1903 (Second session) CHAPTER 2 An Ordinance to amend Chapter 2 of The Consolidated Ordinances 1898, intituled "An Ordinance respecting the Legislative Assembly of the Territories." THES [Assented to November 21, 1903.] HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: Ss. 7, 8, 9, 11 the Statutes of Canada 1888 and 12 c. 19 1. Sections 7, 8, 9, 11 and 12 of chapter 19 of the Statutes of Canada of 1888 and section 18 of chapter 17 of Statutes of 1894 as that section is enacted by section 9 chapter 28 of the Statutes of 1897 are hereby repealed. of and s.18 of c.17 Statutes of 1894 repealed s. 2, c. 2 2. Section 2 of chapter 2 of the Ordinances of 1902 as amended by section 2 of chapter 4 of the Ordinances of 1903 Ordinances of 1902 repealed (first session) is hereby repealed. 3. Section 7 of An Ordinance respecting the Legislative Section 7 Assembly of the Territories is hereby confirmed. confirmed for members of Assembly 4. The persons entitled to vote at an election for the Legis- who may vote lative Assembly shall be the male British subjects by birth or naturalisation (other than unenfranchised Indians) who have attained the full age of twenty-one years, who have resided in the Territories for at least twelve months and in the electoral district for at least the three months respectively immediately preceding the time of voting. 5. Any male British subject by birth or naturalisation shall who eligible be eligible for nomination and election. for election by 6. Members of the Legislative Assembly shall take and Oath to be subscribe before the Lieutenant Governor or before such person takers as is designated by the Lieutenant Governor in Council the following oath of allegiance : "I, A.B.. do swear that I will be faithful and bear true allegiance to His Majesty, his heirs and successors." 7. The Legislative Assembly on its first assembling after a Election of general election shall proceed with all practicable speed to elect speaker one of its members to be speaker. Vacancy in office of speaker Speaker to preside Persons holding office not to be members Members of not (2) In case of a vacancy happening in the office of speaker by death, resignation or otherwise the Legislative Assembly shall proceed with all practicable speed to elect another of its members to be speaker. (3) The speaker shall preside at all meetings of the Legislative Assembly. 8. No person except the persons hereinafter mentioned who shall hold any office or place of profit under the Governinent or who shall be in any manner employed in the public service of the Territories for salary, wages, fees or emolument shall sit or vote in the Legislative Assembly; and the election of any such person to be a member of the Legislative Assembly shall be null and void but nothing in this section shall be construed to apply to the speaker or deputy speaker of the Legislative Assembly. 9. Notwithstanding the provisions herein before contained it shall be lawful for the Lieutenant Governor from time to holding office time to appoint any number of officers who shall be capable of being elected members of the Legislative Assembly and of sitting and voting therein: Provided always that such officers shall be members of the Executive Council. disqualified Certain officers qualified vacated by ministers changing office 10. Until such appointments as aforesaid have been made the persons for the time being holding the offices of President of the Council, Attorney General, Territorial Treasurer, Territorial Secretary, Commissioner of Education, Commissioner of Public Works and the Commissioner of Agriculture shall be capable of sitting and voting in the Legislative Assembly. Seat not to be 11. Where a person has been elected a member of the Legislative Assembly since his appointment as an officer capable of being elected a member of the Legislative Assembly the subsequent acceptance by him from the Crown of an appointment as any such officer in lieu of aud in immediate succession the one office to the other shall not vacate his seat. Persons interested in Government not to be member 12. No person who shall either directly or indirectly be concontract with cerned or interested in any bargain or contract entered into by or on behalf of the Government or who shall participate or claim to be entitled to participate either directly or indirectly in the profit thereof or in any benefit or emolument arising from the same shall sit or vote in the Legislative Assembly and the election of any such person to be a member of the Legislative Assembly shall be absolutely null and void. Member becoming contract or accepting office of 13. If any member of the Legislative Assembly shall either interested in directly or indirectly become concerned or interested in any bargain or contract entered into by or on behalf of the Government or shall participate or claim to be entitled to participate whether directly or indirectly in the profit thereof or in any benefit or emolument arising from the same or shall accept any office or place of emolument under the Government emolument to vacate seat or shall in any character