CHAPTER 11. An Ordinance for expediting the decision of Constitutional and other Legal Questions. TH [Assented to May 22, 1901.] HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. The Lieutenant Governor in Council may refer to the Reference to supreme court of the Territories for hearing or consideration court any matter which he thinks fit to refer and the court shall thereupon hear or consider the same. authorised certify 2. The court is to certify to the Lieutenant Governor in Court to Council its opinion on the question referred with the reasons opinion therefor which are to be given in like manner as in the case of a judgment in an ordinary action; and any judge who differs from the opinion of the majority may in like manner certify his opinion with his reasons therefor to the Lieutenant Governor in Council. General of 3. In case the matter relates to the constitutional validity Notice to of any Ordinance which has heretofore been or shall hereafter Attorney be passed by the Legislative Assembly or of some provision in Canada any such Ordinance the Attorney General of Canada shall be notified of the hearing in order that he may be heard if he sees fit. persons interested 4. The court shall have power to direct that any person Notice to interested or where there is a class of persons interested any one or more persons as representatives of such class shall be notified of the hearing and such persons shall be entitled to be heard. of counsel to argue case for interests 5. Where any interest affected is not represented by counsel Appointment the court may in its discretion request counsel to argue the case in such interest and reasonable expenses thereof shall be unrepresented paid out of the general revenue fund. 6. The opinion of the court shall be deemed a judgment of Appeal the court and an appeal shall lie therefrom as in the case of a judgment in an action. CHAPTER 12. An Ordinance respecting the Confirmation of Sales of [Assented to June 12, 1901.] On application parties have notice THEC HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. No application for an order for confirmation of a sale of Interested to land for taxes made under the provisions of any Ordinance of the Territories shall be heard by a judge until all personɛ appearing by the records of the proper land titles office to have any interest in the said land have received notice of such application unless such notice is dispensed with by the judge Right to redeem After redemption (2) Such notice shall be given by summons of the judge obtained ex parte to be served in such manner as the judge may direct and returnable in one month or such longer time as the judge may direct after service thereof. 2. Any person interested in such land may at any time before the time for hearing such application redeem the said land by paying to the purchaser or his assignee the amount of the purchase money paid and any further sums charged against the said land and lawfully paid together with twenty per cent. thereon and such costs as the judge may allow. 3. From the time of payment to the purchaser or his purchaser's assignee of the amounts mentioned in the next preceding section all right and interest of the purchaser in the said land shall cease and determine. interest to cease Transfer prima facie evidence When transfer conclusive evidence 4. Subject to the foregoing provisions on any application for an order for such confirmation the production of a transfer of the said land executed by the proper officer shall be prima facie evidence that all conditions have existed and all acts been performed and all requirements of the Ordinances in that behalf been complied with necessary to entitle the applicant to to the order of confirmation applied for. (2) If such application be not made until after the expiration of one year from the date of the transfer such transfer shall be conclusive evidence that all conditions have existed and all acts been performed and all requirements of the Ordinances in that behalf been complied with necessary to entitle the applicant to the order of confirmation applied for except on one of the following grounds: 1. Fraud or collusion; 2. That all taxes have been paid; 3. That the land was not liable to assessment. 5. Chapter 10 of the Ordinances of 1900 is hereby repealed. Repeal Widow entitled to estate if no children Mother entitled if no wife, child or father Illegitimate children to take Mother of illegtimate CHAPTER 13. An Ordinance respecting the Devolution of Estates. THEC [Assented to June 12, 1901.] HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. The property of any man hereafter dying intestate and leaving a widow but no issue shall belong to such widow absolutely and exclusively provided that prior to his death such widow had not left him and lived in adultery after leaving him. (2) This section shall apply to the property of any person who died before the date of the coming into force of this Ordinance in case no portion of the estate of such person has been distributed. 2. The mother of any person hereafter dying intestate without a wife, child or father shall be entitled to the whole of the property of such intestate. 3. In the distribution of personal property of any woman hereafter dying intestate her illegitimate children shall be entitled to the same rights as if they were legitimate. 4. When an illegitimate child hereafter dies intestate child to take without issue the mother of such child shall be entitled to any personal property which the said child was the owner of at the time of his death. 1901 CHAPTER 14. An Ordinance to further amend Chapter 22 of The THES [Assented to May 22, 1901.] HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. Section 23 of The Consolidated Ordinance respecting Section 23 Clerks and Deputy Clerks is hereby amended by adding the amended following subsection thereto : of clerk by (7) Notwithstanding anything in this section contained the Remuneration Lieutenant Governor in Council may order that all fees salary received by any clerk shall be paid to the Territorial Treasurer by such clerk within the first five days of the month following the month in which such fees are received; and as compensation in lieu of fees such clerk and his deputy in office (if there be one) shall be paid such annual salary as the Lieutenant Governor in Council determines; and such payment to the Territorial Treasurer shall be accompanied by a statement in such form as the Attorney General may prescribe verified under oath showing the amount of the fees received. |