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WHEREAS it is expedient to amend and to consolidate as
amended the several Acts relating to the North-West Territories of
Canada: Therefore Her Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, declares and enacts as follows :-
GOVERNMENT AND LEGISLATION.
North-West Territories defined.
1. The Territories formerly known as "Rupert's
Land" and the North-West Territory (with the exception of such portion
thereof as forms the Province of Manitoba and the District of Keewatin),
shall continue to be styled and known as the North-West Territories, and
the word "Territories" in this Act means the said Territories.
2. For the North-West Territories there shall be
an officer styled the Lieutenant-Governor, appointed by the Governor
General in Council, by instrument under the Great Seal of Canada, who
shall hold office during the pleasure of the Governor General ; and the
Lieutenant-Governor shall administer the Government under instructions
from time to time given him by Order in Council, or by the Secretary of
State of Canada. -
Administrator may be appointed.
3. The Governor in Council may, from time to
time, appoint an Administrator to execute the office and functions of
the Lieutenant-Governor during his absence, illness or other inability.
Lieutenant Governor or Administrator to take oath of
4. Every Lieutenant-Governor or Administrator so
appointed shall, before assuming the duties of his office, take and
subscribe before the Governor General, or some person duly authorized to
administer such oaths, an oath of allegiance and office similar to those
prescribed to be taken by a Lieutenant-Governor under "The British
North America Act, 1867."
Appointment of Council.
Oaths of allegiance and office.
5. The Governor General, with the advice of the
Queen's Privy Council for Canada, by warrant under his privy seal, may
constitute and appoint such and so many persons, from time to time, not
exceeding in the whole six persons, of which number the Stipendiary
Magistrates hereinafter mentioned shall, ex officio, form part, to be a
Council to aid the Lieutenant-Governor in the administration of the
North-West Territories: before entering upon the duties of their offices
the persons so appointed shall take and subscribe before the
Lieutenant-Governor such oath of allegiance and such oath of office as
the Governor in Council may prescribe ; and the majority of the Council
so appointed shall form a quorum.
Duties and Oath of Clerk of Council.
6. The Governor may appoint a clerk of the said
Council who shall act as, and perform the duties of Secretary to the
Lieutenant-Governor, and who shall take before the Lieutenant-Governor
such oath of office as the Governor in Council may prescribe.
Seat of Government.
7. The Seat of Government of the North-West
Territories shall be fixed, and may from time to time be changed, by the
Governor in Council.
Existing laws continued until repealed or altered.
8. All laws and ordinances now in force in the
North West Territories, and not repealed by or inconsistent with this
Act, shall remain in force until it is otherwise ordered by the
Parliament of Canada, by the Governor in Council, or by the
Lieutenant-Governor in Council under the authority of this Act.
Powers of Lt.-Gov. and Council or Assembly.
Proviso: limitation of powers.
9. The Lieutenant-Governor in Council, or the
Lieutenant-Governor, by and with the advice and consent of the
Legislative Assembly, as the case may be, shall have such powers to make
ordinances for the government of the North-West Territories as the
Governor in Council may, from time to time, confer upon him : Provided
always, that such powers shall not at any time be in excess of those
conferred by the ninety-second and ninety-third sections of "The
British North America Act, 1867," upon the Legislatures of the
several Provinces of the Dominion :
Proviso : as to ordinances.
2. Provided also, that no ordinance to be so made shall-
(a) be inconsistent with or alter or repeal any provision of any Act of
the Parliament of Canada in the Schedule to this Act, or of any Act of
the Parliament of Canada, which may now, or at any time hereafter,
expressly refer to the said Territories, or which or any part of which
may be at any time made by the Governor in Council, applicable to or
declared to be in force in the said Territories, or,- (b) impose any fine
or penalty exceeding one hundred dollars.
Provision as to ordinances respecting education.
10. When, and so soon as any system of taxation
shall be adopted in any district or portion of the North-West
Territories, the Lieutenant-Governor, by and with the consent of the
Council or Assembly, as the case may be, shall pass all necessary
ordinances in respect to education ; but it shall therein be always
provided, that a majority of the ratepayers of any district or portion
of the North-West Territories, or any lesser portion or sub-division
thereof, by whatever name the same may be known, may establish such
schools therein as they may think fit, and make the necessary assessment
and collection of rates therefor ; and, further, that the minority of the
ratepayers therein, whether Protestant or Roman Catholic, may establish
separate schools therein, and that in such latter case, the ratepayers
establishing such Protestant or Roman Catholic separate schools shall be
liable only to assessments of such rates as they may impose upon
themselves in respect thereof.
Disallowance of ordinances.
Proviso : to be laid before Parliament.
11. An authentic copy of every such ordinance
shall be mailed for transmission to the Secretary of State, within
thirty days after its passing ; and if the Governor in Council at any
time within one year after its receipt by the Secretary of State, thinks
fit to disallow the ordinance, such disallowance being signified by the
Secretary of State to the Lieutenant-Governor, shall annul the ordinance
from and after the date of such signification : and all ordinances so
made, and all Orders in Council disallowing any ordinances so made,
shall be laid before both Houses of Parliament, as soon as conveniently
may be after the making and enactment thereof respectively.
