HI' llDz ■^^^ I r IP 1} w: i 1 Oforn^U Slam ^t\\m{ ffiibratg Cornell University Library KEY 411902 The consolidated ordinances of the Yukon 3 1924 017 884 374 The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924017884374 I CAi^..o^.€A^. ^^YH J i r^^t^,.-^^ ^1^-^.,.-^.- .^j^ ;- / 9o. CONSOLIDATED ORDINANCES OP THE YUKON TEEEITOET 190S Beinff a Consolidation of The Consolidated Ordinances of the North- West Territories, 1898, with the subsequent Public General Ordinances OF THE COUNCIL OF THE YUKON TERRITORY Printed by direction of the Commissioner of the Ydkon Territory 1903 THE CONSOLIDATED ORDINANCES OF THE YUKON TERRITOR^^ ^-^ 19 3 n -3>-05 z:} TABLE OF CONTENTS Page. Proclamation bringing the Consolidated Ordinances, 1902, into force. ix Ordinance respecting the Consolidated Ordinances, 1902., xi The Yukon Act as amended...'.'. .\ xv The North-West Territories Act as amended xxv TITLE I. Interpretation. Chapter. 1. An Ordinance respecting the form and interpretation of Ordinances TITLE II. Legislature and General G-overnment. 2. An Ordinance respecting the Council of the Territory 11 3. An Ordinance respecting elections 15 4. An Ordinance respecting controverted elections 60 5. An Ordinance respecting the public service of the Territory. 69 6. An Ordinance respecting the registation of births, marriages and deaths *j*j 1. An Ordinance respecting the inspection of steam boilers and the examination of engineers operatingthe same 87 8. An Ordinance respecting ferries 95 9. An Ordinance respecting public health 99 10. An Ordinance to regulate public aid to hospitals m 11. An Ordinance respecting Commissioners to make enquiries concerning public matters II3 Aj— y. o. iv consolidated ordinances Chapter -^^^^ 12. An Ordinance respecting the removal of trespassers from public property ^^^ 13. An Ordinance for the protection of miners 115 14. An Ordinance for the better regulation of traffic on highways 130 15. An Ordinance for the protection of bridges 133 16. An Ordinance establishing a Yukon Official G-azette 134 TITLE III. Eelating to the Administration of Justice. IV. An Ordinance respecting the administration of civil justice.. 135 18. An Ordinance respecting the Clerk and Deputy Clerk 282 19. An Ordinance respecting the Sheriff and Deputy Sheriffs 288 20. An Ordinance respecting the procedure and practice in con- nection -with, the exercise of civil jurisdiction of Police Magistrates.... 295 21. An Ordinance respecting the office of Public Administrator. 297 22. An Ordinance respecting Commissioners to administer oaths. 300 23. An Ordinance respecting Notaries Public 301 24. An Ordinance to abolish priority among execution creditors. 302 25. An Ordinance exempting certain property from seizure and sale under execution 309 26. An Ordinance respecting the summoning of juries 311 2i. An Ordinance respecting alimony 816 28. An Ordinance to amend the law relating to slander 31Y 29. An Ordinance respecting limitation of actions in certain cases 818 30. An Ordinance respecting Constables 319 31. An Ordinance respecting distress for rent and extra-judicial seizure 320 32. An Ordinance respecting arbitration 322 33. An Ordinance respecting the investigation of accidents by fire 32*7 TITLE IV. Eelating to Eeal Property. 34. An Ordinance respecting land held by two or more persons. 329 table of contents v Chapter Page TITLE V. Relating to Meeoantilk Law. 35. An Ordinance respecting the sale of goods 330 36. An Ordinance respecting Factors and Agents 349 37. An Ordinance respecting choses in action 354 38. An Ordinance respecting preferential assignments 356 39. An Ordinance respecting mortgages and sales of personal property 35'7 40. An Ordinance respecting hire receipts and conditional sales of goods 368 41. An Ordinance respecting partnerships STl TITLE YI. Relating to Special Relations. 42. An Ordinance respecting marriages 316 43. An Ordinance respecting the personal property of married women 381 44. An Ordinance respecting compensation to the families of persons killed by accidents 382 45. An Ordinance respecting insurance for the benefit of wife and children 383 .46. An Ordinance respecting masters and servants 390 TITLE YII. Relating to Pkofessions, Trades, &c. '41. An Ordinance respecting the Legdl Profession 392 48. An Ordinance respecijng the profession of Medicine and Surgery 404 49. An Ordinance respecting the practice of Dentistry * 415 50. An Ordinance respecting Chemists and Druggists — ; 420 61. An Ordinance respecting hotel and boarding house keepers. 429 52. An Ordinance respecting the keepers of livery, boarding and sale stables 431 53. An Ordinance respecting liens in favour of mechanics and others , 433 54. An Ordinance respecting liens in favour of miners and others, 444 55. An Ordinance respecting slaughter houses and the killing and dressing of animals for food ,, 449 56. An Ordinance respecting newspapers 453 yi CONSOLIDATED ORDINANCES Chapter ^'^"^^ TITLE VIII. Eelating to Companies and Kindred Institutkwp. 5*7. An Ordinance respecting the incorporation of Joint Stock Companies '*^. 58. An Ordinance to authorize the changing of the names of in- corporated Companies 481 59. An Ordinance respecting foreign Companies 482 60. An Ordinance respecting mining Companies 486 61. An Ordinance respecting benevolent and other Societies 488 62. An Ordinance respecting mechanics' and literary Institutes. 493 63. An Ordinance respecting Cemeteries 49*7 TITLE IX. Kelating to Towns, Assessment, Schools, &c. 64. An Ordinance respecting Assessment 504 65. An Ordinance respecting Towns 526 66. An Ordinance respecting Schools .• 540 67. An Ordinance for the prevention of fires 5*72 68. An Ordinance respecting the limits of Dawson and Klondike City 574 69. An Ordinance reispecting fast driving 576 70. An Ordinance respecting dogs 677 TITLE X. Relating to Estray Animals, Protection of Gtame, &c. 71. An Ordinance respecting trespassing and straying of animals. 581 72. An Ordinance respecting the preservation of game in the Yukon Territory 586 73. An Ordinance to prevent the pollution of running streams... 591 74. An Ordinance for the prevention of prairie and forest fires... 592 TITLE XL Eklating to Intoxicants. 75. An Ordinance respecting the importation of and trafiic in intoxicating liquors 59,5 76. An Ordinance respecting intoxicating liquors 597 TABLE OF CONTENTS Vll Chapter Page TITLE XIL 7*7. An Ordinance respecting insane persons 637 78. An Ordinance to prevent the profanation of the Lord's Day. 639 79. An Ordinance respecting the licensing of Billiard and other Tables 640 Schedule L — Ordinances and parts of Ordinances repealed prior to date of Consolidated Ordinances 641 Schedule II. — Ordinances and parts of Ordinances repealed from the date of the coming into force of the Consolidated Ordinances 643 Schedule III. — Ordinances and parts of Ordinances not repealed by the Consolidated Ordinances 648 PROCLAMATION BRINGING THE CONSOLIDATED OEDINANCES, 1902, INTO FORCE. [L.S.] F. T. OONGDON, Commissioner. CANADA, \ Yukon Territory. \ PROCLAMATION. To all to whom these presents shall come : — GrREETING. WHEREAS in and by a certain Ordinance of the Council of the Yukon Territory, assented to by the Commissioner of the said Territory on the eleA'enth day of September, one thousand nine hundred and two, and intituled " An Ordinance to authorize the consolidation of the Ordinances," it was, amongst other things, enacted that so soon as the consolidation of the Ordinances should be completed the Commissioner might cause a cor- rect Roll thereof, attested under his signature and countersigned by the Clerk of the Council, to be deposited in the office of the Territorial Secretary, and that the Commissioner after such deposit, might by proclamation declare the day on, from and after which the same should come into force and have eflFect as law by the designation of " The Consolidated Ordinances of the Yukon Territory, 1902." And Whereas the Commissioners appointed under said Ordinance have completed the said consolidation and I have caused a correct Roll thereof to be deposited in the office of the Territorial Secretary ; Now Know Ye that I do by this my proclamation declare that the said Roll so attested and deposited shall come into force and have effect as law by the designation of " The Consolidated Ordinances of the Yukon Territory, 11^02," on, from and after the tenth day of the month of July, in the year one thousand nine hundred and three. Given under the hand of the Commissioner of the Yukon Territory, and issued under the seal of the said Territory this seventeenth day of June, one thousand nine Hundred and three, and in the third year of His Majesty's Reign. By command, J. N. E. BROWN, Territorial Secretary. ORDINANCE No. 21 OF 1902 xi ORDINANCE No. 21 OF 1902. An Ordinance to authorize the Consolidation of the Ordinances. [Assented to September lltit, 1902.] WHEEEAS it is expedient that measures should be adopted for consolidating the Ordinances of the Yukon Territory : Therefore, the Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows : !• It shall be lawful for the Commissioner to issue a Commis- commission to one or more person or persons, constituting '°"*''.^ *° j^^ him or them Commissioner or Commissioners for consoli- consoUdate" dating the Ordinances of the North-West Territories in Ordinances, force in the Yukon Territory and the Ordinances of the Yukon Territory, and from time to time in case of the death, or refusal or incapacity to act of any or either of the said Commissioners, to appoint some other person or per- sons to be a Commissioner or Commissioners as aforesaid to accomplish the purpose of this Ordinance. 2. The said Commissioner or Commissioners shall be Powers ot and he or they is or are hereby fully authorized and em- commiseioners powered to prepare and arrange for publication of the said Ordinances, to omit all such Ordinances and parts of Ordi- nances which have expired, been repealed or had their effect, and all Ordinances repealing any or any parts or any Ordinances as well as the Ordinances and parts of Ordi- nances repealed, and the schedules of all such repealed or repealing i )rdinances, and to alter the numbers of the said Ordinances and the sections thereof, and without in any manner changing or affecting the legal effect of the said Ordinances, correct any misprint or error, or any contra- diction or ambiguity in the said Ordinances, and make such alterations in the language of the said Ordinances, as are requisite in order to preserve a uniform mode of expression, and may make such minor amendments as are necessary to correct clerical or typographical errors, and to frame a com- prehensive index to the entire work. Xll CONSOLIDATED ORDINANCES Remuneration of commis- sioners. Original roll of Ordinances. Proclamation. Effect of proclamation. Saving as to transaction, &c., anterior to the repeal. Matters not affected by repeal. 3. It shall be lawful for the Commissioner to direct the payment of such sum or sums as he may think fit, not exceeding the moneys to be appropriated from time to time by the Commissioner in Council for such purpose, as a remuneration for such Commissioner or Commissioners, and also for such further charges and expenses as may be incurred, laid out and expended in the printing and bind- ing of the said Consolidated Ordinances or incident thereto. 4. So soon as the said consolidation of siich Ordinances has been completed the Commissioner may cause a correct roll thereof (which may be partly printed and partly writ- ten), attested under his signature and countersigned by the Clerk of the Council, to be deposited in the office of the Ter- ritorial Secretary, which roll shall be held to be the original thereof and to embody the several Ordinances and parts of Ordinances mentioned as repealed in schedule 2 thereto annexed ; any marginal notes, however, and headings in the body of the Ordinances and references to former enact- ments being held to form no part of the said Ordinances but to be inserted for convenience of reference only. 5« The Commissioner after such deposit of the said last mentioned roll may by proclamation declare the day of, from and after which the same shall come into force and have effect as law by the designation of "The Consolidated Ordinances of the Yukon Territory, 1902." 6. On and from such day the same shall accordingly come into force and effect by the said designation to all intents as though the same were expressly embodied in and enacted in this Ordinance to come into force and to have effect on and from such day ; and on and from the same day all the enactments in the several Ordinances and parts of Ordinances in schedule 2 mentioned as far as they relate to the Territory shall stand and be repealed to the extent mentioned in the said schedule save only as hereinafter is provided. 7. The repeal of the said Ordinances and parts of Ordi- nances shall not revive any Ordinance or provision of law repealed by them ; nor shall the said repeal prevent the effect of any saving clause in the said Ordinances and parts of Ordinances, or the application of any of the said Ordi- nances or parts of Ordinances or of any Ordinance or pro- vision of law formerly in force to any transaction, matter or thing anterior to the said repeal to which they would otherwise apply. 8. The repeal of the said Ordinances and parts of Ordi- nances shall not affect : ORDINANCE No. 21 OF 1902 xui (a.) Any penalty, forfeiture or liability incurred before the time of such repeal or any proceedings for enforcing the same had, done, completed or pending at the time of such repeal ; {b.) Any action, suit, judgment, decree, certificate, execu- tion, process, order, rule or any proceeding, matter or thing ■whatever respecting the same, had, done, made, entered, granted, completed, pending, existing or in force at the time of such repeal ; ((,•.) Any act, deed, right, title, interest, grant, assurance, descent, will, registry, by-law, rule, regulation, proclama- tion, contract, lieu, charge, status, capacity, immunity, matter or thing had, done, made, acquired, established or existing at the time of such repeal ; {d.) Any office, appointment, commission, salary, allow- ance, security or duty or any matter or thing' appertaining thereto at the time of such repeal ; (e.) Any marriage certificate or registry thereof lawfully had, made, granted or existing before or at the time of such repeal ; 2. Nor shall such repeal defeat, disturb, invalidate or prejudically affect any other matter or thing whatsoever had, done, completed, existing or pending at the time of such repeal ; but every such — (a.) Penalty, forfeiture and liability ; (b.) Action, suit, judgment, decree, certificate, execution, prosecution, process, order, rule, proceeding, matter or thing ; (c.) Act, deed, right, title, interest, grant, assurance, descent, will, registry, by-law, rule, regulation, proclama- tion, contract, lien, charge, status, capacity, immunity, matter or thing ; {d.) Office, appointment, commission, salary, allowance, security or duty ; (e.) Slarriage certificate and registry thereof and every such other matter and thing, and the force and effect thereof respectively may and shall continue as if no such repeal had taken place, and so far as necessary may be con- tinued, prosecuted, enforced and proceeded with under the said Consolidated Ordinances of the Territory and other Ordinances and laws having force in the Territory, so far as applicable thereto and subject to the provisions of the said several Ordinances and laws. 9. The said Consolidated Ordinances of the Territory consolidated shall not be held to operate as new laws but shall be con- ^^^'j^*^^^^ strued and have effect as a consolidation of the law as deemed contained in the said Ordinances and parts of Ordinances "^w law. of the Territory and substituted , and the Commissioner in Council is not to be deemed to have adopted the construc- tion which may by judicial decision or otherwise have been placed upon the language of any of the Ordinances included XIV CONSOLIDATED ORDINANCES Ordinances. .amongst the said Consolidated Ordinances of the Terri- tory ; Conetruotion (2.) The various portions of the Consolidated Ordinances I^nTindfeot Corresponding to and substituted for the provisions of the asthVrepealed Ordinances and parts of Ordinances so repealed shall, where they are the same in effect as those Ordinances and parts of Ordinances so repealed, be held to operate retro- spectively as well as prospectively and to have been passed upon the days respectively upon which the Ordinances and parts of Ordinances so repealed came into effect. lO. Any reference in any former Ordinance remaining in force or in any iilstrument or document to any Ordinance or enactment so repealed shall after the Consolidated Ordi- nances take effect be held as regards any subsequent tran- saction, matter or thing to be a reference to the enactments in the Consolidated Ordinances having the same effect as such repealed Ordinances or enactment. Reference to repealed Ordinance in former Ordinance. Effect of H. The insertion of any such Ordinance in the said an^Ordinance Schedule 2 shall not be construed as a declaration that such insoheduieii. Ordinance or any part of it was or was not in force imme- diately before the coming into force of the said Consolidated Ordinances. Copies 12. Copies of the Consolidated Ordinances printed under direot^nof ^^^ direction of the Commissioner from the roll so deposited commissioner shall be received as eA''idence of the said Consolidated Ofdi- to be evidence nances in all courts and places whatsoever. Distribution of copies. This Ordinance to be printed with Consolidated Ordinances. Citation of Consolidated Ordinances. 13. The Consolidated Ordinances shall be distributed in such numbers and to such persons only as the Commis- sioner may direct. 14. This Ordinance shall be printed with the said Con- solidated Ordinances and shall be subject to the same rules of construction as the said Consolidated Ordinances. 15. Any chapter of the said Consolidated Ordinances may be cited and referred to in any Ordinance or proceeding whatsoever either by its title as an Ordinance or by its short title or by using the expression " The Consolidated Ordinance respecting " (adding the remainder of the title at the beginning of the particular chapter) or by using the expression "The Consolidated Ordinances 1902 chapter " (adding the number of the particular chapter printed in the copies printed under the direction of the Com- missioner). THE YUKON TERRITORY ACT XV THE YUKON TERRITORY ACT. 61 VICTOEIA, CHAP. 6. As amended up to the date of the coming into force of the Consolidated Ordinances, 1902. New sections from amending Acts have the numbers bracketed thus (Q.\ An Act to provide for the Government of the Yukon Territory. As amended by (i2-63 Victoria, Chapter 11. [Assented to 11th August, 1899.] {Consolidated for Office Purposes.) XTER Majesty, by and with the advice and consent of the -*-^ Senate and House of Commons of Canada, enacts as follows : — !• This Act may be cited as The Yukon Territory Act. short title. 2. The territory described in the schedule to this Act, is The Yukon hereby constituted and declared to be a separate territory T^I"'?''^ , under the name of the Yukon Territory, and the same shall conslituted. no longer form part of the North-west Territories. (S. 13, c. 41, 1 Edw. VII.) 3. The G-overnor in Council may, by instrument under Commissioner the G-reat Seal, appoint for the Yukon Territory a chief executive oflScer, to be styled and known as the Commis- sioner of the Yukon Territory. 4. The Commissioner shall administer the government Administra- of the Territory under instructions from time to time given q°" °^ him by the G-overnor in Council or the Minister of the ""^^ ' Interior. 5» The Governor in Council, by warrant under his Privy Composition Seal, may constitute and appoint such and so many persons, of Council. from time to time, not exceeding six persons, as may be Appointed deemed desirable, to be a Council to aid the Commissioner members. in the administration of the Territory, and such persons so appointed to the Council shall, before entering upon the duties of their office, take and subscribe before the Commis- Oaths of office. sioner such oaths of allegiance and office as the Governor in Council may prescribe. XVI consolidatp:d ordinances 2. A majority of the Oouncil, including the Commis- sioner, shall form a quorum. 3. The natural-born and naturalized male British subjects in the Territory, who have attained the full age of twenty- one years and continuously resided there for a period of not less than twelve months, shall elect five representatives to the Territorial Council, and such representatives shall have the same power and be charged with the same duties as those members of the Council who are appointed by the Qualification. Governor in Council ; and any person qualified to vote shall be eligible for election. 4. The Commissioner in Council shall, by Ordinance, make all necessary provisions for the election of such representa- tives. 5. Such representative members of the Council shall hold office for two years from the date when they are returned as elected. (S. 1, c. 11, 62-63 V., part.) Quorum. Elected members, Powers and duties. Provisions for election. Term of office. Powers to make ordinances. Disallowance by Governor in Council. Ordinances by Governor in Council. Restrictions. Penalties. Punishments. Public lands ; customs or excise duties. 6. The Commissioner in Council shall, subject to the provisions of any Ordinance of the Grovernor in Council, have the same powers to make Ordinances for the govern- ment of the Territory as are at the date of this Act possessed by the Lieutenant Grovernor of the North-west Territories, acting by and with the advice and consent of the Legisla- tive Assembly thereof, to make Ordinances for the govern- ment of the North-west Territories : Provided that the Com- missioner in Council may, subject as aforesaid, notwith- standing anything to the contrary in any Act of Parliament, make Ordinances for the control and regulation of the sale of and traffic in intoxicating liquor in the Territory. (S. 2, c. 34, 2 Edw VII ) 7. A copy of every such Ordinance made by the Commis- sioner in Council shall be despatched by mail to the Gov- ernor in C ouncil within ten days after the passing thereof, and shall be laid before both Houses of Parliament as soon as conveniently may be thereafter, and any such Ordinance may be disallowed by the Governor in Council at any time within two years after its passage. 8. Subject to the provisions of this Act, the Governor in Council may make Ordinances for the peace, order and good government of the Territory, and of His Majesty's sub- jects and others therein ; but no such Ordinance shall — " (a.) for the enforcemant of any Ordinance, impose any penalty exceeding five hundred dollars ; " (b.) alter or repeal the punishment provided in any Act of the Parliament of Canada in force in the Territory for any oflfence ; " (c.) appropriate any public land or other property of Canada without authority of Parliament, or impose any duty of customs or any excise ; THE YUKON TERRITORY ACT XVll Nor shall any tax be imposed by Ordinance except as in imposing this Act provided : Provided always that the G-overnor in **''''''■ Council may make Ordinances — " {d.) imposing a tax or royalty (not exceeding fiye per cent thereof) upon gold and silver the output of mines in the Territory, to be levied from and after the date of the Ordinance imposing it ; " (e ) prescribing and regulating the place and manner of collection of such tax or royalty, and the methods of secur- ing and enforcing the payment thereof; " (/•) providing for the confiscation and forfeiture of gold and silver upon which such tax or royalty has' not been duly paid, as well as for the confiscation and forfeiture of any vessel, vehicle, cart,, or other receptacle containing it, or used or intended to be used for the transportation thereof ; " (S"-) giving to any officer of the Crown, in respect oiP searches, examinations, and other proceedings for the enforcement of the provisions of any such Ordinance, all such powers, rights, privileges, and protection as officers of customs have under the provisions of The Customs Act. 2. Every Ordinance made under the authority of this Approval of section shall remain in force until the day immediately sue- Parliament. ceeding the day of prorogation of the then next session of Parliament, and no longer, unless during such session of Parliament such Ordinance is approved by resolution of both Houses of Parliament. 3. Every Ordinance made by the Governor in Council Publication. under the provisions of this Act shall have force and effect only after it has been published for four successive weeks in The Canada Gazette ; and all such Ordinances shall be laid before both Houses of Parliament within the first fifteen days of the session next after the date thereof (S. 3, c. 34, 2 "Edw. VII.) (8a.) No intoxicating liquor or intoxicants shall be manu- As to manu- factured, compounded, or made in_ the Territory, nor shall [^°^^Jtlti"n any intoxicating liquor or intoxicants be imported or of intoxicants. brought into the Territory from any 'province or territory in Canada or elsewhere except by permission of the Governor in Council. (S. 3, c. 11, 62-63 Y.) (86.) All intoxicating liquors or intoxicants imported or customs and brought from any place out of Canada, as aforsaid, shall be l^^l^^^^^ subject to the customs and excise laws of Canada. (S. 4, c. 11, 62-63 V.) (8c.) The terms " intoxicating liquors " and " intoxi- i„terpreta- cants" shall, in this Act, have the same meaning attached ^i°^-j.^^j^^^.^ to them respectively as is given by paragraphs (e) and (f) ucjuors/"^ '"^ of section 2 of The North-West Territories Act. (S. 5, c. 11, -intooant^s." 62-68 V.) 6.2 parks.' B — Y. O xviii CONSOLIDATED ORDINANCES Existing laws 9. Subject to the provisions of this Act, the laws relating foroe'uiiti/" to civil and criminal matters and the Ordinances as the altered by the same exist in the ]^orth-West Territories at the time of the twe'authfrfty. passing of this Act, shall be and remain in force in the said Yukon Territory in so far as the same are applicable thereto until amended or repealed by the Parliament of Canada or by any Ordinance of the Governor in Council or the Com- missioner in Council made under the provisions of this Act. lO. There is hereby constituted and appointed a superior court of record in and for the said Territory, which shall be called the Territorial Court. The said court shall consist of one or more judges, who shall be appointed by the Grovernor in Council by letters patent under the Great Seal. 2. Any person may be appointed judge of the court who is or has been a judge of a superior or a county court of any province of Canada or of the Worth-West Territories, or a barrister or advocate of at least len years' standing at the bar of any such province or of the North-West Territories. 3. A judge of the court shall not hold any other office of qualifications, emolument under the G-overnment of Canada, or of any province of Canada or of the said Territory, but this pro- vision shall not prevent a judge from being eligible for appointment as a member of the Council of the said Territory. Territorial Court constituted Judges. Their qualifications. Their dis- Law as to judges and jurisdiction of the court. Appeals frcm Territorial Court to Supreme Court of Canada. In cases relating to mining lands. 11- The law governing the residence, tenure of office and oath of office of the judge or judges of the court, and the rights, privileges, power, authority and jurisdiction of the court and the judge or judges thereof, shall be the same, mutatis mutandis, as the law governing the residence, tenure of office and oath of office of the judges, and the rights, privileges, power, authority and jurisdiction of the Supreme Court of the North-West Territories and of the judges of that court, except as the same are expressly varied by this Act. (11a.) An appeal shall lie from any final judgment of the Territorial Court to the Supreme Court of Canada where the matter in controversy amounts to the sum or value of two thousand dollars or upwards, or where the title to real estate or some interest therein is in question, or the validity of a patent is affected, or the matter in question relates to the taking of an annual or other rent, customary or other duty or fee, or a like demand of a public or general nature attectmg future rights, or in cases of proceedings for or upon mandamus, prohibition or injuiiction. 2. An appeal shall also "lie to the Supreme Court of Canada from any final judgment of the Court of Appeal constituted by the Ordinance of the Governor in Council of the eighteenth day of March, 1901. governing the hear- ing and decision of disputes in relation to mining lands in the Yukon Territory. (S. 4, c. 35, 2 Edw VII ) THE YUKON TERRITORY ACT XIX (116.) The Territorial Court en banc shall sit at such times Sittings of and places as the Commissioner appoints, and the sittings comUnfanc. thereof may be adjourned from time to time as may be necessary. (S. 5, c. 35, 2 Edw. VII.) (lie.) At such sittings the court may hear and dispose of Jarisdiction. motions for new trials, appeals, and motions in the nature of appeals, and any other business or matter within the jurisdiction of the Territorial Court. (lid.) Subject to the provisions of any Act or (Irdinance Rules of relating to the Territorial Court, the judges of the said °^^l^^ ""^^ court may make general rules and orders prescribing and regulating the procedure and practice of the court in civil matters. 12. Sittings of the court presided over by a judge or sittings of judges shall be held at such times and places as the Grov- *** """'''■■ ernor in Council or the Commissioner appoints and such sittings shall be public. 13. The Governor in Council may appoint such officers Officers of of the court as may be deemed necessary, and may define *® "°"'^*" and specify the duties and emoluments of the officers so appointed. 14. The judge of the Supreme Court of the North-West Provisional Territories assigned to the Yukon Judicial District at the o{'P°d"e™n"d time tliis Act comes into force, and the officers of that court officers. for the said district, shall be the judge and officers of the Territorial Court until otherwise provided, but the said judge may at his option, at any time within twelve months after this Act comes into force, resume his office as one of the judges of the Supreme Court of the North-West Territories, his transfer to that court being in such case made by Order of the Governor in Council. 15. The procedure in criminal cases in the Territorial Procedure in Court shall, subject to the provisions of any Act of the cimmai cases. Parliament of Canada, conform as nearly as possible to the procedure existing in like cases in the North-West Terri- tories at the time of the passing of this Act. 16. While in the said Yukon Territory the Commis- Justices of sioner of the Territory, each member of the Council thereof, *'^^ p®*"^- every judge of the court, and every commissioned officer of the North- W^st Mounted Police, shall ex officio have, possess and exercise all the powers of a justice of the peace, or of two justices of the peace, under any laws or Ordinances, civil or criminal, in force in the said Territory, and the Governor in Council may, by commission, appoint such other persons |ustices of the peace or police commissioners, B|— Y. o. XX CONSOLIDATED ORDINANCES having each the authority of two justices of the peace within the said Territory, as may be deemed desirable. Jurymen to 17. No person shall be summoned or sworn as a juryman subjeits'*' on any trial in the Territorial Court unless he is a British subject. Peniten- tiaries, jails ■and places o{ confinement. Governor in Council to make rules and regula- tions as to penitentiaries, etc. Coroners. 18. Every lock-up, guard-room, guard-house or place of confinement provided by or for or under the direction of the North-West Mounted Police force, or the regular mili- tary force, or a municipal body, or by the Commissioner or Commissioner in Council of the Territory, shall be a peni- tentiary, jail, and place of confinement for all persons sen- tenced to imprisonment in the Territory, and the Commis- sioner of the Territory shall direct in which such peniten- tiary, jail or place of confinement any person sentenced to imprisonment shall be imprisoned. 2. The Grovernor in Council shall have power to make rules and regulations respecting the management, disci- pline and policy of every penitentiary, jail or place of con- finement used as such in the Territorj'-. 19« All persons possessing the powers of two justices of the peace in the Territory shall also be coroners in and for the said Territory. Police magistrates. (19a.) The Governor in Council may appoint police magistrates for Dawson and White Horse in the Yukon Territory who shall reside at those places, respectively, and shall ordinarily exercise their functions there, but who Appointment shall have jurisdiction, respectively, in such portions of the furlsdfct" Yukon Territory as are defined in their commissions. (S. 1, c 41, 1 Edw. YII.) Tenure of office. Salaries. Living allowances. Qualification. (196.) Such police magistrates shall hold ofiice during pleasure and shall be debarred from practising professional- ly while holding office, (S. 2, c. 41, 1 Edw. VII.) (19c) The annual salary of the police magistrate for Dawson shall be $2,400, and that of the police magistrate for White Horse shall be $2,400, and such salaries may be paid out of any unappropriated moneys forming part of the Consolidated Eevenue Fund of Canada. The said magis- trates may be paid in addition to the said salaries s-uch living allowances as may be fixed by the Governor General in Council. (S. 2, c. 41, 1 Edw YII.) (19(1.) No person shall be appointed a police magistrate hereunder unless he has been admitted and has practised as an advocate, barrister or solicitor in one of the provinces ot Canada for a period of not less than three vears. (S. 2 c. 41, 1 Edw. YII.) ■' ^ THE YUKON TERRITORY ACT xxi (19e.) Each of the police magistrates so appointed shall Powers as ex officio, within the territorial limits of his jurisdiction, be ^' ^' a justice of the peace and have and exercise the authority and jurisdiction of two or more justices of the peace sitting or acting together. 2. Each such police magistrate shall also within such powers as limits be a magistrate for the purposes of Part LV. of TTie magistrate. Criminal Code, 1892, and amendments thereto, and shall have and exercise all the jurisdiction of such a magistrate, including that vested in police magistrates of cities and incorporated towns by section *785 of Tlie Criminal Code, 1892, as that section is enacted by section 3 of chapter 46 of the statutes of 1900, and his jurisdiction under the said Part shall be absolute without the consent of the person charged, except where such jurisdiction is dependent upon the provisions of said section 785 or of sections 189 and 790 of The Criminal Code, 1892, as amended. (S. 5, c. 41, 1 Edw. VII.) (19/".) The civil jurisdiction of a police magistrate so -ap- Civil pointed, if the Governor in Council thinks proper to A'est |j'"J^j°*j,°^' such jurisdiction in him, shall, subject to the exceptions by Governor hereinafter mentioned, extend to the following cases : — '" Council. (a.) Personal actions where the amount claimed does not exceed |300. (6.) Where the parties consent in writing, personal actions where the amount claimed does not exceed $f>00. (c.) Claims and demands of debt, account or breach of contract or covenant or money demand, whether payable in money or otherwise, where the amount does not exceed $500. {d.) Claims for the recovery of a debt or money demand, the amount or balance of which does not exceed $1,D00 where the amount or original amount of the claim is ascer- tained by the signature of the defendant, or of the person whom, as executor or administrator, the defendant repre- sents. Interest accumulated upon any claim of this class, since the amount or balance was so ascertained by the signature of the defendant or of such person as aforesaid, shall not be included in determining the question of juris- diction, but interest so accumulated may be recovered before a police magistrate, notwithstanding that the interest and the amount of the claim so ascertained, together exceed the sum of $1,000. (S. 6, c. 41, 1 Edw. VII.) (19g-.) Such police magistrates, if given civil jurisdiction, Replevin. shall also have jurisdiction in cases of replevin where the value of the goods or other property or effects distrained, taken or detained, does not exceed |300. (S. 6, c. 41, 1 Edw. VII,) (I9h.) The following classes of cases are excepted from Exceptions the jurisdiction of such police magistrates :— [[°^ jurisdic- {a ) Actions for gambling debts ; xxu CONSOLIDATED ORDINANCES Appeal in civil cases ■Rules of practice. Afjpeals under Grim. Code, Part LII. Criminal Code, 8. 785. When final. Under Crim. Code, Part Part LVIII. (b.) Actions for spirituous or malt liquors drunk in a hotel, tavern or house of public entertainment ; . (c.) Actions on notes of hand given wholly or partly in consideratian of a gambling debt or for such liquors ; (d.) Actions for the recovery of land or in which the right or title to any corporeal or incorporeal hereditaments, or to any toll, custom or franchise comes in question ; (e.) Actions in which the validity of any device, bequest or limitation under any will or settlement is disputed ; (/.) Actions for malicious prosecution, libel, slander, criminal conversation, seduction or breach of promise of marriage ; (§•.) Actions against a justice of the peace for anything done by him in the execution of his office, if he objects to such jurisdiction. (S. 8, c. 41, 1 Edw. VII ) (l»i.) There shall be an appeal to the Territorial Court from the final judgment of a police magistrate in any civil case where the amount in dispute, exclusive of costs, exceeds $100. The appeal in such case shall be heard upon the evidence taken before the police magistrate, and the judg- ment of the Territorial Court shall be final. (S. 9, c. 41. 1 Edw. VII.) (5 9y.) The Commissioner in Council shall have full power, from time to time, to make Ordinances, or to empower the judges of the Territorial Court to make gene- ral rules and orders, prescribing and regulating the proce- dure and practice to be observed in connection with the exercise of the civil jurisdiction of such police magistrates. (S. 10, c. 41, 1 Edw. VII.) {I9k.) For the purposes of Part LII. of fhe Criminal Code, 1892, and amendments, the court of appeal from the verdict or judgment of the Territorial Court or a juda-e thereof shall be the Supreme Court of Canada 2. For the purposes of the said Part LII. the court of appeal from the judgment of a police magistrate proceeding under section Y85 of The Criminal Code, 1892, as amended, shall be the Territorial Court en banc. 3. The judgment of the Territorial Court upon any such appeal from a police magistrate shall be final and conclu- sive It the judges-of the court are unanimous therein, other- Court o/canada ^"^ ^^^^^^ therefrom to the Supreme 4 In the said Territory the appeal from a summary con- l8qf^>,«ll°l''/'"^''/^'^^7"^-°f ^^« Criminal Code, 1892, shall be to a judge of the Territorial Court sittinc^ without a jury at the place where the cause of the infor- mation or complaint arose, or the nearest place thereto TeT VhT '' "^PP^^"*^"^ *" ^« ^«ld. 's. 11, c. 41, THE YUKON TERRITORY ACT Xxiii (1S>/.) The expression "province" in any Act of the Par- interpreta- liament of Canada includes the Yukon Territory, unless *'°"- the context otherwise requires, and except in so far as the "Province." effect of the application of this rule would be inconsistent r s c o i with the intent and object of such Act. (S. 12, c. 41, «■ V (is). ' ' 1 Edw. VII.) (lOjn.) Each of the judges of the Territorial Court shall Criminal have, and may exercise in any part of the Yukon Territory, in£a°" the criminal jurisdiction vested in the police magistrate for Dawson by chapter 41 of the statutes of 1901, and in the exercise of such jurisdiction shall have all the powers of a police magistrate under the said chapter 41. (S. 1, c. 41, 1 Edw. VII.) (lS>/i.) The Governor in Council may from time to time Power of a assign to one of the judges of the said court the duty of ordi- ^^"^le judge. narily exercising such jurisdiction. (S. 1, c. 41, 1 Ed. VLI.) 20. The G-oveinor in Council may appoint such officers Appointment as are necessary for the due administration of justice in the °ffi"|rf ^f Territory, may fix the fees or emoluments of such officers of feTB%ta°^ and may fix the fees or emoluments of coroners, justices of the peace, jurors, witnesses and other persons attending or performing duties in relation to the administration of criminal justice, and provide the manner in which such fees and emoluments shall be paid. (S. 20, c. 41. 1 Edw.VII.) 21. In case of the death of the Commissioner the senior Provision for member of the Council shall act as Commissioner until a mfssionS'" successor is appointed. (S. 21, c. 41, 1 Edw. VII.) death. (22.) Every regulation made by the Grovernor in Council Regulations under the authority of section 47 of Tlie Dominion Lands ^"ll"^ R-S.c, Acf, applicable or relating to the Yukon Territory, shall remain in force until the day immediately succeeding the day of prorogation of the then next session of Parliament, and no longer, unless durinig such session of Parliament such regulation is approved by resolution of both Houses of Parliament. (S. 5, c. 34, 2 Edw. VII.) SCHEDULE. The Yukon Territory shall be bounded as follows : — On the south, by the Province of British Columbia and the United States Territory of Alaska ; on the west, by the said United States Territory of Alaska ; on the north, by that part of the Arctic Ocean called Beaufort Sea ; and on the east, by a line beginning at the point of intersection of the left bank of the Liard Eiver, by the northern boundary of the Province of British Columbia in approximate longitude 124° 16 west xxiv CONSOLIDATED ORDINANCES of Greenwich ; thence north-westerly along the line of the watershed separating the streams flowing into the Liard River below the point of beginning, or into the Mackenzie Eiver, from those flowing into the Liard Eiver above the point of beginning, or into the Yukon River, to the line of watershed of the basin of Peel River ; thence northerly along the line of watershed between the Peel and Mackenzie Rivers to the sixty-seventh degree of north latitude; thence westerly along the parallel of the sixty-seventh degree of north latitude to the line of watershed between the Peel and Yukon Rivers; thence northerly along the said line of watershed to the trail across the portage in McDougall Pass between Rat and Bell Rivers ; thence due north to the northern limit of the Yukon Territory ; the said territory to include the islands within twenty statute miles from the shores of the Beaufort Sea as far as the aforesaid due north line from McDougall Pass. NORTH-WEST TERRITORIES ACT XXV THE NORTH-WEST TERRITORIES ACT. CHAPTER 50, REVISED SrATDTES OF CANADA. As amended up to the date of the coming into force of the Cons ^i^ ' ,^a im g '< m Ordinances of the North-West Territories,, 1898. ;»w,^.. Consolidated NeiD sections from amending Acts have the numbers bracketed thus (1.) References at the end of sections or clauses indicate that the section or clause was amended to read as shown by the enactment referred to. An Act respecting the North-West Territories. V TTER Majesty, by and with the advice and consent of the -*-*- Senate and House of Commons of Canada, enacts as follows : SHORT TITLE. 1. This Act may be cited as " The North- West Territories short title Act." INTERPRETATION. S. In this Act, unless the context otherwise requires, — interpretation (a.) The expression "Territories" means the North-West "Territories." Territories, as defined in this Act ; (b.) The expression '" The Lieutenant Governor " means "Lieutenant the Lieutenant Governor of the North-West Territories ; Governor." (c.) The expression " Lieutenant Governor in Council "" Lieutenant means the Lieutenant Governor of the Territories by and c°™™i°!^ ™ with the advice and consent of the Executive Council of defined. the Territories, or in conjunction with the Executive Coun- cil of the Territories, as the case may be. 60-61 Vic, c. 28, s. 2. {d.) The expression " Supreme Court " means the Supreme "Supreme Court of the North- West Territories ; *^°"'*" (e.) The expression "intoxicating liquor" means and "intoxicating includes all spirits, strong waters, spirituous liquors, wines, i'• The seat of Government of the Territories shall be Seat of fixed and wuy from time to time be changed by the sovemment. Governor in Council. {Section 10 was repealed by 51 Vict., c. 19, s. 1.) LAWS IN FORCE. !!• Subject to the previsions of this Act, the laws of Laws of England relating to civil and criminal matters, as the same fuiy ib'^isto existed on the fifteenth day of July, in the year of our Lord iu fbroe'in one thousand eight hundred and seventy, Biail he in force with'certein in the Territories, in so far as the same are applicaMe to the exceptions. Territories, and in so far as the same have not been or are not hereafter repealed, altered, varied, modified or affected by any Act of the Parliament of the United King- dom applicable to the Territories, or of the Parliament of Canada, or by any Ordinance of the .Lieutenant Governor in Council or of the Legislative Assembly. 60-61 Vic, c. 2^, s. 4. 12. All laws and Ordinances in force in the Territories Laws in force and not repealed by or inconsistent with this Act, shall ''°"*'°"«^- remain in force until it is otherwise ordered by the Parlia- ment of Canada, by the Governor in Council, or by the Legislative Assembly under the authority of this Act. 60- 61 Vic, c 28, s. 5. THE LEGISLATIVE ASSilMBLY. (2;) There shall be a Legislative Assembly for the Terri Legislative tories which shall be composed of twenty-six members -^^ssembiy. elected to represent the electoral districts set forth in the schedule to this Act until the said Legislative Assembly otherwise provides. 57-58 Vic, c. 17, s. 15. (3.) Every Legislative Assembly shall continue for four Duration of years from the date of the return of the writs for choosing Assembly. the same ; but the Lieutenant Governor may at any time dissolve the Assembly and cause a new one to be chosen. 54-55 Vic, c. 22, s. 3 ; 51-58 Vic, c 17, s. 16. (4.) There shall be a session of the Legislative Assembly Limit of time convened by the Lieutenant Governor at least once in every ^°^ session. year, so that twelve months shall not intervene between the last sitting of the Assembly in one session and its fitst sitting in another session ; and such Assembly shall sit separately from the Lieutenant Governor, and shall present Proceedings Bills passed by it to the Lieutenant Governor for his assent, °" '''''^- XXVlll Who may- vote. CONSOLIDATED ORDINANCES who may approve or reserve the same for the assent of the G-overuor General. 54-55 Vic, c. 22, s. 4. By 54-55 Vic, c. 22, s. 5, provision was made for issue of writs and conduct of elections until the Assembly should other- wise provide. See now The Elections Ordinance. (7.) The persons qualified to vote at an election for the Legislative Assembly shall be the male Brilash subjects by birth or naturalization (other than unenfranchised Indians) who have attained the full age of twenty-one years, who have resided in the North-West Territories for at least the twelve months and in the electoral district for at least the three months respectively immediately preceding the time of voting. 51 Vic, c, 19, s. 7. (8.) Any British subject by birth or naturalization shall be eligible for nomination and election. (2.) No nomination at any election shall be valid and acted upon unless at or before the time of nomination a sum of one hundred dollars is deposited in the hands of the returning officer ; and the receipt of the returning officer shall in every case be sufficient evidence of the paymeiit herein mentioned. How applied. (3.) The sum so deposited shall be returned to the person by whom the deposit was made in the event of the candi- date by or on whose behalf it was so deposited, being elected or of his obtaining a number of votes at least equal to one-half the number of votes polled in favour of the can- didate elected, — otherwise it shall belong to Her Majesty for the public uses of the Territories ; and the sum so paid and not returned as herein provided shall be applied by the returning officer towards the payment of the election expenses and an account thereof shall be rendered by him to the Lieutenant Governor. 51 Vic , c. 19, s. 8. Who eligible for election. Deposit at nomination. Qualification of member of Legislative Assembly. Oath to be taken by members. (18.) No person holding any office, commission or em- ployment to which an annual salary from the Crown is attached shall be eligible as a member of the Legislative Assembly or shall sit or vote therein during the time he holds such office, commission or employment ; but nothing herein contained shall render ineligible any member of the Executive Council of the Territories by reason of any salary, fee, allowance, emolument or profit of any kind or amount attaching to such membership from being a member of the Assembly or shall disqualify him from sitting or voting therein : Provided he is elected while holding such office and is not otherwise disqualified. 60-61 Vic, c 28, s. 9. (9-) Elected members of the Legislative Assembly shall take and subscribe before the Lieutenant Governor or before NORTH-WEST TERRITORIES ACT -.| xxix such person as is designated by the Grovernor in Council the following oath of allegiance :— " I, A. B., do swear that I will be faithful and bear true allegiance to Her Majesty, her heirs and successors." 51 Vic, c. 19, s. 9. (lO.) Until the Legislative Assembly otherwise provides Quorum in a majority of the members shall form a quorum for the Assembly. transaction of business. 51 Vic, c 19, s. 10 ; 5*7-58 Vic, c 1*7, s. 13. (11.) The Legislative Assembly on its first assembling Election of after a general election shall proceed with all practicable ^p^^''^''- speed to elect one of its elected members to be Speaker. (2.) In case of a vacancy happening in the office of Vacancy in Speaker by death, resignation or otherwise the Legislative speaker. Assembly shall proceed with all practicable speed to elect another of its elected members to be Speaker. (3.) The Speaker shall preside at all meetings of the Speaker to Legislative Assembly. p'"'"'^'- (4.) Until the Legislative Assembly otherwise provides Case of in case of the absence for any reason of the Speaker from provided for. the chair of the Assembly for forty-eight consecutive hours the Assembly may elect another of its members to act as Speaker and the member so elected shall during the con- tinuance of such absence of the Speaker have and execute all the powers, privileges and duties of Speaker. 51 Vic, c 19, s. 11. (12.) Questions arising in the Legislative Assembly shall Majority be decided by a majority of voices other than that of the '^ <^^'='^''- Speaker and when the voices are equal but not otherwise the Speaker shall have a vote. 51 Vic, c. 19, s. 12. 13. The Legislative Assembly shall, subject to the provi- ^g^^^bi"^ sions of this Act or of any other Act of the Parliament of ^^^™ ^' Canada declared to be applicable to the Territories, have power to make Ordinances for the government of the Terri- tories in relatipn to the classes of subjects next hereinafter mgntioned that is to say : — 1. The mode of providing voters' lists, the oaths to be taken by voters, the appointment, powers and duties of returning officers and deputy returning officers, election and poll clerks and their oUths of office, the proceedings to be observed at elections, the periods during which such elections may be continued, and such other provisions with respect to such elections as may be thought fit ; 2. Direct taxation within the Territories in order to raise a revenue for Territorial or municipal or local purposes ; 3. The establishment and tenure of Territorial offices and the appointment and payment of Territorial officers out of Territorial revenues ; XXX CONSOLIDATED ORDINANCES Limitation. Ordinances respecting education. Majority- schools. 4. The establislimeiit, maintenance and management of prisons in and for the Territories, —the expense thereof being payable out of Territorial revenues ; 5. Municipal institutions in the Territories, including the incorporation and powers, not inconsistent with any Act of Parliament, of irrigation districts, that is to say, associations of the land owners and persons interested in the lands in any district or tract of land ior the purpose of constructing and operating irrigation works for the benefit of such lands ; 58-59 Vic, c. 31, s. 1. 6. Shop, saloon, tavern, auctioneer and other licenses, in order to raise a revenue for Territorial or municipal pur- poses ; Y. The incorporation of companies with Territorial objects, with the following exceptions : — (a.) Such companies as cannot be incorporated by a Provincial Legislature ; (b.) Railway companies (not including tramway and street railway companies) and steamboat, canal, telegraph and irrigation companies; 5^-59 Vic, c 31, s. 2. 8. The solemnization of marriage in the Territories ; 9. Property and civil rights in the Territories ; 10. The administration of justice in the Territories, including the constitution, organization and maintenance of Territorial courts of civil jurisdiction, including proce- dure therein, but not including the power of appointing any judicial officers ; 11. The imposition of punishment by fine, penalty or imprisonment for enforcing any Territorial Ordinances ; 12. The expenditure of Territorial funds and such portion of any moneys appropriated by Parliament for the Terri- tories as the Lieutenant Governor is authorized to expend by and with the advice of the Legislative Assembly or of any committee thereof; 13. Grenerally all matters of a merely local or private nature in the Territories. •?* (2.) Nothing in this section contained gives or shall be construed to give to the Legislative Assembly any greater powers with respect to the subjects therein mentioned than are given to Provincial Legislatures under the provi- sions of section ninety-two of The British North America Act, 1861, with respect to the similar objects therein men- tioned. 54-55 Vic, c 22, s. 6 ; -60-61 Vic, c 28, s. 6. 14. The Legislative Assembly shall pass all necessary Ordinances in respect to education ; but it shall therein always be provided that a majority of the ratepayers of any district or portion of the Territories or of any less portion or subdivision thereof, by whatever name the same is Known, may establish such schools therein as they think fit and make the necessary assessment and collection of NORTH-WEST TERRITORIES ACT XXXI rates therefor ; and also that the minority of the ratepayers Minority therein whether Protestant or Roman Catholic may estab- ^^°°^^- lish separate schools therein, — and in such case the rate- payers establishing such Protestant or Eoman Catholic separate schools shall be liable only to assessments of such rates as they impose upon themselves in respect thereof. 61 Vic, c. 5, s. 12. (Section 15 of the Act was repealed by 51-58 Vic, c. 17, s. 2.) (14.) The Legislative Assembly shall not adopt or pass Money votes any vote, resolution, address or bill for the appropriation '" ^^ fi"' ^ r i. J? ii 1 T n . . . recommended. oi any part oi tne public revenue or oi any tax or impost to any purpose that has not been first recommended to the Assembly by message of the Lieutenant Grovernor in the Session in which such vote, resolution, address or bill is proposed. 51 Vic, c 19, s. 14. !©• The Legislative Assembly may, from time to time, Juries. make Ordinances in respect to the mode of calling juries, other than grand juries, in criminal as well as civil cases, and when and by whom and the manner in which they may be summoned or taken, and in respect to all matters relating to the same. 60-61 Vic, c 28, s. 7. (20.) Por the removal of doubts it is hereby declared Jurisdiction that subject to the provisions of The North- West Territories aUmony."^^ ° Act the Legislative Assembly has and shall have power to confer on Territorial courts jurisdiction in matters of ali- mony. 57-58 Vic, c 17, s. 20. (H>.) Notwithstanding anything in this Act or the said As to wills Act contained the Legislative A ssembly may, by Ordinance, fntoxioants repeal the provisions of sections twenty-six to forty, both inclusive, and also in so far as they apply to the Territories comprising the several electoral divisions mentioned in the schedule to this Act, the provisions of sections ninety-two "" to one hundred, also both inclusive, of the said Act, together with all amendments thereto, and may re-enact the said provisions or substitute other provisions in lieu thereof. 54-55 Vic, c 22, s. 19. IT. An authentic copy of every Ordinance shall be trans- Disaiiawance mitted by mail to the Secretary of State within thirty days of Ordinances. after its passing ; and if the G-overnor in Council at any time within one year after its receipt by the Secretary of State thinks fit to disallow the Ordinance, such disallowance, when signified by the Secretary of State to the Lieutenant G-overnori shall annul the Ordinance from and after the date of such signification ; and all Ordinances so made, and Submission to all Orders in Council disallowing any Ordinances so made, Parliament, shall be laid before both Houses of Parliament as soon as xxxu CONSOLIDATED ORDINANCES conveniently may be after the making and enactment thereof respectively. {Sections 18 to 25, both inclvsive, were repealed by 51 Vic, c. 19, s. 1.) THE EXECUTIVE COUNCIL. Executive Powers. (17.) There shall be a Council to aid and advise in the TCTHtoriel*^ government of the Territories to be styled the Executive Council of the Territories ; and the persons who are to be members of that Council shall be, from time to time, chosen and summoned by the Lieutenant Grovernor and sworn in ; and members thereof may be, from time to time, removed by the Lieutenant Governor. (2.) All powers, authorities and functions which, unde/ any Act of the Parliament of Canada or Ordinance of the Territories, are vested in or exercisable by the Lieutenant Grovernor with the advice, or with the advice -and consent, of the Executive Committee of the Territories, or in conjunc- tion with that Committee, shall, upon the passing of this Act be vested in. and shall or may be exercised by the Lieutenant Gi-overnor with the advice, or with the advice and consent of, or in conjunction with, the Executive Coun- cil of the Territories; subject, nevertheless, to be abolished or altered by competent legislative authority. 60-61 Vic, c. 28, s. 8. Wills may be made. WILLS. 26. Every person may devise, bequeath or dispose of, by will executed in manner hereinafter mentioned, all real and personal property to which he is entitled 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 27. No wiU made by any person under the be of age. tweuty-oue years shall be valid. age of Execution of wills. No further publication. 28. No will shall be valid unless it is 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 direc- tion ; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses pre- sent at the same time; and such witnesses shall attest and shall subscribe the will in the presence of the testator but no lorm of attestation shall be necessary. 29. Every will executed in manner hereinbefore required shall be valid without any other publication thereof. NORTH-WEST TERRITORIES ACT XXxiii <50. If any person who attests the execution of a will is Subsequent at the time of the exectition thereof or at any time after- '^"Z^""^ wards incompetent to be admitted as a witness to prove the execution thereof, such will shall not on that account be invalid. 31« No person shall on account of his being an executor Executor may of a will be incompetent to be admitted as a witness to ^^ ""*"«^^- prove the execution of such will or as a witness to prove the validity or invalidity thereof. 32. If any person attests the execution of any will to Devise to whom or to whose wife or husband any beneficial devise or voidfbut" ^^ legacy affecting any real or personal property (other than a witness may charge for the payment of a debt) is thereby given, such execution, 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 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 notwithstand- ing such devise or legacy. 33. No will or codicil or any part thereof shall be Revocation of revoked otherwise than by marriage or by another will or ^jfci'is.'* codicil executed in manner hereinbefore required or by some writing declaring an intention to revoke the same and execiited in the manner in which a will is hereinbefore required to be executed, or by the burning, tearing or other- wise destroying the same by the testator or by some person in his presence and by his direction with the intention of revoking the same. 34. Every will shall be construed with reference to the How a win real and personal property affected by it, to speak and take construed. effect as if it had been executed immediately before the death of the testator unleis a contrary intention appears by the will. 35. If any real property is devised to any person with- when fee out any words of limitation such devise shall be construed ^™p^® ^^^'^ 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 property, unless a contrary intention appears by the will. MARRIED WOMEN. 36. All the wages and personal earnings of a married Herown , ° . .,. ^ ,, - J n J earnings to woman and any acquisitions thereirom and all proceeds or belong to her. profits from any occupation or trade which she carries on separately from her husband or derived from any literary, C — y. o. XXXIV No order necessary. CONSOLIDATED OBDINANCES artistic or scientific skill, and all investments of such wages, earnings, moneys or property shall be free from the debts or dispositions of the husband and shall be held and enjoyed by such married woman and disposed of without her hus- band's consent as fully as if she were a feme sole, and no order for protection shall be 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. -Deposits in bank. 37. 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 cheque ; and any receipt or acquit- tance of such depositor shall be a suificient discharge to any such bank. Fraudulent investment not valid. 38. Nothing hereinbefore contained in reference to moneys deposited or investments by any married woman shall, as against any creditor 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 3J>. 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 unmar- ried ; 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. 40. 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 is 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 prop- erty belonged to her as an unmarried woman ; and any married woman may be sued or proceeded against sepa- rately from her husband in respect of any of her separate debts, engagements, contracts or torts, as if she were unmarried. NORTH-WEST TEERITORIES ACT XXXV ADMINISTRATION OF JUSTICE. 41. The Supreme Court of record of original and appel- Supreme • late jurisdiction now existing under the name of " The ^onYinued. Supreme Court of the North-West Territories " is hereby- continued under the name aforesaid. 42. The Supreme Court shall consist of five puisne Constitution judges, who shall be appointed by the Governor in Ooun- °^ ''°""^'' cil by letters patent under the G-reat Seal. 48. Any person may be appointed a judge of the court who may who is or has been a judge of a Superior Court of any j'udge''"'"'^'^ Province of Canada, a stipendiary magistrate of the Terri- tories, or a barrister or advocate of at least ten years' stand- ing at the bar of any such Province, or of the Territories. 44. No judge of the court shall hold any other office of No other office emolument under the Government of Canada, or of any j* b™hd(? *"' Province thereof, or of the Territories. 45. Each judge of the court shall reside at such place Residence. in the Territories as the Governor in Council, in the com- mission to such judge, or by Order in Council, directs. 46. The judges of the court shall hold office during good Tenure behaviour, but shall be removable by the Governor General, °^ °^''^' on address of the Senate and House of Commons of Canada. 47. Every judge shall, previously to entering upon the Oath to be duties of his office as such judge, take an oath in the form '*'^™- following : — "I, , do solemnly and sincerely promise and Form of oath. " swear that I will duly and faithfully and to the best of " my skill and knowledge, execute the powers and trusts " reposed in me as one of the judges of the Supreme Court " of the North-West Territories. So help me God." (2 ) Such oaths shall be administered by the Lieutenant How Governor or by a judge of the court. administered. 4S. The court shall, within the Territories, and for the jurisdiction administration of the laws for the time beinar in force within },V*^!° t^® the Territories, possess all such powers and authorities as by civil and the law of England are incident to a Superier Court of civil <=ninmai. and criminal jurisdiction ; and shall have, use and exercise all the rights, incidents and privileges of a court of record and all other rights, incidents and privileges as fully to all intents and purposes as the same were on the fifteenth day of July, one thousand eight hundred and seventy, used, exercised and enjoyed by any of Her Majesty's superior courts of common law, or by the Court of Chancery, or by the Court of Probate in England, — and shall hold pleas in Cj— Y.o. XXXVl Sittings of Supreme Court. Jurisdiction in banc. Appeals. CONSOLIDATED ORDINANCES all and all manner of actions, causes and suits as -well criminal as civil, real, personal and mixed, — and shall pro- ceed in such actions, causes and suits by such process and course as are provided by law, and as tend with justice and despatch to determine the same, — and shall hear and deter- mine all issues of law, and shall also hear and (with or with- out a jury as provided by law) determine all issues of fact joined in any such action, cause or suit, and give judg- ment thereon and award execution thereof in as full and as ample a manner as might at the said date be done in Her Majesty's Court of Queen's Bench, Common Bench*, or in matters which regard the Queen's revenue (including the condemnation of contraband or smuggled goods) by the Court of Exchequer, or by the Court of Chancery or the Court of Probate in England. 49. The court shall sit in banc at such times and places as the Lieutenant Grovernor in Council appoints ; the senior judge present shall preside, and three judges of the court shall constitute a quorum. 61 Vic, c. 5, s. 3. 50. The court sitting in banc shall hear and determine all applications for new trials, all questions or issues of law, all questions or points in civil or criminal cases reserved for the opinion of the court, all appeals or motions in the nature of appeals, all petitions and all other motions, matters or things whatsoever which are lawfully brought before it : Provided that the judge by or before whom the judg- ment, 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. 5t-58 Vic, c. \n, s. 4. Judicial districts. Territorial jurisdiction of judges. Writs of certiorari. 51. The Grovernor in Council may at any time by pro- clamation divide the Territories into judicial districts, and give to each such district an appropriate name, and in like manner, from time to time, alter the limits and extent of such districts. 52. Every judge of the court shall have jurisdiction, throughout the Territories, but shall usually exercise the same within the judicial district to which he is assigned by the Grovernor in Council, and in all causes, matters and proceedings, other than such as are usually cognizable by a court sitting in banc, and not by a single judge of the said court, shall have and exercise all the powers, authori- ties and jurisdiction of the court. (2.) Subject to any statute prohibiting or restricting pro- ceedingsby w^ay oi certiorari, a single judge shall, in addi- tion to his other powers, have all the powers of the court as to proceedings by way oi certiorari over the proceedings, NORTH-WEST TERRITORIES ACT XXXVll orders, convictions and adjudications had, taken and made by justices of the peace, and in addition thereto shall have the power of revising, amending, modifying or otherwise dealing with the same ; and writs of cen-tiorari may, upon the order of a judge, be issued by the clerk of the court mentioned in such order returnable as therein directed. 54-55 Yic, c. 22, s. t. 53. Whenever, under any Act in force in the Territories, Powers of any power or authority is to be exercised, or anything is to ^^ingie judge. be done by a judge of a court, such power or authority shall, in the Territories, be exercised or such thing shall be done by a judge of the Supreme Court, unless any other provision is made in that behalf by such Act. 54. The judges of the Supreme Court shall have all the Judges to powers, authority and jurisdiction vested in the stipendiary former magistrates of the Territories on the second day of June, stipendiary one thousand eight hundred and eighty-six ; and wher- '"^^'^'^ ®'- ever in any Act of the Parliament of Canada relating to the Territories, the words " stipendiary magistrate" or " stipen- diary magistrates " are used, the same shall mean a judge or the judges of the Supreme Court, as the case may be. 55. Sittings of the Supreme Court, which shall be pre- Sjttings, sided over by a judge of the court, shall be held in each "'^ei-eheid. judicial district at such times and places as the Lieutenant Grovernor of the Territories appoints. 56. For each judicial district the Grovernor in Council sheriffs may appoint a sheriff and the Lieutenant Grovernor in »". If it is impossible or inconvenient in the absence or when remoteness of any jail or other place of confinement, to Erpiaced™*^ carry out any sentence of imprisonment, any judge or in custody of justice of the peace may sentence any person convicted Poiice. before him of an ofience, other than the breach of a munici- pal by-law, to be placed and kept in the custody of the North-West Mounted Police force, with or without hard labour ; and any police guard-house or guard-room in the Territories shall be a penitentiary, jail or place of confine- ment for all purposes, except the confinement of any person sentenced to imprisonment for breach of a municipal by-law ; but if any municipality makes arrangements with the Commissioner of the North-West Mounted Police for the maintenance of persons convicted of a breach of any by-law of such municipality during the period of their sentence, the provisions of this section shall thereafter apply to such persons in like manner as to other offenders. 54-55 Vic, c. 22,, s. 13. HO. The Grovernor in Council may, from time to time, What may be direct that any building or buildings, or any part thereof, ^ ^^°^- or any enclosure or enclosures, in any part or parts of -the Territories, shall be a jail or lock-up for the confinement of prisoners^charged with the commission of any offence or sentenced to any punishment or confinement therein ; and confinement therein shall thereupon be held lawful and valid whether such prisoners are being detained for trial or are under sentence of imprisonment in a penitentiary, jail or other place of confinement ; and the Governor in Council may at any time direct that any building or any part thereof, or any enclosure, shall cease to be a jail or lock-up, xliv CONSOLIDATED ORDINANCES Gaol discipline. Conditions upon which prisoners are kept. Limitation of time for and thereupon such building or part thereof, or such enclo- sure shall cease to be a jail or lock-up. (2.) The Governor in Council shall have power to make rules and regulations for the management, discipline and policy of such jails or lock-ups and for fixing and pre- scribing the duties and conduct of the jailer and every other officer or servant employed therein and for the diet, bedding, maintenance, employment, classification, instruc- tion, discipline, correction, punishment and reward of persons confined therein, and to annul, alter and amend the same from time to time; -and all jailers, officers, prisoners and other persons shall be bound to obey such rules and regulations. (3.) The Governor in Council shall also have power from time to time to prescribe the terms and conditions upon which persons convicted or accused of any offence under any Ordinance of the North-West Territories or any munici- pal by-law or regulation, or sentenced to confinement under any such Ordinance, by-law or regulation, or arrested under any civil process, shall be received and kept in any jail or lock-up created under the authority of this section; and he may from time to time specify what jails and lock-ups shall be available for the confinement of such persons. 54-55 Vic, c. 22, s. 14. 1^1' -In all cases in the Territories when procepdings before justices of the peace are authorized to be summary and when 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 infor- mation arose. Who shall be coroners. CORONERS AND INQUESTS. 82. The Indian Commissioner for the Territories, the judges of the Supreme Court, the Commissioner and Assistant Commissioner of the North-west Mounted Police, and such other persons as the Lieutenant Governor from time to time appoints, shall be coroners in and for the Territories. When inquests may be held. Deceased prisoners. 83. 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 that 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. 84. Upon the death of any prisoner the jailer or officer in charge of the jail wherein such prisoner dies shall im- NORTH-WEST TERRITORIES ACT xlv mediately give notice to the nearest resident coroner, and such coroner shall proceed forthwith to hold an inquest upon the body. 85. It shall not be necessary in any case that a coroner's Number of jury shall exceed six persons, but in every case of an inquest ^"'y- six jurors must agree in order to render the verdict valid. 86. Coroners shall have the same powers to summon Powers of witnesses and to punish them for disobeying a summons to coroners. appear or for refusing to be sworn or to give evidence as are enjoyed by justices of the peace. 87. The fees of coroners, jurors and witnesses attending Fees. criminal trials and inquests may be fixed from time to time by the Governor in Council and paid in such manner as he directs. ADMINISTRATION OF CIVIL JUSTICE. 88. Every judge of the Supreme Court shall have juris- Civil diction, power and authority to hold courts, whether estab- ^7^^^'^'°" lished by Ordinance of the Legislative Assembly or not, at ° ■"" ^*' such times and places as he thinks proper and at such courts as sole judge to hear all claims, disputes and demands whatsoever except as herein provided, which are brought before him and to determine any questions arising there- out, as well of fact as of law, in a summary manner ; and such courts shall be open public courts. (2.) Provided that in cases where the claim, dispute or Trial bjr jury demand arises out of a tort, wrong or grievance and in ™ °^^^^™ which the amount claimed exceeds five hundred dollars, or if for a debt or on a contract in which the amount claimed exceeds one thousand dollars, or for the recovery of the pos- session of real property, if either party demands a jury or in any such case in which the judge thinks fit so to direct, he may direct that all questions of fact therein shall be tried and determined by a sworn jury of six in number sum- moned in the manner hereinbefore provided as to criminal trials. (3.) Provided further that in cases of disputed accounts Reference of the judge may in place of a trial by jury direct the evidence disputed to be taken by the clerk of any court or by any other com- ^*^°°"" ^^ petent person ; which clerk or other person shall be sworn to take the same truly and to reduce it to writing. (4.) The judge may give judgment on the verdict of the .Judgment. jury or upon the evidence taken by the clerk or other per- son as aforesaid or may order a new trial when justice seems to require the same ; and in all cases a judge may give such judgment and make such orders and decrees, interlocutory and final, as in such cases brought before him appear just and agreeable to equity and good conscience ; but no court xlvi CONSOLIDATED ORDINANCES No acting for or judge in the Territories shall have jurisdiction in respect gambling debts or intoxicants of any action for a gambling debt or for the price of any- intoxicating liquor or intoxicant, or of any action by any person on any promissory note, bill of exchange, cheque, draft or other document or writing whatsoever, the con- sideration or any part of the consideration for which, was a gambling debt or any intoxicating liquor or intoxicant. 60-61 Yic, c. 28, s. 16. Judgment, how given. Execution of judgment 89. Every judgment of the judge shall be pronounced in open court as soon as may be after the hearing of the case ; except that in any case where the judge is not pre- pared to pronounce judgment at the close of the trial he may postpone judgment and deliver and enter the same subsequently, and such judgment shall be as effectual as if rendered in court at the trial. 90. The proceedings to carry into effect any such judg- ment, order or decree, whether interlocutory or final, shall be as prescribed by any Ordinance of the Legislative Assem- bly; or if no such Ordinance is in force when any such judgment, order or decree is rendered, then in such manner as the judge who pronounced the same directs. 60-61 Vic, c. 28, s. 16. Governor in !>!• The Grovemor in Council may from time to time by repeaisectfons protlamatiou declare that the three sections next preceding, 88 to 90 by or any of them, or any portion or portions of the said sections proclamation, qj, q£ ^^y q£ them, shall be repealed from and after the date named in such proclamation. 5Y-58 Vic, c. 1*7, s. 10. PROHIBITION OF INTOXICANTS. Intoxicants not to be manufactured, etc., without permission. Customs and excise laws to apply. Return of permissions. 92. No intoxicating liquor or intoxicant shall be manu- factured, compounded or made in the Territories, except by special permission of the Grovernor in Council ; nor shall any intoxicating liquor or intoxicant be imported or broright into the Territories from any Province of Canada, or else- where, or be sold, exchanged, traded or bartered, or had in possession therein, except by special permission, in writing, of the Lieutenant GoA'^ernor. (2.) Intoxicating liquors or intoxicants imported or brought from any place out of Canada into the Terri- tories, by special permission in writing of the Lieutenant Grovernor, shall be siibject to the customs and excise laws of Canada. 93. The Lieutenant Grovernor shall make an annual return, up to the thirty-first day of December in each year, of the number of such permissions so given by him, and the quantity and nature of the intoxicating liquors and NORTH-WEST TERRITORIES ACT xlvii intoxicants in each case, to the Minister of the Interior, who shall lay the same before Parliament. 94. If any such intoxicating liquor or intoxicant is manu- Forfeiture of factured or made in the Territories, or is imported or '"'°™^"*- brought into the Territories, or is sold, exchanged, traded or bartered in violation of the provisions of this Act, such liquor or intoxicant shall be forfeited, and may be seized by any oflB.cer of the customs or excise, or by any constable or other duly qualified person wheresoever found ; and any judge of the Supreme Court or justice of the peace on com- plaint made before him may, on the evidence of one credi- ble witness that the provisions of this Act have been violat- ed in respect thereof, order such intoxicating liquor or intoxicant so seized to be forthwith destroyed ; or if such Search liquor or intoxicant has not been seized such judge or jJe^'^^anted^^ justice of the peace on complaint as aforesaid may issue a search warrant, as in cases of stolen goods, and upon the same being found may cause them to be forthwith destroyed ; and the still, machinery, keg, barrel, case, box, still, package or receptacle whence or in which any intoxicating ^d^receptaeie liquor or intoxicant has been manufactured, imported or maybe seized. made, sold, exchanged, traded or bartered, and as well that in which the original supply was contained as the vessel wherein any portion of such original supply was supplied as aforesaid, and the remainder of the contents thereof, if such still, machinery, barrel, keg, case, box, package, receptacle or vessel aforesaid, respectively, can be identified, may be seized by any ofiicer of the customs or excise or by any con- stable or other duly qualified person wheresoever found within the Territories; and any judge of the Supreme And forfeited. Court or justice of the peace may, on complaint before him and on the evidence of one credible witness that the provi- sions of this Act have been violated in respect thereof, declare such intoxicating liquor or intoxicant, still, machi- nery, vessel or receptacle forfeited and cause the same to be forthwith destroyed ; and the person in whose possession Penalty and any of them are found shall incur 'a penalty not exceeding th^reof'^"" $200 and not less than |50 with costs ; and a moiety of such penalty shall belong to the person laying the informa- tion, and the other moiety thereof shall belong to Her Majesty for the public uses of Canada. 51-55 Vic, c. 22, s. 15. (2.) Every vehicle on which any such intoxicating liquor Vehicles or intoxicant is imported or conveyed into or through or fi^" ra'^^may over any portion of the Territories contrary to the provi- be seized. sionsofthis Act shall, together with 'the horses or other cattle employed in drawing any such vehicle as aforesaid, be forfeited to Her Majesty and may be seized and dealt with accordingly. 51 Vic, c. 19, s. 18. »5. Everv person who without special permission as Penalty for aforesaid issued to him, manufactures, makes, compounds, xlviii turing intoxicating liguors, etc., without permission. CONSOLIDATED ORDINANCES imports, sells, exchanges, trades or barters any intoxicating liquor or intoxicant, or in whose possession or on whose premises any intoxicating liquor or intoxicant of any kind is, without such special permission issued to him, shall incur a penalty not exceeding $200 and not less than $50,— a moiety of which penalty shall belong to^ the person lay- ing the information. 51-55 Vic, c. 22, s. 16. Penalty for 96. Evcry persou who kuowingly has in his possession eSgedIo? any article, chattel, commodity or thing purchased, acquired, intoxicants in exchanged, traded or bartered, either wholly or m part, tor ™°°°°""" any intoxicating liquor or intoxicant shall for each offence incur a penalty not exceeding $200 and not less than $50,— a moiety of which penalty shall belong to the informer. possession. Forfeiture of things accessory to offence. Penalty for refusing to assist constable. 97. Every article, chattel, commodity or thing, in the purchase, acquisition, exchange, trade or barter of which the consideration either wholly or in part is any intoxicating liquor or intoxicant, shall be forfeited to Her Majesty and shall be seized as hereinbefore provided in respect to any feceptacle of any intoxicating liquor or intoxicant. 98. Every person who refuses or neglects to aid any constable, sub-constable or other duly authorized person in the execution of any act or duty required under any of the six sections next preceding, or who knowingly refuses to give information or gives false information in respect to any matter arising therefrom, shall incur a penalty not exceed- ing $200 and not less than $50,— a moiety of which penalty shall belong to the informer. Recovery of penalties. Penalty for a subsequent offence. 9». Every penalty incurred under any of the seven sec- tions next preceding shall be recoverable with costs on summary conviction on the evidence of one credible witness before any judge of the Supreme Court or justice of the peace, who shall on payment of such penalty and costs pay the informer his share thereof ; and in case of non-payment of the penalty and costs immediately after conviction the convicting judge or justice of the peace may in his discre- tion levy the same by distresss and sale or may commit the person who is so convicted and makes default to any com- mon jail or house of correction or lock-up house for a term not exceeding six months with or without hard labour, unless the said penalty and costs are sooner paid ; and upon conviction for a subsequent offence the offender shall be liable to a penalty not exceeding $400 and not less than $200, payable and recoverable as in this section provided and, in the discretion of the convicting judge or justice of the peace, to imprisonment with or without hard labour in any common jail or house of correction or lock-up house for a. further term not exceeding six months. NORTH-WEST TEKKITORIES ACT xlix 100. No seizure, prosecution, conviction or commitment Conviction, under this Act shall be invalid for want of form, so long as f^vaifd for the same is according to the true intent and meaning of this want of form. Act. SALE OF ARMS AND AMMUNITION. 101. In this section— interpretation (a.) The exipression " improved arm. " means and includes "improved all arms except smooth bore shot guns ; *™" (b.) The expression "ammunition" means fixed ammu- ';Animuni- nition or ball cartridge. *'°"" (2.) Every person who, in the Territories, — (a.) "Without the permission in writing (the proof of Supplying which shall be on him) of the Lieutenant Grovernor, or of a *™^ ^".^. . ,111-, . 1 .. ammunition commissioner appointed by him to give such permission, without a has in his possession or sells, exchanges, trades, barters or P''''""''- gives to, or with any person, any improved arm or ammu- nition, or — (b.) Having such permission, sells, exchanges, trades, Or to barters or gives any such arm or ammunition to any person peMo*""""^ not lawfully authorized to possess the same — shall on summary conviction before a judge of the Supreme To be offences, Court or two justices of the peace, be liable to a penalty ^"^;'^?"'ui not exceeding |200, or to imprisonment for any term not exceeding six months, or to both. (3.) All arms and ammunition which are in the posses- Search for and sion of any person, or which are sold, exchanged, traded, seizure of T- i. J ■ X -i-T. • • 1 i.- ».,.' arms and bartered or given to or with any person m violation oi this ammunition section, shall be forfeited to the Crown, and may be seized ^^'^"^""ecTion by any constable or other peace oflicer ; and any judge of the Supreme Court or justice of the peace may issue a search warrant to search for and seize the same, as in the case of stolen goods. (4.) The Governor in Council may, from time to time, Beguiations make regulations respecting- - hf OmndT"^ (a.) The granting of permission to sell, exchange, trade, permits for barter, give or possess arms or ammunition ; arms, etc. {b.) The fees to be taken in respect thereof ; • ji^g^ (c.) The returns to be made respecting permissions Returns. granted ; and — (d.) The disposition to be made of forfeited arms and am- Disposition. munition. (5.) The provisions of this section respecting the posses- Proviso. sion of arms and ammunition shall not apply to any ofiicer or man of Her Majesty's forces, of the Militia force, or of the North-West Mounted Police force. (6.) The Grovernor in Council may, from time to time. Section may declare by proclamation that upon and after a day therein l^^" p;°^'^™«° named this section shall be in force in the Territories, or in anyplace in any place or places therein in such proclamatinn desig- N- w.T. naied ; and upon and after such day, but not before, the D — Y. o. CONSOLIDATED ORDINANCES And proclamation may be revoked. To be judicially noticed. provisions of this section shall take effect and be in force accordingly. (1.) The Governor in Council may in like manner, from time to time, declare this section to be no longer in force in anv such place or places, and may again, from time to time, declare it to be in force therein. (8.) All courts, judges and justices of the peace shall take judicial notice of any such proclamation. APPEALS FROM JUSTICES OF THE PEACE. Court of 102. The court of appeal from convictions and orders of appeal from justices of the peace in the Territories shall be a judge of prace!'*''' " the Supreme Court sitting without a jury ; and the clerk of the peace or other proper officer mentioned in the Act respecting summary proceedings before justices of the peace shall in the Territories mean the clerk of the Supreme Court of the judicial district within which such conviction takes place or such order is made. LUNATICS. Removal of lunatics in custody, by order of Lt. Governor. Removal of lunatics confined before date specified. Recapture of lunatics escaping from confinement. 103* Whenever under any law or Ordinance in force in the Territories, any insane person is kept in custody until the pleasure of the Lieutenant G-overnor is known or until such person is discharged by law, the Lieutenant G-overnor may cause such person to be removed to and confined in any asylum or place of confinement from time to time designated for that purpose by the Governor in Council, and the superintendent or warden of such asylum or place of confinement shall receive such person and detain him therein until the pleasure of the Lieutenant Governor is known or until such person is discharged by law. (2.) The Lieutenant Governor of the Province of Manitoba may cause any in sane person who came from the Territories and who was confined in a temporary lunatic asylum on the twentieth day of July, one thousand eight hundred and eighty-five, to be removed to the Manitoba lunatic asylum ; and the superintendent of the said asylum or the superintendent of such temporary lunatic asylum, as the case may be, shall detain every such person committed to his keeping until the pleasure of the Lieutenant Governor is known, or until such person is discharged by law. 104. If any insane person confined in such asylum or place of confinement under this Act, escapes therefrom, any of the officers or servants thereof or any other person or persons at the request of such officers or servants or any of them, may within forty-eight hours after such escape if no warrant has been issued and within one month after such escape if a warrant in the form in the schedule to this Act NOBTH-WEST TEKRITORIES ACT li has been, issued by the superintendent or warden of such asylum or place of confinement in that behalf, retake such escaped person and return him thereto ; and he shall remain in custody therein under the authority by virtue of which he was detained prior to such escape. 105. The Minister of the Interior may, subject to the Manitoba to approval of the G-overnor in Council, make such arrange- for car™of ''^'^ ments with the Lieutenant G-overnor of Manitoba as seem lunatics from reasonable as to the compensation to be made by Canada to ' ' ' that Province for the care and maintenance of persons detained in the Manitoba lunatic asylum or in such tem- porary asylum as aforesaid. {Section 106 is placed under heading " The Lieutenant Governor." KOAD ALLOWANCES. lOT. All road allowances in townships now or hereafter Control of surveyed and subdivided in the Territories and all road allowances. allow^ances set out on block lines now or hereafter surveyed in the Territories, the plans of survey whereof have been duly approved, shall be subject to the direction, manage- ment and control of the Lieutenant G-overnor in Council for the public use of the Territories, subject to any Ordi- nance made or to be made with respect thereto. 60-61 Vic, c. 28, s. 18. 108. On the Minister of the Interior receiving notice Survey and ■-— ■ ~ ._ .-. ._ transfer of certain roads. from the Lieutenant G-overnor in Council of any particular ''■*"^*^'' °* thoroughfare or public travelled road or trail in the Terri- tories which existed as such prior to the subdivision of the land into sections and which it is desired to have transfer- red to the Territories, the Governor in Council may pass an order authorizing the survey of such road or trail by a Dominion land surveyor, such survey to be made under instructions from the Lieutenant G-overnor in accordance with a manual of instructions regarding the manner of making such surveys approved by the Surveyor General of Dominion lands ; and upon approval of the returns of such survey by the Surveyor General one copy thereof shall be filed in the Department of the Interior and one in the Land Titles Office for the district within which such road or trail is situated ; and such road or trail may then be transferred by the. Governor in Council for the use of the Territories subject to any rights which may have been acquired under letters patent issued previous to such transfer. (2.) The width of such road or trail shall be one chain or sixty-six feet ; and in making the survey the surveyor shall make such changes in the location of the road or trail as he finds necessary for improving it, without however alter- ing its main direction. 60-61 Vic, c 28, s. 19. lii CONSOLIDATED ORDINANCES Closing up old roads, etc. (21.) Subject to any Ordinances made with respect thereto, the Lieutenant Governor in Council may close up any road allowance or trail which has been transferred to the Territories or vary its direction, and may open and establish any new highway instead thereof, and may deal with the land in any road allowance, public travelled road or trail so closed as he sees fit. 60-61 Vic. c. 28, s. 20. (2.) Notwithstanding section six of chapter fifteen of the statutes of 1892 any action heretofore taken by the Lieu- tenant Governor in the manner provided in subsection one of this section with respect to roads or trails, with the con- sent of the G-overnor in Council, but without the concur- rence of the Assembly of the North- "West Territories, is hereby declared to have been and to be valid. 5Y-58 Yic, c. 17, s. 21 (2). Survey of new rpads. (21.) The Lieutenant Governor in Council may cause to be surveyed and marked on rthe ground such roads or trails as are from time to time deemed necessary to aid in the development of any district which cannot be served by existing road allowances or by old trails mentioned in the section substituted for section one hundred and eight of the said Act by section nineteen of this Act. (2 ) Such roads shall be laid out one chain or sixty-six feet in width ; and in making the survey the manual of instructions mentioned in the said section shall be followed and one copy of the returns of such survey shall be filed in the Land Titles Office for the district within which such trail is situated and a second copy in the offices of the North-West Government at Eegina. 60-61 Vic, c. 28, s. 21. GENERAL PROVISIONS. Provision when there are no such officers as are designated in Act of Parliament. English and French anguages. 109. Whenever in any Act of the Parliament of Canada in force in the Territories any officer is designated for car- rying on any duty therein mentioned and there is no such officer in the Territories, the Lieutenant Governor in Coun- cil 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 lawful in the premises ; or if it is in any such Act ordered that any document or thing shall be transmitted to any officer, court, Territorial division or place, and there is then in the Terri- tories no such officer, court or Territorial division or place, 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. no. Either the English or the French language may be used by any person in the debates of the Legislative Assembly of the Territories and in the proceedings before NORTH-WEST TEEKITOBIES ACT liii the courts ; and both those languages shall be used in the records and journals of such Assembly ; and all Ordinances made under this Act shall be printed in both those languages : Provided, however, that after the next general election of proviso, the Legislative Assembly, such Assembly may, by Ordi- ?™ceedings nance or otherwise, regulate its proceedings and the manner '° ^^'^"' ^' of recording and publishing the same ; and the regulations so made shall be embodied in a proclamation which shall be forthwith made and published by the Lieutenant Governor in conformity with the law, and thereafter shall have full force and effect 54-55 Vic, c. 22, s. 18 111* Any copy of any proclamation or order made by the Certain Grovernor in Council, or Ordinance, proclamation or order oUaws, etoT^ made by the Lieutenant Grovernor in Council, or by the to be evidence. Lieutenant Grovernor by and with the advice and consent of the Legislative Assembly of the North-West Territories, as the case may be, printed in the Canada Gazette, or pur- porting to be printed by the Queen's Printer for Canada, or by the printer to the Government of Manitoba at "Winnipeg, or by the printer to the Government of the North-West Ter- ritories, shall be prima facie evidence of such proclamation or order, and of the fact that it is in force. APPLICATION OF ACTS TO TERHITOKIES. 112. Every Act of the Parliament of Canada, except in Application so far as otherwise provided in any such Act, and except in Qj^^^"^^ °^ so far as the same is by its terms applicable only to one or more of the Provinces of Canada, or in so far as any such Act is for any reason, inapplicable to the Territories, shall subject to the provisions of this Act apply and be in force in the Territories. (2) The Governor in Council may by proclamation from Governor in time to time direct that any Act of the Parliament of °tendAc?J Canada, or any part or parts thereof, or any one or more of to the the sections of any one or more of any such Acts not then Territories. in force in the Territories, shall be in force in the Territories generally or in any part or parts thereof mentioned in such proclamation. SCHEDULE. "Warrant- to Eetake Escaped Patient. Manitoba Lunatic Asylum {or as the. case may be.) To and all or any of the peace officers in the County {or as the case may be) of "Whereas, on the day of last past, being within one month from the date hereof, A.B., liv CONSOLIDATED OBDINANCES an insane person confined in the Manitoba Lunatic Asylum {or as the case may be), of which I. am superintendent {or warden), did escape from the said asylum {or as the case may be) : These are therefore to authorize and command you or any of you the said constables or peace officers in Her Majesty's name at any time within one month from the date of the said escape to retake the said A.B. and safely convey him to this asylum {or as the case may be) and deliver him into my charge. Given under my hand and seal this day of in the year at , in the county aforesaid. {Sis;nature.) [l.S.] Superintendent. Oath of Qhalification of a Justice of the Peace for THE North- West Territories. I, A.B , of in the North- West Territories, do swear that I truly and bona fide have to and for my own proper use and benefit an estate in fee simple in lands situate in the North-West Territories of such value as doth qualify me to act as a justice of the peace, according to the true intent and meaning of the statute in that behalf and that such lands are the following : — So help me G-od. Sworn {or affirmed) before me, ) at this dav > {Signature.) of A.D., 18 ' \ Oath of Office of a Justice of the Peace for the North-West Territories. I, A.B., of in the North-West Territories' do swear that I will well, and truly serve our Sovereign Lady Queen Victoria in the office of justice of the peace and will do right to all manner of people, after the laws and usages of these Territories, without fear or favour, affection or ill-will. So help me God. Sworn {or affirmed) before me, ) at this ( {Signature.) day of A,D 18 \ 5^58 Vic, c. 17 THE CONSOLIDATED ORDESTANCES OF THE YUKON TERRITORY 1902 Be it enactod by the Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, as follows : — l\J OP THE YUKON TERRITORY. TITLE I. PEELIMINAEY. CHAPTER 1. An Ordinance respecting the Form and. Interpretation of Ordinances. SHORT TITLE. 1. This Ordinance may be cited as Ordinance." N.W.T. c. 1, s. 1. The Interpretalion Short title. THE CONSOLIDATED ORDINANCES — CITATION. 2. This Ordinance and following series of Ordinances shall what constitute and may be cited for all purposes as " The Con- c°"s*ii^*! j solidated Ordinances of the Yukon Territory, 1902," and any Ordinances chapter of the said consolidated Ordinances may be cited •^i**''™ and referred to for all purposes whatever either by its title as an Ordinance or by its short title or by using the expres- sion " The Ordinance (or The Consolidated Ordinance) respect- " (adding the remainder of the title given at the 1— y. o. 2 Cap. 1 CONSOLIDATED ORDINANCES 0. O. beginning of the particular chapter) or by using the expres- sion " The Consolidated Ordinances " or " The Consolidated Ordinances of the Yukon Territory " together with a reier- ence to the number of the particular chapter in the copies printed by authority. JST.W.T. c. 1, s. 2. APPLICATION. Application of 3. This Ordinance and every provision thereof shall ex- this Ordinance ^^^^ ^^^ ^^^^^ ^^ ^^^^^ Ordinance of the Territory, now or hereafter passed except in so far as the provision is incon- sistent with the intent and object of such Ordinance or the interpretation which such provision would give to any word, expression or clause is inconsistent with the context and except in so far as any provision hereof is in any such Ordinance declared not applicable thereto ; and the omis- sion in any Ordinance of a declaration that The Interpreta- tion Ordinance applies thereto shall not be construed to pre- vent it so applying although such express declaration is in- serted in some' other Ordinance or Ordinances of the same session. NW.T. c. 1, s. 3. FORM OF ENACTING. Form of 4. The following words may be inserted in the preambles enacting ^f Ordinances and shall indicate the authority by virtue of c ause -^hich they are passed : " The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows. " N.W. T. c. 1, s. 4. Preamble and 5- After the insertion of the words aforesaid, which shall of Ordinance? foUow the Setting forth (if any) of the considerations or rea- sons upon which the law is grounded and which shall with these considerations or reasons constitute the entire pre- amble, the AJ^arious clauses of the Ordinance shall follow in a concise and enunciative form. N.W T. c. 1, s. 5. TIME OF COMMENCEMENT OF ORDINANCES. Indorsement ®- The Territorial Secretary shall indorse on every of assent Ordinance of the Territory, immediately after the title of such Ordinance, the day, month and year when the same was by the Commissioner assented to or reserved by him for the assent of the Grovernor General ; and in the latter case such Secretary shall also indorse theieon the day, month and year when the Commissioner has signified (either by speech or message to the Council or by proclamiation) that the same was laid before the Grovernor Greneral and that the Grovernor General was pleased to assent to the same ; 1902 INTERPRETATION Cap. 1 and such indorsement shall be taken to be a part of such Ordinance ; and the date of such assent or signification (as the case may be) shall be the date of the commencement of the Ordinance if no later commencement is therein pro- vided. N.W.T. c. 1, s. 6. AMENDMENT OR REPEAL. '3' Any Ordinance of the Territory may be amended, al- Amendment of law in same sion. N.W.T. c. l,"s. 7 tered or repealed by any Ordinance passed in the same ses- session INTERPRETATION. S. In every Ordinance unless the context otherwise re- interpretation quires — 1. The law shall be considered as always speaking ; and Law always whenever any matter or thing is expressed in the present ^P^^^mg tense the same shall be applied to the circumstances as they arise so that efiect may be given to each Ordinance and every part thereof according to its spirit, true intent and meaning ; 2. The expression " shall " shall be construed as imper- "Shaii" ative, and the expression " may " as permissive ; "May" 3. Whenever the expression " herein " is used in any sec- "Herein' tion of an Ordinance it shall be understood to relate to the whole Ordinance and not to that section only ; 4 The expression "His Majesty," the "King," or " the The Sovereign Crown," means His Majesty, his Heirs and Successors, Sove- reigns of the United Kingdom of Great Britain and Ire- land and of the British Dominions beyond the seas ; 5. The expression "Commissioner" means the Commis- '; Commis- sioner for the time being or other chief executive officer or ^^o"*"^" administrator for the time being carrying on the govern- ment of the Territory by whatever title he is designated ; 6. The expression " Commissioner in Council " means the "Commis- Commissioner or person administering the government of counoii"" the Territory for the time being acting by and with the advice of or by and with the advice and consent of or in conjunction with the Council of the said Territory ; 7. The expression '' Grovernment," " G-overnment of the "Govem- Territory " or " Yukon G-overnment " used in any Ordinance ™^"' whenever enacted means His Majesty the King acting for the Territory ; 8. The expression "the United Kingdom" means the "United United Kingdom of Great Britain and Ireland ; Kmgdom" 9. The expression "the United States " means the United ''U"i*f,<^ _, , , PA • States States 01 America ; 10. The expression " Territory " means the Yukon Terri- " Territory " tory as defined by The Yukon Territory Act. IJ— Y. O. Cap. 1 CONSOLIDATED ORDINANCES c. o. Name of country, place, oflBoer, etc. " Procla- mation " Acts by proclamation Number and gender " Person " "Writing' ' Now " 'Next' ' Month " •Year" Holiday " " Gazette '■ Time expiring on holiday. Standard time 11. The name commonly applied to any country, place, body, corporation, society, officer, functionary, person, party or thing means such country, place, body, corporation, society, officer, functionary, person, party or thing, although such name is not the formal and extended designation thereof; 12. The expression " proclamation" means a proclamation under the seal of the Territory ; 13. "When the Commissioner is authorized to do any act by proclamation such proclamation is to be understood to be a proclamation issued under an Order of the Commis- sioner, but it shall not be necessary to mention in the pro- clamation that it is issued under such Order ; 14. Words importing the singular number or the mascu- line gender only, include more persons, parties or things of the same kind than one and females as well as males and the converse ; 15. The expression "person " includes any body corporate and politic or party and the heirs, executors, administrators or other legal representatives of such person to whom, the context can apply according to law ; 16. The expression "writing," " written " or any term of like import includes words printed, painted, engraved, litho- graphed or otherwise traced or copied ; 1*7. The expression " now " or " next " shall be construed as having reference to the time when the Ordinance was assented to ; 18. The expression " month " means a calendar month ; and the expression " year " means a calendar year ; and the number of any year (unless the contrary is indicated) means " the year of oar Lord " without "the mention of " the year of our Lord." 19. The expression "holiday" includes Sunday, New Year's Day, Ash Wednesday, Good Friday, Easter Monday, the second Friday in May to be known as Arbour Day, Christmas Day, the birthday or the day fixed by proclama- tion for the celebration of the birthday of the reigning Sovereign, Dominion day, Labour day and such day as may in each year be proclaimed a public holiday tor the plant- ing of forest and other trees and any other day appointed by proclamation for a general fast or thanksgiving ; 20. The term " gazette " or " official gazette " means The Yukon Official Gazette ; 21. If the time limited by any Ordinance for any proceed- ing or the doing of anything under its provisions expires or falls upon a holiday, the time so limited shall be extend- ed to and such thing may be done on the day next follow- ing which is not a holiday ; 22. The local time of and at the one hundred and thirty- fifth meridian of longitude is hereby declared to be the standard time of the Yukon Territory ; and when any 1902 INTERPRETATION Cap. 1 Ordinance heretofore or hereafter passed refers to any par- ticular time of day such standard time shall be considered to be meant ; 23. The expression "felony" means any crime which before the passing of The Criminal Code 1892 would have been a felony under the law of Canada ; and " misde- meanour" means any crime or offence which before the passing of the said Code would have been a misdemea- nour under the said law ; 24. The expression " oath " includes a solemn affirmation or declaration whenever the context applies to any person and case by whom and in which a solemn affirmation or declara- tion may be made instead of an oath ; and in like cases the expression "sworn" includes the expression 'affirmed" or " declared " ; lis. Whenever (by any Ordinance or by any Order, regu- lation or commission made or issued by the Commissioner under any law authorizing him to require the taking of evidence under oath) an oath is authorized or directed to be made, taken or administered, such oath may be administered and a certificate of its having been made, taken or adminis- tered may be given by any one named in any such Ordi- nance, Order, regulation or commission, or by a judge of any court, a notary public, a justice of the peace or a com- missioner for taking affidavits having authority or jurisdic- tion within the place where the oath is administered ; 26. The expression "sureties" means sufficient sureties and the expression "security" means sufficient security; and whenever these words are used one person shall be sufficient therefor unless otherwise expressly required ; 27. The expression "magistrate" includes justice of the peace ; 28. The expression "justice " means a jiisticeof the peace and includes two or more justices if two or more justices act or have jurisdiction, and also any person having the power or authority of two or more justices of the peace ; 29. If anything is directed to be done by or before a magistrate or a justice of the peace or other public function- ary or officer, it shall be done by or before one whose juris- diction or powers extend to the place where such thing is to be done ; 30. Whenever power is given to any person, officer or functionary to do or to enforce the doing of any act or thing, all such powers shall be understood to be also given as are necessary to enable such person, officer or functionary to do or enforce the doing of such act or thing. 31. If in any Ordinance any person is directed to be im« prisoned or committed to prison, such imprisonment or committal shall (if no other place is mentioned or provided by law) be in or to the common gaol of the locality in which the order for such imprisonment is made, or if there "Felony" ' Oath ' ' Sworn " OfRcers to take oaths "Sureties" " Security' "Magistrate" "Justice " Official jurisdiction Implied powers Imprisonment Cap. 1 CONSOLIDATED ORDINANCES c. o. Public expenditure Appointment, removal, etc., of officials Successors and deputies of officials Officers retained during pleasure When majority may act Effect of incorporation Forms Repeal of by-laws, etc. is no common gaol there then in or to that common gaol which is nearest to such locality ; and the keeper of any such common gaol shall receive such person and safely keep and detain him in such common gaol under his custody until discharged in due course of law or bailed in cases in which bail may by law be taken ; 32. If any sum of the public money be by any Ordinance appropriated for any purpose or directed to be paid by the Commissioner or the Government, then (if no other pro- vision is made respecting it) such sum shall be payable under warrant of the Commissioner directed to the Treas- urer of the Territory out ol the general revenue fund of the Territory ; and all persons entrusted with the expenditure of any such sum or any part thereof shall account for the same in such manner and form with such vouchers at such periods and to such officers as the Commissioner directs. 33. Words authorizing the appointment of any public of- ficer or functionary or any deputy include the power of re- moving or suspending him, reappointing or reinstating him or appointing another in his stead in the discretion of the authority in whom the power of appointment is vested. 34. Words directing or empowering any public officer or functionary to do any act or thing or otherwise applying to him by his name of office include his successors in such office and his or their lawful deputy ; 35. All officers now appointed or hereafter appointed under the authority of an Ordinance (whether by commis- sion or otherwise) shall remain in office during pleasure only unless otherwise provided by law ; 36. When any act or thing is required to be done by more than two persons a majority of them may do it ; 37. Words making any association or number of persons a corporation or body politic and corporate shall vest in such corporation power to sue and be sued, contract and be con- tracted with by their corporate name ; to have a common seal and to alter or change the same at their pleasure; and to have perpetual succession ; and power to acquire and hold personal property or movables for the purposes for which the corporation is constituted and to alienate the same at pleasure ; and shall also vest in any majority of the members of the corporation the power to bind the others by their acts ; and shall exempt the individual members of the corporation from personal liability for its debts or obliga- tions or acts, provided they do not violate the provisions of the Ordinance incorporating them ; 38. Whenever forms are prescribed slight deviations therefrom not affecting the substance or calculated to mis- lead shall not vitiate them ; 39. Whenever power, to make by-laws, regulations, rules or orders is conferred it shall include the power from time to time to alter or revoke the same and make others ; 1902 INTERPEETATION Cap. 1 t 40. No provision or enactment in any Ordinance which Private is of the nature ol a private Ordinance shall affect the rights ordinances of any person or of any body politic, corporate or collegiate, such only excepted as are therein mentioned or, referred to ; 41. Every Ordinance shall be so construed as to reserve Power of to the Council the power of repealing or amending '■®p^*i it and of revoking, restricting or modifying any power, privilege or advantage thereby vested in or granted to anv person or party whenever such repeal, amendment, revoca- tion, restriction or modification is deemed by the Council to be required for the public good ; 42. The repeal of any Ordinance or part of an Ordinance Effect of shall not revive any Ordinance or provision of law repealed if^iTed by such Ordinance or part of an Ordinance or prevent the effect of any saving clause therein ; 43. The repeal or amendment of any Ordinance shall not Repeal no be deemed to be or to involve any declaration whatsoever tolaw^*^°" ^^ as to the previous state of the law ; previously 44. Whenever any Ordinance is repealed (wholly or in H-epeai : part) and other provisions are substituted and whenever of^revious™ any regulation is revoked and other provisions substituted officers, etc. all officers, persons, bodies politic or corporate acting under the old law or regulation shall continue to act as if ap- pointed under the new law or regulation until others are appointed in their stead ; and all proceedings taken under the old law or regulation shall be taken up and continued under the new law or regulation when not inconsistent therewith ; and all penalties and forfeitures may be re- covered and all proceedings had in relation to matters which have happened before the repeal or revocation in the same manner as if the law or regulation was still in force, pursuing the new provisions as far as they can be adapted to the old law or regulation ; 45. Whenever any Ordinance is repealed (wholly or in Repeal: part) and other provisions are substituted all by-laws, TOntf^ed^''''' orders, regulations and rules made under the repealed Ordinance shall continue good and valid in so far as they are not inconsistent with the substituted Ordinance, enact- ment or provision until they are annulled or others made in their stead ; 46. Whenever any Ordinance or part of an Ordinance is Repeal; repealed and other provisions are substituted by way of ^^^^w"^'" amendment, revision or consolidation, any reference in any unrepealed Ordinance (or in any rule, order or regulation made thereunder) to such repealed Ordinance or enactment shall, as regards any subsequent transaction, matter or thing be held and construed to be a reference to the provisions of the substituted Ordinance or enactment relating to the same subject matter as such repealed Ordinance or enact- ment : Cap. I CONSOLIDATED ORDINANCES 0. o. Repeal : 'J Existing] rights ;* reserved! Enforcement of Ordinances Application] of fines, etc. Recovery of penalties in unprovided oases Repeal : Penalties and forfeitures not affected Provided always that where there is no provision in the substituted Ordinance or enactment relating to the same subject matter, the repealed Ordinance or enactment shall stand good and be read and construed as unrepealed in so far (but in so far only) as is necessary to support, maintain or give effect to such unrepealed Ordinance or such rule, order or regulation made thereunder ; 41. The repeal of an Ordinance or the revocation of a regulation at any time shall not affect any act done or any right or right of action existing, accruing, accrued or estab- lished or any proceedings commenced in a civil cause before the time when such repeal or revocation takes effect ; but the proceedings in such case shall be conformable when necessary to the repealing Ordinance or regulation; 48 Unless otherwise therein specially provided, proceed- ings for the imposition of punishment by fine, penalty or imprisonment for enforcing any Territorial Ordinance or municipal by-law may be brought summarily before a justice of the peace under the provisions of part LVIII of The Criminal Code 1892 ; and the words " on summary con- viction " whenever they occur in any Ordinance shall refer to and mean under and by virtue of part LVIII aforesaid ; 49. Any duty, penalty, fine or sum of money or the pro- ceeds of any forfeiture under any law of the Territory shall (if no other provision is made respecting it) belong to the Crown for the public uses of the Territory and form part of the general revenue fund of the Territory ; 50. Where a pecuniary penalty or a forfeiture is imposed for the contravention of any Ordinance then (if the provisions of part LVIII of the Criminal Code 1892 are not applicable to the case and if no other mode is prescribed for the recovery of such penalty or forfeiture or if the mode prescribed is not applicable to the case) the penalty or forfeiture shall be recoverable with costs by civil action or proceeding at the suit of the Legal Adviser or of a private party suing as well for the Crown as himself in the Territorial Court ; if no other provision is made for the appropriation of the penalty or forfeiture one-half thereof shall belong to the Govern- ment of the Territory and the other half shall belong to the priv^ate plaintiff if there is any, and if there is none the whole shall belong to the Crown ; 51. No offence committed and no penalty or forfeiture incurred and no proceeding pending under any Ordinance at any time repealed or under any regulation at any time revoked shall be affected by the repeal or revocation, except that the proceeding shall be conformable when necessary to the repealing Ordinance or regulation ; and whenever any penalty, forfeiture or punishment is mitigated by any of the provisions of the repealing Ordinance or regulation, such provisions shall be extended and applied to any judg- ment to be pronounced after such repeal or revocation ; 1902 INTEHPKETATION Cap. 1 9 52. Every Ordinance shall (unless by express provision Ordinances it is declared to be a private Ordinance) be deemed to be a '''^'''''' public Ordinance and shall be judicially noticed by all Judicial judges, justices of the peace and others ; °°'''^'^ 53. Every copy of any Ordinance (public or prirate) Printed copies printed by authority of law shall be evidence of such °^ Ordinances Ordinance and of its contents : and every copy purporting to be so printed shall be deemed to be so printed unless the contrary is shown ; 54. A copy of any regulation or Order of the Commis- Evidence of sioner printed by the Yukon Official Gazette or a written cound/" copy thereof attested by the signature of the Territorial Secretary shall be evidence of such regulation or Order. 55. The preamble of every Ordinance shall be deemed a Conatruction ,1 j>-iTTi ± ■ i'.- l_^ ^ lOf Ordinances part thereof intended to assist m explaining the purport and object of the Ordinance ; and every Ordinance and every provision or enactment thereof shall be deemed remedial (whether its immediate purport is to direct the doing of any thing which the Council deems to be for the public good or to prevent or punish the doing of any thing which it deems contrary to the public good) and shall accordingly receive such fair, large and liberal construction and interpretation as will best insure the attainment of the object of the Ordin- ance and of such provision or enactment according to its true intent, meaning and spirit ; 5d Where reference is made in any Ordinance by number Reference to to two or m.ore sections, subsections, clauses or paragraphs sections of any Ordinance or Statute, the" number first mentioned and the number last mentioned shall both be deemed to be included in the reference ; 51. Reference by number to any section, subsection, para- Reference graph, clause or line of any other Ordinance shall be deemed ^^ number. to be a reference to such section, subsection,paragraph, clause or line of such other Ordinance as printed by authority of law ; 58. Where an Ordinance is not to come into operation Proceedings immediately on the passing thereof and confers power to Ordinance hold any election, to make any appointment, to make, grant preliminary to or issue any instrument, Order in Council, order, warrant, {°™°^ ™*° scheme, letters patent, rules, regulations or by-laws, to give notices, to prescribe forms or to do any other thing for the pur- poses of the Ordinance, that power may (unless the contrary intention appears) be exercised at any time after the passing of the Ordinance so far as may be necessary or expedient for the purpose of bringing the Ordinance into operation at the date of the commencement thereof, subject to this restriction that any such instrument. Order in Council, order, warrant, scheme, letters patent, rules, regulations or by-laws shall not (unless a contrary intention appears in the Ordinance or the contrary is necessary for bringing the Ordinance into operation) come into operation until the Ordinance comes into operation ; 10 Cap. 1 CONSOLIDATED ORDINANCES 0. 0. General rules 59. Nothing in this section shall exclude the application tion°°^*™° to any Ordinance of any rule of construction applicable thereto and not inconsistent with this section. N. "W". T. c. 1, s CUSTODY OF ORDINANCES. Ordinance.? to *>• All Ordinances heretofore passed, now passed and here- beof record after to be passpd shall be and continue to remain of record in the custody of the Territorial Secretary. N. "W. T. c. 1, s. 9. CERTIFIED COPIES OP ORDINANCES. Authenti- cation of copies lO. The Territorial Secretary shall affix the seal of the Territory to certified copies of all Ordinances intended for transmission to the Secretary of State or required to be pro- duced before courts of justice and in any other case which the Commissioner directs ; and such copies so certified shall be held to be duplicate originals and also to be evid- ence (as if printed by lawful authority) of such Ordinances and of their contents N. W. T. c. 1, s. 10. Certified copies Certificate 11. The Territorial Secretary shall furnish a certified copy of any Ordinance to any person applying for the same upon receiving from such person such fee (not exceeding ten cents for every hundred words) as the Commissioner from time to time directs. N. W. T. c. 1, s. 11. 12. The Territorial Secretary shall insert at the foot of every such copy so required to be certified a written certifi- cate duly signed and authenticated by him to the efiect that Disallowance it is a truc copy ; and, in case of any Ordinance disallowed after it came into force, " but disallowed by the Governor General in Council, which disallowance took effect on the day of A.D. 19 ." N. W. T. c. 1, 12. s. CONSTRUCTION OP THIS ORDINANCE. Interpre- tation hereof 13. The provisions of this Ordinance shall apply to the construction thereof and to the words and expressions used therein. N. W. T. c. 1, s. 14. 1902 YUKON COUNCIL Cap. 2 11 TITLE II. LEGISLATURE AND GENEEAL GOVEENMENT. CHAPTER 2. An Ordinance respecting the Council of the Yukon Territory. COUNCIIi. 1. The elected members of the Yukon Council shall be Yukon coun- elected to represent the electoral districts set forth in Sche- °''- dule 1 appended to this Ordinance. No. 28 of 1902, s. 1. '^VACATING OF SEATS. 2. Any elected member of the Yukon Council may Resignation vacate his seat therein in the manner herein provided: of members. (1) He may openly in his place in Council declare his in House. "wish to'^acate his seat as a Member ; and in such case the Territorial Secretary shall record the same in the journals and the seat of such Member shall forthwith be vacated ; or, (2) He may deliver to the Commissioner of the Yukon Tooommis- Territory a statement in writing under his hand, attested ^loner. by two witnesses, declaring his resignation of such seat ; upon receipt whereof by the Commissioner (whether dur- ing a session of the Council or not) the seat of such Mem- ber shall become vacant. No. 28 of 1902, s. 2. 3. Upon any vacancy in the representation of any elec- Vaoanoyother toral district created by death or in any way other than by *„^"-q^ '''*^'" resignation, any two members of the Council may give notice of the vacancy to the Commissioner. No. 28 of 1902, 8. 3. 4. The Commissioner upon receiving notice of the resig- issue of writ nation or death of any Member of the Council shall fix the t°fiii vacancy. 12 Cap. 2 CONSOLIDATED OBDINAKCES 0. 0. date for the election of a Member to fill such vacancy, appoint a returning officer and direct the Territorial Secretary to issue a writ under his hand and the seal of the Territory to such Eeturning Officer requiring him to hold such election. No. 28 of 1902, s. 4. Resignation not iulowed pending elec- tion petition. Resignation not to affect proceedings. 5. No Member elected to the Council shall be permitted to resign under the provisions of this Ordinance so long as any proceedings are pending under any of the provisions of the Ordinance respecting elections nor until he lias been finally declared elected. No. 28 of 1902, s. 5. 6. The resignation of a Member shall in no way affect the conduct or result of any proceedings taken under the provisions of any Ordinance of the Territory respecting controverted elections. No 28 of 1902, s. 6. INDEMNITY TO MEMBERS. Member's indemnity. 7. The Commissioner shall pay to each elected Member an allowance of one thousand two hundred dollars for each year of service after election. Provided always, that a deduction at the rate of twenty- five dollars per day shall be made from such allowance for every day on which a representative does not attend a sitting of the Council, if the Council sits on such a day, or of a committee of such Council, if such committee sits on such dav and he is a member of such committee. No. 28 of 1902, s. 7. How paid. Travelling expenses. 8. Such allowance may be paid from time to time as the representative becomes entitled to the same to the extent of fifty dollars for each day's attendance as afore- said, but the remainder shall not be paid until the close of the year in respect of which the same is payable, when the final payment shall be made. No. 28 of 1902, s. 8. 9. There shall also be allowed to each member of the said Council his actual travelling expenses from his place of residence in attending sittings of the Council and of any such committee as aforesaid and returning to such resi- dence. No. 28, of 1902, s. 9. lO. The Council may by resolution waive any deduction ^^.„j ^ , ,. No. 28 of 1902, Council may . ._ ^™„^^*^ t. «<* Wve deduc- for nou-attendauce of any representative. s. 10. EXAMINATION OF WITNESSES. Attendance of H* The Council may at all times command and compel witnesses. the attendance before the Council or before any committee 1902 YUKON COUNCIL Cap. 2 13 thereof of sucli persons, papers and things as the Council or committee may deem necessary for any of its proceed- ings or deliberations. No. 28 of 1902, s. 11. : s war- 12. "Whenever the Council requires the attendance of clerk's .,„. any person before the said Council or before a committee '''*"* ™ s"^- thereof, the Clerk may issue his warrant directed to the ^'^"*' person named in the order of the Council requiring the attendance of such persons before the Council or a com- mittee thereof and the production of such papers and things as may be ordered. No. 28 of 1902, s 12. OATH TO WITNESSES. 13. Any standing or select committee of the Council may Examination require the facts, matters and things relating to the subject on oath. of inquiry to be verified or otherwise ascertained by the oral examination of witnesses and may examine such wit- nesses upon oath, and for that purpose the chairman or any other member of the committee may administer to any witness an oath or affirmation in the form A in the Sched- ule to this Ordinance. No. 28 of 1902, s. 13. SCHEDULE I. 1. The Electoral District of Dawson shall consist of all Dawson, that portion of the Yukon Territory commencing at the point of intersection of the eastern limit of the Yukon Ter- ritory with the watershed dividing the Peel River and tri- butaries from the Stewart EiA'^er and its tributaries ; thence westerly along said watershed to the head of the Klondike Eiver ; thence southerly and westerly along the centre of the main channel of the Klondike Eiver to its intersection with the main channel of the Yukon River ; thence up stream along the centre of the main channel of the Yukon River to its intersection with the main channel of the White River ; thence up stream along the centre of the main chan- nel of the White River to its intersection with Meridian 141 degrees west ; thence north along said meridian to the northern limit of the Territory ; thence easterly and south- erly along the northern and eastern limits of the Territory to the point of commencement, and such Electoral District shall return two members. 2. The Electoral District of Klondike shall consist of all Klondike. that portion of the Yukon Territory lying to the east of the main channel of the Yukon River and to the north of the watershed dividing the Pelly River and its tributaries from the Yukon River and its tributaries north of the Pelly River and not included in Electoral District No. 1 hereinbefore 14 Cap. 3 ' CONSOLIDATED ORDINANCES O. 0. described, and such electoral district shall return two members. White Horse. 3. The Electoral District of "White Horse shall consist of all those portions of the Yukon Territory not included in Electoral Districts Nos. 1 and 2 hereinbefore described, and such electoral district shall return one member. SCHEDULE II. Form A. The evidence you shall give upon this examination shall be the truth, the whole truth and nothing but the truth. So help you, (xod. Form B. You do solemnly, sincerely and truthfully affirm that the evidence you shall give on this examination shall be the truth, the whole truth and nothing but the truth. No. 28 of 1902. 1902 ELKCTiONS Cap. 3 15 CHAPTER 3. An Ordinance respecting Elections. ISSUE OF WRIT. !• Every writ for the election of a member of the Yukon Writ, date of Council shall be dated and shall be returnable on such day i^™«*" (c.) The day, hour and place at which the votes will be counted and the return declared. No. 33 of 1900, s. 18. 19. The returning officer shall also cause to be posted information up near to the aforesaid election notice copies of form " H " *° ^'^<='°''^- in said Schedule 1, containing information to electors. No. 33 of 1900, s. 19. 20. Where a poll has been granted the returning officer Ballots to be shall forthwith cause to be printed such a number of ballot p™*^''- papers as will be sufficient for the purposes of the election and the number necessary for each polling place shall be bound or stitched in a book of convenient size and in such a manner that the counterfoils shall continue bound or stitched when the ballot papers are detached therefrom. (2.) Every ballot paper shall contain the names of the what to candidates, arranged alphabetically in the order of their <=°n**'"- surnames, or if there are two' or more candidates with the same surname, of their christian names, and the ballot papers may be in the form " H " given in said schedule 1. No. 33, of 1900, s. 20. 