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CHAPTER 13.

An Ordinance Respecting Security to be Given by

Public Officers.

THE

sent of the Legislative Assembly of the Territories enacts as follows:

furnish

1. Every person appointed to any office or employment by Persons to or under the Government of the Territories or to any office or security employment of public trust or wherein he is concerned in the collection, receipt, disbursement or expenditure of any public inoney and who by reason thereof is required to give security shall within one month after notice of such appointment if he is then in the Territories or within three months if he is then ab. sent from the Territories (unless he sooner arrives in the Territories, and then within one month after such arrival) give and Time and enter into a bond or bonds or other security or securities in manner of such sum and with such sufficient sureties as are approved of security by the Lieutenant Governor in Council or by such other officer or person as they may appoint for the due performance of the trust reposed in him and for his duly accounting for all public moneys entrusted to him or placed under his control." R.O. C. 4, s. 1.

giving

2. Whenever any person is required under this Ordinance or Bond solely or by any Order of the Lieutenant Governor in Council to give bond or security for the due performance of the duties of any office to which he has been or is about to be appointed, such person may either solely or together with any suretics as the case may be give such securities by bond in the form A in the schedule to this Ordinance or to the like effect. R.O. c. 4, s. 2.

3. Whenever a bond made according to said form A or ar.y Short form other bond (expressed to be made in pursuance of this Ordinance or referring thereto) contains the form of words set forth in column one of the said form, such bond shall be construed and have the same effect as if it contained the form of words set forth in column two of the said form. R.O. C. 4, s. 3.

4. Any recitals may be inserted prior to the condition of the Adaptation bond and the feminine gender may be substituted for the masculine or the plural number for the singular or vice versa in any form in the first column of the said forin and correspond- ing changes shall in such case be taken to be made in the corresponding form in the second column; and any express exceptions or qualifications or additions made, introduced or annexed in the first column shall be taken to be made in the corresponding form in the second column. R.O. c. 4, s. 4.

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Irregularities not to affect liability

5. Any bond or part of a bond which does not take effect by virtue of the three sections of this Ordinance next preceding shall nevertheless be as effectual to bind the obligors therein so far as the rules of law and equity will permit as if the said sections had not been passed. R.O. C. 4, s. 5.

Sureties to 6. Every surety in any such bond shall make the affidarit in justify the form B in the schedule to this Ordinance or to the effect

thereof; and every such bond or security shall be proved as to

the due execution and delivery of the same by an affidavit of Attestation the attesting witness; and every such bond or security with

the several affidavits thereunto annexed shall be registered in the office of the Territorial secretary and the original bond or

security and the affidavits thereunto annexed shall be retained Registration in the said office and such bond or security shall be registered of bond

within one month after being entered into or given if the person on whose behalf it is entered into or given resides or is in the Territories and if he is absent from the Territories then within three months after being entered into or given unless such person arrives sooner in the Territories and then within

one month after such arrival. Register (2) The Territorial secretary shall for the purpose of so of bonds

registering bonds or securities provide a separate register book every page of which and every bond or security recorded there. in shall be numbered and the day of the month and year when every such bond or security is registered shall be entered in the margin of the said register book and in the margin

of the bond or security. List of (3) The Territorial secretary shall keep separate alphabetical principals and sureties lists of the names of the principals and of the names of the

sureties mentioned in such bonds or securities with reference to the book, page or number where the bonds or securities containing such names are to be found and shall enter and register the said honds or securities in the same order of time in which

they respectively come to his hands. Certified (+) Copies of all bonds or securities registered as aforesaid copies

certitied by the Territorial secretary shall be received in
all courts of civil jurisdiction in the Territories as prima facie
evidence of the due execution and the contents thereof; and for
every
such

copy certified as aforesaid a fee of one dollar shall le payable to the general revenue fund. R.O. c. 4, s. 6. No. 38 of 1897, s. 50 (1. 2.); No. 7 of 1898.

Failure to give security

7. If any person who is required to give, register and deposit any such bond or security as aforesaid neglects to do so, he shall be liable to forfeit the appointment in respect whereof such security should have been given and such appointment shall be void from and after the time when the Lieutenant Governor in Council declares the same to be void under this Ordinance ; but such voidance shall not annul or make void any act or other matter or thing done by such person during the time he actually held such appointment.

(2) No such forfeiture shall take place by reason of any such Exception bond or security not being registered or deposited if the proper security lost sureties have been given and the proper bond made out when the failure of registry and deposit have arisen from the loss of such bond or security in the transmission thereof from a distance; but in every such case a new bond or security specifying the reason of such delay shall be made out and signed, registered and deposited within the like period after the person giving such security receives notice of the loss (regard being had to the place where he then is) as is required by this Ordinance for the registry thereof if such loss had not occurred. RO. c. 4, s. 7.

insolvency or

of surety

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8. Every such person as aforesaid who has given any bond Death. or other security with surety or sureties for the due execution non-residence of the trusts rejosed in him or for duly accounting for public moneys coming to his hands shall give notice in writing to the Territorial secretary of the death, bankruptcy, insolvency or residence out of the Territories of any surety or person bound for or with him in any such security.

(2) Such notice shall be given within one month after Default in the fact comes to the knowledge of such person as aforesaid ; penalis"

giving notice, and any person who neglects to give such' notice within such period shall forfeit to the use of the Territories one fourth part of the sum for which the surety so dead, bankrupt, insolvent or resident out of the Territories became security recoverable in any civil court at the suit of the attorney general.

