipt thereof, such costs, charges and expenses being subject nevertheless to audit and to legislative review and vote. No. 16 of 1897, s. 6.

Appropriations from general

7. The Legislative Assembly shall not adopt or pass any

vote, resolution, address or bill for the appropriation of any and has made part of such general revenue fund to any purpose which has

not been tirst recommended to the said Legislative Assembly by message of the Lieutenant Governor during the session in which such vote, resolution, address or bill is proposed. No. 16 of 1897, s. 7.

COLLECTION AND MANAGEMENT OF REVENUE.

Appointment of revenue officers

8. The Lieutenant Governor in Council may from time to time determine what revenue officers it is necessary to employ and assign their names of office and fix their salaries and appoint the times and manner in which the same shall be paid : but no such officer shall receive a higher salary than is allowed in his case by any Ordinance of the Legislative Assembly then in force nor shall any such salary be paid unless voted by the said Legislative Assembly. No. 16 of 1897, s. 8.

Officers
employed on
any duty to
be deemed
proper officers
for such
duty, etc.

9. Every revenue officer employed on any duty or service by the Order or with the concurrence of the Lieutenant Governor in Council shall be deemed to be the proper officer for that duty or service: and everything required by any law to be done by, to or with any particular officer designated for that purpose in such law shall (when done by, to or with any person appointed or authorised by the Lieutenant Governor in Council to act in behalf of such particular officer) be deemed to be done by, to or with such particular officer. No. 16 of 1897, s. 10.

Oficers of one branch may

10. Any revenue officer employed for any branch of the revenue may be employed for any other hranch thereof whenever it is deemed advantageous for the public service so to ein- be employed ploy him. No. 16 of 1897, s. 11.

in others

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11. The Lieutenant Governor in Council may from time to Hours of time appoint the hours of general attendance of the revenue

attendance officers at their places of employment and may also appoint the times during such hours or the seasons of the year at which any particular portions of their duties shall be performed; and a notice of the hours of general attendance so appointed shall be constantly posted up in some conspicuous place in such places of employment. No. 16 of 1897, s. 12.

accounts

12. The Lieutenant Governor in Council may direct any Books and l'evenue officer to keep any books or accounts for the purpose of obtaining any statistical information touching the resources or public works of the Territories, or other matter of public interest and may authorise any necessary expense for that purpose. No. 16 of 1897, s. 13.

control of

13. The Lieutenant Governor in Council may from time to Oversight and time assign the immediate oversight and control of any revenue officers officers to such of the public departments as may be deemed convenient; and in default of other assignment such immediate oversight and control shall rest with the Treasury department. No. 16 of 1897, s. 14.

revenue

14. All revenue shall be paid promptly to the treasurer Payment of through such officers, banks or parties and in such manner as the Lieutenant Governor in Council may from time to time direct. No. 16 of 1897, s. 15.

previous year

15. Revenues for the previous fiscal year may be received Revenue of at the office of the treasurer and placed to the credit of such fiscal year's account up to and inclusive of the fifth day of January in each year. No. 16 of 1897, s. 16.

.

of revenue

16. The Lieutenant Governor in Council may from time to Accounting time appoint the times and modes in which any revenue officer officers shall account for and pay over the public moneys which come into his hands; and may determine the times, manner and form in which and the officer by whom any licences on which any duty is payable are to be issued; but such accounts and payments shall be rendered and made by such officers at least once in every three months. No. 16 of 1897, s. 17.

17. Every revenue officer on receiving public money shall Duty of forth with deposit the same in his name of office in such officer on chartered bank as the Lieutenant Governor in Council may ap- inoney

receiving point: and no money so deposited shall be paid out again except for the purpose of being paid to the treasurer on the written order or official cheque of the officer so depositing or of his successor; and every such officer shall keep his cash book Cash book written up daily; and all his books, accounts and papers shall at all times during office hours be open to the inspection of any

revenue

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