21. In addition to the ballot papers hereinbefore referred Tendered to, the returning officer shall cause to be printed such a "^^^^"^ p^p^''*' ■ number of other ballot papers — hereinafter called " tendered ballot papers " — to be used in the manner hereinafter di- rected, as will be sufficient for the purposes of the election. 22. The tendered ballot papers shall be in the same form Colour of as the ballot papers hereinbefore referred to, but shall be of bTiiorpapers. a different colour; and upon the back of every tendered ballot paper, and upon the face of the counterfoil attached thereto shall be printed the words, " Tendered Ballot Paper." No. 33 of 1900, s. 22. DEPUTY BETURNING OFFICER. 23. For the purpose of taking the votes at an election, ^fPjPf™*™®"* the returning officer shall by writing over his signature retuXng appoint a deputy returning officer for each polling place officer. and shall thereby require the deputy returning officer to open and hold the poll in such division at the time and place fixed in the election notice, and according to the provisions of this Ordinance. (2.) Every deputy returning officer shall, before acting as Oath of such, take and subscribe before the returning officer, or any ^turamg person authorized to administer oaths within the Territory, officer. the oath in form " J " in said schedule 1. (3.) The returning officer shall, upon request, furnish tobe°{^;^*^- each candidate, or his agent, with a list of the deputy re- 22 Cap. 3 CONSOLIDATED ORDINANCES C. 0. warded candi- tuming officers throughout the District. No. 33 of 1900, s. ^o. Election materials to be supplied deputy returning officers. Transmission of material. Provision if not received at opening of poll. 24. The returning officer shall cause to be supplied to each deputy returning officer, at least one day before polling day, the books, ballots, ballot boxes, pencils, and other material necessary under this Ordinance to the taking of a poll, and shall take the receipt of the deputy returning officer therefor. (2.) The articles above mentioned may be sent by special messenger, who shall act for the returning officer and for whose actions the returning officer shall be responsible, as though said actions were performed by himself. (3.) In case any of the copies of proclamation, notices, statements or other forms or articles (such as poll books, ballots, ballot boxes, envelopes, pencils, or other materials required under the provisions of this Ordinance) are not available, or are likely not to be available for use at the time and place required by this Ordinance, it shall be the duty of the returning officer, election clerk, deputy return- ing officer or poll clerk (as the case may be) to provide such copy of the necessary proclamations, notices, statements or other forms or articles (such as poll books, ballot boxes, bal- lots, envelopes, pencils or other material) as may be re- quired at the time and place in which he is required to act under the provisions of this Ordinance, as nearly as may be according to the directions given in this Ordinance. No. 33 of 1900, s. 24. dutieflnd ^^* '^^^ deputy returning officer shall, before the' hour oath?^ *" for opening the polls on the election day, appoint,«over his signature, a poll clerk to assist him in taking the votes, or to act in his stead if necessary, with all the powers and liabilities of the deputy returning officer, who, before acting as such, shall take the oath in form " K " in said schedule 1, before the deputy returning officer, the returning officer, or any person authorized to administer oaths within the Territory. D.R.O. and (2.) Each deputy returning officer and poll clerk ap- ^nsSs.^ pointed under this Ordinance shall be a constable during the day of polling. No. 33 of 1900, s 2o. Place for polling. Proceedings at opening of poll. 26- The deputy returning officer shall prepare a polling pla,ce suitable for the purposes of this Ordinance within the building mentioned in the proclamation ot the returning officer, if that is practicable and if not, then as near thereto as may be ; and shall truly inform any elector, in- quiring of him, the locality of such polling place. No. 33, of 1900, s. -26. 2'7- The deputy returning officer, or his poll clerk shall, withm hve ininutes before the time appointed for opening 1902 ELECTIONS Cap. 3 23 the poll, publicly and audibly announce the time of day, and shall show the ballot box to the candidates, their agents Ballot boxes or scrutineers, or, in their absence, to any electors present ;°spected and who may claim to act for any of the candidates, so that sealed. they may see that it is empty ; and he shall then in their pre.sence lock the box and place his seal upon it in such a manner as to prevent its being opened without breaking the seal ; and shall allow the persons permitted hereunder to remain in the outer room of the polling place to affix their seals ; and he shall then place the box in view of all those present, and shall keep it locked and sealed. (2.) After locking and sealing the ballot box, he shall Objections to then, in the presence of the candidates, their agents or poUbo^ok. '" scrutineers, or in their absence, in presence of any electors present, who claim to act for any of the candidates, enter in the poll book any objections made to the hour of opening, or to the place of polling, or to the arrangements of the polling place, demanded to be entered either by a candi- date, or his agent, or by any elector. No. 33 of 1900, s. 27. POLLING PLACE. inner rooms. 28. The polling place shall have an outer room suitable Outer and for the accommodation of the persons or things required for """' "" taking the vote under this Ordinance, and opening there- from, an inner room in which the voter may mark his ballot, screened from all observation. Provided, that where Division of it is difficult or impossible to secure two rooms, as required, screen.^ a single room divided by a screen or curtain, so that the interior of the two parts shall be completely hidden from each other, shall be sufficient. No 38 of 1900, s. 28. 29. In the outer room shall be kept the poll book and Poll book and , n , 1 ballot box to ballot box. be kept in (2.) The poll book shall be open to inspection on demand, outer room by any caiididate, agent, or scrutineer, for a reasonable time, poiTbook" ° for the purpose of checking an entry. (3 ) The ballot box shall be kepit in a conspicuous position during the voting so that the scrutineers may see the ballots as they are dropped in ; and it shall not, during such vot- ing, be touched by any person, except the deputy return- ^°^ji'i'9" °^ ing officer, or poll clerk acting for him, and only touched by him in such manner that the candidates, their scruti- neers or agents, can observe it if present. No. 33 of 1900, s. 29. SO. Except as hereinafter provided, no person shall have Persons who access to the inner room but the voter who is engaged "icLstolnner in marking his ballot. No. 33 of 1900, s. 30. room. inner room. 31. In the said inner room of the polling place there P°"^*«^_^^^* shall be a table suitable for use in marking ballots ; there shall be posted on the walls a copy of the information to 24 Cap. 3 CONSOLIDATED ORDINANCES C. O. electors provided in form " H " in said schedule 1, and a copy of the election notice provided in section 18 of this Ordinance. No. 33 of 1900, s. 31. AGENTS AND SCRUTINEERS. ^ndidate at '^^' ^very Candidate shall be entitled to be represented polling place, at each polling place by an agent who shall produce to the deputy returning otBcer his appointment as agent signed by the candidate, or in case of his absence from the Terri- tory, by two of the electors nominating such candidate, which shall be filed by the deputy returning officer. rf^scratineers. (2-) The agent so appointed shall have the right to appoint, over his signature, one or more, but not exceeding two, scrutineers on behalf of his principal. No. 33 of 1901, s. 32. may remain°m ^^* Ii^ addition to the deputy returning officer and his outer room of poll clerk, cach Candidate, his agent and one of his scruti- po mg p ace. jjggj.g^ ^j. ^^ ^j^g absence of the agent, the two scrutineers, an interpreter, if one is required, during the time for which his services are required and no longer, a p6ace officer, if his services are required, and not otherwise, and the voter actually engaged in voting, and no others, shall be per- mitted to remain in the outer room of the polling place. No. 33 of moo, s. 33. 31- An elector may vote at any polling place ; but no elector shall vote at more than one polling place. No. 33 of 1900, s. 33. VOTING. wh°erf elector *^" When a person claiming to be entitled to vote, pre- presenta him- sents himself for the purpose of voting, the deputy return- self to vote, jjjg officer -shall, without unnecessary delay, cause him to be admitted to the outer room of the polling "place, and shall further proceed as follows : (1.) He shall ask from the person desirous of voting : (a.) His full name, (b.) His occupation, (c.) His place of residence; and shall, (2.) Cause the answers, which must be made in a voice audible to the scrutineers in the polling place, unless the person is dumb, to be entered in their proper places in the poll book, which shall be kept in form " L " in said sche- dule 1. (3.) The name of each voter or person tendering a vote shall be numbered consecutively. No. 33 of 1900, s. 35. Voter^to take 36. Every voter shall, before receiving a ballot paper, take and subscribe the oath of qualification set forth in form " M " in said schedule 1. No. 33 of 1900, s. 36. Where elector may vote. 1902 ELECTIONS Cap. 3 25 37. The deputy returning officer shall also, on the voter may be request of a scrutineer, or person acting as such, require toke'oa'th°N. any person tendering a vote to take and subscribe the oath contained in form" N " in said schedule 1 after it has been read to him in an audible voice. No. 33 of 1900, s. 37. 38. All oaths taken and subscribed under sections 36 Oaths to be and SI shall be filed by the deputy returning officer, who ^led^with d. is hereby authorized to administer the same. No. 33 of 1900, s. 38. 39» If a person who desires to vote refuses or fails to take Refusal to and subscribe either of the oaths aforesaid when required '^^^ ™'''- to do so, tlje poll clerk shall write after the entry of his name and place of residence in the poll book, the words, " Refused oath Form M " — designating the oath refused by him — and the name of the person at whose request he was required to take such oath, and the person so refusing or failing to take such oath shall at once leave the polling place and not enter it again, and shall not be allowed to vote at that polling place. No. 33 of 1900, s. 39. 40. If the person required to subscribe is unable to sign signature by his name, he shall make his mark which shall be certified ™^^'^^ ■"*"■ by the signature of the deputy returning officer. No. 33 of 1900, s. 40. 41. If the person desiring to vote is unable to under- interpreter stand the English language, or to swear to the oath form ^^i^yg^ " M " in said schedule 1, the deputy returning officer shall enter a remark to that effect opposite, his name in the poll book, and shall allow him to retire from the polling place until a competent interpreter can be procured, who shall, after taking the oath provided in form " T " in said schedule before the deputy returning officer, interpret the proceed- ings to each voter in whose case he is employed. (2.) When an interpreter is employed, his name shall be Entry in poll enlfered in the poll book with the particulars of the case in ''°°''' which he acted, and any objections that may be made by any of the scrutineers or persons acting as such. No. 33 of 1900, s. 41. 42. "Where the proper entries respecting the person so initialling of claiming to vote have been made in the poll book in the ^}^^ ^ manner prescribed, the deputy returning officer shall sign his name or initials upon the back of the ballot paper and upon the counterfoil ; and he shall not put upon the said ballot paper any figure or mark other than his name or initials. (2.) The deputy returning officer shall, if required by any d. r. q. to candidate present or his agent, exhibit the name or initials ff'a^ed!"^^*' 26 Voter may decline to re- ceive ballot paper not initiated. No. to be written on counterfoil. D. R. 0. to explain mode of voting. Directions to voter. Cap. 3 CONSOIJDATED ORDINANCES c. o No one but voter allowed in inner compartment. signed by such deputy returning officer upon the back of the ballot paper before handling the ballot paper to the voter. (3.) Any person desiring to vote may decline to receive a ballot paper which has not the name or initials of the deputy returning officer signed upon it. (4.) The ballot paper shall be detached from the counter- foil and delivered to such person. No. 33 of 1900, s. 42. 43. The counterfoil shall be retained in the book by the deputy returning officer, who shall write or otherwise mark upon the counterfoil the number prefixed to the name of such person in the poll book. No. 33 of 1900, s. 43. 44. The deputy returning officer may, and upon request shall, either personally or through his clerk, explain to the person offering to vote as concisely as possible the mode of voting. No. 33 of 1900, s. 44. 45. Upon receiving from the deputy returning officer the ballot paper so prepared as aforesaid, the person receiving the same shall, forthwith, proceed into the compartment provided for the purpose, and shall then and therein mark his ballot paper in the manner mentioned in form " H " in said schedule 1, by placing a cross " X " on the right hand side opposite the name of the candidate or candidates not exceeding the number of candidates to be elected for whom he desires to vote, or at any other place within the division which contains the name of such caiididatfe or candidates ; and he shall then fold the ballot paper across so as to con- ceal the names of the candidates and the mark or marks upon the face of such paper and so as to expose the initials of the deputy returning officer, and leaving the compart- ment shall, without delay, and without showing the front to any one, or so displaying the ballot paper as to make known to any person the name of the candidate, or candi- dates for or against whom he has marked his vote, deliver the ballot paper so folded to the deputy returning officer, who shall, without unfolding the same, or in any way dis- closing the names of the candidates or the mark or marks made by the elector, verify his own initials and at once deposit the same in the ballot box in the presence of all persons entitled to be present, and then present in the poll- ing place ; and the voter shall forthwith leave the polling place. No. 33 of 1900, s. 45. 46. While the voter is in a balloting compartment for the purpose of marking his ballot paper, no other persen shall be allowed to enter the compartment or be in any position from which he can observe the mode in which the voter marks his ballot paper. No. 33 of 1900, s. 46. 1902 ELECTIONS Cap. 3 2*7 ■AT. No person who has received a ballot paper or ten- Ballot paper dered ballot paper from the deputy returning officer shall taken ont of take the same out of the polling place, and any person hav- polling place. ing so received a ballot paper, who leaves the polling place without first delivering the same to the deputy returning officer in the manner prescribed, shall thereby forfeit his right to vote, and the deputy returning officer shall make an entry in the poll book in the column for remarks to the effect that such person received a ballot paper but took the same out of the polling place or returned the same declin- ing to vote, as the case may be, and in the latter case the deputy returning officer shall immediately write the word " Declined " on the ballot paper and shall preserve it to be returned to the returning officer No. 33 of 1900, s. 47. 4?*. If a person representing himself to be a particular Person elector whose name already appears in the poll book as hav- u^*ir"°m^e°''' ing voted or as having refused to sign a statement, applies already voted. to vote, unless the deputy returning officer is aware that the person who already presented himself to vote in that name had a right to do so, and that the person now presenting himself to vote in the same name has also a right to do so, or if directed to do so by any candidate, agent or scrutineer, he shall require him to sign statement provided in form "M" of said schedule 1, and shall enter his name and resi- dence in the poll book, and shall give him a ballot paper as provided in section 42 and shall before receiv- ing from him his marked ballot paper, serve him with a notice in form " " of said schedule, and the deputy re- turning officer shall cause a similar notice to be served on the person who has previously voted or applied to vote in that name. No. 29 of 1902, s. 12. 49. When a person voting has taken and subscribed the Procedure. oath in form " M " in said schedule 1, the deputy returning officer shall, if so requested by any person acting as scruti- neer of any candidate, serve such person with a notice in the form " " in said schedule, to appear at a time and ^ place to be named in the notice to answer to a charge of having voted contrary to the provisions of this Ordinance ; and shall give such notice to the person or persons so re- quiring such notice to be served. (2) The said notice may be given on behalf of one or more candidates. (3.) The time appointed in such notice for such appear- ance shall not be less than two days after the polling day. (4.) After serving the notice provided in the preceding subsections, the deputy returning officer shall : (a.) Receive the ballot of the person desiring to vote ; (b.) Place it in an envelope ; (c.) Securely seal the envelope ; 28 Cap. 3 OONSOLl DATED ORDINANCES C. 0. (d.) "Write upon it the name and place of residence of the person and his number as it appears in the poll book, the name and number of the polling place and his own name in full ; and shall then, (e.) Deposit it in the ballot box. (5 ) The poll clerk shall enter in the poll book (in the next line below the particulars hereinbefore provided re- garding the voter)' a statement of : — (a.) His having been served with such notice ; (b.) The name of the person or persons at whose request the notice was served ; (c.) The name of the candidate or candidates on whose behalf he or they were acting ; and {d ) The place, day and hour when the person is required to appear. No. 33 of 1900, s. 49. Incapacitated person how to vote. 50. In case of an application by a person claiming to be entitled to vote who is incapacitated by blindness or other physical caiise, or by inability to read, from marking his ballot paper, the deputy returning officer shall in the plain view of tbe candidates or their agents or scrutineers (if present) cause the rote of such person to be marked on a ballot paper for the candidate or candidates directed by such person and shall cause the ballot paper to b,) placed in the ballot box ; and shall make a statement of the fact including the name of the candidate or candidates for whom the vote was cast opposite the voter's name on the poll book. No. 33 of 1900, s. 50. Ballot paper spoiled before used. 51. A person claiming to be entitled to vote who has in- advertently dealt with his ballot paper in such a way that it cannot conveniently be used as a ballot paper on deliver- ing to the deputy returning officer the ballot paper so inad- vertently dealt with and proving the fact of the inadver- tence to the satisfaction of the deputy returning officer shall be given another ballot paper in the place of the ballot paper so delivered up, and the deputy returning officer shall retain the spoiled ballot paper to be returned to the returning officer. No. 33 of 1900, s. 51. CLOSE OF THE POLL. Time of close of poll. Sealing of ballot box. 52. At the hour of five o'clock in the afternoon the deputy returning officer shall declare the poll closed and shall not allow any more votes to be polled, except the vote of the person who may be in some part of the act of voting at that hour (2.) Immediately after the last ballot, as above provided, has been placed in the ballot box the deputy returning officer shall fill up and securely seal the opening in the lid of the box through which the ballots were inserted. No. 33 of 1900, s. 52. 1902 iLECTiONS Cap. 3 29 COUNT BY DEPUTY RETURNING OFFICER. 53. Immediately after the closing of the poll the deputy Entry of retairning officer shall enter in a book a certificate that his °'^J^'=*'°"'- entries in the poll book are correct and shall also enter any objections that the candidates or their agents or scrutineers may desire to have entered as to the conduct of the poll or as to its hour of closing. (2.) The deputy returning officer shall then open the Opening ot ballot box and examine the ballot papers to ascertain if p^pers^"'' ^""^ they are the ballot papers which he supplied, and such examination shall be made and completed before opening any of the ballot papers. If the number of ballot papers in the box exceeds the number of persons who voted, he shall without opening the ballot papers, examine Ihe backs thereof, so far as it may be necessary to see his name and initials, and shall reject any papers not having thereon his name or initials. After such examination is completed to the extent necessary, he shall proceed to examine the ballot papers, or the ballot papers not rejected as the case may be, in order to count up the votes given for each can- didate. (3.) Every ballot paper which has not been supplied by What ballot the deputy returning officer or on which votes are given to be raunted.'° more than the number of candidates to be elected, or on which anything in addition to the initials or name of the deputy returning officer on the back is written or marked, by which the voter can be identified, shall be void and shall not be counted. (4.) The deputy returning officer shall make a note in Objections to the book of any objection made by a candidate, or by his ^oted'in°poU agent, or by any elector, present to any ballot paper found book. in the ballot box, and shall decide any question arising out of the objection, and the decision of the deputy returning officer shall be final, subject only to reversal on a recount or on petition questioning the election or return. (5.) Every objection to a ballot paper shall be numbered ^ '^jf^^j?"^ *^ and a corresponding number shall be placed on the back of the ballot paper, and shall be initialed by the deputy return- ing officer. (6.) The deputy returning officer shall indorse "Eejected" Rejected on every ballot paper which he may reject as invalid, and ''*"°* p^p^''^- shall indorse " Rejection objected to " if any objection be made to his decision. (T.) The deputy returning officer shall then count up the Yotes to be votes given for each candidate upon the ballot papers not °°"" rejected, and make up a written statement as set out in form " L," in said schedule 1, of the number of votes given to statement to each candidate and of the number of ballot papers rejected pou book!^ '" and not counted by him, and the number of those rejected shall be entered in said poll book under the several heads following : 30 Cap. 3 CONSOLIDATED ORDINANCES C. O. (a.) Number of papers rejected as wanting signature or initials of the deputy returning officer ; {b.) Number of papers rejected as voting for more than the number of candidates to be elected. (c.) Number of papers rejected as having a writing or mark by which A'oters could be identified. (d.) Number of papers rejected as unmarked or void for uncertainty ; And the said statement shall also show the total number of persons who have voted at such polling place, and shall forthwith be signed by the deputy returning officer and poll clerk and such of the candidates or their agents as may be present and desire to sign it. No. 33 of 1900, s. 53. Only two 54* No more than two agents or scrutineers for a can- agents to be dictate shall be entitled to be present at the same time at present. ^^^ counting of the votes. No. 33 of 1900, s. 54 D. R. o. to 55« Every deputy returning officer shall, at the close of si^gneertitkate ^}jg ^qH certify over his signature in the poll book in full inpo 00. .^Qj-^g j^g ijjjjigated inform "L" aforesaid, the total num- ber of person's who have voted at the polling place at which he has been appointed to preside. No. 33 of 1900, s. 55. I). R. o. to 56. At the close of the poll the deputy returning officer number of ou being requested to do so, shall deliver to each of the votes polled candidates or their agents, or in the absence of the can- to candidates, ^jj^^^gg qj. agents, to the electors present representing the candidates respectively, a certificate of the number of votes given for each candidate, and of the number of rejected ballot papers, and he shall also forthwith make out the ballot paper account in the form required by section 59 of this Ordinance. No. 33 of 1900, s. 56. D. R. o. to 57. Every deputy returning officer, at the completion of seal np ballots. ^-^^ counting of votes, after the close of the poll, shall, in the presence of the agents of the candidates make up into separate packets, sealed with his own seal, and the seals of such agents of the candidates as desire to affix their seals and marked upon the outside with the proper letter of the alphabet and a short statement of the contents of the packet, as in this section mentioned, the date of the day of the election, the name of the deputy returning officer, and the name and number of the polling place: (a.) The used ballot papers which have not been oKjccted to and have been counted. (6.) The ballot papers which have been objected to but which have been counted ; (c.) The rejected ballot papers ; (d.) The unused ballot papers and the counterfoils of the ballot papers ; 1902 ELECTIONS Cap. 3 31 (e.) The spoiled ballot papers ; (/.) The tendered ballot papers ; (g.) The ballot papers given to voters who afterwards returned the same declining to vote. (2.) After all the oaths have been taken and subscribed and all the entries made in the poll book as by this Ordin- ance required, the deputy returning officer shall in the presence of the candidates or their agents inclose the said poll book in a separate packet and write thereon the words " Poll Book," and also the date of the election, the name of the deputy returning officer and the name and number of the polling place. No. 33 of 1900, s. d1. 58- The deputy returning officer shall forthwith deliver d. r. o. to the packets personally to the returning ofiicer ; and if he be packets to unable to do so, owing to illness or other cause, he shall retmning deliver the packets to a person chosen by him for the pur- ° '^®'^' pose of delivering the same to the returning officer and shall mention on the outside of ihe cover of each of the packets the name of the person to whom the same had been so delivered^ and shall take a proper receipt therefor, and the person so chosen shall, after having delivered the said packet to such returning officer, make oath before him to the effect of form " Q" in said schedule 1. No. 33 of 1900, s. 58. 59. The poll book shall contain a statement made by the Poll book to deputy returning officer showing the number of ballot "°ent'" ''''*^' papers entrusted to him, and accounting for them under the heads of (1) counted; (2) rejected; (3) unused; (4) spoiled; (5) tendered ballot papers; (6) ballot papers given to voters who afterwards returned the same declining to vote ; and (7) ballot papers taken from the polling place ; which state- ment shall be made in form " li " in.said schedule 1, and in this Ordinance referred to as the " Ballot paper account." No. 38 of 1900, s. 59. CO. No returning officer or deputy returning officer shall Returning grant, make or enter into a scrutiny of the votes giv en at ^^^^ *^°' *° an election. No. 33 of 1900, s. 60. scrutiny. COURT OF REVISION. 61. At the time and place mentioned in the notice served D. R. o. and upon any voter as provided in section 49 of this Ordinance obieotion^^*'^ (which time shall be as soon as may be. and the place the building used as polling place, or other building as near the];eto as may be) the deputy returning officer sitting with a Justice of the Peace shall hear and dispose of any objec- tions to the right of any vote of which notice was given during the pollirig day, as provided in sections 48 and 49. 32 Cap. 3 CONSOLIDATED ORDINANCBS C. 0. Court of (2.) The deputy returning officer sitting with such Justice Revision. q£ ^j^g Peace as above provided shall constitute a Court of Revision vrithin the meaning of this Ordinance. No. 33 of 1900, s. 61 Powers of ©2. The Court of Revision shall, for the purposes set forth Revision. in the next preceding section, have all the powers of a Court of Record as to compelling the attendance of witnesses, and their examination, the production of books and documents, and the taking of evidence under oath at any sittings held by it, and such court shall have generally, for the purposes aforesaid all the powers of any Court of Record in the Terri- tory. No. 33 of 1900, s 62. Compelling 63. The Court of Revision or either of the members there- witaess."*'^ °^ of shall, on the application of any person who is supporting or opposing any objection, complaint or application which Production of is to be considered at the court or sittings hereinbefore documents, provided for, issue a summons in the form " S " in said sche- dule 1, directed to any person required by such applicant as a witness thereat, commanding such person to attend at such court or sittings and also commanding such person to bring any papers or articles in the possession or power of such person as may be required, and to give evidence at such court or sittings relating to any matter connected with any such objection, complaint or application ; and, in the event of such person not so attending after being served with such summons and paid or tendered his proper witness fees according to the scale allowed in tariff " A " in section 2 of said schedule, may, on due proof of the service of the svimmons and of the payment or tender of the proper wit- ness fees and on receiving from the person causing the wit- ness to be summoned the fees for committing and conveying such witness to prison, commit such witness to the com- mon jail or other lawful place of imprisonment for a term not exceeding one month, and the fees for such commitment and conveyance shall be the same as when a person is com- mitted to prison under a summary conviction. Deposit to (2) Before any summons is issued requiring the attend- pay witnesf auce of a witness at the Court of Revision the person desiring the attendance of such person shall furnish the deputy re- turning officer with such sum of money as will be sufficient to pay the fees of the said witness as provided in the said tariff. No. 33 of 1900, s. 63. Right of voter 64. The person whose right to have voted, if the subject to fees. q£ objection, shall not be paid witness fees until the court decides that he had a right to vote, and such witness fees shall be paid to the deputy returning officer at or before the opening of the Court of Revision by the person or persons at whose request the inquiry is held. No. 33 of 1900, s. 64. 1902 ELECTIONS Cap. 3 33 65* If the person whose right to vote is the subject of Default of inquiry fails to appear personally or by his agent according by^vote"'"^ to the notice received by him on polling day, his vote shall " ' be disallowed and he shall be liable for the costs of all wit- nesses summoned in respect of his base. No. 33 of 1900, s. 65. 66. If at any time the person or persons at whose request Withdrawal the inquiry as to the rightfulness of any vote is being held °* "o^^p'^'"*- notifies the deputy returning officer over his or their signa- tures that he or they wish the inquiry as to such vote to cease or in case the witness fees mentioned in section 63 of this Ordinance are not paid to the deputy returning officer as therein provided, the inquiry shall cease forthwith and such person or persons shall pay all fees of witnesses sum- moned by the Court of Revision and the expenses of sum- moning such witnesses up to the time at which he or they gave notice that the inquiry should cease, and such vote shall be allowed. No. 38 of 1900, s. 66. 67. Any of the parties to any such inquiry may appear May appear in before the Court of Revision in person or by agent. No. 33 agenT""^^^ of 1900, s. 6*7. 68. The question to be determined at any inquiry by the Questions to Court of Revision hereby constituted shall be whether any byCour"*"^ oath taken on polling day under the provisions of this Ordin- ance by the voter whose vote is the subject of the inquirv is false in whole or in part, and if false in part in what re- spect it is so false. (2.) If it is proved to the satisfaction of the Court that any When voter whose vote is the subject of inquiry has taken any pro*vS^f"*se. such oath which is false in whole or in part the vote of such voter shall be disallowed ; but if it be proved to the satis- faction of such Court that every such oath so taken by such voter is altogether true such vote shall be allowed. (3.) The decision of the Court shall be rendered in open Decision of court, and if the members of the court fail to agree it shall '^" ' be stated in open court. No. 33 of 1900, s. 68. Court. 69. "Whenever by reason of the absence of witnesses or Sittings may other reasonable cause, it is impossible to hold or to con- ^ adjourned. elude tjie inquiry on the day stated in the notice given on polling day, the Court of Revision shall cause the sitting to be adjourned from day to day until the inquiry is conclud- ed. Provided that the Court, in case the adjournment is asked for on the ground of the absence of material testi- mony, documentary or otherwise, must be satisfied that the person whose duty it was to procure such testimony has used reasonable diligence to do so. No. 33 of 1900, s. ^9, 3— Y.O. 34 Cap. 3 CONSOLIDATED ORDINANCES CO. Court to make return of decisions reached. Where Court fails to agree Returning Officer to render decision. Count by Returning Officer. TO. The Court shall forthwith, after concluding its labors, make a return of the decisions reached by it on the qualifi- cations of the several voters whose right to vote is the sub- ject of dispute ; and if any vote has been disallowed, it shall specify on what ground it has been disallowed ; that is, if it has been disallowed on the ground that any oath made by the voter is false, it shall specify in what respect ; if on the ground that any such oath is false in part, it shall specify in what particular it is so false, and the Court shall forward such return to the returning officer duly certified by both members of the Court of Revision, together with the poll books and statement pertaining to the election. (2) In case the members of the Court of Bevision fail to agree, the full copy of the evidence certified to by both members of the Court shall be forwarded with the return to the returning officer who shall render a decision. (3) As soon as may be after the arrival of the returns and at least one day before he commences to count the ballots, the returning officer shall render his decision regarding any ballot upon which the Court of Revision has failed to agree ; and shall in said decision, if he disallows the vote state, as in this section prescribed, on what ground he dis- allows it. No. 33 of 1900, s. 70. Court or Returning Officer may award costs. 71. The Court of Revision, or the returning officer when the decision is made by him, may award costs to or against any party to the application, which costs shall only be for witness fees and expenses of summoning witnesses accord- ing to the scale of fees in tarifi" "A" in section 2, in said schedule 1 ; and the said costs may be levied by the order of the said Court or the returning officer, as the case may be, by distress in the same manner as distress is leviable upon a warrant issued on a summary conviction. No. 33 of 1900, s. 11. Expenses of Court. 72. The expense of holding the Court of Revision shall be charged as a part of the general expenses of the election. No. 33 of 1900, s. 12. APPEALS. Examination '^^' -^^ soon as the returning officer has received from any rf returns of ' ^^^P^^ty returning officer the papers mentioned in section 70 Court"™^ ° of this Ordinance, he shall on demand permit their exami- nation by the several candidates or their agents, and shall furnish to each candidate or his agent a certified copy of any such document that they may demand. No. 33 of 1900, s. 73. Revision. Time for appeal. 74. Appeals against the decision of the Court of ReAnsion, or of the returning officer, rendered under said section 70 may be entered with the returning officer by any candidate costs. 1902 ELECTIONS Cap. 3 35 or his ageut or by any person whose vote has been disal- lowed at any time up to the hour of commencing the count of the votes by the returning officer, and such appeal shall be entered by notice in writing to the said returning officer ; Provided that no appeal shall be received by the return- Security for ing officer unless the sum of $25 is deposited with him as """''" security for the costs of the prosecution of such appeal. No. 33 of 1900, s. 74. COUNT BY RETURNING OFFICERS. 75- The returning officer shall have the custody of the. Custody of ballot box from the time it leaves the hands of the deputy ^ °' °^' returning officer, and shall be subject to the penalty pro- vided in section 121 of this Ordinance if it is opened by himself or any other person until the day and hour ap- pointed for the counting of the notes, or, in case the Court is adjourned under section 16, of this Ordinance until the day and hour of such adjournment. No. 33 of 1900, s. 75. 76- The returning officer at the place and on the day and Production of hour mentioned by him in his announcement on nomina- time ^fixed 'for tion day that a count would be held, shall appear and pro- count. duce the poll books, statement sheets of the deputy return- ing officers, statements of the Court of Revision showing the result of the objections made before them to the validity of any votes cast, and the ballot boxes of the several polling places. (2.) If all the returns have not been received from the Adjournment deputy returning officers on the day appointed, or if there °^ °°"'^'- is not one clear day between the day of receipt of the last return of the deputy returning officers, or between the date of the latest decision of the returning- officer under the pro- visions of said section 70, and the day appointed for the count, the returning officer may adjourn the court until a future day, and may again from time to time in the like case, adjourn from day to day until such returns are all in and until a time when one clear day has elapsed between the receipt of the last return of the deputy returning offi- cers, or the last decision of the returning officer under said section 70, whichever may have last happened. No. 33 of 1900, s. 76. 77. The returning officer shall be provided with a suit Record book. able book to be called a "record book " in which he shall enter the particulars required by this Ordinance to be kept on record. No. 33 of 1900, s. 77. TS. The returning officer, when the day and hour for Recount. counting the votes has arrived, whether according to his announcement on nomination day or in pursuance of any 3i— Y. o. 36 Cap. 3 CONSOLIDATED ORDINANCES CO. adjournment, shall then appear at the place designated and produce the proper books and material specified in section 16 of this Ordinance and shall begin with polling place Number 1 and shall note in his record book the number of ballots shown by the deputy returning officer's report of the polling places to have been cast ; and he shall then open the ballot box and count the number of ballots contained therein. No. 33 of 1900, s. 18. Discrepancy in number. Count (1) appealed ballots. (2) Illegal ballots not appealed. 79. If the number is not the same as that mentioned in the return of the deputy returning officer, he shall make a note of that fact. No. 33 of 1900, s. 79. SO. He shall then first count and keep separately those ballots regarding which an appeal has been finally entered, entering the names, numbers and full particulars in his record book. No. 33 of 1900, s. 80. 81. He shall then count and keep separately in a sealed package the ballots which the Court of Eevision has decided were illegally cast, which are not subject to appeal, making a full record of the same in his record book, and the said ballots, without being removed from their envelopes, shall be retained by the returning officer to be finally dealt with as hereinafter mentioned. No. 33 of 1900, s. 81. (3) Good S2. He shall then count, without examination, and place ballots. jjj g^-j^ open vessel the ballots which have been already counted by the deputy returning ofiicer, and shall enter the number in his record book. No. 33 of 1900, s. 82. (4) Spoiled ballots. (5) Ballots appealed and sustained. 83. He shall then count the spoiled ballots and enter the number in his record book ; and shall examine them and shall place such as he considers make apparent the intent of the voter, and have been properly initialed by the deputy returning officer, among the ballots already counted by the deputy returning ofiicer and shall enter the number in his record book ; and shall keep separately and place in a securely sealed package those which he considers do not make apparent the intent of the voter, or are not properly initialed, and shall enter the number in his record book. No. 33 of 1900, s. 83. 84. He shall then open the envelope containing the ballots whose validity has been sustained by the Court of Revision or by himself, and against which no appeal has been entered as provided in section *74 of this Ordinance ; and after opening each such ballot, without examination, and pla.cing it amongst the unobjected ballots, shall enter the facts in his record book. No. 33 of 1900, s. 84. 1902 ELECTIONS Cap, 3 SI So- The returning oflB.cer, after mixing the ballots so Count o£ that those put in last shall not be distinguishable, shall ''°''*^' proceed to open the ballots and count the number cast for each candidate. Mo. 33 of 1900, s. 85. SO. In case a ballot is so marked that it is difficult or Ballots that impossible to distinguish for which candidate or candi- markeT*''^ dates it was intended to be counted, it shall be placed with the ballots which do not make apparent the intent of the voter mentioned in section 83 of this Ordinance. No. 33 of 1900, s. 86. 87. When all the ballots contained in the ballot bos Announee- have been counted, the returning officer shall announce the results! result and shall record the same in his record book ; and shall proceed to seal up in separate parcels the counted bifi'^t^3a°°r°* ballots and the spoiled ballots ; and these parcels with the ballots still the subject of appeal shall be returned to the ballot box, which the returning officer shall seal so that it cannot be opened without breaking the seal ; and the candi- dates or their agents shall also be permitted to similarly affix their seals. No. 33 of 1900. s. 87.' 88. The returning officer shall then proceed similarly Continuation with the ballot box and returns of the second polling place, °^'=°""*- and so on until all the ballots cast in the electoral district have been disposed of as hereinbefore provided. No. 33 of 1900, s. 88. DECLARATION OF ELECT lOX. 8S>. The returning officer shall then declare elected the Declaration of candidate, or if there are more than one candidate to be polling" elected, the two candidates for whom the largest number of ballots have been counted, and shall deliver to all the candidates or to the agent of any candidate who may be present, if the candidate is not present, a written statement declaring the said candidate duly elected ; and such state- ment shall specify the number of ballots counted for each candidate, the number of spoiled ballots and the number still the subject of appeal. (2.) In case of a tie the returning officer shall give a cast- Procedure in ing vote, which shall be entered in his record book. No. '^^^^ °^ ''®" 33 of 1900, s.' 89. 90. The returning officer shall then : General duties (1.) Cause all the ballot boxes, poll books, record books ^^jf,^™"'''^ and statements made by the voters to be placed in the custody of the Clerk of the Territorial Court ; (2.) Hand over to the said clerk all moneys received by him as security for the costs in the prosecution of any 38 Cap. 3 CONSOLIDATED ORDINANCES CO Candidate deemed elected. appeals against the decisions of the Courts of Eevision or of himself. (3.) Notify the said clerk of any appeals that have been entered against any decision of the Courts of Eevision or of himself. (4.) Forward to the Territorial Secretary a certificate in v\''riting specifying the names of the candidate or candidates declared by him elected. (5.) The candidate or candidates so certified as elected shall be deemed to be duly elected until and unless a judge upon appeal or recount as hereinafter provided shall declare another or other candidates elected. No. 33 of 1900, s. 90. HEARING OF APPEALS. Appeals to judge. Inquiry by judge. Powers of judge. Clerk in attendance. J»l. The clerk of the Territorial Court being notified as provided in the next preceding section, shall forthwith, after being so notified, bring such notification before a judge of the court, and such judge shall thereupon appoint a con- venient time and place to hear such appeals and direct the clerk to give such notice to the persons interested in such appeals as be may direct and in such manner as he may direct, and the clerk shall give such notice accordingly. No. 33 of 1900, s 91. 92. The judge shall sit at the time and place so appointed and hold an inquiry into the validity of the votes cast regarding which appeals have been entered and shall hear such evidence as may be adduced ; and may affirm or reverse the decision of the Court of Eevision or of the return- ing officer, as the case may be, with respect to any such votes ; and shall render such judgment with respect to the validity of such votes as such Court or returning officers ought to have rendered. (2 ) The judge sitting in appeal shall be deemed a court and shall have and exercise all the powers and authorities by this Ordinance conferred upon the Court of Eevision. (3.) The clerk of the court shall attend at such sittings and shall administer oaths to the witnesses, and otherwise act as clerk of the court. No. 33 of 1900, s. 92. *>3- All subpoenas issued for the attendance of witnesses before such judge sitting in appeal shall be issued by the said clerk under the seal of the court and shall be deemed to be issued out of such court. (2.) Any witness being duly served with any such sub- sub^cfnl""^"^ pcena and being paid or tendered the fees and conduct money provided in tariff B in section 2 in said schedule 1, who fails without reasonable excuse to obey the behests of such subpoena shall be deemed to have committed a con- tempt of the Territorial Court. Subpcenas to be issued by clerk. Witness 1902 ELECTIONS Cap, 3 39 (3.) In case any such contempt is alleged to have been Attachment committed application may be made to a judge of tbe said wltnlS.'""'^ court sitting in chambers for a writ of attachment against the person alleged to be guilty of such contempt, and such application shall be founded upon such material as chamber applications in such court are usually founded upon ; whereupon such judge shall proceed on such application according to the chamber procedure in such court ; and if on the return of the chamber summons and hearing the parties and evidence adduced, the judge is of opinion that a contempt has been committed, he shall order an attachment to issue out of such court against the party offending ; and such attachment shall issue accordingly and the party shall be dealt with in the same way that he would be dealt with under and by virtue of any writ of attachment if sued out according to the practice of the court. (4.) If the judge is of opinion that no contempt has been Judgje may committed he shall dismiss the summons with or without ^o^g^^^'^'"" costs as he may direct ; and any costs that are awarded shall be the same as are awarded by the practice of the Costs. court on similar applications. No. 33 of 1900, s. 93. 94. The ballot boxes, poll books, record books, statement Election of voters, and all material or forms used at or in relation matmai to be IT 1 1 ■ 1 n 11 • I subject to to the polling place at which the vote appealed against was orderof judge, cast shall be subject to the order of the judge during the trial of the appeal. No. 33 of 1900, s. 94. i)5- The costs to be allowed in the case of such inquiry costs. shall be accordinglo "tariff B" in section 2 of said schedule 1, and shall be taxed by the clerk and shall be chargeable in the first place to the sum placed in the hands of the clerk by the returning officer ; Provided that the judge may instead (if the appeal is rroviso. sustained) order the costs or a portion thereof to be paid by the person whose vote is appealed against. No. 33 of 1900, s. 95. 96. "When the sum of $25 provided-for in section *74 of this Further Ordinance has been applied in costs the judge may from deposit. time to time require the deposit by the appellant of a further sum which shall be fixed by him according to the probable expenses of the case ; and if such deposit is not paid before continuing the proceedings the appeal may be dismissed with or without costs as the judge directs. (2.) If, at the conclusion of the appeal a part of the sum ^„y j,^^ ^^ ^ or sums deposited remains in the clerk's hands after all deposit orders against it have been paid it shall be returned to the S applai person depositing the same. No. 33 of 1900, s. 96. toberetumed. 40 Withdrawal of appeal. Costs. Cap. 3 CONSOLIDATED ORDINANCES CO. 97. If at any time the appellant notifies the judge over his signature of his desire to withdraw an appeal, the pro- ceedings in that appeal shall forthwith cease ; and the balance of the money deposited by the appellant after pay- ment of the costs of the court up to that time shall be returned to him ; and if there is not sufficient balance remaining to pay such costs the judge may in his discretion order the appellant to pay the deficiency to such party as he may by his order direct. No. 33 of 1900, s. 91. COUNT OF APPEALED VOTES BY JUDGES. Duty of judge after hearing Remove appealed ballots. Seal up unlaw- ful ballots. Open lawful ballots. Count of vote. Counted ballots. Continuation. Record of votes. Count of appealed ballots. Previous casting vote, if any, not to be counted in first count. »S. After the judge has concluded his inquiry as to all the appeals regarding the validity of votes cast which have been brought before him and rendered his decision, unless a recount has been demanded, he shall, — (1.) Open a ballot box containing ballots which have been the subject of appeal before him and remove such ballots only ; (2.) Seal up in an envelope the ballots which he has decided were unlawfully cast ; (3.) Open the envelopes con,taining the ballots which he has decided were lawfully cast, and taking out the ballots place them together in a vessel without examining them so that they may be mixed together and not distinguish- able one from the other ; (4.) Take such ballots out of such vessel ; open them and count the ballots which have been cast for each candidate, rejecting only such as do not make apparent the intent of the voter, which ballots so rejected he shall place in a sealed envelope ; (5.) Return the ballots which he has counted and the envelopes aforesaid to the ballot box and securely lock and seal the same ; (6.) Proceed similarly with each of the ballot boxes of the electoral district containing ballots which have been the subject of appeal ; (*7.) Eecord the number of ballots the objection to which he has sustained, the number cast for each candidate and the number rejected as not having made apparent the intent of the voter ; (8.) Add to the total vote received by each candidate according to the return made by the returning officers, the number of appealed ballots which he has decided have been cast for each candidate : Provided, that if a tie has occurred at the count by the returning officer and the returning officer has given a cast- ing vote, such vote shall not be counted unless a tie occurs again in the count by the judge, in which case the vote of the returning officer shall be counted for the candidate for whom it was cast : 1902 ELECTIONS Cap. 3 41 Provided further, that if a tie has not occurred at the Casting vote count by the returning officer, and does occur at the count 'eturmnl" ^^ by the judge the returning officer shall then forthwith give officer if a casting vote upon being requested to do so by the clerk ''^i"^^*^'^- at the instance of the judge ; (9.) Declare elected the candidate, or if there are two Declaration of candidates to be elected, the two candidates who have i^°'^- received the largest number of votes as shown by all the ballots counted by himself and by the returning officer ; and (10.) Certify in writing to the Territorial Secretary the Certify result names of the candidate or candidates declared elected by secretary.™^ him upon his count of appealed ballots as herein provided ; and upon such certificate being given, unless a recount is Declaration demanded, such declaration shall be final and conclusive to. all intents and purposes, subject to the provisions of " The Controverted Elections Ordinance." No. 33 of 1900, s. 98. 99- Any order made by a judge acting on appeal shall Enforcement be carried out and may be enforced as if it were an order "udge"^^" of the Territorial Court. No. 33 of 1900, s. 99. RECOUNT BY JUDGE. lOO. Upon any candidate or his agent placing in the Demand of hands of the returning officer the sum of flOO, with a ™*=°""'- demand in writing for a recount of the ballots cast in one or more polling divisions, any judge of the Territorial Court shall, after having disposed of any appeal regarding the validity of ballots that may come before him, on application made to him as hereinafter mentioned, hold a recount. (2.) No application for a recoudt shall be entertained sioo to be unless such application is accompanied by $100 as provided ^'^'°^' ^ in this section, and is made within fifteen days after the declaration of election by the returning officer if no appeals have been made from the decision of theCcourt ofEevision • or returning officer to the judge ; and if any such appeals , have been made then within thirty days after the judge has given his decision regarding such appeals. (3 ) The money deposited with a demand for a recount Disposition of . shall be disposed of by order of the judge in defraying the '^''°^' ' necessary expenses of holding the recount ; and the re- mainder, if any, shall be returned to the person who de- posited it. (4) The ballot boxes, poll books, books of record and Fallot boxes, other materials or forms used at the polling place, respecting subject to which the demand for a recount has been made, shall be order of judge. subject to the order of the judge during such recount. No. 33 of 1900, s. 100. 42 Cap. 3 CONSOLIDATED ORDINANCES CO. Time and place of recount. lOl. Upon the party demanding a recount, or any person on his behalf, satisfying the judge by affidavit, verifying the demand, that a demand for a recount has been served on the returning officer as hereinbefore provided, and that the sum of $100 has been deposited with such returning officer, as provided in the next preceeding section, the judge shall sign an appointment fixing a time and place at which such recount shall be held, and shall, in such appointment, direct upon whom and in what manner such appointment shall be served. No. 33 of 1900, s. 101. Procedure thereat. Proviso, if recount not properly demanded or security omitted. 102. The judge shall attend at the time and place so appointed and upon being satisfied by affidavit that his appointment has been duly served upon the persons directed by him to be served therewith he shall proceed with such recount. Provided, however, that it may be open to any candidate or agent to show by evidence, either . viva voce or upon affidavit, as the judge may direct, that the demand for a recount vras not made or the sum of money was not deposited with the returning officer as provided by section 100 of this Ordinance or was not deposited within the time thereby prescribed ; and upon the judge being satisfied that such demand was not so made, or that such money was not so deposited, he shall so find ; and shall file with the said returning officer a written finding to that eifect signed by him ; and thereupon the said recount shall be abandoned. No. 33 of 1900, s, 102. Count of ballots. 103. If the judge proceeds with the recount he shall, in the presence of such of the candidates or their agents appointed as such in writing as may be present, open one of the ballot boxes regarding which a recount has been demanded and shall count the number of ballots con- tained therein ; and shall note the number in a book and shall place the ballots in an open vessel. No. 33 of 1900, s. 103 Examination 104. The judge shall then proceed to examine and count ballots™* °* the ballots for the several candidates as it appears to him to have been the intent of the several voters marking Illegal ballots the ballots, rejecting only those by which the voter has not made his intent apparent or which have not been properly initialed. No. 33 of 1900, s. 104, Particulars to be recorded. Disposition of ballots and boxes after recount. 105. The judge shall enter in a suitable book the num- ber of the polling places and the particulars regarding the ballots examined, and shall then return the ballots to the ballot box from which they were taken ; and securely lock and seal the same ; and shall cause it to be returned to the custody of the clerk of the Territorial Court. No. 33 of 1900, s. 105. 1902 ELECTIONS- Cap 3 43 106. He shall then proceed similarly with each of the other ballot other ballot boxes regarding which a recount has been ''°''^^' demanded. No. 33 of 1900, s. 106, 107. The costs of the recount beyond the amount of the Costs of deposit required by section 100 of this Ordinance shall be '^°°""*- charged to the general expenses of the election, according to such regulation as to fees and otherwise as may prescribed from time to time by the Commissioner. No. 33 of 1900, s. Election fees. 113. lOS. The judge shall prepare a statement showing — statement of (a.) The total number of ballots which the return of the ■"" ^^' returning officer and the records of the count of appealed ballots, if such has been held, showed should be counted in the several classes in which they are comprised ; (b.) The number of ballots actually counted by him ; (c.) The number rejected ; and {d.) The number counted for each candidate ; with a declaration of the election of the candidate, or if there are two candidates to be elected the two candidates receiving the largest number of the votes cast, which can- didate or candidates shall forthwith be held duly elected ; and such judge shall thereupon certify in writing to the Territorial Secretary the names of the candidate or candidates declared elected by him on such recount ; and upon certificate being given such declaration shall be final His certificate and conclusive to all intents and purposes, subject to the provisions of " The Controverted Elections Ordinance." 2. In case a candidate declared elected by the judge is in case return other than the one declared elected by the returning officer ^^bifit '^on no penalty or damages shall be incurred by the person at person first first declared elected by reason of any act done by him as returned. duly elected representative. 3. The casting vote of the returning officer, if he has in case of a tie given one, shall not be counted by the judge in such recount unless there is a tie on the said recount, in which case the casting vote of the returning officer shall be counted as having been cast for the candidate for whom it was cast the first time he cast it. 4. If the returning officer has not given a casting vote pasting vote and the recount of the judge results in a tie, the returning '^ required. officer shall forthwith on the written request of the judge give a casting vote. No. 33 of 1900, s. 115. MICELLANEOUS. 109. No candidate shall be permitted to resign after the no candidate close of the polling until the question as to which candi- '"^^^jf" date has been elected has been finally determined by virtue procJ^d^ings. of the provisions of this Ordinance. No. 33 of 1900, s, 116. 44 Cap. 3 CONSOLIDATED ORDINANCES CO. Duty of court to hear proceedings ended. no. "When all proceedings in any way affecting the elec- tion, including proceedings under "The Controverted Elec- tions Ordinance," if any, are concluded, the clerk of the Terri- torial Court to whom the ballot boxes, poll books, record books and statements made by voters were delivered under the provisions of section 90 of this Ordinance shall there- upon open the ballot boxes and destroy the ballots therein with lire. No. 33 of 1900, s. 111. Public notice 111. The Territorial Secretary shall, as soon he can candilite" °^ Conveniently do so, give public notice of the names of returned. the Candidates elected. No. 33 of 1900, s. 118. FEES AND EXPENSES OF RETURNING OFFICERS, ETC. Feestoofficers 112. Except as hereinbefore provided, the fees in tariff C in section 2 of said schedule 1, mentioned in respect of the seA'eral matters therein contained and no others shall be allowed to the severul officers and persons therein mention- ed respectively, for the services and disbursements in the said schedule mentioned. No. 33 of 1900, s. 119. Reasonable 113. Anything to the Contrary in this Ordinance notwith- SraoTdinary standing, the Commissioner may direct the payment out of services. the general revenue fund of such sums, over and above the allowance authorized by the two next preceding sections of this Ordinance, as may be required to pay the expenses reasonably incurred by any person for services rendered under this Ordinance and also reasonable .fees and allow- ances for any extraordinary service rendered by any person thereunder. No. 33 of 1900, s. 120. CORRUPT PRACTICES. Acti prohibited. Give, etc., con sideration to induce voter to vote or refrain from voting. Give place or employment, to induce voter to vote. 114. No person shall directly or indirectly by himself or by any other person on his behalf do or commit any of the following acts : — (1.) Grive, lend, or agree to give or lend, or offer or promise any money or valuable security, or promise to procure or endeavour to procure any money or valuable consideratino to' or for any voter or to or for any other person in orde to induce any voter to A'^ote or refrain from voting at any election. (2.) Grive or procure or agree to give or procure, or offer or promise any office, place or employment or promise to procure or endeavour to prociire any office, place or employ- ment to or for any voter or to or for any other person in order to induce any voter to vote or refrain from voting at any election. 1902 ELECTIONS Cap. 3 45 (3.) Make any gilt, loan, offer promise, procurement or Make gift to agreement as aforesaid to or for any person in order to ^f°person!'"™ induce such person to procure or endeavour to procure the return of any person as a member of the Territorial Council or the vote of any voter at any election. (4.) Advance or pay or cause to be advanced or paid any Advance money to or for the use of any other person with the intent money for that such money or any part thereof shall be expended for ^^°^® purpose any of the purposes mentioned in the preceding parts of this section, or knowingly pay or cause to be paid any money to any person in discharge or repayment of any money wholly or in part expended for any of the said purposes. (5) Make use of or threaten to make use of any force, Use threats to violence or restraint, or inflict or threaten the infliction by to^vote.^"*^"^ himself or by or through any other person of any injury, damage, harm or loss, or in any manner practice intimida- tion upon or against any person in order to induce or com- pel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at any election or by abduction, duress or by any fraudulent de- vice or contrivance impede, pi event or otherwise interfere with the free exercise of the franchise of any voter or there- by compel, induce or prevail upon any voter either to give or refrain from giving his vote at any election. (6.) Any person convicted of a breach of this section shall Penalty. be liable to a penalty not exceeding $500. No. 33 of 1900, s. 121. 115. No candidate shall, by himself, or by or with any candidate not other person, or by any other ways or means on his behalf to pay at any time, either before or during election, directly or in- voteS!^^ °* directly, give or provide or cause to be given or provided, or be accessory to the giving or providing, or pay wholly or in part any expense incurred for any meat, drink, re- freshment, or provision to or for any person in order to be elected, or for being elected, or for the purpose of influenc- ing such person, or any other person, to give or refrain from giving his vote at such election ; and any such candidate convicted of contravening this section shall be liable to a ^"^ ^' penalty not exceeding $500. No. 33 of 1900, s. 122. 116. No candidate shall, nor shall any person on his candidate not behalf hire, promise to pay or pay for any horse, team, car- to pay for riage, or other vehicle to convey any voter or voters to or °^^^ ^'^^' from the poll, or to or from the neighbourhood thereof at any election, or pay or promise to pay the travelling or other expenses of any voter in going to or returning from any election, and any person convicted of contravening this ™* ^' section shall be liable to a penalty not exceeding $500. No. 33 of 1900, s. 123. 46 Cap. 3 CONSOLIDATED ORDINANCES 0. Election shall be voided for illegal acts of candidate. 11'7« If any court, judge or other tribun,al sitting or holding an inquiry under " The Controverted Elections Ordinance '' reports to the Territorial Secretary that any candidate at an election has by himself or by his agent, whether with or without the actual knowledge and con- sent of such candidate committed any act in contravention of sections 114, 115 and 116 of this Ordinance the election of such candidate, if he has been elected, shall be an undue election and shall be void and shall be set aside and a new election shall take place to fill the vacancy so created, un- less such court, judge, or other tribunal certifies under sec- tion 2 1 of said Controverted Elections Ordinance that another candidate was duly elected at such election in the stead of the candidate whose election is so voided. No. 33 of 1900. s. 24. Illegal acts of voter. Receive con- sideration to vote. Receive money to induce an- other person to vote. Hire horse to candidate. Penalty. lis. No person shall, before or during any election, directly or indirectly, himself or by any other person in his behalf, do or commit any of the following acts : — (1.) Eeceive, agree, contract or ask for any money, gift, loan or valuable consideration, ofiice, place or employment lor himself or any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any election ; (2.) Eeceive or ask for any money or valuable considera- tion for having voted or refrained from voting or for having induced any other person to vote or refrain from voting at any election ; (3.) Hire or offer for hire any horse, team, carriage or other vehicle to any candidate or to any agent of any can- didate for the purpose of conveying any voter or voters to or from the polling place or to or from the neighbourhood thereof ; (4.) Any person convicted of a breach of this section shall be liable to a penalty not exceeding $500. No. 33 of 1900, s. 1-^5. Failure of offi- cials to carry out duty. Penalty. Improper con- duct of voter. 119. Any person appointed as returning officer, election clerk, deputy returning officer or poll clerk who wilfully fails to carry out any of the duties imposed upon him by this Ordinance, or who wilfully contravenes any of its pro- visions shall be liable to a fine not exceeding |500 and costs or to imprisonment for a term not exceedinsr one vear, or both. (2.) If any person fails to return to the deputy returning officer the ballot paper handed to him by the deputy re- turning officer, as provided in section 45 of this Ordinance or hands to the deputy returning officer any paper other than the ballot paper as provided in the said section or by any means places or causes to be placed in the ballot box any ballot paper other than as provided in the said section 1902 ELECTIONS Cap. 3 47 or by any means takes or causes to be taken from the ballot box any ballot paper except as directed under the provi- sions of this Ordinance or defaces or destroys any ballot paper after it has been initialed or stamped by the deputy returning officer except as provided in section 6 1 of this Penalty. Ordinance shall be liable to the penalty provided in the first part of this section. No. 33 of 1900, s. 126. ISO. Unless in this Ordinance otherwise provided any improper con- other person than those mentioned in the next preceding '^"<'* °* °^^^^ section who wilfully contravenes any of the provisions of this Ordinance or attempts in any way to hinder its pro- visions from being carried out. shall be liable to a fine not exceeding $500 and costs or to imprisonment for a term not exceeding three months, or both. No. 33 of 1900, s. 127. 121. If the number of ballots foand in the ballot box at pisorepancy any polling place at the count by the deputy returning bluots! ""^ " officer is not the same as the number shown by the poll book of that polling place to have been cast, the deputy returning officer or poll clerk shall, if such discrepancy is due to either of them, be liable to a fine of |100 and costs penalty. or to imprisonment for a term not exceeding three months, or both. No. 33 of 1900, s. 128. 122. Any person who attempts to violate the secrecy of Violation of the ballot by marking a ballot in a peculiar manner or by f,a'iiot.''^ °^ showing it to anyone after it has been marked, or instigat- ing any voter to peculiarly mark or to show his marked ballot shall be liable to a fine not exceeding $500 and costs Penalty. or to imprisonment for a term not exceeding three months, or both. No. 33 of 1900, s. 129. 133. Everyone who at an election under this Ordinance does any of the following acts, that is to say : (a.) Applies to vote in the name of some other person, whether such name is that of a person living or dead or of a fictitious person ; or (b.) Having voted once at any such election, applies Voting more again to vote at the same election in his own name, is than once. guilty of an ofi"ense and liable to a penalty not exceeding |500 and costs or imprisonment for a term not exceeding six months, or both. No. 33 of 1900, s. 130. 134. Penalties under this Ordinance may be recovered on Penalty. summary conviction before two Justices of the Peace. No. 33 of 1900, s. 131. 135. On polling day no intoxicating liquor shall be sold No liquor to before the hour of six o'clock in the evening, and any per- ^^ ^"I'i- son contravening the provision of this section shall be sub- 48 Cap. 3 CONSOLIDATED ORDINANCES C. 0. ject to a fine not exceeding |500, with costs, or to imprisonment for a term not exceeding six months, or to both. No. 33 of 1900, s. 133. SCHEDULE I. FORM A. Schedules. Oath of Returning Officer— Sec. 3. T, the undersigned returning officer for the Electoral District of solemnly swear that I will act faithfully in that capacity without partiality, fear, favour or affection. So help me God. Returning Officer. Sworn before me at in the) Yukon Territory, this > day of , A.D., 19 ) Signature of officer administering oath. FORM B. Certificate of Returning Officer having taken oath of office —Sec. 3. I, the undersigned, hereby certify that on the ; day of the month of ,19 , the returning officer for the Electoral District of took and subscribed before me the oath of office in such case required of a returning officer by section 3 of the Ordi- nance respecting elections. In testimony whereof I have delivered to him this cer- tificate. Signature of officer administering oath. FORM 0. Commission of Election Clerk— Sec. 4. To (set forth his addition and residence.) Know you that in my capacity of returning officer for the Electoral District of I have appointed and do 1902 ELECTIONS Cap. 3 49 hereby appoint you to be my election clerk to act in that capacity according to law at the election for the said Elec- toral District, to be holden under the Ordinance respecting elections. Griven under my hand this day of in the year Returning Officer.. FOEM D. Oath of Election Clerk— Sec. 6. I, the undersigned , , appointed election clerk for the Electoral District of solemnly swear that I will act faithfully in my said capa- city as election clerk and also in that of returning officer, if required to act as such, according to law, without partial- ity, fear favour or affection. So help me Grod. Election Clerk. Sworn before me at in the ) Yukon Territory, this > day of , A.D., 19 ) Signature of officer administering oath. FOEM E. Certificate of Election Clerk having taken the oath of office —Sec. 6. I, the undersigned, hereby certify that on the day of. election clerk for Electoral District of took and subscribed before me the oath of office required in such case of an election clerk, by section 6 of the Ordinance respecting elections. In witness whereof I have delivered to him this certi- ficate under my hand. Eeturning Officer. Or signature of any other officer administering oath 4 — Y. o. 60 Cap. 4 CONSOLIDATED ORDINANCES C. 0. FORM F. Proclamation of Eeturning Officer — ^ec. 9. PROCLAMATION. Yukon Territory, To wit : Public notice is hereby given to the electors of the Elec- tora Division of aforesaid, that in obedience to the Ordinance respecting elections, I require the presence of said electors at (here describe with reasonable certainty the building or place where nomination is to take place) in the of ,...in said Electoral District, on the day of the month of 19 , from eleven o'clock in the forenoon until twelve o'clock noon for the purpose of nominating one (or two persons as the case may be) to represent them in the Terri- torial Council of said Yukon Territory ; and that in; case more that one candidate or two candidates, if two candi- dates are to be elected, remain in nomination the poll will be opened and held on the day of the month of 19 , from the hour of nine o'clock ini the forenoon until the hour of five o'clock in the afternoon, in each of the following polling places, that is to say : Polling place No. 1 — — at — (clearly describe the polling station). (And so continue for all the other polling places in the Electoral District). Of which all persons are hereby required to take notice and govern themselves accordingly. Eeturning Officer. FORM a. Nomination paper-^Sec. 11. We, the undersigned electors of the Electoral District of nominate (name, residence and addition of the person nominated and present location, if absent from the Yukon Territory) as a candidate at the election now about to be held of a member (or two members as the case may be) to represent the said District in the 1902 ELECTIONS Cap. 3 51 Yukon Territorial Council, (If the persons nominated are absent from the Yukon Territory it must be slated here). Witness our hands this .day, of 19 (Signature with residence and additions.) Signed by the above subscribing electors before me, "Witness or Witnesses. I, the said nominated in the foregoing nomination paper, hereby con- sent to such nomination. Signed in the presence of Name of Candidate. Name of Witness to candidate's signature. FOEM H. Information to Electors — Sec. 19. The voter is to vote for not more than one, or if there are two candidates to be elected, two candidates. The voter is to go into the compartment provided and, with the pencil provided in the compartment, place a cross on the right hand side, opposite the name of the candidate or candidates, not exceeding the number to be elected for whom he votes, thus X. The voter is then to fold up the ballot paper so as to show the name or initials of the deputy returning officer signed on the back, and leaving the compartment shall, without showing the front of the paper to any person, deliver such ballot so folded to the deputy returning officer, and forthwith quit the polling place. If the voter inadvertently spoils a ballot paper, he may return it to the deputy returning officer, who will, if satis- fied of such inadvertence, give him another ballot paper. If the voter votes for more than the number of candidates to be elected, or places any mark on the paper by which he may be identified, his ballot paper will be void, and will not be counted. If the voter takes a Ijallot paper out of the polling place or deposits in the ballot box any other paper than the one given to him by the deputy returning officer, he shall be subject to a fine of $500 and costs, or imprisonment for any term not exceeding one year, or both. 4J— Y. o. 52 Cap. 3 CONSOLIDATED OBDINANCES C. 0. (In the following form of ballot paper given for illustra- tion, the candidates are John Doe, Eichard Roe, Geoffry Stiles and John Stiles, and the voter has marked his ballot in favor of Eichard Eoe and John Stiles.) ELECTION" FOE THE ELECTO- RAL DISTEICT OF 1 DOR, John Doe, Forty-Mile, Miner 2 3 ROE. X Eichard Eoe, Bonanza Creek, Miner. No. ON POLL BOOK. STILES, Greoflfrey Stiles, Dawson Advo- cate. 4 STILES, X John Stiles, White Horse, Mer chant. FOEM J Oath of Deputy Eeturning Officer — sub-sec. 2, sec. 28. I, the undersigned appointed Deputy Returning Officer for Polling Place No of the Electoral District of , do solemnly swear, or (being one of the persons permitted by law to affirm in civil cases) solemnly affirm, that I will act faithfully in my said capac- ity of Deputy Returning Officer without parUality, fear, favour, or affection. So help me God. Deputy Returning Officer. Sworn before me at , in the ) Yukon Territory, this [ ■ day of. , A.D., 19 ) Signature of officer administering oath. FORM K. Oath of Poll Clerk— Sec. 25. ^ I, the undersigned, appointed Poll Clerk for polling place No of the electoral district of do solemnly swear, (or if he is one of the persons per- mitted by law to affirm in civil cases, do solemnly affirm), that I will act faithfully in my capacity of poll clerk and also in that of deputy returning officer if required to act as 1902 ELECTIONS Cap. 3 53 such, according to law, without partiality, fear, , favour or affection. So help me Grod. Poll Clerk. Sworn before me at in the ) Yukon Territory, this > day of ,A.D., 19 ) Signature of officer administering oath. FOEM M. Oath to he taken before voting — Sec. 36. I, of in the Yiikon Territory do solemnly swear that I am a natural born, (or naturalized), male British subject of the full age of twenty-one years, and that I have continu- ously resided in the Yukon Territory for a period of not less than twelve months and in this electoral district not less than three months prior to the date of this election and that I have not voted before at this election at this or any other polling place. So help me God. Sworn before me at , in the ) Yukon Territory, this > day of , A.D., 19 ) Signature of officer administering oath. FOEM M. a Section 36. Serment requis avant de voter. Je, de dans le Territoire du Yukon, .jure positivement que je suis sujet Britanique par naissance, (ou par naturali- sation,) du sexe masculin ; que j'ai 21 ans accomplis ; que j'ai continuellement reside dann le Territoire du Yukon depuis au moins 12 mois et dans le district electoral pas moins de trois mois precedant la date de cette election et que je n'ai pas deja vote a cette election, a ce bureau de votation ou a aucun autre. Que Dieu me soit en aide Assermente devant mci, soussigne a dans le Territoire du Yukon 1900. Depute Officier Eapporteur. 64 Cap. 3 CONSOLIDATED ORDINANCES 0.0. d W O O pq 1-^ o p-t I o o 05 o S3 5(-< o o 5 I-H O +J 0) '^ -d ^^ o o ^ 02 T3 o =« c S a h-l ^1^ 02 f^ p? §•0 &^^ 05 d ^ fcC fee 05 .a .a ^^.s s .gftfeD§a£^ cu a d Jsts 2 ^2 ft^ g"g^ 05 d d I 05 <1> oj d ft.a =■ 05 I— I ,d , 05 -*-3 W i35' d^ 05 p 05 -|J^ .a «« o f^ 03 rg^ 05 d 05 d 05 . .-2 m 05 03 fH « r-H CS pQ O'TJs^ 05 1:3 05 Ord o 'O PM e; d 05 ,0 05 ^ ^ ->H O '^pfl'S a o:g o fe -w -t; 05 --J^ d 05 d ^pd ^ d Srd o o fH do'° 05 to a, • 05'^ 05 O 05 0) , 05 , O o fl C5 05 d ^ S5 05 Orfl o i g ^^^ ■ — ^ H fl 0% -ij 3 '-' :pS 05 05=t-i d '5 3 rt ;_^ o t: " f o. s d rfl 05 05 pfl 05 05 p^ 05^ ' : -d .P ^ rt -- « d ■' dfl o . OQ d ft 05 r« O "^ 05 ^_i ft O O O 05 g d o . o, 5 p 03 -u 05 _a 05 cd Sd^ U 05 d^ 05 ;a -1-3 ^^ 05 (^ P 03 _ O 03 ^HSi-i'gpd 03 : ei •: a SI 03 ..Q rd' o d CO ^1 05 ra rd < ^ d ftfe^ *^ "" pd 05 05 ^ * 00 Jj ^ o o cs +3':^ 1902 ELECTIONS Cap. 3 65 FOEM N. Oath that voter has received no bribe or other cpnsideration for his vote— Sec. ST. I, , do solemnly swear that I have not received anything nor has anything been promised me, nor have I asked for anything directly or indirectly, either to induce me to vote at this election or for loss of time, travel- ing expenses, hire of team or for any other service connected therewith, and that in the casting of my vote at this election I am not impelled or infltlenced by fear or by expectation of favour. So help me (3rod. Sworn before me at in the ) Yukon Territory, this > day of A.D. 19 . ) Signature of olficer administerina: oath. FOEM O. Notice to appear. — Sec. 49. To Take notice t;hat you are hereby required to appear at (here describe with reasonable cer- tainty the building or place fixed for sitting of the Court of Eevision) on day of •..., 19..., at the hour of o'clock before me and such Justice of the Peace as shall then be sitting with me to answer to a chargp of having voted contrary to the provisions of the Ordinajice Respecting Elections. Dated this day of 19 Deputy Eeturning Officer. FOEM Q. Oath by messengers where the deputy returning officer is unable to deliver packet to the returning officer. — Sec- tion 58. I, solemnly swear that I am the person to whom deputy returning officer for the polling place No electoral district. of delivered the election packets for the said polling place to be delivered to returning officer for the said electoral district, in consequence of the said deputy being unable through illness or some other cause to deliver the same personally to the returning officer ; that the packets that I 56 Cap. 3 CONSOLIDATED ORDINANCES C O. have this day delivered to the said returning officer are all the packets I so received ; that I have not opened any of them, and that they have not been opened by any other person since I have received them from the deputy return- ing officer. So help me, Grod. Sworn before me at in the ) Yukon Territory, -this > day of A.D., 19 ) Signature of officer administering oath. iq-Qte. — Where the deponent is one of the persons per- mitted by law to affirm in civil cases, he may solemnly affirm. Form R. Ballot paper account. — Section 59. Received from returning officer. Ordinary ballot papers Tendered ballot papers Manner in which ballot papers dealt with : 1, No. counted, packets A and B 2, No. rejected, packet C 3, No. unused, packet D 4, No. spoiled, packet E 5, No. tendered ballot papers, packet F 6, No. ballot papers given to voters who afterward returned same declining to vote, packet G . . . . T, No. declaration of " inability to read " and " physi- cal incapacity " and all certificates received by d eputy returning officer, packet H 8, No. of ballot papers taken from the polling place. (Signed) Deputy Returning Officer. Dated this day of AD., 19.. Note. — The several " packets " mentioned above are those referred to in section 57 of this Ordinance. Form S. Summons to a witness. — Sec. 63. You are hereby commanded to appear before us at (here describe with reasonable certainty the building or place fixed for the sittings of the Court of Revision) in polling place No of the electoral district of on the day of 19 , at the hour of o'clock in the noon, and so on from day to 1902 ELECTIONS Cap. 3 51 day until the charge hereinafter mentioned is tried or other- wise disposed of, to testify and give eAddence upon the hear- ing before us of a charge preferred against one of having voted contrary to the provisions of the Ordinance respecting elections. And you are further commanded to bring with you and produce at the time and place aforesaid all papers and articles in your possession or power in any way relating to said charge or to any matter connected therewith. "Witness our hands (or my hand) this day of ... .19... Deputy Returning Officer. Justice of the Peace. {This summons may be issued by the deputy returning officer, or by justice of the peace, or both.) Form T. Interpreter's Oath — Sec. 41. I, do solemnly swear (or if he is one of the persons permitted by law to affirm in civil cases, do solemnly affirm) that I will well, truly and faithfully inter- pret all such instructions and information necessary to enable any voter to cast his vote at this election, as I may be directed by the deputy returning officer to communicate to such voter, and that I will not say or communicate any- thing to any such voter to induce him to vote for or to refrain from voting for any particular candidate. So help me God. Signature Sworn before me at in the ) Yukon Territory, this > day of , A.D., 19 ) Signature of Deputy Returning Officer. SCHEDULE 1.— SECTION 2. Tariff A.— Sec. 63. Por every day necessarily absent from residence in going to, staying at and returning from hearing "When residence is within four miles of place |3 00 "When over four miles 5 00 For every mile necessarily travelled, other than by public conveyance 25 "When public conveyance used ; actual fare paid. 58 cap. 3 consolidated ordinances c. o. Tariff B. Schedule of costs to be allowed on inquiry before a Judge of the Territorial Court — Sec. 95. To the clerk of the court for receiving, filing and entering each appeal and attending judge with notifications and on hearing of appeal and judg- ment $3 00 To the clerk for issuing each summons, snbpcena or notice 1 00 To the clerk all necessary postage To the clerk taxing all bills of costs actually taxed... 1 00 To witnesses, the same fees as are allowed in civil cases To the solicitor for the party succeeding on each appeal 5 00 To be increased in the discretion of the judge to an amount not exceeding Tariff C. Fees for election services. — Sec. 112. The Eeturning Officer, where no poll is held.... $200 00 Election Clerk, where no poll is held 50 00 Eeturning officer, where ^oll is held 500 00 Election Clerk, where poll is held 150 OO Deputy Returning Officer 25 00 Poll Clerk 15 00 Interpreter, each case 1 00 Deputy Returning Officer and justice of the peace, sitting as Court of Revision, per day, each 15 00 Each officer, for every mile necessarily travelled in discharge of his duties .25 Rent of house for nomination Cost Rent of house for polling station Cost Rent of house for court of revision Cost Rent of Tiouse for count by returning officer Cost SCHEDULE 2— FORM A. Writ of Election. To of... in the electoral district of in the Yukon Territory : Whereas the Commissioner of the Yukon Territory has seen fit under and by Aartue of the provisions of the Ordi- 1902 ELECTiojvrs Cap. 3 69 nance respecting elections to order the issue of a writ of election for the said electoral district of. addressed to you, whom he has been pleased to select to perform the duties of returning oflSeer ; You are therefore commanded that you do cause election to be made, according to law, of a member (or two members as the case may be) to serve in the Council of the Yukon Territory for the said electoral district of ; that you do cause the nomination of candidates at such election to be held at in the said electoral district on the. day of. next ; and that you do cause the name (or names) of such member, (or members) when so elected, to be certified to me, on the day of Griven under my hand and the seal of said Territory at Dawson in the said Yukon Territory this day of 19 Territorial Secretary. INDORSEMENT. Beceired the within writ on the day of 19 Returning Officer. 60 Cap. 4 CONSOLIDATED OEDINANCES CO. CHAPTER 4. All Ordinance Respecting Controverted Elections. SHOET TITLE. Short title 1. TMs Ordinance may be cited a,s " The Controverted Elections Ordinance." N.W.T., c. 4, s. 1. INTERPRETATION. Interpretation 2. In this Ordinance unless the context otherwise requires : •'Judge" (1) The expression '"the judge" means a judge of the Territorial Court. "Clerk." (2) The expression "the clerk" means the clerk of the said court. N.W.T., c. 4, s. 3. Time for election petition. Who may petition. Form of petition. Filing. PETITIONS. 3. At any time within one month after the publication by the Territorial Secretary of the notice prescribed by section 118 of the Ordinance respecting elections any de- feated candidate or any duly qualified elector of the elec- toral district in which the election was held may petition against the undue return or undue election of any candi- date at such election N.W.T., c. 4, s. 3. 4. Such petition may be in form A in the schedule hereto ; and shall within the time prescribed by the last preceding section be filed in the office of the clerk of the Territorial Court, and shall contain the following state- ments The right of the petitioner to petition ; The holding and result of the election in general terms : In a brief form the facts and grounds relied on to sanction the prayer. and such petition shall conclude with a prayer that the election may be declared void and set aside, and it also may contain a prayer that some other candidate at the election than the one certified to be elected was duly elected. N.W.T., c. 4, s. 4, (b.) {c) 1902 CONTROVERTED ELECTIONS Cap. 4 61 SECURITY FOR COSTS. 5. The petitioner shall at the time he files such petition Petitioner to deposit with the said clerk the sum of |500 in current bank for oostT"*'' notes of the Dominion of Canada or other current money as security for the respondent's costs of and incidental to the said petition and the proceedings thereunder. N. "W. T. c. 4, s. 5. SERVICE OF PETITION. 6« A copy of such petition shall be served on the candi- Respondent date against whom such petition is filed (herein called the with coprof respondent) within twenty days after the same is so filed ; petition. and such service may be efiiected in the way that service of a writ of summons in an ordinary civil action in the said court is effected. N. "W. T. c. 4, s. 6. 'i' Upon the judge being satisfied by affidavit either Extension of before or after the time hereinbefore limited for the service g™'-(f°'' of a copy of the petition that every reasonable effort has been made to effect such service and that such service has not been effected, he may ex parte extend the time for effecting such service for a period not exceeding ten days and so from time to time until such service has been effected ; or the judge may in such case make an ex parte order for Substitutional substitutional service of such petition in such manner as ^*^''^''^*- he directs. N. W. T. c. 4, s. 7. ADDRESS FOR SERVICE. 8. The petitioner shall indorse on the petition filed with Petitioner the clerk and on the copy thereof served on the respondent addresf for an address for service (which shall not be more than three service on miles from such clerk's office) at which all summonses, p^''*'°" notices, demands and other papers in the proceedings may be served on him ; and in default of so doing such sum- monses, notices, demands and other papers in the proceed- ings may be served on him by being filed with the clerk. N. W. 1\ c. 4, s. 8. 9. The respondent shall within ten days after being Respondeutto served with a copy of the petition as hereinbefore provided addres'a for"* file with the clerk a notice in writing specifying an address servire. for service not more than three miles from such clerk's office at which all summonses, notices, demands and other papers in the proceedings may be served on him ; and in default of so doing such summonses, notices, demands or other papers may be served on him by being filed with the clerk. N. W. T. c. 4, s. 9. 62 Cap. 3 CONSOLIDATED ORDINANCES 0. 0. PKEIilMINARY OBJECTIONS. Respondent lO. The respondent may at any time within twenty haTep^e^itio^ days after the service upon him of the petition apply to set aside. the judgB to Set stich petition aside and have it removed from the files of the court on any of the following grounds : (a.) That the petitioner is not qualified to file ai, petition ; (b.) That the petition was not filed within the prescribed time ; (c.) That the deposit has not been made as provided in section 5 hereof; (d.) That the petition does not on its face disclose sufficiehi grounds or facts to have the election set aside or declared void; (e.) That service of a copy of such petition has not been made on him as herein prescribed ; and the judge may (if satisfied that the application is well founded) order the petition to be set aside and removed from the files of the court with or without costs as he may direct ; or (if not so satisfied) may dismiss the application with or without costs as aforesaid. N. "W". T. c. 4, s. 10. PARTICULARS. Respondent U' Evidence need not be stated in the petition but the may apply for respondent may at any time within twenty days after service particulars, upou him of the petition (unless he makes an application under the next preceding section, and if he does then within five days after such application is disposed of if it is refused or dismissed) apply to the judge for particulars or for further and better particulars of the facts and grounds relied on to sustain the prayer of the petition ; and the judge may order such particulars as may be necessary to prevent surprise and to ensure a fair and effectual trial ; and may prescribe the time within which such particulars shall be delivered ; and may in such order direct that in case such particulars are not delivered as prescribed the petitioner shall not be at liberty to give any evidence at the trial with respect to facts and grounds of which particulars are ordered and not delivered. N. W. T. c. 4, s. 11. PETITION CLAIMING SEAT ; OBJECTIONS. Respondent l^* If the petitioner claims the seat for any other candi- ™Y *^^ t f ^^*® than the one certified to be elected the respondent objections if may withiu twenty days after service upon him of the peti- forothe™hln ^^'^^ (uuless he applies to set aside the petition under sec- returned tiou 10 hereof, and if he does then within ten days after candidate. guch application is disposed of if it is refused or dismissed) file with the clerk a statement in form B in the schedule 1902 CoiSTTROVERTED ELECTIONS Cap. 4 63 hereto, claiming thdt the sea,t oiight not to be awarded to the candidate for whom it is so claimed because : (a.) He is not qualified to be elected a member of the Yukon council; (b.) He at the election in question was guilty of some act or acts in cdritravention of section^ 114i 115 or 116 of the Ordinance respecting elections ; and serve a copy of such staitement on the petitioner. N. W.T. c. 4, s. 12. SETTING ASIDE OBJECTIONS. 13. rhe petitioner within ten days after service upon Petitioner him of the said statement may apply to the judge to set hLw ^utl- such statement aside and have it removed from the iiles of "ent of the court on any of the following grounds : set Tside.^ (a.) That it was not filed within the prescribed time ; (b.) That it was not served on him as herein prescribed; (c.) That it does not on its face disclose sufficient grounds to have the election declared void as against the candidate for whom the seat is claimed ; (d.) That the petition does not claim the seat for any other candidate ; or if the statement is not served on the petitioner as herein directed he may apply at any time to have it set aside and removed from the files of the court ; and the judge may (if satisfied that any application under this section is well founded) order such statement to be set aside and removed from the files of the cotirt with or without costs as he directs ; and if not so satisfied he shall dismiss the applica- tion with or without costs as he directs. N.W.T., c- 4, s. 13. EVIDENCE ; PARTICULARS. 14. Evidence need not be stated in such statement but Petitioner the petitioner may at any time within ten days after service ™ay *PPiy upon him of the said statement (unless he makes an applica- particulars. tion under section 13 hereof to set the statement aside, and if he does then within five days after such application is disposed of if it is refused or dismissed) apply to the judge for particulars or for fuither and better particulars of the facts and grdunds relied on for the claim that the seat ought not to be awarded to the candidate for whom it is claimed in the petition ; and the judge may order such particulars as may be nebessary to prevent surprise and to ensure a fair and effectual trial in the salme manner and with the same consequence as prescribed in section 11 of this Ordinance. N.W.T:, c. 4, s. 14. 64 Cap. 4 CONSOLIDATED ORDINANCES C, 0. PETITIONS AT ISSUE. Petition when 15- If the Said petition is not ordered to be set aside and at issue. taken off the files of the court the same shall be deemed to be at issue when all other orders (upon applications herein- before authorised to be made) by the judge have been made whether granting or refusing such applications or when the time for making such applications has expired if no such applications have been made. N.W.T., c. 4, s. 15. Appiicationof 16. At any time after the said petition is at issue the Smeandpiai petitioner may apply to the judge to appoint a time and of trial. place for the trial of the petition ; and the judge (on being certified that the petition is at issue) shall appoint a time and place for such trial. N.W.T., c. 4, s. 16. ' Appiicationof IT. If the petitioner does not within one month after the disndsfaTo/"" Petition is at issue apply to the judge to appoint a time and petition. place fot the trial of the petition the respondent may apply to the judge to dismiss the petition; and the judge may thereupon at the return of the summons (if the application is properly made) either dismiss the petition with costs or appoint a time and place for the trial of the petition. N.W.T., c. 4, s. 1*7. GENERAL. Petition and 18. The Said petition and all proceedings thereunder thereunde?^ shall be deemed to be a cause in the court in which the said deemed cause petition is filed, and all the provisions of The Judicature m court. Ordinance in so far as they are applicable and not incon- sistent with the provisions of this Ordinance shall be applic- able to such petition and proceedings ; and the tariff of costs for clerks, sheriffs, solicitors and interpreters (whether prescribed by The Judicature Orofmawce or under its authority) shall be applicable to such proceedings. N.W.T., c. 4, s. 18. Applications 1*>. Applications to the judge shall be made in chambers chimbfrs" ^^^ unlcss authorised to be made ex parte shall be made by notice. N.W.T., c. 4, s. 19. TRIAL. Trial 20. The judge shall attend at the time and place appoint- ed for the trial and try the matters of the said petition and arising thereout ; and such place of trial shall be an open court at which the usual officers of the court shall attend and perform their respective duties as in the case of any other trial in the said court; and such trial maybe adjourned from day to day or for such further time as the judge may direct. N.W.T., c. 4, s. 20. 1902 CONTROVERTED EliECTIONS Cap. 4 65 judge's report. 21. If the judge on such trial finds that the respondent Judge to was unduly returned or elected a member of the council by Territorial reason of any of the matters alleged in the petition he shall Secretary. forthwith after the expiration of fourteen days from deliver- ing his judgment (unless his judgment is appealed and application is made for a stay as hereinafter provided) report such finding to the Territorial Secretary ; and shall certify in such report for what cause he finds that the respondent was unduly returned or elected ; and if the seat is by the petition claimed for another candidate than the respondent and the judge finds at such trial that such other candidate is entitled to the seat, he shall so certify in the said report to the said Territorial Secretary and thereupon such other candidate shall be entitled to the seat in the place and stead of the respondent; but the judge shall not so find or certify that such other candidate is entitled to the seat under any circumstances if he finds that he is not qualified by law to be a member of such council or that at the election in ques- tion he was guilty of any acts in contravention of sections 114, 115 or 116 of the Ordinance respecting elections, pro- vided that such want of qualification or acts (as the case may be) have been charged against such candidate in a statement filed under the provisions of section 12 of this Ordinance. (2.) If the judge does not in such report certify that an- other candidate is entitled to the seat the election shall be void and set aside and a writ of election shall be issued to fill the vacancy so created. N.W.T. c 4, s. 21. 22. If the judge at the trial finds that the matters set Dismissal of forth in the petitioii are not proved to his satisfaction he p^*'*i°"- shall dismiss the petition. N.W.T. c. 4, s. 22. WITHDRAWAL OP PETITIONS. 23. The petitioner may at any time withdraw his withdrawal petition by filing with the clerk a statement in writing °^ petition. that he so withdraws it and serving the respondent with a notice of such withdrawal ; and in such case the judge shall on application order the petitioner to pay the re- spondent's costs of and incidental to the petition and the proceedings thereunder. N.W.T. c. 4, s. 23. 24. The I'espondent may at any time withdraw any withdrawal statement filed by him under section 12 of this Ordinance jj^ ^^gg^^^^g^^ by filing with the clerk a statement that he so withdraws it and serving the petitioner with a notice of such with- drawal ; and in such case the judge shall on application 5 — Y.o. ^6 Cap. 4 CONSOLIDATED ORDINANCES C. 0. order the respondent to pay the petitioner's costs of and incidental to such statement. N.W.T. c. 4, s. 14. ADMISSION OF UNDUE ELECTION. Admission of 25. Unless the seat is claimed for a candidate other He'cTb^'^''''"" than the respondent, the respondent may at any time admit respondent that he was unduly returned or elected by filing with the declared void, clcrk a statement' in writing admitting such fact and serving the petitioner with a notice that such statement has been filed ; whereupon the judge shall on application order the respondent to pay to the petitioner his costs of and incidental to the petition ; and shall report to the Ter- ritorial Secretary that the respondent has admitted that he was unduly returned or elected ; whereupon the election shall be void and set aside and a writ of election shall be issued to fill the vacancy so created. N.W.T. c. 4, s. 26. COSTS. Costs in 26. Except when otherwise provided the costs of the fudge*'°"°* petition and all matters incidental thereto and arising thereout shall be in the discretion of the judge. N.W.T. c. 4, s. 26. •Judge may 27". If the judge at any time orders costs to be paid by be'^*aid°out'° *^® petitioner, he may (when the petition and all matters of security arising thereout have been finally determined and disposed deposited. q£j order such costs to be paid out of the moneys deposited by the petitioner on filing the petition ; but nothing in this section shall be construed as preventing the respondent from proceeding at any time to recover any costs that may have been awarded to him according to the ordinary prac- tice of the court, N.W.T. c. 4, s. 21. APPEAL. Appeal to 28. An appeal shall lie to the Territorial Court sitting Court entmc. ^^ ^"■^'^ ^0°^ ^^J Older or determination of the judge ; and such appeal shall be had and taken and all proceedings relating thereto shall be had and taken and the Territorial Court en banc shall deal with such appeal in the same manner as appeals and the proceedings thereunder are had, taken and dealt with under the Judicature Ordinance. N-W.T. c. 4, s. 28. ,s. Jnteriocutory 29. If such appeal is from an order or determination other than any finding or determination under section 21 or 22 of this Ordinance it shall not operate as a stay of pro- ceedings unless so ordered by the judge ; and the judge may 1902 CONTROVERTED ELECTIONS Cap. 4 6*7 for reasonable cause at any time set aside any stay of pro- ceedings lie may so order. N.W.T. c. 4, s. 29. 30. If such appeal is from any finding or determination stay of under section 21 of this Ordinance the appellant shall (before ^"^^^^eiifrom the expiration of the fourteen days mentioned in that sec- finaijudgir.ent tion) apply ex parte to the judge for a stay of proceedings ; and the judge on being satisfied that notice of the appeal has been duly given shall make an order staying proceedings and shall not forward his report as provided in section 21 until the appeal is finally determined. (2.) The other party may apply to the judge at any time Application to before the appeal is lodged with the clerk of the Territorial fordeiay!^^ Court to have such stay set aside and the, appeal quashed on the ground that the appeal is not being prosecuted with sufficient despatch ; and the judge may if satisfied that there has been undue delay in prosecuting such appeal set aside the stay of proceedings and quash the appeal and in that case shall forthwith forward his report to the Territo- rial Secretary as provided in section 21. (3.) No order shall be made as provided in the preceding subsection if at the time of the application the appeal has been lodged with the said clerk. N.W.T. c. 4, s. 30. 31« When any appeal to the Territorial Court en banc is Hearing and duly lodged with the clerk it shall be proceeded and dealt ofi^peais."" with according to the practice of such court in appeals in civil causes ; and the adjudication and finding of such court on such appeal shall be duly certified by the clerk to the judge appealed from ; and if the appeal is from any finding or determination of the judge under section 21 and such finding or determination is affirmed in whole or in part, the judge shall forthwith forward his report to the Territorial Secretary as provided in section 2 1 and as varied Report to or modified by the order of the court en banc if so varied or secretary modified. N.W. T. c. 4, s. 31. BALLOTS NOT TO BE COUNTED. 32. Nothing in this Ordinance contained shall be con- No count of strued to authorize the judge to count or recount the ballots ^fl^l ^^ cast at any election but the count of such ballots and the re- count (if any) under the Ordinance respecting elections shall be considered conclusive. N.W.T. c. 4, s. 32. 5i— Y.O. 68 Cap. 4 CONSOLIDATED ORDINANCES C. O. SCHEDULE. FORM A.— SECTION 4. In the Territorial Court. Between A.B., Petitioner, and CD., Eespondent. The petition of .4. B., of (s^a^/wg- petitioner's residence ancT occupation) sheweth : 1. An election was held on the day of A.D. 19 {state the date of the general polling day) for the Electoral District of (state the name qfthe electoral district) at which CD. and E.F. were candidates, and the said CD. has been certified to be the person elected at such election. 2. The petitioner was a duly qualified elector at such election (or the petitioner was a defeated candidate at such election). 3. The petitioner says (slate here the facts and grounds on which the petitioner relies). "Wherefore the petitioner prays that it may be declared that the election of the said CD. is void and that it be set aside and (if the seat is claimed for another candidate) that it, may be declared that the said E.F. was duly elected. Dated the day of A.D. 19 A.B. FOEM B.— SECTION 12. In the Territorial Court, Between A.B., Petitioner, and C. D. Eespondont. The above named respondent, CD., says that the seat claimed in the petition herein for said E.F. ought not to be- awarded to him because (here state the grounds and facts on which the respondent relies). Dated the day of A.D. 19 CD. ^902 PUBLIC SERVICE Cap. 5 69 CHAPTER 5. An Ordinance Respecting- the Public Service of tlie Territory. SHORT TITLE. !• This Ordinance may be cited as " TAe Yukon Territorial Public Service Ordinance:' No. 16 of 1902. s. 1. Short title. INTERPRETATION. 2« In this Ordinance, unless the context otherwise re- inteipre- quires, the expression "head of Department " or "head " '^''°°- means the officer appointed for the time being to take " Head of charge of a Department. No. 16 of 1902, s. 2. Department" 3. The expression "employee" or "employees" in this "Employee" and any other Ordinance shall include all persons in the service of tbe Government of the Territory. No. 16 of 1902, s 3. DIVISION OF THE PUBLIC SERVICE. 4. The Commissioner of the Yukon Territory shall be Commiasioner the Chief Executive Officer of the Territory, and the head E^eout?™^^ of every Department of the public service. No. 16 of 1902, Officer. s. 4. 5. The public service of the Territory shall be divided Departments. into the following departments : (a.) Department of the Territorial Treasurer ; (b.) Department of the Territorial Secretary ; {c.) Department of Public Works and Buildings; {d.) Department of Education ; (e.) License Department ; and <^.) Health Department. No. 16 of 1902, s. 5. MANAGEMENT OF DEPARTMENTS. 6. The head of each Department shall oversee and direct Duties of the employees of the Department, and shall have general con- ^s*''' trol of the business thereof ; and in addition to the duties required of him by any law or Ordinance of the Territory, he shall perform the duties hereinafter provided and such 10 Cap. 5 CONSOLIDATED ORDINANCES C. 0. Acting head may be appointed in absence of head. other duties as are assigned to hiin from time to time by the Commissioner. No. 16 of 1902, s. 6. T. In the absence of any head, the senior officer of the Department shall perform the duties of such head, unless some other person is appointed as acting head of such De- partment by the Commissioner, and any such person so acting during such absence, shall exercise all the powers vested in the head, as to the control of the other employees of the Department. No 16 of 19,02, s. 1. Commissioner to make any appointment. APPOINTMENTS. *• The Commissioner may at any time appoint such officers, clerks and servants as are required for the proper conduct of the business of the Departments, and all ap- pointments shall be made by him upon the application and report of the head of the Department in which the person appointed is to be employed, and their respective duties in all matters not expressly regulated by law shall be such as is assigned to them by order of the Commissioner or of the head of the Department, and all such appointments shall be during pleasure. No. 16 of 1902, s. 8. Commissioner may appoint acting officer. To act in absense of Ijerson for whom he acts. J>. It shall be lawful for the Commissioner to appoint any acting officer or servant of any kind, who shall have all the power and authority of the person for whom he is acting ; (2.) Such acting head of Department, officer or servant shall act only in the absence from the post of duty or dur- ing the illness or other physical disability of the person for whom he acts, or in case of a vacancy in office. No. 16 of 1902, s. 9. SALARIES. Salaries to be lO. AH employees in the public service of the Territory Commissioner shall rcceivc such Salaries respectively, as may be assigned to them by order of the Commissioner and voted by the Commissioner in Council. No. 16 of 1902, s. 10. Comptroller to provide over treasury Department. DEPARTMENT OF THE TERRITORIAL TREASURER. 11- The Department of the Territorial Treasurer shall be presided over by the Comptroller of the Yukon Territory, who shall be the head of said Department. No. 16 of 1902, s. 11. Accounts of territory to 12. The accounts of the Territory and of the different Departments of the public service shall be kept in the De- 1902 PUBLIC SERVICE Cap. 6 71 partment of the Territorial Treasurer in such manner and bejkeptlby under such regulations for the fullness and accuracy and as '^^^"■''^''^'^■ to the measure of oversight and responsibility attached in regard to them to the Treasurer, as the Commissioner by order or (subject to all such orders) the Treasurer may make from time to time. The Treasurer shall supervise all books and records kept by the other Departments, and give such instructions as to the keeping of the same as he con- siders necessary. No 16 of 1902, s. 12. 13. The fiscal year of the Territory shall be the period Fiscal year from the thirtieth day of June in one year to, and including the thirtieth day of June in the next year. No. 16 of 1902, s. 13. 1 4. As soon as practicable after the close of each fiscal Public year there shall be prepared under the direction of the Treas- made ouVat'^^ urer for submission to the Council at its next session a state- end of year. ment of the public accounts for such year, showing clearly and fully the several revenues and expenditures of the Ter- ritory for the year, the state of the general revenue fund and all triist and special funds under the management of the Territorial Grovernment, and all matters requisite to explain the financial transactions and position of the Territory dur- ing and at the close of each year. No 16 of 1902, s. 14. 15. The estimates shall contain the statutory appropria- Estimates, tions which do not require to be voted upon by the Conn- ^^j* *° cil year by year, and also the respective amounts required for any service in addition to such statutory appropriations or otherwise (as the case may be) for which a vote of the Council is required to authorize the expenditure of the same. No. 16 of 1902, s. 15. 16. All expenditure of public moneys shall be made by Expenditure official cheque on a chartered bank, such cheque being ^°^fj^^^^ signed by the Treasurer and countersigned by the Commis- sioner or some person appointed by him. No. 16 of 1902, s. 16. DEPARTMENT OF THE TERRITORIAL SECRETARY. 17. The Department of the Territorial Secretary shall be Territorial presided over by the Territorial Secretary for the time being, Secretary. who shall be the head of said Department. No. 16 of 1902, s. 17. 18. The powers, duties and functions of the Territorial Duties of Secretary are as follows : Secretary (a.) He shall be the Clerk of the Yukon Council ; (b.) He shall be the keeper of the seal of the Territory ; and shall issue all letters patent, commissions and other docu. 72 Cap. 5 CONSOLIDATED ORDINANCES 0. 0. Territorial Secretary to be Registrar. ments under the said seal and countersign thesanae, and all commissions under the seal shall run in His Majesty's name ; (c.) He shall be the keeper of all registers, archives and documents of the Territory. No 16 of 1902, s. 18. 19. The Territorial Secretary shall be the Registrar of the Territory; and as such shall register all instruments of sum- mons, commissions, letters patent, writs and other instru- ments and documents issued under the seal of the Territory ; and his signature shall be proof of the fact that such regis- ters, archives, instruments of summons, commissions, letters patent, vfrits and other instruments and documents exist and are lawfully in his possession ; and any copy (signed by him) oi any document shall be equivalent to the original instrument itself in any court in the Territory, and every document or copy of document purporting to bear his sig- nature shall be deemed so to do until proof of the contrary. No. 16 of 19(2, s. 19. FEES. Fees for registering documents . 20. The Commissioner may from time to time make a tariff of fees which shall be paid for the issuing and register- ing of commissions, letters patent, licenses and other instru- ments and documents, and for the delivery of certified copies thereof or of certified extracts from the registers and archives in the Territorial Secretary's Department as here- inbefore mentioned ; and the said Territorial Secretary shall account to the Territorial Treasurer for all moneys received in virtue of such tariff or of any Ordinance in force in the Territory, in such manner as is prescribed by law or by the Commissioner, as the case may be. No. 16 of 1902, s. 20. DEPARTMENT OF WORKS AND BUILDINGS. Superinten- 21. The Department of "Works and Buildings shall be to b*e he^°of^ presided over by an officer to be called the Superintendent Degartment of Works, and Said Department shall have charge of all public works and buildings which may be constructed out of public funds. No. 16 of 1902, s. 21. of Worlis. ^ Officers. 22. The officers of said Department shall be : (a.) Superintendent of Works ; {b.) Inspector and Accountant ; (c.) Engineer; and, (d.) Clerk of Works. No, 16 of 1902, s. 22. Powers of Su- ^^' The powers, duties and functions of the Superinten- rf Work^™* dent of Works are as follows : supervise all {a) He shall have the supervision of all matters of busi- business. ^gss which may come under the jurisdiction of the Depart- 1902 PUBLIC SEEviCE Cap. 5 IB ment, initiate expenditures on new works or buildings and attend to their maintenance and repair. He shall have no power to authorize any expenditure until he has reported Ueport. to the Commissioner, 1. The necessity of such expenditure ; 2. The particular service it will render ; 3. A statement of the estimated cost ; and, 4. Such other particulars as he may be able to give in -connection with the same, and the Commissioner has ap- proved of such expenditure ; (b.) He shall certify to all bills or accounts for the con- Certify struction, maintenance or repair of public works or build- ^'"=™"*^- ings, the materials supplied for the same, the employees' salaries or wages and any other accounts which may be rendered in connection with the same ; (c.) He shall keep proper records of all works authorized, and put in writing any memorandum concerning any changes or matter in connection with the Department ; {(i.) He shall have the custody of all plans of buildings and roads in course of construction, and also of all buildings which are the property of the Grovernment ; and (e.) He shall make a report once each week to the Comis- sioner. No. 16 of 1902, s. 23. 24. The Superintendent of Public Works with the ap' Withapi)rovai proval of the Commissioner shall have power to enter into sfonere™o any contract with any person or corporation that may be enter into necessary or advisable in carrying out the provisions of any °°"*^*°*- Ordinance of the Territory but no deeds, contracts or writ- ings &hall hereafter be deemed to be binding on the Depart- ment nor shall be held to be acts of the Commissioner unless signed by him and the Superintendent of Works. No 16 of 190-2, s. 24. 25. The Superintendent of Works, when any public Security to work is being carried out by contract, and in other cases, ^^ taken. may require that security be given to and in the name of His Majesty for the due performance of the work within the amount and time specified for the completion of the work ; and in all cases where it seems to the Superintendent of Works not to be expedient to let such work to the lowest bidder, it shall be his duty to report the fact and obtain the authority of the Commissioner previous to passing- by such lowest tender, but no sum of money shall be paid to the contractor nor shall any work be commenced on any contract until the contract has been signed by all the par- ties therein named, or until any security required has been given. No. 16 of 1902, s. 25. 26. In case a contractor for the construction of, or in con- If contractor nection with, a public work let under contract with the ^o^km^^f'' Commissioner, or any sub-contractor in the construction of •74 Cap. 5 CONSOLIDATED ORDINANCES 0. 0. superintend- ent may. Provisions to apply to previous contracts. any such public work, makes default in payment of the wages of any foreman, workman or labourer employed on such work, or in payment of any sum due by the contractor or sub-contractor for labour done by such foreman, work- man or labourer, or by any team employed on the work, if the claim for such wages or sum is filed in the ofiice of the Superintendent of "Works not later than two months after the same becomes due and satisfactory proof thereof is furnished to him, he may, with the approval of the Com- missioner, cause such claims to be paid to the extent of any moneys or securities at the time of tlie filing of the said claim in the hands of the Territorial Treasurer for securing the performance of the contract. No. 16 of 1902, s. 26. 27- The next preceding section shall apply to contracts heretofore entered into, as well as contracts hereafter entered into, but without prejudice to the claims of other persons who may, before the date of the passing of this Or- dinance have acquired liens upon the contract money. No. 16 of 1902, s. 27. License Department. Duties of Chief Inspector. Duties of Chief Preven- tive Officer. LICENSE DEPARTMENT. 28- The License Department shall be divided into two branches ; one branch shall be presided over by the Chief Inspector of Licenses and the other by the Chief Preventive Officer. No. 16 of 1902, s. 28. 29* The Chief Inspector of Licenses, in addition to per- forming the duties required of him by the Liquor License Ordinance, shall have charge of, ani issue all licenses which may be issued under any Ordinance of the Territory upon being notified by the Territorial Treasurer that the necessary fee for the same has been paid. He shall also re- port to Ihe Commissioner upon all matters affecting applica- tions for licenses, and make a recommendation on the same whenever required to do so by Ordinance or by direction of the Oommissioner. He shall also see that all decisions of the Commissioner affecting his branch of the Licence De- partment are enforced, and prosecute all infractions of the law. No. 16 of 1902, s. 29. 30. The Chief Preventive Officer, in addition to perform- ing the duties required of him by the Ordinance respecting the Importation of Liquor, shall prosecute all infractions against said Ordinance, and see that all decisions of the Commissioner affecting his branch of the License Depart- ment are carried into effect. No. 16 of 1902, s. 30. Department of Education. DEPARTMENT OF EDUCATION. 31. The Department of Education shall be presided over by the Superintendent of Schools. No. 16 of 1902, s. 31. ^902 PUBLIC SERVICE Cap. 5 TS sa. The Superintendent of Schools, in addition to per- lorming the duties required of him by the School Ordinance, §Y*- ,°* shall perform the following duties : ' °°''- (a.) He shall prepare a recommendation for submission to To make the Commissioner setting forth all facts in connection with recommenda- any expenditure required in the public schools of the Terri- commissioner tory, and shall make a recommendation as to what action should be taken on the same ; and, (6.) He shall certify to all accounts for expenditure in con- To certify nection with the public schools of the Territory, and to the '"■=<=°""*^- accounts for the salaries of the school teachers, as well as the other officers under him. No. 16 of 1902, s. 32. HEALTH DEPARTMENT. 33. The Medical Health Officer, appointed under the Health Health Ordinance, shall be the head of the Health Depart- Department. ment. Ko. 16 of 1902, s. 33. 34. The Medical Health Officer, in addition to preform- Duties of Me- ing all duties required of him by the Ordinances of the '^t''^ ^^^'^^^ Territory, shall report at least once each month to the Com- ° ""''' missioner regarding the general health of the Territory, making therein such recommendations as he considers necessary to improve the health of the Territory, or to prevent the spread of disease therein. No. 16 of 1902, s. 34. GENERAL. 35. Ko money shall be. expended by the head of any Accounts to Department unless authorized by Ordinance and the said by (fom"^*"* expenditure has been approved by the Commissioner. No. missioner. 16 of 1902, s. 35. 36. The head of a Department shall satisfy himself as to Head of the necessity of all moneys applied for by officers, work- toTpprovTof men or employees of his Department, for travelling or other requisitions. expenses, and if he approves of the same, shall make a requisition upon the Treasurer for the amount required, and after approval thereof by the Commissioner, the Trea- surer shall issue a cheque therefor. No. 16 of 1902, s. 37. 37. All accounts incurred by the head or any official of Accounts to any Department for materials supplied or work done, shall decertified. be certified to by the official receiving the materials, or in charge of the work performed, that the said materials have been supplied or work performed, and that the charges therefor are fair and reasonable, before the same shall be approved of by the head of the Department, and the Treasurer shall obtain the approval of the Commissioner thereto before the same shall be paid. No. 16 of 1902, s. 38. •76 (lap. 5 CONSOLIDATED ORDINANCES CO. Commissioner 38. The Commissioner may regulate the hours of attend- attendlToa "^ ^'^ce of the employees in any Department ; and when the public service demands (in case of pressure or urgency) that additional time be given, such additional time as the head of any Department requires shall be given by all the clerks and employees without additional compensation. No. 16 of 1902, s. 39. Commissioner 3». fhe Commissioner may transfer any clerk or em- may transfer i « t\ l i. x xi. empioyees. ployee from one Department to another or assign any duties to any clerk or employee temporarily or otherwise. No. 16 of 1902, s. 40. No extra "***• No allowancc or compensation shall be made for any allowances to oxtra services whatsoever which any clerk or employee ema e. .^ required to perform. No. 16 of 1902, s. 41. Head of Department may suspend employee. 41. The head of a Department may, subject to the approval of the Commissioner, suspend from the perform- ance of his duty or from the receipt of his salary any employee guilty of improper conduct or negligence in the performance of his duties ; and may subsequently remove such suspension ; but no person shall receive any salary or pay for the time during which he was under suspension. No. 16 of 1902, s. 42. 1902 VITAL STATISTICS. Cap. 6 11 CHAPTER 6. An Ordinance respecting the Registration of Births Marriages and Deaths. SHORT TITLE. !• This Ordinance may be cited as " The Vital Statistics Short title. Ordinance." N.W.T. c. 14, s. 1. INTERPRETATION. 2. In. this Ordinance, unless the context otherwise re- quires — 1. The expression " head of the department " means the "Head of the head of the department administering this Ordinance ; Department." 2. The expression "department " means the department "Depsirt- administering this Ordinance ; ment." 3. The expression "occupier" where used in sections "Occupier." 8 and 12 of this Ordinance shall be construed to include the master, governor, keeper, warden or superintendent of a gaol, prison, penitentiary, lunatic asylum, poor asylum, hospital or other public or private charitable institution. JST.W.T., c. 14, s. 2. ADMINISTRATION. S. The Commissioner may direct this Ordinance to be Administra- administered by the head of any department ; and in the Te?rUoriai absence of any such direction the Ordinance shall be admin- Secretary. istered by the Territorial Secretary. N.W.T. c. 14, s. 3. REGISTRATION DIVISIONS — REGISTRARS. 4. For the purposes of this Ordinance the Commissioner Registration shall establish divisions for the registration of births, mar- divisions. riages and deaths occurring within the limits of such divisions and shall appoint registrars therefor. N.W.T., Reeistrars. c. 14, s. 4. 5. The department shall from time to time supply the Forms. registrars with the forms necessary for the discharge of the duties herein imposed on them ; and it shall be the duty of such registrars to apply to the department for the issue of such forms whenever they require them. •78 Cap. 6 CONSOLIDATED ORDINANCES C. 0. Monthly returns. Registrar's (2.) The cost and expenses of such forms and the expenses attendant upon the distribution thereof shall be paid out of the general revenue fund of the Territory. (3.) In case of the termination of the appointment of any registrar by death, resignation or otherwise, all such forms and other matters pertaining to his duties under this Ord- inance in his possession or that of his representative shall be forthwith delivered to his successor. N.W.T. c. 14, s. 5. 6. Each registrar shall within the first week of each month in every year transmit to the department duly certi- fied under his hand the forms containing the original entries of all births, marriages or deaths reported to him during the previous month. N.W.T. c. 14, s. 6. 7. Each registrar shall receive a fee to be paid out of the general revenue fund of the Territory of twenty- five cents for each birth, marriage or death reported to him and duly returned to the department as herein provided. N.W.T. c. 14, s. 1. REGISTRATION OF BIRTHS. Persons to 8. The father of any child born in the Territory or (in register births ^^^^ y£ j^-g (jg^th or abseuce) the mother or (in case of the death or inability of both parents) any person standing in the place of the parents or if there is no such person then the occupier of the house or tenement in which to his know- ledge the child was born or the nurse present at the birth shall within one month from the date of the birth give notice thereof to the registrar of the division in which the child was born, giving as far as possible the particulars re- quired in form A in the schedule to this Ordinance with such additional information as is required by the head of the department from time to time. N."W. T. c. 14, s. 8. Registration *• In registering the birth of an illegitimate child, it ohiidrfi*!™^*'' ^^^^^ ^°* ^® lawful for the name of any person to be en- tered as the father unless at the joint request of the mother and of the person acknowledging himself to be the father ; and in all cases of the registration of the birth of illegiti- mate children the registrar shall write the word "Illegiti- mate " in the column set apart for the name of the child and immediately under the name if any. N.W.T. c. 14, s. 9. Alterations. lO. When the birth of any child has been registered and the name (if any) by which it was registered has been al- tered or (if it was registered without a name) when a name is given it, the parent or guardian of the child or other per- son procuring such name to be altered or given may within two years next after the date of the birth deliver to the de- 1902 VITAL STATISTICS Cap. 6 "79 partment a certificate, signed by the clergyman or person who performed the rite of baptism upon ^which the name was given or altered or (if the child is not baptised) signed by the father, mother or guardian of the child or other person procuring the name of the child to be given or altered ; and the necessary additions or alterations shall be made in the margin of the form containing the original entry without making any alteration in the original entry. N.W.T. c 14. s. 10. EEGISTRATION OF MARRIAGES. 11. Every clergyman, minister, or other person author- Officiating ized by law to celebrate marriages shall be required to ripOT^™^" ^ report every marriage he celebrates to the registrar of the division within which the marriage is celebrated within one month from the date of the marriage with the particu- lars required by form B in the schedule to this Ordinance ; and in order to better enable the clergyman, minister or other person to make the report as aforesaid he shall be furnished (on demand) by the registrar of the division in which he resides with blank forms containing the particu- lars required by said form B. N. "W. T. c. 14, s. 11. REGISTRATION OF DEATHS. 13. The occupier of the house or tenement in which a Who shall death takes place or (if the occupier is the person who has de^th^ died then) some one of the persons residing in the house in which the death took place or (if the death has not taken place w^ithin a house then) any person present at the death or having any knowledge of the circumstances attending the same or the coroner atteiiding any inquest held on such person shall supply to the registrar of the division in which the death took place according to his or her knowledge or belief all the particulars required to be registered touching such death, according to form C in the schedule to this Ordinance. N. W. T. c. 14, s. 12. IS. Every registrar shall (immediately upon registering Certificate of any death or as soon thereafter as he is required so to do) registration. without fee or reward deliver to any person requiring the same for the purpose of burial a certificate according to form D in the schedule to this Ordinance that the particu- lars of such death have been duly registered. N. W. T. c. 14, s. 13. 