Paragraph 48 section 8 amended Commence ment of amendment 1903 CHAPTER 3 An Ordinance to amend Chapter 1 of The Consolidated Ordinances 1898 intituled "An Ordinance respecting the Form and Interpretation of Ordin ances." THE [Assented to June 19, 1903.] HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. Paragraph 48 of Section 8 of The Interpretation Ordinance is hereby amended by adding thereto the following words: "But where there is no provision in the repealing ordinance or regulation relating to the same subject matter the repealed ordinance or regulation shall stand good and be read and construed as unrepealed in so far but in so far only as is necessary to support, maintain or give effect to such right or right of action and the enforcement thereof." 2. The above section shall, except in respect of any action now pending, be deemed to have been in force from the 15th day of March, 1899. 1903 CHAPTER 4 An Ordinance to amend Chapter 2 of The Consolidated Ordinances 1898 intituled "An Ordinance respecting the Legislative Assembly of the Territories." [Assented to June 19, 1903.] HE Lieutenant Governor by and with the advice and THEC enacts as follows: 1. Section 18 of "An Ordinance respecting the Legislative New Assembly of the Territories" is hereby repealed and the follow- Section 18 ing substituted therefor: 18. There shall be allowed to each member five cents for Travelling each mile of the distance between the nearest railway station expenses to the place of residence of such member and the place at which the session is held reckoning such distance going and coming according to the shortest railway route together with his actual travelling expenses between his place of residence and such railway station when such distance is greater than five miles." (2.) This section shall only apply in the case of any session. held after the passing of this Ordinance. chapter 2 of 1902 amended 2. Section 2 of Chapter 2 of the Ordinances of 1902 is Section 2, hereby amended by adding thereto the following subsection "(3) The provisions of this section shall not apply to any member of the Legislative Assembly by reason of his being a shareholder in or otherwise connected with an incorporated company which holds, accepts, enjoys, undertakes, enters into or executes any such commission contract or agreement but no such member shall vote on any question affecting any such commission, contract or agreement." Section 3 amended 1903 CHAPTER 5 An Ordinance to amend Chapter 12 of The Consolidated Ordinances 1898 intituled "An Ordinance respecting Inquiries Concerning Public Matters." THE [Assented to June 19, 1903.] HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. Section 3 of "An Ordinance respecting Inquiries Concerning Public Matters" is hereby amended by adding thereto the following subsection : (2) The Lieutenant Governor in Council may also from time to time when he deems it expedient appoint an inspector to examine into the affairs of any public administrator or any other public officer whether such person has ceased to be such public administrator or other public officer or not and report to him upon the condition of such affairs. 1903 CHAPTER 6 An Ordinance respecting Drainage. [Assented to June 19, 1903.] THE HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 2. In this Ordinance, unless the context otherwise requires-Interpretation 1. The expression "department" means the Department of Public Works for the Territories. 2. The expression "commissioner" means the Commissioner of Public Works for the Territories. 3. The expression "engineer" means any engineer or land surveyor employed from time to time to perform any of the duties necessary for the carrying out of the provisions of this Ordinance. 4. The expression "road" means and includes any public trail, road or highway including any road allowance laid out under the provisions of The Dominion Lands Act. 5. The expression "report" includes all maps, plans and estimates of cost of any work undertaken under this Ordinance. 6. The expression "owner" includes any person who by any right, title or estate whatsoever is or is entitled to land and the executor or administrator of an owner, the guardian of an infant owner, any person entitled to sell or convey the land, an agent of an owner under a general power of attorney or under a power of attorney empowering him to deal with the land and as regards roads, the Commissioner of Public Works. 7. The expression "judge" means a judge of the Supreme Court of the Territories usually exercising jurisdiction in the district in which any ditch or any proposed ditch is or will be situate. 8. The expression "clerk" or "clerk of the court" or 'Clerk of the Supreme Court" means any clerk or deputy Examination ditch clerk of the Supreme Court of the Territories in whose district any ditch or proposed ditch under this Ordinance is or will be situate. 9. The expression "ditch or "drain" means and includes a drain open or covered wholly or in part and whether in the channel of a natural stream, creek or watercourse or not, and also the work and material necessary for bridges, culvert catchbasins and guards in connection therewith. 10. The expression "government ditch" means any ditch constructed by the commissioner whether any portion or all of the expense of the construction and maintenance thereof is borne by the Territories or not. CONSTRUCTION OF GOVERNMENT DITCHES. 3. Whenever the commissioner deems it may be of public for proposed benefit to construct any ditch for the purpose of improving any road in the Territories he may have an examination and survey made of the said tract with the view of determining the feasibility and cost of the construction of such ditch. Report of engineer Basis of assessment Notice of intention to proceed and of place for inspection of report Notice of appeal from assessment 4. The engineer employed to make the examination shall, as soon as posssible, submit a report to the commissioner on the proposed ditch; which report shall include an assessment showing the proportion of the cost of the proposed undertaking payable by every road and parcel of land to be benefited and shall be filed in the department. 5. The assessment shall be based upon the benefit to be derived from the ditch and the benefit to any parcel of land shall be determined by its increased value for the purpose for which it is or may be used and the benefit to any road by the cost either of making such road as efficient for a highway as it will be made by the construction of the proposed ditch or of providing some alternative road and making it as efficient for a highway as the benefited road will be made by the construction of the proposed ditch. 6. In the event of the commissioner determining after the receipt of the said report that the proposed ditch shall be constructed, such construction may be proceeded with forthwith; and the commissioner shall cause a notice to be inserted in two consecutive weekly issues in a newspaper, published or circulating in the vicinity of such proposed ditch, of the determination to proceed with the construction thereof, and of the place or places where a copy of the engineer's report may be inspected, one of which shall be at some convenient place in the vicinity of such proposed ditch. 7. At any time within twenty days after the publication of the notice provided for in the next preceding section, any person affected by the assessment made by the engineer's report may file with the clerk of the court a notice of appeal |