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Tenders to be invited

Exceptions

19. It shall be the duty of the commissioner to invite tenders by public advertisement or by other public notice for the construction and repair of all public works except in cases of pressing emergency when delay would be injurions to the public interest or when from the nature of the work it can lie more expeditiously and economically executed by order or commission or by the officers and servants of the department. No. 17 of 1897, s. 20.

Security for 20. The commissioner when any public work is being performance

carried out by contract and in other cases may require that of contracts

security be given to and in the name of Her Majesty for the due performance of the work within the amount and time specified for the completion; and in all cases where it seems to the comimissioner not to be expedient to let such work to the lowest

bidder it shall be his duty to report the same and obtain the let to highest authority of the Lieutenant Governor in Council previous to

passing by such lowest tender; but no sum of money shall be paid to the contractor nor shall any work be commenced on any contract until the contract has been signed by all the parties therein named or until any security required has been given. No. 17 of 1897, s. 21.

When contracts not

bidder

Contract to

21. All contracts respecting any public works or property Snure to Her (real or personal) under control of the department beretofore Majesty

or hereafter entered into hy the commissioner or by any other person duly authorised to enter into the same shall enure to the use of Her Majesty and may be enforced as if they had been entered into with Her Majesty under the authority of this Ordinance. No. 17 of 1897, s. 22.

ACTIONS AND SUITS.

Actions to be

Attorney

22. All actions, suits and cther proceedings for the enforceinstituted by ment of any contract or for the recovery of damages for any General tort or breach of contract or for the trial of any right in respect

of any property (real or personal) under the control of the department, shall be instituted in the name of Her Majesty by the Attorney Gencral. No. 17 of 1897, s. 23.

EVIDENCE OF RECORDS, ETC.

Copies of 23. Copies of any records, documents, plans, books or papers when attested belonging to or deposited in the department attested under the to be prima signature of the commissioner or of the deputy commissioner fucie evidence

shall be prima facie evidence of the same and shall have the same legal effect as the original in any court or elsewhere. No. 17 of 1897, s. 24.

DRAINAGE OF LANDS.

Examination and survey of swamp lands

24. The commissioner shall have power to employ a competent engineer and surveyor to make the necessary examination, surveys and levels of any swamp or bog land or land occasionally or permanently Hooded with water, such enyineer and

surveyor to be under the direction of the department and to report to the commissioner on the best means of draining or preventing the flooding of such land, the cost of the same, the quantity and quality of the land proposed to be drained or saved from flooding, with an estimate of the improved value of such land. No. 17 of 1897, s. 25.

in annual

25. The commissioner shall submit to the Lieutenant Results of

examination Governor in the annual report to be laid before the Legis- to be included lative Assembly a statement of th eresults of such examination, surveys and levels and an estimate of the cost of reclaiming such lands so as to render them available for cultivation with liis recommendation respecting the same. No 17 of 1897, s. 26.

connection

26. The commissioner shall have power to make contracts Construction in the manner herein before provided for the construetion and works.in repair of any drain, bridge, road, dam, dyke, slide or any other with swamp work necessary or proper to prevent the flooding of or to carry off the water from any such land as aforesaid and to render the same available. No 17 of 1897, s. 27.

lands

swamp lands

27. When it has been ascertained on the report of a compe-Obstructions tent engineer that there exists or is being or has been con- discharge of structed across any river, stream or water course any boom, swater from mill-dam, embankment or obstruction which does or which in the opinion of such engineer will impede the free discharge of water from any such swamp, boy or flooded lands as aforesaid, the commissioner shall have power to stop the construction thereof or to cause the same to be removed or a slide constructed as in his opinion may be most advisable; and if it be found that the owner of any such boom, mill-dam, embankment or obstruction or any other person suffers any damage in consequence of the stoppage of its construction or of its removal or of the construction of any slide under the provisions of this section, such owner or person suffering such damage shall receive compensation (if on arbitration as hereinafter provided he be considered reasonably entitled to any) for any such damage to be agreed upon or appraised and awarded in manner hereinafter provided ; due regard being paid to the previous right or wrongful action of the owner in constructing the milldam, boom or embankment; and such compensation shall be paid within six months after the same has been agreed on or awarded as aforesaid :