Lieut.-Governor to preside at Council meetings.
Form of enacting ordinances.
12. The Lieutenant-Governor shall preside at all
sittings of the Council; he shall on all subjects have the same right to
vote as Councillors have, with a casting vote in case of a tie; and such
ordinances as aforesaid shall be made by the Lieutenant-Governor in
Council, and shall be expressed to be so made; but this section shall
cease to have effect when the number of members of the Council elected
under section fifteen of this Act amounts to twenty-one, and a
Legislative Assembly has been formed for the said Territories.
Governor in Council may apply Acts, &c., of Canada to
13. The Governor in Council may, by
proclamation, from time to time, direct that any Act of the Parliament
of Canada, or any part or parts thereof, or any one or more of the
sections of anyone or more of any such Acts shall be in force in the
North-West Territories generally, or any part or parts thereof to be
mentioned in the said proclamation for such purpose.
Certain printed copies of laws, &c., to be evidence.
14. Any copy of any Proclamation or Order made
by the Governor in Council, or Ordinance, Proclamation or Order made by
the Lieutenant-Governor in Council or the Lieutenant-Governor by and
with the advice and consent of the Legislative Assembly, as the case may
be, of the North-West Territories, printed in the Canada Gazette or
purporting to be printed by the Queen's Printer at Ottawa, or Printer to
the Government of Manitoba at Winnipeg, or to the Government of the
North-West Territories, shall be primâ facie evidence of such
Proclamation or Order, and that it is in force.
ELECTION OF MEMBERS OF COUNCIL OR ASSEMBLY.
Erection of electoral districts.
15. When and so soon as the Lieutenant-Governor
is satisfied by such proof as he may require, that any district or
portion of the North-West Territories, not exceeding an area of one
thousand square miles, contains a population of not less than one
thousand inhabitants of adult age, exclusive of aliens or unenfranchised
Indians, the Lieutenant-Governor shall, by Proclamation, erect such
district or portion into an Electoral District, by a name and with
boundaries to be respectively declared in the proclamation, and such
electoral district shall thenceforth be entitled to elect a member of
the Council, or of the Legislative Assembly, as the case may be.
Proceedings thereupon for election of members of
Council or Assembly.
16. The Lieutenant-Governor shall thereafter
cause a writ to be issued by the Clerk of the Council in such form and
addressed to such Returning Officer as he thinks fit, and until the
Lieutenant-Governor in Council otherwise provides, he shall by
Proclamation prescribe and declare the mode of providing voters' lists,
the oaths to be taken by voters, the powers and duties of Returning and
Deputy Returning Officers, the proceedings to be observed at such
elections, and the period during which such elections may be continued,
and such other provisions in respect to such election as he may think
17. The persons qualified to vote at such
election shall be the bonâ fide male residents and householders of adult
age, not being aliens or unenfranchised Indians, within the electoral
district, and shall have respectively resided in such electoral district
for at least twelve months immediately preceding the issue of the said
18. Any person entitled to vote may be elected.
Additional member for any district.
19. When and so soon as the Lieutenant-Governor
is satisfied as aforesaid, that any electoral district contains a
population of two thousand inhabitants of adult age, exclusive of aliens
or unenfranchised Indians, he shall issue his writ for the election of a
second member for the electoral district.
Powers, &c. of elected members of Council.
20. Elected members of the Council shall take
the same oaths and have the same powers, rights and privileges as
members appointed by the Governor ; and so soon as any members have been
elected, a majority of those appointed and elected shall form a quorum
for the transaction of business.
When Council to be succeeded by Legislative Assembly.
21. When the number of elected members amounts
to twenty-one, the Council hereinbefore appointed shall cease and be
determined ; and the members so elected shall be constituted and
designated as the Legislative Assembly of the North-West Territories,
and all the powers by this Act vested in the Council shall be
thenceforth vested in and exercisable by the said Legislative Assembly :
Sittings and powers of Assembly.
2. Such Legislative Assembly shall be summoned at least
once a year, shall sit separately from the Lieutenant-Governor, and
shall present Bills passed to the Lieutenant-Governor for his assent,
who may approve or disapprove of the same, or reserve the same for the
assent of the Governor.
Number of members and term of service.
22. The number of members so to be elected, as
herein be-fore mentioned, shall not exceed twenty-one at which number
the representation shall remain ; the members so elected shall hold their
seats for a period not exceeding two years, when they shall retire and
others shall be elected in their stead, unless they are re-elected, as
they may be ; and another member shall be elected in the stead of any
member dying, or resigning his seat.
DESCENT OF REAL ESTATE.
Succession to real estate.
23. Whenever any person dies seized in fee
simple or for the life of another, of any real estate in the North-West
Territories, without having lawfully devised the same, such real estate
shall descend or pass by way of succession in manner following, that is
to say :-
Firstly. To his lineal descendants, and those
claiming by or under them, per stirpes ;
Secondly. To his father ;
Thirdly. To his mother ; and-
Fourthly. To his collateral relatives ;
Subject in all cases to the rules and regulations
Descendants in equal degrees of consanguinity.
