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Directions for arbitration to be deemed submission

17. Whenever it is directed by any Ordinance that any party or parties shall proceed to the appointment of arbitrators or appoint arbitrators as provided by this Ordinance or that any party or parties shall proceed to arbitration under this Ordinance or any similar direction shall be made with respect to arbitration under this Ordinance such direction shall be deemed a submission. No. 38 of 1897, s. 18.

SCHEDULE

Single arbitrator

manner of a ward

Time for umpire's award

(a) If no other mode of reference is provided the reference

shall be to a single arbitrator. Umpire (6) If the reference is to two arbitrators the two arbitrators

may appoint an umpire at any time within the period during

which they have power to make an award. Time and (c) The arbitrators shall make their award in writing within

six weeks after entering on the reference or after having been called on to act by notice in writing from any party to the submission or on or before any later day to which the arbitrators by any writing signed by them may from time to time enlarge

the time for making the award. Arbitrators (d) If the arbitrators have allowed their time or extended non agreeing it time to expire without making an award or have delivered to to act

any party to the submission or to the umpire a notice in writing stating that they cannot agree the umpire may forth with enter on the reference in lieu of the arbitrators.

(c) The umpire shall make his award within one month after the original or extended time appointed for making the award of the arbitrators has expired or on or before any later day to which the umpire by any writing signed by him may from time to time enlarge the time for making his award.

(1) The parties to the reference and all persons claiming of parties

through them respectively shall subiect to any legal objection submit to be examined by the arbitrators or umpire on oath or affirmation in relation to the matters in dispute and shall subject as aforesaid produce before the arbitrators or umpire all books, deeds, papers, accounts, writings and documents within their possession or power respectively which may be required or called for and do all other things which during the proceedings on the reference the arbitrators or umpire may require.

(g) The witnesses on the reference shall if the arbitrators or umpire think fit be examined on oath or affirmation.

(1) The award to be made by the umpire or arbitrators shall be final and binding on the parties and the persons claiming under them respectively:

() The costs of the reference and award shall be in the discretion of the arbitrators or umpire who may direct to and by whom and in what manner the costs or any part thereof shail be paid and may tax or settle the amount of costs to be so paid or any part thereof.

No. 29 of 1893.

Examination

Production of papers

Oath or atlirmation

Finality of award

(osts of reference

CHAPTER 36.

An Ordinance respecting the Investigation of Ac

cidents by Fire.

HE Lieutenant Governor by and with the advice and con

as follows:

inquire into

be held except on reasonable

of witnesses

1. Any justice of the peace may subject to the provisions here- Magistrate inafter contained institute an inquiry into the cause or origin Impireered to of any fire and whether it was kindled by design or was the cause of tires result of negligence or accident and act according to the result of such inquiry. No. 16 of 1895, s. 1; No. 38 of 1897, s. 19 (1,2).

2. No justice of the peace shall institute an inquiry into the No inquiry to cause or origin of any such fire until a sworn statement in writing has been made before him that there is reasonable suspicion suspicion that such fire was the result of culpable or negligent conduct or design or occurred under such circumstances as in the interests of justice and for the due protection of property require an investigation nor until such statement having been received by him he has reported the same to the attorney general and received from the attorney general authority to make such inquiry. No. 16 of 1895, s. 2; No. 38 of 1897, s. 19 (3).

3. For the purpose of any inquiry under this Ordinance Examination such justice of the peace shall summon and bring before him all persons whom he deems capable of giving information or evidence touching or concerning such fire and shall examine such persons on oath and shall reduce their examinations to writing and return the saine to the attorney general. No. 16 of 1895, s. 4; No. 38 of 1897, s. 19 (5).

4. If any person having been duly sumioned as a witness Penalty for to give evidence upon any such inquiry does not after being as witness openly called three times appear and give evidence at such inquiry the justice of the peace shall be empowered to impose upon the person so making default such fine as he thinks fit not exceeding $10; and such justice of the peace shall make out and sign a certificate containing the name, residence, trade or calling of such person together with the amount of the fine imposed and the cause of such fine and shall cause a copy of such certificate to be served on the person so fined personally or by leaving it at his residence within seven days after holding such inquiry and if the same is not paid within the space of seven days after such certificate has been served as aforesaid a warrant of distress shall be issued by the justice of the peace to be levied on the goods and chattels of such offender and in default of such distress or if such distress shall prove insufficient such justice of the peace may commit the offender to prison for any term not exceeding twenty-one days. Nc. 16 of 1895, s. 5; No. 38 of 1897, s. 19 (6).

not attending

S

TITLE IV.

.

RELATING TO REAL PROPERTY.

CHAPTER 37.

An Ordinance Respecting Land held by two or more

Persons.

