By whom oath istered. 7. Any oath or affirmation under this Act may be adminmay be admin- istered by the Speaker of the Senate or of the House of Commons, or by the chairman of any committee of the Senate or House of Commons, or by such person or persons as may from time to time be appointed for that purpose, either by the Speaker of the Senate or by the Speaker of the House of Commons, or by any standing order or other order of the said Senate or House of Commons respectively. OTTAWA Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty. CHAP. 17. An Act further to amend the Acts respecting the Northwest Territories. [Assented to 23rd July, 1894.] ER Majesty, by and with the advice and consent of the enacts as follows: s. 1. Sub-paragraph (b.) of paragraph seven of subsection one R.S.C., c. 50, of the section substituted by section six of chapter twenty-two 8. 13 amended. of the Statutes of 1891 for section thirteen of The North-west Territories Act, is hereby repealed and the following substi tuted therefor : "(b.) Railway companies (not including tramway and street Powers of railway companies), and steamboat, canal, transportation, tele- Assembly. graph and irrigation companies." 2. Section fifteen of The North-west Territories Act is here- Section 15 repealed. by repealed. 3. Section forty-nine of the said Act is hereby amended by Section 49 striking out the word "any" in the last line thereof. amended. 4. Section fifty of the said Act is hereby amended by adding Section 50 the following words thereto : "Provided that the judge by or amended. before whom the judgment, order or decision then in question was rendered or made, shall not sit as one of the judges composing the court unless his presence is necessary to constitute a quorum." 5. Section fifty-nine of the said Act is hereby repealed and Section 59 the following substituted therefor:— repealed. and clerks. 59. Each sheriff shall be paid a yearly salary of five hun- Salaries and dred dollars, and the Lieutenant-Governor, by and with the fees of sheriff's advice and consent of the Legislative Assembly, may legislate with respect to the remuneration, by fees or otherwise, in civil matters, of sheriffs and clerks, including the registrar of the Supreme Court." Sections 60 6. Sections sixty and sixty-one of the said Act are hereby and 61 repeal repealed. ed. Section 64 repealed. Justices of the peace. Property qualification. Oaths of qualification and office. Police magis trates. Who may be appointed. Section 71 amended. Governor in Council may repeal this 7. Section sixty-four of the said Act is hereby repealed, and the following substituted therefor : 64. The Lieutenant-Governor may appoint justices of the peace for the Territories, who shall have jurisdiction as such throughout the same; but no person shall be appointed a justice of the peace for the Territories, or shall act as such, who is not the owner in fee simple for his own use and benefit of lands lying and being in the Territories of and above the value of three hundred dollars over and above what will satisfy and discharge all incumbrances affecting the same and over and above all rents and charges payable out of or affecting the same and who has not resided in the Territories for a period of at least three years. "2. Every justice of the peace for the Territories, before he takes upon himself to act as such justice, shall take and subscribe before the Lieutenant-Governor, a judge of the Supreme Court, or any justice of the peace for the Territories, the oath of qualification and the oath of office contained in the schedule to this Act. "3. The Governor in Council may appoint police magistrates in the Territories, and such police magistrates shall have all powers and authorities now vested in two justices of the peace under any law in Canada, and shall exercise jurisdiction in and for such territory as is defined by the Order in Council appointing them respectively, or by any Order in Council amending the same. "4. No person shall be appointed a police magistrate unless he has been admitted and has practised as an advocate, barrister or solicitor in one of the provinces of Canada, for a period of not less than three years, or unless he is a magistrate of not less than three years' standing in Canada.” 8. Section seventy-one of the said Act is hereby amended by adding thereto the following subsection: "2. The Governor in Council may at any time by proclamation declare that this section shall be repealed from and after section by pro- the date named in such proclamation." clamation. Section 72 amended. Peremptory accused in 9. Subsection one of section seventy-two of the said Act is hereby repealed and the following substituted therefor "72. Any one arraigned for treason or an offence punishable challenges by with death or an offence for which he may be sentenced to criminal cases. imprisonment for more than five years, may challenge peremptorily, and without cause, any number of jurors not exceeding six; and every peremptory challenge beyond that number shall be void." Section 91 repealed. 