Provided that any such river, stream or water course is with- Proviso in the purview of the Territorial authority. No. 17 of 1897, s. 28; and No. 40 of 1838, s. 2.

to works obstructing

28. When any such slide as aforesaid has been constructed Free access in any mill, mill-dam or embankment, such slide shall be under the control of the department; and the commissioner, his discharge engineers and agents shall have free access to the same at all reasonable times and for all reasonable purposes including the regulating and discharge of water over and the repairing of the same. No. 17 of 1897, s. 29.

works

of lateral

Appointment

29. When the works for the drainage or saving from floodto take charge ing of any land have been reported complete the commissioner of drainage shall if necessary appoint a competent overseer or overseers to

take charge of the same whose duty it shall be to report from time to ti ne and as occasion may require on the condition of the same and to state what repairs are required to keep them

in good order. No. 17 of 1897, s. 30. Construction

30. Th. comissioner shall have power to grant permission drains

to any person to construct or cause to be constructed at his own expense literal crains into any main drains or water courses constructed or iinproveil under this Orılinance; and such permission shall be in writing, signed and sealed as herrinbefore directed in regard to contracts and shall set forth the conditions anil payments on which the same is granted. No. 17 of

1897, s. 31. When 31. If any person construct or cause to be constructed any

such lateral druin as aforesaid frm which water may be dispermission charged into any such main drain or water course constructed

or improved as aforesaid without such written permission first obtained, such persoa shall on due notice given in writing signer by the coinmissioner r store such lateral and main drain and water course to their former condition ; and should any person refuse or neg' ct to restore such lateral and main drain aul water course to their former condition within a ri asonalile time ufter the receipt of such notie -uch person shall be guilty of un offence and on summary conviction thereof be liable to a penalty not exceedling $200. No. 17 of 1897, s. 32; No. 40 of 1898, s. 2.

constructed without

Privilege of using drainage works

32. Should any person have or acquire land in the vicinity of any main drain or water course constructed or improved as aforesaid, such person shall have the privilege of usiny such main drain or water course un ler such conuitions and payments as may be considered fair and reasonable by the commissioner, to whom application in writing must be made and by whom permission must first be given as hereinbefore provided. No. 17 of 1897, s. 33.

PROTECTION OF PUBLIC WORKS.

Penalties for injuring public works

33. Any person who carelessly or wilfully breaks, cuts. fills up or otherwise injures any public work shall be guilty of an offence and upon summary conviction thereof be fined a sum not exceerling $100 and costs and in default of payment forth with after conviction may be imprisoned for a period not exceeding sixty days; and the justice of the peace may further order the offeniler to forthwith repair any such damage or remove any obstruction as aforesaid.

(2) Any person who rides or drives any horse, mule or horned cattle upon or ncross any bridge the pr perty of the NorthWest Government at a pace faster than a walk shall be guilty of an offence and shall be liable upon suminary conviction thereof to a penalty not exceerling $2.).

Traffic on bridges

(3) Any person who wilfully obstructs any bridge the pro-Obstructing

bridges perty of the North-West Governinent in such a manner as to prevent or cause hindrance or delay to any person desiring to travel across such bridge shall be guilty of an offence and shall be liable upon summary conviction thereof to a penalty not exceeding $25. No. 17 of 1897, s. 34.

OFFICIAL ARBITRATORS.