24. If the intestate leaves several descendants
in the direct line of lineal descent, and all of equal degree of
consanguinity to such intestate, the inheritance shall descend to such
persons in equal parts, however remote from the intestate the common
degree of consanguinity may be.
Division among children and their descendants.
25. If any one or more of the children of such
intestate be living, and anyone or more be dead, the inheritance shall
descend to the children who are living, and to the descendants of such
children as have died, so that each child who shall be living shall
inherit such share as would have descended to him if all the children of
the intestate who have died, leaving issue, had been living; and so that
the descendants of each child who shall be dead shall inherit in equal
shares the share which their parent would have received if living.
Rule of descent defined in case of unequal degrees of
26. The rule of descent prescribed in the last
preceding section shall apply in every case where the descendants of the
intestate, entitled to share in the inheritance, shall be of unequal
degrees of consanguinity to the intestate, so that those who are in the
nearest degree of consanguinity shall take the shares which would have
descended to them, had all the descendants in the same degree of
consanguinity who have died, leaving issue, been living, and so that the
issue of the descendants who have died, shall respectively take the
shares which their parents, if living, would have received.
Succession of father or member where no descendants.
27. In case the intestate dies without lawful
descendants, and leaving a father, then the inheritance shall go to such
father, unless the inheritance came to the intestate on the part of his
mother, and such mother be living and if such mother be dead, the
inheritance descending on her part shall go to the father for life, and
the reversion to the brothers and sisters of the intestate and their
descendants, according to the law of inheritance by collateral
relatives, hereinafter provided ; and if there be no such brothers or
sisters or their descendants living, such inheritance shall go to the
Succession where no descendants and no father capable
28. If the intestate dies without descendants
and leaving no father, or leaving a father not entitled to take the
inheritance under the last preceding section, and leaving a mother and a
brother or sister, or the descendant of a brother or sister, then the
inheritance shall descend to the mother during her life, and the
reversion to such brother or sister of the intestate as may be living,
and the descendants of such as may be dead, according to the same law of
inheritance hereinafter provided ; and if the intestate in such case
leaves no brother or sister, nor any descendant of any brother or
sister, the inheritance shall descend to the mother.
If no father or mother capable of inheriting.
29. If there be no father or mother capable of
inheriting the estate, it shall descend, in the cases hereinafter
specified, to the collateral relatives of the intestate ; and if there be
several of such relatives, all of equal degree of consanguinity to the
intestate, the inheritance shall descend to them in equal parts, however
remote from the intestate the common degree of consanguinity may be.
Succession of brothers and sisters and their
30. If all the brothers and sisters of the intestate
be living the inheritance shall descend to such brothers and
sisters ; and if any one or more of them be living, and anyone or more be
dead, then to the brothers and sisters and every of them who are living,
and to the descendants of such brothers and sisters as have died, so
that each brother or sister who may be living shall inherit such share
as would have descended to him or her, if all the brothers or sisters of
the intestate who have died leaving issue had been living, and so that
such descendants shall inherit, in equal shares, the share which their
parent, if living, would have received.
As to lineal descendants in unequal degree.
31. The same law of inheritance as prescribed in
the last section shall prevail as to the other direct lineal descendants
of every brother and sister of the intestate, to the remotest degree,
whenever such descendants are of unequal degree.
If no heir under foregoing provisions.
32. If there be no heir entitled to take under
any of the preceding nine sections, then the inheritance, if the same
came to the intestate on the part of his father, shall descend,-
Firstly. To the brothers and sisters of the father of the
intestate in equal shares, if all be living ;
Secondly. If one or more be living, and one or more have died
leaving issue, then to such brothers and sisters as are living, and to
the descendants of such of the said brothers and sisters as have died,
in equal shares ;
Thirdly. If all such brothers and sisters have died, then to
their descendants ; and in all such cases the inheritance shall descend
in the same manner as if all such brothers and sisters had been the
brothers and sisters of the intestate.
Further provisions in such case.
33. If there be no brothers or sisters, or any
of them, of the father of the intestate, and no descendants of such
brothers or sisters, then the inheritance shall descend to the brothers
and sisters of the mother of the intestate, and to the descendants of
such of the said brothers and sisters as have died, or if all have died,
then to their descendants, in the same manner as if all such brothers
and sisters had been the brothers and sisters of the father.
If inheritance came by mother's side.
34. In all cases not herein provided for, where
the inheritance came to the intestate on the part of his mother, the
same, instead of descending to the brothers and sisters of the
intestate's father, and their descendants, as prescribed in the
preceding thirty-second section, shall descend to the brothers and
sisters of the intestate's mother, and to their descendants, as directed
in the last preceding section ; and if there be no such brothers and
sisters or descendants of them, then such inheritance shall descend to
the brothers and sisters, and their descendants, of the intestate's
father as before prescribed.
If it came neither from father's or mother's side.
