CHAPTER 34. An Ordinance respecting Distress for Rent and Extrajudicial Seizure. THE HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: distraints schedule 1. No person whosoever making any distress for rent nor Costs in any person whosoever employed in any manner in making such not to exceed distress or doing any act whatsoever in the course of such dis- rates in tress or for carrying the same into effect shall have, take or receive out of the proceeds of the goods and chattels distrained upon and sold or from the tenant distrained on or from the landlord or from any other person whomsoever any other or more costs and charges for and in respect of such distress or any matter or thing done therein than such as are fixed in the schedule to this Ordinance and applicable to each proceeding which shall have been taken in the course of such distress and no person or persons whosoever shall make any charge whatsoever for any act, matter or thing mentioned in this Ordinance or in the said schedule unless such act, matter or thing shall have been really performed or done. R.O c. 52, s. 1. mortgages, regulated 2. No person whosoever making any seizure under the seizure under authority of any chattel mortgage, bill of sale or any other ex-chattel tra judicial process whatsoever nor any person whosoever em- etc., costs ployed in any manner in making such seizure or doing any act whatsoever in the course of such seizure or for carrying the same into effect shall have, take or receive out of the proceeds of the goods and chattels seized and sold from the person against whom the seizure may be directed or from any other person whomsoever any other or more costs and charges for and in respect of such seizure or any matter or thing done therein or thereunder than such as are fixed in the schedule hereto and applicable to each act which shall have been done in course of such seizure and no person or persons whosoever shall make any charge whatsoever for any act or matter or thing mentioned in the said schedule unless such act, matter or thing shall have been really performed and done. R.O. c. 52, s. 2. taking 3. If any person making any distress or seizure referred to Penalty for in sections 1 and 2 of this Ordinance shall take or receive any excessive other or greater costs than are set down in the said schedule costs or make any charge whatsoever for any act, matter or thing mentioned in the said schedule and not really performed or done the party aggrieved may cause the party making the said distress or seizure to be summoned before the Supreme Court of the judicial district in which the goods and chattels distrain Distraint for rent limited to property of tenant Exceptions Distress for interest on mortgage Notice of sale ed upon or seized or some portion thereof lie and the said court may order the party making the distress or seizure to pay to the party aggrieved treble the amount of moneys taken contrary to the provisions of this Ordinance and the costs of suit. K.O. c. 52, s. 3. 4. A landlord shall not distrain for rent on the goods and chattels the property of any person except the tenant or person who is liable for the rent although the same are found on the premises; but this restriction shall not apply in favour of a person claiming title under or by virtue of an execution against the tenant or in favour of any person whose title is derived by purchase, gift, transfer or assignment from the tenant whether absolute or in trust or by way of mortgage or otherwise nor to the interest of the tenant in any goods on the premises in the possession of the tenant under a contract for purchase or by which he may or is to become the owner thereof upon performance of any condition nor where goods have been exchanged between two tenants or persons by the one borrowing or hiring from the other for the purpose of defeating the claim of or the right of distress by the landlord nor shall the restriction apply where the property is claimed by the wife, husband, daughter, son, daughter-in-law or son-in-law of the tenant or by any other relative of his in case such other relative lives on the premises as a member of the tenant's family. No. 7 of 1896, s 1. 5. The right of a mortgagee of land or his assigns to distrain for interest in arrear or principal due upon a mortgage shall notwithstanding anything stated to the contrary in the mortgage or in any agreement relating to the same be limited to the goods and chattels of the mortgagor or his assigns and as to such goods and chattels to such only as are not exempt from seizure under execution. No. 16 of 1898, s. 1. 6. Goods distrained for such interest or principal shall not be sold except after such notice as is required to be given by a landlord who sells goods distrained for rent. No. 16 of 1898, s. 2. SCHEDULE. 1. Levying distress 2. Man in possession, per day 3. Appraisement, whether by one appraiser or more, two 5. Catalogue, sale, commission and delivery of goods, $1.00 150 THE CHAPTER 35. An Ordinance respecting Arbitration. HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. 1. This Ordinance may be cited as "The Arbitration Ordinance." No. 29 of 1891-2, s. 1. INTERPRETATION. 2. In this Ordinance unless the contrary intention appears : 1. "Submission" means a written agreement to submit present or future differences to arbitration whether an arbitrator is named therein or not; 2. Court" means the Supreme Court of the North-West Territories; 3. "Judge" means a judge of the Supreme Court of the North-West Territories; Short title Interpretation "Submission" "Court" “Judge" "Rules of 4. "Rules of Court" means the rules of the Supreme Court court of the North-West Territories. No. 29 of 1891-92, s. 17. REFERENCES BY CONSENT OUT OF COURT. Effect of 3. A submission unless a contrary intention is expressed submission therein shall be irrevocable except by leave of the court or a judge and shall have the same effect in all respects as if it had been made an order of court. No. 29 of 1891-2, s. 2. 