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FORM C.

No......of 1

REGISTRATION OF DEATH. Registration division of

Name and surname

of deceased.

When died

Sex (male or female.)

Age.

Rank or profession.

Where born.

Certified cause of death and duration

of illness.

Name of physician

(if any.)

Religious denomination

Description and

residence
of informant.

Remarks

day of

I hereby certify the foregoing to be true and correct to the best of my knowledge and belief. Given under my hand at

the

1

Informant I hereby certify the foregoing to be the true and correct original entry of death returned to me on the above mentioned date. Given under ny hand at

the

1

Registrar.

day of

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I hereby certify the foregoing to be a true and correct certificate of the cause of the death of the person therein named.

Given under my hand at of

1

this

day

M.D.

CHAPTER 15.

An Ordinance respecting the Expropriation of Lands

TH
HE Lieutenant Governor by and with the advice and con-

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

SHORT TITLE.

Short title

1. This Ordinance may be cited as “ The Expropriation Ordinance." No. 10 of 1889, s. 1.

INTERPRETATION.

Interpretation

2. In this Ordinance unless the context otherwise requires“Public 1. The expression “public work” means the laying out, Work

constructing and improving any dam, drain, ditch, bridge, culvert, approach to a ferry, pul lic highway or public well, the construction of public buildings and the acquisition of land for school buildings, or for the construction of reservoirs for the

storage of water ; ** Commis 2. The expression "commissioner" means the commissioner

of public works : “ Department' 3 The expression “ department” means the department of

public works; *Chief

4. The expression “chief engineer" means the chief engineer Engineer"

and surveyor of the department of public works ; “Surveyor" 5. The expression “surveyor” means a duly qualified Do

minion and surveyor, authorised to survey Dominion lands. No. 28 of 1897, s. 1.

sioner

(

POWER TO TAKE LAND, ETC.

Powers of the 3. The commissioner may by engineers, superintendents, commissioner

agents, workmen and servantsEntering lands 1. Enter into and upon any land to whomsoever belonging

and
survey

and take levels of the same and make such borings or sink such trial pits as he deems necessary for any purpose

relative to a public work ; Taking 2. Enter upon and take possession of any land the appropriapossession

tion of which is (in his judgment) necessary for the use, construction, maintenance or repair of any public work or for ob

taining better access thereto; Deposit or

3. Enter with workmen, carts, carriages and horses upon any removal of

land and deposit thereon soil, earth, gravel, trees, bushes, logs, materials

poles, brushwood or other material found on the land required for public work or for the purpose of digging up, quarrying and carrying away earth, stones, gravel or other material and cutting down and carrying away trees, bushes, logs, poles and brushwood therefrom for the making, constructing, maintaining or repairing the public work ;

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4. Make and use all such temporary roads to and from such Roads timber, stones, clay, gravel, sand or gravel pits as are required by him for the convenient passing to and from the works during their construction and repair;

5. Enter upon any land for the purpose of making proper Drains drains to carry off the water from the public work or for keeping such drains in repair ;

6. Divert or alter (as well temporarily as permanently) the Divert course of any brook, rivulet, road, street or way or raise or sink streams or the level of the same in order to carry it over or under, on the level of or by the side of the public work as he thinks proper ; but before discontinuing or altering any public road another convenient road in lieu thereof shall be substituted; and the land theretofore used for any road or part of a road so discontinued may be transferred by the commissioner to, and shall thereafter become the property of, the owner of the land of which it originally formed a part ;

7. Divert or alter the position of any water pipe, gas pipe, Pipes, wires, sewer, drain or any telephone or electric light wire or pole. No, poles 10 of 1889, s. 3; No. 28 of 1897, ss. 2, 3.

4. Whenever it is necessary in the building, maintaining or Removing repairing of the public work to take down or remove any wall fences or fence of any owner or occupier of land or premises adjoining

Constructing the public work or to construct any back ditch or drain ditches for carrying off water, such wall or fence shall be replaced as soon as the necessity which caused its taking down or reinoval has ceased ; and after the same has been so replaced or when such drain or back ditch is completed the owner or occupier of such land or premises shall maintain such wall or fence, drain or back ditch to the same extent as such owner or occupier might be by law required to do if such wall or fence obligation of had never been so taken down or removed or such drain land owner or back ditch had always existed. No. 10 of 1889, s. 4.

5. Whenever any gravel, stone, earth, sand or water is taken Sidings. as aforesaid at a distance from the public work, the commis- conduits or

tracks sioner may cause to be laid down the necessary sidings, water pipes or conduits or tracks over or through any land intervening between the public work and the land on which such material or water is found whatever the distance is; and all the provisions of this Ordinance shall apply and may be used and exercised to obtain the right of way from the public work Right of way to the land on which such materials are situate; and such right may be acquired for a term of years or permanently as the commissioner thinks proper; and the powers in this section contained may at all times be exercised and used in all respects after the public work is constructed for the purpose of repairing and maintaining the same. No. 10 of 1889, s. 5: No. 28 of 1897, s. 4.

lot can be

6. Whenever (for the purpose of procuring sufficient lands Where whole for gravel pits or for constructing, maintaining and using the more adran- :

tageously purchased than a part

public work) any land may be taken under the provisions of this Ordinance and by purchasing the wliole of any lot or parcel of land of which any part may be taken under the said provisions the commissioner can obtain the same at a more reasonable price or to greater advantage than by purchasing such part only as aforesaid, he may purchase, holl, use or enjoy the whole of such lot or pircel and also the right of way thereto if the same is separated from the public work and may sell by tender or public auction and convey the same or any part thereof from time to time as he deems expedient; but the compulsory provisions of this Ordinance shall not apply to the taking of any portion of such lot or parcel which is not in the opinion of the commissioner necessary for the purposes aforesaid. No. 10 of 1889, s. 6; No. 28 of 1897, s. 5.

Survey of lands

Proceedings to obtain possession

7. Land taken for the use of Her Majesty shall be surveyed and marked on the ground by a duly qualified surveyor who shall prepare a plan of the same and a proper description thereof by metes and bounds; and when no proper deed or conveyance thereof to Her Majesty is made and executed by the person having the power to make such deed or conveyance or when a person interested in such land is incapable of making such deed or conveyance or when for any other reason the commissioner deems it advisable so to do, he may apply for and obtain from the judge of the Supreme Court of the Territories u-ually exercising jurisdiction in the judicial district within which the land is situate an originating suminons returnable before him in chambers at such time as he may appoint.

(2) The proceedings upon and incidental to any such summons shall be in conformity with the provisions of The Judicature Ordinance. No. 10 of 1889, s. 7; No. 28 of 1897, s. 6.

of person

Appointment

8. In any case in which there is no guardian or other person of representative to represent any person under any disability, a judge of the

Supreme Court of the Territories may (after due notice to the under disability persons interested) appoint a guardian or person to represent

for the purposes hereof such person so under such disability with authority to make and execute any necessary transfer or conveyance. No. 10 of 1889, s. 8; No. 5 of 1898, s. 1.

Application of 9. The court or a judge in making any order under the procompensation visions of this Ordinance shall give such directions as to the

disposal, application or investment of such compensation money as such court or judge deems necessary to secure the interests of all persons interested therein.

No. 10 of 1889, s. 9.

Contracts and conveyances

10. Any contract or agreement made her under and any conveyance or other instrument made or given in pursuance of such contract or agreement shall be good and valid to all intents and purposes whatsoever. No. 10 of 1889, s. 10.

s.

Contract binds 11. Every such contract or agreement made b'fore the for one year deposit of plans and description and before the setting out and

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