14. Every clergyman, minister or other person who Clergyman to buries or performs any funeral or religious service for the ^g^f^^^jf ^^^ burial of any dead body (unless he has received a certifi- 80 Cap. 6 CONSOLIDATED ORDINANCES c. o. registered before burial. cate under the handof the registrar of the division in which the death took place according to form D in the schedule to this Ordinance that the particulars of the death have been duly registered) shall within one month make a return of such death according to form in the schedule to this Ordinance to the registrar of the division in which the death took place. N. "W T. c. 14, s. 14. Doctor to report cause of death. 15. Every duly qualified medical practitioner who was last in attendance during the last illness of any person shall within one month after having notice or knowledge of the death of such person transmit to the registrar of the division in which the death took place a certificate under his signature of the cause of death according to form E in the schedule to this Ordinance ; and it shall be the duty of every such medical practitioner to apply to the said regis- trar for blank forms for that purpose ; and upon the receipt of the certificate from the medical practitioner by the regis- trar he shall attach the same to the form as provided in form in the schedule hereto containing the particulars of such death. N. W. T. c. 14, s. 15. Cemetery 16. Every Superintendent, caretaker or owner of any report'buril'is cemetery or burial ground whether public or private per- uniess previ- mitting any dead body to be interred in the grounds over tered.'^^^^ which he has charge (unless he receives a certificate under the hand of the registrar of the division in which the death took place that the particulars of the death have been duly registered) shall give to the registrar within seA^en days after the burial a written notice under his hand stating- according to his knowledge, information and belief the name and residence of the deceased and the date and place at which the death and burial took place. N. W. T. c. 14, s. 16. PENALTY FOR DEFAULT OF REGISTERING. Penalty for neglect of registration. 17. If any person required by this Ordinance to report births, marriages, deaths or burials, refuses or wilfully neglects to do so within the time named, such person shall be guilty of an offence and on summary conviction thereof forfeit and pay a sum not less than |1 nor more than $50 ; and it shall be the duty of registrars to prosecute all such persons so neglecting or refusing to make the required reports within the limits of their respective divisions ; but nothing contained in this section shall prevent persons- other than registrars from prosecuting defaulters. N. W. T. c. 14, s. 17. 1902 VITAL STATISTICS Cap. 6 81 CORREOTION OF ERROHS — SUBSEQUENT REGISTRATION. 18- If it is discovered that any error has been made in Correction of the entry of any birth, marriage or death then (upon the en'try^°ete same being reported to the proper registrar) it shall be his duty to inquire into the same and if satisfied that an error has been committed it shall be lawful for him to make the necessary alteration in the margin of the form containing the original entry without any alteration in such original entry; and if the original entry of such birth, marriage or death has been transmitted to the department, he shall report to the department according to the facts of the case so as to secure the correction of such erroneous entry in the margin of the form containing the original entry. N. W. T. c. 14, s. 18. 19. Every registration of a birth, marriage or death Registration shall be made within the time specified ; but nothing here- ^^^"'^ *^° in contained shall prevent tho subsequent registration of '"'^''^" such birth, marriage or death within the period of two years. (2) After the expiration of two years after the date of any birth, marriage or death, the particulars of such birth, mar- riage or death shall not be registered except with the writ- ten authority of the head of the department and the fact of such authority having been given shall be entered in the column set apart for remarks in the registration form. N. W. T. c. 14, s. 19. RETURNS. 20. The returns of births, marriages and deaths shall be vital statis- transmitted by registrars to the department by registered tics returns to mail ; and shall be arranged, indexed and kept in the department. archives of the department ; and any person shall be entitled to have them searched during the regular business Pees for hours of the department on payment of twenty- five cents f^l^^^l^^ for each search and to require extracts duly certified by the head of the department on payment of fifty cents for each such certificate. (2) In case such searches are required to be made and extracts to be furnished before the returns have been trans- mitted to the department as required by this Ordinance, any registrar shall as to the returns in his possession allow such searches to' be made and shall furnish certified extracts on payment to him of the fee or fees as provided in this sec- tion ; but any registrar who may not have transmitted his returns as required by this Ordinance shall not allow such searches to be made or give such certified extracts after the date when such returns should have been transmitted : 6— Y. o. Cap. 6 CONSOLIDATED ORDINANCES c. o Proviso. Provided that any coroner shall be entitled to have the returns of births, marriages and deaths searched free of charge by the registrar or other officer having charge of such returns in respect of any inquiry pending before him and to receive extracts duly certified therefrom free of charge. (3) Such certified extracts shall be evidence of the entry and prima facie evidence of the facts therein stated in any court. N.W.T., c. 14, s. 20. REGULATIONS. Commissioner 21. The Commissioner may from time to time make such rSes"^ ^ further rules, orders and regulations as are required for the purpose of effectually obtaining the information required by this Ordinance. N. "W. T. c. 14, s. 21. PENALTIES AND PROSECUTIONS. Penalty for false state- ment. Place of o£Eence hereunder. 22. Any person who knowingly or wilfully makes or causes to be made a false statement touching any of the particulars required to be reported and entered under this Ordinance shall be guilty of an offence and liable on summary conviction thereof to a penalty of $25. N. "W". T. c. 14, s. 22. 23. For the purpose of proceedings under this Ordinance or any order or regulation made thereunder, every offence against this Ordinance or any such order or regulation shall be deemed to have been committed and every cause of com- plaint under this Ordinance or any such order or regulation shall be deemed to have arisen either in the place in which the same actually was committed or arose or in any place in which the person charged or complained against happens to be. N.W.T. c. 14, s. 23. 1902 VITAL STATISTICS SCHEDULE. Cap. 6 83 FOEM A,— SECTION 8. No. BEGISTRATION OF BIRTH. Registration Division of .of 19 "When Born Name Sex (male or female.) Name and surname of father. Name and surname of mother. Rank or profession of father. Description and residence of informant. Name of doctor in attendance (if any). Remarks. I hereby certify the foregoing to be true and correct Jo the best of my knowledge and belief. G-iven under my hand at the day of 19 h^ Informant. I hereby certify the foregoing to be the true and correct original entry of birth returned to me on the above men- tioned date. Griven under my hand at the day of 19 Registrar. 6J-T. o. 84 Cap. 6 CONSOLIDATED ORDINANCES 0.0. FOEM B— SECTION 11. No.., REGISTEATION OF MABRIAGE. Registration Division of .of 19 1 BEIDEanOOM. His name. | Age. Eesidence when married. Place of birth. | Bachelor or widower (b or w) Eank or profession. Eeligious denomina- tion. Names of parents. | 1 BKIDE. Her name j Age 1 Eesidence when married. Place of birth. | Spinster or widow. (s or w). Eeligious denom- ination. Name of parents. Names and resi- dences of witnesses. Date of marriage. By License or banns (l or b). Eemarks. I hereby certify the foregoing to be true and correct to the best of my knowledge and belief. G-iven under my hand at the day of 19 Officiating Clergyman. I hereby certify the foregoing to be the true and correct original entry of marriage returned to me on the above mentioned date. ' Given under my hand at the day of 19 Registrar. 1902 VITAL STATISTICS FORM 0,— SECTION 12. No, Cap. 6 .of 19 85 REGISTRATION OF DEATH. Registration Division of Name and surname of deceased. "When died. Sex (male or female.) Age. Rank or profession. "Where born. Certified cause of death and duration of illness. Name of physician (if any.) Religious denomination- Description and residence of informant. Remarks. I hereby certify the foregoing to be true and correct to the best of my knowledge and belief. Given under my hand at the day of 19 Infnrmant. I hereby certify the foregoing to be the true and correct original entry of death returned to me on the above men- tioned date, Griven under my hand at the day of 19 Registrar. 86 Cap. 6 CONSOLIDATED ORDINANCES FORM D,— SECTION 13. 0. 0. I, Division ot particulars of the death of have been duly registered. G-iven under my hand at 19 , Registrar of the Registration , do hereby certify that the this day of Registrar. FORM E,— SECTION 15 Registration Division of Name and surname of deceased. Sex, Resi- dence. Rank or profession, Duration of illness. Cause of death. I here'by certify the foregoing to be a true and correct certificate of the cause of the death of the person therein named. G-iven under my hand at this day of ,19 M.D. 1902 STEAM BOILERS Cap. 1 81 CHAPTER 7. An Oi^dinance respecting the Inspection of Steam Boilers and the Examination of Engineers Operating the Same. SHORT TITLE. 1. This Ordinance may be cited as " The Steam Boiler Short title. Ordinance." N.W.T., c. 11, s. 1. INTERPRETATION. 2« 111 this Ordinance unless the context othe. wise re- Interpreta- qnires — *'°"- 1. The expression " boiler " does not include boilers used " Boiler." for heating water for domestic purposes or low pressure steam heating boilers unless the pressure exceeds fifteen pounds per squ?xe inch or railway locomotive or steam-boat boilers but means and includes all other steam boilers and every part thereof or thing connected therewith and all apparatus and things attached to or used in connection with any such boiler ; 2. The expression " owner " means and includes any " Owner." person, firm or corporation, the owner or lessee of a boiler and the manager or other head ofl&cer in charge of the business of any such firm or corporation ; 3. The expression " engineer " means any person having " Engineer." charge of or operating a steam boiler under the provisions of this Ordinance ; 4. The expression "inspector" means any inspector of "inspector." steam boilers appointed by the Commissioner of the Yukon " Commis- Territory under the provisions of this Ordinance. N.W.T., s'™®"^-" c. 17, s. 2. INSPECTION OF STEAM BOILERS. 3. The Commissioner of the Yukon Territory may appoint Appointment an inspector or inspectors of steam boilers for the Territory °^ inspectors. for the purpose of carrying out the provisions of this Ordinance and may fix the remuneration to be paid such inspector or inspectors. N.W.T., c. 1*7, s. 3. Inspectors to 4. No person holding the ^office of inspector under the -J^^tCTe"? in provisions of this Ordinance shall be either directly or in- sale of boilers directly interested in the sale of boilers or steam machinery. machSery N.W.T., c. 11, s. 4. ■ 88 Cap. 1 CONSOLIDATBD ORDINANCES 0. O. Oath of office' 5. Every inspector appointed under the provisions of to be taken, ^j^-^ Ordinance shall before entering upon the performance of his duties take and subscribe an oath that he will faith- fully and impartially perform the duties of his office. N. W. T. c. IT, s. 5. Duties of 6. The inspectors appointed under this Ordinance shall — inspectors. ^^^ Inspect all new steam boilers within their respec- tive districts before the same are used ; (b) Once at least in each year subject all boilers within their district to hydrostatic pressure test ; (c) Satisfy themselves by a thorough examination in- side and out and by a hammer test after the hydro- static pressure that the boilers are well made and of good and suitable material ; (d) See that the openings for the passage of water and steam respectively and all pipes and tubes exposed to heat are of proper dimensions and free from obstruction ; {e ) See that the flues are circular in form ; (/) Satisfy themselves that the friction (fire line) of the furnace is at least two inches below the prescribed minimum water line of the boiler ; ( g) See that the arrangements for delivering the feed water are such that the boilers cannot be injured thereby ; (h) Satisfy themselves that such boilers and their steam connections may be safely employed without peril to life ; (i) See that the safety valves are of suitable dimensions sufficient in number and properly arranged ; {j ) See that the safety valve, weights or springs are properly adjusted so as to allow no greater pressure in the boilers than the amount prescribed by the inspection certificate ; {k) See that the boiler is provided with a sufficient number of gauge cocks and a properly inserted fusible plug so placed as to fuse by the heat of the furnace whenever the water in the boiler falls below its prescribed limits ; (I) Satisfy themselves that adequate and certain pro- vision has been made for an ample supply of water to feed the boiler at all times so that in high pres- sure boilers the water shall not be less than four inches above crown of flue sheet in upright boilers ; (to) Satisfy themselves that means for blowing out are provided so that mud, sediment or scale may be removed while the boiler is under steam. N.W.T., c. 11, s, 6. Certain boilers 7. The provisious of this Ordinance respecting the inspec- exempte ^-^^ ^j boilers shall not apply to any boiler insured and 1902 STEAM BOILERS Cap. ^ 89 inspected by any duly incorporated boiler insurance com- from operation pany doing business in Canada if the owner or owners of ordinance. such boiler shall when required by an inspector appointed under the provisions of this Ordinance produce the certificate of ins|)ection from such company. N.W.T., c. Vj, s. Y. 8. For the purpose of seeing that the provisions of this inspectors Ordinance are complied with any of the inspectors appoint- may inter ed under this Ordinance may at any reasonable hour enter p''®"''^''*'- upon any lands or into any building where any steam boiler is operated. (2.) Any person interfering with or obstructing any in- spector in the performance of his duties under this Ordin- ance shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $100. N.W.T., c. 11, s. 8. 9. Every owner of a boiler shall cause it to be inspected Boilers to be at least once in each and every year by an inspector appoint- ™^^ufjf*^ ed under the provisions of this Ordinance and shall pay to such inspector a fee of $10 for such inspection, such fee to be forwarded by the inspector to the Territorial Treasurer to be credited to the general revenue fund of the Territory. (2.) TJpon the completion of any inspection the inspector Certificate shall issue to such owner a certificate of such inspection in '° ^^'^"'^■ accordance with form " A " in the schedule hereto. (3.) Such certificate shall be produced at any time by the Production owner upon the demand of an inspector appointed under *'^^''®°f- the provisions of this Ordinance. (4 ) Any one who employs a person to operate a steam boiler who has not a certificate or permit under this Ordin- ance shall be guilty of an infraction of this Ordinance, N.W.T., c. 1*7, s. 8. 10. In subjecting to hydrostatic tests boilers usually de- Hydrostatic signated as high pressure inspectors shall assume one *®^*^' hundred and twenty -five pounds to the square inch as the maximum pressure allowable as a working pressure for new boilers of forty-two inches diameter, made in the best manner of plates one-fourth of an inch thick of good materials. N.W.T., c. Il, s. 10. 11. Inspectors shall rate the working pressure of all Working boilers according to their strength as compared with the ^f^^^^^g^ standard provided in the next preceding section, but the working pressure allowed in the operation of any boiler shall not exceed three- fourths of the hydrostatic test pressure to which such boiler has been subjected at the time of the inspection. N.W.T., c. 17, s. 11. 12. In addition to the annual inspection of all boilers Owner to )air boili .en required required by this Ordinance it shall be the duty of each in- ^^^^^^""^^^ 90 Cap. 7 CONSOLIDATED ORDINANCES C. 0. Unsafe boiler not to be used. Penalty. Provision of fusible plug. Steam gauge. spcctor to examine and inspect at any time any boilers which may be reported to him to be in an unsafe condition and to notify in writing the owner or person using such boiler to make such repairs as he deems necessary in order to render such boiler serviceable and safe for use. N.W.T., c. 1^, s. 12. 13. Any boiler declared to be unsafe by an inspector shall not be used until such repairs as are ordered by the inspector have been made, and any person operating a boiler declared to be unsafe by an inspector before the repairs ordered by the inspector are completed shall be guilty of an offence and upon summary conviction thereof liable to a penalty of $100. N.W.T., c. lY, s. 13. 14. Every steam boiler shall be provided with a fusible plug of good banca tin inserted in the flues, crown sheet or other part of the boiler most exposed to the heat of the fur- nace when the water therein falls below the prescribed limit so that the plug will fuse and* put the fire out. N. • "W.T., c. 11, s. 14. 15. Every steam boiler shall be provided with a reliable steam gauge of approved make. N.W.T., c. lY, s. 15. Inspector to have free access for inspection. Owner or operator to assist inspector. 16. The owner or operator of any steam boiler shall allow the inspector free access to the same and shall furnish water and fill the boiler to permit of the hydrostatic test being made and when necessary shall remove any jacket or cover- ing from the boiler as directed by the inspector. He shall also assist the inspector in making his inspection and shall point out any defect that he may know of or believe to exist in the boiler or machinery connected therewith. N.W.T., IT, s. 16. c. Boiiersin 17. Inspectors shall have the right at all reasonable construction hours to examine boilers in course of construction or under- or repair may goinff repair and to refuse to grant a certificate of inspection for any boiler found to be improperly constructed or repaired or of which permission to make such inspection has been refused. N.W.T., c. 17, s. 17. Record to be kept. 18. Every inspector shall keep a true record of all boilers inspected and all repairs ordered by him, of all boilers con- demned by him as unsafe, of all accidents to boilers in his district whether by explosion or otherwise and of all casualties in connection with boilers in his district. N.W. T., c. 17, s. 18. Annual report. , 19. Every inspector shall render annually on or before the thirty-first day of January in each year a concise report to the Commissioner of all inspections made by him during 1902 STEAM BOILERS Cap. Y 91 the preceding year and of all accidents and casualties that may have happened connected with the operation of steam boilers within his district. N.W.T., c. 11, s. 19. ENGINEEKS. 20« Any person not holding a final or provisional certifi- Oijeratirig^ cate of qualification as an engineer under this Ordinance ^°thout who at any time operates any steam boiler or is in charge certificate. of any steam boiler while in operation whether as owner or as engineer shall be liable on summary conviction to a penalty of not less than $10 and not more than $100. N. Penalty. W.T., c. IT, s. 20. 21. The holder of a certificate of qualification as an Certificates engineer from any incorporated body authorized to grant ^^^^hoM^ such certificates of qualification for operating steam boilers certificates of and engines or from the Dominion or any Provincial govern- qualification. ment or from any competent authority in any other portion of the British Empire or the United States shall be entitled upon making application to the Commissioner and upon payment of a fee of $5 to obtain a certificate of qualification as an engineer and to be registered under the provisions of this Ordinance. (2.) Any person who has upon the date of the passing of Provisional this Ordinance been during two years engaged in the <=*''''i*'<='>t^- operation of any steam boiler or boilers, upon producing a certificate of his uniform good conduct and sobriety from the owner or owners by whom he has been employed (if he is not himself the owner) and also from some responsible person not connected with the business of such owner or owners and a resident in the district in which such boiler or boilers have been so operated, shall be entitled on making application to the Commissioner within six months after the said date and upon payment of $5 to receive a provisional certificate of qualification for any period not exceeding one year. (3.) The holder of a provisional certificate of qualification pinai may at any time after the issue of such certificate upon the certificate to- recommendation of any inspector be granted a final certifi- provisional cate of qualification as an engineer and be registered certificates. under the provisions of this Ordinance upon payment of a fee of $5. (4.) Before issuing a recommendation for the registra- Bxaminatioa tion of and issue of a final certificate to the holder of any provtslonai"^ provsional certificate as provided by subsection 3 of this certificate. sectiion, the inspector shall thoroughly examine the holder of such provisional certificate as to his knowledge of the construction, care, and operation of stationary steam boilers and engines and shall satisfy himself of the competency of the holder of such provisional certificate before recom- 92 Cap. 1 CONSOLIDATED ORDINANCES 0. 0. Cancellation of certificate. mending that he be registered and granted a final certificate under the provisions of this Ordinance. (5.) The Commissioner may upon due cause being shown cancel any certificate issued under the provisions of this Ordinlance. (6.) Provided that the provisions of this section shall not apply to boilers and engines used in the working of placer mining claims, in which case a boiler or engine may be operated by any person producing satisfactory evidence of good conduct, sobriety and sufficient experience to an inspector, who on application therefor shall grant a permit to such person to operate such boiler or engine. A fee of $3 shall be paid to the inspector for every such permit issued by him. N.W.T., c. 17, s. 21. No. 14 of 1891, s. 1. Appeal from inspector. 22. Any candidate who considers he has been unfairly dealt with by the inspector may appeal in writing to the Commissioner setting forth such grievance and the Com- missioner shall at once cause such charge to be investigated and shall give a decision in the matter which shall be final. N.W.T., c. 11, s. 22. Certificate to be posted or produced to inspector. Absence or non-produc- tion of certificate. 23. Every person holding a certificate under this Ordin- ance shsll expose it in some conspicuous place in the engine or boiler room in- which he is employed or cause it to be attached to the engine or boiler of which he is in charge and in default shall be liable upon summary Conviction to a penalty of not less than $10 and not more than $-50. (2.) If such person be employed in charge of a portable engine and boiler he shall produce his certificate for inspec- tion on being required so to do by any inspector. (3.) The absence of such certificate or its non-production on demand shall be prima facie evidence that the person operating the engine and boiler has no certificate. N.W.T., c. 17, s. 23. Year's service requisite. Examination to follow. 21. Any person (other than those mentioned in section 21 of this Ordinance) who may desire to qualify for regis- tration and to obtain a certificate entitling him to operate steam boilers and engines connected therewith in the Territory shall serve twelve months as assistant to the holder of a final certificate issued in accordance with the provisions of this Ordinance and at the expiration of such term shall pass an examination before one of the inspectors appointed under this Ordinance to prove that he has the necessary knowledge of the construction, care and operation of stationary steam boilers and engines connected there- with ; if the inspector conducting such examination is satisfied as to the knowledge and qualification of the candi- date and also as to his having served the term of twelve months as herein provided he shall issue a certificate to 1902 STEAM BOILERS Cap. 1 93 tliat effect. Upon filing this certificate with the Commis- sioner and paying a fee of $5 the candidate shall be duly registered and granted a final certificate. (2.) Each candidate examined by an inspector as above Fee. provided shall pay such inspector a fee of $5 for such examination. (3.) Provided that this section shall not apply to boilers or engines used in the w^orking of placer mining claims, subject to the provisions of subsection 6 of section 21, N.W.T., c. 11, s. 24; No. 14 of 1901, s. 9. 25. In case any owner of a steam boiler shows to the Persons acting satisfaction of an inspector that he is unable by reason of ^"pgrtlfied some unforeseen occurrence to immediately secure the ser- engineer. vices of a duly qualified person to operate such boiler the inspector may grant a permit to any person producing satisfactory evidence of good conduct and sobriety and sufficient experience to operate such boiler for a period of six months from the date of such application and in such case no penalty shall be incurred by reason of operating such steam boiler during the period covered by such permit. < (2.) A fee of $5 shall be paid to the inspector for every Fee for permit such permit issued by him. N.W.T., c. 1*7, s. 25. REGULATIONS AND FORMS. 2G. The Commissioner of the Yukon Territory may from Regulations time to time make such regulations and prescribe such forms *°''™^' as may be deemed necessary for the proper carrying into effect of the provisions of this Ordinance. N.W.T., c. 1*7, s. 26. 27- The fees payable under this Ordinance shall be paid Fees. into the general revenue fund. N.W.T., c. 17, s. 27. PENALTIES. 28. Any person guilty of a breach of any of the pro- Penalties. visions of this Ordinance for which no provision is herein made shall on summary conviction thereof be liable to a penalty not exceeding $100. N.W.T., c. 17, s. 28. 94 Cap. 1 CONSOLIDATED ORDINANCES C. 0. SCHEDULE. Form A, — Section 9 CEETIFIOATE OF INSPECTION OF STEAM BOILER I hereby certify that I have this day inspected the steam boiler and steam connections owned by of in the district of and described as follows : and having applied hydrostatic pressure, hammer test and carefully examined the said boiler and connections have found the same in condition and therefore authorise a steam presure of pounds as a working pressure for the said boiler and no more. Dated this day of A.D., 19 This certificate expires on the day of 19 Inspector. 1902 FERRIES Cap. 8 96 CHAPTER 8. An Ordinance respecting Ferries. SHORT TITLlC. !• This Ordinance may be cited as " The Yukon Ferries Short title. Ordinance." No. 1 of 1899, s. 1. INTERPRETATION. 2. In this Ordinance, unless the context otherwise re- interpreta- -qnires— *'°°- (1) The term "Ferry" or "Ferries" means any scow, "Ferry." barge or boat used for the purpose of carrying passengers, freight, vehicles, or animals across any river or other body -of water ; (2) The term "Licensee" means any person or persons " License." holding a license to operate a ferry in accordance with the provisions of this Ordinance. No. 7 of 1899, s. 2. LICENSES. 3. Subject to the provisions of this Ordinance the Com- Commissioner missioner may at any time issue a license to any person or uoSs. persons for the establishment and operation of a ferry or ferries on any river, stream or other body of water in the Territory, granting the exclusive right to maintain and operate the said ferry or ferries within the limits specified in such license and upon such terms as to him may seem fit. No. 7 of 1899, s. 3. 4. No license shall be granted for — Terms of (a) A longer term than one year ; icense. {b) A greater limit than one half mile up and one half mile down the stream, measured along the stream from the point at which the ferry is operated as specified in the license ; (c) Any ferry of which the scow, barge or boat is not of sufficient capacity to carry safely one wagon containing two thousand pounds, together with two horses or other draught animals attached thereto. No. 7 of 1899, s. 4. 5. The maximum rate of tolls which may be charged for to each crossing by means of a licensed ferry shall be fixed from time to time by the Commissioner, and in every ferry 96 Cap. 8 CONSOLIDATED ORDINANCES 0. 0. license granted the maximum rate of tolls which can be collected shall be specified. No. 7 of 1899, s. 5. Fee for 6. The fee to be paid by a licensee on receiving a ferry license. Hcense as hereinbefore provided shall be $*75. No. 7 of 1899, s. 6. Hours. '7' Licensed ferries shall be run at all hours of the day and night (Sundays included) at which they are required, unless in cases in which loss of life or injury to or loss of property is likely to result therefrom ; but in every case in which a ferry is used after nine o'clock in the evening or before six o'clock in the morning, double the rates specified in the license for such ferry may be charged. No. 7 of 1899, s. 7. Xo toll to be *• Notwithstanding anything contained in this Ordin- ohUd^ren^and°^ aucc, uo toll shall be charged for children going to or mails. returning from school, and in no case shall His Majesty's mail be obstructed or charged more than the rates that may be charged according to the terms of the license between the hours of six o'clock in the morning and nine o'clock in the evening. No. 7 of 1889, s. 8. Licensee may 9. If the Water in any stream, river or other body of shaiiowwater. Water upou which the license for the operation of a ferry has been issued, becomes too shallow to permit of such ferry being operated, the licensee shall provide and keep a small boat or canoe with which he shall transfer foot passengers and their baggage across such stream, river or other body of water, and for such service the licensee shall be allowed to charge the fees prescribed in his license for like services by means of the ferry. No. 7 of 1899, s. 9. Licensees to 10« The immediate approaches to every ferry shall be '^^^P , . kept in such order and condition by the licensee as is order. ncccssary to make the ferry accessible at all times for loaded vehicles and animals attached thereto without danger or injury. No. 7 of 1899, s. 10. Ferry not to 11- A ferry on any stream, river, or other body of water . block ford. |.]jg^.j. j^g^y ijg fordable at any time, shall not be used to block up or injure such ford or fords or the landing therefrom, nor shall the licensee do any act which will make the ford of any such stream, river, or other body of water, more difficult or dangerous than it would otherwise have been. No. 7 of 1399, s. 11. License to l^* Every ferry license granted shall specify the kind specify size of aj^,j gjge of SCOW, barge or boat to be used in such ferrviiig, SCOW COHQl- ' o J zji tions, &c. the limits of the stream, river, or other body of water with- 1902 FBRRIES Cap. 8 91 in which such ferry is to be operated, the period of time covered by such license, the conditions, the non-fulfilment of which shall subject the license to cancellation ; and the provisions, reservations and liabilities provided by this Ordinance shall apply to every such license. No. T of 1899, s. 12. IS. Every person holding a ferry license shall keep at schedule of all times, posted up in a conspicuous place on such ferry, a fees to be schedule certified by the Commissioner, showing the ^^ ^°^ ^ ' authorized ferry rates for the difierent hours of crossing. No. 1 of 1899, s. 13. 14. The Commissioner may from time to time appoint Commissimer such person as he sees fit to inspect and report on the iJJgpector"™* condition of any ferry, or with reference to the complaint of any person using or desiring to use such ferry ; and if at any time the person or persons holding the ferry license fail to comply with the written instructions of the Com- missioner by neglecting to repair any scow, barge or boat used in connection with such ferry, or to provide a new scow, barge or boat in place of any one considered as being unsafe, or by not providing safe and sufficient immediate approaches to such ferry, he or they shall forfeit his or their license. No. 7 of 1899, s. 14. 15. Any licensee using insulting language to, or ill- Offences. treating any person using or desiring to use such ferry, or wilfully injuring any property in transit across such ferry, shall be guilty of an offence, and shall be liable upon summary conviction thereof to a penalty not exceeding $100, and in default of payment thereof to be imprisoned Penalty. for any period not exceeding three months, and shall also forfeit his license for such ferry. (2) Upon any licensee being convicted before a justice of Penalty for the peace of violating any of the terms or conditions of his termsT license or of this Ordinance, he shall be liable on summary license. conviction thereof to a penalty not exceeding $50, and in default thereof to imprisonment for any period not exceed- ing one month and shall be further liable to forfeit his license under the directions of the Commissioner. No. T of 1899, s. 15. 16. No conviction, as provided by the next preceding conviction section, shall be a bar to the ordinary civil suit for dam- ^°*J'^^?,fi ages by the person upon whose complaint the conviction suit. was obtained. No. 1 of 1899, s. 16. 17. All money received for ferry licenses, fees or bonuses, j-ees received, under this Ordinance, shall be deposited to the credit of the ^""^t^^^f^^f^^f^ general revenue fund of the Yukon Territory. No. 1 of revenue fund. 1899, s. 17. 1—Y. o. Cap. 8 CONSOLIDATED ORDINANCES C. 0. Licensee liable for damages. Penalty for running ferry without license. Penalty for refusing to pay tolls. 18. Every person holding a ferry license shall be liable for all damages that may occur to persons or property, while using such ferry, resulting from any carelessness of such licensee or his agent or from any insufficiency in the strength or suitability of any of the appliances used in connection with the ferry. No. 7 of 1899, s. 18. 19. Any person taking, carrying or conveying, across any stream, river or other body of water, any person or personal property, or any vehicle or animal, in any scow, barge, or boat, or on any raft or other contrivance, for hire or reward, or hindering or interfering with any licensee in any way, shall be guilty of an offence, and upon summary con- viction thereof shall be liable to a penalty of not exceeding $100 for each such offence, and in default of payment to imprisonment for any period not exceeding three months. No. 1 of 1899, s. 19. 20. If any person using an authorized ferry refuses to pay the authorized toll or rates chargeable for ferrying him- self or his property, the licensee of such ferry may forth- with seize any property in the possession of the offender then being ferried and hold the same, and such person shall be guilty of an offence, and upon summary conviction thereof shall be liable to a penalty of $50, and in default of payment thereof to imprisonment for a period not exceed- ing two months ; and the property so seized shall be liable for payment of the fine and the tolls and the costs of the prosecution, and may be sold under distress warrant to satisfy such charges. No. 1 of 1899, s. 20. 1902 HEALTH Cap! 9 99 CHAPTER 9. An Ordinance respecting the Public Health. SHORT TITLE. !• This Ordinance may be cited as " The Yukon Health Short note. Ordinance." No. 20 of 1902, s. 1. ■ INTEKPKETATION. 3. In this Ordinance, unless the context otherwise interpreta- reqnires, the expressions hereinafter mentioned shall have 'i°"- and include the following meanings : (1) "Local Board" means the Board of Health for any "Local city or town ; Board." (2) " Owner " means the person for the time being " Owner." receiving the rent of the lands or premises in connection with which the word is used, whether on his own account or as agent or trustee of any other person, or who would so receive the same if such lands and premises were let ; (3) " House " includes hospitals, schools, factories and «< House." other buildings, huts and tents used for human habitation or work, whether such use is permanent or temporary and whether the same are stationary or movable ; (4) " Street " shall include every highway, road, square, "Street." lane, court, alley and passage, whether a thoroughfare or ,« not. No. 20 of 1902, s. 2. MEDICAL HEALTH OFFICER. 3. The Commissioner may appoint a duly qualified Commissioner medical practitioner of not less than five years' standing in ™ay. appoint his profession, to act as medical health officer for the Yukon Health Territory. No. 20 of 1902, s. 3. Offi<»'- 4. The Medical Health Officer with the approval of the MedioaL Commissioner may from time to time make sanitary regu- Health Officer lations for the prevention of infectious and contagious dis- ^o^_ '^^^ *" eases, for the relief of persons sufiering therefrom and for the burial of persons who have died thereof, and such orders may be enforced by penalties therein expressed, not to exceed four hundred dollars for any one offence. Such Penalty. regulations shall be published in the Yukon Official Gazette, TJ— T. o. 100 Cap. 9 CONSOLIDATED ORDINANCES c. a and the production of any copy of tke Yukon Official Gazette containing any such regulation shall be prima facie evidence of the making, date and contents thereof. No. 20 of 1902, s. 4. May make regulations for clearing streets and removing nuissances cleaning houses, &c. preventing spread of burial of dead supplying medical aid preventing disease cpflnpulsary vaccination vaccinating indigents fixing periods of quarantine enforcing ordinance by local board commissioner may establish quarantine 5. The Medical Health Officer may by such sanitary regulations proyide : 1. For the frequent and effectual cleansing of the streets, yards and outhouses by the owners or occupiers of houses and tenements adjoining thereto, or by the local health authorities ; 2. For the removal of nuisances : 3. For cleansing, purifying, ventilating and disinfecting houses, churches, buildings and places of assembly, railway stations, steamboats, railway carriages and cars, as well as other public conveyances by the owners or the persons having the care thereof ; 4. for regulating, in order to prevent the spread of infec- tious disease, the entry or departure of boats or vessels run- ning between points in the Yukon Territory at the differ- ent ports or places in said Territory and the landing of pas- sengers or cargoes from such boats or vessels, or from, rail- way carriages or cars or scows, and receiving passengers or cargoes on board the same ; 5. For the safe and speedy burial of the dea,d and the conduct of funerals, for the purpose of preventing the spread of infectious diseases as aforesaid ; 6. for supplying medical aid and accommodation and medicine, and such other articles as are deemed necessary for regulating any epidemic, endemic or contagious disease ; 7. For preventing or mitigating such epidemic, endemic or contagious disease in such other manner as to him seems expedient ; 8. For the compulsory vaccination in the Yukon Ter- ritory or in any part or section thereof, or in any city or town ; 9. For the expense of the vaccination of such persons as are unable to pay therefor ; 10. For prescribing the periods of quarantine and the formulae of disinfection ; 11. For securing the enforcement of this Ordinance by local boards. No. 20 of 1902, s. 5. 6. The Commissioner may declare any area or district or any steamboat, boat or vessel running between points in the Yukon Territory in quarantine because of the exist- ence therein or thereon of any contagious or infectious dis- ease, and may appoint any medical practitioner as health officer, and may appoint a sanitary inspector or sanitary inspectors for such district or steamboat during the con- tinuance of such quarantine and may, subject to the pro- visions of this Ordinance, prescribe their powers, duties and remuneration. No. 20 of 1902, s. 6. 1902 HEALTH Cte. 9 \ established to the satisfaction of the Commissioner by ditnre. reasou of the inability of any person or the friends of any person who may be suffering from any infectious or con- tagious disease to provide for such person the medi(^l aid, accommodation, and such other services or articles neces- sary to mitigate or prevent the spread of any such disease the Commissioner may in his discretion authorize the Medical Health Officer or any other person to provide such medical aid, accommodation or other service or article as may be required for such person, and the cost of the same may be defrayed out of the general revenue fund. No. 20 1902, s. 34. DISEASE OUTSIDE THE TERRITORY. Ingress from ^^r* "When any part of the Territory becomes exposed to distr. affected any contagious, infectious or epidemic disease then existing CTf^ed.^ '^'^"^ in any place outside the Territory, the Commissioner may declare that such disease exists in such place as aforesaid and proscribe all ingress to the Territory therefrom for a period to be named in such order. No. 20 of 1902, s. 35. GENERAL. Repiiationsto 35. The regulations set forth in the schedule to this be m force. Ordinance shall be in force throughout the Territory until altered or amended under the provisions of this Ordinance, and it shall be the duty of all constables and peace officers to enforce their observance. No. 20 of 1902, s. 36. 1902 HEALTH Cap. 9 109 SCHEDULE. 1. No person shall suffer the accumulation upon his Nottoacou- premises, or deposit, or permit the deposit, upon any lot "'"'.rem'isls^^ belonging to him, of anything which may endanger the "° p'^®™^®^- public health, or deposit upon, on or into any street, any manure or other refuse, or vegetable or animal matter or filth. 2. No person shall offer for sale as food any diseased Not to offer animal, or any meat, fruit, fish, vegetables, milk or other aSmaffor article of food which, by reason of disease, adulteration, ^^'^■ impurity or any other cause, is unfit fos. use. 3. All privies, privy vaults and cesspools shall be regu- Privies to be larly emptied by the occupant of the premises vvhereon rig^Xriy. they are situated, at least once a week during the period from June 1st to October 1st. 4. All putrid and decaying animal or vegetable matter Putrid matter shall be removed from all cellars, building or out-buildings ° «*''^™°^e . and yards on or before the 1st day of May in each year. 5. Every householder and every hotel and restaurant Garbage to keeper or other person shall dispose of all garbage for the *e disposed of disposal of which he is responsible, either by burning the same, or by placing it in a proper covered receptacle, the contents of which shall be regularly removed as often as twice a week. 6. Between the 15th day of May and the 1st day of Hogs 'o be November no hog shall be kept within the limits of any ''^ ^° ^™^' district, except in pens seventy-five feet from any house, with floors kept free from standing water and regularly cleansed. *7 The keeper of every livery or other stable shall keep Livery stables his stable and yard clean, and shall not permit between the oiean'^'*^' 15th day of May and the 1st day of November, more than two wagon loads of manure to accumulate in or near the same at any one time, except by permission of the Medical Health Officer. 8. No animal affected with any infectious or contagious Animal infeo- disease shall be brought or kept within any district. No. oontl^ous 20 of 1902. disease not to be exported. 110 Cap. 9 CONSOLIDATED ORDINANCES c. o. FOEM A,— SECTION 22. REPORT OF CONTAGIOUS AND INFECTIOUS DISEASES. Attended by Dr of during the month of A.D. 19. . . Name of Patient. Age. Sex. Residence. Remarks. Dated at this day of A.D. 19. .M.D. 1902 HOSPITALS Cap. 10 111 CHAPTER 10. An Ordinance to regulate Public Aid to Hospitals. SHORT TITLE. !• This Ordinance may be cited as " The Hospitals Ordi- Short tit\e. nance" N. W. T., c. 10, s. 1. INTERPRETATION. 2. In this Ordinance, unless the context otherwise interpretation requires — 1. The expression " free patient " means every person "Freepatient" admitted to a hospital for actual treatment and stay by or for whom or on whose behalf no money is paid or given or money's worth given for such treatment or stay. 2. The expression " partially free patient " means every "Partia,iiy person admitted to a hospital for actual treatment and *'^^ ^**^^"*" stay by or for whom or on whose behalf only part of the cost of such treatment and stay is paid in money or money's worth. N. W. T., c. 20, s. 2. GRANTS IN AID OF HOSPITALS. 3. Aid from the general revenue fund of the Territory Hospitals may be given to hospitals named in the schedule to this ^^'^Ji ™ay Ordinance upon the terms and under the provisions of this Ordinance. N. W. T., c. 20, s. 3. 4. In case of public moneys being appropriated for the Grants from purposes of this Ordinance by the Commissioner in Council ^^eys. every such hospital complying with the requirements of this Ordinance and of all orders made by the Commissioner hereunder, shall receive in each year aid from such moneys to the extent and amount following that is to say : — 1. Every such hospital shall have and receive 50 cents per day for each day's actual treatment and stay of every patient ; 2. Every such hospital shall have and receive an addi- tional grant of $2 per day for each day's actual treatment and stay of every partially free patient admitted to or being within such hospital during the calendar year for which such aid is granted less the number of days represented by any money's worth given for such treatment and stay at the cost of $4 per day. 3. Every such hospital shall have and receive an addi- tional grant of $2 per day for each day's actual treatment of every free patient admitted to or being within such hospital during the calendar year next preceding that for which such aid is given. N. W. T., c. 20, s. 4. 112 Cap. 10 CONSOLIDATED ORDINANCES C. 0. When apprspriation insufficient. 5. If in any year the aggregate aid payable under this Ordinance shall exceed the amount of money so appro- priated then every such hospital shall only receive such sum as will bear the same proportion to the amount of aid which but for this section it would receive as the amount of money so appropriated bears to such aggregate aid as aforesaid. N. W. T., c. 20, s. 5. When and how returns to be made. BETUENS. 6" The Commissioner may from time to time fix and direct the particulars to be contaijied in and the form, manner and time of making returns and shall fix and direct the form and manner of the oath, afl&rmation or declara- tion required for the verification ol any such return and the person or persons by whom such oath shall be made. N. W. T., c. 20, s. 6. INSPECTION OF HOSPITALS. Inspection 7. The Commissioner may from time to time appoint an of hospitals, inspector or inspectors to visit and inspect every such hospital and make all proper inquiries as to the main- tenance, management and affairs thereof; and by examina- tion of the registers and by such other means as he or they deem necessary all and every such inspector or inspec- tors shall particularly satisfy himself or themselves as to the correctness of any returns made under this Ordinance or under any order of the Commissioner in that behalf; upon all which matters he or they shall make a report to the Commissioner. N. W. T., c. 20, s. ^. Penalty for making false return. FALSE RETURNS. 8. Any person who knowingly and wilfully makes or is a party to or procures to be made directly or indirectly any false return either under this Ordinance or any Order of the Commissioner shall on summary conviction incur a penalty of $500. N. W. T., c. 20, s. 8. Extension of aid to other hospitals. EXTENSION TO OTHER HOSPITALS. 9. The Commissioner may by order direct that any institution similar to those named in the schedule hereto shall be thereafter taken as named in the said schedule ; and thereupon and thereafter any such institution shall receive aid under this Ordinance after the manner and to the same extent as the institutions named in the said schedule. N. W. T., c. 20, s. 9 SCHEDULE. The Grood Samaritan Hospital, Dawson. St. Mary's Hospital, Dawson. 1902 PUBLIC MATTERS Cap. 11 113 CHAPTER 11. An Ordinance respecting Commissioners to make Inquiries concerning Public Matters. !• The Commissioner of the Yukon Territory may, Commissioner when he deems it expedient to cause inquiry to be may appoint ,., , -T .,i?,s.. commissioners made into and concerning any matter withm the juris- to enquire diction of the Council of the said Yukon Territory, appoint ^*°t^"g'''^° commissioners to make such inquiry and report thereon. n TSTo. 24 of 1899, s. 1. 2. He may, by the commission by which he appoints He may them, confer upon the commissioners the power of sum- c^niTslioners moning witnesses before them and to require such witnes- to summon ses to give evidence on oath, orally or in writing, or on w'itnesses mi solemn affirmation if they are persons entitled to affirm in oath. civil matters, and to produce such documents and things as the commissioners may deem requisite to the full inves- tigation of the matters into which they are appointed to inquire ; and the commissioners shall have the same power to enforce the attendance of witnesses, and to com- pel them to give evidence, as is vested in any court of record in civil cases. No. 24 of 1899, s 2. 8— Y. o. 114 Cap. 12 CONSOLIDATED OKDINANOES 0. 0. CHAPTER 12. An Ordinance respecting the Removal of Trespassers from Public Property. Sheriff or Police Officer to eject persons from public property at request of Commis- 1. The Sheriff of the Yukon Territory, or any member of the North-west Mounted Police force of the Yukon Terri- tory, shall, when required in writing from time to time by the Commissioner of the said Territory, eject all persons and remove all buildings, goods and chattels, whether attached to the realty or not, from 1. Dawson water front on the West side of First avenue in Dawson aforesaid and from the banks and shores of the Yukon river adjoining such waterfront, and 2. From any public street or highway laid out by proper authority in the Yukon Territory, and 3. From any Dominion lands in said Territory and from any lands which were Dominion lands until sold by the Commissioner or by the officer authorized to sell such lands, and which have been sold, and 4. From any public property, and 5. From any portion of such waterfront, banks, shores, street, highway, lands or property designated in such writ- ing, and such Sheriff or member shall- deliver possession of the same to His Majesty the King represented in that behalf by the said Commissioner, or to such person or per- sons as the Commissioner directs. No. 23 of 1901, s. 1. Other persons 2. Every persou shall, when required by the Sheriff, or Sheriff* ^7 *^® member of said force to whom such writing is directed, assist in such ejectment, and every peace officer and member of said force shall, when so required, assist in such ejectment and removal. No. 23 of 1901, s. 2. No action 3. No action shall be brought against any Sheriff, mem- or Offiofr''^"*^ ber of said force or against any person for any act done in performing or assisting to perform the requirements of such writing. No. 23 of 1901, s. 3. "1902 PROTECTION OF MINERS Cap. 13 115 CHAPTER 13. An Ordinance for the Protection of Miners. SHORT TITLE. !• This Ordinance may be cited as " The Miners,' Pro- Short title. tection Ordinance." No. 38 of 1901, s. 1. APPLICATION. 2. This Ordinance shall apply to every mine of whatever Application. description within the Yukon Territory. No. 38 of 1901, s. 2. INTERPRETATION. 3- In this Ordinance and in any special rules made interpreta- under the provisions of this Ordinance unless the context 'io"- otherwise requires : — 1. "Mine" includes every shaft in the course of being "Mine." sunk, and every level and inclined plane in the course of being driven for commencing or opening any such mine, or for searching for or proving minerals, and all the shafts, levels, planes, works, machinery, tramways, railways and sidings both below and above ground, in and adjacent to a mine, and any such shaft, level, and inclined plane of and belonging to the mine ; 2. " Shaft " includes pit and slope ; "Shaft." 3. " Inclined plane " includes slope ; ' ilne^'"®'^ 4. " Plan " includes a map and section or sections, and «p^an" a correct copy or tracing of any original plan as so defined ; 5. " Owner," in relation to any mine means any person "Owner." or body corporate who is the immediate proprietor, or lessee, or occupier of any mine, or of any part thereof, and does not include a person or body corporate who merely receives a royalty or rent from a mine, or is merely the proprietor of a mine subject to any lease, grant or license for the working thereof, or is merely the owner of the soil, and not interested in the minerals of the mine, but any contractor for the working of any mine or any pfirt thereof shall be subject to this Ordinance in like manner as if he was an owner, but so as not to exempt the owner from any liability ; 8J— Y. o. 116 "Agent." Cap. 13 CONSOLIDATED ORDINANCES 0. o. 6. " Agent " in relation to any mine means any person having on behalf of the owner, care or direction of any mine or other part thereof. No. 38 of 1901, s. 3. Commission may appoint Inspector. OFFICERS. 4. The Commissioner may from time to time appoint suitable, competent, practical persons to act as Inspectors under this Ordinance and may define the limits of the district within which each such inspector may perform his duties and exercise his powers. No. 38 of 1901, s. 4. Duties of Inspector. Power of Inspector. DUTIES OF INSPKCTOR. 5. It shall be the duty of every Inspector : — 1. To visit and inspect from time to time every mine within the district for which he is Inspector. 2. To ascertain that the provisions of this Ordinance and of any special rules made thereunder are complied with and that the mines are worked with duo regard to the safety and protection of the persons employed therein. 3. To investigate every case where (a.) Loss of life or any personal injury to any person employed in or about any mine in such district occurs by reason of any explosion of gas, powder or other explosive or of any steam boiler, or, {b.) Loss of life or any serious personal injury to any person employed in or about any such mine occurs by reason of any accident whatever. 4. To report to the Commissioner of the Yukon Terri- tory all information in regard to any such case and to notify the Public Administrator of every case of loss of life with all particulars in regard thereto. No. 38 of 1901, s. 5. INSPECTION. 6. The Inspector shall have power to do all or any of the following things, namely — 1. To make such examination and inquiry as is neces- sary to ascertain whether the provisions of this Ordinance relating to matters above ground or below ground are complied with in the case of any mine ; 2. To enter, inspect and examine any mine and every part thereof at all reasonable times by day and night but so as not to impede or obstruct the w^orking of the mine ; 3. To examine into and make inquiry respecting the state and condition of any mine or any part thereof, and the ventilation of the mine, and the suflB.ciency of any special rules for the time being in force in the mine and all matters and things connected with or relating to the 1902 PROTECTION OP MINERS Cap. 13 117 safety of the persons employed in or about the mine or any mine contiguous thereto ; 4. To exercise such powers as are necessary for carrying this Ordinance into eflFect. (2.) Every person who wilfully obstructs the Inspector in the execution of his duty under this Ordinance, and every owner, agent and manager of a mine who refuses or neglects to furnish to the Inspector the means necessary for making an entry, inspection, examination or inquiry under this Ordinance in relation to such mine, shall be guilty of an offence against this Ordinance. No. '68 of 1901, s. 6. 7. If in any respect (which is not provided against Proceeding if by any express provision of this Ordinance, or bv anv ^"5"^°*?'^ , •' ■ ^ T \ ,^ T L n ^ ■ ^ ' finds mine to special rule) the inspector nnds any mine, or any part be dangerous. thereof, or any matter, thing or practice in or connected with any mine, to be dangerous or defective, so as in his opinion to threaten or tend to the bodily injury of any per- son, the Inspector may give notice in writing thereof to the owner, agent or manager of the mine, and shall state in such notice the particulars in which he considers such mine or any part thereof, or any matter, thing or practice, to be dangerous or defective, and require the same to be remedied ; and unless the same is forthwith remedied the Inspector shall report the same to the Commissioner. (2.) If the owner, agent or manager fails to comply with the requisition of the notice within ten days from the date of such notice he shall be guilty of an oflfence against this Ordinance. (3.) The Commissioner, if satisfied that the owner, agent or manager has taken active measures for complying with the notice but has not with reasonable diligence been able to complete the works, may adjourn any proceedings taken before him for punishing the offence, and if the works are completed within a reasonable tiine no penalty shall be inflicted. (4.) No person shall be precluded by any agreement from doing such acts as are necessary to comply with the pro- visions of this section, or be liable under any contract to any penalty or forfeiture for doing such acts. No. 38 of 1901, s. 1. 8. Where it appears to the Commissioner that a formal Commissioner investigation of any accident in any mine or of any matter ™^y authorize connected with the working of any mine is expedient, the hold investig- Commissioner may direct the Inspector to hold such inves- ^*^°5g°^jg tigation, and with respect to any such investigation the following provisions shall have effect : 1. The Inspector shall make such investigation in such manner and under such conditions as he thinks most effec- tual for the making of a full investigation. 118 Cap. 13 CONSOLIDATED OEDINANCES C. 0. 2. The Inspector for the purposes of the investigation shall have all the powers of a commissioner appointed under Chapter 11 of the Consolidated Ordinances of the Yukon Territory, and all the powers conferred upon the Inspector by this Ordinance and as part thereof or in addition thereto the following powers, viz. : — (a.) Power to enter and inspect any mine, building or place, the entry or inspection of which appears to the inspector expedient ; (b.) Power by summons signed by the Inspector to require the attendance of any person and to require of such person such answers or returns to inquiries as the Inspec- tor thinks fit ; (c.) Power to require the production of any book, paper or document which the Inspector thinks important upon such investigation ; (d.) Power to administer an oath. 3. Any person attending before the Inspector in obedi- ence to any such summons shall be allowed the fee paid to a witness attending a trial in the Territorial Court. 4. Any person who without reasonable excuse either fails to comply with any summons requiring him to attend before the Inspector upon any such investigation or refuses to produce any document which he is required by the Inspector to produce, or prevents or impedes the Inspector when engaged in such investigation, shall for each offence be liable to a penalty not exceeding four hundred dollars or to imprisonment for a term not exceeding thirty days, and in addition thereto, may be proceeded against in the Territorial Court as for contempt of such court. 5. The Inspector shall make a report of such investi- gation which the Commissioner shall cause to be made public at such time and in such manner as he thinks fit. 6. Any expense incurred in and about any such inves- tigation shall be paid out of the general revenue fund. No. 38 of 1901, s, 8 CORONEKS' INQUEST. Provisions as 9. "With respect to coroners' inquests on the bodies of inquests!™ pcrsons whose deaths may have been caused by explo- sions or accidents in mines, the following provisions shall have effect : 1. When a coroner holds an inquest on the body of any person whose death may have been caused by an explosion or accident, of which notice is required by this Ordinance to be given to the Commissioner or Inspector, the Coroner, whenever practicable, shall immediately notify the Inspec- tor for the district of his intention to hold such inquest and in the absence, non-arrival or non-attendance of the Inspec- tor, the Coroner shall adjourn such inquest whenever practi- 1902 PROTECTION OF MINERS Cap. X3 119 cable to enable the Inspector or some other properly quali- fied person appointed by the Commissioner to be present to watch the proceedings. 2. The Coroner at least four days before holding the adjourned inquest shall send to the Commissioner or to the Inspector for the district notice in writing of the time and place of holding such adjourned inquest. 3. The Coroner before the adjournment may take evi- dence to identify the body and may order the interment thereof. 4. The Ia3p3ctor or sa"/h oth^r pardon so a ppointed, and a person appointed by the workmen of the mine at which the explosion or accident occurred shall be at liberty at any such inquest to examine any witnesses, subject, neverthe- less, to the order of the Coroner. 6. "Where evidence is given at an inquest at which the Inspector or such other person so appointed is not present, of any neglect as having caused or contributed to the explosion or accident, or of any defect in or about the mine appearing to the Coroner or jury, to require a remedy, the Coroner shall send to the Inspector notice in writing of such neglect or defect. 6. Any person having a personal interest in, or employed in, or in the management of the mine in which the explo- sion or accident occurred, or any relative of the deceased person upon whose body the inquest is to be held shall not be qualified to serve on the jury empanelled on the inquest, or to act as Coroner therein, and it shall be the duty of the constable or other officer not to summons any person dis- qualified under this provision, and it shall be the duty of the Coroner not to allow any such person to be sworn or to sit on the jury. Y. If, in the opinion of the Inspector, it will lead to a more thorough investigation, and will be more conducive to the ends of justice, he may require the constable or other officer to summons as jurymen not more than three work- ing men employed at any other mine than that at which the explosion or accident occurred, who shall form part of the jury sworn in such inquest. 8. Every person who fails to comply with the provi- sions of this section shall be guilty of an oflPence against this Ordinance. No. 38 of 1901, s. ,9. EMPLOYMENT OP BOYS. lO. No boy of or above the age of twelve years, and Boys not to be under the age of sixteen years shall be employed either ^^1°^^^ " about or allowed to be for the purposes of employment in or about any mine below or above ground for more than forty-eight hours in any one week, or for more than eight hours in any one day except in case of accident or emergency. 120 Cap. 13 CONSOLIDATED ORDINANCES C. 0. (2.) For the purposes of this section a week shall be deemed to begin at midnight on Saturday night and to end at midnight on the succeeding Saturday night. (3.) No boy of or above the age of twelve years and under the age of sixteen years shall be permitted to work in or about any mine below or above ground unless he is able to read and write and is familiar with the rules of arithmetic as far as, and including division, and furnishes a certificate to that effect from a duly licensed teacher or from the Inspector of the district in which he is employed. (4.) Every such teacher and every such Inspector shall without requiring payment of any fee, upon the applica- tion of any boy desiring employment, make the necessary examination of the boy and grant him such certificate, if he is found to be entitled to the same, and any such teacher or inspector refusing' to make such examination and grant such certificate shall be liable to a penalty not exceeding twenty dollars. No. 88 of 1901, s. 10. PAYMENT OF WAGES. Wages not to ^^' ^° wages shall be paid to any person employed in or be paid in about any mine at or within any public house, road house or pubUc houses. p;[a,ce for the sale of any spirits, beer, wine or other spiritu- ous or fermented liquors. No. 38 of 1901, s. 11. Contravention 12. Every person who contravenes or permits any person ?e°an™ffenoe'° ^° Contravene the provision of the next preceding section* shall be guilty of an offence against this Ordinance, and in the event of any such contravention by any person whom- soever the owner, agent and manager shall each be guilty of an offence against this Ordinance unless he proves that he had taken all reasonable means to prevent such contra- vention. No. 38 of 1901, s. 12. SHAFTS. Shafts to have 13. The owuer, agent or manager of a mine shall not llusTovi^il' employ any person in the mine or permit any person to be ing and lower- in the mine for the purpose of employment therein unless ingmen. ^j^^ following conditions respecting shafts or outlets are complied with ; that is to say : 1. Proper apparatus for raising and lowering persons at every shaft or outlet shall be kept on the works belonging to the mine, and such apparatus if not in actual use at the shafts or outlets shall be constantly available for use. All buckets, tubs and other vessels in which goods and ma- terials and other things are lowered into or raised from the mine shall be safely attached to the rope, cable or other means by which the same are lowered or raised so as to obviate all danger to persons beneath the same. 1902 PROTECTION OF MINERS Cap. 13 121 2. Every owner, agent or manager who acts in contra- Owner negieo- yention of or fails to comply with this section shall be guilty proper appar-^ of an offence against this Ordinance. atus guilty 3. The Territorial Court or any judge thereof whether p„° !"°,!' w J J o (_/ourt may by any other proceedings have been taken or not, may upon injunction the application of the Crown Prosecutor prohibit by in- ^oA^kig of junction the working of any mine in which any person is mine not employed or is permitted to be for the purpose of employ- appLrltu™^^"^ ment in contrarention of this section or of any other sec- tion of this Ordinance, and may award such costs in the matter of the injunction as the court or judge thinks just ; but this provision shall be without prejudice to any other remedy permitted by law for enforcing the provisions of this Ordinance. 4. Written notice of the intention to apply for such in- Written notice junction in respect to any mine shall be given to the owner, app"yTo'r°°'° agent or manager of the mine not less than two days before injunction to the application is made, ownerl^'^ °" 5. No person shall be precluded by any agreement from Actsnecessary doing such acts as are necessary to comply with the pro- ^i4°ordman visions of this Ordinance or be liable under any contract to oe aUowed. any penalty or forfeiture for doing such acts as are neces- sary in order to comply with the provisions of this Ordin- ance. No. 38 of 1901, s. 13. 14. When in or about any mine whether above or Loss of life or below ground either, P^^^°;ti „,;„« 1. Loss of life or any personal injury to any person em- to be reported ployed in or about the mine occurs by reason of the ex- *°oner!'"^^ plosion of gas, powder or other explosive, or of any steam boiler, or, 2. Loss of life or any serious personal injury to any per- son employed in or about the mine occurs by reason of any accident whatever, the owner, agent or manager of the mine shall within twenty-four hours next after the ex- plosion or accident send notice in writing of the explosion or accident, and of the loss of life or personal injury oc- casioned thereby to the Commissioner and to the Inspector for the District, and shall specify in such notice the charac- ter of the explosion or accident, and the number of persons killed or injured, and as soon after as possible, and before the end of each year a return of facts relating to such acci- dent or explosion in the form given in the schedule to this Ordinance. (2.) Where any personal injury of which notice is required ?°*Jw° ^ to be sent under this section results in the death of the senttocom- person injured, notice in writing of the death shall be sent ?^g^^g°°oj ^'^'^ to the Commissioner and to the Inspector for the District wft?iin 24 within twenty-four hours after such death comes to the hours. knowledge of the owner, agent or manager. (3.) Bvety owner, agent or manager who fails to act in Failure to compliance with this section shall be guilty of an offence offeno""''"" ™ against this Ordinance. No. 38 of 1901, s. 14. 122 Cap. 13 CONSOLIDATED ORDINANCES C 0. Notice of change of ownership or opening or closing of mine to be sent to commissioner. 15» In any case, — 1. Wherever, any change occurs in the name of the owner, agent or manager of any mine or in the oifices of any incorporated company which is the owner of any such mine, or, 2. Where any working is commenced for the purpose of opening any such mine, or, 3. Where any mine is abandoned or the working thereof discontinued, or, 4. Where the working of a mine is recommenced after an abandonment or discontinuance for a period exceeding two months, the owner, agent or manager of such mine shall give notice thereof to the Commissioner within two months after such commencement, abandonment, discontinuance, recom- mencement or change ; and if such notice is not given the the owner, agent or manager shall be guilty of an offence against this Ordinance, provided that this section shall not apply to placer mines. No. 38 of 1901, s. 15. ABANDONED MINES. Abandoned shafts to be fenced. 16. Where any mine is abandoned or the working thereof discontinued at whatever time such abandonment or discontinuance occurs the owner thereof and every other person interested in the mineral of such mine shall cause the top of the shaft and any side entrance from the surface to be, and to be kept securely fenced for the prevention of accidents. Provided that, 1. Subject to any contract to the contrary, the owner of the mine shall, as between himself and any other person interested in the minerals of the mine be liable to carry into effect this section and to pay the costs incurred by any other person interested in the minerals of the mine in carrying this section into effect ; and, 2. Nothing in this section shall exempt any person from any liability under any other Ordinance, act, law or other- wise. (2) If any person fails to act in conformity with this sec- tion he shall be guilty of an offence against this Ordinance. No. 88 of 1901, s. 16. Rules. Ventilation. GENERAL RULKS. 17. The following general rules shall be observed as far as is reasonably practicable in every mine : — Rule 1. An adequate amount of ventilaition shall be constantly produced in every mine to dilute and render harmless 1902 PROTECTION OF MINERS Cap. 13 123 noxious gases to such an extent that the working places of the shaft levels and workings of the mine shall be in a fit state for working and passing therein. Rule 2. All entrances to any place in a mine not in actual course Entrances to of working and extension, shall be properly fenced across ™orking°to the whole width of such entrance so as to prevent persons be fenced. inadvertently entering the same. Rule S. If at any time it is found by the person for the time being Workingmen in charge of the mine or any part thereof, that by reason of mines where™ noxious gases prevailing in such mine or such part thereof there are or of any cause whatever, the mine or the said part is " " dangerous, every workman shall be withdrawn from the mine or such part thereof as is so found dangerous, and no workman shall, except in so far as is necessary for inquiring into the cause of danger or for the removal thereof or for exploration be re-admitted into the mine or such part thereof as is so found dangerous until the same is made safe. Rule Jf.. The following provisions shall relate to the use of any Explosive. explosive in a mine : {a) It shall not be stored in a mine ; (6.) It shall not be taken into a mine except in a secure case or canister containing not more than six pounds ; (c.) A workman shall not have or use at any one time in any one place more than one of such cases or canisters. Rule 5. Every underground plane on which persons travel where signals. the produce of the mine is carried by cars which are self- acting or worked by an engine, windlass or gin, shall be provided (if exceeding thirty yards in length) with some proper means of communicating distinct and definite sig- nals between the stopping places and the ends of the plane and shall be provided in every case at intervals of not more than twenty yards with sufficient man-holes for places of refuge, and every back or counter balance used for rais- ing or lowering minerals, if exceeding thirty yards in length unless exempted in writing by the Inspector, shall be provided with some proper means of communicating distinct signals between the lower end and between the entrance of every working place thereon for the time being in work and the upper end thereof 124 Cap. 13 CONSOLIDATED ORDINANCES Jiule 6. 0.0. Manholes. (1.) Every road on which persons travel underground, where the produce of the mine in transit exceeds ten tons in any one hour over any part thereof and where the load is drawn by a horse or other animal, shall be provided, where there is not standing room of at least two teet, at in- tervals of not more than twenty-five yards, with sufficient manholes or with places of refuge, and every such place of refuge shall be of sufficient length and of at least three feet in width between the wagons running on the tram road and the side of such road ; (2) Where the load is drawn by machinery or other mechanical appliances and there is not standing room of at least two feet, there shall be provided at intervals of not more than fifteen yards, sufficient manholes or places of retuge, and every such place of refuge shall be of sufficient length and of at least three ieet in width between the wagons running on the tram road and the side of such road ; (3) "Whenever in the opinion of the Inspector the precau- tions required by this rule with respect to roads over which the produce of the mine is drawn by machinery or other mechanical appliances are not sufficient for the safety of the men travelling thereon, he may require the owner, agent or manager of such mine to provide a separate travelling road. Bule 7. Manholes to Every man -hole and every place of refuge shall be kept be kept clear. Q^g^r, and no persou shall place anything in a man-hole or place of refuge so as to prevent access thereto. Rule 8. Air shafts to The top of every shaft which for the time being is out of be fenced. ^gg ^^ used only as an air shaft shall be kept securely fenced. Rule 9. Wherenaturai "Where the natural strata are not safe every working or ^^™*^^°'^j|**® pumping shaft shall be securely cased, lined or otherwise made secure. Rule 10. The roof and sides of every travelling road and working place shall be made secure and a person shall not unless appointed for the purpose of exploring or repairing travel or work in any such travelling road or working place unless the same is so made secure. Roof and sides of travelling road working places and to be made safe. 1902 PROTECTION OF MINERS Cap, 13 125 Rule 11. Every working shaft used for the purpose of drawing Working minerals or for the lowering or raising of persons shall if than so'yirds exceeding fifty yards in depth and not exempted in writing deep to be by the Inspector, be provided with guides and some proper |uardi^fnd'*^ means of communicating distinct and definite signals from signals. the bottom of the shaft, and from every entrance for the time being in use, between the surface and the bottom of of the shaft to the surface and from the surface to the bot- tom of the shaft and to every entrance for the time being in use between the surface and the bottom of the shaft. Rule 12. A sufficient cover over head shall be used for every cage Cages to have or tub employed in lowering or raising persons in any °°''^'^' working shaft, except where the cage or tub is worked by a windlass or where persons are employed at work in the shaft or where a written exemption is given by the Inspec- tor. Rule IS. Single linked chain shall not be used for lowering or Single linked raising persons in any working shaft or place except for the be used"£or'° short coupling chain attached to the cage or load. cages. Rule IJf. There shall be on the drum of every machine used for p™ms to T . . . 1^1 J 1 have nanges. lowering or raising persons such flanges or horns, and also if the drum is conical such other appliances as are sufficient to prevent the rope from slipping. Rule 16. There shall be attached to every machine worked by Machines to steam, water or mechanical power and used for lowering or ^*^® brakes. raising persons an adequate brake and also a proper indica- tor, in addition to any mark on the rope, showing to the person who works the machine the position of the cage or load in the shaft. Rule 16. Every fly-wheel and all exposed and dangerous parts of Fly-wheels to the machinery used in or about the mine shall be and be ^^ fenced. kept securely fenced. Rule 17. Every steam boiler shall be provided with a proper steam steam boiler guage and water gauge to show, respectively, the pressure *°^^J«p'^°p«' of steam and the height of water in the boiler and with a proper safety valve. 126 Ladders not to be vertical. Cap. 13 CONSOLIDATED ORDINANCES Rule 18. CO A ladder permanently used for the ascent or descent of persons in the mine shall not be fixed in a vertical or over- hanging position, but shall be inclined at the most con- venient angle which the space in which the ladder is fixed allows ; and every such ladder shall have substantial plat- forms at intervals of not more than twenty yards. Rule 19. Accommoda- If more than twelve persons are ordinarily employed in to be provided the mine below ground sufficient accommodation shall be fOTlhan^kig*^ provided above ground near the principal entrance of the dresses. mine and not in the engine room or boiler room for en- abling the persons employed in the mine to conveniently and with comfort dry and change their dresses. No person to damage or remove appliances for safety of mine. Rule W. No person shall wilfully damage or without proper au- thority remove or render useless any fence, fencing, casing, lining, guide, means of signalling, signal, cover, chain, flange, horn, brake, indicator, ladder, platform, steam gauge, water gauge, safety valve or other appliance or thing pro- vided for any mine in compliance with this Ordinance. Rule m. Directions for Every persou shall observe such directions as are given 3ose^ve^*° ^^ "with respect to working as are given to him with a view to comply with this Ordinance or any special rules in force under this Ordinance in the mine. Rule 2%. Machinery A Competent persou or persons who shall be appointed andappiianoes for the purpose shall once at least in every twenty-four ined every hours examine the state of the external parts of th^ naachin- ery, and the state of the head gear, working places, levels, planes, ropes, chains and other works of the mine which are in actual use and once at least in every week shall ex- amine the state of the shafts by which persons ascend or descend and the guides or conductors therein. 24 hours. Miners may appoint two persons to inspect. Rule 33. Persons employed in a mine may from time to time appoint two of their number to inspect the mine at their own cost and the persons so appointed shall be allowed once at least in every month accompanied if the owner, agent or manager thinks fit, by himself or one or more of the officers of the mine to inspect the shafts, levels, planes, work- ing places, return air- ways, ventilating apparatus, old wort 1092 PROTECTION OF MINERS Cap. 13 X2*7 ings and machinery, and shall be afforded by the owner, agent and manager and all persons in the mine every facility for the purposes of inspection, and shall make a true report of the result of such inspection and such report shall be recorded in the book to be kept at the mine for the purpose and shall be signed by the persons who make the same. Eule 2Jt. (L) The majority of the workmen at any mine may Miners may appoint a person to examine the seat of any accident re- peraor to suiting in the death or injury of any person. examine seat (2.) Every person who does not comply with or contra- °f a'="'^s"*- venes any of the general rules of this section shall be guilty of an offence against this Ordinance, and in the event of any non-compliance with or contravention of any of such general rules in the case of any mine by any person whom- sover being proved, the owner, agent and manager shall each be guilty of an offence against this Ordinance unless he proves that he had taken all reasonable means to pre- vent such non-compliance or coutravention by publishing and to the best of his power enforcing the said rules as regulations for the working of the mine. (3) The Commissioner may from time to time make such additional rules as in his opinion appears necesary to better secure the safety of persons engaged in or about any mine, and non-compliance with or contravention of any rule so made shall be deemed non-compliance with or contravention of a general rule under this section. Rule 25. Provided that Rules 6, 13, 15, 16, 18, 22 and 23 shall not Certain rules apply to placer mines. No. 38 of 1901, s. 17. pi"ace°r mfnes!° NOTICES. 18. All notices required by this Ordinance shall be in Notices. writing or print or partly in writing and partly in print ; and all notices and documents required by this Ordinance to be served or sent by or to the Commissioner or Inspector may be either delivered personally or served and sent by post by prepaid registered letter, and if served or sent by post shall be deemed to have been served and received respectively at the time when the letter containing the same would be delivered in the ordinary course of post ; and proving such service or sending it shall be snflScient proof that the letter containing the notice was properly addressed and put in the post. No. 38 of 1901, s. 18. 128 Cap. 13 CONSOLIDATED ORDINANCES 0. 0. PENALTIES. Penalties. 19. EvBTy person employed in or about a mine other than an owner, agent or manager who is guilty of any act of omission which in the case of an owner, agent or manager would be an offence against this Ordinance shall be guilty of an offence against this Ordinance. (2.) Every owner' agent or manager who is guilty of an offence against this Ordinance shall be liable to a penalty not exceeding two hundred dollars. (3.) If such an offence is committed or continued after notice thereof, given by the Inspector, a further penalty of twenty-five dollars for each violation or for each day that such violation continues after such notice shall be im- posed. (4 ) Every person other than an agent, owner or manager who is guilty of an offence against this Ordinance shall be liable to a penalty not exceeding fifty dollars. (5.) No prosecution shall be instituted against any owner, agent or manager for an offence against this Ordinance except — (a) by the Inspector, or, (6) with the consent in writing of the Commissioner, or, (c) by some person appointed by the Commissioner, or, (d) by some person employed in or about the mine in respect to which the offence -was committed appointed in writing to institute such prosecution by not less than ten persons so employed. (6.) If it appears that a boy was employed on the repre- sentation of the parent or guardian that he was of the age at which his employment would not be a contravention of this Ordinance, and under the belief in good faith that he was of such age, the owner, agent or manager of the mine shall notwithstanding that the boy was not of such age, be exempt from any penalty in respect to such employment, and the parent or guardian shall for the misrepresentation be deemed guilty of an offence against this Ordinance. (T.) In any prosecution or other procedure against any owner, agent or manager for an offence against this Ordi- nance such owner, agent or manager shall be discharged if he proves to the satisfaction of the tribunal before which the same is tried that he took all reasonable means to prevent the commission of such offence. (8.) Any complaint or suit made or brought in pursuance of this Ordinance shall be made or brought within six months from the time when the matter of such complaint or suit came to the knowledge of the prosecutor. (9.) "Where a penalty is imposed under this Ordinance for neglecting to send a notice of any explosion or accident or for any offence against this Ordinance which has occasioned loss of life or personal injury, the Commissioner may, if he 1902 PROTECTION OF MINERS Cap. 13 12& thinks fit, direct -such penalty to be paid to or distributed among the persons injured and the relatives of any person whose death has been occasioned by such explosion, acci- dent or offence, or among some of them. PfbTided that such persons did not in his opinion occasion or contribute to occasion the explosion or accident and did not commit and were not parties to the commission of the offence. (10.) Except as in this Ordinance otherwise provided, all penalties imposed in pursuance of this Ordinance shall be paid on receipt of the same into the general revenue fund. No. 38 of 1901, s. 19. SCHEDULE. (Section 14.) Form of Notice of Explosion or Accident. Name of mine Date To the Commissioner of the Yukon Territory and to the In- spector of the District Sirs: — In pursuance of the Miners' Protection Ordinance I beg to give you notice that an explosion (or accident) has occurred at this mine, of which the following are the particulars... - Place where accident occured . — Date of the accident Character of the accident If from explosion, whether of gas, explosive or steam boiler • •••■■••••••■•(•■■■■■•■■••I •■••»••••••••••• <••■■■*••••■■•■■••■■•■...•■> • • ■ • Number, ages and names of persons killed.... Number and names of persons injured seriously Number and names of persons injured slightly Number and relation of persons dependent on persons killed I am, sirs. Your obedient servant. (Signature.) 9— Y. o. 130 Cap. 14 CONSOLIDATED ORDINANCES 0. o CHAPTER 14. An Ordinance for the better Regulation of traffic on Highways. interpretation 1. The expression "highway" means and includes all "Highway". p^Tjiic wagon Toads, streets, lanes and bridges not within the limits of a municipality and the land on each side of public wagon roads to a distance of thirty-three feet from the centre line thereof No. 9 of 1902, s. 1. Vehicles meeting to turn to the right. Vehicle overtaken by another to turn to right. 2. If a person travelling or being upon a highway in charge of a vehicle drawn by one or more horses, or one or more other animals, meets another vehicle drawn as aforesaid, he shall turn out to the right from the centre of the road, allowing to the vehicle so met one half of the road. No. 9 of 1902, s. 2. *$• If a person travelling or being upon a highway in charge of a vehicle as aforesaid, or on horseback, is over- taken by any other vehicle or horseman travelling at a greater speed, the person so overtaken shall turn out to the right and allow the said vehicle or horseman to pass. No. 9 of 1902, s. 3. Vehicle overtakinig another to turn to left. ^- If a person travelling upon a highway in charge of a vehicle or upon horseback, overtakes any other vehicle or horseman, it shall be the duty of such person to turn out to the left, and if he finds it impracticable to turn out as aforesaid, he shall so regulate the speed of his vehicle or horse as to allow the overtaken vehicle or horseman to pre- cede him to some point on the highway where such turning out to the left and a passing can safely be affected. No. 9 of 1902, s. 4. ' If vehicle cannot turn as required must stop while other passes. 5* If one vehicle is met or overtaken by another and by reason of the extreme weight of the load on either of the vehicles so meeting, or the vehicle so overtaken, the driver finds it impracticable to turn out as aforesaid, he shall immediately stop, and, if necessary for the safety of the other vehicle, and if required so to do, he shall assist the person in charge thereof to pass without damage. No. 9 of 1902, s. 5. 1902 TRAFIC ON HIGHWAYS Cap. 14 131 ©• After the 1st day of January, 1903, it shall be unlaw- Wide tires to ful for any wagon or vehicle carrying a load of more than foadrove^ two thousand pounds weight avoirdupois to be drawn or 2000 lbs. driven on any of the public highways unless the tires of such wagon or vehicle are at least four inches in width. No 9. of 1902, s. 6. Y" It shall be sufficient prima ^acie evidence that any Prima facie wagon or vehicle has, contrary to the provisions of this ^g°°g°* Ordinance, carried a load of more than two thousand pounds weight, for any credible witness to state upon oath that to the best of his judgment and opinion, the wagon or vehicle in question, at the time of the alleged infraction of this Or- dinance carried a load of more than two thousand pounds weight, and upon such evidence being given the onus shall be cast upon the party charged of disproving that the load exceeded two thousand pounds. No. 9 of 1902, s. "7. 8. No person carrying loads on any highway shall use Between more than one pair of horses for each loaded wagon or certain dates vehicle from the 15th day of April to the 31st day of May, more°than one both inclusive, and from the 15th day of September to the pair horses. 30th day of October, both inclusive, except otherwise pro- vided by proclamation. No 9 of 1902, s. 8. 9. No person shall allow any water to run on, over or Not to allow across any highway from any flume, ditch or sluice box ^uioeboTto owned or used by him unless he conducts the same across run across said highway by an overhead flume at a sufficient height not '^'s'^^^y- to interfere with traffic, or under said road by a culvert, ap- proved of by the Superintendent of Works. No. 9 1902, s. 9. 10. No person shall fill up any ditch alongside a high- No one to fill way, and if any person requires to cross a ditch, he shall "^ ^ ° • build a bridge across the same. No. 9 of 1902, s. 10. 11. No person shall build a dam across any creek running Not to build near a highway without putting a waste gate in the same ^a™r'ate"' so as to prevent the waters of the creek from flooding the highway. No. 9 of 1902, s. 11. 12. Any person who contravenes or permits the contra- Persons vention of any of the provisions of this Ordinance shall be tobL^gul^ty of deemed guilty of an offience against this Ordinance. No. 9 offence. of 1902, 6. 12. IS. The following acts, practices matters and things shall what to be be deemed to be ofiences against this Ordinance, viz.: offeuoel 1. Leaving or keeping a wagon standing upon any high- way without leaving a space of eight feet clear on one side of the road. 9^— Y. o. 132 Cap. 14 CONSOLIDATED ORDINANCES 0.0. Power of Justice of the Peace. Penalty. 2. Leaving any portion of the chains, yokes or other harness, or of the cargo or apparatus of any horse or team within five feet of the centre of any highway. 3. Erecting any building or other premises, piling cord- wood, or wilfully placing or keeping any obstruction on any part of any highway, whelher by day or night. No. 9 of 1902, s. 13. 14. Upon being satisfied by information upon oath made before him that there exists any practice, matter or thing constituting an offence against this Ordinance, any Justice of the Peace may issue his warrant under his hand for the removal of the cause of such offence and to do what is ne- cessary to comply with the provisions of this Ordinance, and may entrust the execution of such warrant to any cons- table or other person, and the person or persons causing the offence aforesaid shall upon summary conviction there- of, be liable to pay, in addition to any other penalty by this Ordinance imposed for such offense, all costs and expenses incurrred in and about the removal of the cause of the offence, or to comply with the provisions of this Ordinance as afore- said, to be recoverable in manner provided for the recovery of penalties. No. 9 of 1902, s. 14. 15. Any person guilty of an offence against this Ordi- nance shall, upon summary conviction thereof before a Jus- tice of the Peace, be liable to a penalty not exceeding $500.00, and in default of immediate payment to imprison- ment for a period not exceeding three months. No 9 of 1902, s. 15. 1902 PROTECTION OF BRIDGES Cap. 16 133 CHAPTER 15. An Ordinance for the protection of Bridges. !• Every person who rides or drives any animal or vehicle Penalty for over any bridge or causeway at a pace greater than a walk- bridg?f aster ing pace, shall be liable to a penalty not exceeding fifty than at a dollars, and in default of payment, to imprisonment for a '^^^' term not exceeding thirty days. No. 28 of 1901, s. 1. 2. Every person who moors, makes fast, or in any way Penalty for attaches any raft, steamboat, vessel, boat, barge or other ^°°g™|.g ^^ floating body to any bridge or to any pier, pile, trestle or bridges. abutment of the same shall be liable to a penalty not exceeding one hundred dollars, and in default of payment to imprisonment for a term not exceeding sixty days. No 28 of 1901, s. 2. 134 Cap. 16 CONSOLIDATED ORDINANCES O. 0. CHAPTER 16. An Ordinance Establishing A Yukon Official Grazette. Saturday 1. Until provision is made for the publication of a ptirely Offiotr Official G-azette, the " Yukon Sun," published on Saturdays, Gazette. shall be and is hereby declared to be the Yukon Official Gazette., No. Vl of 1901, s. 1. 135 TITLE III. RELATING TO THE ADMINISTRATION OF JUSTICE. CHAPTER 17. An Ordinance respecting the Administration of Civil Justice. SHORT TITLE. !• This Ordinance may be cited as " The Judicature Ordi- Title. nance." N.W.T., c. 21, s. 1. INTERPRETATION OF TERMS. 2. In the constructipn of this Ordinance and the rules of interpretation Court, unless there is anything in the subject or context repugnant thereto, the several expressions hereinafter men- tioned or referred to have or include the meanings following : 1. " Cause " includes any action, suit, or other original "Cause." proceeding between a plaintiff and a defendant ; 2. "Action" includes' suit and means a civil proceeding "Action." commenced by writ or in such other manner as may be prescribed by this Ordinance or by rules of Court ; 3. " Matter " includes every proceeding in the Court not "Matter." in a cause ; 4. " Originating summons " means a summons by which " Originating proceedings are commenced without writ ; summons. 5. "Plaintiff," "petitioner," "defendant," "party," "per- "Parties." son," include bodies politic or corporate holding the rela- tion of plaintiff, defendant or party ; 6. "..Eeceiver" includes consignee or manager appointed "Receiver." by or under an order of the Court ; •7. "Plaintiff" includes any person asking any relief "Plaintiff." (otherwise than by way of counterclaim as a defendant) 136 Cap. 11 CONSOLIDATED (1RDINAN0ES CO. ' Petitioner. ' ' Defendant. ' "Party." "Person." " Clerk." " Slieriff." "Pleading." "Judgment." "Order." "Affidavit," "Oath." " Rule of court." " Lunatic." "Execution creditor." against any other person by any form or proceeding, whether the same be taken by action, petition, motion, sum- . mons or otherwise ; 8. '' Petitioner " includes every person making any appli- cation to the Court, either by petition, motion or summons, otherwise than as against any defendant ; 9. " Defendant " includes every person served with any writ of summons or process, or served with notice of or entitled to attend any proceedings ; 10. " Party " includes every person served with notice of or attending any proceeding, although not named in the record ; 11. " Person " includes a body corporate or politic ; 12. "Clerk" or "clerk of the court" includes deputy clerk, and where the context requires it, process issuer ; 13. " Sheriff" includes deputy sheriff, duly appointed bailiffs, coroner and other person discharging the duties of sheriff in the particular case or for the time being ; 14 " Pleading " includes any petition or summons (other than a writ of summons) and also includes the statement in writing of the claim or demand of any plaintiff and of the defence of any defendant thereto and of the reply of the plaintiff to any counterclaim of a defendant ; 15. " Judgment " includes decree ; 16. " Order" includes rules ; 17. "Affidavit" or "oath" includes affirmation where authorized by law ; 18. " Eule of Court " or " rules of Court " mean the rules contained in this Ordinance or any rules of Court passed in pursuance or under the authority thereof ; 19. " Lunatic " includes an idiot or ether person of un- sound mind. 20. " Execution creditor " includes an assignee of the execution creditor. N.W.T., c. 21, s. 2. JURISDICTION. Jurisdiction. Practice and procedure. 3. The jurisdiction of the Territorial Court of the Yukon Territory shall be exercised so far as regards procedure and practice in the manner provided by this Ordinance and the rules of Court, and where no special provision is contained in this Ordinance or in the said rules it shall be exercised as nearly as may be as in the Supreme Court of Judicature in England as it existed on the first day of January, 1898. N. "W.T., c. 21, s. 3. Entry and trial of suits, in what district. 4. If there is a district of a deputy clerk established by Ordinance, suits in which the cause of action arose or the defendant resides in such deputy clerk's district shall be entered in the office of the deputy clerk, and suits in which the cause of action arose or the defendant resides in the 1902 . JUDICATURE Cap. 1*7 137 remaining portion of the Territory shall be entered in the t)fB.ce of the clerk of the court, and if in any suit the cause of action arose in the deputy clerk's district and the defend- ant resides in the other portion of the Territory or vice versa, the suit may be commenced in either the clerk's or deputy clerk's office. N.W.T., c. 21, s. 4. 5. A judge sitting in chambers, if he announces that he Judge in is sitting in Court, shall have, possess, exercise and enjoy all Announce- the powers and authorities, rights, privileges, immunities ment that and incidents of the said Court, and any judgment given oourt.^ '" or decision or determination, or rule, order or decree made by him while sitting as aforesaid in respect of any matter lawfully brought before him, shall be subject to the provi- sions in this Ordinance relating to appeal to the Court en banc. N.W.T., c. 21, s. 5, 6. In every case in which the Court has authority to Court may order the execution of a deed of conveyance, transfer or OTders™^ ™^ assignment of any property, real or personal, the Court may by order vest such real or personal property in such person or persons and in such manner and for such estates as would be done by any such deed, conveyance, assignment or trans- fer if executed ; and thereupon the order shall have the same effect as if the legal or other estate or interest in the property had been actually conveyed by deed or otherwise for the same estate or interest to the person in M'^hom the same is so ordered to be vested, or in the case of a chose in action as if such chose in action had been actually assigned to such last mentioned person. N.W.T, c. 21, s. 6. T- The Territorial Court presided over by a single judge Sittings of for the transaction of the business of the Court may sit and ''°"'''' act at any such time and place in the Territory as the Commissioner appoints. N.W.T., c. 21, s. 7. RULES OF LAW. 8. In every civil cause or matter comnaenced in the Terri- torial Court, law and equity shall be administered by such Court according to the following rules : 1. If any plaintiff or petitioner claims to be entitled to Equitable any equitable estate or right, or to relief upon any equitable of r^ief'^^* ground against any deed, instrument or contract, or against claimed by any right, title or claim whatsoever asserted by any defend- pia™*!^- ant or respondent in such cause or matter, or to any relief founded upon a legal right, the Court shall give to such • plaintiff or petitioner such relief as would be given by the High Court of Justice in England in a suit or proceeding for the same or a like purpose ; 138 Cap. 11 CONSOLIDATED ORDINANCES CO. Equitable estate, right or relief claimed by defendant. Counterclaim and third parties. Equitable rights appearing incidentally. Final determination of matters in controversy. J Multiplicity of proceedings to be avoided. 2. If any defendant claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument or contract, or against any right, title or claim asserted by any plaintiff or petitioner in such cause or matter, the said Territorial Court and every judge thereof shall give to every equitable estate, right of ground of relief so claimed and to every equitable defence so alleged, such and the same effect by way of defence against the claim of such plaintiff or petitioner as the High Court of Justice in England would give if the same or like matters had been relied on by way of defence in any suit or pro- ceeding instituted in that Court for the same or like pur- pose : 3. The said Territorial Court and every judge thereof shall also have power to grant to any defendant, in respect to any equitable estate or right or other matter of equity and also in respect of any legal estate, right or title claimed or asserted by him, all such relief against any plaintiff or peti- tioner as such defendant has properly claimed by his pleading; and also all such relief relating to or connected with the original subject of the cause or matter, and in like manner claimed against any other person, whether already a party to the same cause or matter or not, who has been duly served with notice in writing of such claim pur- suant to this Ordinance, or any order of the Court as might properly have been granted against such person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose and every person served with any such notice shall thenceforth be deemed a party to such cause or matter with the same rights in. res- pect to his defence against such claim as if he had been duly sued in the ordinary way by such defendant ; 4. The said Court and every judge thereof shall recognize and take notice of all equitable estates, titles and rights and all equitable duties and liabilities appearing incidentally in the course of any cause or matter, in the same manner in which the High Court of Justice in England would have recognized and taken notice of the same in any suit or pro- ceeding duly instituted therein. 5. The Territorial Court in the exercise of its jurisdiction in every cause or matter pending before it shall have power to grant, and shall grant either absolutely or on such rea- sonable terms and conditions as to it shall seem just all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim properly brought forward by them respec- tively in such cause or matter ; so that as far as possible all matters so in controversy between the said parties respecti- vely may be completely and finally determined and all multiplicity of legal proceedings concerning any such matters avoided; N.'W.T , c. 21, s. 8. 1902 JUDICATURE Cap. 11 139 0« In the case of lunatics and their property and estates, Lunatics. the jurisdiction of the Court shall, subject to the rules of jurisdiction Court, include that which in England is conferred upon °* "O""^'- the Lord High Chancellor by Commission from the Crown under the Sign Manual. N.W.T., c. 21, s. 9. lO. The law to be administered in the Territory as to the matters next hereinafter mentioned shall be as follo'vys : 1. No claim of a cestui que trunt against his trustee for any Express trusts property held on an express trust or in respect of any breach of such trust shall be" held to be barred by any Statute of Limitations. 2. An estate for life without any impeachment of waste Equitable shall not confer or be deemed to have conferred upon the ^^*®' tenant for life any legal right to commit waste of the des- cription known as equitable waste unless an intention to confer such right shall expressly appear by the instrument creating such estate. 3. There shall not bo any merger by operation of law only Merger. of any «state the beneficial interest in which would not be deemed to be merged or extinguished in equity. 4. A mortgagor entitled for the time being to the posses- Mortgagors sion or receipt of the rents and profits of any land as to of action"! *^ which no notice of his intention to take possession or to enter into the receipt of the rents and profits thereof shall have been given by the mortgagee may sue for such pos- session, or sue or distrain for the recovery of such rents or profits or to prevent or recover damages in respect of any trespass or other wrong relative thereto in his own name only unless the cause of action arises upon a lease or other contract made by him jointly with any other person and in that case he may sue or distrain jointly with such other person. 5. In case of an assignment of a debt or other chose in Assignment action, if the debtor, trustee or other person liable in res- °^fl^^ "^ pect of such debt or chose in action has had notice that such assignment is disputed by the assignor or any one^j""^^'^''"^ claiming under him, or of any other opposing or conflicting claims to such debt or chose in action, he shall be entitled ° ^''p^^ ^'^■• if he thinks fit to call upon the several persons making claim thereto to interplead concerning the same. 6. Stipulations in contracts as to time or otherwise which stipulations would not heretofore have been deemed to be or to have be- ^° tfmerete?* come of the essence of such contracts in a Court of Equity, shall receive in the Territory the same construction and ' effect as they would in equity. 7. Part performance of an obligation either before or after Part a breach thereof when expressly accepted by the creditor in wlien"^"*""^ satisfaction or rendered in pursuance of an agreement for satisfaction. that purpose though without any new consideration shall be held to extinguish the obligation. 8. A mandamus or an injunction may be granted or a ^^^^^°^"'°''^ receiver appointed by an interlocutory order of the Court or 140 Cap. 11 CONSOLIDATED ORDINANCES 0.0. Injunction. Receiver, addition to or instead of injunction or specific performance. Orders of court as against purchasers. Rules of «quity to prevail. Evidence. Minora, judge in all cases in whicli it appears to tlie Oourt or judge to be just or convenient that such order should be made and any such order may be made either uncondition- ally or upon such terms and conditions as the Oourt or judge thinks just ; and if an injunction is asked, either before or at or after the hearing of any cause or matter, to prevent any threatened or apprehended waste or trespass such in- juction may be granted, if the Oourt or judge thinks fit whether the persop against whom such injunction is sought is or is not in possession under any claim of title or other- wise or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title and whether the estates claimed by both or by either of the parties are legal or equitable. 9. In all cases in which the Court has jurisdiction to en- tertain an application for an injunction against a breach of any convenant, contract or agreement or against the com- mission or continuance of any wrongful act or for the spe- cific performance of any covenant, contract or agreement, the Oourt if it thinks fit may award damages to the party injured either in addition to or in substitution for such injunction or specific performance and such damages may be ascertained in such a manner as the Court directs, or the Court may grant such other relief as it deems just. 10. An order of the Court under any statutory or other jurisdiction shall not as against a purchaser whether with or without notice be invalidated on the ground of want of jurisdiction or of want of any concurrence, consent, notice or service. 11. G-enerally in all matters in which there is any conflict or variance between the rules of Equity and Common Law with reference to the same matter the rules of Equity shall prevail. 12. Subject to the provisions of any Act of the Parliament of Canada and of any Ordinance the laws of evidence which govern in the administration of civil justice in England shall obtain in the Courts. 13. Minors may sue for wages in the same way as if of full age. N.W.T., c. 21, s. 10. clerk's duties. Clerk's duties. 11. The duties of the clerk shall be : 1. To attend at his office and keep the same open between the hours of ten in the forenoon and four in the afternoon on all days except Sundays and holidays and except on Satur- days and during vacation when the same shall be closed at one o'clock in the afternoon. 2. On application of any person by himself or his agent, (a) To receive all complaints and other papers required to be filed in Court ; Hours of office. 'Official duties. 1902 JUDICATURE . Cap. 1*7 141 (b) To issue all writs of summons, warrants, precepts, writs of execution and other documents rendered necessary or requisite for the effectual disposition of such matters ; (c) Tax costs, enter judgments and record all judg- ments and orders pronounced, given and made ; 3. To keep an account of all fines, fees and moneys Accounts payable or paid into Court, entering all such amounts in pro- ^^^ ^o^s, per approved books in which shall be entered regularly under separate headings all the proceedings taken in any suit, all moneys received and paid out and the persons to whom and by whom the same have been paid which books shall be accessible at all times to suitors and the public ; 4. To attend all sittings of the judge in chambers unless Sitting in his attendance is dispensed with by the judge ; and chambers. 5. To do and perform all such other acts and duties as Duties are [necessary for the due administration of civil justice generally. in the Territory. N.W.T., c, 21, s. 11. 12. In the absence of the clerk the Court may appoint a Absence suitable person to perform the duties prescribed in the pre- °^ °'™'^" ceeding section. N.W.T., c. 21. s. 12. 13. All books, papers, documents and moneys in the On vacancy. possession of the clerk by virtue of or appertaining to his Appointment office shall upon his resignation, removal or death imme- °^ ^"^stitute. diately become the property of such person as the court Disposition appoints as clerk pending the appointment of a new documents clerk of the court. N.W.T., C. 21, S. 13. and moneys. PRACTICE AND PROCEDURE 14. The practice and procedure in the Territorial Court Practice and of the Territory shall be regulated by this Ordinance and the procedure. rules of Court ; but the judges of the Territorial Court or a majority of them shall have power to frame and promulgate such additional rules of Court not inconsistent with this Ordinance as they from time to time deem necessary or expedient. N.W.T., c. 21, s. 20. 15. Subject to the provisions of this Ordinance and the Rules of court. rules of Court the practice and procedure existing in the Supreme Court of Judicature in England on the first day January, 1898, shall as nearly as possible be followed in all causes, matters and proceedings. N.W.T., c. 21, s. 21. 16. The rules of Court already made and promulgated Existing rules by the judges of the Territorial Court are hereby continued continued. in force until repealed, altered or amended by them. N. "W.T., c. 21, s. 22. 142 Cap. 11 CONSOLIDATED ORDINANCES CO RULES OF COURT. [Uie division of these rules into orders and headings is not to affect the interpretation thereof.] Part I. General Practice and Procedure. ORDEE I. Commence- ment of action. Praecipe. Statement of claim. FORM AND COMMENCEMENT OF ACTION. 1. Every action except as otherwise provided shall be commenced by writ of summons in form A in the schedule hereto which writ shall be issued by the clerk upon re- ceiving from the plaintiff or his solicitor a prcecipe therefor in which shall be set forth (a.) The names of the parties to the action ; and (b.) Their places of residence temporary or otherwise; and (c.) The residence of the plaintiff's solicitor if such writ is issued by a solicitor. N W.T., c. 21, E. 1. 2. At the time of the issue of the writ the plaintiff or his solicitor shall leave with the clerk two copies of the plain- tiff's statement of claim and of the relief or remedy to which he claims to be entitled ; one of such copies shall be attached to such writ by the clerk and the other shall be filed by him in his office and a copy of such statement of claim shall be attached to each copy of such writ required for service. N W.T., c. 21, E. 2. OEDER II. Writs to be dated. WRIT OF SUMMONS. I. — General. 3. Every writ of summons and also (unless otherwise pro- vided) every other writ shall bear the date of the day on which the same is issued. 1902 JUDICATURE Cap. 11 143 (2) If the defendant resides within a distance of ten miles Time for from the clerk's office whence the writ of summons issued, ^^t"™ °f ^"*- the time stated in such writ for the appearance of the de- fendant shall be eight days from the service of the writ upon him. (3) If the defendant resides at a distance of more than ten miles from such office, the time stated in such writ for such ;appearance shall be one additional day for every additional ten miles from such office. Provided that the judge may by order shorten the time May be for the return of such writ. N.W.T., c. 21, E. 3. shortened. XL — Concurrent Writ. 4. The plaintiflF in any action may at the time of or at any writ time within twelve months after the issuing of the original concurrent to writ of summons issue one or more concurrent writ or writs °"^'"^ ' each concurrent writ to show date of the original writ and be marked with the word "concurrent" in the margin and the date of issuing the concurrent writ : Provided always that such concurrent writ or writs shall only be in force for the period during which the original writ in such action is in force. (2.) "When after writ is issued it is made to appear that Concurrent the defendant or one of several defendants is without the writ for Territory on application as is in these rules hereafter provi- jum. ded for service out of the jurisdiction the judge may order a concurrent writ to issue. N.W.T., c. 21, R. 5. III. — Renewal. 5. No original writ of summons shall be in force for more Duration than twelve months from the date thereof including the "^ w"*- ■ day of such date ; but if any defendant therein named has not been served therewith the plaintiff may before the expiration of the twelve months apply to the judge Application for leave to renew the writ and the judge if satisfied ^°'^ renewal. that reasonable efforts have been made to serve such defen- dant or for other good reason may order that the original or concurrent writ of summons (or both) be renewed for six months from the date of such renewal inclusive and so from tim.e to time during the currency of the renewed writ ; and - the writ shall in such case be renewed by being marked with the day, month and year of such renewal and shall be so marked by the clerk upon the plaintiff or his solicitor filing the judge's order and presenting to him the said writ ; and a writ of summons so renewed shall remain in force and be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited and for all other purposes from the date of the issuing . of the original writ of summons. [B. 45.] N.W.T. c. 21 E, 6. 144 Gap. 17 CONSOLIDATED ORDINANCES 0.0. Evidence of renewal and 6. The production of a writ of summons purporting to have been renewed in manner aforesaid shall be sufficient ment of action evidence of the writ having been so renewed and of the commencement of the action as of the first date of such renewed writ for all purposes. [B. 46.] N.W.T. c. 21. E. 1. Copy may be sealed. Indorsement on writ by solicitor. Plaintiff suing in person. Address for service. Omission to supply. Disclosure by solicitor whose name is indorsed. Notice of change of solicitor. lY.— Lost Writ. 7. "Where a writ of which the production is necessary has been lost the judge upon being satisfied of the loss and of the correctness of a copy thereof may order that such copy shall be sealed and used in lieu of the original writ. [E. 47.] N.W.T. c. 22, E. 8. Y. — Indorsement by Solicitor. 8. The solicitor of a plaintiflF suing by a solicitor shall indorse on the writ the address of the plaintiff" and also his own name or firm and place of business and also, if his place of business is more than three miles from the clerk's oflice whence the writ issues, another proper place within such three miles to be called his " address for service," where statements of defence, notices, summonses, orders and other documents, proceedings and written communications in the suit may be left for him ; and when a plaintiff sues in person he shall indorse on the writ his occupation and place of residence and if his residence is more than three miles from the clerk's office as aforesaid another proper place within such three miles to be called his " address for service," where statements of defence, notices, summonses, orders and other documents, proceedings and written com- munications in the suit may be left for him. In case of the omission to supply an address for service as aforesaid all papers requiring service may be posted in the clerk's office and in such case be deemed good service. [E. lit and 20.| N.WT. c. 21, E. 9. 9. Every solicitor whose name is signed to or indorsed on any writ of summons shall on demand in writing made by or on behalf of any defendant who has been served there- with or has appeard thereto declare forthwith whether such writ has been issued by him or with his authority or privity and on declaration by such solicitor that the writ was not issued by him or with his authority or privity all proceed- ings upon the same shall be stayed and no further proceed- ings shall be taken thereupon without leave of the judge. [E. 42.] N.W.T. c. 21, E. 10. VI. — Change of Solicitor. 10. A party suing or defending by a solicitor may change his solicitor in any cause or matter without an order for that purpose upon notice of such change being filed in the clerk's office in which the cause or matter is proceeding ; 1902 JUDICATURE Cap. 17 145. but until such notice is filed and a copy thereof served the former solicitor shall be considered the solicitor of the party until the final conclusion of the cause or matter. [E. 44.] N.W.T. c. 21, E. 11. 11. "Where a party after having sued or appeared in per- Employment son has given notice in writing to the opposite party or his after'^°''°'^ solicitor through a solicitor that such solicitor is author- proceeding ized to act in the cause or matter on his behalf all writs, ™ t?^^^°^- notices, pleadings, summonses, orders, warrants and other documents, proceedings and written commuications which ought to be delivered to or served upon the party on whose behalf the notice is given shall thereafter be delivered to or served upon such solicitor. N.W.T. c. 21, R 12. OEDER III. SERVICE OF WSIT OF SUMMONS, I — General. 12. Service of a writ of summons may be made by the Service sheriff, his deputy or bailiff" or by any literate person other ^^ whom. than a plaintiff" but except by order of a judge no fees for Fees, service shall in such latter case be allowed. N.W.T. c. 21, R. 13. 13. Service of writ of summons shall be effected by copy Manner ot as follows : service. 1. By personal service anywhere in the Territory ; Personal. 2. If the defendant is out of the Territory but has on an agent, managing clerk or other representative resident representative. and carrying on his business within the same service of the defraXnt. writ of summons may be made on such agent, managing clerk or other representative ; 3. Every writ of summons issued ag.iinst a corporation Corporation. and all other proceedings in an action against a corporation may be served on the president or other head officer or on the cashier, manager, treasurer, secretary, clerk, agent or other representative, by whatsoever name or title he is known, of such corporation or of any branch or agency thereof in the Territory ; and every person who within the said Territory transacts or carries on any business of or for any corporation whose chief place of business is without the said Territory shall for the purpose of being served with a writ of summons or any other proceedings as aforesaid in an action against or at the suit of such corporation be deemed the agent thereof ; 4. Service of a writ of summons in an action to recover Recovery possession of land may, in case of vacant possession, °* ^'^"'^^ when it cannot be otherwise effected, by leave of the judge 10— T. O. 146 Cap. lY CONSOLIDATED OEDINaNCES 0. 0. Vacant be made by posting a copy of the writ and statement of possession. claim upon the door of the dwelling house or other conspi- cuous part of the premises ; [B. 56.J Husband 5. "When husband an.d wife are both defendants to the and wife. action they shall both be served unless the judge otherwise orders ; ' Infant 6. "When an infant is a defendant to the action service defendant. qj^ jj^jg father or guardian or if none then upon the person with whom the infant resides or under whose care he is and the public administrator shall unless the judge other- wise orders be deemed good service on the infant : Frovided that the judge may order that service made or to be made on the infant shall be deemed good service ; Lunatic. 7. "When a lunatic or person of unsound mind is a defendant to the action, service may be made on the public administrator or as the judge orders. N."W.T., c. 21, R. 14. II — Substitutional Service. service. Substitutional ] 4. In auy case if it be made to appear to a judge that the plaintiff is from any cause unable to effect prompt per- sonal service the judge may make such order for substituted or othex service by advertisement or otherwise as is just. N.W.T., c. 21, E. 15. Original writ 15. In any case if it be made to appear to a judge that ofJopy!"''^'"^ t^e original writ has been served upon the defendant instead of a copy he may order that such service be good service and may in such order dispense with the produc- tion of such original. N".W.T., c. 21, R. 16. III. — Indorsement of Service Unnecessary. Indorsement 16. It shall not be necessary for the person serving a unnTceafary. Writ of summons to indorse on the writ the day of the week and month of such service but the writ and statement of claim shall each be marked as an exhibit to the affidavit of service by the person administering the oath. N.W.T.jC. 21, R. I'T ORDER IV. SERVICE OUT OF THE JTJIII.;urities upon order of a judge. [B. 271.] N.A¥.T., c. 21, E 143. Banking moneys paid into court. 143. All moneys paid into court shall so soon as received by a clerk or other proper official be .deposited in one of the chartered banks of Canada to be named by the judge and shall be placed to a special account and styled " special account ; " each deposit to obtain the benefit of such rate of interest as the bank in vrhich "the deposit is made agrees and no moneys ordered to be paid out of court shall be withdrawn from the bank in which the same are deposited unless the cheque for withdrawal of the same is counter- signed or initialled by the judge. N.W T., c. 21, R. 144. Conversion 144. Notice of every application for the purpose of con- appUcariovi tor Version of any securities shall be served upon such persons if any as the Court or judge directs, c. 21, R. 145. [E. 272.] N.WT., ORDER XIII. MATTERS ARISING PENDING THE ACTION. Defence or after action. 145. Any ground of defence which has arisen after action or'counter*"°*^ brought but before the defendant has delivered his state- claim arisen ment of defence and before the time limited for his doing so has expired may be raised by the defendant in his state- ment of defence either alone or together with other grounds of defence ; and if after a statement of defence has been delivered any ground of defence arises to any set-off or counterclaim alleged therein by the defendant it may be raised by the plaintiff in his reply either alone or together with any other ground of reply. [E. 282.] N.W.T., c. 21, R. 146. Ground of 146. Where any ground of defence arises after the defend- retiyarrsen ^^^ ^^^ delivered his statement of defence or after the time after ])ieading. limited for his doiug so has expired the defendant may and where any ground of defence to any set-off or counter-claim arises after reply or after the time limited for delivering a reply has expired the plaintiff may within eight days after such ground of defence has arisen or at any subsequent time by leave of the Court or judge deliver a further defence or further reply as the case may be setting forth the same. [E. 283.] N.W.T., c. 21,R. 147. Further answer may be served. Confession of defence. 147. "Whenever any defendant in his statement of defence or in any further statement of defence as mentioned in the next preceding rule alleges any ground of defence which 1902 JUDiCATURK Cap. 17 its has arisen after the commencement of the action the plaintiff may delirer a confession of such defence and may thereupon unless otherwise ordered by the judge have judgment for his costs up to the time such defence was pleaded. [E. 284.] N.W.T., c. 21, R. 148. ORDER XIV. RAISING POINTS OF LAW, ETC.. 148. Any party shall be entitled to raise by his pleading Points of law any point of law and any point so raised shall be disposed "Jg^^^din'^ of by the judge who tries the cause at or after the trial pro- vided that by consent of the parties or by order of the judge Disposal of. on the application of either party the same may be set down for hearing and disposed of at any time before the trial. [E. 286.] N.W.T., c. 21, R. 148. 149. If in the opinion of the Court cr judge the decision Judgment of such point of law substantially disposes of the whole rlisedd'ispcises action or of any distinct cause of action, ground of defence, of action, etc. set-off, counter-claim or reply therein the Court or judge may thereupon dismiss the^ action or make such order therein as is just. [E 28*7.] a N.W.T., c 21, R. 150.": ' 150. The Court or judge may order any pleading to be Frivolous or struck out on the ground that it discloses no reasonable ™^o^°"^ cause of action or answer and in any such case or in case of the action or defence being shown by tbe pleadings to be pleading frivolous or vexatious the Court or iudge may order the disclosing no ,, , , ■,. . , •nj.i-L J. J cause or action action to be stayed or dismissed or judgment to be entered or answer. accordingly as is just. [E. 288.] N.W.T., c. 21, R. 151. 151. No action or proceeding shall be open to objection on Declaratory the ground that a merely declaratory judgment or order is Judgments. sought thereby and the Court or judge may make binding declarations of right whether any consequential relief is or could be claimed or not. ' [E. 289.] iN.W.T., c. 21, R. 152. ORDER XY. REPLY OR CLOSE OF PLEADINGS. 152. A plaintiff shall delivei his reply if any within Time'.for eight days after the defence or the last of the defences have ^^P^y- been delivered unless the time shall be extended by the Court or judge. [E. 276.] N.W.T., c. 21, R. 153. IH Pleading subsequent to reply. Time for. Default in reply or subsequent pleading. Effect of. Close of pleading.?. Cap. 1^ CONSOLIDATED ORDINANCES 0. 0. 163. No pleading subsequent to reply other than a join- der of issue shall be pleaded without leave of the Court or a iudffe and then shall be pleaded only upon such terms as the Court or judge thinks fit. [E.277.] N.W.T., c. 21, R, 154. 154. Subject to the next preceding rule every pleading subsequent to reply shall be delivered within eight days after the delivery of the previous pleading unless the time is extended by the Court or judge. N.W.T., c. 21, R. 155. 155. If the plaintiff does not deliver a reply or any party does not deliver any subsequent pleading within the period allowed for that purpose the pleadings shall be deemed to be closed at the expiration of that period and all the material statements of fact in the pleading last delivered shall be deemed to have been denied and ;put in issue. [E. 306.] N.W.T., c. 21, R. 156. 156. As soon as any party has joined issue upon the pre- ceding pleading of the opposite party simply without add- ing any further or other pleading thereto or has made default as mentioned in the next preceding rule the plead- ings between such parties shall be deemed to be closed. [E. 280.] N.W.T., c. 21, R. 157. ORDER XVI. DEFAULT OF PLEADING. Claim for debt. Default of one or more defendants. Claim, detinue and damages. 157. If the plaintiff's claim is only for a debt or liqui- dated demand and the defendant does not within the time allowed for that purpose deliver a defence the plaintiff may at the expiration of such time enter final judgment for the amount claimed with costs. [E. 295.] N.W.T., c. 21, R. 158. 158. When in any such action- as in the next preceding rule mentioned there are several defendants if one of them makes default as mentioned in the next preceding rule the plaintiff may enter final judgment against the defendant so making default and issue execution upon such judgment without prejudice to his right to proceed with his action against the other defendants. [E. 293.] N. W.T., R. 159. 159 If the plaintiff's claim be for detention of goods and pecuniary damages or either of them and the defendant or all the defendants if more than one make default in deliver- ing a defence within the time allowed for that purpose the judge may on application of the plaintiff assess the value of 1902 JUDICATURE Cap. 11 1*76 the goods and amount of the damages or either of them as the case may be or order that they shall be ascertained in any way he directs and judgment shall be entered thereupon with costs of suit. [E. 297.] N.W.T., c. 21, E. 160. 160. When in any such action as in the next preceding rule Default of one mentiened there are several defendants if one or more of ^gj™'^''®jj^g them make default as in that rule defined the plaintiff may enter an interlocutory judgment against the defendant or defendants so making default and proceed with his action against the others and in such case the value and amount of damages against the defendant making default shall be assessed at the same time with the trial of the action or issues therein against the other defendants unless the Court or a judge otherwise directs. [E. 298.] N.W.T., c. 21,R. 161. 161. If the plaintiffs claim is for a debt or liquidated p^™ demand and also for detention of goods and pecuniary demand \nd damages or pecuniary damages only and any defendant ^ebt and makes default in delivering his defence as aforesaid the plaintiflF may enter final judgment for the debt or liquidated demand and also enter interlocutory judgment for the value of the goods and the damages or the damages only as the case may be and proceed as mentioned in the next two pre- ceding rules. [E. 299.] N.W. T, c. 21, R. 162. 162. In an action for the recovery of land if the defendant Recovery makes default in delivering a defence as aforesaid the plain- °^ ^*'"^- tiff may enter a judgment that the person whose title is asserted iu the writ of summons shall recover possession of the land with his costs. [E. 300.] N.W.T., c. 21, R. 168. 163. "Where the plaintiff's claim is for mesne profits, Claim for arrears of rent or double value in respect of the premises "rrlars'o™^*^' claimed or any part of them or damages for breach of renter contract or wrong or injury to the premises claimed in ^'"^se?. an action for the recovery of kud if the defendant makes default in delivering a defence as aforesaid or if there is more than one defendant some or one of the defendants makes such default the plaintiff may enter judgment against the defaulting defendant or defendants and proceed as provided for in rules 159 and 160 hereof. [E. 301.] N.W.T., c. 26, R. 164. 164. If the plaintiffs claim is for a debt or liquidated de- where a mand, the detention of goods and pecuniary damages or for deif"ered^ any such ma,tters or for the recovery of land and the defen- to part of dant delivers a defence which purports to offer an " ^™ ™ ^■ answer to a part only of the plaintiff's alleged cause of ac- iion the plaintiff may by leave of the Court or a judge en- ter judgment final or interlocutory as the case may be for ihe part unanswered provided that the unanswered part 11Q Cap. 17 CONSOLIDATED 0KDINANCE8 0. 