4. A submission unless a contrary intention is expressed Submission therein shall be deemed to include the provisions set forth in provisions in the schedule to this Ordinance so far as they are applicable to the reference under submission. No. 29 of 1891-92, s. 3. schedule proceedings 5. If any party to a submission or any person claiming Stay of through or under him commences any legal proceedings in any court against any other party to the submission or any person claiming through or under him in respect of any matter agreed to be referred any party to such legal proceedings may at any time after appearance and before delivering any pleadings or taking any other steps in the proceedings apply to that court to stay the proceedings and that court or a judge thereof if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission and that the applicant was at the time when the proceedings were commenced and still remains ready and willing to do all things necessary to the proper conduct of the arbitration may make an order staying the proceedings. No. 29 of 1891-92, s. 4. Appointment of arbitrator in certain cases Appointment 6. In any of the following cases: (c) Where the parties or two arbitrators are at liberty to (d) Where an appointed umpire or arbitrator refuses to act or is incapable of acting or dies and the submission does not show that it was intended that the vacancy should not be supplied and the parties or arbitrators do not supply the vacancy; any party may serve the other parties or the arbitrators as the case may be with a written notice to appoint an arbitrator, umpire, or third arbitrator. If the appointment is not made within seven clear days after the service of the notice the Court or a judge may on application by the party who gave the notice appoint an arbitrator, umpire or third arbitrator who shall have the like powers to act in the reference and make an award as if he had been appointed by consent of all parties. No. 29 of 1891-92, s. 5. 7. Where a submission provides that the reference shall be of arbitrators, to two arbitrators one to be appointed by each party then unless the submission expresses a contrary intention where two required Powers of arbitrator 1. If either of the appointed arbitrators refuses to act or is incapable of acting or dies the party who appointed him may appoint a new arbitrator in his place; 2. If on such a reference one party fails to appoint an arbitrator either originally or by way of substitution as aforesaid for seven clear days after the other party having appointed his arbitrator has served the party making default with notice to make the appointment the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference and his award shall be binding on both parties as if he had been appointed by consent : Provided that the Court or a judge may set aside any appointment made in pursuance of this section. No. 29 of 1891-92, s. 6. 8. The arbitrators or umpire acting under a submission shall unless the submission expresses a contrary intention have power: 1. To administer oaths to or take the affirmations of the parties and witnesses appearing; and 2. To state an award as to the whole or part thereof in the form of a special case for the opinion of the Court; and 3. To correct in an award any clerical mistake or error arising from any accidental slip or omission. No. 29 of 1891-92, s. 7. 9. For the purpose of procuring the attendance of a witness Summoning at an arbitration any party to a submission may sue out a writ of witnesses of subpoena ad testificandum or a writ of subpoena duces tecum but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action. (2) Such writs may be obtained from any clerk of the court or deputy clerk of the court on payment of the fees prescribed in The Judicature Ordinance. No. 29 of 1891-92, s. 8. 10. The time for making an award may from time to time Enlargement be enlarged by order of the Court or a judge whether the time of time for for making an award has expired or not. No. 29 of 1891-92, s. 9. award 11. In all cases of reference to arbitration the Court or a Reconsiderajudge may from time to time remit the matters referred or any arbitrator tion by of them to the reconsideration of the arbitrators or umpire; (2) Where an award is remitted the arbitrators or umpire shall unless the order otherwise directs make their award within six weeks after the date of the order. No. 29 of 189192, s. 10. 12. Where an arbitrator or umpire has misconducted him- Misconduct self the Court or a judge may remove him. of arbitrator award (2) Where an arbitrator or umpire has misconducted himself Setting aside or an arbitration or award has been improperly procured the " Court may set the award aside. No. 29 of 1891-92, s. 11. 13. An award on a submission may by leave of the Court or Enforcement a judge be enforced in the same manner as a judgment or order of award to the same effect. No. 29 of 1891-92, s. 12. GENERAL. of witness 14. The Court or a judge may order that a writ of subpoena Attendance ad testificandum or of subpoena duces tecum shall issue to com- before referee pel the attendance before an official or special referee or before or arbitrator any arbitrator or umpire of a witness wherever he may be within the Territories. (2) The Court or a judge may also order that a writ of habeas corpus ad testificandum shall issue to bring up a prisoner for examination before an official or special referee or before any arbitrator or umpire. No. 29 of 1891-92, s. 13. 15. Any referee, arbitrator or umpire may, at any stage of Special case the proceedings under a reference, and shall if so directed by for opini the Court or a judge state in the form of a special case for the opinion of the Court any question of law arising in the course of the reference. No. 29 of 1891-92, s. 14. 16. Any order made under this Ordinance may be made on Costs such terms as to costs or otherwise as the authority making the order thinks just. No. 29 of 1891-92, s. 15. |