600. A public officer or employee, who is appointed under Their permanent commission, but who is removable from office, can dismissal. be dismissed by order in council only.

The head of any department may suspend any public officer Their or employee belonging to his department or attached thereto; suspension. he may also cause the suspension to cease and reinstate him. 31 V., c. 8, s. 17; 40 V., c. 9, s. 16.

SECTION II.

RENEWAL OF COMMISSIONS UPON THE DEMISE OF THE SOVEREIGN.

upon the

601. Upon the demise of the Sovereign, it is not necessary Commission to renew any commission or appointment by virtue whereof of officers any public officer or employee of the Province held his office demise of the or exercised his profession during the preceding reign; but a Sovereign proclamation is issued by the Lieutenant-Governor authorizing Proclamaevery such officer or employee to continue in the exercise of tion conhis functions or profession.

tinues their

offices, &c.

Every such officer or employee shall, as soon thereafter as Oath of allemay be, take the oath of allegiance before the officers there- giance. unto appointed. C. S. C., c. 12, s. 1.

and of taking

602. Such proclamation being issued and oath taken, every Effect of propublic officer or employee continues in the exercise of the clamation duties of his office or profession, as fully as if again appointed oath of alleby commission or order in council under the new Sovereign; giance. all acts and things done and performed, in good faith, by every such officer or employee in the exercise of his duties, between the time of such demise and the issue of the proclamation, are good and valid, provided always that the oath of allegiance be duly taken. C. S. C., c. 12, s. 1.

SECTION III.

OATHS OF ALLEGIANCE AND OF OFFICE.

giance and of

603. Every person appointed to any office or employment, Oaths of alle every mayor, every member or officer of any public corpora- office required tion, and every person admitted to practise as an advocate, of certain notary or land surveyor shall, in addition to the oath of office officers, &c. for the faithful performance of the duties of his office and for the due exercise of his profession, take and subscribe the following oath of allegiance, that is to say:

"I, A. B., do swear that I will be faithful and bear true al- Form of oath "legiance to Her Majesty Queen Victoria, (or the reigning of allegiance. Sovereign for the time being), her heirs and successors, ac

"cording to law,-So help me God." C. S. C., c. 12, s. 3; C. S. L. C., c. 37, schedule A; B. N. A. Act, 1867, schedule 5; The Imperial Promissory Oaths Act of 1868, s. 2; 43-44 V., c. 17, schedule A.

Above form

allegiance.

604. The form hereinbefore set forth is that of the oath of to be oath of allegiance to be administered to every person who, either of his own accord or in compliance with a lawful requirement, or in obedience to the directions of any statute, desires or is required to take such oath of allegiance. C. S. C., c. 12, s. 4.

Who may administer oath.

605. Judges, magistrates, and all other persons authorized by virtue of their office or by special commission from the Crown for that purpose, may administer the oath of allegiance. C. S. C., c. 12, s. 4.

SECTION IV.

SECURITY TO BE GIVEN BY PUBLIC OFFICERS.

Security to be
given by

officers of de-
partments,
&c.

Security to be given by judicial

officers, &c.

be required of

606. Every person appointed to an office or employment in a public department of the Government or an office or place of trust, in which he receives or pays out public moneys, shall give security. 32 V., c. 9, ss. 1 and 2.

607. Prothonotaries of the Superior Court, clerks of the Circuit Court, sheriffs, coroners, bailiffs of the Superior Court and registrars are likewise obliged to give security.

C. S. L. C., c. 37, s. 102,—c. 82, s. 9,—c. 83, s. 162,-c. 92, s. 1; 36 V., C. 15, s. 1.

Security may 608. The Lieutenant-Governor in Council may also require other officers. any other public officer or employee or any class of public officers or employees to give security. 32 V., c. 9, s. 2.

Amount of security.

Insufficiency of security.

609. The Lieutenant-Governor by order in council determines the amount of the security and the time within which it is to be given, if not already determined by law.

He may also declare any security already given to be insufficient and require other security to be given in its place. V., c. 9, s. 2.