10. Section ninety-one of the said Act is hereby repealed and the following substituted therefor : 98 "91. Council may "91. The Governor in Council may from time to time by Governor in proclamation declare that the three sections next preceding, or repeal sections any of them, or any portion or portions of the said sections or 88 to 90 by of any of them, shall be repealed from and after the date named proclamation. in such proclamation.” 2 ss. 4 repeal 11. Subsection four of section two of chapter nineteen of the 1888, c. 19, s. Statutes of 1888, intituled An Act to amend the Revised Statutes ed. of Canada, chapter fifty, respecting the North-west Territories, is hereby repealed. 12. Section five of the said Act of 1888 is hereby repealed. Section 5 repealed. 13. Section ten of the said Act of 1888 is hereby repealed and Section 10 the following substituted therefor :repealed. "10. Until the Legislative Assembly otherwise provides, a Quorum in Assembly. majority of the members shall form a quorum for the transaction of business." 14. Sections thirteen and fifteen of the said Act of 1888 are Sections 13 and 15 repealhereby repealed. ed. 15. Section two of chapter twenty-two of the Statutes of 1891, c. 22, s. 1891, intituled An Act to amend the Acts respecting the North- 2 repealed. west Territories, is hereby repealed and the following substi tuted therefor : "2. There shall be a Legislative Assembly for the Terri- Legislative tories, which shall be composed of twenty-six members elected Assembly. to represent the electoral districts set forth in the schedule to this Act until the said Legislative Assembly otherwise provides." 16. The section substituted for section three of the said Act Section 3 amended. of 1888 by section three of the said Act of 1891 is hereby amended by striking out the word "three" in the first line and substituting therefor the word "four." 2. This section shall not affect the duration of the present Duration of Legislative Assembly. Legislative Assembly not affected. Executive tories. 17. The Legislative Assembly may from time to time ap- Member of point a committee of four persons from among the elected Committee of members thereof to advise the Lieutenant-Governor in relation the Territo the expenditure of territorial funds and of such portion of any moneys appropriated by Parliament for the Territories as the Lieutenant-Governor is authorized to expend by and with the advice of the Legislative Assembly or of any committee thereof. tenure of 2. The said committee shall be styled "The Executive Com- Style and mittee of the Territories," and the members thereof shall office. severally hold office until their successors are appointed. 3. The Legislative Assembly may by Ordinance make such Filling of provision as may be deemed necessary for the filling of any occurring dur VOL. 1-71 99 vacancies vacancy ing recess Executive Procedure. Jurisdiction in matters of alimony. Lands in Certain acts of vacancy or vacancies that may at any time occur in the Executive Committee during the recess, and between the sessions of the Assembly, whether such vacancy or vacancies are occasioned by death, resignation, or otherwise; provided that any action taken under the provisions of such Ordinance shall be subject to confirmation by the Assembly at its first session held next after such action has been taken." 18. No member of the Executive Committee of the Territories shall, by reason of any salary, fee, allowance, emolument or profit of any kind or amount attaching to such membership, be disqualified from sitting or voting in the Legislative Assembly. 19. Unless otherwise therein specially provided, proceedings for the imposition of punishment by fine, penalty or imprisonment for enforcing any territorial Ordinance may be brought summarily before a justice of the peace under the provisions of part LVIII. of The Criminal Code, 1892. 20. For the removal of doubts, it is hereby declared that, subject to the provisions of The North-west Territories Act, the Legislative Assembly has and shall have power to confer on territorial courts jurisdiction in matters of alimony. 21. The Lieutenant-Governor may, with the consent of the Governor in Council, close up any road which has been transferred to the Territories, or vary its direction; and may, subject to any Ordinances made in respect thereof, open and establish any new highway in the stead of such road; and the land in any road allowance, public travelled road, or trail so closed may be dealt with as the Governor in Council sees fit. 2. Notwithstanding section six of chapter fifteen of the Statutes of 1892, any action heretofore taken by the LieutenantGovernor in the manner provided in subsection one of this section with respect to roads or trails, with the consent of the Governor in Council but without the concurrence of the Assembly of the North-west Territories, is hereby declared to have been and to be valid. SCHEDULE. OATH OF QUALIFICATION OF A JUSTICE OF THE PEACE FOR THE I, A. B., of |