0. Other actions, defendant in default. consists of a separate cause of action or is severable from the rest as in the case of part of a debt or liquidated demand ; provided also that w^here there is a counterclaim execution on any judgment as above mentioned in respect to the plain- tiff's claim shall not be issued without leave of the Court or a judge. [E. 302.] N.W.T., c. 21, E. 165. 165. In all other actions than those in the preceding rules of this Order mentioned if the defendant makes default in delivering a defence the opposite party may apply to the Court or a judge for such judgment if any as upon the pleadings he appears to be entitled to ; and the Court or judge may order judgment to be entered accordingly or make such other order as is necessary to do complete justice between the parties. [E. 304.] N.W.T., c. 21, E. 166. 166. "Where in any such action as mentioned in the next preceding rule there are several defendants then if one of such defendants makes such default as aforesaid the plain- tiff may either (if the cause of action is severable) set down the action at once on motion for judgment against the defendant so making default ormay set it down against him at the time when it is entered for trial or set down on mo- tion for judgment against the other defendants. [E. 306.] N.W.T., c. 21, E. 161 Default by 167. In any case in which issues arise in an action other thin piahitlff tl^3,n between plaintiff and defendant if any party to any or defendant, such issue makes default in delivering any pleading the opposite party may apply to the Court or a judge for such judgment if any as upon the pleadings he appears to be entitled to and the Court or judge may order judgment to be entered accordingly or may make such other order as is necessary to do complete iustice between the parties. fE. 307.] N.W T., c. 21, E. 168. Where more than one defendant. OEDEE XVII. SETTING DOWN FOE TEIAL. Application to set down. 168. After the close of the pleadings the plaintiff may at any time on notice to the defendant apply to the judge for and obtain an order setting down the cause for trial at such time and place as the judge directs ; . but if such application is not made within three months after the close of the pleadings the defendant on notice may apply for and obtain an order to the like effect or that the plaintiff's action be dismissed out of Court with costs to the defendant ; but the judge may instead of dismissing the action at once 1902 JUDICATURE Cap. 17 111 order such dismissal to take effect from a future date unless Dismissal for the plaintiff meanwhile proceeds with his action ; prraeoution. (2) If the plaintiff having obtained an order setting the Plaintiff cause down for trial neglects to set the cause down and "o geTdown proceed to trial in pursuance thereof the defendant may ap- after order ply to the judge for an order dismissing the action and the ^^^^' judge may thereupon make such order as he deems proper. N.W.T., c.21, E. 169. 169. On the application to set a cause down for trial if the Jury in action is for slander, libel, false imprisonment, malicious <=®'''*'" °^^^^- prosecution, seduction, breach of promise of marriage or if the action arises out of a tort, wrong or grievance in which the damages claimed exceed $500 or if the action is for debt or founded on contract wherein the amount claimed or the damages sought to be recovered exceed |1000 or if the action is for recovery of real property and either signify his desire to have the- issues of fact therein tried by a judge with a jury or the judge so directs the same shall be tried by a jury. N.W.T., c. 21, R. 170. 170 The order for setting down a cause for trial by jury Order for trial shall state by whom the necessary fees to be paid out shall ^ ■'"'^^' be furnished and the party so named shall deposit withthe clerk such sum as said clerk considers sufficient for the payment of jury fees and the expenses of summoning a sufficient number of persons to form the jury and the clerk Costs of jury. shall after the trial pay the said jury and summoning fees and if any balance of the money so deposited with him remains unused after paying such fees return such balance to the party who deposited the same. N.W.T., c. 21, E. 171. 171. The jury for the trial of issues of fact in civil causes Jury. shall consist of six persons whose verdict shall be unani- mous. N.W.T., c. 21, E. 172. 172. When a cause has been set down for trial such Notice of trial. notice shall be given as the order setting down directs. N.W.T., c. 21, E. 173. OEDER XVIIL discontinuance:. 173. The plaintif may at any time before receipt of the de- Disoontinu- fendant's defence or after the receipt thereof before taking ^^^^^^^-i „£ any other proceeding in the action, (save any interlocutory part ot claim application) by notice in writing wholly discontinue his ^^^^"^ '^^^^'"^• action against all or any of the defendants or -^ithdraw any part or parts of his alleged cause of complaint and there- 12— Y. o. 1*78 Cap. 11 CONSOIilDATED ORDINANCES C. 0. Costs. Subsequent action. Discontinu- ance at other Withdrawal of defence or counterclaim. upon he shall pay such defendant's costs of the action or if the action is not wholly discontinued the costs occasioned by the matter so withdrawn. Such costs shall be taxed and such discontinuance or withdrawal as the case may be shall not be a defence to any subsequent action. Save as herein otherwise provided it shall not be competent for the plain- tiff to withdraw the record or discontinue the action with- out leave of the Court or judge but the Court or judge may before or at or after the hearing or trial upon such terms as to costs and as to any other action and otherwise as are just order the action to be discontinued or any part of the alleged cause or complaint to be struck out. The Court or judge may in like manner and with the like discretion as to terms upon the application of a defendant order the whole or any part of his alleged grounds of defence or coun- terclaim to be withdrawn or struck out but it shall not be competent to a defendant to withdraw his defence or any part thereof without such leave. [E. 290.] N.W.T. c. 21, R. 174. Withdrawal after entry tor trial. Judgment for costs. 1*74. When a cause has been entered for trial it may be withdrawn by either plaintiff or defendant upon producing to the clerk of the court a consent in writing signed by the parties, [E. 291.] N.W.T., c. 21, E, 175. 175. Any defendant may have judgment for the costs of the action if it is wholly discontinued against him or for the costs occasioned by the matter withdrawn, if the action is not wholly discontinued, in case such respective costs are not paid within two days after taxation. [E. 292.] N.W. T., c. 21, E. 176. stay of 176. If any subsequent action is brought before pay- actiempending nient of the costs of a discontinued action for the same payment. or Substantially the same cause of action the Court or judge may if they or he deems proper order a stay of such subse- quent action until such costs have been paid. [E. 293.] N.W.T., c. 21, E. 177. OEDEE XIX. AMENDMENT. Amendment of pleadings. 177. The Court or a judge may at any stage of the pro- ceedings allow either party to alter or amend his statement of claim or pleadings in such manner and upon such terms as are just and all such amendments shall be made as are necessary for the purpose of determining the real questions in controversy between the parties. [E. 309.] N. W.T , c. 21, E.' 178. 1902 JUDICATURE Cap., IV VJ9 118. The plaintiff may without any leave amend his state- Amendment ment of claim once at any time before the expiration of the ^tS leave time limited for reply and before replying. [E. 310.1 N.W. T., c. 21, E. 179. 119. A defendant who has set np any counterclaim may Amendment without any leave amend such counterclaim at any time counterclaim before the expiration of the time allowed him for answering withouUea^. the reply. [E. 311.] KW.T., c. 21, E. 180. 180. "Where any party has amended his pleading under DisaUowance either of the next two preceding rules the opposite party amendment may within eight days after the delivery to him of the amended pleading apply to the Court or a judge to dis- allow the amendment or any part thereof and the Court or judge may if satisfied that the justice of the case demands it disallow the same or allow it subject to such terms as to costs or otherwise as are just. [E. 312.1 N."W".T., c. 21, E.181. 181. Where a party has amended his pleadings (unless Pleading to otherwise ordered) the opposite party shall plead to the amendments. amended pleading or amend his pleading within the time he then has to plead or within eight days from the delivery of the amendment whichever shall last expire ; and in case Default of. the opposite party has pleaded before the delivery of the amendment and does not plead again or amend within the time above mentioned he shall be deemed to rely on his original pleading in answer to such amendment. [E. 313.] N.W.T., c. 2l,E 182. 182. In all cases not provided for by the preceding rules Leave to of this Order application for leave to amend may be made aSSi^ation by either party to the Court or a judge or tp the judge at the trial of the action and such amendment may be allowed upon such terms as to costs or otherwise as are just. Terms. [E. 314.] N.W.T., c. 21, E. 183. 183. If a party who has obtained an order for leave to Failure to amend does not amend accordingly within the time limited ^^^^ ^^*®'^ for that purpose by the order or if no time is thereby limited then within fourteen days from the date of the order such order to amend shall on the expiration of such limited time as aforesaid or of such fourteen days as the case may be be- come ipso facto void unless the time is 'extended by the Court or a judge. [B. 315.] N.W.T., c. 21, E. 184. 184. Any statement or pleading may be amended by Manner of written alterations in the copy which has been delivered ^^^'^^"^s- and by additions on paper to be interleaved therewith if necessary unless the amendments require the insertion of 12J— Y. o. 180 Cap. 1*7 CONSOLIDATED OBDINANCES C. 0. lyEarking amended pleading. Delivery of amended pleading. Mistakes in judgments or orders. more than 144 words in any one place or are so numerous or of such a nature that the making them in writing would render the document difficult or inconvenient to read in either of which cases the amendment shall be made by de- livering a printed or written copy of the document as amended., [E. 316.] N.W.T., c. 21, E. 185. 185. Whenever any statement or pleading is amended the same when amended shall be marked with the date of the order if any under which the same is so amended and of the day on which such amendment is made in manner fol- lowing, viz : " Amended day of pursuant to order of , dated the day of ." [E. 317.] N.W.T., c. 21, E. 186. 186. Whenever any statement or pleading is amended such amended document shall be delivered to the opposite party within the time allowed for amending the same. [E. 318.] N.W.T., c. 21, E. ISI. 18*1. Clerical mistakes in judgments or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court or judge on motion or summons without an appeal. [E. 319.] N.W.T., c. 21, E. 188. General power to amend. 188. The Court or a judge may at any time and on such terms as to costs or otherwise as the Court or judge thinks just amend any defect or error in any proceedings and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on the proceedings. [E. 320.] N.W.T., c 21, E. 189. Costs of amendment. 189. The cost of and occasioned by any amendment shall be borne by the party making the same unless the Court or judge otherwise orders. [E. 321.] N.W.T., c. 21, E. 190. OEDEE XX. Ex parte order for discovery. Aflnidavit of discovery. DISCOVERY OF DOCUMENTS, ETC. 190. The plaintiff shall at the expiration of the time for delivery of defence and the defendant shall after delivery of defence be entitled on application to the judge ex parte to an order directing any other party to any cause or matter to make discovery by affidavit of the documents which are or have been in his possession or power relating to any matter in question therein, N.W.T., c. 21, E. 191. 191. The affidavit to be made by a party against whom such order as is mentioned in the next preceding rule has 1902 JUDIOATUBE Cap. IT 181 been made shall specify which if any of the documents Objections to therein mentioned he objects to produce. [E 355.1 N.W.T., p™'^"<='^'°"- c. 21, R. 192. 192. It shall be lawful for the Court or judge at any Production of time during the pendency of any cause or matter to order documents. the production by any party thereto upon oath of such of the documents in his possession or power relating to any matter in question in such cause or matter as the Court or judge thinks right ; and the Court may deal with such documents when produced in such manner as appears just. [B. 356.] N.W.T., c. 21, E. 193. 193. Every party to a cause or matter shall be entitled inspection of at any time by notice in writing to give notice to any other re°ferred'to in party in whose pleadings or affidavits reference is made to pleadings or any document to produce such document for the inspection "^'^a^i's. of the party giving such notice or of his Solicitor and to permit him or them to take copies thereof ; and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence in his behalf in such cause or matter unless he satisfies the Court or judge that such document relates only to his own title he being defendant to the cause or matter or that he had some other cause or excuse which the Court or judge deems sufficient for not complying with such notice ; in which case the Court or judge may allow the same to be put in evidence on such terms as to costs and otherwise as the Court orjudge thinks fit. [E. 357.] N.W.T., c. 21, E 194. 194. The party to whom such notice is given shall within Notice of time two days from the receipt of such notice if all the docu-.f^gpfj^on"* ments therein referred to have been set forth by him in such affidavit as is mentioned in rule 191 hereof or if any of the documents referred to in such notice have not been set forth by him in any such affidavit then within four days from the receipt of such notice deliver to the party giving the same a notice stating a time within three days from the delivery thereof at, which the documents or such objections to of them as he does not object to produce may be inspected production. at the office of his solicitor or in case of banker's books or other books of account or books in constant use for the purpose of any trade or business at their usual place of custody and stating which if any of the documents he objects to produce and on what ground. [E. 359.] N.W.T., c. 21, R. 195. 195. If the party served with notice under the next pre- Order for ceding rule omits to give such notice of a time for inspec- inspection. tion or objects to give inspection or offisrs inspection else- where than at the office of his solicitor the judge may on 182 Cap. 11 CONSOLIDATED ORDINANCES 0. 0. application of the party desiring it make an order for ins- pection at such place and in such manner as he thinks fit ; and except in the case of documents referred to in the pleadings or affidavits of the party against whom the appli- cation is made or disclosed in his affidavits of documents, such application shall be founded upon an affidavit showing of what documents inspection is sought, that the party ap- plying is entitled to inspect them and that they are in the possession or power of the other party. [E. 3t)0.] N.W.T., c. 21, E. 196. Discovery or inspection may be reserved. 196. If the party from whom discovery of any kind or inspection is sought objects to the same or any part thereof the judge may if satisfied that the right to the discovery or inspection sought depends on the determination of any issue or question in dispute in the cause or matter or that for any other reason it is desirable that any issue or question in dispute in the cause or matter should be determined before decid- ing upon the right to the discovery or inspection, order that such issue or question be determined first and re- serve the question as to the discovery or inspection. [E. 362.] N.W.T., c. 21, R. 197- Noncompli- ance with order for discovery or inspection. Penalty. 19*7. If any person fails to comply with any order for dis- covery or inspection of documents he shall be liable to attachment for contempt of court. He shall also if a plain- tiff be liable to have his action dismissed for want of prose- cution and if a defendant to have his defence if any struck out and to be placed in the same position as if he had not defended and the party interrogating may apply to that effect and an order may be made accordingly. [B. 363.] N.W.T., c. 21, E. 198. Service of order. 198. Service of an order for discovery or inspection made against any party on his solicitor shall be sufficient service to found an application for an attachment for disobedience to the order ; but the party against whom the applica- tion for an attachment is made may show in answer to the application that he has had no notice or knowledge of the order. [E. 864 ] N.W.T., c.21, E. 199. Solicitor neglecting to inform client of order. 199. A solicitor upon whom an order against any party for discovery or inspection is served under the next preced- ing rule who neglects without reasonable excuse to give notice thereof to his client shall be liable to attachment. [E. 865.] N.W.T., c. 21, E. 200. 1902 JUDICATURE Cap. 11 183 ORDEE XXI. EXAMINATION FOE DISCOVERY. 200. Any party to an action whether plaintiff" or defen- Examination dant or in the case of a body corporate any one who is or before'triai. has been one of the officers of such body corporate may without any special order for the purpose be orally examined before the trial touching the matters in question in any action by any party adverse in point of interest and may be compelled to attend and testify in the same manner upon the same terms and subject to the same rules of examination as anv witness except as hereinafter provided. N.W.T., c. 21, E. 201. 201. A person for whose immediate benefit an action is Person prosecuted or defended is to be regarded as a party for the beneficially purpose of examination. N.W T.. c. 21, E. 202. interested. 202. The examination on the part of a plaintiff' may take When place at any time after the statement of defence of the party may'take'"" to be examined has been delivered or after the time for deli- place. vering the same has expired ; and the examination on the part of a defendant may take place at any time after such defendant has delivered his statement of defence, and the examination of a party to an issue at any time after the issue has been filed. N.W.T., c. 21, E. 203. 203. "Whenever a party is entitled to examine another Examining party he may procure an appointment therefor from the °^<^^'^- clerk for the examination as hereafter provided of such party before such clerk, depuiy clerk or process issuer at whose office such examination is to be held ; and the party to be examined (upon being served with a copy of the appointment and a subpcena and upon payment of the piaceof proper fees) shall attend thereon and submit to examination, ^^"^^^^g^j (2.) Such examination shall be held at the office of the an^^subprena. clerk, nearest to the place where the party to be examined Conduct resides. N.W.T., c. 21, E. 204. ™°"'''' 204. The party examining shall serve a copy of the Appointment appointment upon the solicitor of the party to be examined o° ^^licitor'? if he has a solicitor in the cause at least forty-eight hours before the examination. N.W.T., c. 21, E. 205, 205. Upon application to the Court or a judge an order Examination may be made for the examination of any party liable to be before other examined as aforesaid before any other person or in any wlthour other place whether within or without the jurisdiction of jurisdiction. the Court than those before mentioned and upon service of a copy of the. appointment of a person before whom the 184 Cap. 11 CONSOLIDATED ORDINANCES CO. examination is to take place and a copy of the order upon the party to be examined and upon payment of the proper fees he shall attend and submit to examination. A copy of the appointment shall be served upon the solicitor of the party or his agent at least forty-eiffht hours betore the exam- ination. N.W.T., c. 21, E. 206. Notice to 206. The party or person to be examined shall if so required and^papere°^^ by noticB produce on the examination all books, papers and documents which he would be bound to produce at tho trial under a subpoena duces tecum. N.W.T., c. 21, E. 20'7. Certified copieB of documents. SO"!. In the event of any witness on his examination, cross- examination or re-examination producing any book, docu- ment, letter, paper or writing and refusing for good cause to be stated in his deposition to part with the original thereof then a copy thereof or extract therefiom certified by the examiner to be a true and correct copy or extract shall be attached to the depositions and form part thereof. N.W.T., 0. 21, E. 208. Further 208. Any party or officer so examined may be further examination . ii- iiip iiii.j>j:ii_j on party's own examined on his own behalt or on behall ot the body cor- behaif, etc. porate of which he is or has been an officer in relation to any matter respecting which he has been examined in chief; and when one of several plaintiffs or defendants has been examined any other plaintiff or defendant united in interest may be examined on his own behalf or on behalf of those united with him in interest to the same extent as the party examined. N.W.T., c 21, E. 209. Explanatory examination. Time for. Conduct of examination, etc. Production of documents for inspection of examiner. 209. Such explanatory examination shall be proceeded with immediately after the examination in chief and not at any future peripd except by leave of the Court or a judge and for the purposes of this and the next preceding rule when the offi- cer of a body corporate has been so examined as aforesaid on behalf of the body corporate the body corporate shall be deemed to be fully represented by such officer. N."W. T., c. 21, E. 210. 210. Any party or person examined orally under the pre- ceding rules of this order shall be subject to cross-examina- tion and re-examination ; and such examination, cross-ex- amination and re-examination shall be conducted as nearly as may be in the mode in use on a trial. N.W.T., c 21, E. 211. 211. A party to the action who admits upon his examina- tion that he has in his custody or power any deed, paper, writing or document relating to the matters in question in the cause upon the order of the person before -w horn he is examined shall produce the same for his inspection and for 1902 JUDICATURE Cap. 17 185 that purpose a reasonable time shall be allowed ; but no party shall be obliged to produce any deed, paper, writing or document which is privileged or protected from produc- tion. N.W.T., c. 21, E. 212. 212. Either party may appeal from the order of the Appeal from examiner and thereupon the examiner shall certify under examiner's his hand the question raised and the order made thereon. N.W.T., c. 21, R. 213. 213. Any party or person refusing or neglecting to attend Refusal to at the time and place appointed for his examination or answer °etc. refusing to be sworn or to answer any lawful question put to him by the examiner or by any party entitled so to do or his counsel, solicitor or agent shall be deemed guilty of a contempt of court and proceedings may be forthwith had by attachment. If a defendant he shall be liable to have his defence if any struck out and be placed in the same Penalty. position as if he had not defended ; and the party examin- ing may apply to the Court or a judge to that efiect and an order may be made accordingly. N."W".T., c. 21, R. 214. 214. If the party or person under examination demurs or Objections by objects to any question or questions put to him the question '"'''"^^s- or questions so put and the objection of the witness thereto shall be taken down by the examiner and transmitted by him to the office of the court where the pleadings are filed J^^y^^j^"^*^ to be there filed ; and the validity of such objection shall ° ™ ^ ^^' be decided by the Court or a judge ; and the costs of and occasioned by such objection shall be in the discretion of the Court or a judge. N.W.T., c. 21, R. 215. 215. Subject to rules 21Y, 218 and 219 hereof the deposi-* Form and tions taken upon any such oral examination as aforesaid depraition! ° «hall be taken down in writing by the examiner not ordin- arily by question and answer but in the form of a narrative expressed in the first person ; and when completed shall be read over to the party examined and shall be signed by him in the presence of the parties or of such of them as think fit to attend. N.W.T., c. 21, R. 216. 216. If the party or person examined refuses or is un- Witness not able to sign the depositions then the examiner shall sign dlpoStion. the same ; and the examiner may upon every examination state any special matter to the Court if he thinks fit. N.W. spSmatter. T., c. 21, R. 2n. 21*7. It shall be in the discretion of the examiner to put Question and down any particular question or answer if there appears to obj^tions, be any special reason for so doing and any question or etc. questions objected to shall at the request of either party be noticed or referred to by the examiner in or upon the deposi- 186 Cap. 11 CONSOLIDATED ORDINANCES 0. Recording in deposition. Deposition taken in shorthand. tions ; and he shall state his opinion thereon to the counsel, solicitors, agents or parties and if requested by either party he shall on the face of the depositions refer to such state- ment. N.W.T., c. 21, E. 218. 218. In case of an examination before the trial or other- wise than at the trial of an action if the examining party desires to have such examination taken in shorthand he shall be entitled to have it so taken at the place of examina- tion except where the Court or a judge sees fit to order otherwise. N.W.T., c. 21, R. 219. Form and 219. Where an examination in a cause or proceeding is shortifanT °' taken by the examiner or any other authorized person in report. shorthand the examination may be taken down by question and answer ; and in such cases it shall not be necessary for the depositions to be read over to or be signed by the person examined unless the judge so directs where the examination is taken before a judge or in other cases unless any of the parties so desires. N.W.T., c. 21, E. 220. Certified copy 220. A copy of the deposition so taken certified by the of depositions, pgpgon taking the same as correct shall for all purposes have the same effect as the original depositions in ordinary cases. N.W.T., c. 21, E. 221 Filing depositions. Certified copies evidence. 221. Wherever any such examination of any party or wit- ness has been taken before a clerk of the Territorial Court or before any officer or other person authorized or appointed to take the same the depositions taken down by the ex- aminer shall at the request of any party interested and on payment of his fees be returned to and kept in the office of - the clerk of the court in which the proceedings are being carried on ; and office copies of such depositions may be given out and the examinations and depositions certified under the hand of the examiner taking the same or a copy thereof certified under the hand of the clerk of the court shall without proof of the signature be received and read in evidence saving all just exceptions. N.W.T. c. 21, E. 222. Special report 222. Every person taking examinations may and if need be shall make a special report to the Court in which such proceedings are pending touching such examinations and the conduct or absence of any witness or other person thereon or relating thereto ; and the Court shall institute such proceedings and make such order upon such report as justice requires and as may be instituted and made in any case of contempt of court. N.W.T. c. 21, E. 223. Use of 223. Any party may at the trial of an action or issue or artriX*'°" upon any application or motion use in evidence any part of the examination of the opposite parties : 1902 JUDICATUEE Cap. 1*7 tSY Provided always that in such case the judge may look at the whole of the examination and if he is of opinion that any other part is so connected with the part to be so used that the last mentioned part ought not to be used without such other part he may direct such other part to be put in evidence. N.W.T. c. 21, E. 224. 224. The cost of every examination of parties or of officers Cost^of of corporations before the trial or otherwise than at the trial of an action shall be costs in the cause but the Court or judge in adjusting the costs of the action shall at the ins- tance of any party inquire or cause inquiry to be made into the propriety of having made any such examination ; and if it is the opinion of the Court or judge or the clerk as the case may be that such examination has been had unreason- ably, vexatiously or at unnecessary length the costs occa- sioned by the examination shall be borne in whole or in part by the party in default. The clerk may make such inquiry without any direction. N.W.T. c. 21, E. 225. examinati ons. OEDER XXII. ADMISSIONS. 226. Any party to a cause or matter may give notice by Notice of his pleading or otherwise in writing that he admits the admission truth of the whole or any part of the case of any other party. [B. B11.] N.W.T. c. 21, E. 226. 226. Either party may call upon the other party to admit Notice to any document saving all just exceptions ; and in case of Ig^'^enta refusal or neglect to admit after such notice the costs of proving any such document shall be paid by the party so Costs: neglecting or refusing whatever the result of the cause or tek^ed ^^^*°"^ the matter may be unless at the trial or hearing the judge (2) notice not is satisfied that the refusal to admit was reasonable ; and ^'^®"' no costs of proving any document shall be allowed unless such notice is given except where the omission to give the notice is in the opinion of the judge a saving of expense. JB. 372.] N.W.T. c. 21, R. 227. 227. Any party may by notice in writing at any time not Notice to later than twelve days before the day fixed for trial call on admit facts. any other party to admit for the purposes of the cause, matter or issue only any specific fact or facts mentioned in such notice ; and in case of refusal or neglect to admit the Costs where same within six days after service of such notice or within ^^^1^°"^ such further time as may be allowed by a judge the cost of proving such fact or facts shall be paid by the party so neglecting or refusing whatever the result of the cause. 188 Cap. IV CONSOLIDATED ORDINANCES CO. Effect of admission. Admissions. Amendment matter or issue may be unless at the trial or hearing the judge is satisfied that the refusal to admit was reasonable: Provided that any admission m.ade in pursuance of such notice is to be deemed to be made only for the purposes of the particular cause, matter or issue and not as an admis- sion to be used against the party on any other occasion or in favour of any person other than the party giving the notice : Provided also that the judge may at any time allow any party to amend or withdraw any admission so made on such or withdrawal tgj.jjjg ag a^re just. [£.314.] N.W.T. c. 21, E. 228. Judgment on admissions. Evidence of admissions. 228. Any party may at any stage of a cause or matter where admissions of fact have been made either on the pleadings or otherwise apply to a judge for such judgment or order as upon such admissions he may be entitled to without waiting for the determination of any other ques- tion between the parties and the judge may upon such application make such order or give such judgment as the judge thinks just. [E. 376.] N.W.T. c. 21, E. 229. 229. An affidavit of the solicitor or his clerk of the due signature of any admissions made in pursuance of any notice to admit documents or facts shall be sufficient evidence of such admissions if evidence thereof is required. [E. Si*l.] N.W.T. c. 21, E. 280. Notice to admit or produce. Costs. 230. Tf a notice to admit or produce comprises documents which are not necessary the costs occasioned thereby shall be borne by the party giving such notice. [E. 3'79.] N.W. T. c. 21, E." 231. OEDEE XXIII. ISSUES, INQUIRIES AND ACCOUNTS. Issues of fact, 231. Where in any cause or matter it appears to the Court Sfng"^ ^"^ °^ judge that the issues of fact in dispute are not sufficient- ly defined the parties may be directed to prepare issues and such issues shall if the parties differ be settled by the Court or judge, [E, 380.] N.W.T. c. 21, E. 232. Inquiries and accounts, when and how talcen. 232. The Court or a judge may at any stage of the pro- ceedings in a cause or matter direct any necessary inquiries or accounts to be made or taten and may direct the same to be taken by the clerk or other competent person notwith- standing that it appears that there is some special or further relief sought for or some special issue to be tried as to which it may be proper that the cause or matter should proceed in the ordinary manner. fE. 881,] N.W.T., c. 21, E. 238. 1902 JUDICATURE Cap. 17 189 233. In cases where the statement of claim is for an Actions for account or involves the taking of an account if the defen- '"=°°""'- dant either fails to appear or does not after appearance satisfy the judge that there is some preliminary question to be tried the plaintiff may obtain an order directing the taking of proper accounts ; and in cases in which the plaintiff in the first instance desired to have an account taken the statement of claim shall request the same. [E. 121.] N.W.T., c. 21, E. 284 284. The judge may either by the judgment or order Special directing an account to be taken or by any subsequent order to'^^'odTof^^ give special direction with regard to the mode in which the taking account is to be taken or vouched and in particular may *<=<=°™*- direct that in taking the account the books of account in which the accounts in question have been kept shall be taken as prima facie evidence of the truth of the matters therein contained with liberty to the parties interested to take such objections thereto as they are advised. [E. 382.] N.W.T., c. 21, R. 285. 285. Where any account is directed to be taken the Account. accounting party unless the judge otherwise directs shall make out his account and verify the same by affidavit. The items on each side shall be numbered consecutively Verification. and the account shall be referred to by the affidavit as an exhibit and be filed in Court [E. 388.] N.W.T., c. 21, E. 236. 236. Upon taking of any account the Court or judge may Production of direct that the vouchers shall be produced at the office of vouchers. the solicitor of the accounting party or at any other con- Contested venient place and that only such items as may be contested ^*^™^' or surcharged shall be brought before the judge in cham- bers. N.W.T., c. 21, E. 23*7. 237. Any party seeking to charge any accounting party Surcharge. beyond what he has by his account admitted to have received shall give notice thereof to the accounting party stating so far as he is able the amount sought to be charged and the particulars thereof in a short and succinct manner. [E. 384.] N.W.T., c. 21, E. 238 288. Every judgment or order for a general accoimt of the inquiry as to personal estate of a testator or intestate shall contain a estate" '"^ direction for an inquiry as to what parts if any of such per- sonal estate are outstanding or undisposed of unless the Court or judge otherwise directs. [E. 385.] N.W.T., c. 21, E. 239. 239. Where by any judgment or order whether made in Numbering Court or by the judge any accounts are directed to be taken etention, of any party to a cause or matter and upon such terms as orlnspeotfon are just to majse any order for the detention, preseryation or °^ property. inspection of any property or thing being the subject of such cause or matter or as to which any question may arise therein and for all or any of the purposes aforesaid to au- thorise any person to enter upon or into any land or build- ing in the possession of any party to such cause or matter and for all or any of the purposes aforesaid to authorise any samples to be taken or any observation to be made or experiment to be tried which may be necessary or expe- dient for the purpose of obtaining full information or evid- ence. [E. 659.] K.W.T., c. 21, R. 401. 410. It shall be lawful for the judge by whom any Inspection by cause or matter is heard or tried with or without a jury or ^""^^^ °^ ^^^^' before whom any cause or matter is brought to inspect any property or thing concerning which any question arises therein and in jury cases the judge may make all such orders upon the sheriff or other person as are necessary to procure the attendance of the jury at such a time and place and in such m.anner as he thinks fit. [E. 660 and 661.] N.W.T.,c. 21, E. 402. 411. "Where an action is brought to recover or a defen- Order for dant in his defence seeks by way of counterclaim to recover ^peclfi7°* specific property other than land and the party from whom chattel such recovery is sought does not dispute the title of the ue^r'^ "^^^^ party seeking to recover the same but claims to retain the payment into property by virtue of a lien or otherwise as security for any "°™*' sum, the judge may at any time after such last mentioned claim appears from the pleadings or if there are no pleadings by affidavit or otherwise to the satisfaction of such judge, order that the party claiming to recover the property be at liberty to pay into court to abide the event of the action the sum of money in respect of which the lien or security is claimed and such further sum if any for interest and costs as such judge directs and that upon such payment into court being made the property claimed be given up to the party claiming it. [E. 664.] N.W.T., c. 21, R. 403. 412. "Where any real or personal property forms the sub- Allowance out ject of any proceedings in the court and the judge is satisfied pe^^^^eiue. 224 Cap. 17 CONSOLIDATED ORDINANCES 0. 0. Injunction. Injunction against wrongful act or breach of contract. that the same will be more than sufficient to answer all the claims thereon which ought to be provided for in such pro- ceedings the judge may at any time after the commence- ment of the proceedings allow to the parties interested therein or to any one or more of them the whole or part of the annual income of the real property or a part of the per- sonal property or the whole or a part of the income there- of up to such times as the judge directs. [E. 665.] N-W-T., c 21, E. 404. 413. An injunction shall be by a judgment or order and any such judgment or order shall have the .effect which a similar judgment or order has in England. [E. 6G1.] c. 21, R. 405. 414. In any cause or matter in which an injunction has been or might have been claimed the plaintiff may before or after judgment apply for an injunction to restrain the defendant or respondent from the repetition or continuance of the wrongful act or breach of contract complained of or from the commission of any injury or breach of contract of a like kind relating to the same property or right or arising out of the same contract and the judge may grant the injunc- tion either upon or without terms as is just. [E. 668.] N.W.T., c. 21, E. 406. MANDAMUS. Mandamus. Statement of claim. 415. The plaintiff in any action in which he claims a mandamus to command the defendant to fulfil any duty in the fulfilment of which the plaintiff is personally inter- ested shall include the claim in his statement of claim. N.W.T., c. 21, E. 401. Order upon 416. If judgment is given for the plaintiff the court or defendant for judge may by the judgment command the defendant either per ormance. fQp^jj^j^}^ q^ q^ ^I^q expiration of such time and upon such terms as may appear to the court or judge to be just to per- form the duty in question. The court or judge may also extend the time for the performance of the duty. [E. Y21.] N.W.T., c 21, R. 408. Enforcement. 411. In the event of noncompliance with the judgment as aforesaid the same may be enforced by prerogative man- damus as in England. N.W.T., c. 21, E. 409. Protection of 418. No actiou or proceeding shall be commenced or pro- under" ^"'"^ secuted again st any person in respect of anything done in mandamus, obedieuce to a judgment or order for a mandamus. [B. 730.] N.W.T., c. 21, E. 410. 1902 JUDiCAT^TJKE Cap. 1*7 225 419. No writ of mandamus shall hereafter be issued in Mandamus to any action but a mandamus shall be by judgment or order •'^dgment or which shall have the same effect as a similar judgment or order. order has in England. [E. 122.1 N.W.T., c. 21, E. 411. ORDER XXXIV. EEOEIVERS. 420. Where an order is made directing a receiver to be Receiver. appointed unless otherwise ordered the person to be appoint- ed shall first give security to be allowed by a judge duly to Security. account for what he receives as such receiver and to pay the same as the Court or judge directs and the person so to be appointed shall unless otherwise ordered be allowed a Remuneration proper salary or allowance. [B. 672.] N.W.T., c. 21, R. 412. 421. When a receiver is appointed with a direction that Time for filing he shall pass accounts the judge shall fix the days upon payment of "^ which he shall annually or at longer or shorter periods file balances. and pass such accounts and also the days upon which he shall pay the balances appearing due on the accounts so filed or such part thereof as shall be certified as proper to be paid by him and with respect to any such receiver as shall neglect to file and pass his accounts and pay the balances Neglect of thereof at the times so to be fixed for that purpose as afore- receiver. said the judge before whom any such receiver is to account may from time to time when his subsequent accounts are produced to be examined and passed disallow the salary therein claimed by such receiver and may also if he thinks fit charge him with interest upon the balances so neglected to be paid by him during the time the same appear to have remained in the hands of any such receiver. [B. 674.] N.W.T., c. 21, R. 413. 422. In case of any receiver failing to file any account or Default of affidavit or to pass such account or to make any payment or p'^^^'^Xre on. otherwise the receiver or the parties or any ol them may be required to attend before the judge to show cause why such account or affidavit has not been filed or such account passed or such payment made or any other proper proceedings taken and thereupon such directions as are proper may be given by the j udge including the discharge of any receiver and appointment of another and payment of costs. [E. 677] N.W.T., c. 21, R. 414.^ 423. When a receivership has been completed the book Receiver's containing the accounts shall be deposited in the clerk's accounts. office. N.W.T., c. 21, B. 41-5. 15— Y. o 226 Cap. 1^ CONSOLIDATED ORDINANCES 0. 0. Passing accounts. 424. The accounts of liquidators and of guardians shall be passed and verified in the same manner as receiver's accounts. N.W.T., c. 21, R. 416. ORDER XXXV. ATTACHMENT OF PEESONAL PROPERTY. Attachment ■of goods. Affidavits required. 425. After the commencement of any suit wherein the claim is for the recovery of a debt of $50 or upwards from the defendant upon affidavit made by the plaintiff or one of several plaintiffs, if more than one, his or their agent, having a personal knowledge of the matter stating clearly and succinctly from what cause such debt arose and the amount thereof and that he has good reason to believe (giving reasons therefor) that the defendant — (a) Is about to abscond or has absconded from the Ter- ritory leaving personal property liable to seizure under execution for debt ; or (b) Has attempted to remove such personal property out of the said Territory or to sell or dispose of the same with intent to defraud his creditors generally or the plaintiff in particular ; or (c) Keeps concealed to avoid service of process ; and (d) In every case that the deponent verily believes that without the benefit of the attachment the plaintiff will lose his debt or sustain damage ; and upon the further affidavit of one other credible person that he is well acquainted with the defendant and has good reason to believe (giving such reason) that the defendant is about to abscond or has absconded or has attempted to remove his personal property out of the said Territory or to sell or dispose of the same or keeps concealed with intent as aforesaid as the case may be the judge if satisfied with the reasons aforesaid on application to him ex parte may direct the clerk to issue a writ of attachment in form D in the schedule hereto which writ shall be executed by the sheriff according to its tenor : Provided that in any case where the debtor has absconded or is about to abscond from the Territory leaving no wife or family behind no property of such debtor shall be exempt from seizure. N.W.T., c. 21, R. 411. ■Copy writ of 426. A copy of every such writ shall be served on the attachment to debtor agaiust whose effects the same is issued at the time of making any seizure thereunder or as soon thereafter as such service can be effected if the said debtor can be found ; but if such personal service cannot be effected a copy thereof shall be left with some grown-up person resident at the Application to judge. Exemption :from seizure. 1902 JUDICATURE Cap. 17 221 place where such seizure is made or if no person is resident, posted in a conspicuous place on the premises. N.W.T., c. 21, E. 418. 421. Immediately after making a seizure under the said Sheriff's writ the pherifF shall make a return of the writ and with -^'"Xy^ such return transmit annexed thereto an inventory of the property seized and the value thereof according to the best of his judgment and an affidavit of the manner in which service of such writ has been effected. N.W.T., c. 2 1, R. 419. 428. Upon the seizure of any property under the writ Return of hereinbefore described the person in whose possession it fnVving^*^ was at the time of seizure may have the same returned to security or him upon giving the sheriff sufficient security for or paying vaFueoiaimed. into court an amount equal to its appraised value as shown by the inventory prescribed by the next preceding rule. N.W.T., c. 21, K 420. 429. Unless the property seized^ is redelivered or relin- Unless rede- quished by the sheriff under any of the provisions hereof he toehold unTii shall hold the same until the plaintiff obtains jugdment in execution the cause and an execution upon such judgment is delivered to the sheriff: Provided that in case the plaintiff is guilty of any unnecessary delay in the prosecution of his suit to judgment the Court or a judge may order the redelivery of the property so seized to the person from whose possession it was taken unless some other writ of attachment or execution against the defendant is in the sheriff's hands for execution. N.W.T., c. 21, E. 421. 430. Notwithstanding the issue of a writ of attachment Subsequent the cause shall be proceeded with in the ordinary way but p™°®® '°^*'" the plaintiff shall not have judgment against the d.efendant except by order of the judge and in case the plaintiff fails to recover judgment for the full amount of the debt sworn to be shall not be entitled to any costs but may be ordered to pay the costs of the defendant. N.W.T., c. 21, E. 422. 431. A writ of attachment may be set aside by a judge on ^^^^^s aside satisfactory proof by affidavit that the creditor who sued out such writ had not reasonable cause for taking such pro- ceeding. N.W.T., c. 21, E. 423. 432. If any horses, cattle, sheep or any perishable goods Disposal of or chattels or such as from their nature cannot be safely ^^^^|,°^,g kept or conveniently taken care of are taken under any goods pending writ of attachment the officer who seized the same shall s"i'- have them appraised and valued on oath by two competent persons and in case the plaintiff desires it and deposits with 15|— T.o. 228 Cap. 17 CONSOLIDATED ORDINANCEis CO. the sheriff a bond to the defendant executed by one or more persons whose sufficiency is approved of by such officer in double the amount of the appraised value of such articles conditioned for the payment of such appraised value to the defendant together with all costs and damages incurred by the seizure and sale thereof in case judgment is not obtained by the plaintiff against the defendant then the sheriff may sell all or any of such enumerated articles at public auction to the highest bidder giving not less than six days' notice of such sale unless any of the articles are of such a nature as not to allow of that delay in which case the officer shall sell such articles last mentioned forthwith and shall hold the proceeds of such sale for the same purpose as he would have held any property seized under the attachment. N.W.T., c. 21, E. 424. Plaintiff omitting to give security. 483. If the plaintiff after notice to himself or his solicitor of the seizure of any articles enumerated in thei,next preceeding rule neglects or refuses to deposit the bond or only offers a bond with sureties insufficient in the judgment of the sheriff then after the lapse of four days next after the notice the sheriff shall be relieved from all liability to the plaintiff in respect to the articles so seized and the sheriff shall forthwith restore the same to the person from whose possession he took such articles. [E.S.O. 189*7, c. 19, s. 6.] N.W.T. c. 21, R. 425. OEDER XXXVI. REPLEVIN. Recovery of goods unlawfully detained. Property in custody of court. 436. In any action brought for the recovery of any per- sonal property and claiming whether alone or with any other claim that such property was unlawfully taken or is unlaw- fully detained the plaintiff may at any time after the issue of the writ of summons obtain a writ of replevin for the delivery of the property to him on his complying with the fol- lowing rules ; such writ shall be in form E in the schedule hereto with such variations as circumstances require ; but nothing herein contained shall authorise the replevying any property seized by the sheriff or other officer charged with the execution of any process issued out of the court. N.W.T. c. 21, E. 426. Issue of writ of replevin. Affidavit therefor. 435. "Writs of replevin shall be -issued by the clerk of the Court upon the plaintiff or his duly authorised agent filing an affidavit : 1. Embodying a description of the property sought to be replevied and the value thereof to the best of the deponent's belief ; and a statement that the person claiming is the owner or is entitled to the possession of the said property ; 1902 JUDICATURE Cap. IT 229 2. Further stating if replevin is souglit in the case of pro- perty distrained for rent or damage feasant that the property was taken under colour of distress for rent or damage feasant as the case may be ; 3. Or in the case of property wrongfully taken out of the possession of the claimant or fraudulently got out of his possession stating in addition to the particulars required by clause 1 of this rule the time and the wrongful and fraudu- lent manner in which the same was taken or gotten out of his possession and such facts and circumstances as show that the claimant is entitled to the possession of the property; 4. After the issue of a writ of replevin the defendant or Return of his agent shall have the right to apply to the judge for an defendanton order allowing him to retain possession of the property upon givinpr giving such security to the sheriff as the judge orders. ^®'^™'*y- Such security shall be assigned on request to the party entitled to the benefit thereof by the sheriff indorsing his name thereon and such indorsement shall be sufficient to enable such party to bring action thereon in his own name against the several parties who have executed such security, N.W.T. c. 21, R. 427. 436. Before the sheriff replevies he shall take a bond in Replevin bond double the value of the property to be replevied as stated" in the writ. The bond shall be assignable to the defendant Assignment of by the sheriff indorsing his nanie thereon and such indorse- ment shall enable the defendant to bring an action thereon in his own name against the parties who have executed it. The bond may be in form F in the schedule hereto with Form. such variations as circumstances require and the parties to such bond shall be liable to the defendant and the defendent Defendant's be entitled to recover from them in such action as well the "^ ^' value of the property replevied as the amount of any judg- ment in his favour in the original action as also such damages as the defendant has sustained by reason of the detention of the property replevied by means of the said writ. N.W.T. c. 21, R. 428. 43*7. A copy of such a writ shall be served upon the de- service of fendant personally or if he cannot be found left at his <="py °f ^"*- usual or last place of abode with his wife or some other grown up person being a member of his family or house- hold or if no such person resident there posted in a conspi- cuous place on the premises or if the defendant has no known residence posted up in the office of the clerk who issued the writ : but such service or posting shall not be made until the sheriff has replevied the property described in the writ or such part thereof, as is found; and in case property the said sheriff or other officer has good reason to ^us- secured^or pect that the property to be replevied or any part thereof is f°om sheriff, secured, contained or concealed in any dwelling house build- ing or enclosure of the defendant or of any other person 230 Gap. 11 CONSOLIDATED OBDINANCES C. keeping or holding the same and the said sheriff or officer demands from the owner, occupier or other person in charge of the premises aforesaid deliverance of the said property and the same is not delivered upon such demand he may and if necessary he shall (but only between sunrise and sunset) break open such premises and enter and search the same for the purpose of replevying the property deman- ded and if found therein replevy the same. N.W.T., c. 21, E. 429. SheriflF's 438. The sheriff shall make a return to the writ to the return to wnt. ^j^^j^ ^£ ^^^ ^^^^^ whence it issued and shall annex to the return — :. The names, places of residence and occupation of the sureties in and the date of the bond taken from the plaintiff and the names of the witnesses thereto ; 2. The number, quality and quantity of the articles of property replevied and in case he has replevied only a por- tion of the property mentioned in the writ and cannot replevy the residue he shall state in his return the articles which he cannot replevy and the reason why not. N.W.T. c. 21, E. 430. OEDEE XXXYII. INTERPLEADER. Interpleader. 439. Eelief by Way of interpleader may be granted — Cases in which 1 Where the person seeking relief (hereinafter called relief granted, the applicant) is Under any liability for any debt, money, goods or chattels for or in respect of which he is or expects to be sued by two or more parties (hereinafter called the claimants) making adverse claims thereto ; 2. "Where the applicant is a sheriff or other officer charged with the execution of process by or under the authority of the Court and claim is made to any property taken or intended to be taken in execution or attachment under any process or to the proceeds or value of any such property by — (a.) Any person other than the person against whom the process issued : {b.) Any landlord for fent ; (c.) Any second or subsequent execution creditor claim- ing priority over any previous judgment, execu- tion, process or proceeding ; (d. The execution or attachment debtor claiming the benefit of any exemptions from seizure allowed by law. N.W.T., c. 21, E. 431. 1902 JUDiCATfRE Cap. 17 231 440. Where a claim is made to or in respect of any goods SherifiE's or chattels taken in execution tinder the process of the cilTm t^be " court it shall be in writing and upon the receipt of the ™ writing. claim the sheriff or his officer shall forthwith give notice ?y°'exeVu°tion'^ thereof to the execution creditor and the execution creditor creditor. shall within four days after receiving the notice give notice to the sheriff or his officer that he admits or disputes the claim. If the execution creditor admits the title of the claimant and gives such notice he shall only be liable to such sheriff or officer for any fees and expenses incurred prior to the receipt of the notice admitting the claim. N.W.T , c. 21, R 482. 441. Where the execution creditor does not in due time if =i?i™not as directed by the next preceding rule admit or dispute the abandoned!^ title of the claimant to the goods or chattels and the claim- is™« °f ant does not withdraw his claim thereto by notice in writ- '"™™°'^^- ing to the sheriff or his officer the sheriff may apply for an interpleader summons to be issued and should the claimant withdraw his claim by notice in writing to the sheriff or his officer or the excution creditor in like manner serve an Admissioii or 1*. «.i ...1 Pit !• j_ • iji . abandonment admission oi the title oi the claimant prior to the return after day of such summons and at the same time give notice of summons. such admission to the claimant the judge may in and for . the purposes of the interpleader proceedings make all such orders as to costs, fees, charges and expenses as are just Costs. and reasonable. N W.T., c. 11, R. 433. 442. The applicant shall satisfy the court or judge by Matters to be affidavit or otherwise- P^°J?t„t 1. That the applicant claims no interest in the subject matter or dispute other than for charges or costs ; and 2. That the applicant does not collude with any of the claimants ; and 3. That the applicant is willing to pay or transfer the subject matter into court or to dispose of it as the court or judge directs. [E 851.] N.W.T., c. 21, R. 431. 443. The applicant shall not be disentitled to relief by Adverse titles reason only that the titles of the claimants have not a com- ° f*^™^" ^• mon origin but are adverse to and independent of one another. N.W.T , c. 21, R 435. 444. When the applicant is a defendant application for ^p^'^J^^^"^^ relief may be made at any time after service of the writ of '^ summons. [E. 853.] N.W.T., c. 21, R. 436. 445. The applicant may take out a summons calling on Summons by the claimaats to appear and state the nature and particulars applicant. of their claims and either to maintain or relinquish them. [E. 854.] NW.T., c. 21, R. 437. 232 Cap. 11 CONSOLIDATED OKDINANOES CO. stay of action. 446. If the application is made by the defendant in an action the Court or judge may stay all further procedings in the action. [E. 855.] N.W.T., c. 21, R. 438. Order on summons. Issue. Summary disposal. Question of law. Special case. 44^7 . If the claimants appear in pursuance of the sum- mons the Court or judge may order either that any claimant be made a defendant in any action already commenced in respect to the subject matter in dispute in lieu of or in addition to the applicant or that an issue between the claimants be stated and tried and in the latter case may direct which of the claimants is to be plaintiff and which defendant as also the time and place for the trial of such issue. [E. 856.] N.W.T., c. 21. R. 439. 448. The judge may if it seems desirable so to dispose of the merits of their claims and decide the same in a sum- mary manner and on such terms as are just. [E. 851.] N.W.T., c. 21, E. 440. 449. When the question is a question of law and the facts are not in dispute the judge may either decide the question without directing the trial of an issue or order that a special case be stated for the opinion of the Court. If a special case is stated the provisions herein relating to special cases shall as far as applicable apply thereto. [E, 858.] N.W.T., c. 21, E. 441. Claimant not 450. If a claimant having been duly served with a appearmgor gummons calling upon him to appear and maintain or default. relinquish his claim does not appear in pursuance of the summons or having appeared neglects or refuses to comply with any order made after his appearance the Court or judge may make an order declaring him and all persons claiming under him forever barred against the applicant and persons claiming under him but the order shall not affect the rights of the claimants as between themselves. [E. 859.] N.W.T., c. 21, E. 442. Appeal lies, 451. Subject to the provisions of this order an appeal shall lie to the Court en banc from the decision of the Court or a judge in any interpleader proceeding but subject- to such Decision appeal the decision of the Court or judge shall be final and otherwise final couclusive against the claimants and all persons claiming under them. N.W.T., c. 21, R. 443. Order for sale of goods seized 452. "When goods and chattels have been seized in execu- tion or under attachment by a sheriff and any claimant alleges that he is entitled under a bill of sale or otherwise to the same by way of security for debt the judge may order the sale of the whole or a part thereof and direct the application of the proceeds of the sale in such manner • ^ 1902 JUDICATURE Cap. 1*7 233 and upon such terms as are iust. [E. 861.1 N. W. T., c. 21, R.444. 453. The rules of court in respect to discovery and inspec- piaoovery and tion shall with the necessary modifications apply in inter- ™sp«°*'°°- pleader proceedings and the judge before whom the pro- ceedings are had may finally dispose of the whole matter lowers of of the interpleader proceedings including all costs not ^'^^^^' otherwise provided for. (E 862.] N.W.T., c. 21, R. 445. 454. In case the sheriff has more than one writ at the Application suit or instance of different parties against the same pro- rxecMtionT"^* perty it shall not be necessary for the sheriff to make ^samst same separate applications on such writs or in each case ; but he ^^°^^^ ^' may make one application and make all the parties who are execution creditors parties to the said application ; and the Court or judge before whom the application is made may make such order therein as if a separate application had been made upon and in respect to each writ. N.W.T., c. 21, R. 44tj. 455. Pending the adjudication of any such claim the Delivery of sheriff may upon sufiftcient security being given to him by SaimaS '° bond or otherwise for the forthcoming and delivery to pending him of the property so taken or the value thereof when * ''" '°* '°"' demanded permit the claimant to retain the possession of the same until there is final adjudication in respect of the same ; but in every such case it shall be competent for the said sheriff or other officer at any time he sees fit to resume the actual and absolute possession and custody of the said property notwithstanding such bond or security. Horses, cattle, sheep or any perishable goods the siibiect of ^=^1® °? °^*V® interpleader may at the request of either party and upon goods. his furnishing sufiicient security or by order of the judge be sold by the seizing officer at public auction to the highest bidder giving not less than ten days' notice of such sale unless any of the articles are of such a nature as not to admit of delay in which case they may be sold forthwith. IST.W.T., c 21, R. 44*7. 456. The Court or a judge may in and for the purpose of Costs and any interpleader proceedings make all such orders as to ° ^"^ '"'^ ^'^^' costs and all other matters as are just and reasonable. IE. 864.] N.W.T., c. 21, R. 448. ORDER XXXVIII. SALES OF LAND, PARTITION, ETC. 45*7. If in any cause or matter relating to any real estate Court, may it appears necessary or expedient that the real estate °effestate.°^ or any part thereof should be sold the Court or a judge 234 Cap. 1*7 consolidated ordinances 0. 0. may order the same to fee sold and any party bound by the order and in possession of the estate or in receipt of the rents and profits thereof shall be compelled to deliver up such possession or receipt to the purchaser or such other person as is thereby directed. [E. 680.] N.W.T., c. 21, E. 449. Mode of 458. In all cases where a sale, mortgage, partition or sa[e^™^ °"' exchange is ordered the Court or a judge shall have power mortgage, etc. in addition to the powers already existing, with a view to bycourt?^'^^'^ avoiding expense or delay or for other good reason, to authorize the same to be carried out — 1. By laying proposals before the judge in chambers for his sanction ; or 2. By proceedings altogether out of court, any moneys produced thereby being paid into court or to trustees or otherwise dealt with as the judge in chambers orders : Provided always that the judge shall not authorize the said proceedings altogether out of court unless and until he is satisfied by such evidence as he deems sufficient that all persons interested in the estate to be sold, mort- gaged, partitioned or exchanged are before the Court or are bound by the order for sale, mortgage, partition or exchange and every order authorizing the said proceedings altogether out of court shall be prefaced by a declaration that the judge is so satisfied as aforesaid and a statement of the evidence upon which such declaration is made. [E. 680a.] N.W.T., c. 21, E. 450. Sale by court. 459. Where a judgment or order is given or made whether in court or chambers directing any property to be sold, Approval of uuless otherwise ordered the same shall be sold with the ■■" ^'^' approbation of the judge to the best purchaser that can be got, the same to be allowed by the judge, and all proper Parties. parties shall join in the sale and conveyance as the judge directs. [E. 68:^.] N.W.T., c. 21, E. 451.' Originating 460. A mortgagee or mortgagor whether legal or equit- aummons for xi ^^ a ,.,i •. ^ ° , . ° , i • j. foreclosure, able or any person entitled to or having property subject ftc. to a legal or equitable charge or any person having the right to foreclose or redeem any mortgage whether legal or equitable may obtain an originating summons return- able in chambers for such relief of the nature or kind following as may by the summons be specified and as the circumstances of the case require that is to say : sale, foreclosure, delivery of possession by the mortgagor, redemp- tion reconveyance, delivery of possession by the morgagee. [E. 167a.] N.W.T., 21, E. 452. orfel"'^"' ""^ '^^^- "^^^ j^dge may upon such summons pronounce such judgment and make such orders as the case requires including orders vesting such property in such person or 1902 JUDICATURE Cap. 11 235 persons as are found or declared entitled thereto for such estate or interest as is requisite. N.W.T., c. 21, R. 453. 462. The persons to be served with such summons shall Persona to be be such persons as under the existing practice would be the ^®"'^'^- proper defendants to an action for. the like relief as that specified by the summons. [E. 161b.] N.W.T., c. 31, E. 464. 463. The judge may direct such other persons to be served Service on with the summons as he thinks fit. [E. 16S.] N.W T °"'^'' p^'^^""^- c. 21, R. 455. 464. The application shall be supported by such evi- Evidence. dence as the judge requires and directions may be given as questions. he thinks just for the trial of any questions arising thereout. [E. '769.] N.W.T., c. 21, R. 456. 465. The judge may give any special directions touching Special the carriage or execution of the judgment or order or the <^"^°'i°"s- service thereof upon persons not parties as he thinks just. N.W.T., c. 31, R. 457. ORDER XXXIX. MOTIONS AND APPLICATIONS. 466. Applications for summonses, rules and orders to Ex parte show cause and applications authorised to be so made by appi"=a'i°"s- these rules may be made ex parte. Other motions in court Court motions shall be by notice of motion and other applications in chamber chambers by summons or notice except where otherwise applications. specially provided. But the Court or judge if satisfied that delay caiised by proceeding in the ordinary way would or might entailed irreparable or serious mischief may make Order ex parte any order ex parte upon such terms as to costs or otherwise if delay and subject to such undertaking if any as the Court or ™J""""^- judge thinks just ; and any party affected by such order may move to set it aside or to vary it. [E. 698.) N.W.T.,c, 21, R. 458. 46*7. Every notice of motion or summons or notice to set Grounds to be " - - - stated in certain cases. aside, remit or enforce an award or for attachment or commit- ^^^^^ '° tal or to strike off the rolls shall state in general terms the grounds of the application ; and where any motion is made Service of by notice a copy of any affidavit intended to be used shall affidavits. be served with the notice of motion. ]E. 699.] N.W.T., c. 21, R. 459. 468. Unless the Court or a judge gives special leave to Motions. the contrary there must be at least two clear days between ^^J^^^^ °^ 236 Oap> 1*7 CONSOLIDATED ORDINANCES C. 0. the service of a notice of motion and the day named in the notice for hearing the motion. [E TOO.] N.W.T., c. 21, R. 460. Dismissal or 469. If on the hearing of a motion or other application there pTrtons the Oourt OT judge is of opinion that any person to whom not served, notice has not been given, ought to have or to have had such notice the Court or judge may either dismiss the motion or application or adjourn the hearing thereof in order that such notice may be given upon such terms if any as the Court or judge thinks fit to impose. ]E. Tol.] N.W.T., c. 21, E. 461. Adjournment 4'70. The hearing of any motion or application may from of heanng. .j.^^^ ^^ time be adiourned upon such terms if any as the Court or judge thinks fit. [E. 702 ] N.W.T., c. 21, R. 462. Deciding 47 1_ "When ou any application or motion in court or ques'tion^'^'' chambers it appears to the judge desirable that any ques- tion of law or fact should be first determined before pro- ceeding with the complete hearing of such application or motion the judge may direct such question to be first argued or determined upon such terms as to costs, adjournment and otherwise as he deems proper and upon the determina- tion of such question the judge may either finally dispose of the motion or application or proceed with a further hear- ing thereof as is proper. N.W.T., c. 'il, R. 463. Defendant not 472. The plaintiff" shall without any special leave be at a^peanngto i[]3gj.^y ^q gerve any notice or motion or other notice or any Service of petition or summons upon any defendant who having been notice on. duly served with a writ of summons to appear has not appeared within the time limited for that porpose. [E. 703.] N.W.T., c. 21, R. 454. Service of 473. The plaintiff may by leave of the Court or judge to motiOTi°before be obtained ex parte serv,e any notice of motion upon any appearance, defendant along with the writ of summons or at any time after service of the writ of summons and before the time limited for the appearance of such defendant. [E. 701.] N.W.T., c. 21, R 465. Enforcing 474. No Order shall issue for the return of any writ or return of writ order or to bring in the body of any person ordered to be sherifE^"^ ^ attached, arrested or committed ; but a notice from the per- son issuing the writ or obtaining the order for attachment, arrest, replevin or committal (if not represented by a solicitor) or by his solicitor calling upon the sheriff to return such writ or order or to bring in the body within ten days, if not complied with shall entitle such person to apply for an order for the committal of such sheriff". [B. 706.] N.W.i., C.21, R. 466. 1902 JUDICATURE Cap. 11 23*7 4'75. Every order shall be dated the day of the month and Dateof orders. year on which the same was made, unless the Court or a judge otherwise directs, and shall take effect accordingly. [B. 708.] N.W.T., c. 21 E. 967. 476. Where an order has been made not embodying any Certain orders special terms nor including any special directions, but JJrl^ up!"' simply enlarging time for taking any proceeding or doing any act or giving leave — (a) For the issue of any writ other than a writ of attachment ; (b) For the amendment of any writ or pleadings ; (c) For the filing of any document ; or (d) For any act to be done by any ofl3.cer of the court other than a solicitor ; it shall not be necessary to draw up such order unless the court or a judge otherwise directs ; but the production of a note or memorandum of such order signed by a judge shall be sufficient authority for such enlargement of time, issue or amendment, filing or other act. A direction that the costs of such order shall be costs in any cause or mat- ter shall not be deemed a special direction within the meaning of this section. The solicitor of the person on whose application such order is made shall forthwith give notice in writing thereof to such person, if any, as would if this rule had not been made, have been required to be served with such order. [E. 709.] N.W.T., c. 21, E. 468. OEDEE XL. APPLICATIONS IN CHAMBERS. I. — By Originating Summons. 477. Proceedings commenced by originating summons in Proceedings the Supreme Court of Judicature in England may be» so ^^^XT""^ commenced under this Ordinance unless otherwise provided and proceeding by a landlord to recover possession of demised premises from an overholding tenant may be so commenced. N.W.T., c. 21, E. 469. 478. An originating summons shall be sealed by the Sealing and clerk and shall follow form G- in the schedule hereto with f°™- such variations as are approved by the judge. N.W.T., c. 21, E. 470. 479. Unless otherwise ordered, there shall be at least ten Time for clear days between the service and return of an originating appearance. summons. N.W.T., c. 21, E. 471. 238 Gap. 17 coxsolidated ordinances C. 0. Service. 480. An originating summons may be served in the same manner as a writ of summons. N.W.T., c. 21, E. 412. Judgment on 48 1 . Upon proof by aiSdavit of the due service of the summon™^ Originating summons or on the appearance in person or by solicitor of the parties served the judge may pronounce such judgment as the nature of the case requires. (E. 410.] N.W.T., c. 21, R. 413. Special 482. The judge may give any special directions touching to^ud'ment ^^® Carriage or execution of the judgment or the service oju gmen . ^j^gj.gQ£ upon persous not parties as he thinks just. [E. 111.] N.W.T, c. 21, R. 474. II. — Generally. Service of •*83. Every summons except an originating summons chamber shall be served two clear days before the return thereof un- sun.mons. j^^^ ^^ ^^^ ^^^^ j^ -^ Q^j^gj-y^jge ordered. [E. 737.] N.W.T,, c. 21, R. 475. Proceeding 484. Where any of the parties to a summons or notice ex parte of application fail to attend whether upon the return of where party , ^^ . . '^ • , •, i> ,^ fails to attend, the summous or notice or at any time appointed tor the consideration or further consideration of the matter, the judge, after waiting thirty minutes, may allow the case to proceed ex parte if considering the nature of the case, he thinks it expedient so to do ; no affidavit of non attend- ance shall be required or allowed, but the judge may re- quire such evidence of service as he thinks just. [E. 738. N.W.T., c. 21, R. 476. Eeconsidera- 485. When the case has been allowed to proceed ex parte tiouoiexparte g^ch proceeding shall not in any manner be reconsidered "DrO 0660.111 0^8 unless the judge is satisfied that the party failing to attend was not guilty of wilful delay or negligence ; and .Costs. ^^ such case the costs occasioned by his non-attendance sbfill be in the discretion of the judge who may fix the same at the time and direct them to be paid by the party or his solicitor before he shall be permitted to have such proceeding reconsidered or make such order as to such costs as he thinks just. [E. 739.] N.W.T., c. 21, E. 477. ^™=eeding 486. When a proceeding in chambers fails by reason of attendsmee™ the nou-attendauce of any party and the judge does not of party. think it expedient to allow ex parte proceeding the judge €osts. may order such an amount for costs if any as he thinks reasonable to be paid to the party attending by the absent party or by his solicitor personally. [E. 740.] N.W.T., c. 21, R. 478. 1902 JUDICATURE Cap. 11 239 487. When matters in respect of whicili summonses have Summons not been issued or notices given are not disposed of upon the on Surnf return of the summons or notice the parties shall attend further from time to time without further summons or notice at '^"*'"'^*"'=^- such time or times as are appointed for the consideration or further consideration of the matter. [E. 741.] N.W.T., c. 21, R. 479. 488. A judge in chambers shall have jurisdiction to hear Jurisdiction :and determine any application or motion, except where it °hlm1fere" is by this Ordinance or by these rules otherwise provided, that may be heard and determined by a single judge or which by the practice and procedure in the Supreme Court of Judicature in England may be heard and determined by any judge in chambers, master or chief clerk. N.W.T., c. 21, E. 480. III. — Administration and Trusts. 489. The executors or administrators of a deceased person Originating or the sureties for administrators and the trustees under jg]°\^°g°to ■ any deed or instrument or any of them and any person express trusts claiming to be interested in the relief sought as creditor, tfon'of'estate devisee, legatee, next of kin or heir at law of a deceased of deceased person or as cestui que trust under the trust of any deed or p^^'^°°- instrument or as claiming by assignment or otherwise under such creditor or other person as aforesaid may obtain .an originating summons returnable before the judge in chambers at such time as he appoints, for : — (1.) The administration of the estate of the deceased ; (•2.) The administration of the trust ; (3.) The determination of any question affecting the rights -or interests of the person claiming to be creditor, devisee, legatee, next of kin or heir at law or cestui que trust ; (4.) The ascertainment of any class of creditors, legatees, devisees, next of kin or others ; (5.) The furnishing and vouching of any particular accounts by executors, administrators or trustees ; (6.) The payment into court of any money in the hands of executors, administrators or trustees ; (7.) Directing the executors, administrators or trustees to do or abstain from doing any particular act in their char- acter as executors, administrators or trustees ; (8.) The approval of any sale, purchase, compromise or other transaction ; (9.) The determination of any question arising in the administration of the estate or trust ; (10.) An order that no action be brought or that all actions staying and proceedings pending against trustees, executors or pg^^hig administrators be stayed for such period as to the said performance judge seems necessary or expedient in order that sufficient ° 240 Cap. 1^ CONSOLIDATED ORDINANCES CO. Interference with discretion of trustee. Service of summons. Newspaper notice. Evidence. Judgment on summons. Special directions. Administra- tion not to be ordered if questions otherwise determinable. Powers of court if ad- ministration or trust accounts not rendered. time be allowed to such trustee, executor or administrator for the performance of the trusts imposed upon him ; pro- vided however that any creditor or other person interested in such estate may apply before the expiration of such time for an order discontinuing such stay : Provided that the proceedings under this rule shall not interfere with or control any power or discretion vested in any executor, administrator or trustee except so far as such interference or control may necessarily be involved in the particular relief sought. [E. 765, 166 and 114.] N.W.T., c. 21, R. 481. 490. The persons to be served with the summons under the next preceding rule shall be such persons as would be the proper defendants to an action for the like relief as that specified by the summons and the summons shall be served upon such other persons as the judge directs and the intended hearing may also be advertised in one or more newspapers as the judge orders. N.W.T., c. 21, E. 482. 491. The application shall be supported by such evidence as the judge lequires. [E. 769.] N.W.T., c. 21, E. 483. 492. Upon the return of the summons the judge may pro- nounce such judgment and make such orders as the nature of the case requires. [E. 770.] N.W.T., c. 21, E. 484. 493. The judge may give any special directions touching the carriage or execution of the judgment or order or the service thereof upon persons not parties as he thinks proper. [E. 771.] N.W.T., c. 21, E. 485. 494. It shall not be obligatory on the Court or judge to pronounce or make judgment or order whether on summons or otherwise for the administration of any trust or of the estate of any deceased person if the questions between the parties can be properly determined without such judgment or order. [E. 772.] N.W.T., c. 21, E. 486. 495. Upon an application for administration or execution of trusts by a creditor or beneficiary under a will, intestacy or deed of trust where no accounts or insuflB.cient accounts have been rendered the Court or a judge may in addition tb the powers already existing : fa) Order that the application shall stand over for a certain time and that the executors, administrators or trustees in the meantime shall render to the applicant a proper statement of their accounts with an intimation that if this is not done they may, be made to pay the costs of the proceedings ; (b) When necessary to prevent proceedings by other creditors or by persons beneficially interested make 1902 JUDICATURE Cap. IT . 241 the usual judgment or order for administration with a proviso that no proceedings are to be taken under such judgment or order without leave oi the judge in person. [E. 1*J2a.] N.W.T., c. 21, E. 487. 496. Any of the following applications may be made by Appointment originating summons : °f "®^ trustee (1.) An application for the appointment of a new trustee order.^^ ^°^ with or without a vesting or other consequential order ; (2.) An application for a vesting order or other order con- sequential on the appointment of a new trustee whether the appointment is made by the Court or a judge or out of court. N.W.T., c. 21, R 488. 497 "Whenever in an action for the administration of the Sale ordered estate of a deceased person or execution of the trusts of a property. written instrument a sale is ordered of any property vested in any executor, administrator or trustee the conduct of Conduct of such sale shall be given to such executor, administrator or ^*'®- trustee unless the judge otherwise directs. [E. 666.] N. W.T , c. 21, R. 489. 498. The judge may in such way as he thinks fit Jud^e may obtain the assistance of accountants, merchants, engineers ^'gittanoe and other scientific persons the better to enable any matter of experts. at once to be determined and he may act upon the certificate of any such person. [E IHI.] N.W.T., c. 21, R. 490. 499. Where a judgment or order is given or made direct- claimants not ing an account of debts, claims or liabilities or an inquiry p°™g^ ™ *° fof heirs, next of kin or other unascertained persons unless excluded, otherwise ordered all persons who do not come in and prove their claims within the time which is fixed, for that purpose by advertisement shall be excluded from the benefit of the judgment or order. [E. 806.] N.W.T., c. 21 R, 491. 500. The Court or judge may direct that notice of the Advertise- time so fixed shall be given by publishing an advertisement ^^"prorf™^ thereof in some newspaper or newspapers in the Territory of claims. as the Court or judge directs and unless otherwise directed no other notice thereof or service shall be necessary. N.W.T., c. 21, R. 492. 501. Such notice if the order is made by the Court shall signature of be signed by the clerk as the officer of the court ; if made "o*'^^- by a judge it shall be signed by him. N.W.T., c. 21, R. 493. 502. Upon such notice being duly published and such Persons not other notice given or published or served as the Court or P-j^n^t^l"'' judge directs, all persons who do not come in and prove excluded.^ 16— T. o. 242 Cap. 11 CONSOLIDATED ORDINANCES CO. their claims within the time so fixed shall be excluded from the benefits of the judgment or order. [E. 806.] N. W.T., 0. 21, E. 494. Application by trustee, etc., for opinion and direction of court. Exoneration of trustee, etc. Fraud or concealment. 503. Any trustee, executor or administrator may without the institution of a suit upon a written statement verified on oath apply to a judge in chambers for the opinion advice, or direction of such judge on any question respecting the management or administration of the trust property or the assets of any testator or intestate, notice of such application to be served upon or the hearing thereof to be attended by all persons interested in such application or such of them as the said judge thinks expedient and the said trustee, executor, or administrator acting upon the opinion, advice, or direction given by the said. judge shall be deemed so far as regards his own responsibility to have discharged his own duty as such trustee, executor or administrator in the subject matter of the said application ; Provided nevertheless that nothing in this rule shall extend to indemnify any trustee, executor or administrator in respect of any act done in accordance with such opinion, advice or direction as aforesaid if such trustee, executor or administrator has been guilty of any fraud or wilful concealment or misrepresentation in'obtaining such opinion, advice or direction. N.W.T., c. 21, E. 495. IV. — Guardian ad litem. Infant or 504. At any time during proceedings' at chambers under person of any judgment or order the iudcre may if he thinks fit unsound mind •' y ° ,. 77 -jp -ri o Guardian (kJ appoint a guaruiau ad litem tor an mlant or person oi litem. unsound mind not already so found who has been served with notice of such judgment or order. N.W.T., c. 21, E. 496. Consent to discharge of ^order. V. — Varying Orders 506. The judge may set aside, vary or discharge any order .made by him on consent of all parties interested. N.W.T., c. 21, E. 491. OEDEE XLI. COURT EN BANC. Sittings of 506. The Territorial Court shall sit en banc at such times court mftanc. and places as the Commissioner of the Yukon Territory appoints. The sittings may be adjourned from time to time as is necessary. N.'W'-T., c. 21, E. 498. 1902 JUDiOATtJBE Cap. VJ 243 507. If on any of the days appointed for the sittings of A<^j°"™™6"* the Court en banc or adjournments thereof a sufficient '^ "" '^"°™'"' number of judges to constitute a quorum have not arrived the senior judge present shall make such adjournment as he thinks proper. N.W.T., c. 21, E. 499. 508. No judgment given or order made by the Court or a judgment on judge by the consent of parties or as to costs only which by consent or as laware left to the discretion of the Court or judge shall be Appeal'' ''° subject to any appeal except by leave of the Court or judge ^"thout leave. giving the judgment or making the order. KW.T., 21, E. 500. 509. No appeal shall lie from the judgment or order of Jurisdiction the court presided over by a single judge or a judge of the ™ ^vpeai. court to the Court en banc without the special leave of the judge or court whose judgment or order is in question unless the title to real estate or some interest therein or the validity of a patent is affected or unless the matter in controversy on the appeal exceeds the sum of two hundred dollars exclusive of costs ; or unless the matter in question relates to the taking of an annual or other rent, customary or other duty or fee or a like demand of a public nature or general nature affecting future rights. iN.W.T., c. 21, E. 501. 610. No security for costs shall be required, in applica- Security for tions for new trials or appeals or motions in the nature of ''°^'^- appeals unless by reason of special circumstances such sec- urity is ordered by a judge upon application to be made within fifteen days from the service of the notice of motion, application or appeal. N.W.T. c. 21, E. 502. 511. Motions for new trials, appeals and motions in the Appeal or nature of appeals shall be brought by notice of appeal and motion for any party appealing may by the same notice appeal and in "^'' the alternative ask for a new trial. In motions for new trials, appeals or motions in the nature of appeals the appel- lant may, by the notice of appeal, appeal from the whole or any part of the verdict, judgment or order and the notice of appeal shall state whether the whole or part only of such verdict, judgment or order is complained of and in the lat- Contents o ter case shall specify such part ; and such notice of appeal "°*"'®- shall state the grounds on which such application is based. N.W.T. c. 21, E. 503. 512. The notice of appeal shall be served within 30 days Time for after the verdict where the application is for a new trial ^^^^^^^ °^ and within 30 days after judgment in other cases but the Court or judge may either before or after the expiration of such period enlarge the time for giving notice, provided that in appeals from interlocutory orders the notice of 16J— Y. o. 244 Cap. IT CONSOLIDATED ORDINANCES 0. Amendment of notice. Service of notice of appeal. Parties to appeal. General powers of court on appeal. New trial not to be granted unless substantial wrong or miscarriage. appeal shall be served within 15 days from the date of the order but the Court or judge may in like manner enlarge the time for giving such notice. N.W.T. c. 21, E. 504. 513. The notice may be amended at any time by leave of the Court or judge on such terms as the Court or judge thinks just. [E. 655.] N.W.T. c. 21, E. 505. 614. In appeals or motions in the nature of appeals the notice of appeal shall be served on all parties directly affec- ted by the appeal and it shall not be necessary to serve parties not so affected ; but the Court may direct notice of the appeal to be served on all or any parties to the action or other proceeding or upon any person not a party and in the meantime may post[)one or adjourn the hearing of the appeal upon such terms as are just and may give such judgment and make such order as might have been given or made if the persons served with such notice had been original parties. [E. 866.] N.W.T. c. 21, E. 506. 515. On appeal the Court shall have in addition to all the poM'^ers and duties as to amendment, full discretionary powers to receive further evidence on questions of fact as to matters which have occurred after the date of the deci- sion from which the appeal is brought by affidavit or by deposition taken before an examiner or commissioner ; such further evidence shall be admitted on special grounds only and with the special leave of the Court. The Court shall have power to draw inferences of fact and to give any judg- ment and make any order which ought to have been made and to make such further or other order as the case requires. The powers aforesaid may be exercised by the Court notwith- standing that the notice of appeal is that part only of the deci- sion be reversed or varied and such powers may also be exercised in favour of all or any of the respondents or parties although such respondents or parties may not have appealed from or complained of the decision: The Court shall have power to make such order as to the whole or any part of the costs' of the appeal as are just. [E. 868.] N,'W'.T., c. 21,E. oOY. 516. A new trial shall not be granted on the ground of misdirection or of the improper admission or rejection of evidence or because the verdict of the jury was not taken upon a question which the judge at the trial was not asked to leave to them unless in the opinion of the Court to which the application is made some substantial wrong or miscar- riage has been thereby occiasioned in the trial ; and if it appears to such court that such wrong or miscarriage affects ' patt only of the matter in controversy or some or one only '■bi'the parties the Cotirt may give final judgment as to part thereof of 's6me or one only of the parties and direct a new 1902 JUDICATURE Cap. 11 245 trial as to the other part only or as to the other party or parties. [B. 556.] N.W.T. c. 21, E. 508. 517. A new trial may be ordered on any question what- New trial on €Ter are the grounds for the new trial without interfering ^"J^j™^ with the decision or finding upon any other question. [E. '^"'^^ '""' 557.] N.W.T. c. 21, R. 509. 518. When notice of motion for a new trial or notice of Application appeal has been served the further proceedings on the ver- proceedings diet, finding, order or judgment may be stayed in whole or pending in part until the decision of such motion or appeal by the ^pp^*'- Court or by the judge who presided at the trial on such terms as the Court or judge thinks fit. The applicant however shall be entitled to an order so staying the proceed- ings on filing sufficient bail or security or making deposit of money to the approval of the Court or judge in such reasonable amount as the Court or judge directs to respond the judgment to be finally given in the cause or matter. An application to the judge for such stay of pro- ceedings shall not prejudice the applicant's right to apply to the Court for such stay. N.W.T. c. 21, R. 510. 519. When any question of fact is involved in an appeal Evidence on or application for a new trial the evidence taken in the question^oT court below or by the judge appealed from, bearing on such fact. question shall subject to any special order be brought before the court as follows : 1. As to any evidence taken by affidavit, by the produc- tion of copies of such affidavits; 2 As to any evidence given orally, by the production of copies of the judge's notes or of the evidence extended from the notes taken by the official stenographer or of such other material as the Court deems expedient. [B. BTS.] N.W.T., c. 21, R. 511. 520. No interlocutory order or rule shall operate so as to interlocutory bar or prejudice the Court from giving such decision on the prl^udT* *° appeal as is just. [E. 878.] N.W.T., c. 21, R. 512. appeal. dice 521. No notice of appeal shall operate as a stay of execu- Appeal not to tion or of proceedings under the decision appealed from or proceedings, objected to except so far as the judge appealed from_ or the Court orders and no intermediate act or proceeding shall be invalidated except so far as the Court directs. Security. Such deposit or other security shall be made or given as is directed by the Court or judge otherwise the motion of appeal or for now trial shall not be heard but be dis- missed. [E. 880.] N.W.T., c. 21, R. 513. 522. Where any application ought to be made to or any Ai)piioations . ,. . t,^ liiiT-j 1. ito ludge where jurisdiction exercised or any act done by the judge by whom judge who 246 Cap. 11 CONSOLIDATED ORDINANCES c. o. tried the action cannot hear them. a cause or matter has been tried or heard if such judge dies or ceases to be a judge of the court or if for any other reason it is impossible or inconvenient that such judge should act in the matter the presiding judge may either by a special order in any cause or matter or by a general order applic- able to any class of orders or matters nominate some other judge to whom such applications may be made or by whom such jurisdiction may be exercised. [E. 885.] N.W.T., c. 21, E. 514. Appeals to be 523. A judgment, order, decision, rule or verdict appealed motro^nsmade from or sought to be set aside shall stand as if no notice of at first opportunity. Single judge may deliver judgment of court or of other judge. appeal or notice of motion to set the same aside had been made or given if the cause or matter in which the same was made or given is not entered for argument on the first entry day after such notice or if the motion of which such notice has been given is not made when the cause or matter is called unless such default in the moving party is waived by the other parties interested or unless the Court otherwise orders. N.W.T., c. 21, R. 515. 524. Any judge may deliver the judgment of the Court when authorized to do so by the judges en banc who heard the matter on which judgment is to be pronounced or may deli-\^er the judgment of any other judge when authorized to do so by such other judge notwithstanding the absence of the judge or judges aforesaid. N.W.T., c. 21, R. 516. ORDER XLII. COSTS. Costs generally in discretion of court. Proviso as to trustees. Costs where cause tried by jury. I. — Generally. ' 525. Subject to the provisions of this Ordinance and the rules of court the costs of and incident to all proceedings in the Territorial Court including the administration of estates and trusts and compensation or allowance to any executor, administrator, guardian, committee, receiver or trustee shall be in the discretion of the Court or judge : Provided that nothing herein contained shall deprive an executor, administrator, trustee or mortgagee who has not unreasonably instituted or carried on or resisted any pro- ceedings of any right to costs out of a particular estate or fund to which he would otherwise be entitled. Provided also that where any action, cause, matter or issue is tried with a jury the costs shall follow the event unless the judge by whom such action, cause, matter or issue is tried or the court for good cause otherwise orders. [E. 966.] N.W.T., c. 21, R. 51T. 1902 JUDICATURE Cap. lY 247 626. "When issues in fact and law are raised upon a claim Costt of or counterclaim the costs of the several issues respectively '^^"®^' both in law and fact shall unless otherwise ordered follow the event. N.W.T., c. 21, E. 518. 521. "Where the Court or judge appoints the Public Costs of Administrator or a solicitor to be guardian ad litem of an g°ardfan infant or person of unsound mind the Court or judge may adutem. direct that the costs to be incurred in the performance of the duties of such oflB.ce shall be borne and paid by the parties or some one or more of the parties to the cause or matter in which such appointment is made or out of any fund in court in which such infant or person of unsound mind is interested and may give directions for the repay- ment or allowance of costs as the justice and circumstances of the case requires. [E. 988.] N.W'T., c. 21, E. 519. II. — Security for Costs. 628. "When the plaintiflF in an action resides out of the Summons for Territory and in any other case where by the practice and costs"*'^ ^°'^ procedure in England a defendant is entitled to security for costs and the defendant by afladavit of himself or his agent alleges that he has a good defence on the merits to the action the defendant shall be entitled to a summons to show cause why an order should not issue requiring the plaintiflF within three months (or such otheir or further time as the Court or judge deems right) from the service of the order to give security for the defendant's costs and staying all further proceedings in the meantime and direct- ing that in default of such security being given the action be dismissed with costs unless the Court or judge on special application for that purpose otherwise orders. N.W.T., c. 21, E. 520. 529. In any cause or matter in which security for costs Time and is required the security shall be of such amount and be ^vfng*^ "^ given at such times and in such manner and form as the security. Court or judge directs. [E. 981.] N.W.T., c. 21, E. 521. ' 530. "Where a bond is given as security for costs it shall Obligee where unless the Court or judge otherwise directs be given °" ^'^''"' to the party or person requiring the securitv and not to an oflacer of the court. [E. 982] N.W.T., c. 21, E. 522. III. — Taxation and Tariffs of Costs. 631. In all cases and proceedings as also upon interlocu- Taxation of tory applications where a party becomes entitled to costs °^^ ™i^ss from any other party the same shall be taxed by the clerk ordered!™ 248 Cap. 11 CONSOLIDATED ORDINANCES CO. Sheriff's and clerks' fees. Oases where solicitor may be deprived of or ordered to pay costs. in accordance with the authorized tariffs unless the Court or judge by order directs the payment of a sum in gross in lieu of taxed costs and by and to whom such sum in gross shall be paid. N.W.T., c. 21, E. 523. 532. There shall be paid to eaclr sheriff and clerk the fees prescribed by the judges of the Territorial court ; and for any necessary services performed for which fees are not so prescribed such fees as are authorized by the judge. N.W.T., c. 21, E. 624. 533. If in any case it appears to the court or a judge, that costs have been improperly or without any reasonable cause incurred or that by reason of any undue delay in pro- ceeding under any judgment or order or of any misconduct or default of the solicitor any costs properly incurred have nevertheless proved fruitless to the person incurring the same the court or judge may call on the solicitor of the person by whom such costs have been so incurred to show cause why such costs should not be disallowed as between the solictor and his client and also (if the cir- cumstances of the case require) why the solicitor should not pay to his client any costs which the client has been ordered to pay to any other person and thereupon may .make such order as the justice of the case requires. N.W.T., c. 21, E. 525. Notice of taxation. 534. One day's notice of taxing costs together with a copy of the bill of costs and affidavit of increase if any shall be given by the solictor of the party whose costs are to be taxed to the other party or his solicitor in all case where a notice to tax is necessary. N.W.T., c. 21, E. 526. Unnecessary if defendant not appeared. Application for review of taxation. 535. Notice of taxing costs shall not be necessary in any case where the defendant has not appeared in person or by his solicitor or guardian. N.W.T., c. 21, E. 527. 536. Any party who is dissatisfied with the allow- ance or disallowance by the clerk in any bill of costs taxed by him of the whole or any part pf the item or items may on two days' notice to the opposite party specifying the item or items objected to apply to a judge in chambers to review the taxation. N.W.T., c. 21, E. 528. Evidence on review. Tariffs to be posted. 537. Such application shall be heard and determined by the judge upon, the evidence which was brought in before the clerk and no further evidence shall be received unless the judge otherwise directs. N W.T., c. 21, E. 529. 638. A copy of the tariff of clerk's and sheriff's fees shall be posted in some conspicuous place in the clerk's and sheriff's offices respectively. N.W.T., c. 21, E. 530. 1902 JUDICATURE Cap. 11 249 •539. "Witnesses, jurors and interpreters and parties shall Witnesses', be entitled to the fees and remuneration named in the Tan^ ^Xrpreters' of witnesses' , furors' and interpreters' fees appended to this fees. Ordinance. N.W.T., c. 21, E. 531. 540. All fees and allowances respectiyely payable under Fees payable the said tariffs whether under writs of execution or other- ^° *<^^*"««- wise shall be paid in advance by the parties at whose instance the service is to be rendered but in cases where the amounts are impossible of ascertainment for any reason Deposit where then the amount approximated by the officer or fixed by the ^^jg^°^''**'"' judge shall be deposited or paid to be accounted for when the correct amount is ascertained. N.W.T., c. 21, R. 532. 541. In all causes and matters in which duly enrolled Solicitors fees. solicitors holding certificates as such and resident in the Territory are employed they shall be entitled to charge and be allowed such fees as are from time to time pres- cribed by the judges of the Territorial Court. N.W.T., c. 21, E. 533. 542. The court en banc may by order regulate fees for ser- Fees in court vices performed by the clerk and other officers of the court as also fees to counsel and solicitors practising there- in. N.W.T., c. 21, R. 584. OEDEE XLIII. MISCELLANEOUS. I. — Forms. 543. The forms contained in the schedule to this Ordin- Forms. ance shall be used with such variations as circumstances require ; and as to all other matters the forms used in the administration of civil justice in England with such Varia- tions as will make them respectively applicable to proceed- ings in the Territorial Court of the Territory whether en banc or otherwise may be used. N.W.T., c. 21, E. 535. II. — Actions against Public Officers. 54:4:. All actions and prosecutions to be commenced Venue. against any person for anything purporting to be done in pursuance of his duty as a public officer shall be com- menced within six months after the act was committed and Limitation. not otherwise and notice in writing of such action and of Notice of the cause thereof must be given to the defendant one month *°*'°"' at least before the commencement of the action. KW.T., c. 21, E. 536. 250 Gap. 11 CONSOIilDATED ORDINANCES C. 0. III. — Ex parte Proceedings ; Noncompliance ; and Irregu- larities. Ex parte 545. In case of ex parle proceedings the judge may refuse proceedings. j.q proceed ex vane and may direct such notice to be given Notice may be,-'^ -' ,, .■', , , j.'i required. by summons OT otherwise to such party or parties as he deems fit. N.'W.T., c. 21, E. 53*7. Non- compliance, effect of. Wairer of irregularity. 546. Non-compliance with any of the provisions of this Ordinance shall not render any proceedings void unless the Court or a judge directs but such proceedings may be set aside either wholly or in part as irregular or amended or otherwise dealt with in such manner and upon such terms as the Court or judge thinks fit. [E. 1037.] N. W.T., c. 21, E. 538. 54*7. No application to set aside any proceeding for irre- gularity shall be allowed unless made within reasonable time nor if the party applying has taken any fresh step after knowledge of the irregularity. [E. 1088.] N.W.T., c. 21, E. 539. Grounds of irregularity to be stated. Costs of summons. 548. When an application is made to set aside proceed- ings for irregularity the several objections intended to be insisted upon shall be stated in the summons or notice. [E. 1039.] N.W.T., c. 21, E. 540. 549. "When a summons is taken out or notice given to set aside any process or proceeding for irregularity with costs and the summons or notice is dismissed generally without any special direction as to costs it is to be understood as dis- missed with costs. [E. 1040.] N.W.T., c. 21, E. 541. Expiry of process. Alias or pluries. IV. — Alias Writs. 550. The expiry of any writs or process without service or execution shall not abate the suit but the suit may be continued by the issue of alias or pluries writs or process as is necessary. N.W.T., c. 21, E. 542. Hours for service of pleadings, etc. V. — Time for Service. 551. Service of pleadings, notices, summonses, orders, rules and other proceedings except writs of summons, attachment and replevin shall be effected before six o'clock in the afternoon ; service effected after six o'clock in the afternoon shall for the purpose of computing any period of time subsequent to such service be deemed to have been effected on the following day and if effected on Saturday, the following Monday. [E. 971.] N.W.T., c. 21, E. 544. 1902 JUDICATUEE Cap. 17 261 552. In any case in which any number of days not Keckoning expressed to be clear days is prescribed in this Ordinance ZT^^'' "^ the same shall be reckoned exclusively of the first and inclusively of the last day. [E. 972.J N.W.T., c. 21, E. 545. 553. "Where any limited time less than six days from or Where time after any date or event is appointed or allowed for doing s^™ da'^s"'"'^'^ any act or taking any proceeding the days on which the holidays offices are closed under the provisions of this Ordinance and «''°i"<^e<'- the rules of court shall not be reckoned in the computation of such limited time. [E. 962.] N.W.T., c. 21, R. 546.;, i,„^^ 554. Where the time for doing any act or taking any Time expiring proceeding expires on a Sunday or other day on which the °° holiday. offices are closed and by reason thereof such act or proceed- ing cannot be done or taken on that day such act or pro- ceeding shall so far as regards the time of doing or taking the same be held to be duly done or taken if done or taken on the day on which the offices are next open. [E. 963.1 N.W.T., c. 21, R. 547. 555. The Court or a judge shall have power to enlarge or Enlargement abridge the time appointed by this Ordinance or the rules ment"?tfm of court or fixed by any order enlarging time for doing any act or taking any proceedings upon such terms if any as the justice of the case requires and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed. N.W.T., c. 21, E. 548. Yl. — Sittings of the Court and Vacation. 556. Subject to the provisions of section 12 of the Yukon Judges may Territory A.ct and until the times and places of sittings are fourt'*'"^^^ °^ appointed under that section, the Territorial Court, pre- sided over by a single Judge for the transaction of the business of the Court, may sit and act at any time and place in the Yukon Territory that the judges of the Court appoint, or, in the absence of such appointment, that the Judge who is to hold any sitting appoints therefor. (2) Several sittings of the Court, each so presided over, Sittings may 1.11J ii_ be concurrent. may be held concurrently. (3) Between the first and twenty-fifth days, inclusive, of Comttosit every month, if there is any business to dispose of there |g°^of 'each shall be at least one sitting of the Court at Dawson in said month. Territory on every day of the month, except on holidays and Saturdays. (4) Every sitting of the Court shall commence at the Sittings to hour of 10 o'clock in the forenoon, unless otherwise ordered loa!^!""^^* by the judge who is to hold the sitting, or by the judges. (5) At the conclusion of the sitting of the Court on any At conclusion day, unless the presiding judge otherwise orders, and, if 252 Cap. 1'7 consolidated ordinances C. 0. of sittings or no judge attends at any time or place appointed for a attend" court Sitting of the Court, then, at three of the clock in the after- *° n''io'™ noon of the day appointed, the Court shall be deemed to next day* be adjoumed until the hour of ten of the clock in the fore- noon of the next day fixed by this Ordinance or appointed for a sitting of the court. No. 21 of 1901, s. 1. Vacation. 55IJ There shall be a vacation to extend from the first day of December in every year to the first day of February in the year following, inclusive of both of said days. No contested (2) During Vacation no contested business, except as in transacted in this section provided, shall be transacted, and no party to vacation. ^ causc in which the defendant has appeared, shall be com- pelled to deliver any pleading. If the time for delivering any pleading in any such cause has not expired before the first day of vacation, it shall, without any order to that effect, stand extended until the expiration of five days after the last day of vacation What may be (3) Provided that during vacation : vaSrtion""*^ («) Notice of motion to set a cause down, for trial may be given and heard. {b) Any process may be issued. (c) Any ex parte business and any contested business, if the parties to such contested business by their solicitors or counsel consent, may be transacted. (d) Judgment by default may be entered in any cause in which no appearance has been entered. (e) Costs may be taxed, and (/) Any cause or matter may be heard and any proceed- ings may be had or taken if the Court or a judge authorizes such proceedings to be had or taken notwithstanding vacation. No. 21 of 1901, s. 1. Sittmg^of^^^ 55V. There shall be three sittings of the court en banc pn,,r ^ .„. during each year, in the months of April, June and Sep- tember, and each sitting shall continue until appeals and other matters pending in such court are disposed of : Provided, however, that there shall be no sitting of such court en banc between the 25th day of September in any year and the 15th day of the next ensuing month of March. No. 22 of 1901, s. 1. court en banc. 1902 JUDICATURE Cap. 11 253 Part II. Lunatics, Infants and Probate. OEDER XLIV. LUNATICS. 659. Proceedings in Innacy shall be by petition to the Petition to judge filed with the clerk of the court for that purpose veri- ^y^^l^^^i n fied on oath setting forth the ground on which the applica- ^" "^ '°°" tion is made and the relations or connection of the petitioner to or with the alleged lunatic and his property and estate as also a description and value of the same separating real and personal estate. N.W.T., c. 21, E. 551. 560. Upon presentation of such petition the judge shall Hearing of appoint a time and place at which he will hear the same ; P«*"i°"- at which time and place (all necessary parties having been duly notified) the judge shall inquire into the facts and hear such evidence under oath as is adduced and there- upon determine whether or not the person who is the subject of the inquiry is at the time of such inquiry of unsound mind, has property and is incapable of managing such property. N.W.T., c. 21, E. 552. 561. A copy of such petition and notice of the intended Service on application shall be served on the alleged lunatic unless lunatic. such service is dispensed with by the judge. JST.W.T , c. 21, R. 553. 562. The judge may order the issue of a commission to Commissionto take evidence to be used on any such hearing as in any ^^^^ evidence. ordinary suit in court and all depositions taken thereunder shall be received in evidence at the hearing saving all just exceptions. N.W.T., c. 21, R. 654. 663. If the judge determines such person to be a lunatic Appointment and that he has property the judge shall forthwith order the °^ guardian. appointment under the seal of the court of one or more persons as guardian or guardians to his estate. N."W T., c. 21, E. 555. 564. On every such inquiry the alleged lunatic if he is Examination within the jurisdiction of the court shall be produced and of lunatic. examined by the judge unless such examination is dispensed with. N.W.T., c. 21, E. 566. 254 Costs. Cap, 11 CONSOLIDATED ORDINANCES CO. Security by guardian. 565. The judge may order the costs, charges and expenses of and incidental to proceedings in matters of lunacy to be paid either by the party presenting the petition or the party opposing the same (if opposition is made) or out of the estate or partly one way and partly the other. N.W.T., c. 21, R. 55'7. 566. In every case unless otherwise specially provided by order of the judge the following provisions shall be complied with : (1.) The guardian of the estate shall before receiving his appointment furnish his own bond together with those of two or more persons approved of by the judge as sureties in double the approximate value of the personal estate and of the annual value of the real estate for duly accounting for the same once in each year or oftener if required by the judge or Court such bond to be (in form approved of by the judge; to the clerk of the court and his successors in office or legal assigns, which bond shall be filed in court ; (2.) The guardian of the estate shall within six months after appointment file in court a true inventory of the whole real and personal property and estate of the lunatic stating the income and profits thereof and setting forth the debts, credits and effects of the lunatic so far as the same have come to the knowledge of the guardian ; (3.) If any property belonging to the estate is discovered tary inventory after the filing of the inventory the guardian shall file a true account of the same from i ime to time as the same is discovered ; Verification. (4.) Every inventory shall be verified by the oath of the guardian. N.W.T., c. 21, E. 558. Inventory. Supi)lemen- Where personal estate insufficient for debts. Petition for realisation on realty. Inquiry by judge. Order for sale or mortifage. 567. "Whenever the personal estate of a lunatic is not suffi- cient for the discharge of his debts, — (1.) The guardian of his estate may apply by petition to the judge for authority to mortgage or sell so much of the real estate as is necessary for the payment of such debts ; (2.) Such petition shall set forth the particulars and amount of such estate (real and personal) of the lunatic, the application made of any personal estate, and an account of the debts and demands against the estate ; (3.) The judge shall make or cause to be made inquiries into the truth of the representations made in the petition and hear all parties interested in the real estate ; (4.) If the judge is satisfied as to the result of such inquiries, that the personal estate is not sufficient for the payment of the- debts and that the same has been applied to that purpose as far as the circumstances of the case render proper the judge may order the real estate or a suffi- cient portion of it to be mortgaged or sold by the guardian and the moneys thus raised shall be employed for the pay- 1902 JUDICATURE Cap, 11 256 ment of the debts of the estate and if insufficient shall be distributed in the same way as intestates' estates are distri- buted by law the guardian having • first provided a bond Bond by with sureties similar in terms to that provided by clause guardian. (1) of the next preceeding rule for duly accounting for the proceeds so raised. N.W.T., c. 21, R. 559. 668. When the personal estate and the rents, profits and Sale or income of the real estate of the lunatic are insufficient for i^ai eSelor his maintenance or that of his family or for the proper maintenance education of his children or when for any other cause it fam™^*^" ""^ appears desirable so to do on application made by the guardian or by any member of the family of the insane person the judge may after inquiry as hereinbefore provided in the case of debts order the mortgaging or sale of the whole or part of the real estate of the lunatic by the guar- dian the guardian having first provided a bond with sureties as required by the next preceding rule. N.W.T , c. 21, R. 560. 669. The judge may order such fees to the clerk of the Clerk's fees. court and costs of and relating to any petition, order, direc- ^°^*^' tion and conveyance including remuneration to the guardian Guardian's as he considers reasonable to be paid and raised from the remuneration. lands, rents or personal estate of the lunatic in respect of whom the same may be respectively incurred, made or caused N.W.T., c. 21, R. 661. S'lO. On sufficient grounds shown the judge may remove Removal of a guardiain and appoint another in his stead. N W.T., c. g"a,rdian. 21, R. 662. 6*71. In the proceedings aforesaid the petitions and papers intituling may be intituled as follows. proceedings. In the Territorial Court, In the matter of N.W.T., c. 21, R. 663. ORDER XLV. INFANTS. I. — Guardians. 5Y2. The Court or a judge thereof may appoint guardians Guardianship of infants and of their estates (but unless the Court or judge "hifr^e^tate*""^ otherwise orders no guardian shall be appointed to the person or estate of any infant of the age of fourteen years or 256 Cap. It CONSOLIDATED ORDINANCES C. 0. Letters of over without the consent of such infant) and letters of appointment, appointment may be obtained as in the case of letters of administration. A record of every appointment and removal shall be made and the like record thereof kept with the papers upon which the appointment and removal are made in like manner as near as may be as in the case of probate and administration. N.W.T., c. 21, R. 564. Mother may 573. The Oourt or judge may upon hearing the petition of not^wHhTtand- ^^^ mother of an infant whose father is dead appoint the ing other mother or some other person to take the guardianship of the by^f"5iCT.™' person of the infant notwithstanding any testamentary provisions to the contrary or any appointment of another person as guardian by the father if it appears just and proper ; and may also make an order for the maintenance Maintenance of the infant by the payment out of any estate to which the of infant. infant is or shall be entitled of such sum or sums of money from time to time as according to the value of the estate such Oourt or judge thinks just and reasonable. N.W.T., c. 21, E. 565. Testamentary 574. The Court or judge may give effect to the testamen- rfmothermay ^^^Y appointment of guardians by the mother of infant chil- be preferred to dren either as respects the person or estate or one or both that of father, notwithstanding the previous appointment of gaurdians by testament of the father of such infants upon petitions pre- sented and facts proved, if it seems advisable and in the interest of the infants to do so ; and make an order for the Maintenance, maintenance of the infants as in the next preceding rule mentioned. N.W.T., c. 21, R. 566. Testamentary 575. Testamentary guardians and trustees may be re- tmstees"^ ^""^ movcd foT proper cause in the same manner as other guar- Removai. diaus and trustees. N.W.T., c. 21, K. 567. General 576. In all matters and applications touching or relating TOi^torlldge. *° *^® appointment of guardians, control or removal of guardians of any infants and the security to be given by such guardians or otherwise, the Court or judge shall have full power and authority to summon and order the attend- ance of witnesses and to order the examination of the same before the Court or judge and to order the production of deeds, writings and documents and generally to enforce all orders, decrees and judgments in such manner as seems expedient according to the practice and prQpedure of the court in that behalf and in such manner as the Oourt or judge directs. N.W.T., c. 21, R. 568. Appointment 577. Upou the Written application of any infant or the nteo*"°° friend or friends of any infant and upon notice thereof to mother. the mother of such infant if living in the Territory the 1902 JUDICATURE Cap. 1*7 25*7 Court or judge may upon a proper case made out for that purpose appoint some suitable and discreet person or per- sons to be guardian or guardians of such infant. N.W.T., c. 21,R. 569. 578. There shall be taken from the guardian or guardians Security by appointed by the Court a bond in the name of the infant or g"*''<^i*"- infants in such penal sum and with or without sureties as the Court or judge directs or approves having regard to the circumstances of each case ; and such bond shall be conditioned that the said guardian or guardians shall and will faithfully perform the said trust and that he or they, his or their executors or administrators shall and will when the said ward becomes of the full age of twenty-one years or whenever thereunto required by the Court or a judge ren- der to his or their said ward or his or their executors or ad- ministrators a true and just account of all goods, moneys, interests, rents and profits of property of such ward which have come or which might but for his or their default have come into the hands of such guardian or guardians and that he or they shall and will thereupon without any de- lay deliver and pay over to the said Avard or to his or her executors or administrators the property or the sum or balance of money which may be in the hands of the said guardian or guardians belonging to such ward deducting therefrom and retaining a reasonable sum for the expenses and charges of the said guardian or guardians ; and such bond shall be filed and recorded in the books in the ofl&ce of the clerk of the court but in cases where the estate is of May be small value such bond or bonds may be dispensed with, dispensed N.W.T., c. 21, E. 570. ''''^• 579. The guardian or guardians of the person of an infant Apprenticing so appointed may during the continuance of his or her guar- '"**"*^- dianship in case the infant is under the age of fourteen years with the approbation of two justices of the peace and the consent of such ward or in case the infant is not under the age of fourteen years then with the consent of the ward only place or bind him or her an apprentice to any lawful trade, profession or employment ; such apprentice- ship in the case of males not extending beyond the age of twenty-one years and in the case of females not beyond the age of eighteen years or the marriage of the ward within that age. N.W.T., c. 21, E. 571. 580. The Court or judge may on proper cause being Discharging shown for that purpose discharge any such ward from the apprentice- apprenticeship in the next preceding rule mentioned and ^ ^^" order the articles or instrument of apprenticeship to be de- livered up to be cancelled or make such other order in res- pect of the master or apprentice or either of them as under the circumstances appears to be proper and just ; and may l7 — Y. o. 258 Cap. 11 CONSOLIDATED OKDINANCES C. 0. Removal of guardian. also upon reasonable complaint made and sustained re- move any guardian or guardians from his or their guar- dianship and if it appears necessary appoint another guar- dian or guardians in his or their stead. N.W.T, c. 21, R. 672. Practice and procedure. 681. The practice and procedure in respect of guardian- ship and all question relating thereto shall conform as near- ly as the circumstances will admit to the practice and pro- cedure in England, Provided always that the Court or judge may in any case where the circumstances warrant it to save expenses vary the same. N.W.T., c. 21, R. 51S. Order for access of mother. Delivery to mother. Maintenance and education. Custody of infants generally. Evidence on application. II. — Custody of Infants. 582. The Court or judge upon application by the mother of any infant being in the sole custody or control of the father thereof or any other person by his authority or of any other person without his authority or of any guar- dian after the death of the father may make an order for the access of the mother to such infant at such times and subject to such regulations as the Court or judge thinks convenient and just ; and if such infant is within the age of twelve years may make an order for the delivery of such infant into the custody and control of the mother and there to remain for such time and under such conditions as the Court or judge prescribes ; and in dealing with any such application the Court or judge may also make an order for the maintenance and education of such infant by payment by the father thereof or by pay- ment out of any estate to which such infant is entitled of such sum or sums of money from time to time as accord- ing to the pecuniary circumstances of such father or the value of such estate the Court or judge thinks just and reasonable. As a rule the father shall have the custody and control of his infant children but it shall be lawful for the Court or a judge on a proper case made for that purpose to order any infant child or children to be delivered into the sole custody and control of the mother on such conditions and subject to such regulations as the circumstances and facts of the case render proper, reasonable and just, wherever such child or children may be or under whatever authority or control they may have been placed, any law, usage or custom to the contrary notwithtanding. N.W.T., c. 21, E. 5'74. 583. On the investigation of the facts on any application mentioned in the next preceding rule the Court or judge may enforce the attendance of any person before the Court or judge and take evidence under oath touching the matter of 1902 , JUDICATURE Cap. 1*7 259 the application by rule or order made for that purpose and on failure of the person to attend for the purpose aforesaid, after notice of the rule or order in that behalf, the Court or judge may order that such person shall be committed for contempt of court or may decide such application on affidavits received and filed or to be received and filed or on the evidence taken viva voce and such affidavits. N.W.T., c. 21, E. 515. 584. All orders and rules made by a' judge or by the Court Enforcement under any of the preceding rules may in addition to all °^ °i''5ers. other remedies be enforced by the judge or by the Court (according as the same shall be made by a judge or the Court) by attachment or process for contempt. N.W.T., c. 21, E. 576. 585. No order directing that the mother shall have the Mother custody of or access to an infant shall be made in virtue of cm "oHnlant. the preceding rules in favour of a mother against vs^hom adultery has been established or to whom the custody or control of an infant could not be safely confided on account of improper conduct or habits of life. N.W.T., c. 21, E. 511. . III. — Estate and Property of Infants. 586. When an infant is seized or possessed of or entitled Disposition .of to any real estate in fee simple or for a term of years or fn°auT^nder otherwise in the Territory and the Court or judge order of court. is of opinion that a sale, lease or other disposition of the same or any part thereof is expedient, necessary or proper in the interest of the infant or for the maintenance or educa- tion of the infant or that by reason of any part of the property being exposed to waste and dilapidation or to depreciation from any other cause satisfactory to the Court or judge, his interest requires or will be substantially pro- moted by such sale, lease or other disposition the Court or judge may order the sale, letting for a term of years or other disposition of such real estate or any part thereof to be made under the direction of the Court or judge or by the guardian of the infant or by any person appointed for the purpose in such manner and with such restrictions , as seem ex- pedient and may order the infant to convey or demise or otherwise dispose of the estate as the Court or judge thinks proper. N.W.T., c. 21, E. 578. 587. The application shall be made in the name of the Application, infant by his next friend or by his guardian but shall not conTent^of be made without the consent of the infant if he is of the infant. age of seven years or upwards. N.W.T., c, 21, E. 579. 588. When the Court or judge deems it convenient that ExeoHtionof a conveyance should be executed by some person in the foHnfanTa^ 11i—Y. o. 260 Cap. IT CONSOLIDATED ORDINANCES C. place of the infant the Court or judge may direct some other person in the place of the infant to convey the estate. N.W.T., c. 21, E. 680. Conveyance to 589. Every such conveyance whether executed by the be effectual, ijjfa^t qj. gome person appointed to execute the same in his place shall be as effectual as if the infant had executed the same and had been of the age of twenty-one years at the time. KW.T., c. 21, E. 581. Disposition of 590. The moueys arising from any such sale, lease or other moneys raised, (jigpogition shall be laid out, applied and disposed of in such manner as the Court or judge directs. N.W.T., c. 21, R. 582. Moneys raised 591. On any Sale, lease or other disposition so made the toTevXl moneys so raised or the securities taken or the surplus as land. thereof shall be of the same nature and character as the estate sold or disposed of and the heirs, next of kin or other representatives of the infant shall have the like interest in any surplus which may remain of the proceeds at the decease of the infant as I hey would in the estate sold or disposed of if no sale or other disposition had been made thereof. N.W.T., c. 21, E. 583. Incumbered 592. If auv real estate of an infant is subject to any Acceptance or incumbrance and the person entitled to such incumbrance permanent couseuts in Writing to accept in lieu of such incumbrance sumin™feuof ^.n)' gross sum of mouey which the Court or judge thinks incumbrance, reasonable or the permanent investment of a reasonable sum of money in such manner that the interest thereof is made payable to the person entitled to such incumbrance during her or his life the Court or judge may direct the payment of such sum or the investment of such other sum of money out of the proceeds or other disposition of the real estate of the infant : Where Provided always that it shall be competent for the Court incumbrance or judge in ally casc where the estate of the infant is subject duration.^'" to any lien or incumbrance of uncertain duration to compute the reasonable value of the same and to order the sale or other disposition of the estate of the infant freed or dischar- ged from such incumbrance and direct the payment of the value of such incumbrance out of the proceeds of the sale or other disposition of the real estate of the infant. N.W. T., c. 21, E. 584. Appearance 593. In any proceeding for the selling, letting or other person'on" disposition of the estate of an infant it shall not b: neces- appiication. gary that the infant shall appear in propria persona before the Court or judge unless so ordered ; but the ground of the proceedings must be made out to the satisfaction of the Court or judge before the application is granted. N.W.T., c. 21, R. 585. 1902 JUDICATURE Cap. IT 261 594. In case of any sale or other disposition of any real Estate of estate of an infant under the provisions of these rules the ionvey^d by ^ interest and estate sold or otherwise disposed of may be vesting order. conyeyed to the purchaser by the vesting order of the Court which shall be to all intents and purposes as eflfectual to pass the interest and estate so sold or disposed of as a conveyance duly executed as provided in these rules. N.W.T., c. 21, R. 586. OEDBE XLYI. PROBATE AND LETTERS OF ADMINISTRATION. 