32

Security to be 610. The security given by any public officer or employee guarantee of is a guarantee of the faithful performance of his duties, of faithful performance of his accounting for and paying over all public or other moneys, duty, &c. entrusted to him or under his control, to the persons authorized or entitled to receive the same, of his faithful performance under all circumstances of the obligations imposed upon him; and of the payment of the damages occasioned to the Province or to any person through his negligence, misconduct or malversation. C. S. L. C., c. 37, s. 102,-c. 82, s. 9, c. 83, s. 162, c. 92, s. 2; 32 V., c. 9, s. 1.

Various kinds of security.

611. Such security must be a security by the pledge of money or debentures, or a security by guarantee policy, or, at the option of the Lieutenant-Governor in Council, hypothe

cary security. 32 V., c. 9, s. 3; 42-43 V., c. 6, s. 1; 47 V., c. 5,

s. 1.

612. Security by pledge consists in the deposit in money to Security by the amount of the security, by the public officer or employee, pledge. or by any surety for him, in the hands of the Provincial Treasurer or to his credit in any bank approved by him; or in the deposit by the public officer or employee, or by any surety for him, in the hands of the Provincial Treasurer, of debentures approved by the latter to the amount required, at the rate fixed.

policy.

Security by guarantee policy consists in a guarantee policy Security by in favor of the Provincial Treasurer, issued by the European guarantee Assurance Society, mentioned in the Imperial Act, twentysecond Victoria, chapter twenty-five, or by any company incorporated and empowered for like purposes, approved by the Lieutenant-Governor in Council.

Hypothecary security consists in a duly registered hypo- Hypothecary thecation of real estate of sufficient value, by the public officer security. or employee, or by a surety for him, for the amount required

in favor of the Provincial Treasurer. 32 V., c. 9, s. 3.

docu- Communica

tion of document consti

613. Any person may take communication of the ment constituting the security, in the treasury department on paying the fee which is determined by order in council. C. S. tuting securiL. C., c. 92, s. 3.

ty.

deposited as

614. In the case of security by pledge, all interest arising Interest upon from the moneys or debentures deposited as security belong moneys, &c., and are paid to the person who has given such security, so security to long as there is no violation thereof. 32 V., c. 9, s. 7.

whom payable.

615. The moneys and debentures given in security are not, Moneys, &c., while such security lasts, liable to seizure either before or deposited not after judgment. 32 V., c. 9, s. 9.

seizable.

from future

616. The surety of a public officer or employee may free Surety may the moneys or debentures given in security, or the real estate free himself hypothecated by him, from future liability under his surety- liability by ship, by giving at least three months' previous notice to that giving notice. effect to the Provincial Treasurer. 32 V., c. 9, s. 8.

617. The premiums upon guarantee policies, in the case of Payment of public officers or employees receiving salaries from the Gov- premiums on ernment, are paid by the Provincial Treasurer, who obtains the policies in receipts therefor and deposits them among the records of the ried officers. treasury department.

case of sala

The sum so paid by the Treasurer for each officer or em- Reduction on ployee is deducted from his salary. 42-43 V., c. 6, ss. 2 and 3. salary for

such purpose.

Renewal re- 618. In the case of public officers or employees not receivceipt to be ing salaries from the Government, each shall, during the forwarded by non-salaried month before the expiry of the guarantee, transmit to the officers. treasury department a renewal receipt or a new guarantee policy. 42-43 V., c. 6, s. 4.

Effect of

619. The hypothecary security has the effect of a principal hypothecary obligation for the stated amount thereof, although the amount security. recoverable for the breach thereof be uncertain and undetermined.

Ranking.

Cancelling of hypothec.

Report on the

Such hypothec ranks from the date when the bond was registered. 32 V., c. 9, s. 4.

620. The hypothec so constituted is cancelled by means of the certificate of the Attorney-General, in accordance with article 2151 of the Civil Code. 32 V., c. 9, s. 5; 50 V., c. 7, s. 1.