34. The Lieutenant Governor may froin time to time appoint Appointment

of arbitrators any number of persons not exceeding three who shall arbitrate on, appraise, determine and award the sum which shall be paid to any person in respect of any claim made by such person under this Ordinance and not provided for by The Expropriation Ordinance and 'with whom the commissioner has not agreed and cannot agree ; and every such arbitrator shall receive such remuneration as shall be from time to time fixed by Order of the Lieutenant Governor in Council. No. 17 of 1897, s. 35.

be sworn

35. The arbitrators shall take before the clerk of the Exe- Arbitrators to cutive Council or any person appointed to administer an oath in the Territories the following oath :

“I, A.B., do swear that I will well and truly hear, try and ex- Oath amine into such claims as may be submitted to me for compensation for real or personal property taken or alleged direct or consequent damage to such property arising from the construction or connected with the execution of any public work at the expense of the Territories or arising out of or connected with the execution or on account of deductions made for the nonexecution or non-fulfilment of any contract for the execution of any public work ; that I will give a true judgment and just award thereon to the best of my knowledge and ability; and that I will take into due consideration the benefits derived and to be derived by the claimant through the construction of such public work as well as the injury done thereby. So help me God.”

(2) The clerk of the Executive Council shall keep a record of every oath so taken. No. 17 of 1897, s. 36.

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36. The Lieutenant Governor may appoint proper persons to Appointment act as clerks to the said arbitrators and by Order in Council may arbitrators fix the amount of remuneration to be allowed any such clerk. No. 17 of 1897, s. 37.

arbitrators

37. Whenever any arbitrator shall have concluded any such a ward of arbitration by the publication of his award thereon, he shall to be forth with cause to be transmitted to the commissioner such transmitted to award together with all depositions, documents, maps, plans, books, accounts, contracts and writings taken by or submitted to such arbitrator in the course of such arbitration, and the commissioner shall file the same as public records of the department. No. 17 of 1897, s. 38.

ARBITRATION OF CLAIMS.

Claims, how to be dealt with

38. If any person has any claim not within The Erpropriation Ordinance arising out of or connected with the execution or non-execution or non-fulfilment of any contract in respect of any such public work made and entered into with the commisioner either in the name of Her Majesty or in any other manner whatsoever, such person may give notice in writing of such claim to the commissioner stating the particulars thereof and how the same has arisen ; and thereupon the commissioner may at any time within thirty days after such notice tender what he considers a just satisfaction for the same with nrtice that unless the sum so tendered be accepted in ten days after such tender the said claim will be submitted to arbitration. No. 17 of 1897, s. 39.

Security to be 39. Before any claim under this Ordinance shall be arbigiven by claimants

trated upon the clainiant shall give security to the satisfaction of the arbitrators or any one of them for the payment of the costs and expenses incurred by the arbitration in the event of such claimant being awarded to pay such costs. No. 17 of 1897, s. 40.

Arbitration when not to be allowed

40. No arbitration shall be allowed in any case where by the terms of the contract therein it is provider that the determination of any matters of diffirence arising out of or connecter with the same shall be made by the commissioner. No. 17 of 1897, s. 41.

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within sx months after

41. No claim of any kind for compensation in respect of Claims for compensation any contract made or for any loss or damage occasioned by

anything done under this Ordinance by or under the authority loss or injury of the department or the commissioner shall be submitted to or

entertained by any arbitrator unless such claim and the particulars thereof have been filed with th- commissioner within six months next after the loss or injury complained of or after the date of the final estimate made under such contract. No. 17 of 1897, s. 42.

POWERS OF ARBITRATORS AND PROCEEDINGS BY OR BEFORE

THEM.

Arbitrators may summon witnesses

42. The arbitrators may (by order in writing signed by any one of them to be served upon or left at the last usual place of residence of the person to whom it is addressed) require the attendance from any part of the Territories of any witness or the production of any documents requirer by any of the parties and may swear the said witness to testify truly respecting the motter on which he is to be interrogated; and any person disobeying such order shall be guilty of an offence and liable on summary convic'ion thereof to a penalty of $25 and on nonpayment forth with after conviction to imprisonment for one inonth. No. 17 of 1897, s. 43.

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