595. Every person to whom letters of administration or Security by guardianship are committed shall give a bond or bonds to or guardiTn!" the judge granting the same with one or more sureties as may be required by the said judge in such form and in such penalty as he directs or in cases where the estate to be administered is of small value such bond or bonds may be dispensed with. Such security may be furnished by bond or agreement of any guarantee company approved by the judge. N.W.T., c. 21, R. 588, s. 1. 596. Any person interested in the estate may by leave Proceeding of the Court or judge institute proceedings in his own name °'^ '^°'"^' on the bond or bonds without an assignment thereof to him. N.W.T., c. 21, R. 589. 591. Where any probate or letters of administration or Ancillary other legal document purporting to be of the same nature }^\°er3 of"^ or an 'exemplification thereof granted by a court of compe- administra- tent jurisdiction in the United Kingdom or in any Province or Territory of the Dominion or in any other British Pro- vince is produced to and a copy thereof deposited with the clerk of the Territorial Court of the Yukon Territory and the prescribed fees are paid as on a grant of probate or administration the probate or letters of administration or other document aforesaid shall under the direction of a judge of the said Territorial Court be sealed by the said clerk with the seal of the Territorial Court and shall thereupon be of the like force and efiect in the Territory as if the same had been originally granted by the said Territorial Court and shall be subject to any order of the court or any appeal therefrom as if the probate or letters of administration had been^ranted thereby. (2) The letters of administration shall not be sealed with Security on the seal of the Territorial Court until a certificate has been ^jicmary filed under the hand of the clerk or other officer of the court piobate, etc. wherever the same issued that security has been given in a sum sufficient to cover as well the assets within the 262 Cap. 17 consolidated ordinances C. 0. jurisdiction of the said court as the assets within the Territory or in the absence of such certificate until security is given to the judge as in the case of granting original letters of administration. N.W.T., c. 21, E. 590. Proceedings 598. Before probate'of a will or letters of administration to*°e?trMn ^^ *^® personal estate and ejffects of a deceased person are waste. granted any person may institute proceedings to restrain any one committing waste by dealing or intermeddling with the estate. When such proceedings have been taken in good faith for the preservation of the property the party instituting such proceedings shall be entitled to costs of the action unless the Court or judge otherwise orders. N.W.T., c. 21, R. 591. Administrator 599. "Where no probate of the will of a deceased person ad litem. ^^ letters of administration to his estate have been granted and representation of such estate is required in any action or proceeding in court the judge shall appoint the Public Administrator administrator ad litem according as the case requires. N.W.T., c. 21, E. 592. Direction of 600. Citations, summonses or notices issued by the Court summonses, °^ j^^^ge in the cxercise of probate jurisdiction may in the etc. ' discretion of the judge instead of being directed to any person or persons by name be directed generally to the next of kin, creditors and other persons interested in the estate. N.W.T., c. 21, E. 593. Newspaper 601. All citations, summonses or notices issued by the Stations,°eta ^^^"^^ or judge in the exercise of probate jurisdiction may by order of a judge be published in such newspaper or newspapers published in the Territory as such judge directs and for such time as he directs and in that case no other notice or service thereof shall be necessary unless the judge otherwise directs. N.W.T., c. 21, E. 594. SeditoS'to ^^.^ ^ j^. to obtain possession of certain cattle (or goods) to wit : which the said A.B. asserts to be his property ; Now the condition of this obligation is such that if the said A.B. shall prosecute his suit in which the said writ is issued with effect and without delay or if suit is carried on and continued between the said A,B. and CD. touching the property of the said cattle (or goods) and the Court adjudges that the said cattle (or goods) be restored to the said CD. with damages for detaining the same and during such detention then if the said A.B. shall comply with such adjudication and pay and satisfy any judgment that may be obtained against him this bond shall be void. Signed, sealed and delivered in the / S'" /?>' [ • p^*^^^^"" °f \ g.h': [l.s:] (When the plaintiff himself does not join in the bond the form must be altered to conform, to the facts.) FOEM a. (Rule 4Y8.) Obiginating Summons. In the Territorial Court of the Yukon Territory, (Here insert style of cause or matter.) Let all parties concerned attend at judge's chambers at in on the this day of 19 ) 288 Cap. 19 CONSOLIDATED OEDINANCES C. 0. CHAPTER 19. An Ordinance respecting the Sheriff and Deputy l-^heriff's. OFFICE HOURS. Sheriff's office 1. It shall be the duty of the sheriff to keep his office hours. open between the hours of ten in the forenoon and four in the afternoon on all days except Sundays and holidays except Saturdays when the same may be closed at one o'clock in the afternoon. N.W.T. c. 23, st 1. BOOKS, RECORDS AND PROCESS. Fees received 2. The sheriff shall keep a separate book in which he to be recorded ghall enter from day to day all fees and emoluments received by him in virtue of his office showing separately the fees received for each service performed and such further facts and information as the Commissioner from time to time requires. N.W.T. c. 23, s. 2. Annual 3. The sheriff shall on or before the fifteenth day of fees^™*" ° January in each year make up a statement in duplicate from such book and return the same to the Commissioner verified under oath ; and such statement shall set forth the total amount of fees which have been received during the twelve months ended on the thirty-first day of Decem- ber next preceding. N.W.T. c. 23, s. 3. Books open 4. The sheriff shall keep in his office open to the inspec- inspeotion. tiou of any person the following books, namely : (a) Process books — in which shall be entered a memoran- dum of every process other than writs of execution or writs in the nature of writs of execution received by the sheriff, the court out of which the same issued, the date of the receipt, the nature of the process, the names of the parties thereto, the solicitor by whom issued, the date of the return and the nature of the return made thereto or what was thereunder or therewith done respectively ; (6) Execution books for goods and lands respectively in which shall be entered a memorandum of every writ 'of execution or writ in the nature of a writ of execution, the court out of which the same issued, the names of the par- 1902 SHERIFF AND DEPUTY SHERIFF Cap. 19 289 ties thereto, the solicitor by whom issued, the date of return and the nature of the return made thereto or what was done thereunder or therewith ; and (c) A cash book in which shall be entered all cash recei- ved or paid away by the sheriff in his official capacity or in connection with his office for any service whatever — for fees, poundage, service of process and papers, attendance at court, moneys levied under execution or under writs in the nature of writs of execution or otherwise, the date of the receipt or payment and the cause, matter or service in which or on account of which the same was received or paid aw ay. (2) And a seal of office. N.W.T. c. 23, s. 4. 5. The said books and seal may be supplied out of the Supplying general revenue fund of the Territory. N.W.T. c. 23, s. 5. 6. All books, accounts, records, papers, writs, warrants, Books, processes, moneys and other matters and things in the to'be'property possession or under the control of the sheriflf by virtue of of Govern- or appertaining to his office as sheriff shall be the property '"™*' of the Government and the same and every of them shall Disposition on immediately upon the resignation, removal from office or l^^e!^^ °^ death of any sheriff be, by the party in whose possession or control they may come or happen to be, handed over to and taken possession of by the successor in office of such sheriff or such person as the judge appoints to receive the same. N. W.T. c. 23, s. 6. 7. No person except the successor in office of the sheriff ^°^^^^'°" "* so resigning, being removed or dying, or the person so to ^f "er vacancy. be appointed by the court as aforesaid shall take, have or hold any such books, accounts, records, papers, writs, war- rants, processes, moneys, or other matters or things ; and any person having or holding any of the matters aforesaid shall forthwith on demand deliver over the same and every of them to the said succeeding sheriff or to the person so to be Refusal to appointed as aforesaid ; and upon any such person neglect- go™e"Ln. ing or refusing so to do on conviction thereof before a judge, of the Territorial Court he shall be liable to pay a penaltv not exceeding $100. N.W.T. c. 23, s. IJ: S. The sheriff after resigning office or removal from office, ^^^;ffj^^gf or his heirs, executors or administrators shall or may at any to books. and at all time or times thereafter have the right and be at liberty to have access to search and examine into any or all accounts, books, papers, warrants, and processes of what- ever kind and all other matters or things which were formerly in the possession of him the said sheriff before his resignation or removal and which at the time of making or requiring to make such search or examination are in the 19— T. 0. 290 Cap. 19 CONSOLIDATED ORDINANCES C. 0. possession or control of the succeeding sheriff, free of all costs, charges and expenses. N.W.T. c. 23, s. 8. VACANCY IN OFFICE PENDING EXECUTION OF WRIT. Sale of lands 9. In case of the death, resignation or removal of the sheriflp, Prowliure ^^ of ^^y deputy where there is no sheriff, after he has made a when vacancy sale of lauds but before he has made a transfer of the same to occurs. ^Yie purchaser such transfer shall be made to the purchaser by the sheriflf or the deputy sheriff who is in office acting as sheriff as aforesaid at the time when the deed of convey- ance is made. N.W.T. c. 23, s. 9. Sheriff vacating, successor to continue process. lO. If the sheriff goes out of office during the currency of any writ of execution against lands and before the sale, such writ shall be executed and the sale and transfer of the lands be made by his successor in office and not by the former sheriff. N.W.T., c. 23, s. 10. MISFEASANCE OR DEFAULT OF SHERIFF, LIABILITY OF SURETIES. Liability of sureties. 11. The sureties of the sheriff shall be liable to indemify the party or parties to any legal proceedings against any omission or default of the sheriff in not paying over moneys received by him and against any damage sustained by any such party or parties in consequence of the sheriff's wilful or neglectful misconduct in his office and the sheriff shall be joint defendant in any action to be brought upon the covenant or security given by the sheriff. N.W.T., c. 23, s 11. Default of sheriff. Action on security. Limitation of surety's liability. 12- Any person sustaining any damage by reason of any such default or misconduct of any sheriff may bring and maintain an action upon the said covenant or security for such default or misconduct and such action shall not be barred by reason of any prior recovery by the same party upon the covenant or security or of any judgment rendered for the defendant in any prior action upon the same cove- nant or security or by reason of any other action being then depending upon the same either at the suit of the same plaintiff or of any other party for any other distinct cause of action. N.W.T., c. 23, s, 12. 13. If upon the trial of any action upon any such cove- nant or security it is made to appear that the plaintiff is entitled to recover and that the amount which such surety has paid or become liable to pay as hereinafter mentioned is not equal to the full amount for which he became surety the court after deducting from such full amount the sums 1902 SHERIFF AND DEPUTY SHERIFF Cap. 19 291 whicli he has so paid or become liable to pay as aforesaid shall render judgment against him for any sum not exceed- ing the balance of the sum for which he became surety. N.W.T., c. 23, s. 13. 14. "Where any such surety actually and bona fide and of When surety his own proper moneys and effects has paid or become liable from lifbUit by virtue of a judgment or judgments recovered against him upon his said covenant or security to pay an amount equal to the amount specified in the said covenant or security for which he became surety such covenant or security shall as to him be deemed to be discharged and satisfied and no other or further sum shall be recovered against him. N.W.T., c. 23, s. 14. 15. It shall be competent for the Territorial Court or Stay of, a jud^e thereof upon proof to the satisfaction of the Court aga?nst surety or judge of such payment or liability in a summary manner and at any stage of the cause by stay of proceedings or other- wise to prevent the recovery against any such surety of any further sum than the amount specified in his covenant or security and for which he became surety. N."W.T., c. 23, s. 15. 16. Upon every writ pf execution under a judgment re- y^^en covered on such covenant or security the plaintiff or his recovered solicitor shall by an indorsement on the writ direct the ^^^^^^"^^1 coroner or other officer charged with the execution of such sheriff's goods writ to levy the amount thereof upon the goods and chattels *'''^*- of the sheriff in the first place and in default of goods and chattels of the sheriff to satisfy the amount then to levy the same or the residue thereof on the goods and chattels of the other defendant or defendents in such writ and so in like manner with any writ against lands and tenements upon a judgment on any such covenant or security. N.W.T., c. 23, s 16. IT. Notwithstanding a sheriff may have forfeited his Sheriff liable office and become liable to be removed therefrom the lia- ^^tiiXe.'"" bility of himself and his sureties shall remain until a new sheriff has been appointed and sworn into office. N.W.T., c. 23, f. 11. OFFICERS NOT TO PURCHASE AT EXECUTION SALES. 18. No sheriff, deputy sheriff, bailiff or constable shall Sheriff, etc., directly or indirectly purchase any goods or chattels, lands purehTse or tenements by him exposed to sale under execution. N. "nder ..,, _, „„ ^•' ^ execution. W.T., c. 23, s. 18. 19J— Y. o. 292 Cap. 19 CONSOLIDATED ORDINANCES C. 0. MISCONDUCT OF BAILIFF OB CONSTABLE. Liability for misconduct in execution of writ. !?>• If any bailiflF or constable entrusted with, the execu- tion of any writ, warrent, process, mesne or final, wilfully misconducts himself in the execution of the same or wilfully makes any false return to such writ, warrant or process, unless by the consent of the party in whose favour the process issued, he shall answer in damages to any party aggrieved by such misconduct or false return. N.W.T., c. 23, s. 19. CUSTODY OF WEITS,r,PKOCESS, ETC. Restoration of documents, etc., tosherifif. Enforcement of return. ^O. Every deputy sheriff, bailiff or other sheriffs officer or clerk entrusted with the custody of any writ or process or of any book, paper or document belonging to the said sheriff or his office shall upon demand upon him by such sheriff restore and return such writ, process, book, paper or document to the custody of the said sheriff and in case of any neglect or refusal to return or restore the same as afore- said the party so neglecting or refusing may be required by an order of the Territorial Court or of any judge of such court to return and restore such writ, process, book, paper, or document to such sheriff and if he disobeys such order may be further proceeded against by attachment as in other cases of contumacy to orders or rules of court. N.W.T., c. 23, s. 20. SherifE's officer to deliver process to sheriff when required. 21. If any deputy sheriff, bailiff or sheriff's officer shall have in his possession, custody or control any writ of STim.m.ons, fieri facias or other writ or any bench warrantor process whatsoever and shall upon demand made by the sheriff from whom the same has been received or his successor in office or by any other party entitled to the pos- session of the same neglect or refuse to deliver up the same such sheriff or his successor in office or the party entitled to the possession of the same may proceed by summons and order before any judge having jurisdiction in the court out of which such writ or process issued to compel the produc- tion thereof ; which order may be enforced in the same manner as like orders for the return of writs against sherifls and with or without costs or be discharged with, costs against the party applying in the discretion of the judge aforesaid. N.W.T., c. 23, s. 21. Provision in case of death, resifrnation or removal of sheriff. VACANCY IN OFFICE OF SHERIFF, DEPUTY TO ACT. 22. If a sheriff dies, resigns his office and his resi- gnation is accepted or is removed therefrom the deputy sheriff by him appointed shall nevertheless continue the office of sheriff and execute the same and all things belong- 1902 SHERIFF AND DEPUTY SHEBIFF Cap. 19 293 ing thereto in the name of the sheriff so dying, resigning or being removed until another sheriff has been appointed and sworn into office ; and the said deputy sheriff shall be answerable for the execution of the office in all respects and to all intents and purposes whatsoever during such interval as the sheriff so dying, resigning or having been removed would by law have been if he had been living or con- tinuing in office and the security 'given to the sheriff so deceased, resigning or being removed by his said deputy sheriff and his pledges as well as the security given by the said sheriff shall remain and be a security to the King His Heirs and Successors and to all persons whatsoever for the due and faithful performance of the duties of his office during such interval by the said deputy sheriff. N.W.T.. c. 23, s. 22. SECUKITIES AND OATHS OP OFFICE. 33. Every sheriff before entering upon the duties of his Copy of office and if after entering upon his duties a new securtiy ^ed"*^ '° ^ is substituted for any previously given shall file in the office of the Territorial Secretary a copy, certified as such by the Secretary of State for Canada, ot the security required by and given under The North-west Territories Act or of such substituted security. N.W.T., c. 23, s. 23. 24. Such security shall be available to and may be sued Security may upon by any person suffering damage^ by the default, be sued upon. breach of duty or misconduct of such sheriff. N.W.T., c. 23, s. 24. 25. A copy of such security purporting to be such, certi- Certified copy fied by the Territorial Secretary, shall be received in all °ll^^J' courts as prima facie evidence of the due execution and contents thereof without further proof. N.W.T., c. 23, s. 25. 26. Every deputy sheriff appointed under the provisions Oath of office. of any Ordinance of the Territory in that behalf shall upon appointment and before entering upon the duties of his office take the oath of office in the form in the schedule to this Ordinance and also the oath of allegiance. (2.) All such oaths shall be filed in the office of the Ter- ritorial Secretary immediately after being taken. N.W.T., c. 23, s. 26. DEPUTY SHERIFFS. ST. The sheriff of the Yukon Territory may appoint one Deputy or several deputy sheriffs and in the event of his being ^J'p^^^*^.^" absent from Dawson or becoming incapacited through illness, or otherwise and failing to appoint such deputy sheriff or sheriffs a judge of the Territorial Court may appoint one or several such deputy sheriffs and such 294 Cap. 19 CONSOLIDATED ORDINANCES C. 0. Powers and duties ol deputy. Deputy to give security. Security may be proceeded upon. deputy sheriffs shall have and perform the powers, duties and obligations hereinafter mentioned. No. 26 of 1902, s. 8, ss. (4.) 28. All the powers, duties and obligations which may be exercised or performed by the sheriff may be exer- cised and performed by any such deputy sheriff respec- tively and process for the purpose of binding property may be placed in the hands of such deputy sheriff and such deputy sheriff shall have and use a duplicate of the seal of the sheriff and keep stich books as are kept by the sheriff. No. 26 of 1902, s. 8, ss. (6). 29. Each deputy sheriff before entering on his duties shall give security to the Commissioner to the satisfaction of the Commissioner in the sum of $2,000 for the due performance of the duties and obligations of his said office and for the due payment over to the persons entitled thereto of all moneys received by him by virtue of his said office and any person sustaining damage by reason of the non-performance or improper or undue performance of such duties or obligations by reason of the non-payment over of such moneys shall have and possess a right of action against such deputy sheriff and his sureties upon such security for the amount of such damages. N.W.T., c. 23, s. 30. Sheriff not respon sible or dep uty. 30. The sheriff shall not after the giving of such security by his said deputies be answerable or accountable for the acts or non-performance or improper performance of the duties and obligations of his said deputies. N.W.T., c. 23, s. 31. Sheriff or 31. No sheriff or deputy sheriff wMle holding officc shall acfas^soiioitor Practice as a solicitor of the Territory or be a member of any firm of solicitors practising in the Territory. N.W.T.^ c. 23, s. 32. SCHEDULE. DEPUTY sheriff's OATH OF OFFICE. I, , do swear that I will truly and faithfully perform the several duties of deputy sheriff to which I have been appointed without fear, favour or malice. So help me Grod. Sworn before me at ) in the Yukon Territory, > this day of 1 ) 1902 POLICE ilAGISTRATES Cap. 20 296 CHAPTER 20. An Ordinance respecting- the procedure and practice in connection with the exercise of the civil juris- diction of Police Magistrates. Praotioe in 1. The jurisdiction of each of the Police Magistrates Magistrates appointed under Chapter 41 of the Dominion Acts of 1901, same as in^ entitled, " An Act to amend the Yukon Territory Act and c™rt°"^^ to make further provision for the administration of Justice in the said Territory," shall be exercised so far as regards procedure and practice in the same manner as the jurisdic- tion of a judge of the Territorial Court of the Yukon Terri- tory and the practice and procedure in civil cases over which such magistrate has jurisdiction shall be regulated by the Ordinance respecting the Administration of Civil Justice, and the Rules of Court made thereunder. No. 34 of 1901, s. 3. Cases to be 8. Every such case shall be commenced and proceeded P^th'^^s if with both before judgment and subsequently as if the same brought in was a cause commenced in the Territorial Court save that qI^^"^^ the same may be tried and judgment given and decisions and determinations and rules, orders and decrees made in any such case by the proper Police Magistrate. No. 34 of loni c A - '■- ni''" -kw*s!-^---"*'i ,i-»"'^T7 — ~~" Appeals from 3. All appeals from the Police Magistrate shall be heard magistrates to by the Territorial Court sitting en banc,&nd shall be by Territorial way of rehearing, and shall be brought by a notice of Court m &««(!. appeal in a summary way, and no petition, case or other formal proceeding other than such notice of appeal shall be necessary. The Appellant may, by the notice of appeal, Appeal. appeal from the whole or any part of any judgment or order, and the notice of appeal shall state whether the whole or part only of such judgment or order is complained of, and in the latter case shall specify such part. No. 34 of 1901, s. 5. 4. The notice of appeal shall be served on all parties Notice of directly affected by the appeal, and it shall not be neces- gPPf^''j,^gjj sary to serve parties not so affected, but the Territorial °^^^^^^ • Court may direct notice of the appeal to be served upon all or any of the parties, to the action or other proceeding or upon any person not a party, and in the meantime may post- 296 Cap. 20 CONSOLIDATED ORDINANCES C. 0- Time within which notice to be given. Appeal shall not stay unless ordered. Questions of fact, how determined. pone or adjourn the hearing of the appeal upon such terms as are just, and may give such judgment and make such order as might be given or made if the persons served with such notice had been original parties. Any notice of appeal may be amended at any time that the Court thjnks fit. No. 34 of 1901, s. 6. 5. The notice of appeal shall be served within ten days from the day the appelant or his solicitor first had notice that the order upon the decision appealed from had been made, but the court or judge may enlarge and extend the time JFor giving such notice of appeal either before or after the expiration thereof. No. 34 of 1901, s. T. ©• An appeal shall not operate as a stay of execution or of proceedings under the decision appealed from except so far as the magistrate appealed from or the court orders, and no intermediate act or proceeding shall be invalidated except so far as the court directs. Such deposit or other security shall be made or given as directed by the court or judge. No. 34 of 1901, s. 8. '7. When any question of fact is involved in an appeal the evidence taken before the Magistrate bearing on such question shall, subject to any special order, be brought before the court as follows : (a.) As to any evidence taken by affidavit by the produc- tion of copies of such affidavit ; (b.) As to any evidence given orally, by production of the notes of the evidence as extended by the Stenographer or made by the Magistrate or such other material as the court deems expedient. No. 34 of 1901, s. 9. 1902 PUBLIC ADMINISTEA.TOR Cap. 21 297 CHAPTER 21. An Ordinance Respecting the Office of Public Admi- nistrator, ADMINISTRATION OF THE ESTATES OF. DECEASED PERSONS. 1. The Public Administrator shall furnish security to the Tofumish satisfaction of the Commissioner, in the penal sum of ^^''^^^y- $10,000 conditioned for the due performance of his duties ; but shall not otherwise be required to furnish security as Administrator unless a judge so directs, and such security may be furnished by bond or agreement of any guarantee company approved by the Commissioner.' No. 50 of 1899, s. 2. 3. During the months of January and July in each year, To report in the Public Administrator shall furnish to the'Commissioner January and a statement in detail, verified on oath, of the emoluments of his oflB.ce for the six months preceding the first of January or the first of July, as the case may be. No. 50 of 1899, s. 3. 3. Unless and until letters of administration are granted Public hj the proper court in that behalf to some person entitled to™dminister thereto or letters probate of the last will of the deceased are until some granted to the executor or executors therein named, the appointed^."" Public Administrator shall be the administrator, or the administrator with the will annexed (as the case may be) of the estates, both real and personal, of all persons who have heretofore died or may hereafter die, leaving property within the Yukon Territory, and shall, without grant of letters of administration have, in respect to such estates, all the rights, powers, privileges and authority, and shall perform all the duties incumbent upon, and shall be subject to all the liabilities of, an administrator or executor, acting under the authority of letters of administration or letters probate. No. 50 of 1899, s. 4. 4. Any person or persons in whose charee or care, or Death to be upon whose premises any person dies, shall forthwith give PoUcllnd notice of such death to the Public Administrator or to the Public ofiicer or constable commanding at the post of the North- administrator "West Mounted Police nearest the place where such death occured, and shall also forthwith deliver to the Public 298 Cap. 21 consolidated ordinances 0. 0. Administrator or to such officer or constable all moneys, goods, chattels, .books, documents, papers and effects in his, or their possession or custody belonging to the estate of the deceased, and shall also inform the Public Administrator or such officer or constable of all facts within his, or their knowledge, information or belief touching the name, age, former place of residence without the Yukon Territory, relatives and property, both real and personal of the said deceased ; and any person neglecting to comply with the provisions of this section, shall be liable, upon summary conviction before a justice of the peace, to a fine not exceed- ing $500, and not less than $50 with costs. No. 50 of 1889, s. 5. Officer to 5. The officer or constable, to whom such notice and no*tioeand information are given, shall, as soon as possible, transmit the assets to Same to the Public Administrator, together with such assets administrator. ^^ ^^® estate as have been delivered under the next preceding section hereof. Whenever immediate transmission of the assets is practicable, a complete inventory (with an approximate valuation) of such assets shall be forthwith transmitted. No. 50 of 1899, s. 6. Rule of court 6. Rule 588 of the rules of court contained in the Judica- Jud'catare" ^^^^ Ordinance shall not apply to the Public Administrator Ordinance not who shall, without Order, exercise the powers and perform the Pub?ic^^ *° duties therein set forth in such mode as to administer the administrator, estate which comes to his hands in a speedy and inex- pensive manner, having due regard to the interests of all parties entitled to share in such estates. Where the Public Administrator has given such or the like notice as in the opinion of the court in which such administrator is sought to be charged, would have been given by the court in an administration suit for creditors and others to send into such Public Administrator their claims against the estate of the testator or intestate (as the same may be) the Public Administrator shall, at the expiration of the time named in the said notices, or the last of the said notices, for sending in such claims, be at liberty to distribute the assets of the testator or intestate (as the case may be) or any part thereof amongst the parties entitled thereto, having regard to the claims of which the Public Administrator has then notice, and shall not be liable for the assets or any part thereof, so distributed to any person of whose claim the Public Admi- nistrator has not notice at the time of the distribution thereof, or a part thereof (as the case may be) but nothing in this Ordinance contained shall prejudice the right of any creditor or claimant to follow the assets or any part thereof, into the hands of the person or persons who have received the same respectively. No. 50 of 1899, S. 9. f "\^ *to ^* -^"^^ ^^^ °^ *^® ^^^^ ^^^^® °^ ^°^''*' ^^^^^ ^PP^y ^° ^^'^ admmis°trator. Public Administrator. No. 50 of 1899, S. 10. 1902 PUBLIC ADMINISTRATOR Cap. 21 299 INFANTS AND LUNATICS. 8« "When no other appointment has been made the Public PubUo Administrator shall be guardian of the estate within the to™e"u*rdkn Yukon Territory of all infants whose parents are dead wherenoother or do not (one or both) reside in the Yukon Territory. No. appointed. 50 of 1899, 8. 18. 9. The Public Administrator shall have power to sum- Public mon before him any person or persons who, in his opinion, to have power have knowledge of the estate and effects of any de- to summon ceased person, and may examine any such person or per- ""*"^^^^^- sons, upon oath, touching his, or their knowledge of the estate and affects aforesaid, and any person so sum- moned who neglects to attend before fthe Public Adminis- trator at the time and place by him appointed or who re- fuses to answer any lawful questions put to him by the Public Administrator upon such examination shall, for such neglect or refusal, be subject, upon summary convic- tion before any justice of the peace, to a fine not exceeding $500 and not less than $50. No 50 of 1899, s. 21. 800 Cap. 22 consolidated ordinances C. 0. CHAPTER 22. An Ordinance respecting Commissioners to aummister Oaths. Barristers 1. All Barristers entitled to practise in the Yukon Territo- commissioners ^7' ^^^ alljustices of the peace, are hereby empowered to ad- minister oaths and take and receive affidavits, declarations and affirmations in the said Territory. No. 6 of 1899, s. 1. Commissioner 2- The Commissioner of the Yukon Territory may, by com- may appoint missiou Under his hand and seal from time to time, commissioners , , ,, i n • i empower such and so many other persons as he thinks fit and aiecessary to administer oaths and take and receive affidavits, declarations and affirmations within the said Ter- ritory, and may revoke the commission or commissions of any such persons and such revocation shall operate as a re- vocation for all purposes. No. 6 of 1899, s. 2. No. 44 of 1900, s. 1. Commissioner 3. The Commissioner may, by a commission under SS^Eers l\is hand and the seal of the Yukon Territory, from outside the time to time empower such and so many persons as Territory. j^g thinks fit and necessary to administer oaths .and to take and receive affidavits, declarations and affirmations without the Yukon Territory, in or concerning any cause, matter or thing depending or in any wise concerning any of the pro- ceedings in the Territorial Court of the Yukon Territory, and every oath, affidavit, declaration or affirmation taken or made as aforesaid shall be as valid and effectual and shall be of the like force and effect to all intents and pur- poses as if such oath, affidavit, declaration or affirmation had been administered, taken, sworn, made or affirmed before a commissioner for taking affidavits within the Yukon Territory, or other competent authority of the like nature. No 44 of 1901, s. 1. Name of "*. The Commissioners so appointed shall be styled " Corn- commissioners missioners for taking affidavits in and for the Territorial Court of the Yukon Territory." No 44 of 1901, s. 2. 19C2 NOTAEiES PUBLIC Cap. 23 301 CHAPTER 23. An Ordinance Respecting Notaries Public. 1. All Barristers entitled to practice in the Yukon Ter- Barristers to ritory shall be ex officio Notaries Public, and no other per- be Notaries son shall act as such unless he receives from the Commis- sioner of the Territory a commission to that effect, after such an examination as the Commissioner deems to be other persons sufB.cient and is enrolled in a register kept for that purpose 'xSnation by the Territorial Secretary, and pay an annual fee of fifty and pay dollars, such sum to form part of the general revenue fund. o?«to^ ^^^ No. 6^of 1898, s. 1. 2. The Commissioner may appoint by commission under Appointments his hand and the seal of the Territory one or more notaries public for the said Territory, provided that no appointment shall be made of any person or persons who at the time is not actually residing within the said Territory. N.W.T., c. 25, s. 1. 3. Every such notary shall have, use and exercise the Powers. power of drawing, passing, keeping and issuing all deeds and contracts, charter parties and other mercantile trans- actions in the said Territory, and also of attesting all com- mercial instruments that are brought before him for public protestation and otherwise of acting as usual in the office of notary and may demand, receive and have all the rights, profits and emoluments rightfully appertaining and belonging to the said calling of notary public during pleasure. N.W.T., c. 25, s. 2. 802 Oap. 21 CONSOLIDATED ORDINANCES 0. 0. CHAPTER 24. An Ordinance to Abolish Priority among Execution Creditors. SHORT TITLE. Short title. !• This Ordinance may be cited as " The Creditors* Relief Ordinance^" N.W.T., c. 26, s. 1. ^INTERPRETATION. Interpretation 2. In this Ordinance the expression "sheriff" includes deputy sheriffs, duly appointed bailiffs, coroners and any other person discharging the duties of sheriff in the par- ticular case or for the time being ; the expression "judge " means a judge of the Territorial Court of the Yukon Ter- ritory. N.W.T., c. 26, s. 2. PROCEDURE UNDER EXECUTIONS. DISPOSITION OF MONEYS REALISED. Priorities 3. Subject to the provisious hereinafter contained there abolished. shall be no priority among creditors by execution from the Territorial Court of the Yukon Territory. When levy («•) If a sheriff levies money upon an execution against made. the property of a debtor he shall forthwith enter in a book to be kept in his office open to public inspection without Sheriflt to give charge a notice stating that such levy has been made and notice. the amouut and date thereof and the money levied shall at the expiration of two months from the levy unless other- Rateabie wise ordered by a judge be distributed rateably amongst distribution, all executiou Creditors whose writs were in the sheriff's hands at the time of the levy or who have delivered executions to the said sheriff within the said two months or within such further time as is ordered by a judge subject however to the provision hereinafter contained as to the payment of the costs of the creditor under whose writ the amount was levied : Provided that if money is realised by sale of lands for which a certificate of title has been granted under The Land Titles Act, 1894, the said period of two months shall be computed from the date of confirmation of the sheriff's sale under the said Act. 1902 creditors' relief Cap. 24 308 (b.) The notice shall state the day upon which it was Formofnotice entered and may be in form A given in the schedule hereto. (c.) Where proceedings are taken by the sheriff or other interpleader officer for relief under any provisions relating to inter- proceedings. pleader those creditors only who are parties thereto and Persons who agree to contribute pro rata (in proportion to the amount ^"*^*^^'^ *^*®'^- of their executions) to the expense of contesting any adverse claim shall be entitled to share in any benefit which may be derived from the contestation of such claim so far as may be necessary to satisfy their executions : Provided however in case the money is ordered to be paid Sherifif'a into court by the sheriff pending the trial of an interpleader money pafd* issue the entry to be made by the sheriff shall not be made into court, until the said money is again paid out of court to the sheriff for distribution. The Court or judge may direct that one Carriage of creditor shall have the carriage of the interpleader proceed- ™ooe^'|^l^g'^ ings on behalf of all creditors interested and the cost there- Costs. of as between solicitor and client shall be a first charge upon the moneys or goods which are found by the pro- ceedings to be applicable upon the executions. {d) If the sheriff shall subsequently to the entry of the Procedure notice but within the two months levy a further amount J^^y'^l^^™"*^ upon the property of the debtor the same shall be dealt with as if such amount had been levied prior to the entry of the notice but if after the two months a further amount is levied a new notice sjiall be entered and the distribution to be made of the amount so levied and of the further amount levied within two months of the entry of the last mentioned notice shall be governed by the entry thereof in accordance with the foregoing provisions of this section and so on from time to time : Provided however that the judge may on application delay any of such distributions or any part thereof to give reasonable time for obtaining judgment and fix a date for such distributions. (e) If a debtor voluntarily and without any sale by the -p^^^ ^f sheriff pays to the sheriff part of the amount owing in execution respect of an execution in the sheriff's hands and there is before sale. at the time no other execution in the sheriff's hands the sheriff is to apply the same on the execution so in his hands and subsections (a) (b) (c) and (d) of this section shall not apply to the money so received by the sheriff. (/) In the distribution of moneys under this Ordinance Proceeds of creditors who have executions against goods or lands or land available against goods only or lands only shall be entitled to share execution rateably with all others any moneys realized under execution goods, etc. either against goods or lands or against both. N.W.T., c. 26, s. 3. 4. When the amount levied by the sheriff is not sufficient q^^^^ ^^^^ to pay the execution debts with costs in full the moneys preference. shall be applied to the payment rateably of such debts and 304 Cap. 24 CONSOLIDATED ORDINANCES C. costs after retaining the sheriff's fees and after payment in full of the taxed costs and costs of execution and extra costs of seizure and sale incurred by the creditor at whose ins- tance and under whose execution the seizure and levy were made. N.W.T., c. 26, s. 4. Attachment proceedings. Execution creditors alone to share. 5. Moneys realized by the sheriff as the result of attach- ment of personal property shall be distributable under the provisions of this Ordinance. N."W.T., c. 26, s. 5.\ ':^'l:i,!,[, - , 6. N'ocreditor shall be entitled to share in the distribution of money levied from the property of a debtor unless by the delivery of a writ of execution he has established a claim against the debtor either alone or jointly with some other creditor or creditors. N."W.T., c. 26, s. 6. Procedure where writ Euli amount <7. If the debtor without any sale by the sheriff pays of execution .i i? n . • ■ j. e n j. • j.i paid without the fuU amount owing m respect of the executions m the sale- sheriffs hands at the time of such payment and no other execution has been placed in his hands or in case all execu- tions in the sheriff's hands are withdrawn no notice shall be entered as required by section 3 of this Ordinance and no further proceedings shall be taken under this Ordinance against the debtor by virtue of the executions having been in the sheriff's hands. (2) Save as aforesaid after an execution has been filed with the sheriff" the withdrawal or expiry of the writ upon which the proceedings are founded or any stay upon the writ or the satisfaction of the plaintiff''s claim thereon or the setting aside or return of the writ shall not affect the proceedings to be taken under this Ordinance and except so far as the action taken in regard to the writ may affect the amount to be levied the sheriff shall proceed and levy upon the goods or lands of the debtor or both as he would have proceeded had the writ or writs remained in his hands in full force to be executed and may also take the like proceedings as he would have been entitled to take had the writ been a writ of venditioni exponas. N.W.T., c. 26, s. T. 8. Where there is in any court a fund belonging to an execution debtor and to which he is entitled the same or a sufficient part thereof to pay the executions in the sherifi''s hands may on application of the sheriff" or any party interested be paid over to the sheriff and the same shall be deemed to be money levied under execution within the meaning of , this Ordinance. N.W.T., c. 26, s. 8. One seizure 9. One Seizure by the sheriff of the goods and lands of the •exfcutlins''" ^^'P^°^ ^hall be deemed sufficient and shall be deemed a sharing. seizure on behalf of all creditors sharing under such seizure as hereinbefore provided. N.W.T., c. 26, s. 9. Fund in court belonging to execution debtor. 1902 creditors' relief Cap. 24 305 10. "Where money is to be [distributed under this Ordi- Sheriff nance the sheriff shall not be entitled to poundage as upon If^gie^ *" separate writs but only upon the net proceeds of the estate poundage only distributed by him and at the same rate as if the whole amount had been payable under one writ, N.W.T., c. 26, s. 10. 11. "When money is made upon a writ the same shall be Sheriff's taken for the purposes of the sheriff's return and otherwise ^e*"™ after to be made upon all the writs entitled to the benefits thereof and the sheriff shall upon payment being made to the person entitled upon such writ indorse thereon a memorandum of the amount so paid but he shall not, except on the request of the party issuing the writ or by direction of the court out of which the same issued or of a judge of such court, return the writ until the same has been fully satisfied or unless the same has expired by effluxion of time in which case the sheriff shall make a formal return of the amount paid thereon. (2) The like proceedings may be taken to compel payment OompeiUng by the sheriff of money payable in respect of an execution sheSJI °* ^^ or other claim as may now be had to compel the return by the sheriff of a writ of execution. N.W.T., c. 26, s. 11. 12. The sheriff shall pending the distribution of moneys sheriff to keep levied keep in the said book mentioned in section 3 of this ^artiSuars°* Ordinance a statement according to form B in the schedule hereto showing in respect of any debtor on whose property money has been levied the following particulars ; (a) The amounts levied and the dates of levy ; (b) Each execution in his hands at the time of entering the notice form A required by section 3 hereof or subsequently received during the month, the amount thereof for debt and cost and the date of receipt and such statement shall be amended from time to time as an additional amount is levied or a new execution is received. N.W.T., c. 26, s. 12. 13. "Where the money levied is insufficient to pay all QueBtionsas claims in full and the sheriff is bona fide in doubt as to how s°heme. the proceeds should be distributed or where any contest arises among the creditors as to the distribution of the Contestation. proceeds among them or any other real difficulty arises as to such distribution the sheriff shall prepare a statement of the proceeds in his hands for distribution and the execu- tions in his hands and the amount thereof and such other particulars as are necessary to explain the contest or difficulty, to be verified by affidavit, and thereupon shall apply to a judge in chambers for a summons calling upon all parties interested to attend before the judge in cham- bers to settle a scheme of distribution and such summons shall be made returnable at such time and shall be served 20— T. o. 306 Cap. 24 consolidated ordinances 0, 0. OQ such persons and in such manner and time as the judge directs. (2) The judge may determine any question in dispute in a summary manner or may direct an issue or action for the trial thereof and may make such order as to costs of all pro- ceedings as is just. (3) If several creditors are interested in a contesta- tion the judge shall give such directions for saving the ex- pense of an unnecessary number of parties and trials or of unnecessary proceedings as are proper and shall direct by whom and in what proportions costs incurred shall be paid and may make such costs a first charge on the moneys levied or otherwise direct that they shall be paid out of the said moneys or out of the share or shares of any one or more of the creditors interested in the same or by any party to such contestation. N.W.T., c. 26, s. 13. Sheriff to give 14. The sheriff shall at all times, without fee, answer information. ^^^ reasonable question which he is asked orally iu respect to the estate of the debtor by a creditor or any one acting on behalf of a creditor and shall facilitate the obtain- ing by him of full information as to the value of the estate and the probable dividend to be realized therefrom or any other information in connection with the estate which the creditor reasonably desires to obtain. N. W. T., c. 26, s. 14. Undisposabie 15. If a sheriff has money in his hands which by placed i*u bank ^^^^^"^ of the provisious of this Ordinance or otherwise he cannot immediately pay over to the execution creditors he shall deposit the money in some incorporated bank designated for this purpose from time to time by order of the judge or where no such order is made then in some in- corporated bank in which the public money is then being deposited and such deposit shall be made in the name of the sheriff in trust. N.W.T., c. 26, s. 15. Irregularities 1<>. No proceeding Under this Ordinance shall be void for not to void ajiy defect of form and the rules for amending or othewise prooee ing. g^^j^g irregularities or defects which may from time to time be in force in the Territorial Court of the Yukon Territory shall apply to this Ordinance and any proceedings wrongfully taken under this Ordinance may be set asida by the judge with or without costs as he thinks fit. N.W. T., c: 26, s. 16. When 17. The provisions of this Ordinance shall not apply to Sapphoabie ^^^ proceeds of any seizure allowed under section 4 of chap- ter 25 of The Consolidated Ordinances N.W.T., c. 26, s. 17. Employees to 18. All persons in the employment of an execution debtor ofdaim.""'''' ^t the time of the notice mentioned in subsection (a) of sec- 1902 creditors' relief Cap. 24 807 tion 3 of this Ordinance or within one month before such notice, who shall become entitled to share in the distribu- tion of money levied out of the property of a debtor, shall be entitled to be paid out of such money the wages or salary due to them by such judgment debtor, not exceeding one month's wages or salary, in priority to the claims of the other creditors of the execution debtor and shall be entitled to share pro rata with such other creditors as to the residue, if any, of their claim. N.W.T., c. 21, s. 18. SCHEDULE. FORM A. Sheriff's Notice. Notice is hereby given that I have by virtue of certain executions delivered to me against the goods and chattels {or lands) of CD., levied and made out of the property of the said CD. the sum of $ And notice is further given that this notice is first entered in my office on the day of 19, and that unless otherwise ordered distribution of the said money will be made amongst the creditors of the said CD. entitled to share therein at the expiration of two months from the day of 19 T.G. Sheriff. Dated, etc. ;20J— Y. O 308 Cap. 24 CONSOLIDATED ORDINANCES CO. IB p W 2 o o o EH E-i 02 02 t— < a 02 d W .4-3 OQ 1^ •l-l > OS 0? bD i-:; eS :<-( (B o .t3 D3 CO c3 OS oo 05 -d 00 B ft rH tA 03 03 r^ ^ S^ tH cotz; Ti _aj P» CB i-:i • -fj PI O o ^ o o o o o g o o lO (M -=11 =€©■ ^ -|j a ■§5fi CO 05 CO 03 oi'm OO 00 «_§ i-H rH ^gCQ t>^ t^ 0) >^ TO ^ f^ PR R 00 O l-H CO o o OQ o -O o o o* CO o «e= «& -VJ a §i 3^1 "* o ogo o o « bo PI » •r^ T3 a> 00 OQ m nd TS o o 1—1 o o f^ &D d c3 tS <^ .,1- ■i-C fe Et< P n OJ d brt5 w pi o3 ^W o .Ti PP ^§ -^ Pm 1902 EXEMPTIONS Cap. 26 309 CHAPTER 25. An Ordinance exempting- certain Property from Seizure and Sale under Execution. SHORT TITLE. 1* This Ordinance may be cited as " The Exemptions Short title. Ordinance." N.W.T., c. 27, s 1. EXEMPTIONS, 2- The following real and personal property of an execu- Exemptions tion debtor and his family is hereby declared free from ^™'" '^*'"'"^- seizure by virtue of all writs of execution, namely : 1. The necessary and ordinary clothing of himself and his family ; 2. Furniture, household furnishings, dairy utensils, swine and poultry to the extent of five hundred dollars ; 3. The necessary food for the family of the execution debtor during six months which may include grain and flour or vegetables and meat either prepared for use or on foot ; 4. The books of a professional man ; 5. The tools and necessary implements to the extent of five hundred dollars used by the execution debtor in the practice of his trade or profession ; 6. The house and buildings occupied by the execution debtor, and also the lot or lots on which the same are situate according to the registered plan of the same to the extent of fifteen hundred dollars. N.W.T., c. 2*7, s. 2, part. GENERAL. 3. The execution debtor shall be entitled to a choice Debtor's from the greater quantity of the same kind of articles which '^^°^'^^- are hereby exempted from seizure. N.W.T., c 2*7, s. 3. 4. Nothing in this Ordinance shall exempt from seizure Article any article except for the food, clothing and bedding of the J°„™d'elation execution debtor and his family, the price of which forms of judgment. the subject matter of the judgment upon which the execu- tion is issued. N,"W.T., c. 27, s. 4. 810 Cap. 25 CONSOLIDATED ORDINANCES Rights of family of deceased debtor. 5. In case of the death of the execution debtor, his pro- perty exempt from seizure under execution shall be exempt from seizure under execution against his personal repre- sentative if the said property is in the use and enjoymeht of the widow and children or widow or children of the deceased and is necessary for the maintenance and support of said widow and children or any of them. N.W.T., c. 27, s. 5. Absconding debtors. ©• The provisions of section 2 hereof shall not apply to any case where the debtor has absconded or is about to abscond from the Territory, leaving no wife or family be- hind. N.W.T., c. 27, s. 6. 1902 SUMMONING OF JURIES Cap. 26 311 CHAPTER 26. An Ordinance Respecting the Summoning- of Juries, !• Subject to the exemptions hereinafter mentioned, all Pewons male British subjects over twenty-one and under sixty-five Isfufol years of age shall be qualified to serve as iurors. No. 19 of 1902, s. 1. 2. The following persons are exempt from serving as Persons jurors : exempt. (a.) Ministers of religion, (fe.) Members of the Yukon Council, (c.) Members of the North-west Mounted Police, (d.) Practising solicitors, (e.) Medical practitioners, (/) School teachers while so employed, (g.) All persons employed in the running of railroad trains and st«am boats, (h.) Telegraph officers when so employed, (i.) Postmasters, (j ) Any person in charge of a steam engine while on any mining claim, (fe.) Any mail carrier. (l.) Every officer of the Dominion and Territorial Government, (m.) Every judge, magistrate or officer of any court of justice actually exercising the duties of his office. No. 19 of 1902, s. 2. 3. The same person shall not be compellable to act as service twice juror more than twice in one year unless the list in his i" °ne year. district has been exhausted in the selection of a panel as hereinafter provided. No. 19 of 1902, s. 3. *• The Sherifi" and Clerk of the Territorial Court shall Sheriff and forthwith prepare from all available sources an alphalbetical prepare list list in Form A of the schedule hereto of all persons in the Yukon Territory qualified to serve as jurors, which list shall be posted in the Court House, the Administration Building and the Post office at Dawson for one month. No. 19 of 1902, s. 4. 5* A similar list shall be prepared it the month of Nov- Similar list to ember in each year hereafter, and be posted as aforesaid not November of" later than the first day of December. No. 19 of 1902, s. 5. each year. 312 Cap. 26 consolidated ordinances C. 0. Lists to be 6. Such liists shall remain posted for one month and any posted. person during said month or within one week thereafter may complain of the insertion of any name therein, and such complaint shall be heard and determined by a judge of the Territorial Court at ten o'clock in the forenoon on Complaints to the third Monday of the month following the posting, judgeT'^'^ ^^ after which such list shall be signed by such judge and shall be the jury list for that year, and ail juries for the trial of criminal and civil cases shall be called from such list unless a judge of said court otherwise orders. No. 19 of 1902, s. 6. Sittings of T. There shall, if necessary, be a sitting of the Territorial criminal cases. Court for the trial of Criminal cases with a jury on the first Monday of each mouth (except in vacation unless otherwise ordered by the court or a judge). No. 19 of 1902, s. 7. Crown 8. The Crown Prosecutor shall six clear days before any notify'cierkof ci'i^-inal sittings notify the Clerk of the Court if a jury is criminal eases, required foT trial of criminal cases. No. 19 of 1902, s. 8. Clerk to 9. XJpon such uotice being received the Clerk shall Irom speokUistfor Said lists of those residing within fifteen miles of the place criminal cases, of trial prepare a special list of forty- eight names in the order in which they appear on said jury list and submit the same to the judge holding the next criminal sittings, and the Clerk shall in the presence of said judge ballot singly until twenty-four names are attained which twenty-four shall constitute the jury panel and a precept in iorm B for the summoning of said panel shall issue. No. 19 of 1902, s. 9. Names not lO. The uames not balloted shall be added to the next beadded to '° special list prepared and balloted for as aforesaid, and the next special same shall be done in each case of selection until the end of the list is reached, when the list shall be gone over again from the beginning subject to the provision that no person shall be liable to serve more than twice in the one year. No. 19 of 1902, s 10. Same f?ll- The Same procedure shall be adopted for the sum- proeedurein moniug of juries for the trial of civil cases. No. 19 of 1902, civil cases. --'='' S. 11. Civil cases to 12. All civil cases to be tried by a jury shall be tried im- immedfateiy mediately after the criminal cases, if any, in each month, after and the same panel shall be used unless otherwise ordered cnminaicases. ^^ ^-^e Court or a judge, and if there is no criminal trials with jury, then the civil cases to be tried by jury, if any, shall be tried on the first Monday of each month and days following. No. 19 of 1902, s. 12. 1902 SUMMONING OF JURIES Cap. 26 313 13. When criminal and civil jury trials are held at the Costs to be same sittings the costs of summoning the jury panel shall between"^ be apportioned between the Grown and the civil litigants Crown and in proportion to the number of cases requiring a jury, but"'" iit'sants. the Crown and the civil litigants shall pay the per diem jury allowance according to the time during which the panel actually was held in the criminal or civil matters, res- pectively, and the trial judge shall certify to the same. But nothing herein contained shall be taken to waive the pay- ment of the deposit now required by civil litigants requir- ing a jury. No. 19 of 1902, s. 13. 14. The Sheriff on receipt of the precept for summoning SheriSf to the jury panel shall execute the same by delivering to each ^""""O" i^^- person, or leaving with some grown up person residing at his house, a reasonable time before the date of trial, a sum- mons in form in the schedule hereto. No. 19 of 1902, s. 14. * 15. The sheriff shall on or before the opening of the court Sheriif shall deliver to the court theprecept with his return thereto. No. ^ court"''"'"^* 19 of 1902, s. 15. 16. Every person summoned to serve as a juror who fails Penalty for to obey the summons or to answer to his name when called sumim)ns.°^^'' by the Clerk shall be liable to a fine not exceeding two hundred dollars, which may be immediately imposed by the Court, provided that the Court may for good cause reduce or remit the said penalty. No. 19 of 1902, s. 16. 17. All fines for non-attendance of jurors shall if not paid How fines to forthwith be levied together with sheriffs costs and ex- "^^ ""i^^"^'®*^- penses as authorized for the execution of civil process by warrant of distress issued by the Clerk of the Court directed to the Sheriff, and in default of suflScient distress and upon such return of insuificient distress such person may on the order of the Court be imprisoned for a term not exceeding sixty days. No. 19 of 1902, s. 1*7. IS. Any party to a civil cause may apply to a judge in Special jury. chambers on giving two clear days' notice for a special jury and upon such application the judge may make such order as he sees fit. No. 19 of 1902, s. 18. 19. There shall be payable to the Sheriff and Clerk each Sheriff .md out of the general revenue fund of the Territory on the cer- ^^'"^^^ ^®^^- tificate of the revising judge, the sum of ten cents for every name added to the list of jurors so prepared as aforesaid. No. 19 of 1902, s. 20. 314 Cap. 26 CONSOLIDAIED ORDINANCES CO LIST OF JUEORS YlJKON TEREITOET FOE THE YEAES 19 Form A. Name of juror. Eesidence. Nearest post office. Distance fromP.O. Distance from Dawson. FORM B. PRECEPT. In the Territorial Court of the Yukon Territory. Edward YII. by the Grrace of God, of the United King- dom of Great Britain and Ireland and of the British Domin- ions beyond the Seas, King, Defender of the Faith, etc., etc. To the Sheriff of the Yukon Territory : ' You are commanded that you cause to come before this Court on the day of A.D. 19 at 10 o'clock in the forenoon at in the Yukon Territory for the trial of causes requiring trial by jury the good and lawful men of the said Territory whose names and places of abode are given in the schedule hereto annexed. Given under my hand and the seal of the said Court at.- in the said Territory this day of A.D. 19 SCHEDULE TO PEEOEPT. Names. Eesidense. Eeturn of Sheriff. 1902 SUMMONING OF JtTRIES Cap. 26 316 FOEM 0. In the Territorial Court of the Yukon Terri^ ory : To.... By virtue of a precept to me directed you are hereby re- quired and commanded to be and appear at on the day of A. D. 19... at th^i hour of ten o'clock in the forenoon and so on from day to day until discharged to serve as a juror in the trial of causes then and there to be heard. Herein fail not at your peril. Sheriff's ofece day of A. D. 19 No 19 of 1902. 316 Cap. 27 CONSOIilDATED ORDINANCES C. 0. CHAPTER 27. An Ordinance Respecting Alimony. jnrisdictionof 1- The Territorial Court of the Yukon Territory shall have SxirUn a°i^^ j^"®*^^^*^°^ *° grant alimony to any wife who would be en- mony. titled to alimony by the law of England or to any wife who would be entitled by the law of England to a divorce and to alimony as incident thereto or to any wife whose hus- band lives separate from her without any sufficient cause and under circumstances which would entitle her by the law of England to a decree for restitution of conjugal rights ; and alimony when granted shall continue until the further order of the court. N."W.T., c. 29, s. 1. 1902 SLANDER Cap. 28 Sll CHAPTER 28. An Ordinance to amend the Law relating to Slander. 1. In any action of slander founded on words spoken of slander of the plaintiff imputing unchastity, adultery or profligacy to females. a female, whether married or unmarried, it shall not be necessary to allege or prove any special damage but such Special words shall be actionable per se. N.W.T., c. 30, s. 1. damage. 2. In any action of slander founded on false and malici- Not necessary ous defamatory words, reflecting upon the character, repu- '"eaa™ tation, honesty or actions of any person, or on false or mali- damage in cious statements which might tend to bring into ridicule gf^nde"^ or contempt any person, it shall not be necessary to allege or prove any special damage, but such false and malicious defamatory words or statements shall be actionable per se. No. ST of 1900, c. 1. 318 Cap. 29 consolidated obdinances 0. 0. CHAPTER 29. An Ordinance respecting- Limitation of Actions in Certain Cases. Actions on 1. All actions for recovery of merchants' accounts, bills, contracts. notcs, and all actions of debt grounded upon any lending or other contract without specialty shall be commenced within six years after the cause of such action arose. N.W.T.. c. 31, s. 1. The Real 2* The provislons of The Real Property Limitation Act, Properly 18'74, beiuff chapter 51 of the Statutes of the Imperial Par- Act {Imp.) liament, passed in the thirty-seventh and thirty-eight years m force. qJ ^er Majesty Queen Victoria's reign, are hereby declared to be in force and to have been in force in the Territory since the passing thereof. N.W.T., c. 81, s. 2. 1902 CONSTABLES Cap. 80 319 CHAPTER 30. An Ordinance Respecting Constables. !• Any justice of the peace may in writing appoint one Justices may or more constables whose powers and duties as such shall constables. extend to the whole of the Territory ; such appointment to be in force for the time mentioned in the appointment but Dmation of shall at no time be longer in force than until the thirty-first °®''®- day of December then next following the date of such appointment or until any process on the said thirty-first day of December in his hands is executed. N.W.T., c. 33, s. 1. 2. Every constable so appointed shall before entering Oath. upon the duties of his office take and subscribe before a jus- tice of the peace the following Oath : I, having been appointed constable for the Yukon Territory do solemnly swear that I will truly, faith- fully and impartially perform the duties appertaining to the said office according to the best of my skill and ability. So help me God. KW.T., c. 33, s. 2. 3. It shall be lawful for any Sherifi", Deputy Sheriff, Oon- Sheriff and stable or other peace officer of this Territory, whether Pf^*"®^"*^™''^ uniformed or otherwise vested with a badge or other sign buildings at showing his authority to enter, without a warrant, at any f^J^dSances^^ hour of the day or night, any dwelling, shop or other build- are violated. ing, or appurtenances within the curtilage thereof, wherein any business is conducted, or supposed to be conducted, and for which a special license has been, or should have been previously obtained under any Ordinance of the Terri- tory, or any rule, orders or by-laws thereunder, and to make such inspection of the said'premises as will permit any such officer to ascertain whether any such Ordinance, rule, orders or by-laws thereunder, are in any way violated or infringed upon. No. 42 of 1899, s. 1. 4. Any one assaulting, or obstructing, any such officer or Penalty for refusing to permit any such officer to enter and inspect any officer."'™^ such premises for the purpose aforesaid, or any one instruct- ing or advising any person to assault, obstruct, or refuse to permit any such officer to enter and inspect such premises shall be liable on summary conviction to a fine not exceed- ing $100 and costs, and in default of payment, to imprison- ment not exceeding two months. No. 42 of 1899, s. 2. 320 Cap. 31 CONSOLIDATED ORDINANCES CO. CHAPTER 31. An Ordinance respecting Distress for Rent and Extra- judicial Seizure. Costs in distraints not to exceed rates in schedule. Seizure under chattel mortgages, etc., costs regulated. Penalty for taking excessive costs. 1- No person making any distress for rent nor any person employed in any manner in making such distress or doing any act in the course of such distress or for carrying the same into effect shall have, take or receive out of the proceeds of the goods and chattels distrained upon and sold or from the tenant distrained on or from the landlord or from any other person any other or more costs and charges for and in respect to such distress or any matter or thing done therein than such as are fixed in the Schedule to this Ordinance and applicable to each proceeding which has been taken in the course of such distress and no person or persons shall make any charge for any act, matter or thing mentioned in this Ordinance or in the said schedule unless such act, matter or thing has been really performed or done. N.W.T. c. 24, s. 1. 2. No person making any seizure under the authority of any chattel mortgage, bill of sale or any other extra-judicial process nor any person employed in any manner in making such seizure or doing any act in the course of such seizure or for carrying the same into effect shall have, take or receive out of the proceeds of the goods and chattels seized and sold from the person against whom the seizure may be directed or from any other person any other or more costs and charges for and in respect of such seizure or any matter or thing done therein or thereunder than such as are fixed in the schedule hereto and applicable to each act which has been done in course of such seizure and no per- son or persons shall make any charge for any act or matter or thing mentioned in the said schedule unless such act, matter or thing has been really performed and done. N.W.T. , c. 34, s. 2. * 3. If any person making any distress or seizure referred to in sections 1 and 2 of this Ordinance takes or receives any other or greater costs than are set down in the said schedule or make any charge for any act, matter or thing mentioned in the said schedule and not really performed or done the party aggrieved may cause the party making the said distress or seizure to be summoned before the Territorial Court and the said court may order the party making the distress or seizure to pay to the party aggrieved treble the amount of moneys taken contrary to the provi- sions of this Ordinance and the costs of suit. N.W.T., c. 34, s. 3. 1902 EXTEA-JUDICIAL SEIZURE ' Cap. 31 321 4. A landlord shall not distrain for rent on the goods Distraint for and chattels the property of any person except the tenant to"prop™rty'^ or person who is liable for the rent although the same are of teiiant. found on the premises ; but this restriction shall not apply Exceptions. in favour of a person claiming title under or by virtue of of an execution against the tenant or in favour of any per- son whose title is derived by purchase, gift, transfer or assignment from the tenant whether absolute or in trust or by way of mortgage or otherwise nor to the interest of the tenant in any goods on the premises in the possession of the tenant under a contract for purchase or by which he may or is to become the owner thereof upon performance of any condition nor where goods have been exchanged bet- ween two tenants or persons by the one borrowing or hiring from the other for the purpose of defeating the claim of or the right of distress by the landlord nor shall the restric- tion apply where the property is claimed by the wife, hus- band, daughter, son, daughter-in-law or son-in-law of the tenant or by any other relative of his in case such other relative lives on the premises as a member of the tenant's family. N.W.T., c. 34, s. 4. ^ 5. The right of a mortgagee of land or his assigns to dis- Distress for " ' * . . - - interest on mortgage. train for interest in arrear or principal due upon a mortgage '"'8''^' °° shall notwithstanding anything stated to the contrary in the mortgage or in any agreement relating to the same be limited to the goods and chattels of the mortgagor or his assigns and as to such goods and chattels to such only as are not exempt from seizure under execution. N.W.T., c. 84, s. 5. 6* Groods distrained for such interest or principal shall Notice of sale. not be sold except after such notice as is required to be given by a landlord who sells goods distrained for rent. N.W.T., c. 34, s. 6. SCHEDULE. 1. Levying distress $2.50 2. Man in possession, per day 4.00 3. Appraisement, whether by one appraiser or more, two cents on the dollar on the value of goods up to $500 and one cent on the dollar for each addi- tional $500 or fraction thereof up to $2,000, and one half cent on the dollar on all sums over that amount. 4. All reasonable and necessary disbursements for advertising. 5. Catalogue, sale, commission and delivery of goods, three per cent on the net proceeds of the goods up to f 1.000 and one and one-half per cent there- after. 21— Y. o. 322 Cap. 32 COiNSOLIDATED ORDINANCES CO. CHAPTER 32. An Ordinance respecting Arbitration. SHORT TITLE. Short title. 1. This Ordinance. Ordinance " N.W.T., may c. 35 be cited s. 1. as " The Arbitration INTER PRETATION . Interpretation 2. In this Ordinance unless the contrary intention appears : "Submission.'' 1- " Submission " means a written agreement to submit present or future difference to arbitration whether an arbi- trator is named therein or not ; " Court." 2. " Court " means the Territorial Court of the Yukon Territory. "Judge." 3. " Judge " means a judge of the Territorial Court of the Yukon Territory. "Rules of 4. "Rules of ^ourt " means the rules of the Territorial court." Court of the Yukon Territory. N.W.T., c. 35, s. 2. Effect of submission. Submission includes provisions in schedule. Stay of mgs. REFERENCE^ BY CONSENT OUT OF COURT. 3. A submission unless a contrary intention is expressed therein shall be irrevocable except by leave of the court or a judge and shall have the same effect in all respects as if it had been made an order of court. N.W.T., c. 35, s. 3. 4. A submission unless a contrary intention is expressed therein shall be deemed to include the provisions set forth in the schedule to this Ordinance so far as they are appli- cable to the reference under submission. N.W.T., c. 35, s, 4. 5- If any party to a submission or any person claiming through or under him commences any legal proceedings in any court against any other party to the submission or any person claiming through or under him in respect of any matter agreed to be referred any party to such legal pro- ceedings may at any time after appearance and before deli- vering any pleadings or taking any other steps in the pro- ceedings apply to that court to stay the proceedings and 1902 ARBITKATION Cap. 32 323 that court and a judge thereof if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission and thatthe-applicant was at the time when the proceedings were commenced and still remains ready and willing to do all things necessary to the proper conduct of the arbitration may make an order staying the proceedings. N.W.T., c. 35. s. 5. 6. In any of the following cases : (a) Where a submission provides that a reference shall Appointment be to a single arbitrator and all the parties do not °l certain'"" concur in the appointment of an arbitrator ; oases. ' (b) If an arbitrator refuses to act or is incapaljle of acting or dies and the submission does not show that it was intended that the vacancy should not be supplied- and the, parties do not supply the vacancy. (c) "Where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator and do not appoint him. (d) Where an appointed umpire or arbitrator refuses to act or is incapable of acting or dies and the sub- mission does not show that it was intended that the vacancy should not be supplied and the parties or arbitrators do not supply the vacancy ; any party may serve the other parties or the arbitrators as the case may be with a written notice to appoint- an arbi- trator, umpire or third arbitrator. If the appointment is not made within seven clear days after the service of the notice the court or a judge may on application by the party who gave the notice appoint an arbitrator, umpire or third arbitrator who shall have the like powers to act in the reference and make an award as if he had been appointed by consent of all parties. N.W.T., c. 35, s. 6. 7. Where a submission provides that the reference shall Appointment be to two arbitrators one to be appointed by each party where two*°'^^' then unless the submission expresses a contrary intention — required. 1. If either of the appointed arbitrators refuses to act or is incapable of acting or dies the party who appointed him may appoint a new arbitrator in his place ; 2. If on such reference one party fails to appoint an arbi- trator either originally or by way of substitution as afore- said for seven clear days after the other party having appointed his arbitrator has served the party making de- fault with notice to make the appointment the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference and his award shall be binding on both parties as if he had been appointed by consent : 21J— Y. o. 324 Cap. 32 CONSOLIDATED ORDINANCES CO. Provided that the court or a judge may set appointment made in pursuance of this section. 35, s. 1. aside any N.W.T., c. Powers of arbitrator. 8. The arbitrators or umpire acting under a submission shall unless the submission expresses a contrary intention have a power : 1. To administer oaths to or take the affirmations of the parties and witnesses appearing ; and 2. To state an award as to the whole or part thereof in the form of a special case for the opinion of the court; and 8. To correct in an award any clerical mistake or error arising from any accidental slip or omission N.W.T., c. 35, s. 8. Summoning of witnesses. ©• For the purpose of procuring the attendance of a witness at an arbitration any party to a submission may sue out a writ of subpoena ad testificandum or a writ of subpcsna duces tecum but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action. (2) Such writs may be obtained from any clerk of the court or deputy clerk of the court on payment of the fees prescribed in The Judicature Ordinance. N.W.T., c. 35, s. 9. Enlargement of time for award. lO. The time for making an avvard may from time to time be -enlarged by order of the Court or a judge whether the time for making an award has expired or not. N.W.T., c. 35, s. 10. Reconsidera- tion by arbitrator. In all cases of reference to arbitration the Court or a may from time to time remit the matters referred or 11. judge any of them to the reconsideration of tlie arbitrators or umpire ; (2) Where an award is remitted the arbitrators or umpire shall unless the order otherwise directs make their award within six weeks after the date of the order. N.W.T., c. 35, s. 11. Misconduct of arbitrator. Setting aside award. 12. "Where an arbitrator or umpire has misconducted himself the Court or a judge may remove him. (2) "Where an arbitrator or umpire has misconducted him- self or an arbitration or award has been improperly procur- ed the Court may set the award aside. N."W.T., c. 35, s. 12 of°iwarT^°' 13. An award on a submission may by leave of the Court or a judge be enforced in the same manner as a judgment or order to the same eiFect. N."W.T., c. 35, s. 11. GENERAL. Attendance 14. The Oourt Or a judge may order that a writ of sub- ■o witness pcgj^a ^^ testificandum or of subpoena duces tecum shall issue 1902 ARBITRATION Cap. 32 326 to compel the attendance before an official or special referee before referee or before any arbitrator or umpire of a witness wherever he °'' ^'■^'*'^**°''- may be within the Territory. (2) The Court or a judge may also order that a writ of habeas corpus ad testificandum shall issue to bring up a pris- oner for examination before an official or special referee or before any arbitrator or umpire. N.W.T., c. 35, s. 14. 15. Any referee, arbitrator or umpire may, at any stage Special case of the proceedings under a reference, and shall if so directed of'court'™ by the Court or a judge state in the form of a special case for the opinion of the Court any question of law arising in the course of the reference. N.W.T., c. 35, s. 15. 16. Any order made under this Ordinance may be made Costs. on such terms as to costs or ot herwise as the authority mak- ing the order thinks just. N.W.T., c. 35, s. 16. IT. Whenever it is directed by any Ordinance that any Directions for party or parties shall proceed to the appointment of arbitra- arbitration'.to tors or appoint arbitrators as provided by this Ordinance or submfsdon, that any party or parties sl\all proceed to arbitration under this Ordinance or any similar direction shall be made with respect to arbitration under this Ordinance such direction shall be deemed a submission. N.W.T., c. 35, s. lY. SCHEDULE. {a ) If no other mode of reference is provided the reference q^^^i^ shall be to a single arbitrator. arbitrator. (b.) If the reference is to two arbitrators the two arbitra- umpire, tors may appoint an umpire at any time within the period during which they have power to make an award. (c.) The arbitrators shall make their award in writing Time and within six weeks after entering on the reference or after ^^^l'^ °^ having been called on to act by notice in writing from any party to the submission or on or before any later day to which the arbitrators by any writing signed by them may from time to time enlarge the time for making the award. (d.) If the arbitrators have allowed their time or extended Arbitrators time to expire without making an award or have delivered "mplretoTct. to any party to the submission or to the umpire a notice in writing stating that they cannot agree the umpire may forthwith enter on the reference in lieu of the arbitrators. (e.) The umpire shall make his award within one month Tmie^for after the original or extended time appointed for making ^ward? ^ the award of the arbitrators has expired or on or before any later day to which the umpire by any writing signed by 326 Cap. 32 CONSOLIDATED ORDINANCES 0.0. Examination of parties. Production of papers. Oath or aiSrmation. Finality of award. Costs of reference. him may from time to time enlarge the time for making his award. (/.) The parties to the reference and all persons claiming through them respectively shall subject to any legal objec- tion-submit to be examined by the arbitrators or umpire on oath or affirmation in relation to the matters in dispute and shall subject as aforesaid produce before the arbitrators or umpire all books, deeds, papers, accounts, writings and documents within their possession or power respectively which may be required or called for and do all other things which during the proceedings on the reference the arbitra- tors or umpire requires. (g-.) The witnesses on the reference shall if the arbitrators or umpire thinks fit be examined on oath or affirmation. (A.) The award to be made by the umpire or arbitrators shall be final and binding on the parties and the persons claiming under them respectively. (i.) The costs of the reference and award shall be in the discretion of the arbitrators or umpire who may direct to and by whom and in what manner the costs or any part thereof shall be paid and may tax or settle the amount of frost's to be so paid or any part thereof. N.W.T., c. 35. 1902 ACOIDBNTS BY FIRE Cap. 33 327 CHAPTER 33. An Ordinance respecting the Investigation of Ac- cidents by Fire. 1. Any justice of the peace may subject to the provisions Magistrate hereinafter contained institute an inquiry into the cause or ?™ppwered to origin of any fire and whether it was kindled by design or caus^of fiies. was the result of negligence or accident and act according to the result of such inquiry. N.W.T., c. 36, s. 1. 2. No justice of the peace shall institute an inquiry into No inquiry to the cause or origin of any such fire until a sworn statement ^^ reasonable* in writing has been made before him that there is reason- suspicion. able suspicion that such fire was the result of culpable or negligent conduct or design or occurred under such circum- stances as in the interests of justice and for the due pro- tection of property require an investigation. N.W.T., c. 36, s. 2. *$. For the purpose of any inqury under this Ordinance Examination such justice of the peace shall summon and bring before °* ^it"^^^**^- him all persons whom he deems capable of giving infor- mation or evidence touching or concerning such fire and shall examine such persons on oath and' shall reduce their examinations to writing and return the same to the Com- missioner. N.W.T., c. 36, s. 3. 4. If any person having been duly summoned as a witness Penalty for to give evidence upon any such inquiry does not after being a°w1tne"s.'"^ openly called three times appear and give evidence at such inquiry the justice of the peace shall be empowered to impose upon the person so making default such fine as he thinks fit not exceeding $10 ; and such justice of the peace shall make out and sign a certificate containing the name, residence, trade or calling of such person together with the amount of the fine imposed and the cause of such fine and shall cause a copy of such certificate to be served on the person so fined personally or by leaving it at his residence within seven days after holding such inquiry and if the same is not paid within the space of seven days after such certificate has been served as aforesaid a warrant of distress shall be issued by the justice of the peace to be levied on he goods and chattels of such offender and in default of 328 Cap. 33 consolidated okdinances 0. 0. such distress or if such distress proves insufficient such justice of the peace may commit the offender to prison for any term not exceeding twenty-one days. N.W.T., c. 36, s. 4. Justice may 5. If upon such investigation, it is made to appear to the caiismg^fire. Satisfaction of the justice of the peace before whom such investigation is held, that any such fire was caused by the culpable or negligent conduct of any person, he shall have power to summon such person before him, and, upon sum- mary conviction, to impose upon such person a fine not exceeding $500.00 and costs, including those of the invest- igation, to be allowed upon the same scale as on a summary conviction. No. 2 of 1900, s. 3. 329 TITLE IV. RELATING TO REAL PROPERTY. CHAPTER 34. An Ordinance Respecting Land held by two or more Persons. 1" Whenever by any letters patent, transfer, conveyance, Owners to assurance, vpill or other assignment land or any interest in hoWastenants land is granted, transferred, conveyed, assigned or devised unless to two or more persons other than executors or trustees in JJJherwise fee simple or for any less estate legal or equitable such persons shall take as tenants in common and not as joint tenants unless an intention sufficiently appears on the face of such letters patent, conveyance, assurance, will or other assignment that they take as joint tenants. N.W.T., c. B1, s. 1. 330 TITLE V. RELATING TO MERCANTILE LAW. CHAPTER 35. An Ordinance respecting the Sale of Goods. SHORT TITLE. Short title. !• This Ordinance may be cited as •' The Sale of Goods Ordinance:' N.W.T., c. 39, s. 1. INTERPRETATION. Interpretation 2. In this Ordinance unless the context or subject matter otherwise requires : {a.) " Action " includes counterclaim and set off; (b.) " Buyer " means a person who buys or agrees to buy goods ; (c.) " Contract of sale " includes an agreement to sell as well as the sale ; {d.) " Delivery " means voluntary transfer of p^osses- sion from one person to another ; (e.) " Document of title to goods " has the same mean- ing as it has in The Factors' Ordinance ; if.) " Factors' Ordinance " means The Factors' Ordinance and any enactment amending or substituted for the same ; (g.) " Fault " means wrongful act or default ; (h.) " Future goods " means goods to be manufactured or acquired by the seller after the making of the contract of sale ; (i.) " Goods " includes all chattels personal other than things in action or money. The term includes im- plements, industrial growing crops and things 1902 SALE OF GOODS Cap. 35 331 attached to or forming part of the land which are agreed to be severed before sale or under the con- tract of sale ; (?.) " Property " means the general property in goods and not merely a special property ; (k.) " Quality of goods " includes their state or condi- tion. (/.) " Sale " includes a bargain and sale as well as a sale and delivery ; {m.) " Seller " means a person who sells or agrees to sell goods ; (n.) " Specific goods " means goods identified and agreed upon at the time a contract of sale is made ; (o.) " Warranty " means an agreement with reference to goods which are the subject of a contract of sale but collateral to the main purpose of such contract, the breach of which gives rise to a claim for dam- ages but not to a right to reject the goods and treat the contract as repudiated. (2.) A thing is deemed to be done " in good faith " with- in the meaning of this Ordinance when it is in fact done honestly whether it is done negligently or not. (3.) A person is deemed to be insolvent within the mean- ing of this Ordinance who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due. (4.) Groods are in a " deliverable state" within the mean- ing of this Ordinance when they are in such a state that the buyer would under the contract be bound to take deli- very of them. N.W.T., c. 39, s. 2. PAET I. FORMATION OF THE CONTRACT. Contract of Sale. 3. A contract of sale of goods is a contract whereby the saie and seller transfers or agrees to transfer the property in goods agreement to the buyer for a money consideration called the price. There may be a contract of sale between one part owner and another. • (2.) A contract of sale may be absolute or conditional. (3.) Where under a contract of sale the property in the goods is transferred from the seller to the buyer the con- tract is called a sale ; but where the transfer of the property in the go,ods is to take place at a future time or subject to some condition thereafter to be fulfilled the contract is called an agreement to sell. 332 Cap. 35 CONSOLIDATED ORDINANCES CO. (4.) An agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred. IJT.W.T., c. 89, s. 3. Capacity to buy and sell. Proviso. 4. Capacity to buy and sell is regulated by the general law concerning capacity to contract and to transfer and acquire property. Pro nded that where necessaries are sold and delivered to an infant or minor or to a person who by reason of mental incapacity or drunkenness is incompetent to contract he must pay a reasonable price therefor. " Necessaries " in this section means goods suitable to the condition in life of such infant or minor or other person and to his actual require- ments at the time of the sale and delivery. N."W.T., c. 39, s. 4. Contract of sale, how made. Proviso. Contract of sale for $50 and upwards. Formalilips of the. Contract. 5. Subject to the provisions of this Ordinance and, of any Ordinance in that behalf a contract of sale may be made in writing (either with or without seal) or by word of mouth or partly in writing and partly by word of mouth or may be implied from the conduct of the parties : Provided that nothing in this section shall affect the law relating to corporations. N.W.T., c. 39, s. 5. 6. A contract for the sale of any goods of the value of- fifty dollars or upwards shall not be enforceable by action unless the buyer accepts part of the goods so sold and actually receives the same or gives something in earnest to bind the contract or in part payment or unless some note or memorandum in writing of the contract is made and signed by the party to be charged or his agent in that behalf. (2) The provisions of this section apply to every such contract notwithstanding that the goods may be intended to be delivered at some future time or may not at the time of such contract be actually made, procured or provided or fit or ready for delivery or some act is requisite for the making or completing thereof or rendering the same fit lor delivery. (3) There is an acceptance of goods within the meaning of this section when the buyer does any act in relation to the goods which recognizes a pre-existing contract of sale whether there is an acceptance in performance of the con- tract or not. N.W.T., c. 39, s. 6. Existing or future goods. Subject matter of Contract. '7. The goods which form the subject of a contract of sale may be either existing goods owned or possessed by the 1902 SALE OF GOODS Cap. 35 333 seller or goods to be manufactured or acquired by the seller after the making of the contract of sale, in this Ordinance called " future goods." (2.) There may be a contract for the sale of goods the acquisition of which by the seller depends upon a contin- gency which may or may not happen (3.) Where by a contract of sale the seller purports to effect a present sale of future goods the contract operates as an agreement to sell the goods. N.W.T., c. 39, s. Y. 8. Where there is a contract for the sale of specific goods Goods which and the goods without the knowledge of the seller have ^^"^ pfrished. -perished at the time when the contract is made, the contract is void. N.W.T., c. 39, s. 8. 9. Where there is an agreement to sell specific goods and Goods subsequently the goods without any fault on the part of before'sSe the seller or buyer perish before the risk passes to the buyer but after the agreement is thereby avoided. N.W.T., c. 39, s. 9. toslii!'^"* The Price. 10. The price in a contract of sale may be fixed by the Asoertain- contract or may be left to be fixed in manner thereby agreed ™®"* °^ P"*^*^' or may be determined by the course of dealing between the parties. (2.) Where the price is not determined in accordance with the foregoing provisions the buyer must pay a reasonable price. What is a reasonable price is a question of fact dependent on the circumstances of each particular case. N.W.T., c. 39, s. 10. 11- Where there is an agreement to sell goods on the Agreement terms that the price is to be fixed by the valuation of a third to sell at party and such third party cannot or does not make such valuation the agreement is avoided : Provided that if the goods or any part thereof have been delivered to and appropriated by the buyer he must pay a reasonable price therefor. (2.) Where such third party is prevented from making the valuation by the fault of the seller or buyer, the party not in fault may maintain an action for damages against the party in fault. N.W.T., c. 39, s. 11. Conditions and Warranties. 12- Unless a different intention appears from the terms stipulations of the contract stipulations as to time of payment are not ^^ *° ti'^e. deemed to be of the essence of a contract of sale. Whether any other stipulation as to time is of the essence of the con- tract or not depends on the terms of the contract. 334 Cap. 35 CONSOLIDATED ORDINANCES 0.0. When condition to be treated as warranty. (2.) In a contract for sale "month" means prima facie calendar month. N.W.T,, c. 39, s. 12. 13. "Where a contract or sale is subject to any condition to be fulfilled by the seller the buyer may waive the condi- tion or may elect to treat the breach of such condition as a breach of warranty and not as a ground for treating the contract as repudiated. (a) Whether a stipulation in a contract of sale is a con- dition the breach of which may give rise to a right to treat the contract ae repudiated or a warranty the breach of which may give rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated depends in each case on the construction of the contract. A stipu- lation may be a condition though called a warranty in the contract. {h) Where a contract of sale is not severable and the buyer has accepted the goqds or part thereof or where the contract is for specific goods the property in which has passed to the buyer, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated unless there is a term of the contract expressed or implied to that effect. (2.) Nothing in this section shall effect the case of any condition or warranty fulfillment of which i& excused by law by reason of impossibility or otherwise. N.W.T., c. 39, s. 13. Implied undertaking as to title, etc. Sale by description. 14. In a contract of sale unless the circumstances of the contract are such as to show a different intention there is : 1. An implied condition on the part of the seller that in the case of a sale he has a right to sell the goods and that in the case of an agreement to sell he will have a right to sell the goods at the time when the property is to pass ; 2 An implied warranty that the buyer shall have and enjoy quiet possession of the goods ; 3. An implied warranty that the goods shall be free from any charge or encumberance in favour of any third party not declared or known to the buyer before or at the time when the contract is made. N. W.T., c. 39, s. 14. 15. When there is a contract for the sale of goods by description there is an implied condition that the goods shall correspond with the~description ; and if the sale be by sample as well as by description it is not sufiicient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description. N.W.T., c. 39, s. 15. 1902 SALE OF GOODS Cap. 35 335 16. Subject to the provisions of this Ordinance and of implied any Ordinance in that behalf there is no implied warranty a°"to'quaUty or condition as to the quality or fitness for any particular ™' fitaess. purpose of goods supplied under a contract of sale except as follows : , ^^i^^ 1. "Where the buyer expressly or by implication makes known to the seller the particular purpose for which the goods are required so as to show that the buyer relies on the sellers skill or judgment and the goods are of a descrip- tion which it is in the course of the seller's business to sup- ply (whether he be the manufacturer or not) there is an implied condition that the goods shall be reasonably fit for such purpose : Provided that in the case of a contract for the sale of a specified article under its patent or other trade name there is no implied condition as to its fitness for any particular purpose ; 2. Where goods are bought by description from a seller who deals in goods of that description (whether he is the manufacturer or not) there is an implied condition that the goods shall be of merchantable quality : Provided that if the buyer has examined the goods there shall be no implied condition as regards defects which such examination ought to have revealed ; 3. An implied warranty or condition as to quality or fit- ness for a particular purpose may be annexed by the usage of trade ; 4. An express warranty or condition does not negative a warranty or condition implied by this Ordinance unless inconsistent therewith. N.W.T., c. 89, s. 16. Sale by Sample. 17. A contract of sale is a contract for sale by sample Sale by where there is a term in the contract express or implied to ^^^^ ^' that effect. (2.) In a case of a contract for sale by sample : (a.) There is an implied condition that the bulk shall correspond with the sample in quality ; (6.) There is an implied condition that the buyer shall have a reasonable opportunity of comparing the bulk with the sample ; (c.) There is an implied condition that the goods shall be free from any defect rendering them unmer- chantable which would not be apparent on reason- able examination of the sample. N.W.T., c. 39, s. 1'7. 336 Cap. 85 consolidated ordinances PAET II. CO. EFFECTS OF THE CONTRACT. Transfer of Property as between Seller and Buyer. Goodsmustbe !*• Where there is a contract for the sale of unascer- asoertained. tained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained. N.W.T., c. 39, s. 18. Property passes when intended to pass. Rules for ascertaining intention. 19. Where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the contract intended it to be transferred. (2) For the purpose of ascertaining the intention of the parties regard shall be had to the terms of the contract, the conduct of the parties and the circumstances of the case. N.W.T., c. 39, s. 19. 20. Unless a different intention appears the following are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer : Rule I. — Where there is an unconditional contract for the sale of specific goods in a deliverable state the property in the goods passes to the buyer when the contract is made and it is immaterial whether the time of payment or the time of delivery or both be postponed. Rule II. — Where there is a contract for the sale of spe- cific goods and the seller is bound to do something to the goods for the purpose of putting them into a deliverable state the property does not pass until such thing be done and the buyer has notice thereof. Rule III. — Where there is a contract for the sale of specific goods in a deliverable state but the seller is bound to weigh, measure, test or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until such act or thing is done and the buyer has notice thereof. Rule IV. — When goods are delivered to the buyer on approval or " on sale or return" or other similar terms the property therein passes to the buyer. 1902 SALE OF GOODS Cap. 35 SB*1 (a.) When he signifies his approval or acceptance to the seller or does any other act adopting the transaction ; (b.) If he does not signify his approval or acceptance to the seller but retains the goods without giv- ing notice of rejection then if a time has been fixed for the return of the goods, on the expira- tion of such time ; and, if no time has been fixed, on the expiration of a reasonable time. What is a reasonable tim.e is a question of fact. Rule F.— Where there is contract for the sale of unas- certained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract either by the seller with the assent of the buyer or by the buyer with the assent of the seller the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied and may be given either before or after the appropriation is made; (2.) Where in pursuance of the contract the seller delivers the goods to the buyer or to a carrier or other bailee or custodier (whether named by the buyer or not) for the purpose of transmission to the buyer and does not reserve the right of dis- posal he is deemed to have unconditionally appropriated the goods to the contract. N.W.T., c. 39, s. 20. 31. Where there is a contract for the sale of specific Reservation goods or where goods are subsequently appropriated Lo the dLprjs'ai."* contract the seller may by the terms of the contract or appropriation reserve the right of disposal of the goods until certain conditions are fulfilled. In such case, not- withstanding the delivery of the goods to the buyer or to a carrier or other bailee or custodier for the purpose of trans- mission to the buyer, the property in the goods does not pass to the buyer until the conditions imposed by the seller are fulfilled. (2.) Where goods are shipped and by the bill of lading the goods are deliverable to the order of the seller or his agent the seller is prima facie deemed to have the right of disposal. (3.) Where the seller of goods draws on the buyer for the price and transmits the bill of exchange and bill of lading to the buyer together to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honour the bill of exchange and if he wrongfully retains the bill of lading the property in the goods does not pass to him. N.W.T., c. 39, s. 21. 22— Y. o. 338 Cap 35 consolidated oedinances C. 0. 'Risk prima 22. Unless otherwise agreed the goods remain at the mth property. Seller's risk until the property therein is transferred to the buyer but when the property therein is transferred to the buyer the goods are at the buyer's risk whether delivery has been made or not : Provided tha£ where delivery has been delayed through the fault of either buyer or seller the goods are at the risk of the party in fault as regards ^ny loss which might not have occurred but for such fault : Provided also that nothing in this section shall affect the duties or liabilities of either seller or buyer as a bailee or custodier of the goods of the other party. N.W.T., c. 39, s. 22. Transfer of Title. Sale by person 23. Subject to the provisions of this Ordinance, where not owne goods are sold by a person who is not the owner thereof and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell. Provided also that nothing in this Ordinance shall affect : (a.) The provisions of The Factors' Ordinance or any enactment enabling the apparent owner of goods to dispose of them as if he were the true owner thereof; (b.) The validity of any contract or sale under any special common law or statutory power of sale or under the order of a court of competent jurisdiction. N.W.T., c. 39, s. -I'd. Sale under 24. When the seller of goods has a voidable title thereto voidable title. ^^^ j^jg ^i^-^g ^^^ j^^^ ^^^^ Voided at the time of sale the buyer acquires a good title to the goods provided he buys them in good faith and without notice of the seller's defect of title. N.W.T., c. 39, s. 24. Seller or buyer ^^' Where a person having sold goods continues or is i"t?rS'°" in possession of the goods or of the documents of title to the goods the delivery or transfer by that person or by a mercantile agent acting for him, of the goods*or documents of title under any sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer was expressly authorized by the owner of the goods to make the same. (2) When a person haA'ing bought or agreed to buy goods obtains with the consent ofthe seller possession of the goods or the documents of title to the goods, the delivery or transfer to that person or by a mercantile agent acting for him of the goods or documents of title under any sale, pledge 1902 SALE OF GOODS Cap. 36 339 or other disposition thereof to any person receiving the same in good faith and without notice of any lien or other right of the original seller in respect of the goods shall have the same effect as if the person making the delivery or transfer were a mercantile agent in possession of the goods or documents of title with the consent of the owner. (3) In this section the term " mercantile agent " has the same meaning as in The Factor's Ordinance. N.W.T., c. 39, s. 25- PART III. Performance of the Contract. 26. It is the duty of the seller to deliver the goods and of Duties of the buyer to accept and pay for them in accordance with ^u^er^"'' the terms of the contract of sale- N.W.T., c. 89, s. 26. "''^''' 2T. Unless otherwise agreed delivery of the goods and Payment and payment of the price are concurrent conditions ; that is to eoncurrent^^ say, the seller must be ready and willing to give possession ocnditions. of the goods to the buyer in exchange for the price and the buyer must be ready and willing to pay the price in ex- change for possession of the goods. N.W.T., c. 39, s. 27. 28. Whether it is for the buyer to take possesion of the Rules as to goods or for the seller to send them to the buyer is a ques- •^^'^^^^'y- tion depending in each case on the contract express or im- plied between the parties. Apart from any such contract expressed or implied the place of delivery is the seller's place of business if he has one and, if not, his residence : Provided that if the contract be for the sale of specific goods which to the knowledge of the parties when the con- tract is made are in some other place, then that place is the place of delivery. (2) Where under the contract of sale the seller is bound to send the goods to the buyer but no time for sendingthem is fixed the seller is bound to send them within a reaso- nable time. (3) Where the goods at the time of the sale are in posses- sion of a third person there is no delivery by seller to buyer unless and until such third person acknowledges to the buyer that he holds the goods on his behalf : Provided that nothing in this section shall affect the operation of the issue or transfer of any document of title to goods. (4) Demand or tender of delivery may be treated as inef- fectual unless made at a reasonable hour. What is a reason- able hour is a question of fact. 22^— T. o. 340 Cap. 35 CONSOIilDATED OEDINA.NCES C. 0. Delivery of wrong quantity. Instalment deliveries. Delivery to carrier. (5) Unless otherwise agreed the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller. N.W.T., c. 39, s. 28. 29. "Where the seller delivers to the buyer a quantity of goods less than he contracted to sell the buyer may reject them but if the buyer accepts the goods so delivered he must pay for them at contract rate. (2) Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell the buyer may accept the goods included in the contract and reject the rest or he may reject the whole. If the buyer accepts the whole of the goods so delivered he must pay for them at the" contract rate. (3) Where the seller delivers to the buyer goods he con- tracted to sell mixed with goods of a diflEerent description not included in the contract, the buyer may accept the goods which are in accordance with tVe contract and reject the rest or he may reject the whole. (4) The provisions in this section are subject to any usage of trade, special agreement or course of dealing between the parties. N.W.T., c. 39, s. 29. 30. Unless otherwise agreed the buyer of goods is not bound to accept delivery thereof by instalments. (2) Where there is a contract for the sale of goods to be delivered by stated instalments which are to be separately paid for and the seller makes defective deliveries in respect of one or more instalraents or the buyer neglects or re- fuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract and the circumstances of the case whether the breach of contract is a repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensation but not to aright to treat the whole contract as repudiated. N.W.T., c. 39, s. 30. 31. Where in pursuance of a contract of sale the seller is authorized or required to send the goods to the buyer deli- very of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is prima facie deemed to be a delivery of the goods to the buyer. (2) Unless otherwise authorized by the buyer the seller must make such contract with the carrier on behalf of the buyer as may be reasonable having regard to the nature of the goods and the other circumstances of the case. If the seller omits so to do and the goods are lost or damaged in ' course of transit the buyer may decline to treat the delivery to the carrier as a delivery to himself or may hold the seller responsible in damages. (3) Unless otherwise agreed where goods are sent by the seller to the buyer by a route involving sea transit under 1902 SALE OF GOODS Cap. 35 341 circumstances in which it is usual to insure, the seller must give such notice to the buyer as may enable him to insure them during their seatransit and if the seller fails to do so the goods shall be deemed to be at his risk during such sea transit. N.W.T,, c. 39, s. 31. Sa. "Where the seller of goods agrees to deliver them at Risk where his own risk at a place other than that where they are ^"uvered at when sold the buyer must nevertheless unless otherwise distant place. agreed take any risk of deterioration in the goods neces- sarily incident to the course of transit. N.W.T., c. 39, s. 32. 33. Where goods are delivered to the buyer which he Buyer's right has not previously examined he is not deemed to have goods^"""'"^ accepted them unless and until he has had a reasonable opportunity of examining them for the purjiose of ascer- taining whether they are in conformity with the contract. (2.) Unless otherwise agreed when the seller tenders delivery of goods to the buyer he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract. N.W;T., c. 39, s, 33. 34. The buyer is deemed to have accepted the goods Acceptance, when he intimates to the seller that he has accepted them or when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller or when after the lapse of a reason- able time he retains the goods without intimating to the seller that he has rejected them. N.'W.T.. c. 39, s. 34. 35. Unless otherwise agreed where goods are delivered Buyer not to the buyer and he refuses to accept them, having the '^°^^^ *° right so to do, he is not bound to return them to the seller rejected goods but it is sufficient if he intimates to the seller that he refuses to accept them. N.W.T., c. 39, s. 35. 36. "When the seller is ready and willing to deliver the Liability of goods and requests the buyer to take delivery and the ^"If/J-J^^ q^. buyer does not within a reasonable time after such request refusing take delivery of the goods, he is liable to the seller for any gooir^ °* loss occasioned by his neglect or refusal to take delivery and also for a reasonable charge for the care and custody of the goods : Provided that nothing in this section shall affect the rights of the seller where the neglect or refusal of the buyer to take delivery amounts to a repudiation of the con- tract. N."W.T., c. 39, s. 36. 342 Cap. 35 consolidated ordinances 0. 0. PART IV. Rights of Unpaid Seller against the Goods. Unpaid seller 37. The Seller of the goods is deemed to be an " unpaid defined. seller " within the meaning of this Ordinance — (a.) When the whole of the contract price has not been paid or tendered ; {b.) When a bill of exchange or other negotiable instru- ment has been received as conditional payment and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise. (2.) Jn this part of this Ordinance the term " seller " includes any person who is in the position of a seller, as for instance an agent of the seller to whom the bill of lading has been indorsed or a consigner or agent who has him- self paid or is directly responsible for the price. N.W.T., c. 39, s.m. Unpaid **• Subject to the provisions of this Ordinance and of seller's rights, any Ordinance in that behalf, notwithstanding that the property in the goods may have passed to the buyer the unpaid seller of goods as such has by implication of law — (a.) A lien on the goods or right to retain them for the price while he is in possession of them ; (b.) In the case of the insolvency of the buyer a right of stopping the goods in transitu after he has parted with the possession of them ; (c ) A right of resale as limited by this Ordinance. (2.) Where the property in goods has not passed to the buyer the unpaid seller has in addition to his other reme- dies a right of withholding delivery similar to and coexten- sive with his rights of lien and stoppage in transitu where the property has passed to the buyer. N.W.T., c. 39, s. 38. Unpaid Seller's Lien. Seller's lien. ^^' Subject to the provisions of this Ordinance the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or ten- der of the price, in the following cases, namely : (a ) Where the goods have been sold without any stipu- lation as to credit ; (b.) Where the goods have been sold on credit but the term of credit has expired ; (c.) Where the buyer becomes insolvent. (2.) The seller may exercise his right of lien notwith- standing that he is in possession of the goods as agent or bailee for the buyer. N.W.T., c. 39, s. 39. ^902 ■ SALE OF GOODS Cap. 35 343 40. Where an unpaid seller has made part delivery of Part delivery. the goods he may exercise his right of lien or retention on the remainder unless such part delivery has been made under such circumstances as to shovs^ an ageeement to waive the lien or right of retention. N.W.T., c. 39, s. 40. 41. The unpaid seller of goods loses his lien or right of Termination retention thereon — °* ''®"- (a.) "When he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the right of disposal of the goods ; (b.) When the buyer or his agent lawfully obtains pos- session of the goods ; (c.) By waiver thereof. (2.) The unpaid seller of goods having a lien or right of retention thereon does not lose his lien or right of retention by reason only that he has obtained judgment or decree for the price of the goods. N.W.T., c. 39, s. 41. Stoppage in Transitu. 42. Subject to the provisions of this Ordinance when Right of the buyer of goods becomes insolvent the unpaid seller who stoppage has parted with the possession of the goods has the right of stopping them in transitu that is to say he may resume possession of the goods as long as they are in course of transit and may retain them until payment or tender of the price. N.W.T., c. 39, s. 42. 43. Groods are deemed to be in course of transit from the Duration of time when tbey are delivered to a carrier, by land or water, transit. or other bailee for the purpose of transmission to the buyer, until the buyer or his agent in that behalf takes delivery of them from such carrier or other bailee. (2.) If the buyer or his agent in that behalf obtains delivery of the goods before their arrival at the appointed destination the transit is at an end. (3.) If after the arrival of the goods at the appointed des- tination the carrier or other bailee acknowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee for the buyer or his agent the transit is at an end and it is im- material that a further destination for the goods may have been indicated by the buyer. (4.) If the goods are rejected by thei buyer and the carrier or other bailee continues in possession of them the transit is not deemed to be at an end even if the seller has refused to receive them back. (5.) When goods are delivered to a ship chartered by the uyer it is a question depending on the circumstances of 344 Cap. 35 CONSOLIDATED ORDINANCES CO. the particular case whether they arc in the possession of the master as a carrier or as agent to the buyer. (6.) Where the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent in that behalf the transit is deemed to be at an end. (7) Where part delivery of the goods has been made to the buyer or his agent in that behalf the remainder of the goods may be stopped in transitu unless such part delivery has been made under such circumstances as to show an agreement to give up possession of the whole of the goods. N.W.T., c. 39, s. 43. How stoppage 44. The unpaid seller may exercise his right of stoppage effeotol*'" *** transitu either by taking actual possession of the goods or by giving notice of his claim to the carrier or other bailee in whose possession the goods are. Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice to be effectual must be given at such time and under such circumstances that the principal by the exercise of reason- able diligence may communicate it to his servant or agent in time to prevent a delivery to the buyer. (2 ) When notice of stoppage in transitu is given by the seller to the carrier or other bailee in possession of the goods he must redeliver the goods to or according to the direction of the seller. The expenses of such redelivery must be borne by the seller. N.W.T., c. 39, s. 44. Effect of subsale or pledge by buyer. Sale not generally rescinded by Hen or stoppage in transitu. Resale by Buyer or Seller. 45. Subject to the provisions of this Ordinance the unpaid seller's right of lien or retention or stoppage in transitu is not affected by any sale or other disposition of the goods which the buyer may have made unless the seller has assented thereto : Provided that where a document of title of goods has been lawfully transferred to any person as buyer or owner of the goods and that person transfers the document to a person who takes the document in good faith and for valuable consideration then if such last mentioned tranfer was by way of sale, the unpaid seller's right of lien or retention or stoppage in transitu is defeated and if such last mentioned transfer was by way of pledge or other dis- position for value the unpaid seller's right of lien or reten- tion or stoppage in transitu can only be exercised subject to the rights of the transferee. N.W.T., c. 39, s. 45. 'iG. Subject to the provisions of this section a contract of sale is not rescinded by the mere exercise by an unpaid seller of his right of lien or retention or stoppage in transitu. 1902 SALE OF GOODS Cap. 35 345 (2 ) Where an unpaid seller who has exercised his right of lien or retention or stoppage in transitu resells the goods the buyer acquires a good title thereto ap against the original buyer ; (3.) Where the goods are of a perishable nature or where the unpaid seller gives notice to the buyer of his intention to resell and the buyer does not within a reasonable time pay or tender the price the unpaid seller naay resell the goods and recover from the original buyer damages for any loss occasioned by his breach of contract. (4.) Where the seller expressly reserves a right of resale in case the buyer should make default and on the buyer making default resells the goods the original contract of sale is thereby rescinded but without prejudice to any claim the seller may have for damages. N.W.T., c. 39, s. 46. PART V. ACTIONS FOR BREACH OF THE CONTRACT. Remedies of the Seller. 47. When under a contract of sale the property in the Action for goods has passed to the buyer and the buyer wrongfully p"°®' neglects or refuses to pay for the goods according to the terms of the contract the seller may maintain an action against him for the price of the goods. (2.) Where under a contract of sale the price is payable on a day certain, irrespective of delivery, and the buyer wrong- fully neglects or refuses to pay such price the seller may maintain an action for the price although the property in the goods has not passed and the goods have not been appropriated to the contract. (3.) Nothing in this section shall prejudice the right of the seller to recover interest on the price from the date of tender of the goods or from the date on which the price was payable, as the case may be. N.W.T., c. 39, s. 47. 48. Where the buyer wrongfully neglects or refuses to Damages accept and pay for the goods the seller may maintain an acoe"p°anc6. action against him for damages for non-acceptance. (2.) The measure of damages is the estimated loss directly and naturally resulting in the ordinary course of events from buyer's breach of contract. (3.) Where there is an available market for the goods in question the measure of damages is prima facie to be ascer- tained by the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted or if no time was fixed 346 Cap. 35 consolidated oedinances 0. 0. for acceptance then at the time of the refusal to accept. N.W.T., c. 39, s. 48. Remedies of the Buyer. Damages for 49. Where the seller wrongfully neglects or refuses to non- e ivery. ^gjjygj. ^jj^g goods to the buyer the buyer may maintain an action against the seller for damages for non-delivery. (2.) The measure of damages is the estimated loss directly and naturally resulting in the ordinary course of events from the seller's breach of contract. (3.) Where there is an available market for the goods in question the measure of damages is prima facie to be ascer- tained by the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered or if no time was fixed then at the time of the refusal to deliver. N.W.T., c. 39, s. 49. Specific 50. In any action for breach of contract to deliver specific performance. ^^ ascertained goods the Court may if it thinks fit on the application of the plaintiff by its judgment or decree direct that the contract shall be performed specifically without giving the defendant the option of retaining the goods on payment of damages. The judgment or d,ecree may be unconditional or upon such terms and conditions as to damages, payment of the price and otherwise as to the Court seems just and the application by the plaintifi may be made at any time before judgmenr or decree. N.W.T., c. 39, s. 50. Remedy for 51. Where there is a breach of warranty by the seller or wammt°y. where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of war- ranty the buyer is not by reason only of such breach of warranty entitled to reject the goods ; but he may — (a.) Set up against the seller the breach of warranty in diminution or extinction of the price ; or (b ) Maintain an action against the seller for damages for the breach of warranty. (2.) The measure of damages for breach of warranty is the estimated loss directly and naturally resulting in the ordinary course of events from the breach of warranty. (3.) In the case of breach of warranty of quality such loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty. (4.) The fact that the buyer has set up the breach of warranty in diminution or extinction of the price does not prevent him from maintaining an action for the same breach of warranty if he has suffered further damage. N.W.T., c. 39, s. 51. 1902 SALE OF GOODS Cap. 35 34*7 52. Nothing in this Ordinance shall affect the right of interest and the buyer or" the seller to recover interest or special damages damages. in any case where by law, interest or special damages may be recoverable or to recover money paid where the con- sideration for the payment of it has failed. N. W.T., c. 89, s. 52. PAET VI. SUPPLEMENTARY, 53. Where any right, duty or liability would arise under Exclusion of a contract of sale by implication of law it may be negatived a™d oondSons or varied by express agreement or by the course of dealing between the parties or by usage if the usage be such as to bind both parties to the contract. N.W.T., c. 39, s. 53. 54. Where by this Ordinance any reference is made to a Reasonable reasonable time the question what is a reasonable time is a q™st?on question of fact. N.W.T., c. 39, s. 54. of fact. 55. "Where any right duty or liability is declared by this Rights, etc., Ordinance it may unless otherwise by this Ordinance pro- by action!^ vided be enforced by action. N W.T., c. 39, s. 55. 56. In the case of a sale by auction : Auction sales. 1. Where goods are put up for sale by auction in lots each lot is prima facie deemed to be the subject of a seperate contract of sale. 2. A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer or in other customary manner. Until such announcement is made any bidder may retract his bid. 3. Where a sale by auction is not notified to be subject to a right to bid on behalf of the seller it shall not be law- ful for the seller to bid himself or to employ any person to bid at such sale or for the auctioneer knowingly to take any bid from the seller or any such person. Any sale contrave- ning this rule may be treated as fraudulent by the buyer. 4. A sale by auction may be notified to be subject to a reserve or upset price and the right to bid may also be reserved expressly by or on behalf of the seller. Where a right to bid is expressly reserved, but not otherwise,^ the seller or any one person on his behalf may bid at the auction. N.W.T., c. 39, s. 56. 57. Where a buyer has elected to accept goods which he Payment into might have rei'ected and to treat a breach of contract as only breaciTof^" giving rise to a claim for damages he may in an action by warranty the seller for the price be required, in the discretion of the ^i'«g^<^- 348 Cap. 35 consolidated ordinances C, court before whicli the action depends, to consign or pay into court the price of the goods or part thereof or to give other reasonable security for the due payment thereof. N. W.T., c. 39,8.57. Existing laws 58. The rules of the common law including the law nxer- subjeothereto. chant save in so far as they are inconsistent with the express proTisions of this Ordinance and in particular the rules relating to the law of principal and agent and the effect of fraud, misrepresentation, duress or coercion, mistake or other invalidating cause shall continue to apply to contracts for the sale of goods. (2.) Nothing in this Ordinance shall affect the enactments relating to bills of sale or any enactment relating to the sale of goods which is not expressly repealed by this Ordi- nance. Mortgages or (3) The provisious of this Ordinance relating to contracts p e ges. ^£ g^2e do not apply to any transaction in the form of a con- tract of sale which is intended to operate by way of mort- gage, pledge, charge or other security. N.W.T., c. 39, s. 58. 1902 FACTORS Cap. 36 349 CHAPTER 36. An Ordinance respecting- Factors and Agents. SHOri TITLE. !• This Ordinance may be cited as " The Factors Ordi- Short title. nance." KW.T., c. 40, s. 1. INTEEPEETATION. 2. For the purposes of this Ordinance — interpretation 1 The expression "mercantile agent" means a mer- " Mercantile cantile agent having, in the customary course of his busi- "^^^^' ness as such agent, authority either to sell goods or to con- sign goods for the purpose of sale or to buy goods or to raise money on the security of goods ; 2. A person is to be deemed to be in possession of goods ■or of the documents of title to goods where the goods or documents are in his actual custody or are held by any other person subject to his control or for him or in his be- half; 3 The expression " goods " includes wares and mer- " Goods." chandise ; 4. The expression " document of title " includes any of^j™™^"* bill of lading, dock warrant, warehousekeeper's certificate or warrant or order for the delivery of goods and any other document used in the ordinary course of business as proof of the possession or control of goods or authorising or pur- porting to authorise either by indosement or delivery the possessor of the document to transfer or receive goods there- by represented ; 5. The expression "pledge" includes any contract "Pledge. " pledging or giving a lien or security on goods whether in consideration of an original advance or of any further or continuing advance or of any pecuniary liability ; 6. The expression " person " includes any body < f per- " Person. " sons corporate or incorporate. N.W.T., c. 40, s 2. DISPOSITIONS BY MERCANTILE AGEKTS. 3. Where a mercantile agent is, with the consent of the ^°^^^^^^.?,f owner, in possession of goods or of the documents of title to agents goods any sale, pledge or other disposition of the goods respecting ~__J. ',^ ~,. -n i- j?u: disposition made by him when acting m the ordinary course ot busi- of goods. 350 Cap. 36 CONSOLIDATED ORDINANCES C 0. ness of a mercantile agent shall subject to the provisions of this Ordinance be as valid as if he were expressly author- ized by the owner of the goods to make the same ; Provided that the person taking under the disposition acts in good faith and has not at the time of the disposition notice that the person making the disposition has not authority to make the same. (2.) Where a mercantile agent has, with the consent of the owner, been in possession of goods or of the documents of title to goods any sale, pledge or other disposition which would have been valid if the consent had continued, shall be valid notwithstanding the determination of the consent ; Provided that the person taking under the disposition has not at the time thereof notice that the consent has been determined. (3.) Where a mercantile agent has obtained possession of any documents of title to goods by reason of his being or having been with the consent of the owner in possession of the goods represented thereby or of any other documents of title to the goods his possession ot the first-mentioned documents shall for the purposes of this Ordinance be deemed to be with the consent of the owner. (4.) For the purposes of this Ordinance the consent of the owner shall be presumed in the absence of evidence to the contrary. N.W.T., c. 40, s, 3. Effect of pledge of documents of title. Pledge for antecedent debt. ■f. A pledge of the documents of title to goods shall be deemed to be a pledge of the goods. N.W.T., c. 40, s. 4. 5. Where a mercantile agent pledges goods as security for a debt or liability due from the pledgor to the pledgee before the time of the pledge, the pledgee shall acquire no further right to the goods than could have been enforced by the pledgor at the time of the pledge. N.W.T., c. 40, s. 5. Rights acquired by exchange of goods or documents. Agreements through clerks, etc. 6. The consideration necessary for the validity of a sale, pledge or other disposition of goods in pursuance of this Ordinance may be either a payment in cash or the delivery or transfer of other goods or of a document of title to goods or of a negotiable security or any other valuable considera tion ; but where goods are pledged by a mercantile agent in consideration of the deliver3'- or transfer of other goods or of a document of title to goods or of a negotiable security the pledgee shall acquire no right or interest in the goods so pledged in excess of the value of the goods, documents or security when so delivered or transferred in exchange. N.W.T., c. 40, s, 6. 7. For the purposes of this Ordinance an agreement made with a mercantile agent through a clerk or other person authorized in the ordinary course of business to make con- 1902 FACTORS Cap. 36 361 tracts of sale or pledge on his behalf shall be deemed to be an agreement with the agent. N.W.T., c. 40, s. 1. 8. Where the owner of goods has given possession of the Provision? as goods to another person for the purpose of consignment or to consi^ors sale or has shipped the goods in the name of another person ^'"^""''^'^^^ and the consignee of the goods has not had notice that such person is not the owner of the goods the consignee shall in respect of advances made to or for the use of such person have the same lien on the goods as if such person were the owner of the goods and may transfer any sufch lien to another person. (2.) Nothing in this section shall limit or affect the vali- dity of any sale, pledge or disposition by a mercantile agent. N.W.T., c. 40, s. 8. DISPOSITIONS BY BUYERS AND SELLERS OF GOODS. 9. "Where a person having sold goods continues or is in Di&position possession of the goods or of the documents of title to the ^^ *'®?'S'' . goods the delivery or transfer by that person or by a mer- possesion.'" cantile agent acting for him of the goods or documents of title under any sale, pledge or other disposition thereof or under any agreement for sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of the previous sale shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same. N.W.T., c. 40, s. 9. 10. Where a person having bought or agreed to , buy Disposition goods obtains with the consent of the seller possession of Jyj.^^j^?^'^ the goods or the documents of title to the goods, the possession. delivery or transfer by that person or by a mercantile agent acting for him of the goods or documents of title under any sale, pledge or other disposition thereof or under any agree- ment for sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of any lien or other right of the original seller in respect of the goods shall have the same effect as if the person making the delivery or transfer were a mercantile agent in posses- sion of the goods or documents of title with the consent of the owner. N.W.T., c. 40, s. 10. 11- Where a document of title to goods has been law- Effect of fully transferred to a person as buyer or owner of the goods doramants on and that person transfers the document to a person who vendor's lien takes the document in good faith and for valuable con- stoppage" sideration the last mentioned transfer shall have the same »« transitu. effect for defeating any vendor's lien or right of stoppage in transitu as the transfer of a bill of lading has for defeat- ing the right of stoppage in transitu. N W.T., c. 40, s. 11. 352 Cap. 36 CONSOLIDATED ORDINANCES SUPPLEMENTAL. CO. Mode of transferring documents. Liability of agent. Saving for rights of true owner. Saving for common law, powers of agent. 13. Fo: the purposes of this Ordinance the transfer of a document may be by indorsement or where the document is by custom or by its express terms transferable by delivery or makes the goods deliverable to the bearer then by delivery. N.W.T., c. 40, s. 12. 