THE
THE Lieutenant Governor by and with the advice and con-

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

Owners to hold
as tenants in
common
unless
intention
otherwise

1. Whenever by any letters patent, transfer, conveyance, assurance, will or other assignment land or any interest in land is granted, transferred, conveyed, assigned or devised to two or more persons other than executors or trustees in fee simple or for any less estate legal or equitable such persons shall take as tenants in common and not as joint tenants unless an intention sufficiently appears on the face of such letters patent, conveyance, assurance, will or other assignment that they take as joint tenants. R.O. c. 54, s. 1.

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CHAPTER 38.

An Ordinance respecting the Holding of Lands in

Trust for Religious Societies and Congregations.
THE
HE Lieutenant Governor by and with the advice and con-

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

be appointed to hold lands

1. When any religious society or congregation of Christians Trustee may in the Territories desire to take a conveyance or transfer of land for the site of a church, chapel, meeting house, burial ground, residence or glebe for the minister or for the support of public worship and the propagation of Christian knowledge such society or congregation may appoint trustees, to whom and their successors to be appointed in such manner as may be specitied in the deed of conveyance or transfer or by resolution passed in the manner provided for in the tenth section of this Ordinance the land requisite for all or any of the purposes aforesaid may be conveyed or transferred and such trustees and their successors in perpetual succession by the name expressed in the deed or resolution may take hold and possess the land and maintain and defend all actions or suits for the protection thereof or of their property therein:

Provided always that no religious society or congregation Lands not shall be capable of holding under the provisions of this Ordi- to exceed nance more than three hundred and twenty acres of land. R.O. c. 35, s. 1; No. 17 of 1898, s. 1.

)

within

2. Such trustees shall within twelve months after the Conveyance to

be registered execution of the transfer or deed of conveyance as authorised in the next preceding section cause the title to the land de- one year scribed therein to be registered in the land titles office of the land registration district in which the land is situated, otherwise the said deed or transfer shall be void.

R.O. c. 35, s. 2; No. 17 of 1898, s. 1.

by mortgage

3. When a debt has been or may hereafter be contracted for Debts secured the building, repairing, extending or improving a church, chapel, meetinghouse or residence for the minister on land held by trustees under the provisions of this Ordinance or for the purchase of the land on which the same has been or is intended to be erected the trustees or a majority of them may from time to time secure payment of the debt or any part thereof with or without interest by mortgage upon the land, church, chapel, meeting house or residence for the minister or may borrow Power to money to pay the debt or any part thereof and may secure the repayment of the loan with or without interest by a like mortgage.

R.O. c. 35, s. 3.

borrow

be leased

4. The trustees may lease for any term not exceeding twenty- Landmar one years land held by them under this Ordinance or part

thereof at such rent and upon such terms as the trustees or a majority of them may deem reasonable:

Provided always that the trustees shall not lease any land which at the time of the making of the lease is necessary for the purpose of erecting a church, chapel, meetinghouse or residence for the minister or for a burial ground for the religious

society or congregation for whose use the land is held; and When consent Provided further that the trustees shall not lease the land so of congregation held by them or any part thereof for a term exceeding three

years without the consent of the religious society or congregation for whose use the land is held, which consent shall be signified by resolution passed by the votes of a majority of those persons who by the constitution of the said religious society or congregation or by the practice of the church with which it is connected are entitled to vote in respect of church business, present at a meeting of the religious society or congregation duly called for the purpose of considering the proposed lease. R.O. c. 35, s. 4.

to lease necessary

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Renewal of lease

5. In any lease made under the last preceding section the trustees may covenant or agree for the renewal thereof at the expiration of any or every term of twenty-one years for a further term of twenty-one years or any less period at such rent and on such terms as may then by the trustees for the time being be agreed upon with the lessee, his executors, administrators or assigns or may covenant or agree for the payment to the lessee, his executors, administrators or assigns of the value of any buildings or other improvements which may at the expiration of any term be on the demised premises; and the mode of ascertaining the amount of such rent or the value of such improvements may also be provided for in the original or any subsequent lease. R.O. c. 35, s. 5.

6. The trustees for the time being holding land under this have powers Ordinance which has been leased under the powers contained in

the fourth and fifth sections of this Ordinance may take all such means and proceedings for the recovery of rent or arrears of rent which landlords are by law entitled to take. R.O. c. 35, s. 6.

Trustees to

of landlords

Sale of land

7. When land held by trustees for the use of a religious society or congregation becomes unnecessary to be retained for such use anıl it is deemed advantageous to sell the same the trustees for the time being may give public notice of an intended sale, specifying the premises to be sold, the terms of payment and the time of sale and after publication of the notice not less than once in each week for four successive weeks in a newspaper published ir. or near the place where the land is situated, sell the land at public auction according to notice, but the trustees shall not be obliged to complete or carry a sale into effect if in their judgment an adequate price is not offered for the land ; and in such a case the trustees may at a subsequent time sell the land either at public auction or private sale but a less sum shall not be accepted at private sale than was offered at public sile. R.O. c. 35, s. 7,

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