35. In cases where the inheritance has not come
to the intestate on the part of either the father or the mother, the
inheritance shall descend to the brothers and sisters both of the father
and mother of the intestate in equal shares, and to their descendants,
in the same manner, as if all such brothers and sisters had been the
brothers and sisters of the intestate.
Relatives of half-blood.
36. Relatives of the half-blood shall inherit
equally with those of the whole blood in the same degree, and the
descendants of such relatives shall inherit in the same manner as the
descendants of the whole blood, unless the inheritance came to the
intestate by descent, devise or gift of some one of his ancestors ; in
which case all those who are not of the blood of such ancestors shall be
excluded from such inheritance.
Failure of heirs.
37. On failure of heirs under the preceding
rules, the inheritance shall descend to the remaining next of kin of the
intestate, according to the rules in the English Statute of
distributions of personal estate.
Co-heirs to be tenants in common.
38. Whenever there is but one person entitled to
inherit according to the provisions hereinbefore contained, he shall
take and hold the inheritance solely ; and whenever an inheritance, or a
share of an inheritance, shall descend to several persons under such
provisions, they shall take as tenants in common in proportion to their
Posthumous heirs to inherit
39. Descendants and relatives of the intestate
begotten before his death, but born thereafter, shall in all cases
inherit in the same manner as if they had been born in the lifetime of the
intestate, and had survived him.
Illegitimates not to inherit.
40. Children and relatives who are illegitimate
shall not be entitled to inherit under any of the provisions of this
41. The estate of a widow as tenant in dower,
shall not be affected by any of the provisions hereinbefore contained.
OTHER PROVISIONS AS TO REAL ESTATE.
42. Aliens may acquire, inherit, grant, lease
and devise real estate within the North-West Territories.
Lands, &c., to lie in grant as well as in livery.
Deeds of grant.
43. All lands, tenements and hereditaments, and
any share or interest therein, shall, as regards the conveyance of the
immediate freehold thereof, be deemed to lie in grant as well as in
livery. Deeds of grant shall be executed and delivered in duplicate,
attested by one witness, and the execution and delivery thereof duly
proved on oath, for the purpose of registration.
44. A feoffment, otherwise than by deed, shall
be void at law, and no feoffment shall have any tortious operation.
How corporations who may hold may convey,
45. Any corporation aggregate in the North-West
Territories capable of taking and conveying land, shall be deemed to be
capable of taking and conveying land by deed of bargain and sale in like
manner as any person in his natural capacity.
Enrolment or registration not necessary to validity of
46. No deed of bargain and sale of land in the
North-West Territories shall require enrolment or registration to supply
the place of enrolment, for the mere purpose of rendering such bargain
and sale a valid and effectual con-veyance for passing the land thereby
intended to be bar-gained and sold.
Wills and intestacy.
47. Every person may devise, bequeath, or
dispose of by will executed in manner hereinafter mentioned, all real
estate and personal estate which he shall be entitled to, either at law
or in equity, at the time of his death, and which if not so devised,
bequeathed, or disposed of, would devolve upon his heir-at-law, or upon
his executor or administrator.
Testator must be of age.
48. No will made by any person under the age of
twenty-one years shall be valid.
Execution of wills.
49. No will shall be valid unless it shall be in
writing, and executed in manner hereinafter mentioned ; that is to say,
it shall be signed at the foot or end thereof by the testator, or by
some other person in his presence, and by his direction ; and such
signature shall be made or acknowledged by the testator in the presence
of two or more witnesses, present at the same time; and such witnesses
shall attest and shall subscribe the will in the presence of the
testator, but no form of attestation shall be necessary.
No further publication required.
50. Every will executed in manner hereinbefore
required, shall be valid without any other publication thereof.
Subsequent incompetency of witness
51. If any person who attests the execution of a
will shall, at the time of the execution thereof, or at any time
afterwards, be incompetent to be admitted a witness to prove the
execution thereof, such will shall not on that account be invalid.
Executor may be witness.
52. No person shall, on account of his being an
executor of a will, be incompetent to be admitted a witness to prove the
execution of such will, or a witness to prove the validity, or
Devise or legacy to witness to be void, but witness may
53. If any person shall attest the execution of
any will, to whom, or to whose wife or husband, any beneficial devise or
legacy affecting any real or personal estate (other than charges for
payment of debts) shall be thereby given, such devise or legacy shall so
far only as concerns such person attesting the execution of such will,
or the wife or husband of such person, or any person claiming under such
person, wife or husband, be utterly null and void, and such person so
attesting shall be admitted to prove the execution of such will, or the
validity or invalidity of such will, notwithstanding such devise or
Revocation of wills or codicils.
54. No will or codicil, or any part thereof,
shall be revoked otherwise than by marriage or by another will or
codicil executed in manner hereinbefore required, or by some writing
declaring an intention to revoke the same, and executed in the manner in
which a will is hereinbefore required to be executed, or by the burning,
tearing, or otherwise destroying the same, by the testator, or by same
person in his presence and by his direction, with the intention of
revoking the same.
How a will shall be construed.
55. Every will shall be construed with reference
to the real and personal estate comprised in it, to speak and take
effect as if it had been executed immediately before the death of the
testator, unless a contrary intention appears by the will.