18. Nothing in this Ordin ance shall authorise an agent to exceed or depart from his authority as between himself and his principal or exempt him from any liability civil or cri- minal for so doing. (2.) Nothing in this Ordinance shall prevent the owner of goods from recovering the goods from an agent or assignee under an assignment for the benefit of creditors at any time before the sale or pledge thereof or shall prevent the owner of goods pledged by an agent from having the right to redeem the goods at any time before the sale thereof on satisfying the claim for which, the goods were pledged and paying to the agent, if by him required, any money in respect of which the agent would by law be entitled to re- tain the goods or the documents of title thereto or any of them by way of lien as against the owner or from recover- ing from any person with whom the goods havo been pledged any balance of money remaining in his hands as the produce of the sale of the goods after deducting the amount of his lien. (3.) Nothing in this Ordinance shall prevent the owner of goods sold by an agent from recovering from the buyer the price agreed to be paid for the same or any part of that price subject to any right of set-off on the part of the buyer against the agent. N.W.T., c. 40, s. 13. 14. The provisions of this Ordinance shall be construed in amplification and not in derogation of the powers exer- cisable bv an agent independently of this Ordinance. N.W.T., c. 40, s. 14. LIABILITY OF AOENT OF NON-RESIDENT PRINCIPAL. Person acting 15- Any One acting either as an agent, partner or otherwise SlEnkss'^^ in any trading, business or calling in the Yukon Territory, full name, etc. for Or ou behalf of any person, partnership, association or disclosed^''' Company, not having his or their principal place of business in the Yukon Territory, or not having a regular place of business in the Yukon Territory, is hereby declared to be and shall be held to be personally liable upon any contract, transaction or obligation whatsoever which may be entered into, made, or incurred in the Yukon Territory for, or in, the course of business, trade or calling of such person, part- nership, association or company, unless he or they have 1902 FACTORS Cap. 36 353 previously disclosed the full name and residence of such person, and if a partnership, the full names and residences of the partners composing said partnership, and if an asso- ciation or a company, the principal place of business of that association or company, by a declaration to be made, in all cases, to that afiect, and registered at the registration office according, or in addition to whatever may be already requi- red by any law or Ordinance in force in this Territory con- cerning the registration of trading, partnership, association or company. No. 32 of 1899, s. 1. 16. Upon any judgment obtained against any such person Execution acting as such agent, partner or otherwise, based upon a Igamst^"^ contract, transaction or obligation entered into, made or in- principal as curred for, or on behalf of any such person, partnership, "^ ^ ''^®"*' association or company ; execution may be issued upon and satisfied out of the assets of such person, agent or partner, as well as out of the assets of such person, partner, associa- tion or company. No. 32 of 1899, s. 2. 23— y. o. 354 Cap. 3Y CONSOLIDATED ORDINANCES 0.0. CHAPTER 37. An Ordinance respecting Choses in Action Assignment 1. Every debt and any chose in action arising out of con- cLIcs"*?!*"^ tract shall be assignable at . law by any form of writing action. whicli shall contain apt words in that behalf but subjfect to such conditions and restrictions in respect to the right of transfer as may appertain to the original debt or as may be connected with or be contained in the original contract and the assignee thereof may bring an action thereon in his own name as the party might to whom the debt was ori- ginally owing or to whom the right of action originally arose or he may proceed in respect of the same as though this Ordinance had not been passed. N."W.T., c. 41, s. 1. "Assignee." 2. The term "assignee" in the next preceding section includes any person now being or hereafter becoming entitled to any first or subsequent assignment or transfer or any derivative title to a debt or chose in action and possessing, at the time of the suit or action being instituted, the whole and entire beneficial interest therein and the right to receive the subject or proceeds thereof and to give eiFectual discharge therefor. N.W.T., c. 41, s. 2. Action for debt on assignment. Bquities of debtor against assignor before notice. 3. The plaintiff in any action or suit for the recovery of the subject of any assignment made in conformity with the two next preceding sections shall in his statement of claim set forth briefly the chain of assignments showing how he claims title but in all other respects the proceedings may be the same as if the action was brought in the name of the original creditor or of the person to whom the cause of action accrued. N.W.T., c 41, s. 3. 4. In case of any assignment of a debt or choxe in action, arising" out of contract and not assignable by delivery such assignment shall be subject to any defence or set-off in respect of the whole or any part of such debt or chose in action arising out of contract existing at the time of the notice of assignment to the debtor or person sought to be made liable in the same manner and to the same extent as such defence or set-off would be effectual in case there had been no assignment thereof and such defence or set-off shall apply as between the debtor and any assignee of such debt or chose in action arising out of contract. N.W.T., c. 41, s. 4. 1902 CHOSES IN ACTION Cap. 37 355 5. In case of auy assignment made in conformity with the Assignee's provisions hereof and notice thereof given to the debtor or "otice to ^"^ person liable in respect of the subject of such assignment delitor. the assignee shall have, hold and enjoy the same free of any claims, defences or equities which may have arisen subse- quent to such notice by any act of the assignor or otherwise. N.W.T , c. 41, s. 5. C The bonds or debentures of corporations made pay- Securities able to bearer or any person named therein or bearer may by ddlrery be transferred by delivery alone and such transfer shall vest the property in such bonds or debentures in the transferee or in the holder thereof and any such holder may bring any action or suit on or in respect of any such bonds or deben- tures in his own name. N.W.T., c. 41, s. 6. T. The provisions of the preceding sections shall not be Negotiable , ,, iii-nj?i • 1 mstniments. construed to apply to bilJs ot exchange or promissory notes or instruments which are negotiable or in respect of which the property therein passes by mere delivery. N.W.T., c. 41, s. 7. 23^— Y.o. 356 Cap. 38 CONSOLIDATED ORDINANCES CO. CHAPTER 38. An Ordinance respecting- Preferential Assignments. Fraudulent and preferential assignments. Pressure. Assignments for creditors and bona fide transactions. 1. Every gift, conveyance, assignment or transfer, de. livery over or payment of goods, chattels or effects or of bonds, bills, notes, securities or of shares, dividends, pre- miums or bonus in any bank, company or corporation made by any person at any time when he is in insolvent circum- stances or is unable to pay his debts in full or knows that he is on the eve of insolvency with intent to defeat or delay or prejudice his creditors or to give to any one or more of them a preference over his other creditors or over any one or more of them or which has such effect shall as against them be utterly void. N.W.T., c. 42, s. 1. 2. Every such gift, conveyance, assignment, transfer, de- livery over or payment whether made owing to pressure or partly owing to pressure or not, which has the effect of defeating, delaying or prejudicing creditors or giving one or more of them a preference shall as against the other cre- ditors of such debtor be utterly void. N.W.T., c. 42, s. 2. 3. Nothing in this Ordinance shall apply to any deed of assignment made and executed by a debtor for the purpose of paying and satisfying rateably and proportionately and without preference or priority all the creditors of such deb- tor their just debs or any bona fide sale of goods or payment made in the ordinary course of trade or calling, to innocent purchasers or parties. N.W.T., c. 42, s. 3. '^^^^ BILLS OF SALE Cap. 39 357 CHAPTER 39. An Ordinance respecting Mortgages and Sales of Personal Property. SHOET TITLE. 1. This Ordinance may be cited and known as " The Bills Short title. of Sale Ordinance." N.W.T., c. 43, s. 1. EEGISTEATION DISTRICTS. 2. For the purposes of the registration of .mortsrages and Registration other transfers of personal property in the Territory the . Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which is not accompanied by an immediate delivery and an actual and continued change of possession of the things mortgaged shall within thirty days from the execution thereof be registered as here- inafter provided together with the aflidavit of a witness thereto of the due execution of such mortgage or conveyance and also with the affidavit of the morgagee or one of several mortgagees or the agent of the mortgagee or mortga- gees if such agent is aware of all the circumstances connect- ed therewith and is properly authorised by power in writ- ing to take such mortgage in which case a copy of such authority shall be attached thereto (save as hereinafter provided under section 20 hereof) such last mentioned affidavit stating that the mortgagor therein named is justly and truly indebted to the mortgagee in the sum mentioned in the mortgage, that it was executed in good faith and for the express purposeof securing the payment of money justly due or accruing due and not for the purpose of protecting the goods and chattels mentioned therein against ihe creditors of the mortgagor or of preventing the creditors of such mortgagor from obtaining payment of any claim against him ; and every such mortgage or conveyance shall operate or take effect upon from and after the day and time of the filing thei;eof. N.W.T., c. 43, s. 6. Mortgage may 7. Except as to cases provided in the next following appended. section of this Ordinance a mortgage or conveyaiice intend- ed to operate, as a mortgage of goods and chattels may be made in accordance with form A in the schedule to this Ordinance. N.W.T., c. 43, s. '7. Mortgage to secure future advances or to indemnify indorsers, etc. 8. In case of an agreement in writing for future advances for the purpose of enabling the borrower to enter into and carry on business with such advances and in case of a mortgage of goods and chattels for securing the mortgagee repayment of such advances or in case of a mortgage of goods and chattels for securing the mortgagee against the indorsement of any bills or promissory notes or any other liability by him incurred for the mort^gagor not extending 1902 BILLS OF SALE Cap. 39 359 for a longer period than two years from the date of the mortgage and in case the mortgage is executed in good faith and sets forth fully by recital or otherwise the terms, nature and effect of the agreement and the amount of liability intended to be created and in case such mortgage is accom- panied by the affidavit of a witness thereto of the due execution thereof and by the affidavit of the mortgagee or one of several mortgagees or in case the agreement has been entered into and the mortgage taken by an agent d-aij authorized by writing to make such agreement and take such mortgage, in which case a copy of such authority shall be attached thereto, and if the agent is aware of the circum- stances connected therewith, then, if accompanied by the affidavit of such agent, such affidavit whether of the mort- gagee or his agents, stating that the mortgage truly sets forth the agreement entered into between the parties thereto and truly states the extent of the liability intended to be created by such agreement and covered by such mortgage and that such mortgage is exectited in good faith and for the express purpose of securing the mortgagee repayment of his advances or against the payment of the amount of his liability fbr the mortgagor, as the case may be, and not for the purpose of securing the goods and chattels mention- ed therein against the creditors of the mortgagor nor to prevent such creditors from recovering any claims which they may have against such mortgagor and in case such mortgage is registered as hereinafter provided within thirty days from the execution thereof the same shall be as valid and binding as mortgages mentioned in the sixth section of this Ordinance. N.W.T.; c. 43, s. 8. 9. Every sale, assignment and transfer of goods and Sale of goods chattels not accompanied by an immediate delivery and by*(feiivery'^ followed by an actual and continued change of possession and change of of the goods and chattels sold shall be in writing and such possession. writing shall be a conveyance under the provisions of this Ordinance and shall be accompanied by an affidavit of a witness thereto of the due execution thereof and an affidavit of the bargainee or one of several bargainees or of the agent of the bargainee or bargainees duly authorized in writing to take such conveyance (a copy of which authority shall be attached to the conveyance) that the sale is bona fide and for good consideration as set forth in the said conveyance and not for the purpose ofholding or enabling the bargainee to hold the good*! mentioned therein against the creditors of the bargainor ; and such conveyance and affidavits shall be registered as hereinafter provided within thirty days from the execution thereof otherwise the sale shall be abso- lutely void as against the creditors of the bargainor and as against subsequent purchasers or mortgagees in good faith. N.W.T., c. 43, s. 9. 360 Cap. 39 CONSOLIDATED ORDINANCES 0.0. Eegistration lo. Such. registration shall only have effect in the regis- d"steict where tration district wherein such registration has been made. made. N.W.T., C. 43, S. 10. Omission to register or false statement of consideration. 11. In case such mortgage or conveyance and affidavits are not registered as hereinbefore provided or in case the consideration for which the same is made is not truly express- ed therein the mortgage or conveyance shall be absolutely null and void as against creditors of the mortgagor and against subsequent purchasers or mortgagees in good faith for valuable consideration. N.W.T., c. 43, s. 11. Description of 12. All the instruments mentioned in this Ordinance property. whether for the mortgage or sale, assignment or transfer of goods and chattels shall contain such sufficient and full de- scription thereof that the same may be readily and easily known and distinguished except in the case of assignments for the general benefit of creditors in which case the de- scription shall be sufficient if it is in the following words : " All my personal property which may be seized and sold under execution," or words to that effect. N.W.T., c. 43, s. 12. Assignment for benefit of creditors. Registration to be in district where property situate. Clerk to enter instruments in a book. 13. The proper registration officer for instruments being mortgages and transfers of personal property shall be the clerk of the registration district in which the property described in the mortgage or transfer is at the time of the execution of the instrument ; such registration clerks shall file all such instruments presented to them respectively for that purpose and shall indorse thereon the time of receiving same in their respective offices and the same shall be kept there for the inspection of the public, subject to the pay- ment of the proper fees. N.W.T., c. 43, s. 13. 14. Every such clerk shall number each instrument or copy filed in his office and shall enter in alphabetical order in a book to be proAdded by him the names of all the parties to- such instrument with the number indorsed there- on opposite to each name ; and such entry shall be repeated alphabetically under the name of every party thereto. N. W.T., c. 43, s. 14. Cause for seizure by mortgagee Default in payment or PROCEDURE UNDER MORTGAGE ON DEFAULT. 15. Unless it is otherwise specially provided therein goods and chattels assigned under a mortgage or conveyance intended to operate as a mortgage of goods and chattels shall be liable to be seized or taken possession of by the grantee for any of the following causes : 1. If the grantor makes default in payment of the sum or sums of money thereby secured at the time therein 1902 BILLS OF SALE Cap. 39 361 provided for payment or in the performance of any cove- performance nant or agreement contained in the mortgage or conveyance °f ^s'^^^'"^"'^^- intended to operate as a mortgage and necessary for main- taining the security ; 2. If the grantor without the written permission of the Eemovai of grantee either removes or suffers the goods or any of them ^°°^''- to be removed from the registration district within which they are situate ; 3. If the grantor suffers the said goods or any of Rent or taxes. them to be distrained for rent, rates or taxes or suffers the said goods or any of them to be liable to seizure for rent by reason of default of the grantor in paying the same when due; 4. If execution has been levied against the goods of the Execution. grantor under any judgment at law ; 5. If the grantor attempts to sell or dispose of or in Attempt to any way part with the possession of the said goods. N.W. "^'^p°=« °f T., c. 43, s. 16. ^ RENEWAL OF MORTGAOES. IC- Every mortgage filed in pursuance of this Ordinance Mortgagefiieri shall cease to be valid as against the creditors of the persons vaiid'aHer two making the same and against subsequent purchasers or years unies>, mortgagees in good faith for valuable consideration after ''*"®^^d. the expiration of two years from the filing thereof unless, within thirty days next preceding the expiration of the said term of two years, a statement exhibiting the interest of the mortgagee, his executors, administrators or assigns in the property claimed by virtue thereof and a full statement of the amount still duo for principal and interest thereon and of all payments made on account thereof is again filed in the office of the registration clerk of the district where • the property is then situate with an affidavit of the mort- gagee or of one of several mortgagees or of the assignee or one of several assignees or of the agent of the mortgagee or assignee or mortgagees or assignees duly authorised for that purpose, as the case may be, stating that such state- ments are true and that the said mortgage has not been kept on foot for any fraudulent purpose, which statement and affidavit shall be deemed one instrument. N."W T., c. 43, s. 17. 17. Such statement and affidavit shall be in the follow- Renewal of ing form or to the like effect : mortgage. STATEMENT exhibiting the interest of CD. n the property mentioned in the chattel mortgage dated the day of A.D. 19 , made between A.B. of of the one part and CD. of of the other part and filed in the office of the registration clerk of the registration 362 Cap. 39 consolidated OBDINANOEb C. 0. district of (as the case may be) on the day of 19 , and of the amount due for principal and interest thereon and of all payments made on account thereof. The said 0. D. is still the mortgagee of the said property and has not assigned the said mortgage {or the said E.F. is the assignee of the said mortgage by virtue of an assign- ment thereof from the said C.D^ to him dated the day of 19 1 (o/" as the case may be). No payments have been made on account of the said mortgage {or the following payments and no other have been made on account of the said mortgage: 19 .— Jan. 1 — Cash received $ ) The amount still due for principal and interest on the said mortgage is the sum of dollars computed as fol- lows : {Here give the computation.) CD. Atfidavit. Yukon Territory, ) I of To Wit : \ the mort- gagee named in the chattel mortgage mentioned in the fore- going {or annexed) statement {or assignee of the mortgagee named in the chattel mortgage mentioned in the foregoing or annexed statement, as the case may be) make oath and say : . * (1.) That the foregoing {or annexed statement) is true. (2 ) That the chattel mortgage mentioned in the said state- ment has not been kept on foot for any fraudulent purpose. Sworn before me at in the Yukon Territory, this • day of 19 ) N.W.T. c. 43, s. 18. Further 18. Another statement in accordance with the provisions SteTfirsr''''^ of section 16 hereof duly verified as required by that section renewal. shall be filed in the office of the registration clerk of the district where the property is then situate within thirty days next preceding the expiration of the term of one year from the day of the filing of the statement required by the said section 16 and in default thereof such mortgage shall cease to be valid as against the creditors of the person making the same and as against purchasers and mortgagees in good faith for valuable consideration and so on from year to year ; that is to say another statement as aforesaid duly verified shall be filed within thirty days next preceding the expiration of one year from the day of the filing of the for- mer statement and in default thereof such mortgage shall cease to be valid as aforesaid. N.WT., c. 43, s. 19. 1902 BILLS OF SALE Cap. 39 363 19- The afl&davit required by section 16 of this Ordinance Personal may be made by any next of kin, executor or administrator TaSlf '" ot any deceased morlgagee or by an assignee claiming by or through any mortgagee or any next of kin, executor or ad- ministrator of any such assignee ; but if the affidavit is Filing made by any assignee, next of kin, executor or administra- assignments. tor of any such assignee the assignment or the several as- signments through which such assignee claims shall be filed in the ofiice in which the mortgage is originally filed at or before t.he time of such refiling by such assignee, next of kin, executor or administrator of such assia-nee, N W.T c. 43, S.20. agents' authokity to take conveyances. 20. An authority for the purpose of taking or renewing Authority for a mortgage or conveyance intended to operate as a mort- [^gt"uments gage or sale, assignment or transfer of goods and chattels maybe™ '' under the provisions of this Ordinance may be a general se^'^^^\. one to take and renew all or any mortgages or conveyances to the mortgagee or bargainee ; and provided such general authority is duly filed with the clerk it shall not be neces- sary to attach a copy thereof to any mortgage filed. N.W.T. c. 43, s. 21. 21. For the purpose of making the affidavit of bona fides "iiortgagee" required by sections 6, 8 and 9 of this Ordinance and the agl"for ^ affidavit required by section 16 of this Ordinance the expres- manager of sions "mortgagee," "bargainee," or "assignee" in ad- ™™''''"^' dition to their primary meaning, means and includes the agent or manager of any mortgagee, bargainee or assignee being an incorporated company. N.W.T., c. 43, s. 22. OMISSIONS AND ERRORS. 22. Subject to the rights of third persons accrued by rea- Rectification son of such omissions as are hereinafter defined any judge °^^™'^*J,°"^ of the Territorial Court of the Territory on being satisfied that the omission to register a mortage or other transfer of personal property or any authority to take or renew the same or any statement and affidavit of renewal thereof within the time prescribed by this Ordinance or the omission or mis- statement of the name, residence or occupation of any per son was accidental or due to inadveitence or impossibility in fact, may in his discretion order such omission or mis- statement to be rectified by the insertion in the register of the true name, residence or occupation or by extending the time for such registration on such terms and conditions if any as to security, notice by advertisement or otherwise or as to any other matter as he thinks fit to direct. N.W.T., c. 43, s. 23. 864 Cap. 39 CONSOLIDATED ORDINANCES 0.0. Filing assignments of mortgages. ASSIGNMENT OF MORTGAGES. 23. In case any registered chattel mortgage has been assigned such assignment may upon proof by the affidavit of a subscribing witness be numbered and entered in the book mentioned in section 14 hereof in the same manner as a chattel mortgage and the proceedings authorized by sec- tions 25 and 26 of this Ordinance may and shall be had upon a certificate of the assignee proved in manner afore- said. N.W.T., c. 43, s. 24. Discliarge of mortgage. Entry and indorsement of discharge of mortgage. Certificate of discharge. Form of certificate. DISCHARGE OF MORTGAGES. 24. Where any mortgage of gopds and chattels is regis- tered under the provisions of this Ordinance such mortgage m:ay be discharged by the filing in the office in which the same is registered of a certificate signed by the mortgagee, his executors or administrators in form B in the schedule hereto or to the like effect. N.W.T., c. 43, s. 25. 25. The officer with whom such chattel mortgage is filed upon receiving such certificate duly proved by the affidavit of a subscribing witness shall at each place where the number of such mortgage has been entered with the name of any of the parties thereto in the book kept under section 14 of this Ordinance or wherever otherwise in the said book the said mortgage has been entered, write the words " Discharged by certificate number (stating the num- ber of certificate) " ; and he shall also indorse the tact of such discharge upon the instrument discharged and shall affix his name to such indorsement. N.W.T., c. 43, s. 26. 26. Any person filing a discharge of mortgage or a par- tial discharge of mortgage as aforesaid shall be entitled to ask for and receive from such clerk a certificate (other than the certificate which might be indorsed on a copy or dupli- cate of the mortgage as aforesaid) of such discharge or partial discharge in the form following or to the like effect : Yukon Territory. ) Eegistration District of > This is to certify that an instrument purporting to be a discharge in full {or a partial discharge) of a certain chattel mortgage bearing date the day of and filed the day of following, made between A.B. of as mortgagor and CD. of as mortgagee has been filed in the office of the clerk of the registration district of on the day of {and in case of a partial discharge that the goods or property mentioned in such partial discharge consist of describing the chattel or property) ^.iW., JOlerk. N.W.T., c. 43, s. 27, 1902 BILLS OF SALE Cap. 39 865 REMOVAL OF CHATTELS MORaAGED. 27. No goods or chattels under mortgage shall be remo- Mortgaged red into another registration district without a notice of 1° remOTed° the intention to remove be mailed post paid and registered without notice to the mortgagee at his last known place ol address not less than twenty days prior to such removal. N.W.T., c. 43, s. 28. 28. In the event of the permanent removal of goods and Removal of chattels morgaged as aforesaid from the registration district fnother° in which they were at the time of the execution of the district. mortgage, to another registration district before the pay- ment and discharge of the mortgage a certified copy of such mortgage under the hand of the registration clerk in whose office it was fi.rst registered and of the affidavit and docu- ments and instruments relating thereto filed in such office, shall be filed with the registration clerk of the district to which such goods and chattels are removed within three weeks from such removal otherwise the said goods and chattels shall be liable to seizure and sale under execution and in such case the mortgage shall be null and void as against subsequent purchasers and mortgagees in good faith for valuable consideration as if never executed. N.W.T., c. 43, s. 29. EVIDENCE, CERTIFIED COPIES. 29. Copies of any instrument filed under this Ordinance, Certified certified by the registration clerk, shall be received as °°p'®'^' prima facie evidence for all purposes as if the original ins- trument was produced and al>!0 as prima facie evidence of the execution of the original instrument according to the purport of siioh copy and the clerk's certificate shall also be prima facie evidence of the date and hour of registralfon and filing. N.W.T., c. 4.3, s. 30. AFFIDAVITS. 30. All affidavits and affirmations required by this Ordi- Officers for nance may be taken and administered by the registration °^'^^- clerk or any person whether in or out of the Territory authorised to administer oaths or take affidavits for use in the Territorial Court of the Territory and the sum of 25 cents shall be payable for everv oath thus administered. N.W.T., c. 43, s. 31. EXPIRY ON HOLIDAY OF TIME FOR FILING. 31. Where under any provisions of this Ordinance the Time for filing time for registering or filing any mortgage, bill of sale, |^r^^;"/„°" instrument, document, affidavit or other paper expires on a holiday. 366 Cap. 39 consoltdateb ordinances C. 0. Sunday or other day on which the office in which the regis- tering or filing is to be made or done is closed and by reason thereof the filing or registering cannot be made or done on that day the registering or filing shall so tar as regards the time of doing or making the same be held to be duly dons or made if done or made on the day on which the office shall next be open. N.W.T., c. '43, s. 32. CLERK S FEES. Clerk's fees. 32. For services under this Ordinance each clerk afore- said shall be entitled to receive the following fees ; 1. For filing each instrument and affidavit, including the certificate on a duplipate, if any, and for entering the same in a book as aforesaid, $2.00 ; 2 . For filing assignment of each instrument and for making all proper indorsements in connection therewith, |2.00 ; 3 For filing certificate of discharge of each instrument and for making all proper entries and indorsements con- nected therewith, $2.00 ; 4. For searching for each paper, 25 cents ; 5. For copies of any document filed under this Ordinance with certificate thereof, 20 cents for every hundred word ; 6. For every certificate under section 26 of this Ordi- nance, $2.00. N.W.T., c. 43, s. 33. SCHEDULE. FORM A. f (Section 7.) MdRTOAGE OF OhATTLES. This Indenture made the day of A.D. 1 between yl. 6., of of the one part and CD., of of the other part. Witnesseth that in consideration of the sum of $ now paid to A.B. by CD. the receipt of which the said 4.-6. hereby acknowledges {or whatever else the consideration may be) he the said A.B. doth hereby assign to the said CD. his executors, administrators and assigns all and singular th^ several chattels and things specifically described as follows {or in the schedule hereto annexed) by way of security for the payment of the sum of $ and interest thereon at the rate of per cent, per annum {or whatever else may he the rale) and the said A.B. doth further agree and declare that he will duly pay to the said CD. the principal 1902 BILLS OF SALE Cap. 39 ZQl sum aforesaid together with the interest then due on the day of A.D. 19 {or whatever else may be the stipulated time or times for payment.) And the said A.B. doth agree with the said CD. that he will {here insert terms as to insurance, payment of rent, collateral securities or otherwise which the parties may agree to for the maintenance or defeasance of the security.) Provided always that the chattels hereby assigned shall not be liable to seizure or to be taken possession of by the said CD. for any cause other than those specified in section 15 of The Bills of Sale Ordinance except as is otherwise specially provided herein. In witness whereof the said A.B. has hereunto set his hand and seal. Signed and sealed by the said A. B. in the presence of me E.F. , . „ {Add name, address and occupation ' ' ' of witness.) FORM B. {Section 24.) Discharge of Chattel Mortgage. To the registration clerk of the registration district of I, A.B., of do certify that has satisfied all money due on or to grow due on a certain chattel mortgage made by to which mortgage bears date the day of A.I). 19 and "was registered {or in ca'*^ *"*^'' *^- except that no such declaration as aforesaid shall be contro- verted by any signer thereof N.W T., c. 45, s. 11. DECLARATION OF DISSOLUTION. 13. Upon the dissolution of any partnership any or all of Declaration the persons who compose such partnership may sign and °^ dissolution, file a declaration certifying the dissolution of the partner- ship in the form D in the scheflule to this Ordinance. N.W.T., c. 45, 8. 12. EEGISTBATION FEES. 14. The said registration clerk shall be entitled for filing ^ees. a declaration under this Ordinance to a fee of $2 including 3*?4 Gap. 41 CONSOLIDATED ORDINANCES 0.0. the certificate on the duplicate thereof and for searches made in each of such books the following fees and no more: For searching in the firm index book, each firm |0 50 For searching in the individual index book, each name 50 No. 42 of 1900, s 1. SCHEDULE. FORM A. Dkclabation of Co-pabtnership. Yukon Territory, ) [ We, of in (occupation) and of (occupation) hereby certify : 1. That we have carried on and intend to carry on trade and business as at in partnership under the nam.e and firm of (or I or we) the undersigned of in hereby certify that I (or we) have carried on and intend to carry on trade and business as at in partnership with of and of (as the case may be.) 2. That the said partnership has subsisted since the day of one thousand nine hundred 3. And that we (or I or we) and the said and are and have been since the said day the only members of the said partnership. Witness our hands at this day of one thousand nine hundred FOEM B. Firm Index Book. Style of Firm. Names of Persons Com- posing the Firm and their Residences. Date of filing declaration. John Smith & Co John Smith, Dawson Edward Ives, Dawson.. James Abbott & Son, Bernard & Johnson.. Jas. Abbott, White Horse George Abbott, Calgary, Arthur Bernard, Dawson Alex. Johnson, Bonanza. 15 Sept. 1889 10 " 1889 1 Mar., 1899 1902 PARTNERSHIPS FOEM 0. Individual Index Book. Cap. 41 Name of Individual and Resideuce. Style of Firm of which a member. Date of filing declaration. Abbott James, Dawson. Abbott George Bernard A., White Horse Johnson Alex., " James Abbott & Son. James Abbott & Son. Bernard & Johnson .. Bernard & Johnson .. 10 Sept. 1889 10 Sept. 1889 1 Mar., 1889 1 Mar., 1889 875 FORM D. Declaeation of Dissolution of Partnership. Yukon Territory, ii. formerly a member of the firm of carrying on business as at in the of under the style of do hereby certify that the said partnership was on the day of dissolved. Witness my hand at the day of one thousand nine hundred A.B. 376 TITLE VI. RELATING TO SPECIAL RELATIONSHIPS. CHAPTER 42. An Ordinance respecting Marriages. SHORT TITLE. Short title ^' This Ordinance may be cited as " The Marriage Ordi- nance:' N. "W". T., c. 46, s. 1. SOLEMNIZATION OF MABEIAGE. Who may perform marriage ceremonj'. Marriage ceremony not to be performed without license or banns. 2. The ministers and clergj'^men of every church or relig- ious denomination duly ordained or appointed according to the rites and ceremonies of the churches, denominations or religious bodies to which they respectiyely belong and com- missioners and staff officers of the Salvation Army may by virtue of such ordination or appointment and according to the rites and usages of such churches, denominations or religious bodies respectively and commissioners appointed for that purpose by the Commissioner may solemnize or per- form the ceremony ot marriage between any two persons not under a legal disqualification or disability to contract such marriage. N. W. T., c. 46, s. 2. 3. No marriage commissioner shall solemnize marriage unless the parties to the intended marriage produce to him the license provided for by this Ordinance ; and no minister or clergyman or other person authorized to perform the ceremony or marriage shall solemnize marriage unless the parties to the intended marriage produce to him such license or unless the intention of the two persons to intermarry has 1902 MARRIAGE Cap. 42 S11 been proclaimed by publication of banns at least thrice openly on two successive Sundays in some public religious assembly. N. W. T., c. 46, s. 3. 4. All marriages shall be solemnized in the presence of witnesses. two or more credible witnesses besides the minister, clergy- man, marriage commissioner or other person performing the Registration. ceremony ; and every person solemnizing a marriage shall register the same according to the provisions of The Vital Statistics Ordinance. N. W. T., c. 46, s. 4. 5. No person duly authorized who solemnizes a marriage No action in conformity with the provisions of section 2 of this Ordin- '^s*'"^*. person ance shall be subject to any action or liability for damages marriage. or otherwise by reason of there having been any legal im- pediment to the marriage unless at the time when he per- formed the ceremony he was aware of the impediment. N. W. T., c. 46, s. 5. ISSUE OF MARRIAGE LICENSES. 6. The marriage license shall be in form " A " in the issue of schedule to this Ordinance and shall be supplied from the ''<=*'"*«*' office of the Commissioner and shall be issued to persons requiring the same by such persons as the Commissioner may name for that purpose or by any minister or clergy- man of any church or religious denomination who are hereby declared ex officio issuers of licenses. No. 10 of 1901, s. 1. 7. Such licenses shall be signed by 1 he Commissioner signature of and shall be and remain valid notwithstanding that the '^censes. Commissioner has ceased to hold office before the time of the issue of the license. N. "W. T. c. 46, s. 7. 8. Every issuer of marriage licenses shall sign each license Signature by as the same is issued by him. N. W. T., c. 46, s. 8. ^^™^''- 9. Before a license is granted by any issuer one of the Affidavit prior parties to the intended marriage shall personally make an [•'cfns'"' °^ afiidavit before him to the effect of form B in the schedule hereto. (2) The affidavit may be made before any justice of the peace in any case where it is inconvenient for either of the parties to be married to attend personally before an issuer of marriage licenses : Provided always that the reason that neither party can so attend shall be set forth in such affidavit as a justification for the issuer granting license without a personal applica- tion by one of said parties. N. W. T., c. 46, s. 'J. 3*78 Gap. 42 CONSOLIDA.TED ORDINANCES CO. Further evidence may be required. Consent to marriage of minors. Quarterly returns of lioensesissued, 10. In case tlie issuer has knowledge or reason to sus- pect that any of the statements in the affidavit of any appli- cant for a marriage license are not correct the said issuer shall require further evidence to his satisfaction before issuing the license ; and a copy of all such aflSdavits and evidence shall be placed on file in his office. N. W. T., c. 46, s. 10. 11. The father, if living, of any person under twenty-one years of age (not being a widower or widow) or if the father is dead then the mother of the minor or if both parents are dead then the lawfully appointed guardian or the acknow ledged guardian who may have brought up or for three years immediately preceding the intended marriage sup- ported or protected the minor shall have authority to give consent to such marriage. N. W. T., c. 46, s. 11. 12. Every issuer of marriage licenses shall on the fifteenth day of January, April, July and October in each year make a sworn return to the Territorial Treasurer of all licenses issued by him during the preceding three months with the names of the parties to whom issued and shall accompany such return with the original affidavit taken in each in- stance. The said return shall further state the number of unissued licenses in the custody of the issuer and shall be made in the form prescribed by the Commissioner. (2) The Commissioner may in special cases dispense with the provisions of this section and may make regulations for special returns to be made in such cases. N. W. T., c. 46, s. 12. Return of unissued licenses. Fees for licenses. 13. Every issurer of marriage licenses shall whenever called upon by the Commissioner make a sworn return of all licenses at any time supplied to him and shall return all unissued licenses if so required. N. W. T., c. 46, s. 13. 14. There shall be payable to every issuer of marriage licenses on the issue of each license by him the sum of |o of which such issuer shall be entitled to retain $2 as his fee ; the remainder he shall pay over to the Territorial Treasurer at the time of each return made by such issuer to form part of the general revenue fund of the Territory. N.W.T., c. 46, s. 14. Unauthorised 15. Any person unlawfully issuing a marriage license licenses or ^^J Issuer of marriage license granting a license without solemnization first having obtained the affidavit required by this Ordin- marriage. a,nce, and any person solemnizing a marriage contrary to the Penalty. provisious of this Ordinance shall, on siimmary conviction thereof before two justices of the peace, for every such con- travention forfeit and pay a fine not exceeding $100 and costs. N. W. T., c. 46 s. 15. 1902 MARRIAGE Cap. 42 379 SCHEDULE. Form A:— Section 6. CANADA. } Yukon Territory. \ These are to certify that A.E. of and CD. of being minded as it is said to enter into the contract of marriage and being desirous of having the same duly solemnized the said A.B. (or CD.) has made oath that he (or she) believes that there is no affinity consanguinity or any other lawful cause or legal impediment to bar or hinder the solemnization of the said marriage. And these are therefore to certify that the requirements in this respect of the Ordinance respecting marriages have been complied with. Given under my hand at Dawson in the Yukon Territory this day of A.D. 19 Commissioner of the Yukon Territory. Issued at in the Yukon Territory this day of A.D. 19 Issuer. Form B. — Section 9. I A.B. Bachelor {or Widower) or C. D. Spinster (or Widow) make oath and say as follows : 1. I and CD., of Spinster or Widow, {or A.B. of Bachelor or Widower) are. desirous of entering into the contract of marriage and of having our marriage duly solemnized at 2 According to the best of my knowledge and belief there is no affinity, consanguinity or any other lawful cause or legal impediment to bar or hinder the solemnization of the said marriage. 3. I am of the age of years and the said CD. {or A.B.) is of the age of years. 4 {In case one oj the parties is under the age of twenty-one years add) E.F. of is the person whose consent to the said mar- riage is required by law and the said E.F. has formally con- sented to the said marriage. {Or if both parties are under age) E.F. of and G.H. of are the persons whose consent to the saM marriage is required by law and the said E.F. and (r.fl. have formally consented to the said marriage. 380 Cap. 42 consolidated ordinances 0. 0. {Or if in the case of one of the minors there is no person whose consent is required by law add according to the facts) The father of the said C.B. (or A.B.) is dead and the mother of the said CD. (or A.B.) is dead and the said CD. (or A.B.) having no lawfully appointed or acknowledged guardian therp. is no person who has authority to give con- sent to the said marriage. (In case both the parties are minors and there is no person whose consent is required by law add a similar statement con- cerning the other party according to the facts.) (Signed) A.B (or CD.) Sworn before me at \ in the Yukon Territory J this day of A.D. / 19 (Signed) I. J. 1-902 PERSONAL PROPERTY Cap. 43 381 CHAPTER 43. An Ordinance respecting- the Personal Property of Married "Women. 1. A married woman shall in respect of personal property Personal be under no disabilities ■wbatsoever heretofore existing by property of reason of her coverture or otherwise but shall in respect of ™*™^ the same have all the rights and be subject to all the liabili- ties of a feme sole. N.W.T., c. 4'7, s. 1, women. 882 Gap. 44 consolidateb ordinances C. 0. CHAPTER 44. An Ordinance respecting Compensation to the Families of Persons Killed by Accidents. Interpretation 1. The following words and expressions have in this Ordinance the meanings hereby assigned to them respec- tively so far as such meanings are not excluded by the con- text or by the nature of the subject matter : V Parent."' 1. "Parent" includes father, mother, grandfather, grand- mother, stepfather, stepmother, and "Child." 2. "'Child" includes son, daughter, grandson, grand- daughter, stepson, stepdaughter. N.W.T., c. 48, s. 1. When 2» Whenever the death of a person has been caused by compensation guch wrouffful act, ncfflect or default as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, in each case the person who would have been liable if death had not ensued shall be liable to an action for damages notwith- standing the death of the party injured. N. W.T., c. 48, s. 2. whoto benefit 3. Every such action shall be for the benefit of the wife, by action. husband, parent, child, brother or sister of the person whose death has been so caused and shall be brought by and in the name of the executor or administrator of the person deceased and in every such action the court may give such damages as it thinks proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action has been brought. N.W.T., c. 48, s. 3. Limitation 4. Not morc than one action shall lie for and in respect of action. of the Same subject matter of complaint and every such action shall be commenced within twelve months after the death of the deceased person. N.W.T., c, 48, s. 4. 1902 WIFE AND CHILDKEN Cap, 45 883 CHAPTER 45. An Ordinance respecting Insurance for the benefit of Wife and Children. 1- In this Ordinance "maturitj'^ of the policy" or "maturity interpretation of the contract," means the happening of the event or the expiration of the term at which the benefit under the policy or contract accrues due. N.W.T., c. 49, s. 1. 2. Any person may insure his life for the whole term Husband may thereof or for any definite period for the benefit of his wife {j"n"™t^of wife and children or of his wife and some one of his children or or children. of his children only or of some one of them and where the insurance is effected for the benefit of more than one he may apportion the amount of the insurance money as he deems proper. N.W.T., c. 49, s. 2. 3. The insurance may be effected either in the name of May be in "" " '" --- -- jjaine of wi' or trustee. the person whose life is insured or in the name of his wife "^™* °* ^'^^^ or of any other person (with the assent of such other person) as trustee. N.W.T., c. 49, s. 3. 4. In case a policy or written contract of life insurance ef- insurance fected by a man on his life, is expressed upon the face of it declar'^ for to be for the benefit of his wife or his wife and children or benefi^f wife any o f them or in case he has heretofore indorsed or may hereafter indorse or by any writing identifying the policy by its number or otherwise has made or may hereafter make a declaration that the policy is for the benefit of his wife or of his wife and children or any of them such policy shall enure and be deemed a trust for the benefit of his wife for her separate use and of his children or any of them accord- ing to the intent so expressed or declared and so long as any object of the trust remains, the money payable under the policy shall not be subject to the control of the husband or his creditors or form part of his estate when the sum secured by the policy or written contract becomes payable but this shall not be held to interefere with any pledge of the policy to any person prior to such declaration. (2.) In the case of a policy or written contract of life insur- Antenuptial ance effected before marriage a declaration under this section P°''<=y- shall be and be deemed to have been as valid and effectual as if such policy or contract had been effected after marriage but nothing herein contained shall affect any action or pro- ceeding novv^ pending. N."W .T., c. 49, s. 4. 384 Cap. 45 CONSOLIDATED ORDINANCES 0.0. Apportion- ment may be varied. Apportion- ment by will. Provision where no apportion- ment. Surrender or assignment of policy. Apportioned policy. 5- The insured may by an instrument in writing attached to or indorsed on or identifying the policy by its number or otherwise, vary an apportionment previously made so as to extend the benefits of the policy to the wife or the children to one or more of them although the policy is expressed to be for the benefit of the wile alone or the child or children alone or although a prior declaration was so restricted; and he may also appoition the insurance money among the per- sons intended to be benefitted; and may from time to time by an instrument in writing attached to or indorsed on the policy or referring to the same alter the apportionment as he deems proper^ he may also by his will make or alter the apportionment of the insurance money ; and an apportion- ment made by his will shall prevail over any other made before the date of the will except so far as such other appor- tionment has been acted on before notice of the apportion- ment by the will. (2.) This section applies to policies heretofore issued as well as to future policies. N.W.T., c. 49, s. 5. 6- Where no apportionment is made all persons entitled to be benefitted by the insurance shall be held to share equally in the same; and where it is stated in the policy or declaration that the insurance is for the benefit of the wife and children generally or of the children generally without specifying the names of the children the word children means all the children of the insured living at the maturity of the policy whether by his then or any former wife and the wife to benefit by the policy shall be ihe wife living at the maturity thereof. N.W.T., c. 49, s. 6. '7. Any such policy may be surrendered or assigned : (a) Where the policy is for the benefit of children only and the children surviving 'are of the full age of twenty-one years if the person insured and all such surviving children agree to so surrender or assign ; or (b) Where the policy is for the benefit of both ai wife and children and the surviving children are all of the full age of twenty-one years if the person in- sured and his then wife if any and all such surviv- ing children agree to so surrender or assign ; or Where the policy is for the benefit of a wife only or of a wife and children and there are no children living of the person insured and his then wife agrees to so surrender or assign. N.W.T., c. 49, s. 7. S. Where an apportionment as in sections 2 and 5 hereof provided for has been made if one or more of the persons in whose favour the apportionment has been made die in the life- time of the insured the insured may by an instrument in writ- ing attached to or indorsed on or otherwise referring to and ic) 1902 WIFE AND CHILDREN Cap. 45 385 identifying the policy of insurance declare that the share Death of formerly apportioned to the person so dying shall be for the before ISon benefit of such other person or persons as he names in that insured. behalf not being other than the wife and children of the in- sured and in default of any such declaration the share of the person so dying shall be the property of the insured and may be dealt with and disposed of by him as he sees fit and shall at his death form pa,rt of his estate. N.W.T., c. 49, s. 8. 9. Where no apportionment as in sections 2 and 5 hereof No apportion- provided for has been made if one or more of the persons en- ge"Jjj ^f titled to the benefit of the insurance die in the lifetime of the beneficiary. insured and no apportionment is subsequently made by the insured the insurance shall be for the benefit of the survivor or of the survivors of such persons in equal shares if more than one ; and if all the persons so entitled die in the liCetime of the insured the policy and the insurance money shall form part of the estate of the insured ; or after the death of all the persons entitled to such benefit the insured may by an in- strument executed as aforesaid make a declaration that the policy shall be for the benefit of his then or any future wife or children or some one of them. N.W.T., c. 49, s. 9. lO. "When the insurance money becomes due and payable Payment of ----- -■ - --- -■ - insuranr" money. it shall be paid according to the terms of the policy or of any '°^"''*"''^ declaration or instrument as aforesaid as the case may be free from the claims of any creditors of the insured except as herein provided. N.W.T., c. 49, s. 10. 11 • Where the insurance money or part thereof is for the insurance for benefit in whole or in part of the children of the insured ° ' ™"' and the children are mentioned as a class and not by their -^15°^ '5 "^^ individual names the money shall not be payable to the children until reasonable proof is furnished to the company of the number, names and ages of the children. N.W.T., c. 49, s. 11. 12. The insured may by the policy or by his will or by Appointment any writing under his hand appoint a trustee or trustees of "* t^stees. the money payable under the policy and may from time to time revoke such appointment in like manner and appoint a new trustee or new trustees and make provision for the appointment of a new trustee or trustees and for the invest- ment of the money payable under the policy. Payment made to such trustee or trustees shall discharge the comp- any. N.W.T., c. 49, s. 12. 13. If no trustee is named in the policy or appointed as ^^y^™' mentioned in section 12 hereof to receive the shares to which Trustees." infants are entitled their shares may be paid to the executors of the last will and testament of the insured or to a guardian 25— T. o 886 Cap. 45 CONSOLIDATED ORDINANCES 0.0. Investment by trustees. Security by guardian. Payment of insurance money into court where no trustee, etc. Order for payment of insurance moneys. of the infants duly appointed by the Territorial Court of the Yukon Territory or a judge thereof upon the application of the wife or of the infants or their guardian and such pay- ment shall be a good discharge to the insurance company. N.W.T., c. 49, s. 13. 14. Any trustee named as provided for in the next preced- ing two sections and any executor or guardian may invest the money received in government securities or municipal or school debentures or in mortgages of real estate or in any other manner authorised by the will of the insured and may from time to time alter, vary and transpose the investments and apply all or any part of the annual income arising from the share or presumptive share of each of the children in or towards his or her maintenance and education in such man- ner as the trustee, executor or guardian thinks fit and may also advance to and for any of the children notwithstanding his or her minority the whole or any part ofthe share of the child of and in the money for the advancement or prefer- ment in the world or on the marriage of such child. N. W.T., c. 49, s. 14. 15. A guardian appointed as provided in section 13 hereof shall give security to the satisfaction of the Court or judge for the faithful performance of his duty as guardian and for the proper application of the money which he may receive. Where .the amount of the insurance money payable to a guardian of infants does not exceed $400 and probate is sought in respect of a will for the sole purpose of obtaining insurance money to an amount not exceeding $400 the fees payable on the appointment of such gu ardian or executor shall be $4 and no more and such fees shall be regulated in the manner prescribed. N.W.T., c. 49, s. 15. 16. Ifthere is no trustee, executor or guardian competent to receive the share of any infant in the insurance money and the insurance company admits the claim or any part thereof the company at any time after the expiration of two months from the date of their admission ofthe claim or pait thereof may obtain an order from the Territorial Court of the Yukon Territory, or a judge thereof for the payment of the share of the infant into court ; and in such case the costs of the application shall be paid out of the share (unless the Court or judge otherwise directs) and the residue shall be paid into Court pursuant to the order ; and such payment shall be a sufficient discharge to the company for the money paid ; and the money shall be dealt with as the Court or judge directs. (2) If the company does not within four months from the time the claim is admitted either pay the same to some per- son competent to receive; the money under this Ordinance or pay the same into the Territorial Court the said Court or 1902 WIFE AND CHILDREN Cap. 45 38Y judge thereof may upon application made by some one com- petent to receiv^e the said money or by some other person on behalf of the infant order the insurance money or any part thereof io be paid to any trustee, executor or guardian competent to receive the same or to be paid into court to be dealt with as the Court or judge directs and any such payment shall be a good discharge to the company. (3) The Court or judge may order the costs of the applica- Coats. tion and any costs incidental to establishing the authority of the party applying for the order to be paid out of such moneys or by the company or otherwise as seems just and the Court or judge may also order the costs of and inci- dental to obtaining out of Court moneys voluntarily paid in by a company to be paid out of such moneys. N.W.T., c. 49, s, 16. 17. If a person who has heretofore effected or who here- Surrender of after effects an insurance for the purposes contemplated by up policy.^*' this Ordinance whether the purpose appears by the terms of the policy or by indorsement thereon or by an instru- ment referring to and identifying the policy finds himself unable to continue to meet the premiums he may sur- render the policy of the company and accept in lieu thereof a paid up policy for such sum as the premiums paid would represent payable at death or at the endowment age or otherwise (as the case may be) in the same manner as the money insured by the original policy if not sur- rendered, would have been payable ; and the company may accept the surrender and grant the paid up policy not- withstanding any declaration or direction in favour of the wife and children or any of them. N.W.T., c. 49, s. 11. 18. The person insured may from time to time borrow Borrowing for from the company insuring or from any other company or PremhTms"^ person on the security of the policy such sums as are necessary and the same shall be applied to keep the policy in force on such terms and conditions as are agreed on ; and the sums so borrowed together with such lawful inter- est thereon as is agreed upon shall so long as the policy remains in force be a first lien on the policy and on all moneys payable thereunder notwithstanding any declara- tion or direction in favour of the wife or children or any or either of them. N.W.T., c. 49, s. 18. 19. Any person insured under the provisions of this Bonuses and Ordinance may in writing reqtiire the insurance company p™*"'^- to pay the bonuses or profits accruing under the policy or portions of the same to the insured ; or to apply the same in the reduction of the annual premiums payable by the in- sured in such way as he directs ; or to add the said bonuses or profits to the policy ; and the company shall pay 25J— Y. o. 388 Cap. 45 CONSOLIDATED ORDINANCES 0. 0. Several . actions. Consolidation. Parties. or apply such bonuses or profits as the insured directs and according to the rates and rules established by the company: Provided always that the company shall not be obliged to pay or apply such bonuses or profits in any other man- ner ,than stipulated in the policy or the application there- for. N.W.T., c. 49, s.|19. 20. In case of several actions being brought for insur- ance money the Court is to consolidate or otherwise deal therewith so that there shall be but one action for and in respect of the shares of all the persons entitled under a policy. If an action is brought for the share of one or more infants entitled all the other infants or the trustees, executors or guardians entitled to receive payment of the shares of such other infants shall be made parties to the action and the rights of all the infants shall be dealt with and determined in one action. The persons entitled to receive the shares of the infants may join with any adult persons claiming shares in the policy. In all actions where several persons are interested in the money the Court or judge shall apportion among the parties entitled any sum directed to be paid and shall give all necessary directions and relief. N.W.T., c. 49, s. 20. Notice to insurance company. 21. No declaration or appointment affecting the insur- ance money or any portion thereof nor any appointment or revocation of a trustee shall be of any force or effect as re- spects the company until the instrument or a duplicate or copy thereof is deposited with the company. "Where a declaration or indorsement has be&n heretofore made and notice has not been given the company may until they receive notice thereof deal with the insured or his execu- tors, administrators or assigns in respect of the policy in the same manner and with the like effects as if the declaration or indorsation had not'been made. N.W.T., c. 49, s. 21. Rights of creditors. 22. If the policy was effected and premiums paid by the insured with intent to defraud his creditors the creditors shall be entitled to receive out of the sum secured an amount equal to the premiums so paid.f |N."W".T., c. 49, s. 22. No interference with other modes of assignment, etc. 2S. Nothing contained in this Ordinance shall be held or construed to restrict or interfere with the right of any person to effect or assign a policy for the benefit of his or her father, mother, husband or wife or children or some one of them in any other mode allowed by law. N.W.T., c. .49, s. 23. as"iTment°of ^^' ^^^^^ ^^^ ^^^ persous entitled to be benefitted policy.'"*'" ° whether by original insurance, by written declaration or instrument of variation or apportionment under any policy 1902 WIFE AND CHILDREN Cap. 45 889 are of full age they and the person insured may surrender the policy or assign the same either absolutely or by way of security. N.W.T., c. 49, s. 24. 25. "Where any policy of insurance or written contract Persons of life insurance or the declaration indorsed upon or a^^cegJo^ attached to any policy of insurance to which this Ordinance applies whether such declaration has heretofore been or shall hereafter be made provides that the policy shall be for the benefit of a person and in the event of the death of such person for the benefit of another person such first mentioned person shall if living be deemed for the purposes of section 24 of this Ordinance the person entitled to be benefitted under such policy, N."W.T., c. 49, s. 25. 390 Cap. 46 CONSOLIDATED ORDINANCES CO. CHAPTER 46. An Ordinance respecting Masters and Servants. Contracts of hiring. Servant guilty of misconduct. Penalty. Nonpayment of wages, Limit of time for proceedings. 1. Every contract or hire of personal service shall be subject to the provisions of this Ordinance and if such con- tract is for any period more than one year it shall be in writing and signed by the contracting parties. N.W.T., c. 50, 8. 1. 2. Any person engaged, bound or hired whether as clerk, journeyman, apprentice, servant, labourer or otherwise how- soever, guilty of drunkenness or of absenting himself by day or night without leave from his proper service or employ- ment or of refusing or neglecting to perform his just duties or to obey the lawful commands of his master or of dissi- pating his employer's property or effects shall be deemed guilty of a violation of his contract and upon summary con- viction of one or more of the said violations, forfeit and pay such sum of money not exceeding $30 as to the justice seems meet tqgether with costs of prosecution and in default of payment thereof forthwith shall be imprisoned for any period not exceeding one month. N.W.T., c. 50, s. 2. 3. Any justice, upon oath of any employee, servant or labourer complaining against his or her master or employer concerning any nonpayment of wages (not exceeding six months' wages, the same having been first demanded) ill-usage or improper dismissal by such master or employer, may summon the master or employer to appear before him at a reasonable time to be stated in the summons and the justice shall upon proof on oath of the personal service of the summons examine into the matter of the complaint, whether the master or employer appears or not, and upon due proof of the cause of complaint the justice may dis- charge the servant or labourer fronp the service or employ- ment of the master and direct the payment to him or her of any wages found to be due (not exceeding six months' wages as aforesaid) and the iustice shall make such order for payment of the said wages as to him seems just and reasonable with costs. N.W.T., c. 50, s. 3. 4. Proceedings may be taken under this Ordinance within three months after the engagement or employment has ceased or within three months after the last instalment 1902 MiSTERS AND SERVANTS Cap. 46 391 of wages under the agreement of hiring has become due whichever shall last happen. N."W.T., c. 50, s. 4. 5. The provisions of this Ordinance shall be held to Ordinance to apply in the Territory to contracts and agreements made at ^ppJ^ *° any place outside the same. N.W.T., c. 50, s. 5. mraroutside the Territory. ©• Nothing in this Ordinance shall in any wise curtail. Civil remedies abridge or defeat any civil or other remedy for the recovery pi'^^e^'^ed. of wages or damages which employers or masters may have against servants or employees or which oervants or em- ployees may have against their masters or employers. N.W.T., c. 50, s. 6. 7. Notwithstanding any disposition to the contrary of Master not to any law or Ordinance in force in this Territory, whenever uniess^gSity*^ any proceedings are taken before one or more justices of the of fraud. peace . under section 4, of this Ordinance, no warrant for the imprisonment of any master or employer for non- payment of wages shall be issued, unless it is established before the justice or justices, trying the case, that said mas- ter or employer has committed some act of fraud tending to deprive his creditors generally, or the complainant in particular of his recourse against him, or that he is about to leave the Yukon Territory, with the same intent. No. 30 of 1899, s. 1. 892 Cap. 4*7 consolidated ordinances C. 0. TITLE VII. RELATING TO PROFESSIONS, TRADES, &c. CHAPTER 47. An Ordinance Respecting the Legal Profession. short TITI-E Short title. !• TMs Ordinance may be cited as "The Legal Profes- sion Ordinance." No. 33 of 1901, s. 1. BARRISTERS AND SOLICITORS' ROLL. Territorial 2. The Territorial Secretary shall cause to be prepared a preplreToifof ^^^^ *» ^^ ^^l^*^"^ ^^^ Barristers' and Solicitors' Roll for the Barristers. Yukon Territory. No. 33 of 1901, s. 2. Who to be 3. He shall forthwith cause to be entered on such entered on roll jj^^^^^ ^^ proper Order according to the time of admission to the Bar in the Yukon Territory, the names of all persons who are at the date of the passing of this Ordinance en- rolled as Advocates of the Yukon Territory on the Roll pre- ■ pared by, and in the custody of, the Clerk of the Territorial Court, together with the respective dates of their admission as such Advocates. The Secretary shall also, from, time to time enter on such roll the name of the person who fills the office of Legal Adviser for the Commissioner of the Yukon Territory and for the Yukon Council together with the dale of the appointment of such persons to such office. Knish™'* (2-) The Clerk of the Territorial Court shall forthwith Territorial fumish the Territorial Secretary with a list of persons so y^iSi enrolled as advocates. 1902 LEGAL PROFESSION Cap. 47 393 (3.) The Territorial Secretary shall, upon production of Territorial the certificate of the Territorial Court hereinafter provided to enter^ for, that any person is entitled to be called to the Bar as a persons Barrister and admitted to practice as a Solicitor in said certificate Court, cause the name of such person to be entered on the f™"' <=ourt. said Eioll with the date of such entry : (4.) If any name is improperly omitted from or inserted Mistakes in in said Roll, or if any mistake occurs in any name on such corrected. Roll, the Territorial Court may, upon proper notice being given, cause such name to be added to, or struck from such Roll, or to be properly corrected, and the Territorial Secre- tary shall add. strike off or correct such name in the manner directed by the Court, and shall note opposite the name affected, the date and authority for the change. (5.) The Roll prepared by the Secretary shall be and re- ^°Tg'j.'r^to^fPi* main deposited with the said Secretary and shall be open to secretary""^ inspection by any person upon payment of a fee of fifty cents. (6.) The Clerk of the Territorial Court shall keep on file Clerk of the at his office at Dawson, in said Territory, a copy of the said keep copy. Roll, with the additions, alterations and changes made therein from time to time, and such copy shall be open to inspection at all reasonable times at the said office. (7.) Until such Roll is prepared by the Territorial Secre- Until roil tary, the Roll of Advocates prepared by, and in the custody ^feX of the of, the Clerk of said Court, shall be the Roll of Barristers courts roll to and Solicitors in the Yukon Territory. (8.) "Whether any person is enrolled as a Barrister and Copy of roll Solicitor or not shall be sufficiently proved by production of t° be evidence. the copy of the Roll in the custody of the Clerk of the Court or by production of a certificate of the Territorial Secretary as to the fact. No. 33 of 1901, s. 3. ADMISSION OF BARRISTERS AND SOLICITORS. 4. In addition to the persons entitled at the time of com- Additional^ ing into force of this Ordinance to be enrolled as Barristers admitted. ^ and Solicitors, as provided in the next preceding section of this Ordinance, every person who is a British subject of . the age of twenty-one years and upwards, and of good moral character, and possesses any one of the following qualifica- tions, that is to say : (a.) Is a Member of the Bar of England, Scotland or Ire- g^™*^^?(.°^„ land (excluding the Bar of Courts of merely local jurisdic- tion), or, (b ) Has been duly called to the Bar of any of His Barristers Majesty's Superior Courts in any of His Majesty's Provinces provinces or or Territories of the Dominion of Canada, or, (c.) Has duly served under articles of Clerkship for a Stadents^who period of three years in any such Province with a duly three years qualified Barrister of such Province, and has passed the ex- in Province 394 Cap. 47 CONSOLIDATED ORDINANCES 0. 0, and j)aesed examinations. Barristers of any other colony. Articled clerks who have served three years and {)assed examinations. Notice of application for admission to be published. animations and possesses the other qualifications entitling him to be called and admitted to such Bar, or, {d.) Has been called to the Bar of any of His Majesty's Dominions or Colonies, and would, by reason thereof, be entitled to admission to the Bar in any of His Majesty's Pro- vinces of the Dominion of Canada, or, (e.) Has passed the prescribed preliminary and final ex- aminations and has served under articles of clerkship for a period of three years after filing such articles with the Ter- ritorial Secretary, or, (/.) Has passed the preliminary examination prescribed in any Province or Territory of Canada and has served un- der articles of clerkship in such Province or Territory time which would be counted on the time of service required in such Province or Territory for admission to the Bar thereof and has also served under articles of clerkship in the Yukon Territory, after filing such articles with the Territorial Secretary, such time as together with the time so served in such Province or Territory equals three years, and has passed the prescribed final examination, shall be entitled to a certificate from the Territorial Court that he is entitled to be enrolled as a Barrister and Solicitor. (2.) Such certificates shall be signed by the Clerk of the Court and sealed with the seal of the Court. (3.) The Court may allow as part of the time of service under articles of clerkship required by this section, time spent by a clerk at a recognized law school of such stand- ing as the Court deems satisfactory. No. 33 of 1901, 34. 5» No such certificate shall be granted by the Court unless notice of application thereof has been given by publication of such notice in the Yukon Official Gazette for two consecu- tive weeks before such application. Such notice shall state the nanie and residence of the person seeking a certificate, the qualification upon which he relies, and the time and place at which the application will be made. Provided that this section shall not apply to any articled clerk who has passed the prescribed final examination in this Territory. No. 23 of 1 901, s. 4. No. 14 of 1902. Fee to be paid. 6. Before any person is enrolled by the Secretary such person shall pay to the Territorial Treasurer a fee of fifty dollars, and shall satisfy such Secretary that such payment has been made. No. 23 of 1901, s. 6. Other articled clerks to be admitted. T. Any person who has become an articled clerk under any Ordinance in force in the Yukon Territory before the passing of this Ordinance, shall be entitled to be, enrolled as a Barrister and Solicitor upon completing the term of ser- vice prescribed by such Ordinance if he has passed the ex- amination, and produces the evidence of educational attain- 1902 liKGAL PROFESSION Cap. 47 ment that lie would have been required to pass and produce under such Ordinance, upon producing to the Secretary a certificate to that effect of the Territorial Court and paying the fee prescribed by such Ordinance. No. 33 of 1901, s. 7. 8« In case any person gives evidence of such educational in other cases attainments and service in the office of a Barrister and Soli- Sy^^o^^suS^ citor of the Yukon Territory, whether in active practice or ^ienoy of ser- occupying an official position in said Territory, whether un- '"°^' der articles or otherwise, or of a coarse in a law school, as in the opinion of a judge of the Territorial Court, are equiva- lent to the preliminary examination and service required by this Ordinance, and passes the final examination prescribed for articled clerks, the said judge may recommend the admis- sion of such person as a Barrister and Solicitor, and the Court upon the production of a certificate in writing from the said judge to such effect, and a certificate of his having passed such final examination, may admit such person as a Barris- ter and Solicitor notwithstanding the non-compliance of such person with the requirements contained in section 4 of this Ordinance. No. 14, 1902, s. 2. 9. No person shall be called to the Bar as a Barrister or No person to admitted to practice as a Solicitor in the Territorial Court except°as save in accordance with the provisions of this Ordinance, provided No. 33 of 1901, s. 8. ^^'^'°- OATH OF BARRISTER AND SOLICITOR. 10. Before any person enrolled as a Barrister and Solici- Oath to be tor begins the practice of his profession as such he shall be ^^^^^' presented to the Court by a Barrister in good standing and shall in open Court take the oath set out in the schedule to this Ordinance. Such oath shall be administered by the Clerk of the Court. No. 38 ol 1901, s. 9. ANNUAL FEE. 11« There shall be due and payable annually by every Anuuaifee. practising Barrister and Solicitor to the Territoral Treasurer on or before the thirtieth day of June in each year the sum of twenty-five dollars, and each such Barrister and Solicitor shall obtain from the said Treasurer and file with the Terri- torial Secretary on or before said date a receipt for said sum. (2.) Upon presentation of such receipt the said Secretary certificate to shall issue to the practising Barrister and Solicitor present- be given on ing the same a certificate stating that such Barrister and annuaTfee. Solicitor is entitled to practice within the Yukon Territory for one year from the thirtieth day of June of the year in which the certificate is issued. 396 Gap. 47 CONSOLIDATED ORDINANCES 0. Penalty for practicing without taking out annual certificate. Form of certificate. (3.) If any Barrister and Solicitor, or any member of any firm of Barristers and Solicitors, either in his own name or in the name of the firm, or in the name of any person or persons practices the profession of law in the Yukon Terri- tory, or any of the Courts thereof, without having taken out a certificate for the current year, as directed by this section, he shall .for every such offence be liable to a penalty of one hundred dollars, and shall be, after the thirtieth day of June on or before which such payment is due, disqualified from the practice of such profession until the said sum of twenty- five dollars and the said penalty of one hundred dollars are paid to the said Treasurer and a certificate obtained from the Territorial Secretary as aforesaid. Such certificate shall be in force only from the thirtieth day of June, on or be- fore which such sum of twenty-five dollars was due and payable. (4.) Such certificate may be in the form in the schedule to this Ordinance. No. 33 of 150, s. 10. Liat of subjects to be prepared by judges. 12. The Jiidges or a Judge of the Territorial Court shall prepare, wheneAJ^er application is made to them for that pur- pose, a list of subjects for examination of persons seeking to become articled clerks, and also a list of subjects for persons seeking to pass the final examination for admission to the bar. Such list shall contain the text books upon which the respective candidates shall be examined. (2.) Any such person may make application to the Court by directing a notice to the Clerk of the Court, giving his name and address and stating which of the examinations he desires to pass. (3.) The Judges or a Judge may at any time before any such application is made, prepare and publish, by posting in the office of the clerk of the Court, such lists of subjects, and in such case no application or further preparation or publication shall be necessary. No. 33 of 1901, s. 10. Annual examination. 13. There shall be an examination held annually of per- sons seeking to be enrolled as articled clerks and of persons seeking to be enrolled as Barristers and Solicitors. Such examinations shall be conducted by one or more examiners, appointed by the Commissioner of the Yukon Territory, and shall be held at such time in the month of September and at such place or places as the Commissioner directs. (2.) Every such person shall give notice of his intention to take any such examination to the Territorial Secretary, not later than the twenty-fifth day of August preceding such examination. (3.) The Commissioner may at any time direct that a special, additional or supplemental examination of any such person be held. No. 33 of 1901, s. J 1. 1902 LEGAL. PEOFESSION Cap. 4l 39*7 ARTICLED CLERKS. 14. Before any person is entitled to be enrolled as an Preliminary articled clerk lie shall pass the prescribed preliminary ®''^'"™**'°"- examination, and shall be bound by contract, in writing, to serve as a clerk to a duly qualified Barrister or Solicitor practicing in the Yukon Territory. (2.) Such contract, with a declaration of the execution Articles to be thereof by the parties, thereto, shall within three month ^^^'^■ after the execution of such contract be filed with the Ter- ritorial Secretary. The Secretary shall indorse upon such contract the memorandum of the date of filing. (3.) Every assignment of such contract, together with a Assignment declaration of the execution thereof, shall be filed within bemed!^''*° three months after the execution of such assignment. Every such declaration shall show that the Barrister and Solicitor with whom the clerk is articled is in good stauding and shall also show that such contract or assignment was executed by the several parties thereto and shall state the name of every such party and his place of abode, and shall also state the day on which such contract or assignment was actually executed by the parties thereto. (4.) The Legal Adviser forthe Commissioner of the Yukon Legal adviser Territory and for the Yukon Council shall be deemed a qualified^ duly qualified Barrister and Solicitor practising in the Barrister. Yukon Territory, No. 33 of 1901, s. 12. 15. The Territorial Secretary shall enter upon a roll, to f^°|gj°*^giey]j.g be called The Eoll of Articled Clerks, the name, residence, and addition of every articled clerk whose articles have been filed with him and who has also filed a certificate of the examiner appointed as aforesaid of such clerk having passed the preliminary examination ; such roll shall show the date upon which the articles of every clerk were filed, the date of any assignment of such articles and the date of entry of the name of such clerk on such roll. No, 38 of 1901, s. 13. 16. No Barrister and Solicitor shall have under such No Barrister articles as aforesaid more than two clerks at one time, nor *han tw"™^ shall he have any such clerk after he has discontinued articled clerks. practising his profession or while he is employed as a clerk by any other Barrister or Solicitor. Services by a clerk in contravention of this section shall not be deemed service under this Ordinance. No. 33 of 1901, s. 14. 17. If any Barrister and Solicitor, before the termination Articles may of the articles of a clerk bound to him becomes bankrupt ^rassTgnefon or insolvent, or discontinues practice, or becomes or is ^^*'^f>'®J'^ employed as a clerk by any other Barrister and Solicitor, or prSfe." dies, the Court may, upon application of the clerk so bound. 398 Cap. 4:1 CONSOLIDATED ORDINANCES 0. 0. Clerk may enter into other articles for balance of term. Time to count only from date of filing articles or assig^nment. permit such articles to be discharged or assigned to such other person upon such terms and in such manner as the Court shall state. No. 33 of 1901, s. 15. 18. "Whenever any such articles as aforesaid have been discharged as aforesaid or cancelled by consent of the parties thereto, or determined by the death of a Barrister and Solicitor, the clerk may be bound by other articles in writing to serve as a clerk to any other practising Barrister and Solicitor during the residue of the term for which he was bound by such first mentioned articles and service under such second articles subject to the provisions herein contained shall be as effectual for the purpose of this Ordi- nance as if such service had been performed under the first articles. No. 33 of 1901, s. 16. 19. If any such articles or assignments, with a statutory declaration or declarations in respect thereto hereinbefore required are not filed as aforesaid within the time herein- before limited therefor, the same may afterwards be filed with the said Secretary, but the service of the clerk shall be reckoned only from the day of such filing unless the Court in its discretion for special reasons otherwise orders. No. 33 of 1901, s. 1*7. Court to have same powers over Barristers as Supreme Court of Judicature in England. DISCIPLINARY. 20. All Barristers and Solicitors shall be ofiicers of the Territorial and other Civil Courts of the Territory, and the Territorial Court, or any Judge thereof shall possess and exercise the same powers and jurisdiction over' and in respect of such Barristers and Solicitors as at the time of the passing hereof is possessed by the Supreme Court of Judi- cature in England over and in respect of Solicitors of the said last mentioned Court. No. 33 of 1901, s. 18. Barrister not to act as agent of unqualified person. 21» No Barrister and Solicitor shall wilfully and know- ingly act as the professional agent of any person not duly enrolled and qualified to act as a Barrister and Solicitor or suffer his name to be used in any such agency on account of or for the profit of an unqualified person, or send any process to such person, or do any other act to enable such person to practice in any respect as a Barrister and Solici- tor, knowing him not to be qualified, and no Barrister and Solicitor shall enter into any partnership, agreement or ar- rangement in the nature of a partnership, or into any agree- ment or arrangement for sharing or dividing costs, proceeds or profits, or the fruits of any litigation or of any legal business transacted by such Barrister and Solicitor with any person not duly enrolled and qualified to practice as a Barrister and Solicitor in the Yukon Territory. No. 13 of 1901, s. 19. 1902 LEGAL PROFESSION Cap. 4*7 399 22. The Legal Adviser shall inquire into and thoroughly Lepai adviser investigate any complaint made to such Legal Adviser by eomTkint?''^ any person against any Barrister or Solicitor for any just made against cause whatsoever, or against any person for any violation ^'^''™''^'^- of any of the provisions of this Ordinance, and it shall be the duty of such Legal Adviser to whom such complaint is made if the same is well founded, to take such proceedings for disciplining or otherwise punishing such Barrister and Solicitor or other such person in the manner provided therefor in this Ordinance. No. 33 of 1901, s. 20. 23. If, upon application, at the instance of any person. Proceedings supported by affidavit made to the Court, it shall prima BMrmter for facie appear that a Barrister and Solicitor has been guilty unprofessional of professional misconduct or of conduct unbecoming a '^°"'^"'''^- Barrister and [Solicitor, or for default by him in payment of moneys received by him as a Barrister and Solicitor, or has been guilty of such misconduct as would, in England, be sufficient to bring a Solicitor under the punitive powers of the Supreme Court of Judicature, or has been guilty of any breach of the provisions of this Ordinance, the Court shall cause notice to be given to such Barrister and Solicitor, calling upon him to answer the facts, and at the time appointed by such notice shall hear the complainant and the Barrister and Solicitor, and any evidence adduced by them or either of them, and if the Court finds the complaint well founded it may direct that the name of such Barrister and Solicitor be struck off the roll of Barristers and Solicitors, or may suspend such Barrister and Solicitor from practising for such period as may be considered just. No. 33 of 1901. s. 21. 24. The Court may order that notice of any application Court may made under the next preceding section be given by the application^ to^ complainant to the Legal Adviser, and to such other person be given Legal or persons as the Court thinks proper, and the Legal ^^viser. Adviser or the person or persons so notified, may appear in person or by Barrister and Solicitor on such application, and the conduct of such application may be entrusted by the Court to the Legal Adviser. No. 33 of 1901, s. 22. 25. In any application to the Court under the provisions Name of of the next three preceding sections the name of the Bar- to^[,e'hfse"ted rister and Solicitor complained of shall be suppressed and on proceedings all proceedings shall be headed : " In the matter of — , ^^^^^'urT."^"'"^ a Barrister and Solicitor " until the Court directs the in- sertion of the name of such Barrister and Solicitor. No. 33 of 1901, s. 23. 26. Whenever any Barrister and Solicitor is struck off when the Roll of Barristers and Solicitors or suspended from ^%ck'otf roiia practising, the Clerk of the Court shall certify the same or suspended 400 Cap. 4:7 consolidated ordinances C. 0. Clerk of Court under his hand and seal of the OoiiTt to the Territorial Teiritomi Secretary, who shall file such certificates and shall make a Secretary. note Opposite the name of such person on the said Roll of his having been struck off' the same or suspended (as the case may be), and in case of suspension, the time of such suspension. No. 33 of 1901, s,[24. Privilege of 27. Upou a Barrister and Solicitor being struck off" the SSe raVe*inK ^^^^ ^® aforesaid, all his rights and privileges as a Barrister struck off roll, and Solicitor shall cease and determine, or in case he is suspended, he shall, during the period of his suspension possess no rights or privileges as a Barrister and Solicitor, and notice of his being struck off the roll or suspended shall forthwith be given by the Secretary to the Judges of the Territorial Court. No. 33 of 1901, s. 25. Court may ^** The Territorial Court may, on application made for order that purpose, and when in the opinion of such Court the struck*off rolls ^''i^sequent conduct of the Barrister and Solicitor, or the toberesto;ed. factp Warrant it, order the name of any Barrister and Solici- tor struck off the Roll to be restored thereto upon such terms as to the payment of money or otherwise as the Court directs, and in such case the Clerk of the Court shall certify the same under his hand and the seal of the Court to the Territorial Secretary, who shall file such certificate and make a note opposite the name of such person on the said Eoll of his having been restored thereto. No. 33of 1901, s.[26. Notice of 29* Notice of such application shall be given to the be'givento '° Territorial Secretary and such other person or personsjas Territorial the Court or a Judgc upou cx parte application directs and Secretary. ^j^g person SO notified may, in person or by Barrister and Solicitor appear aud oppose or consent to such application. No. 33 of 1901, s. 2*7. Banister to 30. Provided that before being entitled to be restoredjlto arr^OTs beTore *^® ^o\\ hereunder such person whose name is sought to be being restored lestored shall pay all arrears of fees due by him to the said to roll. Treasurer, including the fees for the period which has elapsed since he was struck off the Eoll. No. 33 of 1901, s. 28. Articled clerk 31. Whenever a person being an articled clerk shall be unprofeLionai ^^^^^ ^7 ^hc Court or a Judge, after due inquiry, to have conduct to be been, either before or after the coming into force of this struck off roll. Ordinance guilty of professional misconduct or conduct un- becoming an articled clerk, it shall be lawful for the Court or Judge to strike the name of such clerk from the roll of articled clerks. No. 33 of 1801, s. 29. No one to 32. No pcrsou other than Barristers and Solicitors duly practice qualified and admitted to practice in the Yukon Territory 1902 LEGAL PROFESSION Cap. 4*7 401 shall act as Barrister and Solicitor in. the Yukon Territory except or practice in any Court in the said Territory, or advise for fntoe1'on'^r"on fee or reward, directly or indirectly in matters pertaining to the law, or sue out any writ or process, or commence, carry on, solicit or defend any action or proceeding in any such Court, or assume to act or hold himself out to the public in any way as a person qualified to act as a Barrister or Solicitor, or shall in this Territory hold himself out with the object of obtaining legal practice in the Territory to be a Barrister at Law, Advocate. Solicitor or Attorney of any other Province, Territory or country, or be, or hold himself out as a partner or agent of any Barrister or Solicitor, or participate in the profits, as profits of the office, or any business of any Barrister or Solicitor of the Yukon Terri- tory carried on or transacted as snch Barrister or Solicitor, and any person contravening any provisiqn of this section or assisting any person to contravene any provision of this section, shall be liable to and shall pay a fine or penalty ( f not less than three htindred and not more than five hundred dollars for the first offence, which fine or penalty may be imposed iipon summary conviction by any justice of the peace upon an information being laid in the name of the Bar of the Yukon Territory, upon the oath of the Secretary thereof that he is informed and believes that the person charged has committed the acts alleged, or may be recovered by action brought by the Territorial Secretary in the Territorial Court, and such person, if a Barrister and Solicitor, shall be struck off the Eoll, and for every subse- quent offence such person contravening any provision of this section or assisting any person to contravene any pro- vision of this section, shall be liable to and shall pay a fine or penalty of five hundred dollars, to be imposed or recoverd as aforesaid, and if a Barrister and Solicitor shall be struck off the Roll and disqualified from practising as a Barrister and Solicitor. (2.) Any contravention of any provision of this section Contravention shall constitute a contempt of court and may be dealt with to be contempt by the Territorial Court as such. »* Court. (3.) Any person doing any of the acts prohibited by this Barrister not section shall be incapable of recovering any fee, reward or collect fees or disbursement on account thereof, and any sum paid to such disbursements person therefor may be recovered back by the person pay- ing the same. (4.) This section shall not be deemed to prevent any prsonSg* person acting on his own behalf in any action, cause, suit in Wa own or matter. No. 33 of 1901, s. 30. '''''^'^• 33. The Legal Adviser may institute or authorize the Legal adviser o ,. -I ,-\ • r\ 3- £ 'n'^y institute institution of any proceedings under this Urdmance lor any proceedings. breach of its provisions. No 35 of 1901, s. 31. 26— y. o. 402 Cap. 47 OONSOIilDATED ORDINANCES 0. o. SCHEDULE. Oath British subject. OATH OF BAERISTEE AND SOLICITOB. I, A. B., do swear (or being one of the persons allowed by law to af&rm in judicial cases, do affirm) that I am a British subject by birth (or naturalization as the case may be) and that I am of full age of twenty-one years. So help me Grod. Oath of allegiance. Oath of Barrister. I, A. B., do sincerely promise and swear (or affirm) that I will be faithful and bear true allegiance to His Majesty, King Edward VII., as lawful sovereign of Great Britain and Ireland and of the Dominion of Canada, dependent on and belonging to the said United Kingdom, and that I will defend him to the utmost of my power against all traitor- ous conspiracies and attempts whatever which shall be made against his power. Crown and Dignity ; and that I will do my utmost endeavour to disclose and make known to His Majesty, his heirs and successors, all treason and traitorous conspiracies and attempts which I shall know to be against him or any of them, and all that I do swear (or affirm) without any equivocation, mental evasion or secret reservation. So help me God. The proper officer under the direction of the court shall say to the barrister : " You are called to the degree of barrister to protect and defend the rights and interests of such persons as may employ you. You shall conduct all causes faithfully and to the best of your ability. You shall neglect no man's interest nor "seek to destroy any man's property. You shall not be guilty of champerty or maintenance. You shall not refuse causes of complaint reasonably founded, nor shall you promote suits upon frivolous pretenses. You shall not pervert the law to favour or prejudice any man, but in all things shall conduct yourself truly and with integrity. In fine the King's interests and your fellow subjects you shall uphold and maintain according to the constitution and laws of this Territory." To which the barrister shall answer : " All this I swear (or affirm) to observe. and perform to the best of my knowledge and ability. So help my God." " I, A. B., do further swear that I will truly and honestly demean myself in the practice of a solicitor according to the best of my knowledge and ability. So help me God." 1902 LEGAL PROFESSION Cap. 4*7 403 CERIFIDATE OF PAYMENT OF ANNUAL FEE. Yukon Territory. Annual Certificate No. This is to certify that has paid to the Territorial Treasurer under the provision of the Ordinance respecting the legal profession the sum of twenty-five dollars, and that the said is hereby entitled to practice as a barrister and solicitor in the Yukon Territory for one year from the thirtieth day of June, A.D. 19 . Dated , A.D. 19 . Territorial Secretary. 26J— Y. o. 404 Cap. 48 CONSOLIDATED ORDINANCES CO. CHAPTER 48. An Ordinance Respecting the Profession of Medicine and iSurgery. SHORT TITLE. Short title. 1. This Ordinance may be cited as Ordinance." No. 1 of 1898, s. 1. The Yukon Medical "The College of Physicians and Surgeons of Yukon Territory. " Members of college. Physicians and surgeons practising at date of Ordinance members. The council. Voters for council. COLLEGE OF PHYSICIANS AND SURGEONS. 2. The members of the medical profession shall be a body corporate under the name of "The College of Physi- cians and Surgeons of the Yukon Territory," and shall have perpetual succession as hereinafter provided, and a common seal with power to acquire, hold and dispose of chattel property and real estate for the purposes of this Ordinance, and to sue and be sued. No. 1 of 1898, s. 2. 3. Every person hereinafter registered under the pro- visions of this Ordinance shall be a member of the College. No. 1 of 1898, s. 3. 4. All persons duly licensed to practice at present as physicians and surgeons in the Yukon Territory and these latter will form the present college. No. 1 of 1898, s. 4. COUNCIL OF COLLEGE — ELECTION OF MEMBERS. 5. There shall be a Council of the said college of physi- cians and surgeons of the Yukon Territory to be appointed in the manner hereinafter provided for in this Ordinance and hereinafter referred to as " The Council." No. 1 of 1898, s. 5. 6. The persons entitled to vote at elections of members of the Council, shall be the persons who are duly and legally licensed to practice as physicians and surgeons in the said Yukon Territory, and registered as medical practi- tioners in pursuance of this Ordinance. No. 1 of 1898, s. 6. 1902 MEDICINE AND SURGERY Cap. 48 405 '7. No person shall be eligible to be elected a member of Members the Council at any election of the said Council, unless he is °' °°""''"- a member in good standing of the college aforesaid. No. 1 of 1898, s. 7. 8. The number of persons in good standing to be elected Five members as members of said Council shall be fiye, and the mode of election. election shall be by voting papers as hereinafter mentioned. No. 1 of 1898, s. 8. 9. The charge and conduct of elections shall be under the Elections for management of the Eegistrar of the Council. No. 1 of 1898, °™""''^- s. 9. 10. Elections shall be held at such time and place as Council to iix may be determined on by the Council. No. 1 of 1898, s. f^^ °^ ^^^''" 10. 11. Every person entitled to vote may vote for five per- Votes. sons. No. 1 of 1898, s. 11. 12. Sucb votes shall be given by closed voting papers, Method of to be mailed to each registered practitioner by the Registrar, ™*™s- at least ten days prior to the day ot the election, in the form of schedule 1 of this Ordinance, or to the like effect to be signed by the voter and delivered to the Registrar of such Council on any day of the days preceding" the day of elec- tion. Any voting papers delivered to the Eegistrar, during the respective times a:foresaid. shall be deemed delivered to him. No.l of 1898, s. 12. 13. The members for the time being of the Council of Scrutineers the College of Physicians and Surgeons shall appoint two ^e^t^^^g"* persons vfho shall, together with the Registrar of the Coun- cil, act as scrutineers at the election. On the day succeed- ing the day of the election, the voting papers shall be opened by the Registrar in the presence of the scrutineers. Count of votes who shall scrutinize and count the votes and keep a record thereof in a proper book, to be provided by said Council. No. 1 of 1898, s. 14. 14. The five persons elected shall be the members of the Members Council for the two years following the date of such election elected. and until their successors are appointed. No. 1 of 1898, s. 15. '''^™'- 15. Any persons entitled to vote at any election shall be Voters may entitled to be present at the opening of the voting papers ^^ ^* °°""*- at such election. No. 1 of 1898, s, 16. 16. In case of an equality of votes between two or more Equality of persons, which leaves the election of one or more of the ^°*®^- members of the Council undecided, then, the scrutineers shall 406 Cap. 48 CONSOLIDATED OBDINANCES 0. 0. forthwith put into a ballot box a number of papers with the names of the candidates having such equality of votes written thereon, one for each candidate, and the Registrar of the Council in the presence of the scrutineers, shall draw by chance from such ballot one or more of such ballot papers, sufficient to make up the required number, and the persons whose names are upon such papers so drawn, shall be such members. No. I of 1898, s, 17. Tees to be IT. No persou shall be entitled to vote at any election ^^ ■ other than the first unless his fees to the Council have been paid. No person shall be eligible for election unless quali- fied to vote at such election, and any votes cast for any person who is ineligible to be elected a member, shall be null and void, and the election shall be declared as if such votes had not been cast. No. 1 of 1898, s. 18. Excess of names. 18. In the event of any person placing more than five names on his voting paper, the first five that are eligible shall be counted. No. 1 of 1898, s. 19. Register to 19. The Registrar of the Council shall one month prior to be ma e. ^^^ ^,^^ ^^ wMch the election is held, make out an alpha- betical list or register of the medical practitioners who are entitled to vote at the election about to be held, and such register may then be examined at all reasonable times. In case any medical practitioner entitled to vote complains to the Registrar of the Council, in writing, of the improper omission or insertion of any name in said list, it shall be the duty of said Registrar, forthwith to examine into the com- plaint, and rectify such error if any there be ; and in case any person is dissatisfied with the decision of the said Registrar, he may appeal to a judge of the Territorial Court in a summary way, and the decision of such judge shall be final, and such list shall remain or be altered in accordance with such decision. No. 1 of 1898, s. 20. 20. The list or register so made out shall be held to be the register of persons entitled to vote. No. 1 of 1898, s. 21. 21. The members of the Council may, as to elections, make such regulations as they consider expedient, not con- trary to the provisions of this Ordinance, for regulating the procedure under this Ordinance. No. 1 of 1898, s. 22. Voting papers ^^' The votiug papers belonging to any election shall tobereturned. jjot be destroyed until after all petitions, in respect to such elections have been decided, but the same, together with all other papers in connection with the election, shall be retained by the Registrar. No. 1 of 1898, s. 23. Official register. Regulations, 1902 MEDICINE AND SUR&ERY Cap. 48 407 23. No petition against the return of any member shall Petition be entertained unless such petition is filed, with the Stion. Registrar of the Council, within thirty days after the elec- tion, and shall contain a statement of the grounds on which such election is disputed, and unless a copy of such petition is served upon the member whose election is disputed within thirty days of the date of the election. No. 1 of 1898, s. 24. 24. In case of any doubt or dispute as to the legality of Legal inquiry. the election of any member of the Council, it shall be lawful for the Council to hold an inquiry, and decide who is the legally elected member of the Council ; and the person whom they decide to have been elected sha.l be, and be deemed to be the member legally elected ; and if the elec- tion is found to be illegal, the Council shall have power to order a new election. No. 1 of 1898, s. 25. 25. The Council shall annually appoint a President, ^*°f^tg'|^^ Vice-President, Registrar, and such other officers as may *^ from time to time be necessary for the working of this Ordinance, who shall hold office during the pleasure of the Council ; and the said Council shall have power to fix by by-laws, or from time to time, the salaries or fees to be paid to such officers, and to a Board of Examiners hereinafter appointed. No. 1 of 1898, s. 26. 26. The Council shall appoint annually from among its Executive members an ' Executive Committee ' to take cognizance of, ''Q™™!**®®- and action upon, all such matters as may be delegated to it by the Council, or as may require immediate interference or attention between the adjournment of the Council and its next meeting ; and all such elections shall be valid only till the next meeting of the Council ; but the Committee shall have no power to alter, repeal or suspend any by-law of the Council. No. 1 of 1898, s. 21. 27. In case of the failure 'in any instance to elect the Vacancies. requisite number of duly qualified members of the Council, or in case of any vacancy caused by the death or resignation of any member of the Council, or by any other cause, then it shall be the duty of the remaining members to supply the deficiency by appointing to such vacant place or places, as the same may occur, any person or persons duly qualified, according to the provisions of this Ordinance to be elected as a member or members of the Council. No. lof 1898, s. 28. 28. The Council may make such rules and regulations Rules and at its first meeting as to the times and places of the future to^^eetingV^ meetings of the Council, and the mode of announcing the etc. same, as to the Council seems expedient, which rules and 408 Cap. 48 CONSOLIDATED ORDINANCES C. 0. Absence of President. Majority. Casting vote. regulations shall remain in force until altered at any subse- quent meeting ; and in the absence of any rule or regula- tion as to the summoning meetings of the Council, it shall be lawful for the President thereof, or in the event of his absence or death, for the Registrar to summon the same at such time and place as to him seems fit, by circular letter to be mailed to each member. (2.) In the event of the absence of the President from any meeting, the Yice- President, or in his absence, some other member to be chosen from among the members present, shall act as President. (3.) All acts of the Council shall be decided by the majority of the members present, not being less than three in number. (4.) At all meetings the President for the time being shall have a casting vote, but shall not have a deliberative vote. No. 1 of 1898, s. 29. Exemption 20. Every person who is now duly and legally licensed rom ee. ^^ practice shall be entitled to be registered under this Ordinance, without payment of any fee whatever. No. 1 of 1898, s. 30. Duties of registrar. Duties of re- gistrar. Persons eligible to register. 30. The Council shall cause to be kept by an of&cer appointed by them, and to be called the Registrar, a book or register, in which shall be entered the name of every person registered according to the provisions of this Ordin- ance, and from time to time the names of all persons who have complied with the enactments hereinafter contained, and with the rules and regulations made, or to be made by the Council respecting the qualifications to be required from practitioners of medicine, surgery or midwifery in the Territory, and those persons only whose names are inscribed in the book or register above mentioned shall be deemed to be qualified and licensed to practice medicine, surgery or midwifery in the said Yukon Territory, and such book or register shall at all times be open and subject to inspection of any person. No. 1 of 1898, ,s. 31. 31. It shall be the duty of the Registrar to keep his register correct in accordance with the provisions of this Ordinance, and the rules, orders and regulations of the Council, and he shall from time to time make the necessary alterations in the addresses or qualifications of the persons registered under this Ordinance, and the said Registrar shall perform such other duties as may be imposed upon him by the Council. No. 1 of 1898, s. 82. 32. The Council shall admit upon the register : (a) Any person who at the time of his application shall furnish proof that his name is on the register in G-reat Britain and Ireland. 1902 MKDICINE AND SURGERY Cap. 48 409 (6) Any person duly licensed by the proper authority in that behalf to practice medicine and surgery in any Province or Territory ol Canada or in any British colony; (c) Any person who shall produce from any recognized college or school of medicine and surgery a certifi- cate or certificates that he has taken a four year course of study, or a diploma of qualification from such recognized college or school ; provided also that the applicant shall furnish to the said Council satisfactoryi evidence of identification and pass before the members thereof, or such examiners as may be appointed for the purpose, a satisfactory examination touching his fitness and capacity to practice as a physician and surgeon, and provided that every applicant for such examination shall pay to the Registrar of the College of Physicians and Surgeons the sum of one hundred dollars towards defraying. the expenses of the examining board. No. 2 of 1898, s. 33. 33. Each member shall pay to the Registrar or to any Fees to be person deputed by the Registrar to receive it, such annual p*"^- fee as may be determined by by-law of the Council, not being less than five and not more than twenty dollars towards the general expenses of the College, which last mentioned fee shall be deemed to be a debt owed by each member of the College, and shall be recoverable with the costs of suit in the name of the College of Physicians and Surgeons of the Yukon Territory, in the Territorial court. No. 1 of 1898, s 34. 34. The members of the Council bhall, from time to time, By-laws, as occasion requires, make orders, regulations or by-laws for regulating the register to be kept under this Ordin- ance, and shall, from time to time, make rules and regula- Examinations tions for the guidance of the examiners, and may prescribe the subjects and modes of examinations, not contrary to the provisions of this Ordinance, as they deem expedient and necessary. No. 1 of 1898, s. 35. 35. If any registered medical practitioner shall be con- Misdemeanor. victed of any felony or misdemeanor, or shall after one inquiry be judged by the Council to have been guilty of infamous conduct in any professional respect, such Council Jj^P^^^o^j^gj may, if it sees fit, direct the Registrar to erase the name of such practitioner from the register, and the name of such person shall be erased from the register by him. No. 1 of 1898, s. 36. 36. Every person registered and duly licensed under the May sue for provisions of this Ordinance, shall be entitled to practice ^'''■"'^°®^- 410 Cap. 48 CONSOLIDATED ORDINANCES C. 0. Medicine and Surgery, including Midwifery, or any one of them, as the case may be, in the Territory, and to demand and recover in any court in said Territory, with full cost of suit, reasonable charges for professional aid, advice and visits, and the cost of any medicine or surgical appliance rendered or supplied by him to his patients. No. 1 of 1898, s. 37. Suits for ST. No duly registered member of the College of Physi- negiigence. cians and Surgeons of the Yukon Territory shall be liable to any action for negligence and malpractice, by reason of professional services requested or rendered, unless such action be commenced within one year from the date when in the matter complained of such professional services terminated. No 1 of 1898, s. 38. Alphabetical 3** The Registrar of the Council shall, from time to time, list of names, under direction of the Council, cause to be printed and published a correct register of .the names, in alphabetical order, according to the surnames, with their respective resi- dences, in the form set forth in schedule II of this Ordin- ance, or to the like effect, together with the medical titles, diplomas and qualifications, conferred by any college or body, of all persons appearing on the register, as existing on the day of publication and such register shall be called " The Yukon Territory Medical Register," and a copy of the register for the time being, properly attested by the Registrar or President shall be prima facie evidence in all courts and before all justices of the peace, and all others, that the persons therein specified are registered according to the provisions of this Ordinance and subject to the provi- sions of subsection (2) of this section. The absence of the name of any person from such copy shall be prima facie evidence that such person is not registered according to the provisions of this Ordinance. (2.) In the case of any person whose name does not appear in such copy, a certified copy under the hand of the Registrar of the Council, of the entry of the name of such person on the register shall be evidence that such person is registered under this Ordinance. No. 1 of 1898, s. 39. OFFENCES AND PENALTIES. Neglect to 39. Any person entitled to be registered under this register. Ordinance, who neglects, or omits to be so registered, shall not be entitled to any of the rights or privileges conferred by the registration under the provisions of this Ordinance, so long as such neglect or omission continues, and he shall be liable to all the penalties imposed by this Ordinance or any other Ordinance in force against unqualified or unre- gistered practioners. No. 1 of 1898, s. 40. 1902 MEDICINE AND StTRGKRY Cap. 48 4H 40. It shall not be lawful for any person not registered Penalty for to, practice medicine or surgery or midwifery for hire or ^^thout"^ hope of reward ; and if any person, not registered pursuant registering. to this Ordidance for hire, gain or hope of reward practices or professes to practice medicine, surgery or midwifery, he shall upon a summary conviction thereof before any justice of the peace, for any and every such offence be liable to a penalty not exceeding one hundred dollars. No. 1 of 1898, s. 41. 41. Any person who wilfully or falsely, pretends to be Miarepre- a physician, doctor of medicine, surgeon or general practi- ^'^"'**'°"- tioner, or assumes any titles, additions or description other than he possesses actually and is legally entitled to under this Ordinance, shall be liable, on conviction thereof, before a justice of the peace, to a penalty not exceeding one hundred dollars, nor less that fifty dollars. No. 1 of 1898, s. 42. 42. Any person not registered pursuant to this Ordinance Title who takes or uses any name, title, addition or description, to^de^ive. implying or calculating to lead people to infer that he is registered under this Ordinance or that he is recognized by law as a physician, surgeon or licentiate in medicine, sur- gery or midwifery, shall be liable upon summary convic- tion thereof before any justice of the peace to a penalty not exceeding one hundred dollars nor less than twenty- five dollars. No. 1 of 1898, s. 43. 43. No person shall be entitled to recover any charge in Fees cannot any court of law for any medical or surgical advice, or for ^^ collected. attendance, or for the performance of any operation, or for any medicine, which he may have prescribed, unless he is registered under this Ordinance, except in cases falling within the proviso to section 46 of this Ordinance. No. 1 of 1898, s. 44. 44. No person shall be appointed as medical ofiicer, phy- Must be sician or surgeon in any branch of the public service of the toxoid ^^ Yukon Territory or in any hospital or other charitable insti- Government tution, unless he is registered under the provisions of this ^^^^dicai office. Ordinance. No. 1 of 1898, s. 45. 45. No certificate required by any Ordinance in force, or certicate not that may hereafter be passed, from any physician or surgeon ^g'^g^.™'^^^ or medical practitioner, shall be valid, unless the person ™^'^ signing the same is registered under this Ordinance. No. 1 of 1898, s. 46. . 46. Any prosecutions under this Ordinance may be Prosecutions. brought or heard before any one or more of His Majesty's justices of the peace, and such justice or justices may 412 Cap. 48 CONSOLIDATED ORDINANCES C. 0. Burden of proof. award payment of costs in addition to the penalty ; and in case tlie penalty and costs awarded by him, or them, are not upon conviction forthwith paid may commit the offender to the common goal, there to be imprisoned for any term not exceeding one month, unless the penalty or costs are sooner paid. Provided that if it shall appear on any prosecution under this Ordinance that by reason of unfore- seen and sudden sickness or accident any person has needed medical or surgical treatment and that no medical practi- tioner qualified under this Ordinance then resided within ten miles of the place where such person needed treatment the judge or other presiding magistrate may dismiss any complaint against any person who under such circumstance rendered medical or surgical assistance and may order the costs to be paid by the complainant. No. 1 of 1898, s. 47. 47. In any prosecution under this Ordinance, the burden of proof as to registration shall be upon the person charged. No. 1 of 1898, s. 48, Certified copy, suflScient. 48. In all cases where proof of registration under this Ordinance referred to, is made, the production of a printed or other copy of the register certified under the hand of the Registrar of the Council for the time being shall be suffi- cient evidence of all persons, in lieu of the production of the original register ; and any certificate on such printed or other copy of the register, signed by any person in his capa- city of Registrar of the Council under this Ordinance shall be ;onma/acie evidence that such person is such registrar, without any proof of his signature, or of his being, in fact, such registrar. iNo. 1 of 1898, s. 49. 49. Every prosecution under this Ordinance shall be commenced within six months from the date of the alleged oflFence. No. 1 of 1898, s. 50. 50. The Council by an order signed by the President, having the seal of the Council appended thereto, may stay proceedings in any prosecutions under this Ordinance where it is deemed expedient. No. 1 of 1898, s. 51. Complainant. 51. Any person may be prosecutor or complainant under this Ordinance. No. 1 of 1898, s. 52. Prosecution within six months. Stay of proceedings. Tines, etc. 52. All fines and penalties imposed under any of the provisions of this Ordinance, and all moneys to be received and levied thereunder, shall after the receip.t thereof by the person authorized to receive the same, be 'forthwith paid by such person to the treasurer for the use of the college. No. 1 of 1893, s. 53. 1902 MEDICINE AND SURGERY Cap. 48 413 53. The words " legally qualified medical practioner " Legal or other words implying legal recognition of any person as . Every penalty Under this Ordinance shall be recover- H°"' , able with costs and mav be sued for and recovered in the recovered. -iiii i m . • t r^ same manner as a private debt by the Territorial Secretary or by any dental practitioner whose name is registered under this Ordinance in the Territorial Court and being recovered shall belong to the general revenue fund of the Yukon Territory. No. 32 of 1901, s. 21. Burden of 21. Upoh the trial of any action under the provisions of defend*an^t to" ^'^^^ Ordinance the burden of proof as to the right of defen- show right dant to practice dentistry or dental surgery in the Yukon to practice. Territory shall be upon the defendant. No. 32 of 1901, s. 22. 1902 PRACTICE OF DENTISTRY Cap. 49 419 22. No such action shall be commenced after one year Action. from the date of the offence or cause of action. No. 32 of ^^men°^d 1901, s. 23. GENERAL PROVISIONS. 23. Nothing in this Ordinance shall prevent any person Aid given in from giving necessary aid to any one in urgent need of it ; ^^^ "o* provided that such aid is not given for hire or gain nor the thfJordlnan^ giving of such aid made a business or wav of ffaininer a provided no livelihood. No. 32 of 1901, S. 24. charge made. 2^^— T. o. 420 Cap. oO CONSOLIDATED ORDINANCES C. 0- CHAPTER 50. An Ordinance respecting Chemists and Druggists. SHOET TITLE. Short title. 1. This Ordinance may be cited as the "Pharmaceutical Chemists' Ordinance." No. 25 of 1902, s. 1. REGISTERED QUALIFICATIONS. Pharmaoeu- ^' The Territorial Secretary shall cause to be i)repared a tieai Register, register to be called a " Pharmaceutical Register " for the Yukon Territory. No. 25 of 1902, s. 2. Names to be 3. He shall forthwith cause to be entered in such regis- entered in ^gj. i]^q (j^te of entry and name of : — ^^^^ ^' 1. Any person who shall produce satisfactory evidence that he has been engaged in the actual practice of the pro- fession or business of a chemist and druggist, or dispensing Persons who chemist, or apothecary in the Yukon Territory for at least twcfv^Ms'^^^'^ *^^ years prior to the passing of this Ordinance and who was then a resident of the Yukon Territory. Persons 2. Any person possessing a diploma or certificate of per- having missiou to practice as a pharmaceutical chemist in any part from British of His Majesty's dominions by any Pharmaceutical Associa- coUege. j;JQn qj. College of Pharmacy empowered by law to grant such diplomas or certificate. Persons 3. Any persou at the time of the passing of this Ordin- twryfars"^*^ ^^^® Serving or acting as clerk in any drug store in the Yukon Territory who has served two years with a regis- tered pharmaceutical chemist carrying on business in the Yukon Territory who has passed any examination pre- scribed by or under the provisions of this Ordinance and in all other respects complied with the provisions thereof and produces from such pharmaceutical chemist with whom he has served a certificate of service and good character. No. 25 of 1902, s. 3. Fee of $25 to 4. The Territorial Secretary shall enter in such register be paid. jjo person until he has paid to the Territorial Treasurer a, fee of $25. No. 25 of 1902, s. 4. 1902 CHEMISTS AND DRUGGISTS Cap. 50 421 5. From and after the 31st day of December, A.D. 1902, No person to no person shall carry on business in the Yukon Territory busine°s«niess as a pharmaceutical chemist unless his name has been en- registered. tered in such register under the provisions of this Ordin- ance. No. 25, of 1902, s. 5. 6- No name shall be entered in the register except the Name not to Territorial Secretary is satisfied by proper evidence that the ^^ -"gutless person claiming is entitled to be registered, and any entry Slid.™ ^'^ fraudently or incorrectly made may be erased by the Terri- torial Secretary. No. 25, of 1902, s. 6. 7. Upon any person being registered as aforesaid he shall Person be entitled to receive a certificate in Form B, in schedule 1 to^reoeivf hereto or to like efiect, signed by the Territorial Secretary certificate. and shall be entitled to a similar certificate annually upon payment of the annual fee as provided in section 14 of this Ordinance. No. 25 of 1902, s, 1. EXAMINATION OF STUDENT CLERKS. 8. The Commissioner may from time to time appoint a Commifesioner board of two or more examiners in pharmacy who shall pre- board^of"' pare all examination papers and make rules to govern the examiners. qualification, service and registration of clerks as qualified pharmaceutical chemists, subject however to the approval of the Commissioner. No. 25, of 1902, s. 8. 9» Every candidate for examination shall produce evi- Candidates dence that he has served at least two years in a drug store evidence'of in the Yukon Territory and shall pass an examination having served which shall embrace chemistry, pharmacy, botany, materia and paSd medica, reading and translating prescriptions and practical examinations. dispensing and such other subjects as may be prescribed under the provisions of this Ordinance, and upon producing the required certificates, shall be registered as a pharmaceu- tical chemist. No. ^5 of 1902, s. 9. 10. The examination referred to shall take place and be Examinations regulated by such rules and regulations as may be in force '^°"' •'es"!^*^^ at the time such examination is held, and all candidates for the same shall pay such fees as may be imposed by such rules or regulations. No. 25 of 1902, s. 10. 11. The board of examiners shall have authority no twith- Board to standing anything contained in this Ordinance to prescribe ^uljeots^ the subjects which candidates for competency shall be ex- amined in, and to establish a scale of fees to be paid by per- I'ix fees. sons applying for examination, subject, however to the ap- proval of the Commissioner. No. 25 of 1902, s. 11. 422 Cap. 60 CONSOLIDATED 0KDINANCE8 0.0. Certificate of examiners. 'Clerk.' 12. A certificate of the examiners recommending the reg- istration of any clerk as qualified and entitled to be regis- tered as a qualified pharmaceutical chemist shall entitle such clerk to be registered on payment of the registration .,.,.,.,.,.,.,.,., fee. (2.) " Olerk " under this Ordinance shall mean any per- son who has given notice in accordance with section 13 of this Ordinance. No. 25 of 1902, s. 12. SERVICE OF CLERKS — NOTICE. Clerks to give notice. What service to be allowed. Record of notices. 13. Every person who proposes to become entitled to be entered on the register by reason of services rendered as a clerk in the Yukon Territory, to be performed after the passing of this Ordinance shall give notice to the Territorial Secretary within two months after the passing hereof or the commencement of such service as a clerk and such notice shall state : (a) The name and place of business of the registered Tjhemist or drugjifist with whom he is serving ; (b) The date of commencement of his service ; (c) The full name and age of the person giving such notice; and (d) Similar particulars of any previous service claimed. (2.) Any person having before the passing of this Ordi- nance served as a clerk in the drug store of any registered druggist or chemist carrying on business as such in the Yukon Territory for a period of two years or under shall be allowed such service as if the same had been rendered after the passing of this Act, upon making satisfactory proof of such service. (3.) The Territorial Secretary shall keep a record of all such notices and of the particulars required to be set forth as provided in the next preceding section. No. 25 of 1902, s. 13. ANNUAL FEE. Annual fee. 14. Every person whose name is entered on the chem- ists' or druggists' register shall on or before the 80th day of June in each year pay the Territorial Treasurer a fee of flO and be entitled to a receipt therefor. No. 25 of 1902, s. 14 PHARMACEUTICAL CHEMISTS . — PRESCRIPTIONS. 6nly registered person to be pharmaceu- tical chemist. 15- Any person registered and no other shall be entitled a "Pharmaceutical Chemist" and no other except a phar- maceutical chemist as aforesaid or his clerk shall be author- ized to compound as aforesaid prescriptions of medical practitioners or other persons. No. 25 of 1902, s. 15. 1902 CHEMISTS AND DRUGGISTS Cap. 50 423 EEMOVAL OF NAME FROM REGISTER. 16. The Territorial Secretary shall erase from such re- Names of gister the name of every person who does not on or before persons not the 30th day of June in any year produce such receipt be OT^fed signed by the Treasurer, or other satisfactory evidence showing payment of such annual fee and the name of any such person may be re-entered on the register upon pay- ment to the Treasurer of a fee of $25 on the production of the receipt of the Treasurer therefor or giving other satisfactory proof of such payment to the Territorial Secre- tary. No. 25 of 1902, 6. 16. i 17. Any person who makes any false representation for Name of the purpose of securing the entry in the register of his making false name or in the course of applying to have his name entered repreBentation in the register shall forfeit the right to have his name '° ^^ ®''*^®''- entered in the register and if the same has been entered in the register it shall be erased therefrom and a note made by the Territorial Secretary of the cause of such erasure. No. 25 of 1902, s. 1*7. 18. Every registered pharmaceutical chemist who has if guilty of after due inquiry been adjudged or found by the board of ™jP|°^^^^°"*' examiners appointed by the Commissioner to be guilty of be erased infamous conduct in any professional respect, or, (2.) To have made any material misrepresentation to the Or of mis- Territorial Secretary in order to secure his name on the '^^p'^«^®"*^*i°" register, or, (3.) To have been convicted of any crime punishable by Orif^onvioted imprisonment in the penitentiary, shall forfeit the right to °^ ''"™®- have his name entered on the register and his name if entered shall be erased from the register and a note made therein by the Territorial Secretary stating the reasons for such erasure and thereupon his name shall be published in the Yukon Official Gazette as having been so erased. No. 26 of 1902, s. 18. PUBLICATION OF LIST. 19. The Territorial Secretary shall on or before the 10th List to be day of July in each year publish in the Yukon Official P^^'shed. Gazette a list of the persons whose names are entered in the chemists' and druggists' register and who are entitled to carry on business as pharmaceutical chemists. No. 25 of 1902, s. 19. SALE OF POISONS. 20. It shall be unlawful to keep Open any shop for dis- No person to pensing, retailing or compounding poisons other than those uniess'^""^ contained in schedule 3 hereto, or to assume the title registered. 424 Cap. 50 CONSOLIDATED ORDINANCES CO. Cannot recover price. "chemist and druggist" or " pharmaceutical chemist" or "druggist" or "pharmacist" or "apothecary" or "dis- pensing chemist " or " dispensing druggist " in any part of the Yukon Territory unless such person is registered under the provisions of this Ordinance. No, 25 of 1902, s. 20. 21. No person selling- any article or articles in violation of the provisions of this Ordinance shall recover any charges in respect thereof in any court of law or equity nor shall any branch drug business be carried on by a pharmaceuti- cal chemist unless he employs in it a duly registered phar- maceutical chemist. No. 25 of 1902, s. 21. Penalty. 22. ^^y person transgressing any other of the provisions herein contained or selling any poison in violation thereof shall, except as otherwise provided, on the first offence in- cur a penalty of $50 and costs of prosecution and for each offence subsequent to such conviction a penalty of $100 and costs of prosecution, to be recovered in a summary manner before any justice of the peace. No 25 of 1902, s. 22. PENALTIES — ONUS OF PROOF. Keeping shop. Pretending to be a chemist. Taking name. Advertising. Penalty for. 23. Every peffeon whose name is not registered under the provisions of this Ordinance who, — 1. Keeps open shop for the sale of any drugs or com- pounds any prescription for gain or hope of re- ward, or 2. Wilfully or falsely pretends to be a pharmaceutical chemist or to be registered under the provisions of this Ordinance ; or, 3. Takes or uses any name, title, addition or descrip- tion implying or calculated to lead people to infer that his name is registered under this Ordinance ; or, 4. Professes by public advertisement, card, sign or otherwise to be entitled to carry on business as a pharmaceutical chemist or to lead people to infer that he is so qualified in the Yukon Territory, shall be liable to a penalty of $50 and every day on which such offence occurs shall be deemed a separate offence. No. 25 of 1902, s. 23. What deemed *^^' The several articles named and described in poisons. schedules 2 and 8 hereof shall be deemed poisons within the meaning of the provisions of this Ordinance, and the board of examiners may from time to time by resolution signed by at least two declare that any other articles in such resolu- tion named ought to be deemed a poison with the meaning hereof, subject to the approval of the Commissioner and if such approval is given then the Territorial Secretary shall 1902 CHEMISTS AND DRUGGISTS Cap. 50 426 give notice of such, resolution and approval in the Yukon Official Gazette, and on the expiration of tv70 months after publication the article or articles named in the resolution shall be deemed to be a " poison " within the meaning hereof and the same shall be subject to the provisions here- in contained. No 25 of 1902, s. 24. 25« It shall be unlawful to sell any poison named in Unlawful to the first part of the said schedule 2 either by wholesale or unies^marked retail, unless the bottle, vessel, wrapper or cover in which such poison is contained is distinctly labelled with the name of the article and the word " Poison ;" and if sold by retail then also with the name and address of the estab- lishment in which such, poison is sold ; and it shall be un- lawful to sell any poison mentioned in the first part of schedule 2, to any person unknown to the seller, unless introduced by some person known to the seller ; and on every sale of such article the person actually selling shall before delivery make an entry in a book for that purpose in form in schedule 1 hereof, stating the date of such sale, the name and address of the purchaser, the name and quantity of the article sold, the purpose for which it is stated by the purchaser to be required, and the name of the person, if any, who introduced him, to which entry the the name of the purchaser shall be aflBixed ; (2) Any person selling the drugs mentioned in schedule 3 hereof shall also comply with the provisions of this section. No. 25 of 1902, s. 25. 