Proceedings

on public adminis

CHAPTER 5.

An Ordinance to amend Chapter 21 of The Consolidated Ordinances 1898, intituled "An Ordinance. respecting the Administration of Civil Justice."

THE

[Assented to April 29, 1899]

HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:

1. Chapter 21 of The Consolidated Ordinances 1898 is amended by adding to section 17 thereof the following sub

section :

"(2) Any person interested may by leave of the attorney general institute proceedings in his own naine on the security trator's bond to be furnished by public administrators as required hereby, without any assignment thereof, and in case a public administrator is directed by a judge to furnish security otherwise, any person interested may by leave of the Court or judge institute proceedings thereon without any assignment thereof."

Intestacy

under $200

2. Whenever a person dies, upon the filing of an affidavit where estate with the clerk or deputy clerk of the judicial district within which he had his last known place of abode, that as far as can be ascertained he has not left a will or testamentary disposition and that his estate does not exceed in value the sum of two hundred dollars, the public administrator shall at the expiration of sixty days after the decease of such person or within that time if a Judge so orders (unless some other person has applied for the grant to him of letters of administration or letters testamentary and such grant has been made) be the administrator of such estate to all intents and purposes as if letters of administration or letters testamentary had formally issued to him and the formal grant of probate or administration to him shall not be necessary.

(2) In any case in which the public administrator shall be the administrator of an estate under this section he shall, without any order for that purpose, advertise for claims once in a newspaper published weekly or semi-weekly at or near the last place of residence of the deceased, and after the expiration of two months from the said advertisement he shall proceed to distribute the cstate having regard only to the claims of which he shall have had notice.

(3) The remuneration of a public administrator acting hereunder shall be fixed by the judge at a lump sum and shall, subject to incumbrances on the estate, be a first charge thereon.

(4) After such administration the public administrator shall file in the clerk's office an account thereof verified on oath.

Authority to appoint process issuers

CHAPTER 6.

An Ordinance to amend Chapter 22 of the Consoli-
dated Ordinances 1898, intituled "An Ordinance
respecting Clerks and Deputy Clerks."

THES

[Assented to April 29, 1899.]

HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:

1. Section 7 of Chapter 22 of The Consolidated Ordinances 1898 is hereby amended by adding the following subsection:

"(2) In this section the expression "clerk" shall, as to the districts described in section 2 hereof, mean the deputy clerk for such districts respectively."

CHAPTER 7.

An Ordinance to declare and amend the Law of

Partnership.

[Assented to April 29, 1899.]

THE

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 Partnership Short title Ordinance 1899."

INTERPRETATION.

2. In this Ordinance unless the context otherwise requires- Interpretation 1. The expression "business" includes every trade, occupation "Business" or profession;

Judge in

2. "Court" shall mean the Supreme Court of the North-Court West Territories, and any judge of the court may at any time, chambers whether sitting in chambers or in court, exercise all the powers conferred by this Ordinance upon the court.

PARTNERSHIPS GENERALLY.

Nature of Partnership.

3. Partnership is the relation which subsists between persons Partnership carrying on a business in common with a view of profit.

(2) The relation between members of any company or association who constitute a body corporate under any law in force in the Territories is not a partnership within the meaning of this Ordinance.

defined

4. In determining whether a partnership does or does not Rules for exist, regard shall be had to the following rules:

1. Joint tenancy, tenancy in common, joint property, common property, or part ownership does not of itself create a partnership as to anything so held or owned, whether the tenants or owners do or do not share any profits made by the use thereof;

2. The sharing of gross returns does not of itself create a partnership, whether the persons sharing such returns have or

determining existence of partnership

In case of

assignment

for benefit of

of rights of

or selling in

of share of profits

have not a joint or common right or interest in any property from which or from the use of which the returns are derived;

3. The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but the receipt of such a share, or of a payment contingent on or varying with the profits of a business, does not of itself make him a partner in the business; and in particular―

(a) The receipt by a person of a debt or other liquidated

amount by instalments or otherwise out of the
accruing profits of a business does not of itself make
him a partner in the business or liable as such;
(b) A contract for the remuneration of a servant or agent
of a person engaged in a business by a share of the
profits of the business does not of itself make the
servant or agent a partner in the business or liable
as such;

(c) A person being the widow or child of a deceased partner,
and receiving by way of annuity a portion of the
profits made in the business in which the deceased
person was a partner, is not by reason only of such
receipt a partner in the business or liable as such;
(d) The advance of money by way of loan to a person
engaged or about to engage in any business on a
contract with that person that the lender shall receive
a rate of interest varying with the profits, or shall
receive a share of the profits arising from carrying
on the business, does not of itself make the lender a
partner with the person or persons carrying on the
business or liable as such, provided that the contract
is in writing, and signed by or on behalf of all the
parties thereto;

(e) A person receiving by way of annuity or otherwise a
portion of the profits of a business in consideration of
the sale by him of the goodwill of the business is not
by reason only of such receipt a partner in the
business or liable as such.

5. In the event of any person to whom money has been advanced by way of loan upon such a contract as is mentioned creditors, etc., in the last foregoing section, or of any buyer of a goodwill in postponement consideration of a share of the profits of the business, making person lending an assignment for the benefit of his creditors, entering into an consideration arrangement to pay his creditors less than one hundred cents in the dollar, or dying in insolvent circumstances, the lender of the loan shall not be entitled to recover anything in respect of his loan, and the seller of the goodwill shall not be entitled to recover anything in respect of the share of profits contracted for, until the claims of the other creditors of the borrower or buyer for valuable consideration in money or money's worth have been satisfied.

Meaning of

6. Persons who have entered into partnership with one