When there is no limitation, fee simple shall pass.
56. Where any real estate is devised to any
person without any words of limitation, such devise shall be construed
to pass the fee simple, or other the whole estate or interest, which the
testator had power to dispose of by will, in such real estate, unless a
contrary intention shall appear by the will.
Separate rights of married woman in real estate.
57. The real estate of any married woman, which
is owned by her at the time of her marriage, or acquired in any manner
during her coverture, and the rents, issues and profits thereof
respectively, shall, without prejudice and subject to the trusts of any
settlement affecting the same, be held and enjoyed by her for her
separate use, free from any estate or claim of her husband during her
lifetime, or as tenant by the courtesy, and her receipt alone shall be a
discharge for any rents, issues and profits ; and any married woman shall
be liable on any contract made by her respect-ing her real estate, as if
she were a feme sole.
Her own earnings to be hers absolutely.
No order necessary.
58. All the wages and personal earnings of a
married woman, and any acquisitions therefrom, and all proceeds or
profits from any occupation or trade which she carries on separately
from her husband, or derived from any literary, artistic or scientific
skill, and all investments of such wages, earnings, moneys or property,
shall hereafter be free from the debts or dispositions of the husband,
and shall be held and enjoyed by such married woman, and disposed of
with-out her husband's consent, as fully as if she were a feme sole; and
no order for protection shall hereafter become necessary in respect of
any such earnings or acquisitions ; and the possession, whether actual
or constructive, of the husband, of any personal property of any married
woman, shall not render the same liable for his debts.
Deposit in bank.
59. A married woman may make deposits of money
in her own name in any savings or other bank, and withdraw the same by
her own check ; and any receipt or acquittance of such depositor shall be
a sufficient legal discharge to any such bank.
Fraudulent investments by husband, invalid.
60. Nothing hereinbefore contained in reference
to moneys deposited or investments by any married woman, shall, as
against creditors of the husband, give validity to any deposit or
investment of moneys of the husband made in fraud of such creditors ; and
any money so deposited or invested may be followed as if this Act had
not been passed.
Debts of wife before and after marriage.
61. A husband shall not by reason of any
marriage be liable for the debts of his wife contracted before marriage,
but the wife shall be liable to be sued therefor, and any property
belonging to her for her separate use shall be liable to satisfy such debts
as if she had continued unmarried ; and a husband shall not be liable for
any debts of his wife in
respect of any employment or business in which she is engaged on her own
behalf, or in respect of any of her own contracts.
Suits by and against a married woman.
62. A married woman may maintain an action in
her own name for the recovery of any wages, earnings, money and
property, declared by this Act or which may be hereafter declared to be
her separate property, and shall have in her own name the same remedies,
both civil and criminal, against all persons whomsoever for the
protection and security of such wages, earnings, money and property, and
of any chattels or other her separate property, for her own use, as
if such wages, earnings, money, chattels and property belonged to her as
an unmarried woman; and any married woman may be sued or proceeded
against separately from her husband in respect of any of her separate
debts, engagements, contracts or torts as if she were unmarried.
REGISTRATION OF DEEDS.
Registrar of deeds, his appointment and duties.
Fees collected by Registrar to be paid over.
Form and effects of registration.
63. The Governor may appoint a Registrar of
Deeds in and for the North-West Territories, who shall hold office
during pleasure and shall reside and keep his office in a place to be
named for that purpose in his commission, or at such other place as may
be appointed for that purpose from time to time by the Governor in
Council, and who shall register all deeds and other instruments relating
to lands situate in any part of the North-West Territories, and Letters
Patent for which have been issued by the Crown. And the
Lieutenant-Governor in Council shall fix the fees to be paid for the
registration of all such deeds and instruments, which fees shall be
collected by the Registrar, and being first verified on oath, shall by
him be paid over to the Lieutenant-Governor, at the end of every quarter
in each year, on account of the Consolidated Revenue Fund of Canada ; and
the forms incident to and the effect of such registration shall be
governed by laws made under this Act.
64. The Governor in Council may, from time to
time, by proclamation, set off any part of the said Territories and form
the same into a Registration District, and may appoint a Registrar
therefor ; and from and after the day named in such proclamation no
registrations shall be made in such district by the general registrar.
Transmission of books, &c., to new districts.
65. Whenever any part of the Territories is set
off as a registration district as aforesaid, the registrar of the
Territories or district from which such new registration district is
detached, shall deliver to the registrar of such new district all books
and indexes, and all instruments, maps, plans and documents in his
office exclusively relating to lands situate within the limits of the
Oath of Registrar.
66. Every registrar, before he enters upon the
duties of his office, shall, before the Lieutenant-Governor or before a
Stipendiary Magistrate for the North-West Territories, take the
following oath in duplicate,- one duplicate of which oath shall be filed
in the registry office,- and the other duplicate in the office of the
" I (name and describe deponent) having been
appointed to the office of in and for the North-West Territories, do
swear that I will well, truly and faithfully perform and execute all
duties required of me by law, pertaining to the said office, so long as
I continue therein."
