Tenders to be invited Exceptions Security for of contracts When 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 injurious to the public interest or when from the nature of the work it can be more expeditiously and economically executed by order or commission or by the officers and servants of the department. No. 17 of 1897, s. 20. 20. The commissioner when any public work is being performance carried out by contract and in other cases may require that 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 commissioner 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. contracts not bidder Contract to Majesty 21. All contracts respecting any public works or property enure to Her (real or personal) under control of the department heretofore or hereafter entered into by 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 to be Attorney ACTIONS AND SUITS. 22. All actions, suits and cther proceedings for the enforceinstituted by ment of any contract or for the recovery of damages for any 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 General. No. 17 of 1897, s. 23. Copies of etc.. to be prima Jacie evidence EVIDENCE OF RECORDS, ETC. 23. Copies of any records, documents, plans, books or papers records, eted belonging to or deposited in the department attested under the signature of the commissioner or of the deputy commissioner 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. Examination and survey of swamp lands DRAINAGE OF 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 flooded with water, such engineer 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. examination in annual 25. The commissioner shall submit to the Lieutenant Results of Governor in the annual report to be laid before the Legis- to be included lative Assembly a statement of th eresults of such examination, report surveys and levels and an estimate of the cost of reclaiming such lands so as to render them available for cultivation with Lis recommendation respecting the same. No 17 of 1897, s. 26. of works in 26. The commissioner shall have power to make contracts Construction in the manner hereinbefore provided for the construction and connection 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 to free 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, water 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, bog 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. of water 28. When any such slide as aforesaid has been constructed Free access in any mill, mill-dam or embankment, such slide shall be under to works obstructing 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. 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 of drainage works Construction of lateral drains When constructed without permission Privilege of using drainage works Penalties for injuring public works Traffic on bridges shall if necessary »ppoint a competent overseer or overseers to take charge of the same whose duty it shall be to report from time to time 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. 30. The com issioner shall have power to grant permission to any person to construct or cause to be constructed at his own expense lateral drains into any main drains or water courses constructed or improved under this Ordinance; and such permission shall be in writing, signed and sealed as hereinbefore directed in regard to contracts and shall set forth the conditions and payments on which the same is granted. No. 17 of 1897, s. 31. 31. If any person construct or cause to be constructed any such lateral drain as aforesaid from which water may be discharged into any such main drain or water course constructed or improved as aforesaid without such written permission first obtained, such person shall on due notice given in writing signed by the commissioner restore such lateral and main drain and water course to their former condition; and should any person refuse or neglect to restore such lateral and main drain and water course to their former condition within a r asonable time after the receipt of such noti e such person shall be guilty of an offence and on summary conviction thereof be liable to a penalty not exceeding $200. No. 17 of 1897, s. 32; No. 40 of 1898, s. 2. 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 using such main drain or water course under such conditions 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. 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 exceeding $100 and costs and in default of payment forthwith after conviction may be imprisoned for a period not exceeding sixty days; and the justice of the peace may further order the offender 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 across any bridge the property of the NorthWest Government at a pace faster than a walk shall be guilty of an offence and shall be liable upon summary conviction thereof to a penalty not exceeding $25. bridges (3) Any person who wilfully obstructs any bridge the pro- Obstructing 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. of arbitrators 34. The Lieutenant Governor may from time to time appoint Appointment 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. of clerks to 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 commissioner 37. Whenever any arbitrator shall have concluded any such Award of arbitration by the publication of his award thereon, he shall to be forthwith 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. Claims, how to be dealt with given by claimants ARBITRATION OF CLAIMS. 38. If any person has any claim not within The Expropri ation 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 notice 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 arbitrated upon the claimant 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 Claims for to be made within 8 x months after loss or injury 40. No arbitration shall be allowed in any case where by the terms of the contract therein it is provided that the determination of any matters of difference arising out of or connected with the same shall be made by the commissioner. No. 17 of 1897, s. 41. 41. No claim of any kind for compensation in respect of compensation any contract made or for any loss or damage occasioned by anything done under this Ordinance by or under the authority 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 the 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. Arbitrators may summon witnesses POWERS OF ARBITRATORS AND PROCEEDINGS BY OR BEFORE THEM. 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 required by any of the parties and may swear the said witness to testify truly respecting the matter on which he is to be interrogated; and any person disobeying such order shall be guilty of an offence and liable on summary conviction thereof to a penalty of $25 and on nonpayment forthwith after conviction to imprisonment for one inonth. No. 17 of 1897, s. 43. |