(3) Every such person who (upon the death, bankruptcy, in-Omission to solvency or residence out of the Territories of any surety) neg-security lects to give the security of another surety to be approved in like manner as such surety dying or becoming bankrupt, insolvent or resident out of the Territories was approved, within such period from his having given notice of the death, bankruptcy or insolvency or residence out of the Territories of the former surety as is by this Ordinance limited for giving, registering and depositing the original security or neglects to register and deposit the bond or security of such new surety within such period from his having given the security of such new surety as is by this Ordinance limited for the registering and depositing of the original bond or security (the same regard being had to the place in which the person then is) shall be liable to forfeit his appointment of office, employment or commission in respect whereof such new security ought to have been given and such new bond or security registered and deposited as aforesaid ; and his appointment shall be void from and after the time when the Lieutenant Governor in Council declares the same to be void in like manner and under and subject to such provisions as aforesaid. R.O. c. 4, s. 8; No. 38 of 1897, s. 50 (3, 4, 5); No. 7 of 1898, s. 3.

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of surety

9. When any person has become security for the due account. Withdrawal ing for public moneys or the proper performance of any public duty by any such person as aforesaid, such surety (when no

longer disposed to continue such respörsibility) may give notice thereof to his principal and also to the Territorial secretary and all accruing responsibility on the part of such person as such surety shall cease at the expiration of three months from the receipt of the last of such notices or upon the ncceptance by the Lieutenant Governor in Council of the security of another surety whichever first happens; and the principal shall (within one month from the receipt of the last of such notices) give the security of another surety and register and deposit the bond of such new surety or in default of so doing shall be liable to forfeit and be deprived of the appointment in respect whereof such new security ought to have been given and deposited as aforesaid ; and his appointment shall be void from and after the time when the Lieutenant Governor in Council declares the same to be void in like inanner and under and subject to such provisions as aforesaid. R.O. c. 4, s. 9; No. 38 of 1897, s. 50 (6).

Acceptance of 10. The Lieutenant Governor in Council may approve of the security after proper time security given by any public officer although perfected after the

time limited by this Ordinance; and in such case the office shall he deemed not to have been voided by such default but to have remained and to remain in full force and effect; and no act of any such public officer shall by such default be void or voidable. R.O. c. 4, s. 10.

Securities 11. When the securities of the principal and sureties have executed at different times

been executed at different times (whether they were taken in Registration one and the same bond, deed or other instrument or in different

ones), the period limited for registering and depositing such securities shall be estimated from the time of execution thereof by the person who was the last to execute the bond, deed or other instrument or the last bond, deed or other instrument as the case may be. R.O. c. 4, s. 11.

Irregularities

12. No neglect, omission or irregularity in giving or receivin providing ing the bonds or other securities or in registering the same

within the periods or in the manner prescribed by this Ordinance shall vacate or make void any such bond or security or discharge any surety from the obligations thereof. R.O. c. 4, s. 12.

Registration after time

13. All bonds or other securities hereby required to be registered and deposited shall be registered and deposited by the proper officer notwithstanding the period prescribed for registering and depositing the same has expired; but no such registering and depositing of any such bond or other security shall be deemed to waive any forfeiture or penalty or shall exempt the person on whose behalf the same is registered and deposited from any forfeiture or penalty under any of the provisions of this Ordinance. R.O. C. 4, s. 13.

Guarantee company's bond

14. Whenever any public officer is required to give security for the performance of his duties or other security of a like nature and whether such security inures for the benefit of the Territories or of any person injured by the default or misconduct of such officer, the Lieutenant Governor in Council may direct that the bond or policy of guarantee of any incorporated joint stock company empowered to grant guarantees, bonds, covenants or policies for the integrity and faithful accounting of public officers or other like purposes may be accepted as such security upon such terms as inay be determined by the Lieutenant Governor in Council; and the provisions of law with reference to the legal effect of such securities when given by individuals, to the filing thereof and to the mode of proceeding thereon shall apply to the security given by every such company. R.O. c. 4, s. 14.

15. The interim rereipt of such company may be accepted Interim in lieu of the formal security but the formal security shall be completed within four months from the date of such receipt. R.O. c. 4, s. 15.

SCHEDULE

FORM A.

Know all men by these present that we, of

in the North-West Territories of the Dominion of Canada (hereinafter called “the principal") and

of in the sail Territories and

of

in the said Territories (hereinafter called “the sureties"), are respectively held and firmly bound unto our Sovereign Lady the Queen, her heirs and successors, in the re-pective penal sums following, that is to say: the principal in the sum of dollars of lawful money of Canada, and each of the sureties in a sum of

dollars of like lawful money, to be paiil to our said Sovereign Lady the Queen, her heirs and succes-ors, for which said respective payments well and faithfully to be made we severally,--and not jointly or each for the other, -bind ourselves, and our respective heirs, executors and alministrators, firmly by these presents, sealed with our respective seals. Dated this

in the year of our Lord one thousand

year of Her Majesty's reign. Whereas the principal having been appointed to the office or employment of

is required by law to give security to the Crown for the due performance of the duties appertaining thereto, and the sureties have consented to become his sureties for such his performance of the said duties, and his bond is given in pursuance of An Ordinance respecting Security to be given by Public Ojjicers.

day of

and in the

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