Registrar removed from office to deliver up books, &c.,
to person entitled to receive the same.
Penalty for refusing to do so.
67. In case any registrar is removed from, or
resigns his office, he shall forthwith deliver up all books, plans,
instruments, and other public property in his possession as such
registrar, to the person who is appointed registrar in his stead, or to
any other person who may be specially appointed in writing by the
Lieutenant-Governor to receive the same; and if such registrar refuses
to do so, the Lieutenant-Governor may direct the sheriff, or some other
peace officer of the North-West Territories, to seize and to take
immediate possession of the same wheresoever found; and the registrar so
offending shall be liable, on conviction before a judge or Stipendiary
Magistrate, to a fine not exceeding one hundred dollars, or to any term
of imprisonment not exceeding six months.
Security to be given by Registrar.
Not to be exempt from further responsibility.
68. The Lieutenant-Governor in Council may, from
time to time, fix and determine the nature and amount of the security to
be given by each registrar,- which security shall be available to any
aggrieved person or persons to indemnify him or them against any damage
or loss sustained by him or them, by or through the neglect or
misconduct of the registrar or his deputy, in the performance of the
duties of his office, not exceeding the penalty or amount named therein ;
but this provision shall not exempt the registrar from any further
responsibility beyond the amount of such security to persons sustaining
loss or damage as aforesaid.
69. Each registrar may appoint a deputy in his
office, who may perform all the duties required under this or any
ordinance to be made in that behalf, in the same manner and to the like
effect as if done by the registrar ; and such appointment shall be in
writing, under the hand of the registrar ; and in case of the death,
resignation, removal or forfeiture of office of the registrar, the
deputy registrar shall do and perform all and every act, matter and
thing, necessary for the due execution of the said office, until a new
appointment of registrar is made.
Oath taken by Deputy Registrar.
70. Every deputy registrar, before he enters on
the execution of his office, shall, before the Lieutenant-Governor, or a
Stipendiary Magistrate for the North-West Territories, take an oath to
the like effect as that appointed to be taken by the registrar, such
oath to be in duplicate, and filed in the same manner as the registrar's
ADMINISTRATION OF JUSTICE.
Sheriff, appointment and duties.
Security to be given by.
71. The Governor may appoint a Sheriff in and
for the North-West Territories, who shall hold office during pleasure,
and who shall reside and keep his office in a place to be named for that
purpose in his commission ; or at such other place as may, from time to
time, be named by the Governor in Council, and who shall perform the
duties of such office under the laws then in force in the said
Territories. The sheriff shall furnish such security for the performance
of his official duties, as the Lieutenant-Governor in Council may require.
Disposal of N.-W. M. Police Force.
72. The Lieutenant-Governor shall, but subject
to any orders in that behalf from time to time of the Governor, have
power to issue orders to the North-West Mounted Police Force, in aid of
the administration of civil and criminal justice, and for the general
peace, order and good government of the said Territories.
Justices of the Peace.
73. The Lieutenant-Governor may appoint Justices
of the Peace for the North-West Territories, who shall have jurisdiction
as such throughout the same.
Stipendiary Magistrates, appointment and residence.
Superannuation Acts to apply to these officers.
74. The Governor may, from time to time,
appoint, by commission under the Great Seal, one or more fit and proper
person or persons, barristers-at-law or advocates of five years' standing
in any of the Provinces, not exceeding three, to be and act as a
Stipendiary Magistrate or Stipendiary Magistrates within the North-West
Territories, who shall hold office during pleasure, and who shall reside
at such place or places as may, from time to time, be ordered by the
Governor in Council: and the Acts thirty-third Victoria, chapter four,
thirty-sixth Victoria, chapter thirty-two, and thirty-eighth Victoria,
chapter nine, providing for the superannuation of officers employed in
the public service of the Dominion shall apply to all Stipendiary
Magistrates appointed under this Act.
Oath of office and jurisdiction.
75. Each Stipendiary Magistrate, having taken
the following oath before the Lieutenant-Governor or any Stipendiary
Magistrate in the North-West Territories, that is to say:-
"I -------, do swear that I will truly and faithfully
execute the several powers, duties and trusts committed to me by or
under 'The North-West Territories Act, 1880, ' without fear,
without favour, and without malice. So help me God,"-
Shall have jurisdiction throughout the North-West
Territories, but shall usually exercise the same within such districts
or portions thereof as may, from time to time, be designated by the
Governor in Council.
Functions and powers to hear and determine certain
76. Each Stipendiary Magistrate shall have the
magisterial, and other functions appertaining to any Justice of the
Peace, or any two Justices of the Peace, under any laws or ordinances
which may, from time to time, be in force in the North-West Territories,
and shall also have power to hear and determine any charge against any
person for any criminal offence alleged to have been committed in the
North-West Territories, or in territory eastward of the Rocky Mountains
wherein the boundary between the Province of British Columbia and the
North-West Territories has not been officially ascertained, as follows
Larceny, &c., where property stolen does not exceed
1. When the accused is charged with having committed or
attempted to commit larceny, embezzlement, or obtaining money or
property by false pretences, or feloniously receiving stolen property,
in any case in which the value of the whole property alleged to have
been stolen, embezzled, obtained or received, does not, in the judgment
of such Stipendiary Magistrate, exceed two hundred dollars ; or-
2. With having committed an aggravated assault, by
unlawfully and maliciously inflicting upon any other person, either with
or without a weapon or instrument, any grievous bodily harm, or by
unlawfully and maliciously cutting, stabbing, or wounding any other
person ; or-
On females or children.