26. Every person who wilfully procures or attempts to Penalty for procure his name to be registed under this Ordinance by ^ame"o be making or producing or causing to be made or produced registered any false representation or declaration, either verbally or in ^presentation writing and every person knowinglv aiding or assisting him therein shall be liable to a penalty of $200. No. 25 of 1902, s. 26. 27. Every penalty under this Ordinance shall be recover- Penalty may able with costs and may be sued for and recovered in the ^ ™^^ *°'- Territorial Court in the same manner as a private debt by any person whose name is registered under this Ordinance, and any sum so recovered shall belong to th.e person in- stituting such action or the same may be recovered in a summary manner before any justice of the peace. No. 25 of 1902, s. 27. 28. Upon the trial of any action or on any prosecution Defendant hereunder it shall be incumbent on the defendant or per- ^^^'j^f^J^^ son charged to prove that he is entitled to sell or keep open shop for compounding medicines or retailing poisons and to assume the title of chemist and druggist or other title to the like effect ; and the production of a certifi- 426 Cap. 50 consolidated ordinances C. 0. cate purporting to be under the hand of the Territorial Secretary showing that he is so entitled shall be prima facie evidence that he is so entitled. No. 25 of 1902, s. 28. Limitation 29. No action Or prosecution shall be commenced after ao ion. ^^g year from the date of the offence or commencement of the cause of action. No. 25 of 1902, s. 29. EXCEPTIONS FROM 0PER.4TI0N OF ORDINANCE. Not to *<*• Nothing herein contained shall extend to interfere interfere^with "with the privileges conferred upon physicians and surgeons p ysicians. ^^ ^^^ Ordinance relating to the practice of medicine and surgery in the Yukon Territory, and they may be registered as pharmaceutical chemists without undergoing any exami- nation ; nor shall it prevent any person whatever from selling goods of any kind to any person legally authorized to carry on business as an apothecary or chemist or druggist, or the profession of a doctor of medicine, physician or sur- geon, nor to any veterinary surgeons, nor to prevent the members of such professions supplying their patients such medicines as they may require ; and upon the decease of any person legally authorized and actually carrying on the business of chemist and druggist at the time of his death it shall be lawful for the executors, administrators or trustees of the estate of such person to continue such business so long only as such business shall be bona fide conducted by a pharmaceutical chemist. No. 25 of 1902, s. 30. SCHEDULE I, FORM A. NOTICE OF SERVICE BY CLERK. Take notice that I (A.B.) intend serving as a clerk in the drug store of , a registered pharmaceutical chemist carrying on business at in the Yukon Territory, that I commenced service on the day of A.D and that previously I served as clerk with a duly registered chemist carrying on business at in the Yukon Territory from the day of. A.D., 19 . Dated at in the Yukon Territorv this day of A D 1Q (Signed) Clerk. To the Territorial Secretary, Yukon Territory. 1902 CHEMISTS AND DRUGGISTS FOEM B.— Sec. 1, Cap, 50 42*7 CERTIFICATE OF REGISTRATION. I hereby certify that 0. D. being entitled to registration by having was on the day of ... A.D., 19 , duly registered as a pharmaceutical chemist and is author- ized to carry on business as a chemist and druggist in the Yukon Territory of Canada from the. . . . day of A.D. 19 ....to the day of A.D. 19 . (Signed.) * Territorial Secretary. (Seal.) SCHEDULE 1.— FOEM C— Sec. 25. POISONS SALES REGISTER. Date. Name and Address of Purchaser. Name and Quantity Poison Sold. Purposes for which Poison Sold. Signature of Purchaser. Signature of person Introducing Purchaser. Signature of SeUer. SCHEDULE 2.— Sec 24 and 25. LIST OF POISONS — PART 1. Aconite and its preparations. Arsenic and its preparations. Belladonna and its preparations. Cantharides. Corrosive sublimate. Cyanide of potassium and all metallic cyanides. Ergot of rye and its preparations. Essential oil of almonds unless deprived of prussic acid. Euphorbium. Opium and its preparations. Prussic acid. Savin and its oil. St. Ignatius bean. Strychnine and its preparations. Tartar emetic. Oxalic acid. Chloral hydrate. Chloroform and ether. Croton oil and seeds. 428 Cap. 50 consolidated ordinances 0. O. PART 2. Acetate of lead. Calabar beans. Carbolic acid. Elaterium. Goulard's extract. Hellebore. Henbane and its preparations. Iodine. Phosphorus. Eed and white precipitate. Yerdigris. Sulphate of zinc. SCHEDULE 3.— Sees. 20 and 21. Oantharides blister. Paregoric in original packages. Acetate of lead. Carbolic acid. Hellebore. Paris green. Eed precipitate. Sulphate of zinc. 1902 HOTEL KEEPERS * Cap. 51 429 CHAPTER 51. An Ordinance respecting Hotel and Boarding- House Keepers. SHORT TITLE. 1. This Ordinance maybe cited as " The Hotelkeepers' Shovt title. Ordinance." N.W.T., c. 66, s. 1. LIEN OF HOTEL OR UOARDIKG HOUSE KEEPER. 2. Any hotel, boarding or lodging house keeper may seize Right of and detain in his hotel, house, or on his premises, and before gf/e^of ""ud"*^ the same shall have been removed therefrom, the trunks offodgfr" and personal property of any person who is indebted to him bJ,ard*^d;c™ for board and lodging and shall be responsible for the safe °^^ ' keeping of the same ; and in addition to all remedies pro- vided by law he shall have the right in case the charges remain unpaid for three months after the seizure thereof to sell by public auction the baggage and property of such guest, boarder or lodger, so seized, on posting and keeping posted during the period of one week on the outside of the door of such hotel, boarding or lodging house a notice of such intended sale, stating the name of the guest, boarder or lodger, the am.ount of his indebtedness, a description of the baggage or other property to be sold, the time and place of sale, and the name of the auctioneer, and after such sale, such hotel, boarding or lodging house keeper may apply the proceeds of such sale in payment of the amount due to him as aforesaid and "the costs of such advertising and sale; and he shall pay over the surplus if any to the person en- Disposition titled thereto on application being made by him therefor; of surplus. and in case application therefor is not forthwith made he shall immediately pay the same to the Territorial Treasurer, to be kept by him for such owner for one year ; after which time if such owner has not previously claimed the amount so kept the same shall form part of the general revenue fund of the Territory. N.W.T., c. 56, s. 2. 3. No hotel, boarding or lodging house keeper shall have No lien for a right to detain the trunks or personal property of any one, liquors- or to have a lien thereon, for wines or spirituous or fer- mented liquors supplied to him or to any one else by his ord^r. N.W T., c. 56, s. 3. 430 Cap. 51 CONSOLIDATED ORDINANCES C. 0. LIABILITY OF HOTEL KEEPER. Limitation of liability of hotelkeeper in certain cases. Refusal of hotelkeeper to receive goods into safe custody. 4. No hotel keeper shall be liable to make good to any guest of such hotel keeper any loss of or injury to gGodsor property brought to his hotel (not being a horse or other live animal or any gear appertaining thereto or any carriage), to a greater amount than $200, except in the following cases, that is to say : 1. "When such goods or property shall have been stolen, lost or injured through the default or neglect of such hotel keeper or any servant in his employ; 2. When such goods or property shall have been deposited expressly for safe custody with such hotel keeper : Provided always that, in case of such deposit it shall be lawful for such hotel keeper if he thinks fit, to require as a condition to his liability that such goods or property shall be deposited in a box or other receptacle fastened and sealed by the person depositing the same. N.W.T., c. 56, s. 4. 5. If any hotel keeper shall refuse to receive for safe custody as before mentioned any goods or property of his guest, or if any such guest shall through any default of the hotel keeper be unable to deposit such goods or property as aforesaid, the hotel keeper shall not be entitled to the benefit of this Ordinance in respect of such goods or property. N.W.T., c. 56, s. 6. ORDINANCE TO BE POSTED. This Ordinance to be posted in hotels. 6. Every hotel keeper shall cause to be kept conspicuously posted in the office and public rooms in his hotel a copy of this Ordinance printed or plainly written, and he shall be entitled to the benefits of this Ordinance in respect of such goods or property only as sh all be brought to his hotel while such copy shall be so posted as aforesaid. N.W.T., c 56, s. 6, 1902 LIVKRY STABLE KEEPERS Cap. 52 431 CHAPTER 52. An Ordinance respecting Keepers of Livery, Boarding and bale btables. SHORT TITLE. 1. This Ordinance may be cited as " The Livery Stable Short title. Keepers' Ordinance." N.W.T., c. 51, s. 1. INTERPRETATION. 2. In this Ordinance unless the context otherwise interpretation requires : 1. The expression " livery stable keeper " means and in- "Livery eludes any person who for a money consideration or the ^'^^^^''^^p®''" equivalent thereof carries on the business of letting or hiring out carriages, sleighs or other vehicles, or horses or other animals, whether with or without a carriage, sleigh or other vehicle, and whether accompanied by an employee of the livery stable keeper or not ; 2. The expression "boarding stable keeper " means and "Boarding includes any person w^ho, for a money consideration or its stable keeper" equivalent, stables, boards or cares for any animal ; 3. The expression "sales stable keeper" means and in- "Sales stable eludes any person who stables, boards or cares for any '^^®^^^'' animal other than his own, with the intention of selling or disposing of the same, and who receives or is to receive payment for such services whether in the nature of a com- mission or otherwise. N.W.T., c. 51, s. 2. LIEV OF STABLE KEEPER — ENFORCEMENT. 3. Every livery stable, boarding stable or sales stable Lien on keeper shall have a lien on the animals and effects herein- gggX'^ ^"^ after mentioned for the value or price of any food, care, attendance or accommodation furnished for any such animal or effects and in addition to all other remedies provided by law may detain in his custody and possession any animal, Detention for vehicle, harness, furnishings or other gear appertaining indebtedness. thereto and the personal effects of any person who is in- debted to him for stabling, boarding or caring for such animal. N.W.T., c. 57, s. 3. 4. Every livery stable, boarding stable or sales stable Care of keeper, who has exercised the right of detention by this egeotf^*"*^ Ordinance provided shall be obliged to keep in his posses- detained. sion and be responsible for the proper care of any animal or effects detained by him for the full period of such detention unless they shall sooner be released ; and if the owner does not reclaim the animals and effects so detained by paying Sale by public the indebtedness in respect of the same within one month '^"°''™- from the commencement of such detention, the keeper Notice of sale. detaining may sell or cause the same to be sold by public auction on [giving two weeks' notice of sale by advertise- ment in the new^spaper published nearest to such stable, or 432 Cap. 52 CONSOLIDATED OKDINANCE8 C. O. if more tlian one newspaper is published in th.e same locality, then in either one and by posting up notices in the nearest post office and in the said livery or boarding stable of the intended sale, stating (if known) : (a.) The names of the owner and the person or persons who brought such animals or effects to the stable ; The amount of indebtedness and charges for de- (b.) tention (c.) (d.) A description of the animals and effects ; and The name of the seller. N.W.T., c. 51, s. 4. Application of proceeds of sale. Balance of proceeds if not claimed to be handed to Territorial treasurer. 5. The proceeds derived from such sale shall be applied ; (a.) In paying the expenses incurred by such detention, advertising and sale : (b.) In paying the debt for which such detention was made and the surplus if any shall be paid to the person entitled thereto on application being made by him there- for. N.W.T., c. 57, s. 5. 6. In case such owner does not apply for the same with- in one month from the day of such sale then such surplus shall be handed over to the Territorial Treasurer to be kept by him in a special trust account for one year, after which time if such owner does not appear or claim the amount so kept the same shall be paid over and belong to the general revenue fund of the Territory. N.W.T., c. 57, s. 6. Copy of Ordinance to be posted in stable. ORDINANCE TO BE POSTED. 7. It shall be the duty of every livery stable, boarding stable and sales stable keeper to have a copy of this Ordi- nance hung or posted in a conspicuous place in every such stable and in default of compliance with this section he shall not be entitled to the benefit of this Ordinance. N.W. T., c. 57, s. 7. stable to be thoroughly cleansed and disinfected twice every year. PERIODICAL CLEANSING OF STABLE. 8. Every livery stable, boarding stable and sales stable keeper in the Territory shall in each and every year in the months of April and October thoroughly cleanse all the stalls, mangers and feed boxes in such stable by thoroughly washing the same with soap and hot water and imme- diately afterwards thoroughly applying to every part of the same a solution of bichloride of mercury in the following proportions, namely, one half drachm to one gallon of water ; and the keeper of any such stable who shall fail during each of the months aforesaid in any year to cause such cleansing to be done shall for such default or omission on summary conviction before any justice of the peace be liable for the first offence to a fine of not more than $10 and to a fine of not more than $25 for every subsequent offence. N.W.T., c. 57, s. 8. 1902 MECHANICS' MENS Cap. 63 438 CHAPTER 53. An Ordinance respecting Liens in favour of Me- chanics and others. SHORT TITLE. 1- This Ordinance may be cited as " The Mechanics' Lien short title Ordinance:' N.W.T., c. 59, s. 1. inTERPRETATION. 2. In this Ordinance interpretation 1. The expression " contractor" means a person contract- "Contractor." ing with or employed directly by the owner for the doing of work or placing or furnishing of machinery or materials for any of the purposes mentioned in this Ordinance ; 2. The expression " sub-contractor " means a person not " Sub contracting with or employed directly by the owner for the Contractor." purposes aforesaid but contracting with or employed by the contractor or under him by another sub-contractor ; 3. The expression " owner " shall extend to and include "Owner." a person having any estate or interest in the lands upon or in respect of which the work is done or materials or ma- chinery are placed or furnished at whose request and upon whose credit or on whose behalf or consent or for whose direct benefit any such work is done, or materials or ma- chinery placed or furnished, and all persons claiming under him whose rights are acquired after the work in respect of which the lien is claimed is commenced or the materials or machinery furnished have been commenced to be furnished. N.W.T., c. 59, s. 2. LIEN FOR WORK OR MATERIALS. 3. No agreement shall be held to deprive any one other- Agreement as wise entitled to a lien under this Ordinance and not a*"^^™^' party to the agreement of the benefit of the lien but the Third party's lien shall attach notwithstanding such agreement. N.W.T., '■ig*'*^. c. 59, s. 3. 4. Unless he signs an express agreement to the contrary, Nature of Hen. every mechanic, machinist, builder, miner, labourer, con- tractor, or other person doing work upon or furnishing materials to be used in the construction, alteration or repair of any building or erection, or erecting, furnishing or plac- ing machinery of any kind in, upon or in connection with 28— Y. o. 484 Cap. 53 CONSOLIDATED ORDINANCES 0. 0. any building, erection or mine, shall, by virtue of being so employed or famishing, have a lien for the price of the work, machinery or materials, upon the building, erection or mine, and the lands occupied thereby or 'enjoyed there- with, limited in amount to the sum justly due to the person entitled to the lien. N.W.T. c. 59, s. 4. Property upon which lien shall attach. Where estate charged is leasehold. Prior mortgage. 5. The lien shall attack upon th^e estate and interest of the owner, as defined by this Ordinance, in the building, erection or niine, in respect of which the work is done or the materials or machinery placed or furnished and the land occupied thereby or enjoyed therewith. (2) In cases where the estate or interest charged by the lien is leasehold, the land itself may also with the consent of the owner, thereof be subject to said lien provided such consent is testified by the signature of such owner upon the claim of lien at the time of the registering thereof and duly vertified. (3) In case the land upon or in respect of which any work as aforesaid is executed or labour performed or upon which materials or machinery are placed is encumbered by a prior mortgage or other charge and the selling value of the land is increased by the construction, alteration or materials or machinery, the lien under this Ordinance shall be entitled to rank upon the increased value in priority to the mortgage or other charge. N.W.T. c. 69, s. 5. Claim for wages. 6. Without prejudice to any lien which he may have under the preceding sections every mechanic, labourer or other person who performs labour for wages upon the con- struction, alteration or repairs of any building or erection or in. erecting or placing machinery of any kind in, upon or in connection with any building, erection or mine shall to the extent of the interest of the owner have upon the building, erection or mine and the land occupied thereby or enjoyed therewith a lien for such wages, not exceeding the wages of thirty days or a balance equal to his wages for thirty days. (2) The lien for wages given by this section shall attach when the labour is in respect of a building, erection or mine on property belonging to the wife of the person at whose instance the work is done, upon the estate or interest of the wife in such property as well as upon that of her husband. N.W.T. c. 59, s. 6. Owner to retain 10% of contract price for 30 days. T. In all cases the owner shall in the absence of a stipu- lation to the contrary be entitled to retain for a period of thirty days after the completion of the contract ten per centum of the price to be paid to the contractor. N.W.T. c 59, s 1. 1902 mechanics' liens Cap. 63 436 *• In case the lien is claimed by a sub-contractor the ^i^n claimed amount which may be claimed in respect thereof shall be contractor. limited to the amount payable to the contractor or sub-con- tractor (as the case may be) for whom the work has been done or the materials or machinery have been furnished or placed. N.W.T. c. 59, s. 8. 9. All payments up to ninety per centum ol the price to Payments be paid lor the work, machinery or materials as defined by StfwMout section 4 of this Ordinance, made in good faith by the notice of Ken. owner to the contractor, or by the contractor to the sub-con- tractor, or by one sub-contractor to another sub- contractor, before notice in writing by the person claiming the lien has been given to such owner, contractor or sub-contractor (as the case may be) of the claim of such person, shall operate as a discharge pro tanto of the lien created by this Ordinance, but this section shall not apply to any payment made for the purpose of defeating or impairing a claim to a lien existing or arising under this Ordinance. (2) A lien shall in addition to all other rights or remedies given by this Ordinance, also operate as a charge to the extent of ten per centum of the price to be paid by the owner for the work, machinery or materials, as defi.ned by section 4 of this Ordinance, up to ten days after the com- pletion of the work or of the delivery of the materials in respect of which such lien exists and no longer, unless notice in writing be given as herein provided. (3) A lien for wages for thirty days, or for a balance equal to the wages for thirty days, shall, to the extent of the said ten per cent of the price to be paid to the contractor, have priority over all other liens under this Ordinance and over any claim by the owner against the contractor for, or in consequence of the failure of the latter to complete his con- tract. N.W.T. c, 59, s. 9. 10. Save as herein provided, the lien shall not attach so Lien not to as to-make the owner liable to a greater sum than the sum '§°^y^ ^f payable by the owner to the contractor. N.W.T. c. 59, s. 10„ o%vner. 11. All persons furnishing material to or doing labour Persons for the person having a lien under this Ordinance in respect agSfhe™'' of the subject of such lien, who notify the owner of the Uen holders. premises sought to be affected thereby, within thirty days after such material is furnished or labour performed, of an unpaid account or demand against such lien holder for such material or labour, shall be entitled, subject to the pro- visions of sections 6 and 9 of this Ordinance, to a charge therefor pro rata upon any amount payable by such owner under said lien ; and if the owner thereupon pays the amount of such charge to the person furnishing material and doing labour as aforesaid, such payment shall be deemed a satisfaction pro tanto of such lien. N.W.T. c. 59, s. 11. 28^— Y. o. 436 Cap. 53 CONSOLIDATED OBDINANCES CO. Disputes to be settled by action or arbitration. 12. In case of a dispute as to the validity or amount of an unpaid account or demand, of which notice is given to the owner under the next preceding section, the same shall be first determined by actionjin the Territorial Court in that behalf, or by arbitration in manner mentioned in section 14 of this Ordinance, at the option of the person having the unpaid account or demand against the lien holder ; and pending the proceedings to determine the dispute, so much of the amount of the lien as is in question therein may be withheld from the person claiming the lien. N.W.T. c. 69, s. 12. Faiiuretopay. IS. In case the persou primarily liable to the person giving such notice as mentioned in section 11 of this Ordinance, fails to pay the amount awarded within ten days after the award is made or judgment given, the owner, contractor, or sub-contractor may pay the same out of any monevs due by him to the person primarily liable as afore- said, on account of the work done or materials or machinery furnished or placed in respect of which the debt arose ; and such payment, if made after an award or judgment, or if made without any arbitration or suit having been previous- ly had or dispute existing, then, if the debt in fact existed, and to the extent thereof shall operate as a discharge pro tanto of the moneys so due as aforesaid to the person pri- marily liable. N.W.T., c. 59, s. 13. Arbitration of sub- contractor's claim. 14. In case a claim is made by a sub-contractor in respect of a lien on which he is entitled, and a dispute arises as to the amount due or payable in respect thereof, the same shall be settled by arbitration. (2) One arbitrator shall be appointed by the person mak- ing the claim, one by the person by whom he was employed, and the third arbitrator by the two so chosen. (3) The decision of the arbitrators or a majority of them shall be final and conclusive. , (4) In case either of the parties interested in any such dispute refuses or neglects within three days after notice in writing requiring him to do so, to appoint an arbitrator, or if the arbitrators appointed, fail to agree upon a third, the appointment may be made by a judge of the Territorial Court. N.W.T., c. 59, s. 14. Material affected by lien not to be removed. 15. During the continuance of a lien no portion of the property or machinery affected thereby shall be removed to the prejudice of the lien ; and any attempt at such removal may be restrained by application to the Territorial Court or a judge thereof. N.W.T,, c. 6!<, s. 15. 1902 mechanics' liens Cap. 53 437 REGISTRATION OF LIEN. 16. A claim of lien applicable to the case may be Registration deposited in the land'-titles office of the Yukon land regis- °f 'i™- tration district and shall state : (a) The name and residence of the claimant, and of the owner of the property to be charged and of the person for whom and upon whose credit the work is done or materials or machinery furnished and the time or period within which the same was or was to be done or furnished ; (b) The work done or material or machinery furnished ; (c) The sum claimed as due or to become due ; (d) The description of the property to be charged ; \e) The date of expiring of the period of credit agreed to by the lien holder for payment for his work, ma- terials or machinery where credit has been given. (2) Such claim shall be verified by the affidavit of the claimant or his agent. N.W.T., c. 59, s. 16. 17' A. claim for wages may include the claims of any Claim for number of mechanics, labourers or other persons aforesaid Umtfng who may choose to unite them, in such case each claimant several claims. shall verify his claim by his affidavit but need not repeat the facts set out in the claim and an affidavit substantially in accordance with form D in the schedule to this Ordinan- ce shall be sufficient. N.W.T., c. 59, s. 17. 18. The registrar upon payment of the proper fee shall ^'*™^ *° ^ enter and register the claim as an encumbrance against the incumtea^ce. land or the estate or interest in land therein described as provided in Tke Land Titles Act 1894. The said claim of lien may be described ?s a mechanics' lien. N.W.T., c. 59, s. 18. 19. Where a claim is so deposited the person entitled to Lien holder a the lien shall be deemed a purchaser pro tanto. N.W.T., c. ^"™^X 59, s. 19. 20. Where the lien is for wages under section 6 or 9 of Time for ■this Ordinance the claims may be registered : registration. (a) At any time within thirty days after the last day's labour for which the wages are payable ; or {b) At any time within thirty days after the completion of the construction, alteration or repair of the build- ing or ereption or after the erecting or placing of the machinery in or towards which, respectively, the labour Was performed and the wages earned but so that the whole period shall not exceed sixty days from the last day's labour aforesaid. (2) Such lien shall not be entitled to the benefit of the provisions of sections 6 and 9 of this Ordinance after the 438 Cap. 53 CONSOLIDATED ORDINANCES 0.0. Time for registration. said respective periods unless the same is duly registered before the expiration of the said periods so limited. (3) Such lien shall have the same priority for all purposes after as before registration, KW-T., c. 59, s. 20. 21.^In other cases the claim of lien may be deposited before or during the progress of the work or within thirty days from the completion thereof or from the supplying or placing the machinery. N.W.T., c. 59. s. 21. PROCEEDINGS TO REALiIZE LIEN. Actions to enforce unregistered lien. Time for. 22. Every lien which has not been duly deposited under the provisions of this Ordinance shall absolutely cease to exist on the expiration of the time hereinbefore limited for the registration thereof unless in the meantime proceedings are instituted to realize the claim under the provisions of this Ordinance and a certificate thereof (which may be granted by the court in which or judge before whom the proceedings are instituted) is duly filed in the land titles office of the Yukon land registration district. N.W.T., c. 59, s. 22. Action to 23. Every lien which has been duly deposited under the registered lien provisions of this Ordinance shall absolutely cease to exist Time for. after the expiration of ninety days after the work has been completed or materials or machinery furnished or wages earned or the expiry of the period of credit where such period is mentioned in the claim of lien filed unless in the mean- time proceedings are instituted to realize the claim under the provisions of this Ordinance and a certificate thereof (which may be granted by the court in which or judge be- fore whom the proceedings are instituted) is duly registered in the land titles office of the Yukon land registration district. N.W.T., c. 59, s. 23. Time for 24. If there is no period of credit or if the date of expiry perSd of"° of the period of credit is not stated in the claim so filed the credit or none lien shall cease to exist upon the expiration of ninety days after the work has been completed or materials or machin- ery furnished unless in the meantime proceedings shall have been instituted pursuant to section 23 of this Ordin- ance. N.W.T., c. 59, s. 24. stated. Lien realisable in Supreme Court. Lienholders joining in action. 25. In all cases the lien may be realized in the Territor- ial Court according to the ordinary procedure of that court. N.W.T., c. 59, s. 25. 26. Any number of lien holders may join in one action and any action brought by a lienholder shall be taken to be brought on behalf of all the lienholders of the same class 1902 mechanics' liens Cap. 53 489 who shall have registered their liens before or within thirty Action days after the commencement of the action or who shall to "K within the said thirty days file in the proper oifice of the court from which the writ issued a statement of their respectire claims intituled in or referring to the said action. (2) In the event of the death of the plaintiff or his refusal Death of or neglect to proceed any other lien holder of the same class plaintiff or who has registered his claim or filed his statement in the tfproLed. manner and within the time above limited for that purpose may be allowed to prosecute and continue the action on such terms as are considered just and reasonable by the court or judge. (3) In case of a sale of the estate and interest charged Sale of land. with the lien the court or judge may direct the sale to take ™^ ^°''' place at any time after one month from the recovery of judgment and it shall not be necessary to delay the sale for a longer period than is requisite to give reasonable notice thereof. (4) The said court or judge may also direct the sale of any iiachinery. machinery and authorize its removal. (5) "When judgment is given in favour of a lien the court Costs. or judge may add to the judgment the costs of and inciden- tal to registering the lien as well as the costs of the action. (6) "Where there are several liens under this Ordinance class to rank against the same property each class of the lien holders ?"«»■»■ p«««"- shall, subject to the provisions of sections 5, 9 and 11 of this Ordinance, rank pari passu for their several amounts against the said property and the proceeds of any sale shall, subject as aforesaid, be distributed amongst such lien holders pro rata according to their several classes and rights and they shall respectively be entitled to execution for any bal- ance due to them respectively after said distribution. (*7) Upon application the court or judge may receive Removing security or payment into court in lieu of the amount of the i'«" °" ^™^^- claim and may thereupon vacate the registry of the lien. (8) The court or judge may annul the said registry upon Annulling ^',, JO J o J r registration. any other ground. (9) In any of the cases mentioned in subsections (Y) and Summary (8) the court or judge may proceed to hear and determine determination the matter of the said lien and make such order as seems just, and in case the person claiming to be entitled to such lien has wrongfully refused to sign a discharge thereof or without just cause claims a larger sum than is found by such court or judge to be due the court or judge may order and adjudge him to pay the costs to the other party. N.W.T., c. 59, s. 26. DEATH OF LIEN HOLDER. — ASSiaNMENT OF LIEN. 2'7- In the event of the death of a lienholder his right of Death o lien shall pass to his personal representatives and the right A°\1mment of a lien holder may be assigned by any instrument in of Hen. writing. N."W.T., c. 59, s. 21. 440 Cap. 53 CONSOLIDATED ORDINANCES 0.0. DISCHARGE OF LIEN, Discharge of lien. Discharge to be at contractor's cost. 28. A lien may be discharged by a receipt signed by the claimant or his agent duly authorized in writing acknow- ledging payment and verified by affidavit and filed, such receipt shall be numbered and entered by the registrar like other instruments but need not be copied in any book ; the fees shall be the same as for registering a claim of lien. N.W.T., c. 59, s. 28. 29. When there is a contract for the prosecution of the work as hereinbefore mentioned the registration of all dis- charges of liens shall be at the cost of the contractor unless a court or judge otherwise orders. N.W.T., c 59, s. 29. EXECUTION AGAINST PERSON SUPPLYINa MATERIAL. Materials exempt from execution. SO. "Where any mechanic, artisan, machinist, builder, miner, contractor or any other person has furnished or pro- cured materials for use in the construction, alteration or re- pair of any building, erection or mine at the request of and for some other person, such materials shall not be subject to execution or other process to enforce any debt (other than for the purchase thereof) due by the person furnishing or procuring such materials, and whether the same have or not been in whole or in part worked into or made part of such building or erection. N.W.T., c. 59, s. 30. LIENS ON CHATTELS. Liens for improvement of chattels. Enforcing. 31. Every mechanic or other person who has bestowed money or skill and materials upon any chattel or thing in the alteration and improvement of its properties or for the purpose of imparting an additional value to it so as thereby to be entitled to a lien upon such chattel or thing for the amount or value of the money or skill and materials bestowed, shall, while such lien exists but not afterwards in case the amount to which he is entitled remains unpaid for three months after the same ought to have been paid, have the right in addition to all other remedies provided by law to sell the chattel or thing in respect of which the lien exists on giving one month's notice by advertisement in a newspaper published in the locality in which the work was done, or in case there is no newspaper published in such locality or within ten miles of the place where the work was done, then by posting up not less than five notices in the most public places within the locality for one month, stating the name of the person indebted, the amount of the debt, a description of the chattel or thing to be sold, the time and place of sale, and the name of the auctioneer, and leaving a like notice in writing at the 1902 MECHANICS' LIENS Cap. 63 441 residence or last known place of residence if any of the owner as the case may be or by mailing the same to him by registered letter if his address is known. (a.) Such mechanic or other person shall apply the pro- ceeds of the sale in payment of the amount due him and the cost of advertising and sale and shall upon application pay over any surplus to the person entitled thereto. N.W.T., c. 59, s. 31. FORMS. 32. The forms in the schedule hereto shall be deemed Forma. sufB.cient for the purposes specified in such schedule. N.W.T., c. 59, s. 32. SCHEDULE. FOEM A.— Sec. 16. Claim of Lien. A.B., {name of claimant) oi (here state residence of claimant), {if so, as assignee of state, name and residence of original lien holder) claims a lien under The Mechanics' Lien Ordi- nance upon the estate of {here state the name and residence of the owner of the land upon which the lien is claimed) in thp undermentioned land in respect of the following work {or materials) that is to say : {here give a short description of the work done or materials furnished and for which the lien is claimed) which work was {or is to be) done {or materials furnished) for {here state the name and residence of the person upon whose credit the work is done or materials furnished) on or before the day of The following is the description of the work done {or material or machinery furnished, as the case may be) : {State the work done or material or machinery furnished) The amount claimed as due {or to become due) is. the sum of $ The following is the description of the land to be charged : {here set out a concise description of the land to be charged suf- Hcientfor the purpose of registration). Where credit has been given, insert : The said work was done {or materials were furnished) and the period of credit agreed to expired {or will expire) on the day of 19 . bated at this day of A.D. 19 . {Signature of Claimant.) 442 Cap. 53 consolidated ordinances C. 0. FOEM B.— Sec. 16. Claim of Lien for "Wages. A B. {name of claimant) of {here state residence of claimant) {if so, as assignee of state name and residence of original Lien holder) claims a lien under The Mechanics' Lien Ordinance, upon the estate of {here state the name and residence if the owner of the land upon vjhich the lien is claimed) in the under- mentioned land in respect of ' days' work performed thereon while in the employment of {here state the name and residence of the person upon whose credit the work was done) on or before the day of The amount claimed as due is the sum of $ The following is the description of the land to be charged': {here set out a concise description of the land to be charged sufficient for the purpose of registration.) Dated at this ■ day of AD. 19 . {Signature of Claimant) FORM 0.— Sec. lY- • Claim of Likn for Wages when several Claimants. The following persons claim a lien under The Mechanics' Lien Ordinance upon the land of {here state the name and residence of the owner of the land) in respect of wages for labour performed thereon while in employment of {here state name and residence or names and residence of employers of the several persons claiming the lien). A B., of {residence) $ for days' wages. CD., of $ for days' wages. EF., of % for days' wages.* The following is the description of the land to be charg- ed : {here set out a concise description of the land to be charged sufficient for the purpose of registration.) Dated at the day A.D. 19. {Signatures of the several claimants). ^{If any of the above named claimants are assignees of the original Ken holder that fact must be stated and the name and residence of the original lien holder stated.] 1902 mechanics' liens Oap463 FOEM D.— Sec. 16. Affidavit Verifying Claim. I, A.B., named in the above (or annexed) claim do make oath that the said claim is true (or the said claim so far as it relates to me is true). Or, We A. B. and CD. named in the above (or annexed) claim, do make oath and each for himself saith that the said claim, so far as it relates to him, is true. ( Where affidavit is made by agent or assignee, a clause must be added to the following effect : I have full knowledge of the facts set forth in the above or annexed claim). Sworn before me at in the Yukon Territory, this of A.D. 19 Or, The said A.B. and CD. were severally sworn before me at in the Yukon Ter- ritory, this day of A.D. 19 Or, The said E. F. was sworn before me at in the Yukon Territory, this day of A.D. 1 443 y 444 Cap. 54 consolidated ordinances 0. O. CHAPTER 54. An Ordinance respecting- Liens in favour of Miners and others. Short title !• This Ordinance may be cited as " The Miners' Lien Ordinance." No. 31 of 1902, s. 1. IN TERPEETATION. Interpretation 2. In this Ordinance, "Owner." 1. The expression "owner" extends to and includes a person having any estate or interest in the mine upon or in respect to which the work is done or materials are placed or furnished at whose request and upon whose credit or on whose behalf or consent or for whose direct benefit any such work is done, or materials placed and all persons claiming under him whose rights are acquired after the work in respect of which the lien is claimed is commenced or the materials furnished have been com- menced to be furnished. "Layman." 2. The expression "layman" means any person other than the owner who is working said mine or a part thereof for an interest or share of the minerals or ore produced therefrom. "Registering" 3. The words " registering " or " registration " means the filing or depositing of an instrument with the regis- tration clerk. No. 31 of 1902, s, 2. LIEN FOR WORK OR MATERIALS. Nature of lien. **• TJuless he sigus an express agreement to the contrary, any person who performed any work or service upon or in respect to, or places or furnishes any material to be used in the working of any placer or quartz mine for any owner or layman, shall by virtue thereof have a lien for the price of such work, services or materials upon the said mine, the minerals, or ore produced therefrom, or the materials sup- plied for the working thereof, and the lands occupied there- by or enjoyed therewith, or upon or in respect to which such work or service is performed, or upon which such materials are furnished or placed to be used, limited, how- ever, in amount to the sum justly due to the person en- titled to the lien ; 1902 FAVOUR OF MINERS Cap. 54 445 (2) Such lien upon registration as in this Ordinance pro- To take effect Tided shall attach and take eflFect upon the date of the regfstratfon! registration as against subsequent purchasers, mortgagees or other encumbrances. No. 31 of 1902, s. 3. 4. The lien shall attach upon the estate or interest of the Property owner and all persons having any interest in the mine and Hen^Mr*^ the minerals or ore produced therefrom, and upon the ap- attach. purtenances thereto and the lands occupied thereby or en- joyed therewith. No. 31 of 1902, s. 4. 5. Any lien created by this Ordinance shall have priority Lien to have over all claims against said mine and the minerals or ore ^xcT^'^g produced therefrom excepting conveyances and mortgages againstoertain registered prior to the registration of said lien under the [i^ftru^ents regulations governing quartz or placer mining passed by the Governor Greneral in Council. No. 31 of 1902, s. 5. REGISTRATION OF LIEN. 6. A claim of lien may be deposited in the office of the Where lien to Eegistration Clerk for the district in which the mine is '^''^sistere . situated and shall state : what to (a) The name and residence of the claimant and of the owner of the property to be charged, and of the person for whom and upon whose credit the work is done or materials furnished and thfe time or period within which the same was or was to be done or furnished ; (b) The work done or material furnished ; (c) The sum claimed as due or to become due ; (d) The description of the property to be charged ; (e.) The date of expiring of the period of credit agreed to by the lien holder for payment for his work, or materials where credit has been given ; (2.) Such claims shall be verified by the afiidavit of the claimant or his agent, having a personal knowledge of the facts sworn to. No. 31 of 1902, s. 6. contain. 7. A claim for w^ages may include the claims of any May include number of mechanics, labourers or other persons aforesaid 1]^™' °rs°*^' who may choose to unite them, in such case each claimant shall verify his claim by his afi&davit but need not repeat the facts set out in the claim. No. 31 of 1902, s. 1. 8. Where the lien is for wages the claim may be registered at any time within thirty days after the last day's labour for which the wages are payable. No. 81 of 1902, s. 8. 9. In other cases the claim of lien may be deposited before or during the progress of the work or within thirty 446 Cap. 64 consolidated ordinances C. 0. days from the completion thereof or from tke supplying or placing the materials. Provided that a lien for materials supplied shall be only for such materials as were supplied within thirty days prior to the last day on which any materials were supplied. No. 31 of 1902, s. 9. 10. Every lien which has not been duly deposited under the provisions of this Ordinance shall absolutely cease to exist on the expiration of the time hereinbefore limited for the registration thereof. No. 31 of 1902, s. 10. PEOCEEDINGS TO REALIZE LIEN. 11. Every lien which has been duly deposited under the provisions of this Ordinance shall absolutely cease to exist after the expiration of sixty days after the work has been completed or materials furnished or wages earned, unless in the meantime proceedings are instituted to realize the claim under the provisions of this Ordinance and a certificate thereof (which may be granted by the court in which, or judge before whom, the proceedings are instituted) is duly filed in the office of the registration clerk wherein the property in respect of which the lien is claimed is situate. Such liens may be enforced by originating summons in which shall be set forth the grounds upon which he claims such lien. Such summons shall be granted upon affidavit of the facts set forth in said summons and the court or judge may, either ex parte, or after notice, appoint a receiver for such time and upon such terms as are just and proper, upon proof to his satisfaction that the lien holder is in danger of losing his claim unless such receiver is appointed. No. 31 of 1902, s. 11. 12. Upon such summons being granted the court or judge may after notice given to the various parties interested, in- cluding the workmen on said claim, summarily determine and fix the liability of such owner or layman for wages due to the claimant and other workmen who have filed claims and also his liability to any other person who has filed a lien for material supplied. No. 31 of 1902, s. 12. 13. Any number of lien holders may join in one sum- mons and any action brought by a lien holder shall be taken to be brought on behalf of all the lien holders of the same class who shall have registered their liens before or within thirty days after the commencement of the action, or who ' shall within the said thirty days file in the proper office of the court from which the summons issued a statement of their respective claims intituled in or referring to the said action. 1902 FAVOUR OF MINEES Cap. 54 447 (2.) In the event of the death of the plaintiff or his refusal or neglect to proceed, any other lien holder of the same class who has registered his claim or filed his statement in the manner and within the time above limited for that purpose may be allowed to prosecute and continue the action on such terms as are considered just and reasonable by the court or judge. (3.) If the minerals or ore produced from said mine are not sufl5.cient to satisfy the liens registered against it, the court or a judge may direct a sale of the estate and interest charged with the lien to take place at any time after one month from the recovery of judgment and it shall not be necessary to delay the sale for a longer period thereafter than is requisite to give reasonable notice thereof. (4.) The said court or judge may also direct the sale of any machinery or materials and authorize its removal. (5.) When judgment is given in favour of a lien holder the court or judge may add to the judgment the costs of and incidental to registering the lien as well as the costs of the action. (6.) Where there are several liens under this Ordinance against the same property each class of the lien holders shall rank pari passu for their several amounts against the said property ; and the minerals received by the receiver together with the proceeds of any sale shall, subject as aforesaid, be distributed among such lien holders pro rata according to their several classes and rights and they shall respectively be entitled to execution for any balance due to them respectively after said distribution. C?.) Upon application the court or judge may receive security or payment into court in lieu of the amount of the claim and may thereupon vacate the registry of the lien. (8.) The court or judge may annul the said registry upon any other ground. (9.) In any of the cases mentioned in sub-sections (^) and (8) the court or judge may proceed to hear and determine the matter of the said lien and make such order as seems just, and in case the person claiming to be entitled to such lien has wrongfully refused to sign a discharge thereof or without just cause has filed said lien or claims a larger sum than is found by such court or judge to be due, the court or judge may order and adjudge him to pay the costs of the other party. No. 31 of 1902, s. 13. DEATH OF LIEN HOLDER. 14. In the event of the death of a lien holder his right of ^ght to pass lien shall pass to his personal representatives and the right to personal of a lien holder may be assigned by any instrument in tatWesra writing. No. 31 of 1902, s. 14. Senhdler 448 Cap. 54 consolidated okdinanoes 0. 0. DISCHARGE OF LIEN. Lien, how 15. A lien may be discharged by a receipt signed by the discharged, daimant or his agent and verified by affidavit and filed, such receipt shall be numbered and entered by the regis- tration clerk like other instruments but need not be copied in any book. N. 31 of 1902, s. 15. Jfees. 16. The fee for registering any instrument under this Ordinance shall be $2. No. 31 of 1902, s. 16. 1902 KILLING AND DRESSING OF ANIMALS Cap. 56 449 CHAPTER 55. An Ordinance respecting Slaughter Houses and the Killing and Dressing of Animals for Food. SHORT TITLE. 1. This Ordinance may be cited as " The Yukon Slaughter short title. House Ordinance." No. 33 of 1899, s. 1. INTEEPRKTATION. 2. "Where the following words occur in this Ordinance, interpretation they shall be construed in the manner hereinafter mention- ed, unless a contrary intention appears : — 1. "Animals" mean cattle, sheep, hogs and all other "Animals." domestic animals generally killed for food. 2. " Slaughter House " means any building or place used " Slaughter for the slaughtering, butchering and dressing of animals. House." 3. "Person" means any person, partnership, company "Person. " or corporation. No. 33 of 1899, s. 2. LICENSES. 3. No person shall carry on in the Yukon Territory any No person to slaughter house, without first having obtained a license for gSh°er that purpose, which license shall be issued by such person house without or persons as the Commissioner in Council may authorize, '"=^"^®- and in every case the license shall expire on the thirty-first day of December next following the date thereof, which License to said license maybe assigned with the consent of the person uJ'ceniber 3i. issuing the same, and no such slaughter house shall be per- mitted to exist within a mile from the spot where the post office of Dawson now stands. (2.) No such license shall be issued until after the Ins- pector of Slaughter Houses has inspected the premises and made a report in writing thereon to the Commissioner and said report shall contain. 1. A description of the premises. 2. A statement of the distance said premises are from any building occupied as a dwelling. 3. A statement that the premises are so constructed as to comply with the provisions of this Ordinance and so as not 29— T. o. 450 Cap. 55 CONSOLIDATED OBDINANCES C. 0. to endanger the health of the inhabitants of the Territory ; and 4. Such other remarks as may be required by the Com- missioner. No. 33 of 1899, s. 3. No. 18 of 1902, s. 1. License fee. Animals to be killed at a licensed slaughter house. 4. The license shall be for one year, and the sum of fifty dollars shall be paid therefor by the applicant. No. 33 of 1899, s. 4. 5. All animals killed for food to be consumed by the public residing in Dawson and surrounding territory from Dawson to a distance of five miles in the Yukon Territory shall be killed at a licensed slaughter house. For other places the Commissioner in Council may fix by resolution how and where the same are to be killed. No. 33 of 1899, s. 5. Slaughter houses to be under control of Commissioner in Council. 6. All slaughter houses in the Yukon Territoy shall be under the control of the Commissionner in Council, and shall be subject to such regulations as may be from time to time passed by resolutions of the said Commissioner in Council. No. 33 of 1899, s. 6. INSPECTOBS. Commissioner in Council may appoint inspector. Duties. 7. The Commissioner is hereby authorized to appoint a special inspector of slaughter houses, whose duties shall be as follows, to wit : — 1. To inspect all slaughter houses as he may be directed from time to time by the resolutions of the Commissioner in Council, 2. To inspect all animals delivered ai said slaughter houses for the purposes of being killed for food. 3. To inspect all animals brought into the Yukon Ter- ritory for the purpose of being killed for food and also all meat offered to the public for sale for food. 4. To condemn and destroy all diseased animals and tainted laeat and food within the territorv aforesaid. No. 33 of 1899, 8. 1. No person to 8. It shall be unlawful for any person within the limits uniess^kiiied aforesaid 1.0 offer for sale, or to have in his possession any in slaughter animal meat which has not been slaughtered at a licensed slaughter house. No. 33 of 1899, s. 8. house. Ofifal to be burnt. Slaugter houses to be kept clean. 9. All djebris and offal accumulated at any slaughter house shall be destroyed by fire, and in no other manner. No. 33 of 1899, s. 9. 10. All slaughter houses must be kept at all times in a cleanly condition, and if they are not kept in said condition 19Q2 KILLING AND DRESSING OF ANIMALS Cap. 55 461 the said Commissioner shall have the right at any time to terminate and cancel their license. No. 33 of 1899, s. 10. 11. No person shall be permitted to offer for sale any Meat to be meat for public use until after the same shall have been ^'^^'^1^'*°"™ killed for at least a period of ten hours. No. 33 of 1899, s. 11. ^^^°'^^'*'«- 12. The Inspector aforesaid shall mark in a manner or inspector to way to be by him selected, all animals and meat inspected ™*'''^ ™^*'- by him ; and no person shall offer for sale, or have in his possession any meat not marked or inspected by said Ins- pector. No. 33 of 1899, s. 12. FEES. 13. No slaughter house shall charge or receive a com- Fees. pensation greater than the amount following, to wit : — 1. For killing and dressing beef per head, eight dollars (18.00). 2. For killing sheep and calves per head, one dollar and a quarter ($1.25). 3. For killing and dressing hogs per head, two dollars (12.00). No. 33 of 1899, s. 13. 14. The Commissioner may appoint one or more inspec- Commissioner tors of slaughter houses and fix their salaries and pres- andpresCT^be cribe such other duties as-they are to perform in addition duties. to the duties required of them by this Ordinance. No. 18 of 1902, s. 3. 15. This Ordinance does not affect or apply to game Not to apply killed by hunters or other persons in the Yukon Territory. *° hunters. No. 33 of 1899, s. 15. PENALITIES. 16. Any person who violates any of the provisions of Penalties. this Ordinance, or any of the regulations thereunder, shall be liable for every such offence to a penalty not exceeding one hundred dollars and costs. No. 33 of 1899, s. 16 17. Any person who obstructs the Inspector in the per- Obstructing formance of his duties hereunder shall be subject to the inspector. same penalty as provided in the next preceding section. No 33 of 1899, s. IT. 18. The Inspector may, if obstructed in the performance inspector may of his duties, call to his assistance any constable or other ^asistanc f person he thinks fit, and it shall be the duty of any such constables, etc constable or other person to render assistance to said Ins 29J— y. o. 452 Cap. 55 CONSOLIDATED ORDINANCES 0. 0. pector in the carrying out of the provisions of this Ordi- nance. No. 33 of 1899, s. 18. Liens. 19- The Inspector and slaughter houses shall have a right to hold all meat in their possession until the payment of their legal charges, as provided by this Ordinance. If said charges are not paid within ten hours after becoming due, then all meats in their possession may be sold by them at public auction, and out of the proceeds of the said sale shall be paid : first, the cost of sale ; second, the fees and charges of said Inspector and slaughter houses, and the balance then remaining shall be paid to the person to whom said meat belongs. No. 33 of 1899, s. 19. Medical 20. Until a special Inspector is appointed the Medical Health Officer Health Officer shall inspect the meat offered for sale within to inspect. ^^^ ^.^.^^ aforesaid. No. 33 of 1899, s. 20. Number of slaughter houses may be limited. Tariff to be fixed. 21. If, in the opinion of the Commissioner in Council of the Yukon Territory, it is desirable for the sake of the public health or in the interests of the public, to limit the number of slaughter houses to be established within the Yukon Territory, he may limit the number of such slaughter houses to one in any one or more of the districts within the said Territory, which he may establish, and may des- ignate such slaughter house. If in any district the Com- missioner in Council limits the number of slaughter houses to one he may make such provision with the person to be entrusted with such slaughter house as in his opinion seems just and proper for the compensation of any person who has already established and has in operation a slaughter house complying with the provisions of this Ordinance. No. 18 of 1902, s. 4. 22. If such slaughter house is established under the next preceding section in any district, the Commissioner in Council may fix a tariff" of charges for slaughtering the different kinds of animals. No. 18 of 1902, s 6. Penalty for slaughtering at any other place. 23. If the Commissioner in Council under this Ordinance limits the number of slaughter houses in a district to one, as aforesaid, and designates such one, it shall be unlawful for any animal to be slaughtered at any other house than at the one so designated. Any person violating the provisions of this section shall be liable on summary con- viction to a fine not exceeding one hundred dollars and costs, and in default of payment forthwith to imprisonment for a period not exceeding two months. No. 18 of 1902, s. 6. 1902 NEWSPAPERS . Cap. 56 453 CHAPTER 56. An Ordinance respecting Newspapers, 1. In this Ordinance " newspaper " means : Any paper interpretation containing public news intelligence or occurrences, or "Newspaper." any remarks or observation tbereon, printed for sale and published periodically, or in parts or numbers, at intervals not exceeding twenty-six days between the publication of any two such papers, parts or numbers, and any paper printed in order to be distributed and made public weekly or often er, or at intervals not exceeding twenty-six days and containing only, or principally advertisements. No. 19 of 1900, s. 1. PARTICULARS TO BE FILED — ^PENALTY. 2. It shall be the duty of the proprietor, or proprietors, information of the editor or editors and of the business manager and of to. ^® J^M each of them, of every newspaper published in the Yukon o/the Court. Territory, to file with the clerk of the Territorial Court of the Yukon Territory within one month from the date of the passing of this Ordinance, a declaration under oath or affir- mation (in case where by law affirmation is allowed) setting forth the name in full of the proprietor or proprietors, editor or editors, and business manager of such newspaper, his nationality, both by birth and allegiance, the place of publication of such newspaper, and the name or title under which such newspaper is published, and any proprietor editor or manager neglecting to comply with the provisions of this Ordinance shall, upon summary conviction, before a Justice of the Peace, be liable to a fine not exceeding Penalty for five hundred dollars and not less than fifty dollars for each "^&'®''*- day during which such neglect continues. No. 19 of 1900, s. 2. 3. In the next proceeding section of this Ordinance, the " Proprietor." word "proprietor" includes any and all persons finan- cially interested, directly or indirectly, in any such news- paper. No. 19 of 1900, s. 3. 4. In the case of newspapers to be hereafter established information in the Yukon Territory, the declaration mentioned in the ^gj^^*'®"^ second section of this Ordinance shall be filed with the publication of clerk of the Territorial Court before such newspaper is newspaper. 454 Cap. 56 consolidated ordinances C. O. published and each and every, the proprietor or proprietors, editor or editors, and business manager of such newspaper shall upon summary conviction before a Justice of the Peace, be liable to a fine not exceeding five hundred dollars and not less than fifty dollars and each issue of such news- paper shall be deemed to constitute a fresh ofience against the provisions of this Ordinance. No. 19 of 1900, s. 4. On every 5. TIpon every change in the proprietorship, editorship propnetorship °^ management of any newparer, the declaration mentioned etc., to in the second section of this Ordinance shall be filed under be filed. j^ jj^g penalty in case of default, as in the said second section provided. No. 19 of 1900, s. 5. FEES. Fee. 6. The clerk of the Territorial Court shall be entitled to receive from the person filing the declaration above- mentioned a fee of $5, and it shall be the duty of the said clerk to send to the Commissioner of the Yukon Territory a copy of such declaration forthwith after the filing thereof. No. 19, of 1900, c. 6. 19<^2 JOINT STOCK COMPANIES Cap. 6*7 465 TITLE VI J I. COMPANIES AND KINDRED INSTITUTIONS. CHAPTER 57. An Ordinance respecting- the Incorporation of Joint Stock Companies, SHOBT TITLE. 1. This Ordinance may be cited as ''The Companies shoTt title. Ordinance." N.W.T., c. 61, s. 1. INTEEPRETATTON. 2. In this Ordinance and in all letters patent and supple- interpretation mentary letters patent issued under it unless the context otherwise declares : 1. The expression " the Company " means the company "Company." incorporated by letters patent under this Ordinance ; 2. The expression "the undertaking" means the business "Under- of every kind which the company is authorized to carry on ; taking." 3. The expression "real estate" or "land" includes mes- "Real estate" suages, lands, tenements and hereditaments of any tenure "Land." and all immovable property of any kind ; 4. The expression " shareholder " means every subscriber " Share- to or holder of stock in the company and includes the per- ^°^^^^-" sonal representatives of the shareholder ; 6. The word "president" whenever it occurs in this "President." Ordinance includes " chairman ;" 6. The expression " electricity" means electricity supplied "Electricity." for the purposes of creating light, heat or power or of oper- ating a system of telephones. N.W.T., c. 61, s. 2. 456 Cap. 61 CONSOLIDATED ORDINANCES LBTTEES PATENT. C. 0. Incorporation by letters patent. 3. The Commissioner may by letters patent under the seal of the Territory grant a charter to any number of per- sons not less than three who petition therefor constituting such persons and others who thereafter become shareholders in the company thereby created a body corporate and politic for any of the purposes or objects to which the legislative authority of the Council of the Territory extends. N.W.T., c. 61, s. 3. Advertiae- ment of application. 4. The applicants for such letters patent must advertise by notice published at least once in the Yukon Official Gazette and in three consecutive weekly issues of any newspaper published at or nearest the place which is to be the chief business place of the company, their intention to apply for the same stating in such notice : 1. The proposed corporate name of the company, which shall not be that of any other known company, incorporated or unincorporated, or any name liable to be unfairly confounded therewith or otherwise on public grounds objectionable ; 2. The object for which the incorporation is sought ; 3. The place within the Territory which is to be its chief place of business ; 4. The proposed amount of its capital stock ; 5. The number of shares and the amount of each share ; 6. The names in full and the address and calling of each of the applicants, with special mention of the names of not less than three nor more than nine of their number who are to be the first or provisional directors of the company, the majority of whom shall be residents of Canada. N.W.T., c. 61, s. 4. Time for petition. 5» At any time not more than two months after the last pubhcation of such notice the applicants may petition the Commissioner through the Territorial Secretary for the issue of such letters patent. N.W.T., c. 61, s. 5. Contents of petition. Amount of stock to be taken. 6. Such petition shall set forth. 1. The facts Contained in the notice ; 2. The amount of stock taken by each applicant and the amount paid in upon the stock of each applicant as also the manner in which the same has been paid in and is held for the company. N.W.T. , c. 61, s. 6. 7- The aggregate of the stock so taken shall be at least the one-half of the total amount of the proposed capital stock of the company. N.W.T., c. 61, s. 7. 1902 JOINT STOCK COMPANIES Cap. 61 451 S- The aggregate paid in on the aggregate stock so taken Disposal shall be at least ten per cent thereof and shall be paid in pLT„p"' to the credit of the company or trustees therefor and shall be standing at such credit in some chartered bank of Canada unless the object of the company is one requiring that it should own real estate, in which case such aggregate may be taken as paid in if it is bona fide invested in real estate suitable to such object which is dul] held by trustees for the company, and is of the required value over and above all incumbrances thereon. N.W.T., c. 61, s. 8. 9- The petition may ask for the embodying in the letters Additional patent of any provision which otherwise under the provi- fe™rrs°atent sions hereof might be incorporated in any bylaw of tke com- pany wrhen incorporated ; and such provision so embodied shall not, unless provision to the contrary is made in the letters patent, be subject to repeal or alteration by bylaw. N.W.T., c. 61, s. 9. lO. Before the letters patent are issued the applacants Preliminary must establish to the satisfaction of the Territorial Secretary ^o've?*" or such other officer as may be charged by the Commissioner to report thereon, the sufficiency of their notice and petition ■Bnd the truth and sufficiency of the facts therein set forth and that the proposed name is not the name of any other known incorporated or unincorporated company, and to that end the Territorial Secretary or such other officer may take and keep of record any requisite evidence in writing under oath, affirmation or solemn declaration. N.W.T., c. 61, s. 10. 11' The letters patent shall recite all the material aver- Letters patent ments of the notice and petition as so established. N."W. *""** ^' T., c. 61, s. 11. 12. The Commissioner may give to the company a cor- Corporate porate name different from that proposed by the applicants ™'"®' in their published notice if the proposed name is objection- able. N.W.T., c. 61, s. 12. 13. The Commissioner may restrict such letters patent Restriction of after incorporation in any manner which seems desirable. '^'^{"^''^ p^'™* N.W.T., C. 6], S. 15. incorporation. 1 4. The provisions of this Ordinance relating to matters Preiimin-iry preliminary to the issue of letters patent shall be deemed dtreetmy.™ ^ directory only ; and no letters patent issued or which hare irregularities heretofore been issued under this Ordinance shall be "°* '° ^^°^'^- held void or voidable on account of any irregularity in any prescribed notice or on account of the insufficiency of any such notice or on account of any irregularity in 458 Notice of Pfrant of letters patent. Cap. 51 CONSOLIDATED ORDINANCES C. 0. respect of any other matter preliminary to the issue of such letters patent. N.W-T., c. 61, s. 14. 15. Notice of the granting of every original letters patent under the provisions of this Ordinance shall be forthwith given in the Yukon Official Gazette in form A in the sche- dule to this Ordinance and there upon from the date of the letters patent the persons therein named and their succes- sors shall be a body politic and corporate by the name mentioned therein. N. W.T., c. 61, s,' 15. SUPPLEMENTARY LETTERS GRANTING FURTHER POWERS. Application for supplemen- tary letters. Time for petition. Notice of application. 16. The company may from time to time by a resolution passed by the votes of shareholders representing at least two-thirds in value of the subscribed stock of the company at a special general meeting called for the purpose authorize the directors to apply for supplementary letters patent extending the powers of the company to such other pur- poses or objects within the province of this Ordinance as may be defined in the resolution. N.W.T., c. 61, s. 16. IT. The directors may at any time within six months after the passing of any such resolution petition the Com- missioner through the Territorial Secretary for the issue of such supplementary letters patent. N.W.T., c. 61, s. 17. 18. The applicants for such supplementary letters patent shall give in at least one issue of the Yukon Official Gazette and one issue of a local newspaper published at or nearest the chief place of business of the company notice of their intention to apply for the same stating therein the purposes or objects to which it is desired to extend the powers of the company. N.W.T., c. 61, s. 18. 19. Before such supplementary letters patent are issued the applicants shall establish to the satisfaction of the Ter- ritorial Secretary or other ofiicer charged to report thereon the due passing of the resolution authorizing the applica- tion and the sufficiency of their notice and petition ; and for that purpose the Territorial Secretary or such other officer may cause to be taken and kept of record any requisite evidence in writing by oath or affirmation or by solemn declaration. N.W.T., c. 61, s. 19. Grant of 20- Upon due proof so made the Commissioner may ta?y\eTters S^^^^^ Supplementary letters patent under the seal of the Territory extending the powers of the company to all or Nottcethereof any of the objects defined in the resolulion ; and notice thereof shall be forthwith giA^en by the Territorial Secre- tary in the Yukon official Gazette in form B in the sche- Preliminary proofs. 1902 JOINT STOCK COMPANIES Cap. 51 459 dule to this Ordinance and thereupon from the date of the supplementary letters patent the undertaking of the company shall extend to and include the other purposes or objects set out in the supijlementary letters patent as fully as if such other purposes or objects were mentioned in the original letters patent; and a copy of every such notice shall forthwith be by the company to which the notice relates inserted in at least four separate issues of the news- paper published nearest to where the head oflo^ce or chief agency is established. N.W.T., c. 61, s. 20. INCREASE OR REDUCTION OF CAPITAL, ETC. 21. The directors of the company may at any time make Subdivision a by-law subdividing the existing shares into shares of a ° ^ ^^^' smaller amount. N.W.T., c. 61, s. 21. 22. The directors of the company may at any time after increase of the whole capital stock of the company has been taken up ""P"**^ **°"'^- and fifty per cent thereof paid in make a by-law for increas- ing the capital stock of the company to any amount which they consider requisite for the due carrying out of the objects of the company. NW.T., c. 61, s. 22. 23. Such by-law shall declare the number of the shares By-law of the new stock and may prescribe the manner in which *^®'«'f°''- the same shall be allotted ; and in default of its so doing the control of such allotment shall vest absolutely in the direc- tors. N.W.T., c. 61, s. 23. 24. The directors of the company may at any time make Reduction of a by-law for reducing the capital stock of the company to °*^^ ^ ^'°° ' any amount which they consider advisable and sufficient for the due carrying out of the undertaking of the company ; Loan but the capital stock of a loan company shall never be ''°™P*"y- reduced to less than |25,000. (2) Such by-law shall declare the number and value of By-law. the shares of the stock so reduced and the allottment there- of or the manner in which the same shall be made. (3) The liability of shareholders to persons who were at shareholders' the time of the reduction of the capital creditors of the com- ^* ' ^^^' pany shall remain the same as if the capital had not been reduced! N.W.T., c. 61, s. 24. 25. No by-law for increasing or reducing the capital stock Ratification of the company or for subdividing the shares shall have any ° ^' ^'^' force or effect whatsoever until it is approved by the votes of shareholders representing at least two-thirds in A^alue of all the subscribed stock of the company at a special general meeting of the company duly called for considering the same and afterwards confirmed by supplementary letters patent. N.W.T. , c. 61, s. 25. 460 Cap. 57 CONSOLIDATED ORDINANCES 0.0. Petition for supplemen- tary letters. Preliminary requirements. Evidence. 26. At any time not more than six months after such sanction of such bylaw the directors may petition the Oom- mission through the Territorial Secretary for the issue of supplementary letters patent to confirm the same. (2) The directors shall with such petition produce a copy of such by-law under the seal of the company and signed by the president, vice-president or secretary and establish to the satisfaction of the Territorial Secretary or of such other- ojficer as may be charged by the Commissioner to report, thereon the due passage and approval of such by-law and the expediency and bona fide character of the increase or reduction of capital or subdivision of shares, as the case may be, thereby provided for. (3) The Territorial Secretary or such other officer may for that purpose cause to be taken and kept of record any re- quisite evidence in writing by oath or affirmation or by solemn declaration as above mentioned. N.W.T., c. 61, s. 2o. Grant of supplemen- tary letters. Notice thereof. Effect. 2''« Upon due proof so made the Commissioner may grant such supplementary letters patent under the seal of the Territory ; and notice thereof shall be forthwith given by the Territorial Secretary in the Yukon Official Gazette in form C in the schedule in this Ordinance ; and there- upon from the date of the supplementary letters patent the capital stock of the company shall be and remain in- creased or reduced, or the shares shall be subdivided as the case may be to the amount, in the manner and subject to the conditions set forth by such by-law and the whole of the stock as so increased or reduced shall become subject to the provisions of this Ordinance in like manner as far as pos- sible as if every part thereof had been or formed part of the stock of the company originally subscribed. N.W.T., c. 61, s. 21. Exercise of powers. POWERS OF THE COMPANY. 28. All powers given to the company by the letters patent or supplementary letters patent shall be exercised subject to the provisions and restrictions contained in this Ordinance. N.W.T., c. 61, s. 28. Acquiring and disposing of property. 29. Every company incorporated under this Ordinance may acquire, hold, sell and convey any real estate requisite for the carrying on of the undertaking of such company and shall forthwith become and be invested with all property and rights real and personal theretofore held by or for it under any trust created with a view to its incorporation and with all the powers, privileges and immunities requisite or incidental to the carrying on of its undertaking as if it was incorporated by a special Ordinance embodying the provi- sions hereof and of the letters patent. N.W.T., c. 61, s. 29^ 1902 JOINT STOCK COMPANIES Cap. 51 461 CAPITAL STOCK. 30. The stock of the company shall be personal estate stock and shall be transferable in such manner and subject to all personalty. such conditions and restrictions as are prescribed by this '^''''"^*^''- Ordinance, or by the letters patent or by by-laws of the com- pany. N.W.T., c. 61, s. 30; 31. If the letters patent or the supplementary letters Allotment. patent make no other definite provision the stock of the company or any increased amount thereof so far as it is not allotted thereby shall be allotted at such times and in such manner as the directors prescribe bv bv-law. N.W.T. c. 61, s. 31. 32. Every share in the company shall subject to the pro- Shares subject vision of section 8 of this Ordinance be deemed to have ■„ caS?^"* been issued and to be held subject to the payment of the whole amount thereof in cash unless the same has been Exception. otherwise agreed upon or determined by a contract duly made in writing and filed with the Territorial Secretary at or befoie the issued of such share. N.W.T., c. 61, s. 32. DIRECTORS. 33. The affairs of the company shall be managed by a Number of board of not more than nine and not less than three direc- directors. tors. N.W.T., c. 61, s. 33. 34. The persons named as such in the letters patent shall Provisional be the directors of the company until replaced by others coiftimied. duly appoinced in their stead. N.W.T., c. 61, s. 84. 35. No person shall be elected or appointed as a director Qualification thereafter unless he is a shareholder owning stock abso- ''* directors. lutely in his own right and to the amount required by the b^r-laws of the company and not in arrear in respect of any call thereon ; and at all times the majority of the directors of the company shall be persons resident in Canada. N.W. T., c. 61, s. 35. 36. The company may by by-law increase to not more increase or than fifteen or decrease to not less than three the number of l?"®^^^® °* ■IT' ^ 1 ) 1 • p 1 m • directors. its directors or may change the company s chief place of busi- ness in the Territory ; but no by-law for either of the said giJ5g"^fa°* purposes shall be valid or acted upon unless it is approved of business. by a vote of at least two-thirds in value of the stock repre- sented by the shareholders present at a special general meeting duly called for considering the by-law nor until a copy of such by-law certified undfer the seal of the company has been deposited with the Territorial Secretary and has 462 Cap. 57 CONSOLIDATED ORDINANCES C. 0- JEleotion of directors. Term of office. "Election of directors. Notice of meetings. Voting at general meetings. also been published in the Yukon Official Gazette. N.W.T., c. 61, s. 36. 37. Directors of the company shall be elected by the shareholders in general meeting of the company assembled in some place within the Territory at such time, in such manner, and for such term, not exceeding two years, as the letters patent, or in default thereof, as the by-laws of the company prescribe. N.W T., c. 61, s. 3*7. 38* In the absence of other provisions in that behalf in the letters patent or by-laws of the company — (a). The election of directors shall take place yearly and all the directors then in office shall retire but if otherwise qualified they shall be eligible for re-election ; (b) Notice of the time and place for holding general meet- ings of the company shall be given at least twenty-one days previously thereto in some newspaper published in the place where the head office or chief place of business of the com- pany is situate or if there is no such newspaper then in the place nearest thereto in which a newspaper is published ; (c) At all general meetings of the company every share- holder shall be entitled to give one vote for each share then held by him ; such votes may be given in person, or by proxy— the holder of any such proxy being himself a share- holder ; but no shareholder shall be entitled either in person or by proxy to vote at any meeting unless he has paid all the calls then payable upon all the shares held by him. All questions proposed for the consideration of the shareholders shall be determined by the majority of votes the chairman presiding at such meeting having the casting vote in case of an equality of votes ; (d) Every election of directors shall be by ballot ; (e) Vacancies occurring in the board of directors may be filled for the remainder of the term by the directors from among the qualified shareholders of the company ; (/) The directors shall from time to time elect from among themselves a president, and if they see fit, a vice- president of the company and may also appoint all other officers thereof KW.T., c. 61, s. 38. Elections not ^®* ^^ ^* ^^7 *^^® ^^ election of directors is not made or held at proper does not take effect at the proper time, the company shall not be held to be thereby dissolved ; but such election may take place at any subsequent general meeting of the com- pany duly called for that purpose ; and the retiring directors shall continue in office until their successors are elected. N.'W.T., c. 61, s. 39. Ballot election Vacancies in directorate. President and officers. time. POWERS OF DIRECTORS. tionof affatrs ^^' "^^^ directors of the company may administer the affairs of the company in all thing and make or cause to be 1902 JOINT STOCK COMPANIES Cap. 57 463 made for the company any description of contract which of company. the company may by law enter into ; and may from time to ^°°'^^'='^- time make by-laws not contrary to law or to the letters By-iawe. patent of the company or to this Ordinance for the follow- ing purposes : (o) The regulation of the allotment of stock, the making of calls thereon, the payment thereof, the issue and registration of certificates of stock, the forfeiture of stock for non-payment, the disposal of forfeited stock and of the proceeds thereof, and the transfer of stock ; (b) The declaration and payment of dividends ; (c) The number of the directors, their term of service, the amount of their stock qualification, and their remuneration in any ; (d) The appointment, functions, duties and removal of all agents officers and servants of the company, the security to be given by them to the company and their remuneration ; (e) The time and place for the holding of the annual meetings of the company, the calling of meetings, regular and special, of the board of directors and of the company, the quorum, the requirements as to proxies, and the procedure in all things at such meetings ; (/) The imposition and recovery of all penalties and forfeitures which admit of regulation by by-law ; (g) The conduct in all other particulars of the atFairs of the company ; and the directors may from time to time repeal, amend or Perpetuation re-enact the same ; but every such by-law and every repeal, °harehoidersi' amendment or re-enactment thereof unless in the mean- time confirmed at a general meeting of the company duly called for that purpose shaU only have force until the next annual meeting of the company and in default of confirma- tion thereat shall at and from that time only cease to have force. N.W.T , c. til, s. 40. 41. No by-laws for the issue, allotment or sale of any By-laws portion of the unissued stock at any greater discount or at ratmclti™ of any less premium than that which has been previously shareholders. authorized at a general meeting and no by-law for the re- muneration of the president or any director shall be valid or acted upon until the same has been confirmed at a general meeting. N.W.T., c. 61, s. 41. 43. The directors may deduct from the dividends P^Y' ^^fg" g*f°" °^ able to any shareholder all such sums of money as are due fram ' from him to the company on account of calls or otherwise, dividends. N.W.T., c. 61, s. 42. 464 Cap. 57 CONSOLIDATED OBDINANCES c. o. By-laws to 43. The directors may when authorized by a by-law for OThypoSSe ttat purpose passed and approved of by the votes of share- property, holders representing at least two-thirds in value of the subscribed stock of the company represented at a special general meeting duly called for considering the by-law : (a) Borrow money upon the credit of the company and issue bonds, debentures or other securities for any sums borrowed at such prices as are deemed necessary or expedient ; but no debentures shall be for a less sum than $100 ; (b) Hypothecate or pledge the real or personal pro- perty of the company to secure any sums borrow- ed by the company but the amount borrowed shall not at any time be greater than seventy-j&ve per cent of the actual paid up stock of the company ; but the limitation made oy this section shall not apply to commercial paper discounted by the company. N.W.T., c. 61, s. 43. CALLS. Calls on 44. The directors may from time to time make such calls unpaid shares, upon the shareholders in respect of all moneys unpaid upon their respective shares as they think fit at such times and places and in such payments or instalments as the letters patent or this Ordinance or the by-laws of the company require or allow. N.W.T., c. 61, s 44. Calls when due. Interest. 45. A call shall be deemed to have been made at the time when the resolution of the directors authorizing such call was passed ; and if a shareholder fails to pay any call due by him on or before the day appointed for payment thereof he shall be liable to pay interest for the same at the rate of six per cent per anniim from the day appointed for payment to the time of actual payment thereof. N.W.T., c. 61, s. 45. Payment on shares before call. Interest. 46. The directors may if they think fit receive from any shareholder willing to advance the same all or any part of the amounts due on the shares held by such shareholder beyond the sums then actually called for ; and upon the moneys so paid in advance or so much thereof as from time to time exceeds the amount of the calls then made upon the shares in respect of which such advance is made the company may pay interest at such rate not exceeding eight per cent per annum as the shareholder who pays such sum in advance and the directors agree upon. N. W. T., c. 61, s. 46. Forfeiture of shares for 47. If after such demand or notice as is prescribed by the letters patent or by the by-laws of the company any 1902 JOINT STOCK COMPANIES Cap, 57 465 call made upon any share is not paid within such time as nonpayment by such letters patent or by the by-laws is limited in that °' °''"^" behalf the directors in their discretion by vote to that eiFect duly recorded in their minutes may summarily declare for- feited any shares whereupon such payment is not made ; and the same shall thereupon become the property of the company and may be disposed of as by the by-laws of the company or otherwise is prescribed but notwithstanding such forfeiture the holder of such shares at the time of forfeiture shall continue liable to the then creditors of the company for the full amount unpaid on such shares at the tiSie of forfeiture less any sums which are subsequently received by the company in respect thereof. N.W.T., c. 61, s. 41. 48. The directors may if they see fit instead of declaring Action for forfeited any share or shares enforce payment of all calls °^^^^' and interest thereon by action in any court of competent jurisdiction ; and in such action it shall not be necessary to set forth the special matter but it will be suificient to declare that the defendant is a holder of on« share or more stating the number of shares and is indebted in the sum of money to which the calls in arrear amount is respect of one call or more upon one share or more stating the num- ber of calls and the amount of each call whereby an action has accrued to the company under this Ordinance ; and a Evidence. certificate under the seal of the company and purporting to be signed by any officer of the company to the effect that the defendant is a shareholder, that such call or calls has or have been made and that so much is due by him and unpaid thereon shall be received in all courts as prima facie evidence thereof. N.W.T., c. 61, s. 48. 49. The company shall cause a book or books to be kept Books to by the secretary or by some other officer specially charged ^^ '^^p*' with that duty wherein shall be kept recorded — (a.) A copy of the letters patent incorporating the com- pany and of any supplementary letters patent and of all by- laws of the company ; (b.) The names alphabetically arranged of all persons who are or have been shareholders ; (c.) The address and calling of every such person while such shareholder ; id.) The number of shares of stock held by each share- holder ; (e.) The amount paid in and remaining unpaid respect- ively on the stock of each shareholder ; (f.) The names, addresses and calling of all persons who are or have been directors of the company with the several dates at which each became or ceased to be a director ; 30— Y. o. 466 Cap. 5T CONSOLIDATED ORDINANCES C. 0. (g.) A book called the register of transfers shall be pro- vided and in such book shall be enterred the particulars of every transfer of shares in the capital of the company. N. "W.T., c. 61, s. 49. ^peotion of 50. Such books shall during reasonable business hours creditors, etc. of every day except Sundays and holidays be kept open for the inspection of shareholders and creditors of the company and their personal representatives at the head office or chief place of business of the company and every such share- holder, creditor or personal representativa may make ex- tracts therefrom. N.W.T.. c. 61, s. 50. s Penalty on officers falsifying books, refusing inspection, etc Omission to keep books. 51* Every director, officer or servant of thecompmy who knowingly makes or assists in making any untrue entry in any such book or who refuses or wilfully neglects to make any proper entry therein or to exhibit the same or to allow the same to be inspected and extracts to be taken therefrom shall be liable on summary conviction thereof before a judge of the Territorial Court to a penalty not ex- ceeding $500. N.W.T., c. 61, s. 51. 52. Every company which neglefcts to keep such book or books as aforesaid shall forfeit its corporate rights. N. W.T. c. 61, s. 52. Books i>rima 53* Such books shall be prima facie evidence of all facts facie evidence, p^j^porting to be therein stated, in any action suit or pro- ceeding against the company or against any shareholder. N.W.T., c. 61, s. 53. TRANSFER OP SHARES. Registration of transfers. 54. No transfer of shares unless made by sale under execution or under the decree, order or judgment of a court of competent jurisdiction shall be valid for any purpose whatever until entry thereof is duly made in the register of transfers except for the purpose of exhibiting the rights of the parties thereto towards each other and of rendering the transferee liable in the meantime jointly and severally with the transferor to the company and its creditors. N.W.T., 0. 61, s. 54. Consent of directors to registration of transfersi 55. No tranfer of shares whereof the whole amount has not been paid in shall be made without the consent of the directors ; and whenever any transfer of shares not fully paid in has been made with such consent to a person who is not apparently of sufficient means to ^fully pay up such shares the directors shall be jointly and severally liable to the creditors of the company in the same manner and to the same extent as the transferring shareholder but for such 1902 JOINT STOCK COMPANIES Cap. 5*7 46'7 transfer would have been ; but if any director present when any such transfer is allowed does forthwith or if any director then absent does within twenty-four hours after he becomes aware thereof and is able so to do enter on the minute book of the board of directors his protest against the same and within eight days thereafter publishes such protest in at least one newspaper published at the place in which the head office or chief place of business of the company is situated or if there is no newspaper there published, then in the newspaper published nearest thereto, such director may thereby and not otherwise exonerate himself from such liability. N.W.T., c. 61, s. 55. 56. Whenever the interest in any shares of the capital Change ot stock of the company is transmitted by the death of any ghtrra!* ™ shareholder or otherwise or whenever the ownership of or legal right of possession in any share changes by any law- ful means other than by transfer according to the pro- visions of this Ordinance and the directors of the company Doubt as to entertain reasonable doubts as to the legality of any claim, enSd. to such shares the company may make and file in the Terri- torial Court a declaration and petition in writing, addressed Company's to a judge of the court, setting forth the facts and the num- adjudication. ber of shares previously belonging to the person in whose name such shares stand in the books of the company and praying for an order or judgment adjudicating and award- ing the said shares to the person or persons legally entitled to the same by which order or judgment the company shall be guided and held fully harmless and indemnified and released from every other claim to the said shares or arising in respect thereof. N.W.T., c. 61, s. 56. ST. Notice of the intention to present such petition shall Notice of be given to the person claiming such shares or to the p«*>*'°"- solicitor of such person duly authorized for the purpose who shall upon the filing of such petition establish his right to the shares referred to in such petition ; and all the proceed- Procedure. ings in such cases shall be the same as those observed in analagous cases before the said Territorial Court ; Provided always that the costs and expenses of procuring Costs. such order or judgment shall be paid by the person or per- sons to whom such shares are declared lawfully to belong ; and that such shares shall not be transferred in the books of the company until such costs and expenses are paid, saving the recourse of such person for such costs and ex- penses against any person contesting his right to such shares, KW.T., c. 61, s, 5*1. 58. No share shall be transferable until all previous calls Transfer, calls thereon are fully paid in. N.W.T., c. 61, s. 68. ""P'^id. 30J— T.o. 468 Cap. 67 CONSOLIDATED ORDINANCES CO. Shareholder indebted to company. Transfer by personal representative 59. The directors may decline to register any transfer of shares belonging to any shareholder who is indebted to the company. N.W.T., c. 61, s. 59. 60. Any transfer of the shares or other interest of a de- ceased shareholder made by his personal representative shall notwithstanding such personal representative is not himself a shareholder, be of the same validity as if he had been a shareholder at the time of his execution of the in- strument of transfer. N.W.T., c. 61, s. 60. LIABILITY OF SHABEHOLDERS. Limited liability of shareholders. I Liability of shareholders to creditors. 61- The shareholders of the company shall not as such be responsible for any act, default or liability of the com- pany or for any engagement, claim, payment, loss, injury, transaction, matter or thing relating to or connected with the company beyond the amount unpaid on their respective shares in the capital stock thereof. N.W.T., c. 61, s. 61. 62. Every shareholder until the whole amount of his shares has been paid up shall be individually liable to the creditors of the company to an amount equal to that not paid thereon ; but he shall not be liable to an action there- for by any creditor until an execution at the suit of such creditor against the company has been returned unsatisfied in whole or in part ; and the amount due on such execu- tion not exceeding the amount unpaid on his shares as aforesaid shall be the amount recoverable with costs from such shareholder; and any amount so recoverable if paid by the shareholders shall be considered as paid on his shares. N.W.T., c. 61, s. 62. Persons 6S. No persou holding stock in the company as an ex- as representa-^ ecutor, administrator, tutor, curator, guardian or trustee, tives. shall be personally subject to liability as a shareholder ; but the estate and funds in . the hands of such person shall be liable in like manner and to the same extent as the testator or intestate or the minor, ward or interdicted person or the person interested in such trust fund would be if living and competent to act and holding such stock in his own name ; and no person holding such stock as collateral security shall be personally subject to such liability ; but the person pledging such stock shall be considered as holding the same, and shall be liable as a shareholder accordingly. N.W.T., c. 61, s. 63. Representa- 64. Evory such executor, administrator, tutor, curator, pildgora may guardian or trustee shall represent the stock held by him at all meetings of the company and may vote as a shareholder; and every person who pledges his stock may represent the Liability of pledgors of shares. vote. 1902 JOINT STOCK COMPANIES Cap. 51 469 same at all such meetings, and notwithstanding such pledge vote as a shareholder. N.W.T., c. 61, s. 64. LIABILITY OF DIBEOTORS AND OFFICERS. 65. If the directors of the company declare to pay any Dividends dividend when the company is insolvent, or any dividend o^*itai'"etc the payment of which renders the company insolvent or Liability of impairs the capital stock thereof, they shall be jointly and f'"'«ot°'^s- severally liable as well to the company as to the indi- vidual shareholders and creditors thereof for all the debts of the company then existing, and for all thereafter con- tracted during their continuance in office respectively ; but if any director present when such dividend is declared does forthwith or if any director then absent does within twenty-four hours after he becomes aware there of and able to do so enter on the minutes of t lie board of directors his protest against the same, and within eight days thereafter publishes such protest in at least one newspaper published at the place in which the head office or chief place of business of the company is situated or if there is no news- paper there published, then in the newspaper published nearest thereto, such director may thereby and not other- wise exonerate himself from such liability. N.'W.T., c. 61, s. 65. 66. No loan shall be made by the company to any Loana to shareholder ; if such loan is made all directors and other ry^'^vj^'^oJ^* officers of the company making the same or in anywise directors ° assenting thereto, shall be jointly and severally liable for the amount of such loan, with interest, to the company and also to the creditors of the company for all debts of the company then existing or contracted between the time of the making of such loan and that of the repayment thereof. N.W.T., c. 61, s. 66. 67. The directors of the company shall be jointly and Liability of severally liable to the clerks, labourers, servants and ap- f^^^f^''^ prentices thereof for all debts not exceeding six months' wages due for services performed for the company whilst they are such directors respectively ; but no director shall be liable to an action therefor unless the company is sued therefor within one year after the debt becomes due nor unless such director is sued therefor within one year from the time when he ceased to be such director nor unless an execution against the company in Irespect of such debt is returned unsatisfied in whole or in part ; and the amount unsatisfied on such execution shall be the amount recove- rable with costs from the directors. N.W.T., c. 61, s. 67. 4*70 Cap. &1 CONSOLIDATED ORDINANCES CO. DOMICILE — SERVICE OF PROCESS, ETC. Legal domicile. Notice of change. Offices and agencies. 68. The company shall at all times have an office in the place where its chief place of business is situate which shall be the legal domicile of the company in the Territory and notice of the situation of such office and of any change thereof shall be published in the Yukon Official Gazette ; and the company may establish such other offices and agencies elsewhere in • the said Territory as it deems expedient. KW-T., c. 61, s. 68. Authenti- 69. Any summons, notice, order or proceeding requiring proceedings, authentication by the company may be signed by any director, manager or authorized officer of the company and need not be under the seal of the company. N.W.T., c. 61, Service on shareholders. TO. Notices to be served by the company upon the share- holders may be served either personally or by sending them through the post in registered letters addressed to the share- holders at their places of abode as they appear in the books of the company. N.W.T., c. 61, s. TO. Proof of service. Tl. A notice or other document served by post by the company on a shareholder shall be held to be served at the time when the registered letter containing it would be de- livered in the ordinary course of post ; and to prove the fact and time of service it shall be sufficient to prove that such letter was properly addressed and registered and was put into the post office and the time when, it was put in and the time requisite for its delivery in the ordinary course of post, N.W.T., c. 61, s. n. Evidence of by-laws. 72. A copy of any by-law of the company under its seal and purporting to be signed by any officer of the company, shall be received as against any shareholder of the company as prima facie evidence of such by-law in all courts in the Territory. N.W.T. , c. 61, s. 12. Actions ''*$. Any description of action may be prosecuted and ^h^ehoUers maintained between the company and any shareholder there- and company, of ; and uo shareholder shall by reason of being a shareholder be incompetent as a witness therein. N.W.T., c. 61, s. 73. Allegations in legal proceedings. '74. In any action or other legal proceeding it shall not be requisite to set forth the mode of incorporation of the company otherwise than by mention of it under its corporate name as incorporated by virtue of letters patent or by letters patent and supplementary letters patent as the case maybe under this Ordinance ; and the notice in the Yukon Official Gazette of the issue of such letters patent or supplementary 1902 JOINT STOCK OOMPANIBS Cap. 5*7 4Y1 letters patent shall be prima facie proof of all things therein Evidence of contained ; and on production of the letters patent or sup- ^'joorporation, plementary letters patent or of any exemplification or copy thereof under the seal of the Territory the fact of such notice shall be presumed ; and except in any proceeding for the purpose of rescinding or annulling the same the letters patent or supplementary letters patent or any exemplification or copy thereof under the seal of the Territory shall be con- clusive proof of every matter and thing therein set forth. N.W.T, c. 61, s. *74. GENERAL PROVISIONS. 75. The company may have an agency or agencies in Agencies any city or town outside the Territory. N.W.T., c. 61, s. YS. S?'^^^®'; ^ 76. No dividend shall be declared which will impair Dividends. the capital of the company. N.W.T., c. 61, s. 76. 77. Shareholders who hold one-fourth part in value of Special the subscribed stock of the company may at any time call ^]f ^"^ ** a special meeting thereof for the transaction of any business shareiioiders. specified in such written requisition and notice as they make and issue to that effect N.W.T., c. 61, s. 7*7. 78. Every deed which any person lawfully empowered Deeds by in that behalf by the company as its attorney signs on behalf g*^™^^"* of the company and seals with his seal shall be binding on the company and shall have the same effect as if it was under the seal of the company. N.W.T.. c. 61, s. 78. 79. Every contract, agreement, engagement or bargain Contracts, made and every bill of exchange drawn, accepted or indorsed ^;^']^ "^g^^ e^. and every promissory note and cheque made, drawn or in- for company dorsed on behalf of the company by any agent, officer or '^^ '*^ officers. servant of the company in general accordance with his powers as such under the bylaws of the company shall be binding upon the company ; and in no case shall it be nec- essary to have the seal of the company affixed to any such contract, agreement, engagement, bargain, bill of exchange, promissory note or cheque or to prove that the same was made, drawn, accepted or indorsed as the case may be in pursuance of any by-law or special vote or order ; and the person so acting as agent, officer or servant of the company shall not be thereby subjected individually to any liability whatsoever to any third person therefor : Provided always that nothing in this Ordinance shall be Proviso. construed to authorize the company to issue any note pay- able to the bearer thereof or any promissory note intended to be circulated as money or as the note of a bank or to en- gage in the business of banking or insurance. N.W.T., c. "61, s. 79. 4:12 Proof by affidavit, etc. Cap. 5*7 CONSOLIDATED ORDINANCES 0.0. Use of corporate name of company "limited" to be appended. Penalties. Prospectuses and notices. Contents. SO. Proof of any matter which is necessary to be made under this Ordinance may be made by oath or affirmation or by solemn declaration before any justice of the peace or any commissioner for taking affidavits to be used in any of the courts within the Territory or in any of the Territories or Provinces of Canada or any officer authorized to administer oaths or affidavits to be used in the Territorial Court of the Territory. N.W.T., c. 61, s. 80. 81. The company shall keep painted or affixed its name, withthe word "limited" afterthename,ontheoutsideof every office or place in whi ch t he business of the company is carried on in a conspicuous position in letters easily legible and shall have its name with the said word after it engraved on its seal and shall have its name with the said word after it men- tioned in legible characters in all notices, advertisements and other official publications of the company and in all bills of exchange, promissory notes, indorsements, cheques and orders for monoy or goods purporting to be signed by or on behalf of such company and in all bills of parcels, invoices and receipts of the company. (2.) Every company which does not keep painted or affixed its name with the word " limited" after it in man- ner directed by this Ordinance shall incur a penalty of |20 for every day during which the same is not so kept painted or affixed. (3.) Every director and manager of the company who knowingly and wilfully authorises or permits such default shall be liable to the like penalty. (4.) Every director, manager or officer of the company and every person on its behalf who uses or authorises the use of any seal purporting to be a seal of the company whereon its name with the word " limited " after it is not so engraven as aforesaid or who issues or authorises the issue of any notice, advertisement or other official publication of such company or who signs or authorises to be signed on behalf of such company any bill of exchange, promissory note, indorsement, cheque, order for money or goods or who issues or authorizes to be issued any bill of parcels, invoice or receipt of the company wherein its name with the said word after it is not mentioned in manner afore- said shall incur a penalty of $200 and shall also be per- sonally liable to the holder of any such bill of exchange, promissory note, cheque or order for money or goods for the amount thereof, unless the same is duly paid by the com- pany. N.W.T.., c. 61, s. 81. 82. Every prospectus of the company and every notice inviting persons to subscribe for shares in the company shall specify the dates and the names of the persons to any contract entered into by the company or the promoters, directors or trustees thereof before the issue of such pros- 1902 JOINT STOCK COMPANIES Cap. 5*7 478 pectus or notice whether subject to adoption by the direc- tors of the company or otherwise and every prospectus or notice which does not specify the same shall with respect Fraudulent to any person who takes shares in the company on the faith P™speot"ses. of such prospectus or notice and who has not had notice of such contract, be deemed fraudulent on the part of the pro- moters, directors and officers of the company who know ingly issue such prospectus or notice. N.W.T., c. 61, s. 82. 83. The company shall not be bound to see to the execu- company not tion of any trust whether express, implied or constructive '^°™'i ^y in respect to any share ; and the receipt of the shareholder affecting in whose name the same stands in the books of the com- ^"^''®^' pany shall be a valid and binding discharge to the com- pany for any dividend or money payable in respect of such share and whether or not notice of such trust has been given to the company ; and the company shall not be bound to see to the application of the money paid upon such receipt. N-W-T., c. 61, s. 83. 84. Every director of the company and his heirs, execu- indemnity to tors and administrators, and estate and effects, respectively, directors. may with the consent of the company given at any general meeting thereof from time to time and at all times be indemnified and saved harmless out of the funds of the company from and against all costs, charges and expenses whatsoever which he or they sustain or incur in or about any action, suit or proceeding which is brought, com- menced or prosecuted against him or them for or in respect of any act, deed, matter or thing whatsoever made done or permitted by him or them in or about the execution of the duties of his office ; and also from and against all other costs, charges and expenses which he or they sustain or incur in or about or in relation to the affairs thereof, except such costs, charges, or expenses as are occasioned by his or their own wilful neglect or default. N.W.T., c. 61, s. 84. 85. The charter of the company shall be forfeited by Forfeiture of non-user during three consecutive years or if the company ^^n'^u^e^'' does not go into actual operation within three years after it is granted. N.W.T , c. 61, s. 85. 86. The directors of every company shall lay before its Directors' shareholders a full printed statement of the affairs and g^^rXoMers" financial position of the company at or before each general meeting of the company for the election of directors. N.W.T., c. 61, s. 86. 87'. No steps shall be taken by the Commissioner towards Fees to be the issue of any letters patent or supplementary letters P^tenUssued. patent under this Ordinance until after all fees therefor are duly paid. N.W.T., c. 61, s. 8*7. 4*74 Cap. 5t CONSOLIDATED ORDINANCES 0.0. SPECIAL CLAUSES FOR WATER, GAS, ELECTRIC AND TELE- PHONE COMPANIES. Provisions regarding gas, water, etc., companies. Erection of works. Municipal contract. Exemption from taxation. Exclusive privileges. Powers of companies. 88. In addition to the general provisions of this Ordi- nance the provisions contained in the nineteen sections next following shall apply to gas and water companies and companies tor supplying electricity for purposes of light, heat or power or of operating a system of telephones and to them only and such companies are hereinafter referred to respectively as gas, water, electric and telephone companies. N.W.T., c. 61, s 88. 89. Gras, water, electric, or telephone companies incor- porated under this Ordinance shall respectively have full power to construct, maintain, complete and operate works and apparatus for the production, sale and distribution of gas, water, or electricity for the purpose of light, heat or power or of operating a system of telephones as the case may be and may construct and operate the same by any means through, under, along or over streets, highways, and public places ; but subject always to such agree- ment in respect thereof as shall be made between the company and the municipal corporation within whose jurisdiction the same are situate and be ratified by a by-law of the council of such municipality ; and such muni- cipality may by agreement r.i.tified as aforesaid contract with any such company for the purchase of water, gas or electricity and for the purchase or renting of any apparatus connected with the production, sale or distribution thereof for any number of years not in the first instance exceeding ten years and renew any such contract from time to time for such period not exceeding ten years as such council desires ; and any such municipality may by by-law if it shall see fit so to do grant to any such company but only within the limits of time above mentioned exemption from taxation aud the exclusive privilege of supplying water, gas or electricity for any of the purposes aforesaid within the limits of the municipal corporation. In the case of streets highways and public places not within the limits of any municipality, the right of any such gas, water, electric or telephone company to make use of such streets, highways or public places to the extent indicated in this Ordinance shall be subject to such terms as may be imposed by the Commissioner upon application first made by such com- pany. N.W.T., c. 61, s. 89. No. 10, of 1900, s. 2. 90. Every company may sell and dispose of gas meters and gas, water and electric fittings of every description for the use of private and public houses or for any establish- ment, company or corporation whatsoever as well as coke, coal, tar, and all and every the products of their works, refuse or residuum arising or to be obtained from the mate- 1902 JOINT STOCK COMPANIES Cap. 6*7 4*75 rials used or necessary for the manufacture of gas or electri- city ; and every company may let out to hire gas meters and gas, water and electric fittings of every kind and description at such rate and rents as may be agreed upon between the consumers and tenants and such company. N. W.T., c. 61, s. 90. 91. Any such company may break up, dig and trench Laying mains and use so much and so many of the streets, squares, high- Xeets"^^*™ ways, lanes and public places of the locality for supplying which with gas, water or electriciry or either of them the company has been incorporated as are necessary for laying the mains and pipes to conduct, the gas or water or for placing the wires and connections to conduct the electri- city from the works of the company to the consumers or users thereof doing no unnecessary damage in the premises and taking care as far as may be to preserve a free and unin- terrupted passage through the said streets, squares, high- ways, lanes and public places while the works are in pro- gress. N.W.T , c. 61, s. 91. 92. When any such company has laid down mains, pipes, Company's wires or conductors for the supply of gas, water or electri- reitrding city through any of the streets, squares or public places of mains and any locality no other person or persons, bodies politic or ^^^p"^' corporate shall without the consent of such company first had and obtained nor otherwise than on payment to such company of such compensation as may be agreed upon lay down any pipe, wire or conductor for the supply of gas, water or electricity within six feet of such com- pany's main pipes, wires or conductors or if it be imprac- ticable to cut drains for such other main pipes, wires or con- ductors at a greater distance then as nearly six feet as the circumstances of the case will admit. N.W.T., c. 61, s. 92. 93. When there are buildings within the locality the Supplying different parts whereof belong to different proprietors or are jg^i^li^^g in possession of different tenants or lessees the company may having carry pipes, wires or conductors to any part of any building ^J^otTot so situate passing over the property of one or more proprie- tenants, tors or in the possession of one or more tenants to convey the gas, water or electricity to the property of another or in the possession of another and such pipes, wires or con- ductors shall be carried up and attached to the outside of the building. N.W.T., c. 61, s. 93. 94. The company may also break up and uplift all pass- Breaking ap ages common to neighbouring proprietors or tenants and dig passages, etc, or cut trenches therein for the purpose of laying down pipes, wires or conductors or taking up or repairing the same doing as little damage as may be in the execution of the powers granted by this Ordinance. N.W.T., c. 61, s. 94. 4^6 Cap. 51 CONSOLIDATED ORDINANCES CO. Compensation 95. Every company shall make satisfaction to the own- ners or proprietors of buildings or other property or to the public for all damages by them sustained in or by the exe- cution of all or any of the said powers subject to which provisions this Ordinance shall be sufficient to indemnify every such company and their servants, and those by them employed for what they or any of them do in pursuance of the powers hereby granted. Procedure. (2.) Every person claiming compensation from the com- pany under this section shall proceed by originating sum- mons. N.W.T., c. 61. s. 95. Location of works. 96. Every such company shall construct, locate and operate their gas works, water works or electric or telephone system and all apparatus and appurtenances thereto belong- ing or appertaining or therewith connected and wheresoever situated so as not to endanger the public health or safety. N.W.T., c. 61, s. 96. Limitation of powers of company. Privileges of other companies. 97. Nothing contained in this Ordinance shall authorize any such company or any person acting under the authority of the same to take, use or injure for the purposes of the company any house or other building or any land used or set apart as a garden, orchard, yard, park, paddock, planta- tion, planted walk or avenue to a house, or nursery ground for trees, or to convey from the premises of any person any water already appropriated and necessary for his domestic uses without the consent in writing of the owner or owners thereof first had and obtained. N."W.T., c. 61, s. 97. 98. Nothing in this Ordinance shall authorize any com- pany established under it to interfere with or infringe upon any exclusive privilege granted to any other company. N. W.T., c. 61, s. 98. Individual rights. 99. Nothing in this Ordinance contained shall prevent any person from constructing any works for the supply of gas or water to his own premises. N.W.T., c. 61, s. 99. Exemption from distress and seizure. lOO. Neither the service nor the connecting pipes, wires or conductors of the company, nor any metres, lustres, lamps, pipes, gas fittings, electric fittings, or any other property of any kind whatsoever of the company shall be subject to or liable for rent nor liable to be seized orattached in any way by the possessor or owner of the premises wherein the same may be nor be in any way whatsoever liable to any person for the debt of any person to and for whose use or the use of whose house or building the same may be sup- plied by the company notwithstanding the actual or appa- rent possession thereof by such person. N.W.T., c. 61, s. 100. 1902 JOINT STOCK COMPANIES Cap. 67 4*7Y PEOHIBITIONS AND PENALTIES. 101. If any person supplied by the company with gas, Nonpayment water or electricity neglects to pay the rent, rate or charge °* ^^*^^' ®*°" due to the company at any of the times fixed for the pay- ment thereof the company or anyone acting under its authority on giving forty-eight hours' previous notice to the person supplied may stop the supply of gas, water or electricity from entering or being supplied to the premises of the person in arrear as aforesaid by cutting off the service pipe or pipes, wires or conductors or by such other means as the company or its officers see fit and may recover the rent or charge due up to such time together with the ex- pense of cutting off the gas, water or electricity as the case may be, in any competent court notwithstanding any con- tract to furnish for a longer time. N.W.T., c. 61, s. 101. 102. In all cases where the company may lawfully cut Entry of off and take away the supply of gas, water or electricity from premises by any house, building or premises the company, their agents of company. or their workmen upon giving forty-eight hours' previous notice to the person in charge or the occupier may enter into the house, building or premises between the hours of nine o'clock in the forenoon and five o'clock in the after- noon making as little disturbance and inconvenience as possible and may remove and take away any pipe, meter, cock, branch, lamp fitting or apparatus the property of and belonging to the company and any servant duly authorized by the company may between the hours aforesaid enter any house into which gas, water or electricity have been taken or supplied for the purpose of repairing and makiug good any such house, building or premises or for the purpose of examining any meter, pipe, apparatus or fitting belonging to the company or us^d for their gas, water or electricity and if any person refuses to permit or does not permit the servants and ofiicers of the company to enter and perform the acts aforesaid the person so refusing or obstructing shall incur a penalty to the company, for every such offence, of |20 and a further penalty of $4 for every day during which such refusal or obstruction continues, to be recovered with costs as hereinafter provided. N.W.T., c. 61, s. 102. 103. "Where any customer discontinues the use of the Removal of gas, or other means of lighting, or heating or water o^elec- ^"erfsertioe tricity furnished or supplied by a company incorporated discontinued. under this Ordinance or the company lawfully refuses to continue any longer to supply the same, the ofiicers and servants of the company may at all reasonable times enter the premises in or upon which such customer was supplied with gas, or other means of lighting or heating, or water or electricity for the purpose of removing therefrom any fittings, machines, apparatus, meters, pipes, wires, conduc- 4>78 Cap. 6*7 CONSOLIDATED OEDINANCES 0.0. tors or other things, being the property of the company, in or upon such premises and may remove the same therefrom doing no unnecessary damage. N.W.T., c. 61, s. 103. ABBITRATIONS. Expropriation 104. If it is fouud nccessary or deemed proper to con- duct any of the pipes, wires or conductors or to carry any of the works of the company through the lands of any person lying within or within ten miles of the locality for supplying which the company is incorporated and the con- Appointment sent of such person cannot be obtained for that purpose the of arbitrators, company may take or use the land required and nominate and appoint a disinterested person and the owner or owners of the land taken or damaged may nomininate and appoint another, which two persons so appointed shall nominate and appoint a third person and the said three persons shall act as abitrators in the matter between the company and the owner or owners of the property. (2) Nothing in this section shall authorize the company to take or use any house, land or property in contravention of section 9*7 of this Ordinance. N.W.T , c. 61, s. 104. Powers and duties of arbitrators. Payment of award. Failure to appoint arbitrator. 105. The said arbitrators shall examine all witnesses and administer all necessary oaths or declarations to them and the said arbitrators or a majority of them shall award, deter- mine and adjudge what sum or sums of money respectively shall be paid to the owner or owners of the property so taken or damaged by the company. N.W.T., c. 61, s. 105. ]06« The sum or sums of money so awarded shall be paid within three months after the date of the award and in default of such payment the owner or owners may resume the possession of his property with all the rights appertaining thereto but the company shall be held liable to such owner for any damage it may have done to the property. N.W.T., c. 61, s. 106. lOT. In the event of the company or the owner of such pro- perty failing to appoint an arbitrator after eight days' notice 'from one of the said parties to the other or of the said two arbritrators failing to appoint a third, a judge of the Terri- torial Court, may appoint a third arbitrator and the decision of the said three arbitrators or a majority of them shall be binding on all parties concerned. N.W.T. , c. 61, s. 107. Proceedings for penalties ENFORCEMENT OF PENALTIES. 108. Unless otherwise herein provided proceedings for fines, penalties and forfeitures imposed by this Ordinance may be taken by the company or by any person whose pro- 19C2 JOINT STOCK COMPANIES Cap. 51 4*79 perty is injured, to and for the use of the company or such person, either in the manner hereinbefore directed or before a justice of the peace in a summary way. N.W.T c 61 g. 108. FEES FOR LETTERS PATENT. 109. In addition to the cost of all necessary advertising Fees on issue in the Yukon Official Gazette the following fees shall be°^J®'*,f''^ paid on application for letters patent of incorporation and ^* ™ supplementary letters patent under this Ordinance ; 1. When the capital stock of the company is $400,000 and upwards the fee to be |500 ; 2. When the capital stock of the company is $200,000 and upwards and under $400,000 the fee to be |400 ; 3. When the capital stock of the company is $100,000 and upwards and xinder $200,000 the fee to be $300 ; 4. When the capital stock of the company is $40,000 and upwards and under $100,000 the fee to be $200 ; 5. When the capital stock of the company is over $10,000 and under $40,000 the fee to be $150 ; 6. And when the capital stock of the company is $10,000 or under the fee to be $100 ; Y. On application for supplementary letters patent the fees to be one half of that charged on the original letters patent. N.W.T., c. 61, s. 109. No. 10 of 1900, s. 5. SOHBUULE. FOEM A. [Section 15.) Public notice is hereby given that under The Companies* OrdiTiance letters patent have been issued under the seal of the Yukon Territory bearing date the day of incorporating (here state name, address and calling of each corporator named in the letters patent), for the purpose of (here state the undertaking of the company as set forth in the letters patent) by the name of (here state the name of the company as in the letters patent) with a capital stock of dollars divided into shares of dollars. Dated at Dawson this day of 19 A. B., Territorial Secretary. 480 Cap. 51 CONSOLIDATED ORDINANCES C. 0. FORM B. {Section 20.) Public notice is hereby given that under The Companies' Ordinance supplementary letters patent have been issued under the seal of the Yukon Territory bearing date the day of , whereby the undertaking of the {here insert name of the company) has been extended to include {here set out the other purpose or objects mentioned in the supplementary letters patent.) Dated at Dawson this day of 19 A. B., Territorial Secretary. FOEM 0. {Section 21.) Public notice is hereby given that under The Companies' Ordinance supplementary letters patent have been issued under the seal of the Yukon Territory bearing date the day of , whereby the total capital stock of {here state the name of the company) is increased {or reduced as the case may be) from dollars to dollars. Dated at Dawson this day of 19 A. B., Territorial Secretary. 1902 INCORPORATED COMPANIES Cap. 68 481 CHAPTER 58. An Ordinance to Authorize the Changing of the Names of Incorporated Companies. !• When any incorporated company within the legislative Commissioner authority of the Council of the Territory whether incorpor- ™a.y chpnge ated under a special or a general Ordinance is desirous of company. changing its name the Commissioner upon being satified that the company is in a solvent condition, that the change desired is not for any improper purpose and is not otherwise . objectionable and that the notice hereafter provided for has been duly given may by Order change the name of the com- pany to some other name set forth in the said Order. N.W.T., c. 62, s. 1. 2. The company shall give by notice published in two Publication consecutive issues of the Yukon Official Gazette and in two °ppi°oatio°n to insertions of some other newspaper published in or near the change name. locality in which the operations of the company are carried on during the time within which such notice is appearing in the said gazette, notice of the intention to apply for the change of name and shall state the name proposed to be adopted. N.W.T., c. 62, s. 2. 3. In case the proposed new name is considered objec- Commissioner tionable the Commissioner may if he thinks fit change the "^*y change name of the company to some other unobjectionable name name. without requiring any further notice to be given. N.W.T., 0. 62, s. 3. 4. Such change shall be conclusively established by the Notice in insertion in the Yukon Official Oazete of a notice thereof by gf„hang^e™f the Territorial Secretary for which a fee of $5 shall be pay- name. able. ISr.W.T., c. 62, s. 4. 5« No contract or engagement entered into by or with the No contract, company and no liability incurred by it shall be aifected by by change.^ the change of name ; and all suits commenced by or against the company prior to the change of name may be proceeded with against or by the company under its former name. N.W.T., c. 62, s 5. 31— Y. o 482 Cap. 59 CONSOLIDATED ORDINANCES CO. CHAPTER 59. An Ordinance respecting- Foreign Corporations. SHORT TITLE. Short title. !• This Ordinance may be cited as panies Ordinance." N.W.T., c. 63, s. 1. The Foreign Com- Gorporations to obtain license before doing business Certain documents to be filed with Territorial secretary. Power of attorney. Evidence of license. FOREIGN COMPANIES, LICENSES, STATEMENTS, ETC. 2- Any company, institution or corporation incorporated otherwise than by or under the authority of an Ordinance of the Territory or an Act of the Parliament of Canada de- siring to carry on any of its business within the Territory may (through the Territorial Secretary) petition the Com- missioner for a license so to do and the Commissioner may thereupon authorise such company, institution or corpora- tion to use, exercise or enjoy any powers, privileges and rights set forth in the said license. (2) No such license shall be issued until such company, institution or corporation has deposited in the office ol the Territorial Secretary a true copy of the Act, charter or other instrument incorporating the company, institution or cor- poration verified in the manner which may be satisfactory to the Commissioner together with a duly executed power of attorney empoyrering some person therein named and resid- ing in the Territory to act as its attorney and to sue and be sued, plead or be impleaded in any court and generally on behalf of such company, institution or corporation and within the said Territory to accept service of process and to receive all notices and for the purposes aforesaid to do all acts and to execute all deeds and other instruments re- lating to the matters within the scope of the power of at- torney ; and such company, institm ion or corporation may from time to time by a new or other power of attorney exe- cuted and deposited as aforesaid appoint another attorney within the Territory for the purposes aforesaid to replace the attorney formerly appointed; and notice of the grant- ing of such license shall be given forthwith by the Terri- torial Secretary in the official gazette. (3) The license or any exemplification thereof under the seal of the Territory shall be sufficient evidence in any pro- ceeding in any court of the Territory of the due licensing of the company, institution or corporation as aforesaid. 