Power to sell for payment of duty Duty to be paid to Territorial treasurer Refunding duty upon subsequent payment of debts Foreign not to transfer stocks, etc., until duty paid thereof from the person entitled to such property and he shall not deliver any property subject to duty to any person until he has collected the duty thereon. 20. Executors, administrators and trustees shall have power to sell so much of the property of the deceased as will enable them to pay the duty in the same manner as they may by law do for the payment of debts of the testator or intestate. 21. Every sum of money retained by an executor, administrator or trustee or paid into his hands for the duty on any property shall be paid by him forthwith to the treasurer of the Territories or as he may direct. 22. Where any debts shall be proved against the estate of a deceased person after the payment of legacies or distribution of property from which the duty has been deducted or upon which it has been paid and a refund is made by the legatee, devisee, heir or next of kin a proportion of the duty so paid shall be repaid to him by the executor, administrator or trustee. 23. No foreign executor or administrator shall assign or executors, etc., transfer any stocks or shares in the Territories standing in the name of a deceased person or in trust for him which are liable to pay succession duty until such duty is paid to the treasurer of the Territories or security given as required by section 6 of this Ordinance and any corporation allowing a transfer of any stocks or shares contrary to this section shall be liable to pay the duty payable in respect thereof. Mode of enforcing payment of duty Costs Limitations of actions 24. If it is made to appear on affidavit to a judge that any duty accruing under this Ordinance has not been paid according to law he may make an order by way of originating summons directing the persons interested in the property liable to the duty to appear before the court on a day certain to be therein named and show cause why said duty shall not be paid. (2) The service of such order and the time, manner and proof thereof, and fees therefor and the hearing and determining thereon and the enforcement of the judgment of the court thereon shall be according to the practice in or upon the enforcement of a judgment of the Supreme Court. 25. The costs of all proceedings under this Ordinance in the court shall be in the discretion of the court or of a judge. 26. Any action, matter or proceeding by or against the Territories in respect of duties or claims arising upon or out of any succession shall be commenced within six years from the time when such duties or claims became payable. of court 27. The clerks of the court shall be entitled to take for the Fees of clerks performance of duties and services under this Ordinance fees similar to those payable to them under the rules of the Supreme Court. make 28. The Lieutenant Governor in Council may make regula- Lieutenant tions for carrying into effect the provisions of this Ordinance Governor to and to cover cases not herein provided for which shall be regulations published forthwith in the official gazette. Section 51 N.W.T. Act repealed New section a 1908 (Second session) CHAPTER 6 An Ordinance to amend Chapter 21 of The Consolidated Ordinances 1898, intituled "An Ordinance respecting the Administration of Civil Justice." [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. Section 51 of The North-West Territories Act is hereby repealed. 2. The Judicature Ordinance is hereby amended by adding after section 7 the following section: "a. The Lieutenant Governor in Council may by order divide or otherwise alter the boundaries of any judicial district now or hereafter established and may establish new districts and may by any such order or any other order make such provisions as he may deem necessary to protect the interests affected thereby." 1903 (Second session) CHAPTER 7 An Ordinance to amend Chapter 31 of The Consolidated Ordinances 1898, intituled "An Ordinance respecting Limitation of Actions in certain cases. [Assented to November 21, 1903.] THE Lint 1. An Ordinance respecting Limitation of Actions in New section 3 certain cases is hereby amended by adding thereto the following section: "3. No right to the access and use of light or any other easement, right in gross or profit a prendre shall be acquired by any person by prescription and no such right shall be deemed to have been so acquired prior to the coming into force of this Ordinance." Action when maintainable by father or mother Proof of service 1903 (Second session) CHAPTER 8 An Ordinance respecting the Action for Seduction. THE [Assented to November 21, 1903.] THE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. The father or, in case of his death, the mother (whether she remains a widow or remarries) of any unmarried female who has been seduced and for whose seduction the father or mother could maintain an action in case such unmarried female was at the time dwelling under his or her protection may maintain an action for the seduction, notwithstanding such unmarried female was at the time of her seduction serving or residing with another person upon hire or otherwise. 2. Upon the trial of an action for seduction brought by the dispensed with father or mother it shall not be necessary to prove any act of service performed by the party seduced but the same shall in all cases be presumed and no evidence shall be received to the contrary; but in case the father or mother of the female When action seduced had before the seduction abandoned her and refused to provide for and retain her as an inmate then any other person who might at common law have maintained an action for the seduction may maintain such action. maintainable by master, etc. Where father or mother not Territories 3. Any person other than the father or mother who by resident in the reason of the relation of master or otherwise would have been entitled at common law to maintain an action for the seduction of an unmarried female may still maintain such action if the father or mother be not resident in the Territories at the time of the birth of the child which is born in consequence of the seduction or being resident therein does not bring an action. for the seduction within six months from the birth of the child. Action may 4. Notwithstanding anything in this Ordinance an action be brought by for seduction may be maintained by any unmarried female who party seduced in her own has been seduced, in her own name, in the same manner as an name action for any other tort and in any such action she shall be entitled to such damages as may be awarded. |