3. With having committed an assault upon any female
whatever, or upon any male child whose age does not, in the opinion of
the magistrate, exceed fourteen years, such assault, if upon a female,
not amounting in his opinion, to an assault with intent to commit a
rape ; or-
Escape, or assault on magistrates.
4. Having escaped from lawful custody, committed prison
breach, assaulted, obstructed, molested or hindered any Stipendiary
Magistrate, Justice of the Peace, Commissioned Officer of Police,
Constable, Bailiff or other Peace Officer or Officer of Customs, Excise,
or other officer, in the lawful performance of his duty, or with intent
to prevent the performance thereof :
Charge to be tried summarily.
The charge shall be tried in a summary way and without
the intervention of a jury.
In other case trial by jury.
5. In all other criminal cases the Stipendiary
Magistrate and a Justice of the Peace, with the intervention of a jury
of six, may try any charge against any person or persons for any crime.
Trial to be in open court.
6. The courts of the Stipendiary Magistrate or
Stipendiary Magistrates and Justices of the Peace, as the case may be,
sitting on any such trials, shall be open, public courts.
Notes of evidence.
Defence by counsel.
7. The Stipendiary Magistrate shall, upon every such
trial, take or cause to be taken, in writing, full notes of the evidence
and other proceedings thereat ; and all persons tried as aforesaid shall
be admitted after the close of the case for the prosecution to make full
answer and defence by counsel, attorney or agent.
Death sentence to be reported.
Stay of execution.
8. When any person is convicted of a capital offence
and is sentenced to death, the Stipendiary Magistrate shall forward to
the Minister of Justice full notes of the evidence with his report upon
the case ; and the execution shall be postponed from time to time by the
Stipendiary Magistrate if found necessary, until such report is received
and the pleasure of the Governor thereon is communicated to the
Summoning of jurors.
9. Persons required as jurors for a trial shall be
summoned by a Stipendiary Magistrate from among such male persons as he
may think suitable in that behalf ; and the jury required on such trial
shall be called from among the persons so summoned as such jurors, and
sworn by the Stipendiary Magistrate who presides at the trial.
10. Any person arraigned for treason or felony may
challenge peremptorily and without cause not more than six jurors :
Void beyond six.
11. Every peremptory challenge beyond the number so
allowed shall be entirely void :
The Crown may peremptorily challenge not more than four
Challenges for cause.
32, 33 Vic., c. 29.
Challenges for cause shall be the same as now provided
for under the Act, chapter twenty-nine, thirty-second and thirty-third
Victoria, intituled "An Act respecting procedure in criminal cases
and other matters relating to criminal law."
Provision if the list of jurors is exhausted.
Fine on juror summoned and not serving.
12. If, from challenges or otherwise, the jurors
summoned for the trial are exhausted, the Stipendiary Magistrate shall
direct some constable or other person to summon by word of mouth from
among the bystanders or from the neighbourhood, such number of persons
as may be necessary to make up a jury, the persons so summoned being
subject to challenge as those summoned by the Magistrate in the first
instance, and the like proceedings shall be repeated, if necessary,
until a jury be formed, competent to try the case; and any person
summoned, as hereby provided, to serve as a juror, and making default
or refusing to serve as such without lawful excuse to the satisfaction
of the Magistrate, may be fined by him in a sum not exceeding ten
dollars, and committed to prison until such fine be paid.
Witness failing to attend to be guilty of contempt.
13. Any person duly warned, whether on behalf of the
prisoner or against him, duly to attend and give evidence on any such
trial shall be bound to attend on the day appointed for the same and
shall remain in attendance through-out the whole trial, and in case he
fails so to attend, he shall be held guilty of contempt of court, and he
may be proceeded against therefor accordingly.
Witness in contempt may be apprehended, detained or
released on recognizance.
Penalty for contempt.
14. And upon proof to the satisfaction of the
Stipendiary Magistrate of the warning of any witness who fails to
attend, and such Stipendiary Magistrate being satisfied that the
presence of such witness before him is indispensable to the ends of
justice, he may, by his warrant, cause the said witness to be
apprehended and forthwith brought before him to give evidence and to
answer for his disregard of the warning, and such witness may be
detained on such warrant with a view to secure his presence as a
witness, or, such witness may be released on recognizance with or
without sureties conditioned for his appearance to give evidence as
therein mentioned, and to answer for his default as for a contempt ; or
the Stipendiary Magistrate may in a summary manner examine into and
dispose of the charge of contempt against the said witness, who if found
guilty thereof may be fined or imprisoned, or both,- such fine not to
exceed one hundred dollars, and such imprisonment to be in the com-mon
gaol, with or without hard labour, and not to exceed the term of ninety
Returns of trials to Lieut.-Governor.