621. The Provincial Treasurer shall, from time to time, insufficiency of quire into the sufficiency of the securities; and, if any security has ceased to be sufficient, he shall communicate such fact to the Lieutenant-Governor in Council. 32 V., c. 9, s. 11.

securities.

Forfeiture of office in default of security.

Lieutenant-
Governor

622. Every public officer or employee failing to give, continue or renew any security, when he is obliged to do so, ipso facto forfeits his office or employment; but such forfeiture does not make void any act done by him whilst he held such office.

The Lieutenant-Governor in Council may enlarge the delay may enlarge to give security, if it appears that it is insufficient owing to delay to give special circumstances.

security.

Remission of forfeiture in

certain cases.

Name of Treasurer need not be used in suits, &c.

Certificate of

He may also, in any case in which the failure to give security has not arisen from wilful neglect, remit the forfeiture and reinstate the officer or employee who has so forfeited his office. 32 V., c. 9, s. 12.

623. In any document made or suit brought under this subsection, the personal name of the Provincial Treasurer need not be used. 32 V., c. 9, s. 19.

624. In any action brought for the recovery of any sum Treasurer to due in virtue of any security, in consequence of any breach thereof, the certificate of the Provincial Treasurer is proof of such breach and such amount being due. 32 V., c. 9, s. 10.

be evidence

of breach.

To whose

benefit security inures.

Suits for re

625. The security inures in the first place and preferentially to the Provincial Treasurer to cover any loss to the Province arising from any breach thereof, and, in the second place, to any person who has suffered loss by reason of any such breach.

Any person, having first obtained the authorization of the covery of loss Attorney-General, may, for his own benefit, but at his own

furnished.

risk as regards costs, bring suit in the name of the Provincial not of security Treasurer for the recovery of his loss out of such security. 32 V., c. 9, s, 14; 50 V., c. 7, s. 1.

ing to sue,

626. The authorization mentioned in the previous article Security by shall not be granted, unless the person applying for the same person wishgives security, to the satisfaction of the Attorney-General, for before authorthe payment of all costs that may be incurred by reason of ization given. his failure in any such suit or in any proceeding therein. 32 V., c. 9, s. 15; 50 V., c. 7, s. 1.

tuting secu

627. Any person having such authorization may, upon pay- Copy of document of the sum which is determined by order in council, ob- ment constitain from the assistant provincial treasurer a copy of the rity to be obdocument constituting the security upon which he intends to tained. bring suit.

This copy, which shall be certified by the assistant provin- Such copy cial treasurer, is authentic evidence of the security. 32 V., certified is

c. 9, s. 16.

"authentic.

628. Excepting in the case of registrars, the moneys or de- When moneys bentures may be returned, or the certificate of cancellation or debentures may be regiven, during the course of the year from the death, resigna- turned, &c. tion or dismissal of the public officer or employee, and, in the case of the withdrawal of the security, during the course of the year following the three months after the notice of withdrawal, if the Provincial Treasurer is of opinion that there has been no breach of the security. 32 V., c. 9, s. 6.

629. If, within three years after the decease, resignation or Extinction of dismissal of any registrar, or if, within the three years which security given by registrars follow the three months after the notice of withdrawal of his after certain time. security, it does not appear that such registrar has been guilty of negligence, misconduct or malversation, the security given is extinguished.

by others.

If, within the year after the death, resignation or removal Extinction of of any public officer or employee other than a registrar, or if, security given within the year which follows the three months after the notice of the withdrawal of the security of such officer or employee, it does not appear that he has been guilty of negligence, misconduct or malversation, the security given is also extinguished.

In both cases the moneys or debentures pledged as security Return of are afterwards returned or the hypothec cancelled, as the

case

moneys, &c.

may be. Such public officers and employees, however, and their legal Proviso as to representatives remain personally liable, in accordance with future liability of the provisions of the Civil Code, for the damages arising from officers and their negligence, misconduct or malversation. C. S. L. C., their heirs. c. 37, s. 104,- c. 92, s. 7; 32 V., c. 9, s. 6.