or capacity for or in expectation of any fee, gain or reward perform any duty, transact any business or do anything whatsoever for or on behalf of the Government his seat shall thereupon be vacant. contracts 14. Nothing herein before contained shall apply to any Certain bargain or contract entered into by or with any company excepted where such bargain or contract shall be entered into for the general benefit of such company or to any lease, sale or purchase of any land or to any agreement for any such lease, sale or purchase of any building or land or for the loan of money or to any security for the payment of money only. 15. Any person who shall wilfully offend against any of Penalties the provisions hereof shall forfeit and pay for every such offence the sum of not less than $100 and not more than $500 on conviction thereof in a summary way before two justices of the peace. Sections 6, 8 and 9 repealed Section 15 amended New section 53 1908 (Second session) CHAPTER 3 An Ordinance to amend Chapter 4 of the Ordinances of 1901, intituled "An Ordinance respecting Public Works." THES [Assented to November 21, 1903.] HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories. enacts as follows: 1. Sections 6, 8 and 9 of The Public Works Ordinance are hereby repealed. 2. Section 15 of the said Ordinance is hereby amended by striking out the words "Lieutenant Governor in Council where they occur therein and substituting therefor the word commissioner." 3. Section 53 of the said Ordinance is hereby repealed and the following substituted therefor: Compensation 53. The commissioner shall consider such claim for increased compensation and shall notify the claimant of his decision in respect thereto by registered letter. fixed by arbitration in case of disagreement (2) Such claimant if dissatisfied with the decision of the commissioner may within sixty days after being notified of the decision of the commissioner give notice in writing to the commissioner which may be by registered letter that he I will submit the claim to arbitration and the said claim shall thereupon be submitted to arbitration and such arbitration shall be to two arbitrators under the provisions of The Arbitration Ordinance. (3) If the claimant does not so notify the commissioner and make the deposit as in the next following subsection required within the said period of sixty days as in the next preceding subsection provided he shall be deemed to have accepted the commissioner's decision and shall not thereafter be at liberty to question it. (4) The claimant shall with the notice of submission to arbitration deposit with the commissioner as security for the costs of the arbitration a sum equal to ten per cent. of the amount claimed by him but not in any event less than $25. (5) All costs and expenses of the arbitration shall be paid by the claimant unless the arbitrators shall award him a sum at least ten per cent. greater than the amount fixed by the commissioner by his final decision and the commissioner shall be entitled to deduct his costs and expenses of the arbitration out of the moneys deposited by the claimant and the surplus, if any, shall be returned to the claimant. (6) In the event of the claimant not being required to pay the commissioner's costs of the arbitration the full amount deposited by him shall be returned to him. (7) The only costs allowable upon any arbitration under this section shall be arbitrators and witness fees. (8) In estimating the amount to which the claimant is entitled the arbitrators shall consider, and find separately as to, the value of the land taken and of all improvements thereon the damage, if any, to the remaining property of the claimant and the original cost only of any extra fencing which may be necessary by reason of the taking of the land and if the value of the remaining property of the claimant is increased by reason of the construction of the public work through his property the increase of value shall be deducted from the amount so estimated and found and the balance, if any, shall be the amount awarded to the claimant." road on expenses 4. If any one or more persons petition the commissioner for Opening of the opening of a road through any land and the commissioner petition and is of opinion that such road may be reasonably opened for the payment of convenience and benefit of such person or persons as aforesaid but that such road is not required in the interest of the public generally the commissioner may require the said person or persons to deposit with the territorial treasurer such sum as he considers sufficient to cover the cost of opening the road and paying compensation in connection therewith and if the said road or any road which in the opinion of the commissioner will be of equal or nearly equal convenience and benefit to such person or persons as aforesaid is thereafter opened the sum so deposited or so much thereof as may be necessary may be applied towards paying the expenses of opening the road and paying compensation in connection therewith and any balance which remains shall be repaid to such person or persons as aforesaid. |