15. Returns of all trials and proceedings, civil and
criminal, shall be made to the Lieutenant-Governor in such form and at
such times as he may direct.
Appeal to Queen's Bench Manitoba.
Mode of appeal.
77. A person convicted of any offence punishable
by death may appeal to the Court of Queen's Bench of Manitoba, which
shall have jurisdiction to confirm the conviction or to order a new
trial ; and the mode of such appeal and all particulars relating
thereto, shall be determined from time to time by ordinance of the
Lieutenant-Governor in Council.
Convict may be imprisoned in N.-W. T. or sent to
penitentiary in Manitoba.
Conveyance of prisoners.
Duties and powers of warden of penitentiary.
78. If imprisonment for not less than two years
be awarded in any case, the convict may be ordered to be imprisoned in
any gaol or penitentiary in the North-West Territories or to be conveyed
to the penitentiary in the Province of Manitoba on the warrant of the
Stipendiary Magistrate ; and whenever any convict or accused person is
ordered to be conveyed to the penitentiary in Manitoba, any constable or
other person in whose charge he is to be so conveyed, shall have the
power to hold and convey him, or to re-take him in case of an escape ;
and the warden of the penitentiary in Manitoba shall have the same power
to detain and deal with him, in the said Province, as if it were within
the North-West Territories, or as if the said convict or accused person
had been ordered to be conveyed to such gaol or penitentiary by some
competent court or authority in the said Province.
When at a distance from a gaol to be kept in custody of
N.-W. M. Police.
79. Where it is impossible or inconvenient, in
the absence or remoteness of any gaol or other place of confinement, to
carry out any sentence of imprisonment, any Justice of the Peace or
Stipendiary Magistrate may, according to their several powers and
jurisdictions, sentence such person so convicted before him or them, and
sentenced, as aforesaid, to such imprisonment, to be placed and kept in
the custody of the North-West Mounted Police, with or without hard
labour ; and any Police guard house or guard room in the said Territories
shall be a penitentiary, gaol or place of confinement for the purposes
of this Act.
Erection of penitentiaries, gaols, and lock-ups.
80. The Governor in Council may cause to be
erected in any part or parts of the North-West Territories any building
or buildings, or enclosure or enclosures, for the purpose of a
penitentiary, gaol or lock-up, for the confinement of prison-ers charged
with the commission of any offence, or sentenced to any punishment
therein ; and confinement or imprisonment therein shall be held lawful
and valid, whether under sentence of imprisonment in a penitentiary,
gaol or other place of confinement.
Provision when in N.-W. T. there are no such officers
as designated in any Act of Parliament.
81. Whenever in any Act of Parliament of Canada
in force in the North-West Territories, any officer is designated for
carrying on any duty therein mentioned, and there shall be no such
officer in the North-West Territories, the Lieutenant-Governor in
Council may order by what other person or officer such duty shall be
performed, and anything done by such person or officer, under such order,
shall be valid and legal in the premises ; or if it be in any such Act
ordered that any document or thing shall be transmitted to any offi-cer,
court, territorial division or place, and there is then in the said
North-West Territories no such officer, court or terri-torial division
or place, then the Lieutenant-Governor in Council may order to what
officer, court or place such transmission shall be made, or may
dispense with the transmission thereof.
82. The Stipendiary Magistrates under this Act,
the Commissioner and Assistant Commissioner of the North-West Mounted
Police Force, and such other person or persons as the Governor in
Council may, from time to time, approve, shall be coroners in and for
the North-West Territories.
Inquest only in certain cases.
2. Except as hereinafter provided, no inquest shall be
held upon the body of any deceased person by any coroner, unless it has
been made to appear to such coroner, that there is reason to believe the
deceased died from violence or unfair means, or by culpable or negligent
conduct either of himself or of others, under such circumstances as
require investigation, and not through mere accident or mischance.
Death in gaol.
3. Upon the death of any prisoner, the gaoler or
officer in charge of the gaol wherein such prisoner dies shall
immediately give notice to the nearest resident coroner, and such
coroner shall proceed forthwith to hold an inquest upon the body.
4. It shall not be necessary in any case that a
coroner's jury exceed six persons, but in every instance six must agree
in order to render a valid verdict.
5. Coroners shall have the same powers to summon
witnesses and to punish them for disobeying a summons to appear or
refusing to be sworn or give evidence, as are enjoyed by Justices of the
Fees of coroner's jurors and witnesses.
83. The fees of coroners, jurors and witnesses
attending criminal trials and inquests may be fixed from time to time by
the Governor in Council, and paid in such manner as the Governor in
Council may direct.
Limitation of time for proceedings when no other is
fixed by law.
84. In all cases in the North-West Territories,
where proceedings before Justices of the Peace are authorized to be
summary, and where no time is specially limited for making any complaint
or laying any information in the Act or law relating to the particular
case, the complaint shall be made and the information shall be laid
within twelve months from the time when the matter of the complaint or