1902 FOREIGN CORPORATION p. 9 483 (4) A company, institution or corporation licensed under Annual this section shall on or before the thirty-first day of Janu- beluSed ary in every year during the continuance of such license make a statement to the Territorial Secretary verified by affidavit containing, as of the thirty-first day of December preceding, a summary of the following particulars : (a) The corporate name of the company, institution or corporation ; (b) The manner in Vfhich the company, institution or corporation is incorporated ; (c) The place where the head office of the company, institution or corporation is situated ; (d) The place or places where or from which the under- taking of the company, institution or corporation is carried on ; (e) The name, residence and post office address of the president, the secretary and the treasurer of the company, institution or corporation ; {/) The name, residence and post office address of each of the directors of the company, institution or cor- poration ; ig) The date upon which the last annual meeting of the company, institution or corporation was held ; {h) The amount of the capital of the company, institu- tion or corporation and the number of shares into which it is divided ; {i) The number of shares subscribed for and allotted ; (j) The amount of stock (if any) issued free from call ; if none is so issued, the fact to be stated ; {k) The amount issued subject to call ; (l) The number of calls made on each share ; (m) The total amount of calls received ; {n) The total amount of calls unpaid ; (o) The total amount of shares forfeited ; {p) The total amount of shares which have never been allotted or subscribed for ; {q) The total amount for which shareholders of the company, institution or corporation are liable in respect of the unpaid stock held by them ; (r) In a concise form any further information respect- ing the affairs of the company, institution or cor- poration as the directors consider expedient ; (5) The summary in the next preceding subsection summary to mentioned shall be verified by the affidavit of the president be verified. and secretary and if there is no president or he is unable to make the same by the affidavit of the secretary and one of the directors, and if there is no secretary or he is unable to make such affidavit by the affidavit of the president and one of the directors and if there is neither a president or secretary or they are both unable to make such affidavit, by the affidavit of two of the directors and if the president or 31J— Y. o. 484 Cap. 59 consolidated (irdinanges C O. secretary does not make or join in the affidavit the reason therefor shall be stated in the substituted affidavit. Penalty for (6) Any Company, institution or corporation making de- fault in complying with the provisions of this section shall be liable to a penalty of $50 for each and every day during which default continues ; and every director, manager, secretary, agent, traveller or salesman of such company, institution or corporation who transacts within the Terri- tory any business whatever for such company, institution or corporation shall, for each day upon which he so transacts such business, on summary conviction thereof before a justice of the peace incur a penalty of $50, such penalties to belong to the general revenue fund of the Territory. Commissioner (7) ^he Commissioner may by Order (a notice of which OT^revoke^" shall be published by the Territorial Secretary in the license. Yukon Official Gazette or otherwise as may be prescribed in the said Order) suspend or revoke and make null and void any license granted under this section to any company, institution or corporation which refuses or fails to comply with any of the proAasions of this section and (notwith- standing such suspension or revocation) the rights of creditors of the company, institution or corporation shall remain as at the time of such suspension or revocation. N.W.T., c. 62, s. 2. Amount of 3. Every company, institution or corporation licensed oapitafto Under this Ordinance shall have written or printed on its app«ar on ^ prospectuses, uotices, advertisements and other official publications and in all bills of parcels, invoices and receipts of the company, institution or corporation immediately after or under the name of such company, institution or corpora- tion the amount of its paid up capital and every such com- pany, institution or corporation which refuses or neglects to comply with this section shall be liable to a penalty not exceeding |20 for each such offence ; and every director, manager or agent of any company, institution or corpora- tion who knowingly authorizes or permits such default shall on summary conviction thereof be liable to the like penalty, such penalties to belong to the general revenue fund of the Territory. N.W.T., c. b2, s. 3; No. 4 of 1901, s. 2 and 3. 4. The Commissioner may from time to time appoint a person with salary to prosecute any company, institution or corporation making default in complying with the pro- visions of this Ordinance. No. 4 of 1901, s. 4. 5. No license shall be issued to any company unless such company has paid to the Territorial Trea^iirer the proper fee according to the tariff of fees in the'^ichedulf to this- Ordinance provided. No. 6 of 1902, s."4. ""^^ "f ,,'''_ all documents. 1902 FOKEIGN CORPORATION Cap. 59 485 6. No company requiring a license under this Ordinance shall carry on any part of its business in the Yukon Terri- tory until it has been duly licensed under this Ordinance. No. 6 of 1902, s. 5. T. Any such company carrying on business without being duly licensed, and any company, firm, broker or other persons carrying on business as a representative or on behalf of such company shall be liable on summary con- viction to a penalty of $50 for every day on which such business is carried on in contravention of this section, and proof of compliance with the provisions of this section shall at all times be upon the accused. (2) The taking orders for or the buying or selling goods, wares and mechandise by travellers or by correspondence if the company has no resident agent or representative, and no office or place of business in the Yukon Territory, the onus of proving which shall in any prosecution under this section rest on the accused, shall not be deemed to be carry- ing on business within the meaning of this Ordinance. No. 6 of 189'2, s. 6. 8. No such, company shall while unlicensed, be capable of maintaining any action or other proceeding in any court in respect of any contract made in whole or in part in the Territory, in the course of or in connection with business carried on without a license contrary to the provisions of section 6 hereof. (2) In any action or proceeding the burden of showing that it is licensed shall be upon the company. No. 6 of 1902, s. 1. SCHEDULE.— SEC. 5. TARIFF OF FEES. If the capital stock is #400,000 or more $500.00 If the capital stock is |200,000 or more, and less than $400,000 400.00 If the capital stock is $100,000 or more, and less than $200,000 300.00 If the capital stock is $40,000 or more, and less than $100,000 200 00 If the capital stock is $10,000 or more, and less than $40,000 150 00 If the capital stock is less than $10,000 100.00 486 Cap. 60 CONSOLIDATED ORDINANCES CO. CHAPTER 60. Disposition of stock. An Ordinance respecting Mining- Companies. !• Any company incorporated by letters patent under The Companies' Ordinance for mining purposes may from time to time dispose of shares and stock at such times to such persons and on such terms and conditions and at such premium or discount or in such manner as the directors think advantageous to the company ; provided however that no by-law foi the reduction or sale of stock at any greater discount or at any less premium than what has been previously authorised at the general meeting of the shareholders shall be valid or acted upon until the same has been confirmed at a general meeting. N.W.T., c. 64, s. 1. Limitation of shareholders' liability. Certificates of stock, what to contain. "Nonpersonal liability " to appear on documents issued by company. 2. Where application is hereafter made to the Commis- sioner for the incorporation by letters patent under said Ordinance of any company for mining purposes, such let- ters patent may if the petition of the applicants so requires contain a provision that no liability beyond the amount actually paid upon stock in such company by the sub- scribers thereto or the holders thereof shall attach to such subscriber or holder. N.W.T., c. 64, s. 2. 3. "Where letters patent incorporating any such company have been issued containing the provision mentioned in section 2 of this Ordinance every certificate of stock issued by the company shall bear upon the face thereof distinctly ■written or printed in red ink after the name of the com- pany the words " Issued under section 2 of An Ordinance respecting Mining Companies and non-assessable." Where such stock is issued subject to further assessments the word "assessable" or if not subject to further assessments the word " non-assessable " shall be used on such certificate as the case may be. N.W.T., c. 64, s. 3. 4. Every mining company the charter of which contains the said provision shall have written or printed on its char- ter, prospectuses, stock certificates, bonds, contracts, agree- ments, notices, advertisements and other ofiicial publica- tions and in all bills of exchange, promissory notes, indorse- ments, cheques and orders for money or goods purporting to be signed by or on behalf of the-company and in all bills of parcels, invoices and receipts of the company immediately after or under the name of such company and shall have engraved upon its seal the words " non personal liability," and every such company which refuses or neglects to com- 1902 MINING COMPANIES Cap. 60 487 ply with this section shall on summary conviction thereof incur a penalty of $20 for each day during which such words are not so kept written or printed ; and every direc- tor and manager of the company who knowingly and wil- fully authorizes or permits such default shall on summary conviction thereof be liable to the like penalty. N.W.T., c. 64, s. 4. 5. In the event of any call or calls on stock in a com- Sale of ' pany so incorporated remaining unpaid by the subscriber ^o°„°\°ment thereto or holder thereof for a period of sixty days after rfeaSs."^^" notice and demand of payment such stock may be declared to be in default and the secretary of the company may advertise such stock for sale at public auction to the highest bidder for cash by giving notice of such sale in some newspaper published at the place where the principal office of the company is situated or in case no newspaper is published thereat then in a newspaper published in the nearest place to said office for a period of one month ; and said notice shall contain the number of the certificate or certificates of such stock and the number of shares, the amount of the assessment due and unpaid and the time and place of sale ; and in addition to the publication of the notice aforesaid notice shall be personally served upon such stockholder by registered letter mailed to his last known address ; and if the subscriber or holder of such stock shall fail to pay the amount due on such stock with interest upon the same and cost of advertising before the time fixed for such sale the secretary shall proceed to sell the same or such portion thereof as shall suffice to pay such assessment together with interest and cost of advertising : Provided that if the price of the stock so sold exceed the amount due with interest and costs thereon, the excess thereof shall be paid to the defaulting stockholder. N W.T., c. 64, s. 5. <»• No shareholder or subscriber for stock in any com- Extent of pany so incorporated shall be personally liable for non- shareholders. payment of any calls made upon his stock beyond the for- feiture and sale, in the event of non-payment of such calls of the amount if any already paid on the stock held or sub- scribed for nor shall such shareholder or subscriber be per- sonally liable for any debt contracted by the company or for any sum payable by the company beyond the amount if any paid by him upon such stock. N.W.T , c. 64, s. 6. '?'• Section 8 of The Companies Ordinance as well as all Application other parts of such Ordinance and of other Ordinances as ordinances, are not inconsistent w:th this Ordinance shall apply to mining companies. N.W T., c. 64, s. 1. 488 Cap. 61 consolidated ordinances C. 0. CHAPTER 61. An Ordinance respecting Benevolent and other Societies. Power to form 1- Any five or more persons of full age may become in- societiesfor corporated under this Ordinance for any benevolent or rrarposes. provident purpose or for any other purpose not illegal save and except for the purpose of trade or business or any purpose provided for by any of the Ordinances mentioned in the schedule hereto. N.W.T., c. 66, s. 1. Mode of 2« The proceedings to obtain incorporation shall be as incorporation. foUowS : 1. Such persons shall make and sign a declaration in writing setting forth the intended corporate name of the society the purpose of the society, the names of those who are to be the first trustees or managing officers, the mode in which their successors are to be appointed and such other particulars and provisions as the society thinks fit provided that the said particulars and provisions are not contrary to law ; 2. The declaration may be made and signed in duplicate or in as many parts as are required ; 3. The said declaration may be produced to any judge of the Territorial Court of the Yukon Territory and if the same appears to him to be in conformity with this Ordin- ance he shall indorse thereon a certificate to that effect; 4. One of the original parts of the said declaration shall be filed in the office of the clerk of the court and the fee of fifty cents shall accompany such filing ; 5. "When these directions shall have been complied with the persons who signed the declaration shall thereby be- come and they, their associates and successors, shall thence- forth be a body corporate and politic and shall have the powers rights and immunities vested by law in such bodies. N.W.T., c. 66, s. 2. Societies may 3. The Society so incorporated may from time to time branches. have or establish and maintain any number of branches thereof to promote the objects of the society. N.W.T., c. 66, s. 3. Officers. 4. The society may from time to time appoint trustees, a treasurer, a secret-ary and other officers for conducting its affairs and for the discipline and management of the society; 1902 BENEVOLENT AND OTHER SOCIETIES Cap. 61 489 and may from time to time make by-laws, rules and regula- By-laws and tions for the government and for conducting the affairs of ''"'^^• the society or of any branches thereof ; and may from time to time alter or rescind such by-laws, rules or regulations. N.W.T., c. 66, s. 4. 5. Any two or more societies or branches of a society Different may unite and form one society or branch for the purpose b^anche^""^ of erecting buildings for the use of the societies or branches may unite. and, if they so desire, for other purposes, on such terms as are agreed upon by authority of a resolution assented to by a majority of the members of each of the said socities or branches proposed to be united : Provided that every such resolution is passed at a general meeting of each of the societies or branches concerned in such union, to be specially called for that purpose. N.W T., c. 66, s. 5. 6. A person under the age of twenty-one years, elected Liability or admitted as a member of a society, or appointed to any underage. office therein shall be liable to the payment of fees and otherwise under the rules of the society as if he were of full age. N.W.T., c. 66, s. 6. T. When under the rules of the society money of the Benefits t<5 society becomes payable to or for the use or benefit of a ™e™bers. member thereof such money shall be free from all claims Exemption by the creditors of such member ; and when on the death o^^edftOTs. of a member of a society any sum of money becomes payable under the rules of the society, the same shall be paid by the treasurer or other officer of the society to the person or persons entitled under the rules thereof or shall be applied by the society as is provided- by such rules; and such money shall be, to the extent of $2,000, free from all claims by the personal representative or creditors of the deceased ; and in case any sum is paid in good faith to the person who appears to the treasurer or Payment in other officer to be entlitled to receive the same, oris applied good faith to in good faith for the purposes by the rules provided, no """""^ ^®'^°"' action shall be brought against the society or such treasurer or officer in respect thereof; but nevertheless if it subse- quently appears that such money has been paid to the wrong person the person entitled thereto may recover the amount with interest from the person who has wrongfully received it. X.W.T., c. 66, s. 7. 8- No society or branch incorporated under this Ordi- Powers of nance shall be entitled to acquire or hold as purchasers or f,°^'|'^^'i^^^° otherwise any lands or tenements or any interests therein exceeding in the whole at any one time the annual value of |5,000 nor shall the society or branch be entitled to purchase land except for the actual use and occupation of 490 Cap. 61 CONSOLIDATED ORDINANCES CO. the society for the purposes of the society. N.W.T., c. 66, s. 8. Powers as to taking and retaining, lands by gift, devise or bequest. ?>• Any such society or branch may from time to time take by gift, devise or bequest, any lands or tenements or any interests therein, provided such gift, devise or bequest is made at least six months before the death of the pt-rson making the same ; but the society or branch shall at no time take by gift, devise or bequest, lands or tenements, or any interests therein, the annual value of which, togetjier v?ith that of all other lands and tenements theretofore acquired by like means and then held by the society or branch, exceeds in the whole $1,000 ; nor shall the society or branch at any time take by gilt, devise or bequest, lands', tenements or hereditaments the annual value of which, together with all the other real estate of the society or branch, exceeds $5,000; and no lands or tenements acquired by gifts, devise or bequest within the limits aforesaid, but not required for the actual use or occupation of the society or branch, shall be held by the society or branch for a longer period than seven years after the acquisition there- of, and within such period the same shall be absolutely disposed of by ihe society or branch ; and the society or branch shall have power within such period, in the name of the society or branch, to grant and convey the said lands and tenements to any purchaser so that the society or branch no longer retains any interest therein ; and the proceeds on such disposition shall be invested in public securities, municipal debentures or other approved securities, not including mortgages on land, for the use of the society or branch ; and lands, tenements or interests therein required by this Ordinance to be sold or disposed of by the society or branch which have not, within the said period, been so disposed of, shall revert to the person from whom the same were acquired, his heirs, executors, administrators or assigns. N.W.T., c. 66, s. 9, lO. Any society may in pursuance of a resolution assent ed to by a majority of the members present at a general meeting specially called for that purpose, of which public notice shall be given in the manner provided by the by- laws, mortgage, sell, exchange or lease any lands of the society. N.W.T., c. 66,'s. 10. Copy of ll.A copy of the declaration under the second section of fncorporatlon ^^i^ Ordinance certified by the clerk of the said Territo- to be evidence, rial Court or his deputy to be a true copy shall he prima facie evidence of the facts alleged in the declaration and of the due making, signing and filing of the declaration as mentioned in the certificate ; and a copy of the declaration with a certificate of the said clerk or his deputy show- ing the particulars necessary for creating a corporation Powers to sell mortgage, etc. lands. 1902 BENEVOLENT AND OTHEE S CIETIES Cap. 61 491 under this Ordinance, shall be prima facie evidence that the society or branch is an incorporated society or branch under this Ordinance. N.W.T., c. 6(5, s. 11. 12. No defect of form in the certificate of the judge or Defects in in the proceedings to which the certificate of the judge ^°™- relates shall affect the validity of the incorporation. N'"W T., c. 66, s 12. 13. To facilitate the proof of a society or branch being an Certificate of incorporated society or branch under this Ordinance and to 1^ eSf '°°' prevent any future question as to the same, the society or as evidence. branch after the same has become incorporated as aforesaid, shall be entitled (if the society or branch thinks fit) to receive a certificate of such incorporation in manner hereinafter mentioned ; and a certificate so obtained shall be final and conclusive evidence of the society or branch being an incor- poration under this Ordinance unless the certificate on the order or decision of the court granting or authorising the same is reversed or set aside by some direct preceeding taken for Ihe purpose ; and the preceedings for the purpose of obtaining the certificate may be as follows : 1. The application for the certificate may be made by the Application society or branch to a judge of the Territorial Court. *°'' <=e'''ifi<=ate. 2. The application shall be supported by satisfactory evi- Evidence dence that the society or branch is a society or branch *''^''^°- within the true intent and meaning of this Ordinance ; that the proceedings necessary for incorporation have been duly taken ; that four weeks notice of the intention to apply for a certificate has been given to the Commissioner ; and that a like notice has been published for four weeks in the Yukon Official Gazette ; and if the judge is not satisfied with the evidence offered of these particulars in the first instance he may instead of dismissing the application give an op- portunity or opportunities for producing further evidence ; and if there is any defect in the proceedings taken to obtain incorporation the judge may permit the same to be supplied and he may in all cases require from time to time any fur- ther pablication to take place, and any other notice to be mailed, served or given which he deems necessary. 3. When'the judge is satisfied that the society or branch issue of is entitled to the certificate, the certificate may be issued "^^''^^^^^t^- by the clerk of the court in duplicate (under his hand and the seal of the court) or in as many parts as are required and the same shall name the day from and at which the incorporation was complete and effiectual, and any person shall thereafter be entitled to receive a certificate to the same effect sealed and signed as aforesaid ; which certificate or counterpart thereof shall be final and conclusive as here- inbefore mentioned. 4. The judges of the Territorial Court shall have power Oosts and to regulate the practice and costs in such cases. N.W.T , c. pi^actioe. 66, s. 13 492 Cap. 61 CONSOLIDATED ORDINANCES CO. Society to 14. It shall be the duty of the corporation when there- statement of TiJito required by the Commissioner or by the Council to real property, fumish a statement of the real property and of the estates therein held by the society and to give such details thereof as the Commissioner or the Council may from time to time require. N.W.T , c. 66, s. 14. Change of name, etc., of society. Order to be filed. Ki^hts and obligations of society not affected. 15. When a society incorporated under the, provisions of this Ordinance is desirous of changing its name or of chang- ing any of the purposes contained in the original certificate or declaration of incorporation, a judge of the Territorial Court upon being satisfied that the change desired is not for an improper purpose and is not otherwise objectionable, may make an order reciting the certificate and declaration of incorporation and making the change desired. (2.) Such order shall be filed in the office in which the certificate and declaration were filed and a copy of the order certified by the clerk of the Court or his deputy to be a true copy of the order filed in the said office shall be prima facie evidence of the change having been made as therein set forth. (3.) No change under the two next preceding subsections shall aflfect the rights or obligations of the society and all actions or proceedings commenced by or against the society prior to the change of name may be proceeded with by or against the society under its former name. N.W.T., c. 66, s. 15. Forms. *®* lu c^se the Commissioner adopts or approves of any forms for any of the proceedings under this Ordinance and the Order adopting or approving of the same is, with the forms, printed in the Yukon Official Gazette such forms shall be as effectual for the purposes mentioned in this Ordinance or in the Order as if the said forms had been inserted in this Ordinance. N.W.T., c. 66, s. 16. SCHEDULE. Ordinances for purposes not intended by this Ordinance: 1. The Ordinance respecting Partnerships. 2. The Ordinance respecting Companies. 3. The Ordinance respecting Cemeteries. 1902 MECHANICS' AND LITEEARY INSTITUTES Cap. 62 ' 493 CHAPTER 62. An Ordinance respecting Mechanics' and Literary Institutes. SHORT TITLE. !• This Ordinance may be cited as " The Mechanics' and Short title. Literary Institutes Ordinance." N.W.T. c. 67, s. 1. ORGANIZATION AND OBJECTS OF INSTITUTES. 2. A mechanics' and literary institute shall be held to Mode of have been organized under the provisions of this Ordinance °''samsation. vrhenever thirty persons resident in any city or town incor- porated or otherwise have signed a declaration setting out the amounts subscribed by each and naming the place where the institute purposes to carry on its objects and forwarded the same to the Territorial Secretary with an accompanying certificate signed by one of the subscribers and vertified before any person authorized to administer oaths or affidavits to be used in the Territoral Court such declaration and certificate to be in form A in the schedule hereto. N.W.T. c. 67, s. 2. 3. Upon the Commissioner approving the organization of Election of the proposed institute, the party making the certificate officers. accompanying the same or in his absence any one appointed by the Territorial Secretary shall call a meeting for the elec- tion of the various officers by public notice specifying the time and place of meeting published for two weeks iu the nearest newspaper or posted in five conspicuous public places in the city or town, or as the case may be at least fifteen days before the time fixed for holding such meeting. Such meeting shall be held in the city or town, where the institute intends prosecuting the objects for which the same has been organized. (2) The officers to be elected at such meeting shall be a president, vice-president, secretary-treasury, auditor and not less than five directors and the persons entitled to vote at such meeting shall be members. N.W.T., c. 6*7, s. 3. ■4. Any person may become a member of a mechanics' Annual and literary institute organized under this Ordinance by subscription. paying to I he treasurer thereof yearly the sum of $1 which 494 Cap. 62 CONSOLIDATED ORDINANCES CO shall be Keld to be due on the first day of each calendar year N.W.T., c. 6*7, s. 4. ' Purpose. Annual meeting. Voting, etc. Meeting of ■oificer.s. How called. AnnuaF report. 5. The objects of institutes organized under this Ordin- ance shall be to encourage mechanics, manufactures and arts generally : (a) By having evening classes organized for the impart- ing of practical instruction to its pupils ; (b) By establishing a library of books on one or more of the following subjects, viz : mechanics, manufac- tures, agriculture, horticulture, philosophy, science, the fine and decorative arts, history, travels, poetry, biography and fiiction ; (c) Establishing a reading room. N.W.T., c. 6'7, s. 5. 6. The annual meeting of every institute shall be held in the mouth of October in each year on the call of the pre- sident v^^ho shall give eight days notice thereof by circular addressed and posted prepaid to each member of the institute or by public notice published in the nearest news- paper or by posting it in five conspicuous places as provided in section 3 hereof when there shall be elected a president, vice-president, a secretary-treasurer and not less than five directors and an auditor. (2.) If the president refuses or omits to call such meeting as herein provided the same may be called by the vice- president or any throe members for any time during the month of November. N.W.T., c. 61, s. 6. '7- No person shall vote or take part in any annual or other meeting of any institute who has not at the time of such meeting paid up all subscriptions due by him to the said institute. N.W.T., c. 61, s. 7. ^. A meeting of the officers shall be called by written notice delivered or mailed to each officer given by authority of the president or in his absence the vice-president, or at the request of any three officers at least five days before the day appointed and at any such meeting four shall be a quorum. N W.T., c. 67, s. 8. 9. The officers of an institute shall present at the annual meeting a report of their proceedings during the year in which shall be stated : (a) The names of the members of the institute ; {b) The amount paid by each set opposite his name ; (c) The classes organized ; (d) A list of books purchased; (e) A list of newspapers and periodicals on file ; together with, (/) Such remarks on the progress of the organization and use to which it has been put as the directors are enabled to ofier. N.W.T., c. 67, s. 9. , 1902 mechanics' and literary institutes Cap, 62 495 10. There shall also he presented at the annual meeting a Financial detailed statement of the receipts and disbursements of the be'tu'dfted.'^'' institute during the year which said statement shall be audited by the auditor in that behalf before being submit- ted to the said meeting. N,W.T., c. 67, s, 10. 11. The said report and statement if approved by the Certified copy meeting shall be entered in the journals of the institute °g^"""tobe kept for such purpose and signed by the president or vice- sent to president as being a correct entry and a true copy thereof ^cretary!'* certified by the president and secretary lor the time being shall be forwarded . to the Territorial Secretary within one month from the date of such meeting. N.W. I"., c. 67, s. 11. 12. Th^ officers shall give such information as in their Officers " power lies that the Territorial Secretary may from time to i^Jfoimation. time require touching the interest and condition of the objects of the organization in their locality. N.W.T., c. 67, s 12. 13. The funds of the institute however derived may be Application expended for any object not inconsistent with those author- °^ ^""*^^' ised by this Ordinance ; provided that not more than one quarter of the amount received shall be expended for the purpose of a reading room. N.W.T., c. 67, s. 13. 14. Each institute formed under this Ordinance shall be institute to be a corporation with a corporate seal under the name of " The * ""'P"™ '°°- Mechanics' and Literary Institute of " (inserting the distinguishing name of the institute) and shall have power to acquire, hold, sell, mortgage, lease or Powers, otherwise dispose of or encumber real estate and other properties real and personal. N.W.T., c. 67, s. 14. SCHEDULE. FOEM A.— SEC, 2. We, the undersigned, respectively residing in the (city or Powers, town,) of in the Yukon Territory agree to form ourselves into an institute under the provi- sions of The Mechanics' and Literary Institutes Ordinance, under. the name of "The Mechanics' and Literary Institute of " and we repectively promise to pay to the treasurer of the said institute annually as long as we continue members thereof, the sums set opposite our respec? tive names and to conform ourselves to the by-laws and regulations of the said institute and we hereby state that 496 Cap 62 CONSOLIDATED ORDINANCES CO. we purpose carrying on the objects of our organization at the city (or town) of Subscription. I of one of the subscribers to the above declaration hereby certify that the sum of at least one dollar has been paid by each of the above- subscribers as his iirst annual subscribtion to the proposed mechanics' and literary institute of ; and that I hold on behalf of the said proposed insstitute the several amounts so paid. (Subscriber's signature.) I . the above named do solemnly declare that the facts set forth by me in the foregoing certificate signed by me are true ; and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and eflFect as if made under oath and by virtue of The Canada Evidence Act 1893. Declared before me at this of 19 } (Subscriber's signature.} (Signature of officer receiving declaratiom. 1902 CEMETERIES Cap. 63 49*7 CHAPTER 63. An Ordinance respecting Cemeteries. SHORT TITLE. 1. This Ordinance may be cited as " The Cemetery Ordin- Short title. ance." N.W.T., c. 68, s. 1. INCORPORATION OF COMPANIES. 2. Any number of persons not less than ten may form conditions of themselves into a company for the purpose of establishing incorporation. one or more public cemeteries outside the limits of any city or town or -within such limits if permission be given by by-law of such city or town for such establishment within its limits, who have — (a) Subscribed stock to an amount adequate to the pur- chase of the ground required for such cemetery ; and {b) Executed an instrument according to the form in the fifth section of this Ordinance contained ; and (c) Paid to the treasurer of the proposed company twonty-flve per cent of the capital stock intended to be raised ; and [d) Deposited such instrument, or a duplicate thereof, together with a receipt from the treasurer for the first instalment of twenty-five per cent, in the office of the Territorial Secretary. N.W.T., c. 68, s. 3. 3. Notice of the formation of the proposed company shall Territorial be forthwith given by the Territorial Secretary in the Yukon reoeivrnouce Official Gazette setting forth the name of the said company of proposed and the persons constituting the same and from and after company" °^ the date of the publication of such notice the persons therein named and their successors shall be a body cor- porate and politic under the name mentioned therein and as such body corporate and politic shall have all rights and be subject to all the liabilities of a corporation and shall have full power to acquire, hold and alienate both real and Powers. personal estate for all the purposes of the company. N.W. T., c. 68, s. 4. 32— y. o. 498 Cap. 68 CONSOLIDATED ORDINANCES CO. Form of instrument. 'i- The instrument referred to in section 2 of this Ordi- nance may be in the form following : " Be it remembered that on this day of in the year of Our Lord one thousand nine hundred and we the undersigned shareholders met at in the Yukon Territory and resolved to form ourselves into a cemetery company to be called The Cemetery Company under the provisions of The Cemetery Ordinance ; and we do hereby agree that the capital stock of the said company shall be dollars to be divided into shares of dollars each entitling the holder to one hundred superficial feet ; and we the undersigned shareholders do hereby agree to accept and take the number of shares set by us opposite our respective signatures ; and we do hereby agree to pay the calls thereon according to the provisions of the said Ordinance and the rules and regulations and by-laws of the company to be made in that behalf NAME. AMOUNT. N.W.T., c. 68, s. 4. Organisation of board of trustees. Land to be outside town. TRUSTEES OF RELIGIOUS BODIES. 5. When any one or more religious societies or congrega- tions in the Territory desire to take a conveyance or transfer of land for the purpose of establishing a cemetery for the use of such society or congregation or for the use in comm6n of such societies or congregations such society or congrega- tions or societies or congregations, as the case may be, may appoint trustees to whom and their successors to be ap- pointed in such manner and subject to such regulations as may be specified in the deed of conveyance or transfer, the land requisite for the purpose aforesaid may be conveyed and such trustees and their successors in perpetual succes- sion by the name expressed in the deed may take, hold and possess the land and maintain and defend all actions or suits for the protection thei eof or of their property therein : Provided that such land shall not be within the limits of a town unless permission be given by by-laws of the said 1902 CEMETERIES Cap. 63 499 town for such establishment within the limits. N.W.T. c. 68, s. •?. 6. It the deed of conveyance or transfer of such land Appointment ■1 , -J? J.1 • 1 • 1 J.1 J. J.1 of successors does not specity the manner m which the successors to the to trustees. trustees therein named are to be appointed the society or congregation or societies or congregations for whose use such land is held may enter into an agreement with each other in writing in such manner as seems to them best and such agreement shall specify the manner in which the suc- cessors of the trustees for the term then being are to be appointed and such agreement indorsed on or annexed to a certified copy of the transfer or deed of conveyance under which the land is held for the use of the said society or con- gregation or societies or congregations and signed by the accredited agents of such society or congregations or societies or congregations shall govern and regulate the manner in which the successors of the trustees named in the original grant, conveyance or transfer shall be appointed and the regulations to which they shall be subject. N.W.T., c. 68, s. 8. 7. Such trustees shall within twelve months after the Transfer of execution of the deed of conveyance or transfer cause the regfsterel. deed or transfer to be registered in the land titles ofiice of the Yukon land registration district, otherwise the said deed shall be void. N.W.T. c. 68, s. 9. 8. The trustees and their successors shall thenceforth Purposes hold and convey the land for the purpose exclusively of a " cemetery or place for the burial of the dead. N.W.T. c. 68, s. 10. PROVISIONS AFFKCTING COMPANIES. 9. From and out of the proceeds of the sales of burial interest on sites made by the company the company may pay to its P"" "P ^^ " shareholders who may not desire to take land in the ceme- tery to the full extent of the stock subscribed and paid for by them interest on their paid up stock not represented by land in the cemetery at such rate as may be agreed on not exceeding eight per centum per annum and may also repay to such shareholders the amount of paid up stock held by them not represented by land in the cemetery. (2) Every such shareholder of the said company shall be Rights of taken to be a shareholder and shall be entitled to all the ^harenowers. rights of shareholders in respect of the shares of the capital stock of the company held by him and fully paid up and which are not represented by land in the cemetery until such shares are repaid to him by the company ; and upon the repayment to him of any share he shall cease to be a shareholder in respect of such share. 32J— Y. o. 500 Cap. 63 CONSOLIDATED ORDINANCES CO. When no dividend payable. (3) Except as aforesaid no dividend or profit of any kind shall be paid by the company to any member thereof. N- W.T. c. 68, s 11. Application of proceeds of sale. Owner of lot a shareholder. 10. Subject to the provisions in the next preceding sec- tion contained one half of the proceeds of all sa,les of burial sites made by the company shall be first applied to the payment of the purchase money of the land acquired by the company and the residue to preserving, improving and embellishing the land as a cemetery and to the inci- dental expenses of the company ; and after payment of the purchase money the proceeds of all future sales shall be applied to the preservation, improvement and embellish- ment of the cemetery and to the incidental expenses thereof, and to no other purpose whatever. N.W.T., c. 68, s. 12. 1 J -Every proprietor of a lot in the cemetery containing not less than one hundred superficial feet and who has paid twenty-five per cent or more of the price of the lot shall be deemed a shareholder in the company and every such lot shall be deemed a share in the company. N.W.T., c. 68, s. 13. QualiBoation of directors. 1 2. Every shareholder who has paid to the company not less than $5 in all on his share or shares shall be eligible as a director. N.W.T., c. 68, s. 14. Size of lots. Rights of owners. 13. The company may sell a lot of any size, but no pro- prietor of a lot containing less than one hundred superficial feet shall thereby become a member of the company or have any vote in the management of the affairs thereof. N.W.T., c. 68, s. 15. Board of directors. 14. The affairs and property of the company shall be managed by three directors, a majority of whom shall form a quorum. N.W.T., c. 68, s. 16. Choice of directors. Qualification of share- holders to vote. President. 15. The first directors, shall be chosen by ballot from among the subscribers to the instrument creating the com- pany ; and thereafter the directors shall be annually elected by the shareholders on the first Monday in June in every year. N.W.T., c. 68, s. 1*7. 16. Upon every election of directors, including the iirst, every shareholder shall be entitled to one vote for every share he holds or is possesed of up to ten and one vote for every five shares above ten ; but no shareholder shall vote unless he has paid at least $2 upon each share upon which he votes. N.W.T., c. 68, s. 18. 17. The directors or a majority of them shall at their first meeting elect one of their number to be president of the 1902 CEMETERIES Cap. 63 501 company and the president if present or, if he is not present, then some director chosen for the occasion shall preside at every meeting of the directors and shall not vote except in case of an equality of votes when he shall have a casting vote. N.W.T., c. 68, s. 19. IS. The directors may also call for instalments on the Calls on stock, sums subscribed for and may appoint a time for the pay- ment thereof, and if the same are not then paid the right of the subscriber and every instalment formerly paid shall be Forfeiture for forfeited and he shall be held not to have subscribed unless "''"P^y'"^''*- the directors think it expedient to remit the forfeiture ' vphich they may do if the instalments are paid v^ith interest within one year after the day when they ought to have been paid. N.^.T., c. 68, s. 20. 19. The directors shall record in a book kept for the pur- Records. pose, all their by-laws and proceedings, and every share- holder shall have access to such book for the purpose of searching and making extracts therefrom, without pay- ment of any fee. N.W.T., c 68, s. 21. ; 20. The directors may reserve for the exclusive use of Exclusive any religious society or congregation such part of the ceme- reservation. tery upon such terms and conditions as are agreed upon. N.W.T., c. 68, s. 22. . SI. The company shall furnish graves for strangers and Graves for for the poor of all denominp,tions free of charge on the cer- ^^d^lior tificate, in the latter case of a minister or clergyman of the denomination to which the deceased belonged, that the relatives of the deceased are poor and cannot afford to pur- chase a lot in the cemetery. N.W.T., c. 68. s. 23. GENERAL PROVISIONS. 22. The company shall within two years from its incor- Waiis and poration and the trustees shall within two years from their f^"™^- appointment by walls or other fences inclose every part of the cemetery held by them. N.W.T., c. 68, s. 24. 23. The company or trustees as the case may be shall Repair of keep the cemetery and the buildings and fences thereof in P^P^i^'y- complete repair and in good order and condition. N.W.T., c. 68, s. 25. 24. The company or trustees as the case may be shall Drains and make all proper and necessary sewers and drains in and sewers. about the cemetery for draining it and keeping it dry ; and they may, from time to time as occasion requires cause any such sewer or drain to open into an existing sewer with 502 Cap. 63 CONSOLIDATED ORDINANCES C. the consent in writing of the person having the manage- ment of the street or road, and with the like consent of the owner or occupier of the land through which or part of which the opening is intended to be made doing as little daniage as possible to the street, rpad or land within the same is made and restoring it to the same or as good con- dition as it was in before being disturbed N.W.T., c. 68, s. 26. Penalty for foulinfc water. 25. If the company or trustees as the case may be at any time cause or suffer to be brought to or to flow in any river, spring, well, stream, canal, reservoir, aqueduct, pond or watering place any offensive matter from the cemetery whereby the water is fouled the company or trustees as the case may be shall forfeit for every such offence $500. N.W. T., c. 68, s. 27. Suit for penalty. Limitation of action. 26. The said penalty with full costs of suit' may by a civil action in any court of competent jurisdiction, be recovered by any person having a right to use the water ; but the penalty and costs shall not be recoverable unless sued for during the continuance of the offence or within six months after it has ceased. N.W.T., c. 68, s. 28. Further penalty. 27. In addition to the penalty of |500 (and whether the same has been recovered or not) any person having a right to use the water may sue the company or trustees as the case may be in a civil action for any damages specially sus- tained by him by reason of the water being fouled, or if no special damage is alleged then for the sum of |10 for every day during which the offensive matter has continued to be brought or to flow after the expiration of twenty-four hours from the time when the notice of the offence was by such person served upon the company or trustees as the case may be. N.W.T., c. 68, s. 29. No grave near 28. No body shall be buried in a vault or other space buildings. under any chapel or other building in the cemetery nor within fifteen feet of the outer wall of any such chapel or building. N.W.T., c. 68, s. 30. Proper conduct of funerals. 29. The company or trustees as the case may be shall make regulations to ensure all burials within the cemetery being conducted in a decent and solemn manner. N.W.T., c. 68, s. 31. Exemption from taxes. 30. The real estate of the company or trustees and the lots or plots when conveyed by the company or trustees to individual proprietors for burial sites shall be exempt from taxation of any kind and shall not be liable to be seized or sold under execution. N.W.T., c. 68, s. 32. 1902 CEMETERIES Cap. 63 503 31. The directors of the company may pass by-laws and By-laws. the trustees may frame regulations for the laying out, sell- ing and management of the cemetery and for regulating the erection of tombs, monuments and gravestones therein ; and the directors of the company may pass bj-laws em- powering the president to execute conveyances of plots to shareholders. N.W.T., c. 68, s. 33. 32. The directors shall keep a record of the by-laws and Record of the trustees shall keep a record of the regulations referred and^taS. to in the the next preceding section and the directors and . trustees respectively shall also keep a separate record of all burials showing name, age, occupation and date of burial of all persons buried within the cemetery, and in case they cannot get all the particulars a note of such must he made in the margin and every person shall have access to such last mentioned record for the purpose of searching and making extracts therefrom without payment of any fee. N.WT., c. 68, s. 34. 33. Any person who in a cemetery established under Penalties. this Ordinance : (a.) Plays any game or sport ; or [b.) Discharges fire-arms (save at a military funeral) or who (c.) Commits a nuisance therein ; shall on summary conviction thereof be liable to a fine not exceeding $100 and costs of prosecution. N.W.T., c. 68, s. 35. 34. The trustees shall be personally liable for any judg- LiabiUtyof ment recovered against them as trustees. N.W.T., c. 68, *''''*'^'- s. 36. 504 Cap. 64 CONSOLIDATED ORDINANCES CO. TITLE IX. RELATING TO TOWNS ASSESSMENTS SCHOOLS, Etc. CHAPTER 64. An Ordinance respecting Assessment. SHOUT TITLE. Short title. !• This Ordinance may be cited as " The Assessment Ordi- nance." No. 29 of 1901, s. 1." ' Assessor. " "Income." INTERPRETATION. Interpretation 2. In this Ordinance, unless the context otherwise re- quires, the following expressions shall be construed in the manner in this section mentioned : 1. " Assessor " means the person appointed by the proper authority as assessor in any incorporated town in which property is liable to taxation and the person elected or apppointed overseer in any town organized under the Ordinance respecting towns. 2. " Income " means the annual profit, gain, wages, salary or emoluments arising from any place, office, profession, trade, calling, employment, labor or occupation and directly or indirectly received by any person and includes the inter- est arising and directly or indirectly received from money, securities, notes, mortgages, debentures, accounts, public stocks, gold dust or from other property. 3. "Person" includes firm, company, association and corporation. 4. " Personal property " includes all such goods and chat- tels and other property as are enumerated in the first schedule to this Ordinance "Property." 5. " Property " includes both real and personal property. " Person." "Personal property. " 1902 ASSESSMENT Cap. 64 505 6. " Eeal property " includes land and land covered with "ileal water and whatever is erected or growing upon or affixed P''°P'''''y" to land_ and also rights issuing out of, annexed to or exercis- able within or about the same. Y. " Town " includes the city of Dawson, any incorpor- "'^°^°" ated town, and any town organized under the provisions of the Ordinance respecting towns. No. 29 of 1901, s. 2. PROPERTY LIABLE TO TAXATION. S- All real and personal property in any town and the Property income of every person carrying on any profession, trade, ag'^geisment calling, employment, labour or occupation or filling any place or filling or exercising any office and of every person residing in any town shall be liable to taxation for all pur- poses for which taxes and rates are levied by authority of law. No. 29 of 1901, s. 3. PROPERTY EXEMPT FROM TAXATION. 4- The following property shall be exempt from taxation. This is to say : (a.) All property vested in His Majesty the King or vested Exemptions. in any person for Imperial, Dominion or Territorial purposes, and either unoccupied or occupied by some person in an official capacity. If any such property is occupied by any person otherwise than in an official capacity the occupant shall be assessed and rated in respect thereto, but the pro- perty itself shall not be liable ; (b.) Every church and place of worship and the land, to the extent of not more than one half acre in connection therewith and every churchyard and burial ground ; (c ) The real property of every public institution of learning, every public schoolhouse, townhall, courthouse, jail and lockup house. (d.) All school lands ; (e ) All public landings, public breakwaters and public wharves ; (/.) The property of every town, if occupied for the pur- poses of such town ; (g.) Household furniture in actual use ; (A.) Tools to the value of two hu.ndred dollars belonging to a miner or mechanic and necessary for carrying on his business ; («'.) Property specially exempted from taxation by any Ordinance of the Yukon Council ; (J.) Income to -the extent of two thousand dollars ; (fc.) The Good Samaritan hospital and St. Mary's hospital and the real and personal property occupied and used for the purposes of such hospitals as such. N. 29 of 1901, s. 4. 506 When assessment to be made. Cap. 64 CONSOLIDATED ORDINANCES DUTIES OF ASSESSORS. 0. 0. 5. Every assessor shall, before the 20th day of September, ill every year, ascertain by diligent inquiry and examina- tion the names of all persons liable to be rated within the town for which he acts as assessor, their ratable property and income and the extent, amount and nature of the same. No. 29 of 1901, s. 5. ASSESSMENT ROLL. Assessor to set down particulars in assessment roll. Rules governing the assessment roll. Property to be asse.'ised at cash value. Income to be assessed at actual amount. Personal property to be assessed to owner. 6- The assessor having ascertained as nearly as he can the particulars of the real and personal property and in- come to be assessed shall prepare an assessment roir in which he shall set &own in separate columns the names and description of every person liable to be rated identify- ing each such person by a number on the roll, by a state- ment of the occupation and residence of such person dis- tinguishing the resident from the non-resident and by show- ing whether such person is assessed as owner, occupant or tenant, or on account of income. The assessor shall also set down a description and the value of real and personal property and income showing thereunder as far as possible the various particulars enumerated in the Form " A " in the second schedule to this Ordinance. The assessor shall also set down the exemptions and shall note any other facts that may aid in securing a proper and correct assessment. 2. The assessment roll shall be as nearly as possible in the said Form " A," except that the columns under the heading " amount of taxes due on real and personal pro- perty " form part of the rate book and not of the assessment roll. No. 29 of 1901, s. 6. 7. In making up the assessment roll the assessor shall be governed by the following rules : Eule 1. All property liable to taxation shall be assessed at its actual cash value, such value being the amount which in the opinion of the assessor it would realize in cash if offered at auction after reasonable notice. Rule 2. Income shall be assessed at its actual amount and the amount of any person's income during the year pre- ceding shall be taken in the absence of more certain in- formation as the amount of his income for the year in which the assessment is made. In the assessment of income no deduction shall be made by reason of indebtedness or ex- pense of living. Rule 3. Jrersonal property shall be assessed to the owner if known to the assessor, otherwise in the name of the per- son in possession thereof, provided that the assessment thereof may be transferred to the name of the owner at any time by the assessor or assessment or appeal court, after notice to such owner. 1902 ASSESSMENT Cap. 64 50*7 Rule 4. Tersons owning real property situated in any Real estate to town shall be assessed for such, property in the town in where"^^^'' which the property lies. • situated. Rule 5. "Where the person liable to be assessed in respect Nonresident to any rieal property which is unoccupied is not resident P^perty. within the town in which the property lies or is unknown such real pro'perty shall be assessed as property of a non- resident and shall be so designated in the assessment roll. Rule 6. Real property shall, in all cases, be assessed to Real property the owner thereof. tooZer"" Rule 7. Income derived from any profession, trade, call- income to be ing, employment, labour or occupation and the income ^/^f^y^^TdeT derived from any place or office shall be assessed in the town in which such profession, labour, trade, calling, empToyment or occupation or such place or office is filled or exercised, provided the same is carried on filled or exercised in a town in which an income tax is levied, otherwise the same shall be assessed in the town in which the person receiving such income resides. Rule 8. Whenever two or more persons are either as income of all business partners or by any other kind of joint, or joint and entered on'^ several interest, the owners of any personal property or of roll, real and personal property together, the names of each of such persons shall be entered on the assessment roll and the property apportioned among them to the best of the assessor's judgment. Rule 9. All property under the control of any person as Property executor, administrator, trustee, guardian or agent, the o"toistee or°^ separate property of a married woman and property of an executor to be infant shall be assessed and rated in the name of the person jo^him. exercising control oyer such property but such rating shall be kept separate and distinct from the rating and assessment of such person in his own right and if there is more than one person exercising such control notice given to any one of such persons shall be sufficient Rule 10. The assessor shall on or before the 30th day of Roll to be September in each year complete the roll. before^oth (2.) The assessor shall forthwith thereafter sign the said September. roll first attaching thereto a certificate in the Form " B " in the second schedule to this Ordinance. Rule 11. Notice that the assesssment roll certified as Notice of required by the next preceding rule is completed shall as ^°™^s^ent to soon as practicable and not later than one week after the be given to day fixed for the completion of the roll in each year be for- secretary. warded by the assessor to the Territorial Secretary. Such notice shall state the number of persons assessed, the total value of real property, of pergonal property and of income assessed in such roll and the total of all such assessments. No. 29 of 1901, s. 7. 8. The assessor shall forthwith on the completion of the Notice of assessment roll give notice of the assessment by delivering to assessment to 508 Cap. 64 CONSOLIDATED ORDINANCES C. 0. each person on roll. each, person, firm, company, association or corporation, or by mailing to such person, firm, company, association or corpora- tion postage prepaid, a notice setting fofth the sums at which the real property, the personal property and income respec- tively of such person, firm, company, association or corpor- ation are assessed. The assessor shall enter on the roll opposite the proper name the date of such delivery or mail- ing and such entry shall be presumptive evidence of such delivery or mailing. (2.) Such notice may be in the Form " 0,'' in the second schedule to this Ordinance, or to the like effect. No. 29 of 1901, s. 8. Person commencing business after assessment to give notice. To be assessed at same rate. Penalty for not giving nocice. May add property missed after assessment. May appeal. 9. Every person who commences business of any kind in a town and whose property has not been assessed at the previous general assessment or who has not been rated, shall giA'e notice in writing to the assessor within one week after commencing business of his place of residende and his place of business and the assessor shall, within one week after such notice, assess the property of the person so com- mencing business in the same way as other rate payers are assessed under the general assessment. The assessor may, at any time, upon learning that any such person has com- menced business, whether such person has given such notice or not, assess the property of such person in such way as aforesaid. (2.) The assessor shall rate such person at the same rate as the rate payers in the town and every such rate shall be collected in the same manner as the other rates are collected. The assessor shall notify the Territorial Secretary of every assessment and rate made under the provisions of this section. (3.) Any person so commencing business who does not give such notice shall be liable to a penalty of one hundred dollars and in default of payment to imprisonment for a period not less than thirty days and not more than ninety days. No. 29 of 1901, s. 9. 10. If in any year the assessor after the assessment roll has been completed, discovers that property or income of any person to an amount of not less than one hundred dollars and which is liable to taxation has been omitted from the assessment roll, the assessor shall at any time be- fore the first day of January next following the completion of such assessment roll proceed to assess such person for such property or income and the rates thereon shall be levied at the rates fixed for the current year and collected in the same manner as the rates on other property. (2.) The person assessed shall have the right to appeal from such assessment and the asses.sment appeal court shall have power to reverse, vary or modify the assessment so made and amend the assessment roll accordingly. No. 29 of 1901, s. 10. 1902 ASSESSMENT Cap. 64 509 11. If any person who is assessed in the assessment roll if person dies after the making of the assessment by the assessor the noticefto be^ notices required by this Ordinance to be given to the person given to assessed may be given tp his executors or administrators, if * ™i"'^*'^*'°'^- any, and to the public administrator, if there are no exe- cutors or administrators, and they or he shall have the right of appeal in the same manner, as if they or he were assessed as sach executors or administrators in respect to the pro- perty assessed against the deceased. No. 29 of 1901, s. II. ASSESSMENT APPEAL COURT. 12- There shall be a court of appeal consisting of not Court of more than three members appointed by the Commissioner assessment. in every town and such court shall hear all appeals from persons agrieved by the assessment made by the assessor. (2.) The person named by the Commissioner when present Members of shall preside at all meetings of the court ; in his absence "^"""^ ' the members present shall appoint one of their number to preside. (3.) Two members of the court shall form a quorum for Quorum. the hearing of appeals and the decision of a majority of the members present shall be final. (4.) The assessor shall be the -clerk of the court and shall ^^^^^^ *° make and keep on file a record of its proceedings. No. 29 of 1901, s. 12. INSPECTION OF ROLL. 13. On and after the assessment roll is completed by the RoU to be assessor and until ten days after such roll is revised and •'^s'^peotion. corrected by the assessment appeal court the same shall be open for inspection during office hours when the said court is not sitting. Such inspection may be had either at the office of the assessor or at some public place named by him for the purpose. No 29 of 1901, s. 13. APPEALS EROM ASSESSMENT. 14. Any person complaining that he has been wrongfully persons inserted in or omitted from the roll or that his property has ^2^l^^%y been undervalued or overvalued by the assessor may give appeal. notice in writing to the assessor that he appeals from the assessment for any or all of the causes aforesaid and shall give a name and address where notices may be served upon him by the assessor. (2.) If any ratepayer complains that the property or in- May appeal come of any person within his town has been under- ^s^^^^ valued or overvalued or that any person has been wrong- person. fully inserted in or omitted from the roll he may give notice in writing tp such person and to the assessor that 510 Cap. 64 CONSOLIDATED ORDINANOES 0. 0. he appeals from such assessment or in respect to such insertion or omission and the matter shall be decided in the same manner and by the same court as an appeal by a person assessed. No. 29 of 1901, s. 14. Form of. notice of appeal. 15. The notice of appeal may be in the form given in Form " " in the schedule of this Ordinance. Such notice shall state particularly the grounds of objection to the assessment or to such insertion or omission and shall be served on the assessor not later than fifteen days afcer the notiec of assessment has been given by delivering or mail- ing the same. No. 29 of 1901, s. 15. Time of meeting of court. 16. The court shall meet for the hearing of appeals on or before the fourth Tuesday in October in each year at the court-house, if there is any, in such tov^n, and it not, in such place as the chairman of the court appoints. The court may adjourn from time to time and from place to place. No. 29 of 1901, s. 16. Court may adjourn. 17. If at the time appointed for the meeting of the court a quorum is not present the chairman or, ia his absence or if there is no chairman, any member of the court present may adjourn the court until another time ; and if no mem- ber of the court is present* it shall stand adjourned until the following day at the same time and hour. No. 29 of 1901, s. 1*7. Witnesses may be examined on oath. 18. The court shall have the power to examine wit- nesses upon oath or affirmation to be administered by the chairman and the person appealing or any person interested in such appeal may call and examine witnesses on oath or affirmation before the court. No. 29 of 1901, s. 18. Court may issue subpoenas. Subject to the same penalties as in Territorial court for disobeying subpcena. 19. The court shall have the power to issue subpoenas ad testificandum and duces tecum for the attendance of witnesses before the court ; such subpoenas shall be in such one of the Forms " D " in the second schedule to this Ordinance, as is appropriate and may be signed by any member of the court. (2.) Any person served with any such subpoena who, having been paid or tendered such fees as witness as he would be entitled to in a civil case in the Territorial court, disobeys the subpoena shall be liable to a penalty of not less than twenty -five dollars or more than one hundred dollars and in default of payment to imprisonment for a period not exceeding ninety days. No 2!J of 1901, s. 19. Assessor to 2©. The asscssor shall immediately after the expiration of appeals!' ^^ ^^® time for giving notice of appeal prepare a list of appeals to be heard entering them thereon in the order in 1902 ASSESSMENT Cap. 64 511 which the notices were received by him and giving in each case the names of the complainant and the person complained against, or to whom the assessment is sought to be tra;isferred, with a concise description of the subject- matter of the complaint and a notice of the time and place at which the court will meet to hear , such appeal. Such list may be in the Form " E " in the second schedule to this Ordinance or to the like effect. No. 29 of 1901, s. 20. 21. The assessor shall give notice of the time and place Assessor to of hearing such appeals by. — Ktting"' (a.) Posting a cop}"" of such list with notice of the time. of court and place of the first meeting of the assessment appeal "^ ^e^^^'o"- court in at least five conspicuous public places in the town, one of which shall be the postofiice and another the office of the assessor, or — (b.) By publication in a newspaper published in such town by at least one insertion in such newspaper at least five days before the first day of meeting of such court. No other notice of the time and place of meeting of such court shall be necessary. No. 29 of 1901, s. 21. 22. The court shall proceed with the appeals in the Court to hear order as nearly as may be in which they are entered, but Mder of'° the court may, if it sees fit, grant an adjournment of the entry. hearing of any appeal to any time and may change the order of proceeding with the appeals. In case of an adjournment it shall not be necessary to serve notice of such adjournment on any of the parties to such appeal but the chairman of the court shall publicly announce the day the court will hear such appeal. No. 29 of 1901, s. 22. 23. The court after hearing the complainant and any court to witnesses he produces and the party complained against decide after and such witnesses as he produces and the assessor, if complaint necessary, shall determine the matter. and witnesses. (2) If the object of the appeal is to reduce the assess- ment the assessor shall appear and represent the interests of the town. No. 29 of 1901, s. 23. 24. On any appeal the court may : Court may (a.) Confirm, reduce or increase the value of any property °™4™"add or or income on the assessment roll. strike oft roll (b.) Add to the roll the name and assessment of any "^g'^^^JJ^^^^^^ person left off the roll. (c.) Strike off the roll the name of any person wrongfully entered thereon. (d.) Transfer the assessment to the proper person when any property or income has been assessed in the name of a person who is not legally liable to be assessed therefor. (e.) When any property has been assessed more than once to strike out such assessment as is improper or illegal and 512 Cap. 64 CONSOLIDATED ORDINANCES CO Court may add name of any person improperly left off. generally to correct any clerical errors made by the assessor in the assessment roll. No. 29 of 1901, s. 24. 25. The court shall also have power of its own motion and after notice to add to the roll the name of any person improperly left off with the value of property and income for which in the judgment of the court such person should be assessed and to the amount of the assessment of any person. No. 29 of 1901, s. 25. Amendments 26. All reductions and increases of assessments rendered assessOT^n^ ^^- necessary by the decisions of the court as well as all trans- red ink. fers of assessment from one person to another and all other necpssary changes, corrections, alterations or additions made by the said court shall be minuted upon the assess- roll by the assessor in red ink. No. 29 of 1901, s. 26. Court may proceed ex parte. 27. If either party fails to appear the court may proceed ex parate and if neither party appears the court may confirm the assessment. No. 29, of 1901, s. 2*7. Court need not call complainant or assessor unless it deems necessary. Chairman to have same power to preserve order as Territorial court. 28. It shall not be. necessary to hear the complainant or assessor or person complained against except where the court deems it necessary or proper or where evidence is ten- dered by or on behalf of either party. No. 29, of 1901. s. 28. 29. The chairman of the court shall have such and the like power and authority to preserve order in such court during the sitting thereof and by the like ways and means as are exercised and used in like cases by the Territorial court. No. 29 of 1901, s, 29. Decision to be final. SO. The decision of the court shall in all cases be final. No. 29 of 1901, s. 30. MISCELLANEOUS PROVISIONS RESPECTING APPEAL. Sum rated 31. Any sum rated upon any person may be collected or may be recovered notwithstanding any appeal, but if any money rficovGrGQ. not" c j *. .^ > j ^ withstanding has been paid by the appellant and the court adjudgefs that appeal. ^j^g same or any part thereof be returned the same shall by order of the court be repaid out of any moneys received from the general rates of the town. No. 29 of 1901, s. 31. Certiorari not S2. No Certiorari to remove any assessment, rate or order to be granted, qj, ^-^j proceeding of the assessment appeal court touching any assessment, rate or order shall be granted unless it is made to appear by affidavit that the merits of the assess- ment, rate, order or proceeding will by such removal come properly in judgment ; nor shall any assessment, rate, order, or proceeding be quashed for matter of form only nor any 1902 ASSESSMENT Cap. 64 513 general assessment or rate for any illegality in the assess- ment or rate of any individual except as to such individual. No. 29 of 1901, s. 32. <$J5. No action shall be brought against an assessor, col- No action to lector or other person who has received money on a rate aga^ngt^*^' subsequently quashed, reversed or varied ; any person who assessor has paid such money shall be entitled to receive the ""^ °°^^^°''"'' amount out of the general rates of the town on the order of the assessor or of the assessment appeal court. No. 29 of 1901, s. 33. 34. The assessment roll as finally passed by such court Assessment shall be certified by the assessor as so passed, and shall certifi*edV bind all persons assessed in such roll notwithstanding any assessor and defect or error therein or any irregularity on the part of the parties assessor or in respect to the making up of the roll or in the assessed. proceedings of the court or any error or irregularity in the notices required to be given or any neglect or omission to deliver mail or transmit such notices. No. 29 of 1901, s. 34. 35. A copy of any assessment roll or portion of any Copy certified assessment roll written or printed without any erasure or ^j^^^a^ac^e interlineation and certified to be a true copy by the asses- evidence. sor shall be received as prima facie evidence in any court of justice without proof of the signature of the assessor or the production of the original assessment roll or of part of which such certified copy purports to be a copy. No. 29 of 1901, s. 35. KATE BOOK. 36. Upon an estimate being made by the proper au- Assessor to thorityof all sums which are required for the lawful pur- coii^^Trate poses of the town for the then current year after crediting sufficient to the probable receipts from all sources of revenue other than P™^"nt the rates for such year, and after making dx\e allowance in estimated. such estimate for the abatement, losses and expenses which may occur in the collection of the rates and taxes and for the rates and taxes which may not be collected or collect- able the assessor shall levy and collect a rate of so much on the dollar of the assessed value of the property and income assessed in such roll as he deems snfiicient to produce the amount necessary to defray the expenses of the town for the then current year as stated in such estimate,including any deficiency from any preceding year. No. 29 of 1901, s. 36. 37. The assessor shall make the rate-book by carrying Form of out in the assessment roll in form " A " under the several ratebook. headings under the heading " amount of taxes due on real, 38— Y. o. 514 Cap. 64 CONSOLIDATED ORDINANCES C. 0. Rate book to be revised by person appointed by commissioner. personal and income " opposite the name of each person, firm, company and corporation the rate of mills on the dollar, the arrears of taxes, the taxes for the year 19 — , and the total amount of taxes due. (2.) Such rate book shall be revised ; (a.) In the city of Dawson by the city clerk, aided by such persons as he may select, and (b.) In other towns by such person or persons as maybe appointed by the Commissioner of the Yukon Territory for such purpose. (3.) The person or persons whose duty it is to revise the rate book in towns other than the city of Dawson, shall correct all errors whether of addition or otherwise therein and see that the same complies in every respect with the law and report in respect to such rate book as revised and corrected to the Territorial Secretary. (4.) The Commissioner of the Yukon Territory may refer such rate book back for further revision and report. No. 29 of 1901, s. 3*7. COLLECTOR OF RATES. Assessor or overseer to be collector. 38. In the City of Dawson the assessor shall be the col- lector of rates, in other towns the overseer shall be such collector. No. 29 of 1901, s. 38. COLLECTION OE RATES. Assessor to send notice in Form F. 39. As soon as the rate-book has been revised and not later than the 10th day of November the person or persons whose duty it is to revise the same shall deliver the same as revised to the assessor, who shall forthwith cause every person, firm, company, association and corporation rated in the rate-book or his or its agent, manager, cashier or secre- tary to be served with a notice in the Form " F " in the second schedule to this Ordinance. (2.) Such notice may be served by leaving the same at the place of residence or business of such person, firm, company, association or corporation or the place of resi- dence or business of such agent, manager, cashier or secre- tary or by mailing the same to his or their last or usual address or by posting up the same on the property assessed. (3.) All amounts rated against any person, firm, company, association or corporation shall become due and payable within five days after service, mailing or posting of such notice, at such place as is named in such notice. No. 29 of 1901, s. 39. If taxes not paid forthwith 40. If any person, firm, company, association or corpora- tion fails to pay to the assessor the rates due and payable by him, the assessor may by himself or his agent levy the 1902 ASSESSMENT Cap. 64 515 same with costs by distress of the goods of such person, assessor may firm, company, association or corporation, or of any goods distreis. in the possession of such person, firm, company, association or corporation wherever the same may be found. (2.) If such rates are due and payable in respect to real property the same shall constitute and be a lien upon such real property having priority over any deed, transfer, mort- gage, judgment, private lien, claim or encumbrance of any kind whatsoever and the assessor may levy such rates with costs by distress of any goodfe found by him upon such real property at any time after such thirty days whether such goods are the property of the person assessed and rated in respect to such real property or of any other person whatso- ever. If such rates are not paid by the person liable there- for or by distress made under this section for six months after such rates become due and payable the assessor may sell such real property under the provisions relating to such sale in this Ordinance hereinafter contained. (3.) If any person, firm, company, association or corpora- tion fails to pay rates due and payable in respect to income within the said thirty days the assessor may give notice to any person, firm, company, association or corporation from whom any debt is due or accruing due to such first men- tioned person, firm, company, association or corporation and the person, firm, company, association or corporation served with such notice shall at once or as soon as such debt accrues due pay such rates to the extent of such debt to the assessor and such payment shall be a discharge and release pro tanto of such debt. After such notice has been given that such debt is due or has accrued due the assessor may levy distress of the goods of the person, firm, com- pany, association or corporation to the amount of such debt or so much as is sufiicient to pay such rates and such dis- tress shall be a discharge and release as aforesaid. (4.) No warrant shall be necessary to enable the assessor to levy distress under this section or to justify him in so doing. It shall be sufiicient for him to serve a notice on the person, firm, company, association or corporation on whose goods or on the goods in the possession of whom he is about to make distress of the amount claimed by him for rates and of the fact that he is about to make a distress. (5.) Goods distrained may be impounded on the pre- mises or any part thereof on which they are found or may be removed for safe keeping. In either case the assessor may leave any person or persons in charge of the same if he deems it necessary for their safe keeping. No. 29 of 1901, 8. 40. 41. The assessor after giving five days' notice of sale by Assessor may handbills posted in at least five conspicuous places in the jays^^oticr locality in which the sale is to take place shall sell such 33J— Y. o. 616 Cap. 64 consolidated ordinances C. 0. goods on the premises or at any other place for the best price to be gotten therefor and shall apply the proceeds of such sale towards satisfaction of the rates due and expenses incurred and shall pay the surplus if any to the owner of such goods if known to the assessor or to the person in whose possession they, were when the distress was levied. No. 29 of 1901, s. 41. Assessor may 42. The assessoT may at his option sue for any unpaid sue or taxes. ^^^^ ^^^ recover the same in the name of the town together with costs as for a debt due to the town. If a distress and sale of goods is made by the assessor he may sue for any balance unpaid after such sale. No. 29 of 1901, s. 42. If person 43. If any person who is indebted to the town for rates about toleave ^^^ Mrh.0 has been served with a notice requiring him to town judge pay the same is about to leave the town the assessor may arres™'^^'^ make an afl&davit before a judge of the Territorial Court or before any stipendiary magistrate or justice of the peace that such person is indebted to the town for such rates and that he verily believes that such person is about to leave the town and that such rates will be lost unless the goods of such person are forthwith distrained or unless such person is forthwith arrested and thereupon such judge, stipendiary magistrate or justice of the peace may notwithstanding that the time mentioned in such notice has not expired by order direct, the assessor forthwith to levy distress of the goods of such person or may make an order that such per. son be arrested and held to bail for such sum not exceeding the amount of such rates and probable costs as to such judge, stipendiary magistrate and justice of the peace seems proper. (2.) It shall not be necessary to state in any such affi- davit the grounds of belief. (3.) Such order directing the assessor to levy distress shall authorize and justifiy the assessor in making any distress which he could have made if such rates were due and payable. Such order that any person be arrested and held to bail shall be subject to all the provisions of rules 396 to 405 both inclusive of the Judicature Ordinance so far as the same relates to the execution of a special order and the imprisonment of any person thereunder. No. 29 of 1901, s. 43. Certificate of 44. In any action brought ag-ainst any person for the prima/acie ^ recovery of rates due to a town where there is a defence evidence of pleaded a certificate in writing purporting to be signed by the assessor that the defendant's name appears on the rate book of the town for the sum claimed from him for rates and that the said sum has not been paid shall without proof of handwriting be prima Jacie evidence in any court of such rates being due and unpaid. No. 29 of 1901, s. 44. 1902 ASSESSMENT Cap. 64 51*7 45. All persons paying taxes on or before the thirtieth Taxes paid day of November of the year in which such taxes were Novemw" levied shall be entitled to a reduction of five per cent on the entitled same. No. 42 of 1901, s. 1 . *° '■"^*'"- 46. Upon all taxes remaining due and unpaid on the Taxes not 31st day of December of the year in which such taxes were ^?^^r sist' levied there shall be added at the beginning of each month December thereafter, as a penalty, an additional sum amounting to pg*'^}ty o° 40^ four per cent of such taxes. No. 42 of 1901, s. 1 GENERAL PROVISIONS. 47. Any person absent or absconding from the town if person who is indebted for rates may be proceeded against for absoondr^^ such rates under the provisions of Order 35, of the Judica- attachment ture Ordinance notwithstanding that the amount of such ^^amoun^ rates is less than one hundred dollars. No. 29 of 1901, s. 45. 48. The rates of any person who becomes insolvent or ^a^^^^ ^9j^^ assigns his property shall constitute a lien upon his estate insolvent and shall be paid by the trustee or assignee of such pro- estate. perty and in default of payment such rates may be collected from such trustee or assignee in the same manner and by same proceeding as if such rates had been rated on such trustee or assignee personally unless he satisfies the assessor that sufficient money or property of such person to satisfy such rates has not come into his possession or under his control. No. 29 of 1901, s. 46. 49. No personal property shall be taken possession of by No transfer of the holder of any transfer, bill of sale, mortgage, judgment good^„Jitii° ^"^ or any lien thereon nor shall the same be seized or levied taxes paid. upon under or by virtue of any warrant, execution, attach- ment or other process, nor shall the same be distrained for rent, nor shall the same be sold under any order of any court until such holder or the person at whose instance or suit the warrant, execution, attachment or other process issued or order of sale was granted pays all rates rated against the owner or person in possession thereof. (2.) Any sheriff", constable or other officer having process to levy upon such property shall before selling the same pay such rates to the assessor. (3.) The assignee, grantee, mortgagee or person holding any lien upon such property or the sheriff, constable or other officer who takes possession thereof shall be person- ally liable to the town for the amount of the rates rated against the owner or person in possession thereof and may be sued therefor by the assessor representing the town as for any ordinary debt. No. 29 of 1901, s. 41. 518 Cap 64 CONSOLIDATED ORDINANCES CO- SALE OF EEAL PBOPERTY FOR RATES. Proceedings 50. When any real property becomes liable to be sold for sale of real £qj. j-^tes in respect thereto unpaid the assessor may proceed property by .,„,,. ^ ^ J '^ taifes. in the following manner : — List of lands 1. He shall prepare a copy of the list of lands to be sold, taxes to'be"'^ as authorized by this Ordinance, with the amount of taxes prepared. due thereon, and shall include therein, in a separate column a statement of the proportion of costs chargeable on each lot for advertising, and the sum of fifty cents for each parcel to be sold, and shall cause said list to be posted in a conspicuous place in his office, and in ten other places in the town for four weeks before the day fixed for said sale, and shall publish in one or more newspapers published in said town and if no newspaper is published in said town then in the newspaper published nearest thereto, during four weeks preceding the day of sale named therein, a notice in the following form : Sale of lands in the ' for arrears of taxes. Notice is hereby given that certain lands in the will be offered for sale for arrears of taxes on the day of 190 , at o'clock in the noon, and that a list of said lands has been posted up in the following places : — Tax Collector. 2. He shall give notice of the proposed sale by serving such notice on the owner or occupant of such property, or mailing such notice to the last or usual address of such owner known to him or by posting such notice in a con- spicuous place upon such property at least twenty days before the day fixed for the sale. 3. Such notice shall state the amount of the rates unpaid the property proposed to be sold and the time and place of such sale. 4. At the time and place appointed for such sale the assessor by himself or his agent shall proceed to sell such property at public aution to the highest bidder therefor. 5. Upon the sale of such property to such bidder the assessor shall execute and deliver to the purchaser a trans- fer of such property in form G- in the second schedule to this Ordinance which shall be as effectual to convey all the estate of the owner thereof in such property as if the same had been executed and delivered by such owner to such purchaser and as if such property was free of all liens and encumbrances of every kind and description. No. 29 of 1901, s. 48. Out of price 51. Out of the price realized at such sale the assessor pay 'costs," shall first pay the costs and expenses of and incidental to expenses and such Sale and the said rates and shall pay the balance to rates, an ^^^ owuer of such property if known to the assessor unless 1902 ASSESSMENT Cap. 64 519 the said property is subject to a lien or encumbrance. If balance the owner of such property is unknown or cannot be found '° ''^°'^'^' by the assessor or if the same appears to be subject to any lien or encumbrance the assessor shall pay the balance of such price after paying such costs, expenses and rates into the Territorial Court to abide the order of any judge thereof. No. 29 of 1901, s. 49. 52. If the purchaser of any property at such sale fails if purchaser immediately \ipon the same being knocked down to him 1*0%'^'"'^ to pay the assessor or his agent the amount of the purchase may be resold. price thereof or to deposit with the assessor of his agent such smaller amount as is equal to the amount of the rates and expenses of sale the assessor shall again forthwith put up the property for sale. No. 29 of 1901, s. 50. 53. Any mortgagee, judgment creditor or other person Mortgagee holding any encumbrance upon or against any real pro- ^oun^'jue perty advertised for sale under the provisions of this Ordi- and add same nance may pay the rates, costs and expenses incidental to '° '"°''*s*se. the proposed sale and obtain from the assessor a certificate to that effect and shall thereupon be entitled to add the amount so paid to the amount due on such mortgage, judgment, charge or encumbrance. No. 29 of 1901, s. 51. 54. No error, informality or irregularity on the part of Error not to the assessor, the assessment appeal court, the person or ofTsse'ssment persons appointed to revise the rate book or of any other officer and no error or omission in giving any notice required by this Ordinance to be given shall affect or prejudice the validity of any general or individual assessment made or of any rate rated, distrained for or collected. (2.) The invalidity, irregularity or illegality of any indi- vidual assessment or rate shall not extend to or affect the validity of any general assessment or of any other assess- ment or rate. No. 29 of 1901, s 52. 55. No application for an order for confirmation of a sale Application to of land for taxes made under the provisions of this Ordi- f^f'j^.t^ef 1 nance shall be heard by a judge until three months after not to be Ithe said sale and until all persons appearing by the records S^^^ee months bf the proper Land Titles Office to have any interest in the after sale. Wd land have received notice of such application unless uch notice is dispensed w^ith by the judge. (2.) Such notice shall be given by summons of the judge Notice to btained ex parte to be served in such manner as the judge ^ s^™"- lirects and returnable in one month or such longer time ,s the judge directs after service thereof. No. 42 of 1901, s. 4. 56. Any person interested in such land may at any time Person lefore the time for hearing such application redeem the J^^*«'^;^| O g ^ O O W h ^ Oi r— ( 'd X n cS T1 ^ i OS SQ -a c 622 Cap. 94 consolidated ordinances C. 0. Form B, Section T. I certify that I have set down in the foregoing Assess- ment Roll with the names numbered from 1 to No both inclusive, all of the real property liable to taxation situate in the town of and the true actual cash value thereof in each case, according to the best of my information and judgment ; and also that the said Assess- ment Roll contains a true statement of the aggregate amount of the personal property and of the taxable income of every person named on the said roll, and that I have estimated and set down ihe same according to the best of my infor- mation and belief ; and I further certify that I have entered therein the names of the several persons owning property or receiving incomes and that I have not entered the name of any person whom I did not truly believe to be liable to be assessed in respect to the property and income assessed against him therein to the extent such person is so assessed. Dated at the town of this. day of A.D., 190.. 1902 ASSESSMENT Cap. 64 523 H ^ VJ o VJ Oi 00 M rH u r/) ;h l< TiT) <33 2 R -=tj 4) ^ 02 O -a fq =^=1 1— ( d H ^ n o fe H 3 ° o •PHfi; 0) C3 S^ I ^^ o ■a o |1h = P3 O Sri (D <4hQ ^ a Sii ^.a o o o a a-^ fen S ■» O) o CO O '"' Pi s p g Cd QJ "-I jd 0) S^ o 4J a (D 0) o o a. o H 0) o a? aj f3 £ -+i =+-! ID fl.a _^ o ® C ft a> a to IS ' e3 ' to cS _- • as rt 1) Pc,-; cS « js ?? 1> _ 4) f»,tt-c cS OO C4_, cs o d ® £ 2 ID O H ID a O •i-H -^ a a 00 &^ ^§ o a ID pi o &>^ a's ID _ 02 O i "■■§ ^ e8 P ^^ (D 7i o a ra " IS o i a^^ lilt pi^ b04J a -^ bca-s aj cs a> S - o a ii <-i /1-t SJ T* . The overseer may, whenever he deems fit and shall, upon being requested so to do by any five voters in writing giving the object of the meeting, call a special meeting of voters ; notice shall be given of all special meetings, as in the case of the annual business meeting, but the notice shall also state the purpose of the meeting. No. 31 of 1901, s. 19. ASSESSMENT AND TAXATION. Revenue to be raised by rate not to exceed 20 mills. 20. The necessary revenue of the town shall be raised by the levying of a yearly rate upon the property and in- come therein not exceeding twenty mills on the dollar of the assessed value, and by a business tax if the same is pro- vided for at the annual business meeting. The assessment of the property and income shall be made, the rate ascer- tained and the amount collected together with the business tax if any, under the provisions of the Assessment Ordinance excepting that the assessment roll shall be made up and completed between ihe first day of January and the first day of July, and the Court of Revision be held on the tenth day after the completion of said roll. No. 46 of 1901, s. 2. DOG TAX. Dogs to be taxed. 21. Every person who keeps or harbours a dog or bitch shall pay a yearly tax of five dollars for each dog and five ^^^2 TOWNS Cap. 65 531 dollars for each bitch so kept and harboured ; such tax shall be payable on demand of the overseer and may be recov- ered m such mode as is provided in said Assessm9nt Ordinance for the collection of taxes as may be applicable if the tax IS not paid after demand of the overseer he may cause the dog or bitch to be destroyed. Any person refusing or neglecting to pay such tax shall be liable to a penalty of ten dollars, and m default of payment to imprisonment for a period not exceeding twenty days. No. 31 of 1901, s. 21, HAWKEBS AND PEDLAKS. 22. No person shall follow the calling of a hawker or Hawkers and pedlar m any town without first having obtained the writ- pediers ten permission of the overseer and having paid to such ''''^"'"'• overseer the sum of one hundred dollars to form part of the ■town fund. (2.) Such sum shall be in addition to any Territorial license fee and shall entitle the person paying the fee to follow the business of a hawker or pedler in such town for the twelve months next ensuing the date of such written permission No. 31 of 1901, s. 22. lOWN EXPENDITURE. 23. The funds of the town may from time to time be Overseer to ■expended by the overseer for the purpose and in accordance ''^p™4 f™ds with the estimates as passed at the annual business meet- estimater° ing and subject to such further directions as is made at any special meeting regarding the same. No. 31 of 1901, s. 23. 24. The overseer may incur any debt not exceeding five Overseer may hundred dollars for town purposes pending the collection to^ggoo*^' "'' of taxes. All debts shall subject to the provisions herein contained be paid before the thirty-first day of December in ■each year. No. 31 of 190 1, s. 24. SUITS BY OR AGAINST TOWN. 25. Suits by or against the town may be brought by or Overseer to against the overseer as representing the town. No. 31 of townln"suit 1901, s. 25. 26. In the event of judgment being obtained against the in event of overseer for any liability of the town it may be enforced by igafnst "own execution rate levied by the sheriff" in the manner provided execution rate in the next following section. No. 31 of 1901, s. 26. '° ^' ^'"'''• 27. Any writ of execution against the town may be Proceedings indorsed with the direction to the sheriff to levy the amount ra^^^"''' 34J— y. o. 532 Cap. 65' consolidated ordinances 0. O. thereof by rate and the proceedings thereon shall be as follows : 1. The sheriff shall deliver a copy of the writ and indorse- ment to the overseer with a statement in writing of the amount required to satisfy such execution including the amount of interest thereon and sheriff's fees and demand the payment of the same. 2. It the amount demanded is not paid to the sheriff with- in thirty days after such delivery the sheriff shall examine the assessment roll of the town and shall in like manner as rates are struck for general town purposes strike a rate sufficient in the dollar to cover the amount claimed as afore- said with such addition to the same as the sheriff deems sufficient to cover interest, his own fees, the overseer's per- centage and any other expenses up to thu time when such rate will probably be available. 3. The sheriff shall thereupon issue a precept under his hand and seal of office directed to the overseer and shall annex thereto the roll of such rate and shall by such precept after reciting the writ and that the town has neglected to satisfy the same and referring to the roll annexed to the precept command the overseer to levy such rate at the iime and in the manner by law required in respect to the gene- • ral annual rate. 4. At the time for levying the annual rate next after the receipt of such precept the overseer shall add a column to the rate book headed : " Execution rate in vs. the town of " as the case may be, adding a similar column for each execution if there are more executions than one, and shall insert therein the amount by each such pre- cept to be levied on each person respectively and shall levy the amount of sach execution rate aforesaid and shall within the time that he is required to make the returns of the general annual rate return to the sheriff every such precept with the amount levied thereon deducting any per- centage and expenses which he is entitled to be paid. 5. The sheriff shall after satisfying the execution and all fees thereon return any surplus within ten days after receiving the same to the overseer for the general purposes of the town. 6. If the overseer is not paid by percentage fixed at the annual meeting of the town he shall be paid for such col- lection a sum not exceeding two and one-half per centum.. No. 31 of 1901, s. 2*7. Overseer to be 2S. The oversecr for the purpose, of carrying into effect. cOTirrfor '^^ permitting or assisting the sheriff to carry into effect the purpose of provisious of this Ordinance with respect to such executioa execution. gj^g^^j ^^ deemed to be an officer of the court from which such writ issued and as such may be proceeded against by attachment mandamus or otherwise, to compel him to per- 1902 TOWNS Cap. 65 533 form the duties hereby imposed upon him. No. 31 of 1901, s. -28. overseer's duties and powers. 29. The overseer shall have the following duties and Overseers „„„_„„„ . duties and powers: po^^^, 1. He shall carry out the orders of the voters as ex- pressed at the annual or special meeting of the voters in respect of public works and expenditure of town funds and such general orders as may be giA'^en upon matters con- cerning the town. . 2. He shall enforce the provisions of this Ordinance and all regulations thereunder : 3. He shall make such regular inspection of premises in the town as is necessary to carry out the provisions herein respecting nuisances and the prevention of disease and of ifire : 4. He shall have charge of all town property. 5. He shall keep a record of all taxes levied and collect- ed and of all moneys received and expenditures made by him and give and take receipts for all moneys received' or paid out by him as the case may be ; 6. He shall keep or cause to be kept full and accurate minutes of each town meeting other than election meetings which minutes shall record by whom all motions were moved and seconded and the result of them ; 7. He shall have the public improvements estimated in each year completed before the first day in November of each year ; 8. He shall on application in reasonable hours produce to the auditor for inspection all books, accounts, minutes, lists and records of the town ; 9. He shall impound or cause to be impounded animals unlawfully running at large. No. 31, of 1901, s. 29. ANNUAL RETURN OF OVERSEER. 30. The OA^erseer shall on or before the first day of Nov- Overseer to ember in each year render to the Territorial Secretary a J^^^ke annual ...,.•',. ' return to return in writing showing : Territorial (a.) Amount of money collected ; secretary. (b.) The amount of money expended and for what pur- pose and the balance on hand ; (c.) The outstanding liabilities if any of the town ; (d.) The names of all those who have^ been convicted of a breach of this Ordinance or any regulation made hereun- der in the town stating the penalty imposed and the name of the convicting justice ; (e.) A list of the taxes unpaid giving the names of" the persons in default ; 584 Cap. 65 CONSOLIDATED ORDINANCES C. 0. (2.) The overseer shall submit a copy of such return to- the voters at the annual business meeting. No. 31 of 1901, s. 30. ANIMALS RUNNING AT LARGE. Regulations to prevent animals running at large. 31. The voters may at any meeting resolve that ani- mals may not be permitted to run at large in the town or any part thereof in or during any period of the year ; (2.) "When the voters so resolve no horse, mule, jack, cat- tle, sheep, swine, goat, goose, or other poultry shall be per- mitted in or during such period to run at large in the town or such part thereof and the overseer shall appoint a pound- keeper whose duty it shall be to keep and maintain a pound in the town for the impounding of estray animals of the description aforesaid. (3.) In so far as they are not inconsistent herewith the provision of the Ordinance respecting trespassing and straying animals shall apply and be followed and observed in all respects as if such town were a pound district under said Ordinance. (i.) When any such resolution is passed the overseer shall forthwith notify the Territorial Seeretary. No. 31 of 1901, s. 31. PREVENTION OF DISEASE. Regulations for the prevention of disease. 32. For the prevention of disease the following regula- tions shall be observed in every town. 1. Privy pits shall be emptied and properly disinfected at least once each week between the 1st day of May and the 1st day of November in each year. 2. No privy pit shall be allowed to become offensive at any time. 3. No privy pit shall be within fifty feet of any well. 4 Where dry earth closets are ordered by resolution of a town meeting no privy pits shall be used. 5. No person shall deposit or cause to be deposited in any place where the same may become offensive, any man- ure, filth, rubbish or decaying animal or vegetable matter. 6. Stable-yards shall be cleaned during the first week of every month from the 1st day of May until the 1st day of November in each year. 1. All garbage, swill, slops and other rubbish shall be placed in suitable receptacles and removed regularly at least once every week between the 1st day of May and the 1st day of November in each year. 8. No stable-yard shall be allowed to become offensive at any time because of decaying animal or vegetable matter. 9. Foul water shall not be allowed to accumulate on any property. 1902 TOWNS Cap. 65 585 10. Any person guilty of a violation of any of the pro- visions of this section shall be liable to a penalty not exceed- ing fifty dollars and in default of payment to imprisonment for a period not exceeding ninety days. No. 31 of 1901, s. 32. PREVENTION OF FIRE. 33. For the prevention of fire the following regulations Retruiations shall be observed in each town : ^°'^ *^e . 1. No person shall keep on any premises a larger quan- of fires. '°" tity of gunpowder or other explosive than twenty-five poiinds unless the same is stored at least one hundred feet from any building ; 2. No person shall keep on any premises a greater quan- tity of kerosene than one hundred and fifty gallons unless the same is stored at least sixty-five feet from any building ; 3. No person shall set out fire within fifty feet of any buildiag, provided nevertheless that a blacksmith may build a fire within fifty feet of his shop for the purposes of his trade ; 4. No person shall deposit any ashes in any wooden vessel unless it is lined with metal. No. 81 of 1901, s. 33. 34. There shall be a space of at least nine inches between Space between any stovepipe and partition or floor through which it passes floOT^an'F^' unless such stovepipe is surrounded in such partition or floor partition. by a thimble of brick, cement or concrete at least two inches in width and of the full thickness of such partition or floor or by a metal safety flue with an air space of at least three inches. (2.) At least twelve inches shall intervene between any stove in use and the partition or wall nearest thereto. (•^.) Every proprietor of any house more than one storey high, with a roof having a pitch greater than one foot in three shall keep a ladder on such roof near the chimney thereof. (4.) Any person guilty of a violation of any of the pro- visions of this section shall be liable to a penalty not ex- ceeding fifty dollars and in default of payment to imprison- ment for a period not exceeding ninety days. No. 31 of 1901,6.34 REMUNERATION OF OVERS HIER. 35. The remuneration of the overseer shall be fixed at Remuneration the annual business meeting but shall not be less that one °* o^«'^^««'^- hundred dollars nor more than three hundred dollars per annum, together with two and one-half per centum of all rates and taxes collected by him and the overseer may re- tain such remuneration at the expiration of his term of 536 Cap. 65 00N8OL1DATED 0RDINANCE6 C. office out of the moneys then in his hand. No. 31 of 1901, s. 35. AUDIT AND DELIVERY OF BOOKS, ETC. Audit of overseers books. 36. At the expiration of the term of office of any over- beer or upon his ceasing to hold office for any cause, all books, accounts, records, lists, vouchers, moneys and other property of the town shall be examined by the auditor and handed over to the successor in office of such overseer ; the. auditor shall make a full report thereon at the next meet- ing of the voters. No. 31 of 1901, s. 36. OFFENCES AND PENALTIES. Offense.s and penaltie.s. 37. Any overseer who neglects or refuses to render a true and correct account as and when required herein or neglects or refuses to hand over to his successor in office any property of the town as directed by the next preceding section shall be liable to a penalty not exceeding five hun- dred dollars and in default of payment to imprisonment for a period not exceeding six months. (2.) Any overseer who neglects or refuses to discharge any other duty by this Ordinance imposed upon him shall be liable to a penalty not exceeding two hundred dollars and in default of payment to imprisonment for a peiiodnot exceeding three months. (3.) Any person who violates any provision of this Ordinance for which violation no penalty is in this CJrdin- ance provided or who violates the provisions of any judg- ment, order or regulation given or made under the pro- visions of this Ordinance shall be liable to a penalty not ex- ceeding two hundred dollars and in default of payment to imprisonment for a period not exceeding three months. (4.) All penalties imposed by this Ordinance shall when recovered be paid to the overseer to form part of the town funds. No. 31 of 1901, s. 31 TITLE TO REAL ESTATE. 38. The title of any real property owned or purchased or in any way acquired by any town shall be vested in the commissioners Commissioner of the Yukon Territory who shall hold the same for the purposes of the town. No. 81 of 1901, s. 38. Real estate held by town to be in ALTERATION OF BOUNDARIES. Commissioner 39. The Commissioner of the Yukon Territory may alter dndiries ^^^ boundaries of any town and may add to or take from of town. the area of such town. No. 31 of 1901, s. 39. 1902 TOWNS Cap. 65 SST NOTICE OF MEETING. 4©. Any notice required under this Ordinance for calling Notices may any meeting maybe published in any newspaper published in newspapers in such town instead of being posted, as in this Ordinance instead of hereinbefore provided. No. 31 of 1901, s. 40. pShed. 41. Any affidavit or declaration required under any pro- Who may vision of this Ordinance may be sworn or made before a affidavit. notary public, commissioner for taking affidavits or a jus- tice of the peace, any one of whom may administer any oath or take any declaration required by any such provision. No. 81 of 1901, s. 41. SOHKDULE. FORM A. SECTION 5. I, A. B., of ■ in the Yukon Territory (occupation) solemnly declare : *" 1. That I am a British subject of the full age of twenty- one years ; 2. That I reside within the town of and that I possess, hold or occupy land within the said town and (in case of a female) ; 3. I am an unmarried woman or widow (aii the case may be). Declared at in the"] Mon Territory this ^^[ .,yo.er here sign.) 190 before me. J Returning officer. FORM B. SECTION 7. I, A. B., returning officer for the town of , hereby solemnly declare that the record of votes hereto attached and signed by me is a true record of the votes given at the election of an overseer for the said town held on the day of A.D. 190 when of in the Yukon Territory was duly elected overseer for the said town. Declared at in the ' Yukon Territory this i day of A.D. 190 before me. (Returning officer signs here.) A Commissioner for taking affidavits. 538 Cap. 65 consolidated ordinances C. 0. FORM C. SECTION 8. Know all men by these presents that we of iu the Yukon Territory as principal, and of in the said territory and of in the said territory as sureties, are held and firmly bound unto the Commis- sioner of the Yukon Territory, the said principal, in the sum of one thousand dollars, and each of the said sureties in the sum of five hundred dollars of good and lawful money of Canada to be pai«l to the said Commissioner, for which payments well and truly to be made we severally bind our- selves and our respective heirs, execiitors and administrators. Sealed with our seal and dated the day of AD. 190 . L.S. L.S. L.S. Whereas under the provisions of the Towns Ordinance the said * was on the day of A D. 190 duly elected to the office of overseer in the town of Now the condition of the above obligation is such that if the said shall at all times until his successor in such office is duly appointed accord- ing to law keep, fulfil, observe and comply with all and every provision of the said Ordinance to which the said as such oAJ^erseer is or shall be subject and truly and faithfully whenever required by law so to do render accounts and* delivery of all moneys and property of any nature which may or but for the default of the said would have come into his hands as such overseer, and if the said in all respects faithfully performs his duty as such overseer in said town then this obligation shall be void, but otherwise shall re- main in full force and virtue. AFFIDAVIT OF JUSTIFICATION TO ACCOMPANY FOREGOING BOND. We and the sureties whose names are signed to the foregoing bond, do severally solemnly declare and say as follows : 1 T, the said for myself say that I am worth property situate in the Yukon Territory to the value of five hundred dollars over and above what will pay my just debts and over and above all sums for which I am liable as surety and the exemptions allowed by law. 1902 TOWNS Cap. 65 539 2. And I, the said for myself say that I am worth property situate in the Ytikon Territory to the value of five hundred dollars over and above what will pay all my just debts and over and above all sums for which I am liable as surety and the ex- emptions allowed by law. The above named and severally made the foregoing declaration at in the Yukon Territory V Sureties sign here, this day of A.D. 19 Before me. A commissioner for taking affidavits. No. 31 of 1901. 540 Cap. 66 CONSOLIDATED ORDINANCES CO. CHAPTER 66. An Ordinance respecting Schools. SHORT TITLE. Short title, 1. This Ordinance may be cited as " The School Ordinance," No. 27 of 1902, s. 1. INTERPRETATION. Interpretation "Depart- ment." ^'Munici- pality. " " Superin- tendent. " ^' Board." 2. In this Ordinance, unless the context otherwise re- quires : 1. "Department" means the Department of Education. 2. " Municipality " includes the City of Dawson and any place incorporated under the Towns' Ordinance. 3. " Superintendent " means the Superintendent of Schools. 4. "Board" means Board of School Trustees. No. 21 of 1902, s. 2. COUNCIL OF PUBLIC INSTRUCTION. Council of Public Instruction. . Any trustee wishinjy to resign may do so by sending notice in writing to the remaining member or members of the board who shall immediately take the necessary steps to fill the vacancy, and such resignation shall only take effect upon the election of a new trustee. 2. A trustee who resigns his office may be re-elected with his own consent. No. 27 of 1902, s. 59. DISQUALIFICATION OF TRUSTEES. Trustee to vacate seat if convicted of crime or absent for three months, etc. 60. Any trustee who is convicted of any felony or mis- demeanour or becomes insane or absents himself from the meetings of the board for three consecutive months without being authorized by resolution entered upon its minutes, or ceases to be an actual resident within the district for which he is trustee shall, ipso facto vacate his seat and the remaining trustee or trustees shall declare his seat vacant and forthwith order a new election to fill any vacancy thus crealted. No. 27 of 1902, s. 60. Trustee not to 61. No trustee shall take or possess any pecuniary interest, profit or promise or expected benefit in or from 1902 SCHOOLS Cap. 66 55*7 any contract, agreement or engagement either in his own ^a^e interest name or in the name of another, with the corporation of '" °°"''^^'''' which he is a member, or receive or expect to receive any compensation for any work, engagement, employment or duty on behalf of such corporation except as secretary, treasurer, secretary-treasurer or for a school site. (2.) Any trustee violating any of the provisions of this section shall thereby forfeit his seat, and the remaining trustees shall declare the seat vacant, and it shall thereby become vacant, and an election to fill the vacancy so created shall be held forthwith. No. 27 of 1901, s. 61. ELECTIONS TO FILL VACANCIES. ©2. When any vacancy is created in the board of any in ease school district, it shall be the duty of the remaining trustee rlmaSiJiT or trustees in ofhce to forthwith appoint a returning officer trustee to and hbld an election to elect the required number of trustees ^°^^ election. to complete the board, which election shall be held in the same manner as is provided by this Ordinance for the annual election of trustees. Provided that if any vacancy is not filled within one month the Commissioner may appoint some qualified per- son to fill the same. No. 27 of 1902, s. 62. 63. A trustee elected to fill a vacancy shall hold office Trustee only for the unexpired term of the person in whose place va^canoy*to ' he has been elected, and he shall within ten days after his hold seat for election take the declaration of office provided for in section of te-m ^^ 22 of this Ordinance. No. 21 of 1902, s. 63. BORROWING POWEKS OF DISTRICT. 64. The board of any district may by resolution authorize Board may its chairman and treasurer to borrow from any person, t°xesreoSved bank or corporation such sum of money as is required to meet the expenditures of the district until such time as the taxes levied for the current year are available, and such loan shall be repaid out of and shall be a first charge upon the taxes which are collected for the year in which the loan was made, and may be secured by the promissory note or notes of the chairman and treasurer given on behalf of the board. No. 21 of 1902, s. 64. 65- The board of any district may upon receiving the with approval of the Commissioner borrow a sum of money not commissioner to exceed $2,000 for the purposes of securing or improving may borrow a school site, or purchasing, repairing, erecting, furnishing pu^rpoLs!" or adding to any school building or for all or any of the • said purposes : 558 Cap. 66 consolidated ordinances 0. 0. ProA'ided that any such loan shall be made repaya^ble in equal annual instalments with interest and may be extended over a period of not more than five years ; and any such loan may be secured by the promissory note or notes of the chairman and treasurer given on behalf of the board. No. 27 of 1902, s. 65. ASSESSMENT AND TAXATION. Assessment 66. The Assessment Ordinance shall be deemed to form to apply"^ part of this Ordinance and shall apply mvtatis mutandis to all school districts established throughout the Territory. (2.) Where a district is situated within a municipality the trustees may as soon as may be after the final revision of the assessment roll of the municipality make a demand on the overseer or council of such municipality for the sum required for school purposes for the then current year ; but such sums shall not exceed an amount equal to five mills on the dollar according to the last revised assessment roll on the property liable to assessment in such district for ordinary school purposes with such additional amount as may be necessary to meet any indebtedness that has been incurred and is coming due, and the same shall be assessed and collected as the rates of the municipality. (3 ) For the purposes of this section any portion of a district which is not within the limits of a municipality shall be deemed to be within the limits of the municipality, and the provisions of the Towns Ordinance or of any special Ordinance creating s^^ch municipality and any amend- ments thereto shall apply to such portion as if the same formed a part of the municipality. Subject to the provisions of this Ordinance the property liable to assessment and taxation for school purposes shall be the property liable to assessment and taxation for muni- cipal purposes. No. 21 of 1902, s. 66. WHERE SEPARATE SCHOOL DISTRICT. In separate *»7« After a Separate school district is established the ooium "I'^'b"' ^i^ssssor shall add a column to the assessment roll, in which added by he shall place the religion (Protestant or Eoman Catholic) for re%ion °^ *^^ persou assessed. No. 27 of 1902, s. 68. Joint interests 68. In cascs where separate school districts have been of§fffe°ent established whenever property is held by two or more religion to persons as joint tenants or tenants in common, the holders sepaiSy^ of such property bping Protestants and Roman Catholics, they shall be assessed in proportion to their interest in the property in the district to which they respectiA'ely are rate- payers No. 27 of 1902, s. 69. 1902 SCHOOLS Cap. 66 559 69. A company may by notice in that behalf to be given Company to to the overseer or treasurer of any municipality wherein a according'' separate school district is either wholly or in part situated to religion of and to the secretary of the board of any public school district in which a separate school has been established, and to the secretary of the board of such separate school district, require any part of the real property of which such company is either the owner and occupant, or not being such owner is the tenant or occupant or in actual posses- sion of and any part of the personal property if any of such company liable to assessment to be entered, rated and assessed for the purposes of said separate school and the proper assessor shall thereupon enter said company as a separate school supporter in the assessment roll in respect •of the property specially designated in that behalf in or by said notice and so much of the property as shall be so designated shall be assessed accordingly in the name of the company for the purposes of the separate school and not for public school purposes, but all other property of the company shall be separately entered and assessed in the name of the company as for public school purposes ; Provided always that the share or portion ol the property •of any company entered rated or assessed in any munici- pality or in any school district for separate school purposes under the provisions of this section shall bear the same ratio and proportion to the whole property of the company assessable within the municipality or school district as the amount or proportion of the shares or stock of the company so far as (he same are paid or partly paid up, held and posessed by persons who are Protestants or Roman Catho- lics as the case may be, bears to the whole amount of such paid or partly paid up shares or stock of the company ; (2.) Any such notice given in pursuance of a resolution in that behalf of the directors of the company shall for all purposes be deemed to be sufficient and every such notice so given shall be taken as continuing and in force and to be acted upon unless and until the same is withdrawn, varied or cancelled by any notice subsequently given pursuant to any resolution of the company or of its •directors ; (3 ) Every such notice so given to such overseer or trea- surer shall remain with and be kept by him on file in his office and shall at all convenient hours be open to inspec- tion and examination by any person entitled to examine or inspect the assessment roll, and the assessor shall in each year before the completion and return of the assessment roll search for and examine all notices which may be on file in the overseer or treasurer's ofiice and shall thereupon in respect of said notices if any follow and conform thereto and to the provisions of this Ordinance in that behalf; 4. False statements made in any such notice shall not relieve the company from rates. Any company fraudu- 660 Cap. 66 consolidated ordinances CO. lently giving such notice or making false statements there- in shall be liable to a penalty not exceding |100. Any person giving for a company such a statement fraudulently or wilfully inserting in any such notice a false statement shall be guilty of an offence and liable on summary con- viction to a like penalty. No. 21 of 1902, s. tO. EXECUTION AGAINST SCHOOL DISTRICTS. Writs of ex- TO. Any writ of execution against the board of any reaiiz°ed ''°'^ district may be indorsed with a direction to the sheriff to levy the amount thereof by rate ; and the proceedings thereon shall be the following ; 1- The sheriff shall deliver a copy of the writ and in- dorsement to the treasurer or leave such copy at the ofi5.ce or dwelling house of such officer with a statement in writing of the sheriff's fees and of the amount required to satisfy such execution ijicluding such amount of interest calculated to some day as near as is convenient to the day of service ; 2. In case the amount with interest thereon from the day mentioned in the statement be not paid to the sheriff with- in one month after the service the sheriff shall examine the assessment roll of such district and shall in like manner as rates are struck for general school purposes, strike a rate on the dollar on the assessable property in the said district - sufficient to cover the amount due on the execution, with such additional amount as the sheriff deems sufficient to cover the interest and his own fees up to the time w^hen such rate will probably be available ; 3. He 'fehall thereupon issue a precept or precepts under his hand and seal of office directed to the said treasurer and shall by such precept after reciting the writ and that the said board had neglected to satisfy the same, command the said treasurer to levy or cause to be levied such rate at the time and in the manner by law required in respect to the general school rates ; 4. At the time for levying the annual rate after the receipt of such precept the treasurer shall add a column to the tax roll in the said district headed " Execution rate A. B. vs. Trustees of School District " (or as the case may be, adding a column for each execution if more than one) and shall insert therein the amount of such precept required to be levied upon each person respectively, and shall levy the amount of such execution rate as aforesaid ; and such treasurer so soon as the amount of such execution or execu- tions is collected shall return to the sheriff the precept with the amount levied thereon ; 5. The sheriff shall after satisfying the executions and all fees thereon return any, surplus within ten days after receiving the same to the said treasurer for' the general purposes of the said district ; 1902 SCHOOLS Cap. 66 561 6. The treaswrer shall for all purposes connected with carrying into effect or permitting or assisting the sheriff to carry into effect the provisions of this Ordinance with respect to such executions be deemed to be an officer of the court out of which the writ issued and as such shall be amenable to the court and may be proceeded against by attachment, mandamus or otherwise in order to compel him to perform the duties hereby imposed upon him. No. 21 of 1902, s. 71. 71. In the foregoing section the word "treasurer" shall Meaning of mean: "Treasurer." 1. In the case of a school district situate wholly or par- tially within a municipality, the overseer or treasurer of said municipality: 2. In the case of any other school district, the treasurer of the school district. No. 21 of 1902, s. 72. CONDUCT OF SCHOOLS. FEES. 72. No fees shall be charged by the board of any district Fees not to" on account of the attendance at its school of any child ratepayers. whose parent or lawful guardian is a ratepayer of the district ; Provided that if the board of any district maintains one Exceptions. or more departments in its school exclusively for pupils above standard V. as it may be defined from time to time by the riegulations of the department it may charge the parent or lawful guardian of any pupil in attendance at any such department a fee not exceeding nine dollars for the first term and six dollars for the second term in any year if such parent or lawful guardian is a resident rate- payer of the district, and in case such parent or lawful guardian is not a resident ratepayer of the district, a fee not exceeding thirteen dollars for the first term and eight dollars for the second term and all such fees shall be payable at such times and in such amounts as may be determined by Ihe board. No. 27 of 1902, s. 73. SCHOOL TERMS. 73. The school shall begin on the first day of January School terms. and end on the thirty-first day of December, and shall be divided into two terms ending the thirtieth day of June and the thirty-first day of December respectively. No. 27 of 19' '2, 8. 74. 36— Y. o. 562 Cap. 66 CONSOLIDATED ORDINANCES 0.0 HOURS. Hours of attendance. 74. School shall be held between nine o'clock and twelve o'clock in the forenoon and half past one o'clock and four o'clock in the afternoon of every day standard time, not including Saturdays, Sundays or holidays, but the board may alter or shorten the school hours upon receiving the permission of the Commissioner. (2 ) A recess of fifteen minutes in the forenoon and in the afternoon shall be allowed the children attending school. No. 21 of 1902, s. 75. VACATION AND HOLIDAY. Vacations. 75. In any school open during the whole year there shall be seven weeks holidays of which not less than two nor more than six shall be given in the summer and not less than one nor more than five shall be given in the winter, to be apportioned at the discretion of the board. The summer holidays shall, fall between the second day of July and the thirty -first day of August and the winter holi- days shall commence on the twenty fourth day of December in all schools. (2.) The board of any district in which the school is open during the whole year may allow two weeks' additional holidays. (3.) When a school is open during only a portion of the year the board may give holidays not to exceed two weeks beginning on the second day of July ; Provided that the Commissioner may on proper represen- tation being made to him allow the board to give holidays not exceeding two weeks at some other time. No. 27 of 1902, s. 76. Holidays. 76. Ash "Wednesday. Good Friday. Easter Monday, Arbour Day (second Friday in May) the birthday of the reigning sovereign, Victoria Day, Dominion Day, Labour Day, Thanksgiving Day, Christmas Day, New Year's Day and any day specially appointed as a holiday by the Gover- nor General, the Commissioner of the Yukon Territory, the Mayor of a city, or overseer of a town shall be holidays ; and it shall be at the discretion of the board to permit any other holiday not exceeding one day at a time. No. 27 of 1902, s. 77. LANGUAGES TO BE USED. English language to be used but preparatory course may 1 le taught in French. 77. All schools shall be taught in the English language, but it shall be permissible for the board of any district to cause a primary course to be taught in the French language. 1902 SCHOOLS Cap 66 563 (2.) The board of any district may, subject to the regula- tions of the department employ one or more competent persons to give instructions in any language other than English in the school of the district to all pupils whose parents or guardians have signified a willingness that they should receive the same, but such course of instruction shall not supersede or in any way interfere with the instruction by the teacher in charge of the school as required by the regulations of the department and this Ordinance ; (3.) The board shall have the power to raise such sums of money as are necessary to pay the salaries of such instructors and all costs, charges and expenses of such course of instruction shall be collected by the board by a special rate to be imposed upon the parents or guardians of such pupils as take advantage of the same. No. 27 of 1902, s. 78. RELIGIOUS INSTRUCTION. 78. No religious instruction except as hereinafter pro- Religious vided shall be permitted in the school of any district from instruction the opening of such school until one-half hour previous to grv-enuutii its closing in the afternoon after which time any such close of school. instruction permitted or desired by the board may be given. (2.) It shall, however, be permissible for the board of any district to direct that the school be opened by the recitation of the Lord's prayer. No. 27 of 1902, s. 79. '79- Any child shall have -the privilege of leaving the Child may school at the time at which the religious instruction is 'eikfio'i"""^ commenced as provided for in the next preceding section, instruction. or of remaining without taking part in any religious in- struction that is given if the parents or guardians so desire. No. 27 of 1902, s. 80. 80. N teacher or school trustee shall in any way attempt Teacher not to to deprive such child of any advantage that it might derive ^ordina^y'*^ from the ordinary education given in such school, and any education. such action on the part of any trustee, or teacher shall be held to be a disqualification for and voidance of the office held by him. No. 27 of 1902, s. 81. KINDERGARTEN CLASSES. 81. Kindergarten classes may be established in any Kindergarten school for the teaching and training of children between ''•'^sses. the ages of four and six years according to kindergarten methods and in such schocl a fee may be charged not exceeding $1 per month for each pupil to cover cost of maintaining such department. No. 27 of 1902, s. 82. 36^— Y. o. 564 Cap. 66 consolidated ordinances 0. 0. NIGHT CLASSES. Night schools. H2. The board of any district may engage a qualified teacher and make necessary arrangements at the expense of the district for the maintenance of a night school : Provided that if the school is kept open for one month a fee may be charged of not more than $2 per month for each month or portion of month that the pupil is in attendance. No. 27 of 1902, s. 83. compulsory education. Certain 8S. In every district where there are at least fifteen kept°opCTi^^ children between the ages of seven and fourteen inclusive whole year, within a radius of one mile from the school house, it shall be compulsory for the board of such district to keep the school open the whole year. No. 27 of 1902, s. 84. Schools with 84. In every district where there are at least ten children be ke 't^o"en° l^^^'ween the ages of seven and fourteen years inclusive it six mont°h''s!'° shall be compulsory for the board of such district to keep the school in operation at least six months in every year. No. 27 of 1902, s. 85. Children must 85. Evcry parent, guardian or other person resident in sohod^ie" ^ school district having charge of any child or children weeks in year, between the ages of seven and twelve inclusiA^e, shall be required to send such child or children to school for a period of at least sixteen weeks in each year, at least eight weeks of which time shall be consecutive, and every parent, guardian or other person who does not provide that every such child under his care shall attend school or be other- wise educated shall be subject to the penalties hereinafter provided. No. 27 of 1902, s 86. Penalty for 86. It shall be the duty of the board of every district or ohnrtcfscLoi ^^y person authorized by it afler being notified that any parent, guardian or other person having control of any child or children neglects of violates the provisions of the next preceding section to make complaint of such neglect or violation to a justice of the peace and the person complained of shall on summary conviction be liable to a fine not exceeding $1 for the first offence and double that penalty for each subsequent offence. No. 27 of 1902, s. 87. Excuses for 87. It shall be the duty of the justice of the peace to chiirtcfsciKioi ascertain as far as may be the circumstances of any party complained of for not sending his child or children to school or otherwise educating him or them, and he shall accept any of the following as a reasonable excuse : 1. That the child is under instruction in some other satis- factory manner ; ^902 SCHOOLS Cap. 66 565 2. That the child has been prevented from attending school by sickness or unavoidable cause ; 3. That there is no school open which the child can attend within such distance not exceeding one mile mea- sured according to the nearest passable road from the residence of such child ; 4. That such child has reached a standard of education of the same or of a greater degree than that to be attained in the school of the district within which such child resides ; 5. That such parent or guardian was not able by reason of poverty to clothe such child properly or that such child's bodily or mental condition has been such as to prevent his or her attendance at school or application to study for the period required. No. 27 of 1902, s. 88. TRUANCY. 88. The board of any district may appoint a truant Truant officer officer who shall for the purpose of this Ordinance be vested ™ay .^^ with police powers and it shall have authority to make ^^p"'" " regulations for the direction of such officer in the enforce- ment of the provisions of this Ordinance as it deems expe- dient, provided such regulations are not inconsistent with any of the provisions of this Ordinance and have been ap- proved by the Commissioner. No 2Y of 1902, s. 89. 89. If the parent, guardian or other person having the Penalty for legal charge of any child shall neglect or refuse to cause ge^j^gf,™! '° such child to attend some school within five days after school after being notified as herein required, unless excused from such bemgnotifipd. attendance as provided in this Ordinance the truant officer shall make or cause to be made a complaint against such person before a* justice of the peace and such person shall on summary conviction be liable to a fine not exceeding $1 and costs for the first offence and double that penalty for each subsequent offence. Provided that the provisions of the foregoing clauses Proviso. relating to truancy shall not apply to children who may reside more than one mile from the school house. No. 27 of 1902, s. 90. TEACHER. QUALIFICATION. OO. No person shall be engaged, appointed, employed or Qualification retained as teacher in any school unless he holds a valid °* teacher. certificate of qualification issued under the regulations of the Council of Public fnstruction or of the department. No. 27 of 1902, s. 91. 566 Cap. 66 CONSOLIDATED ORDINANCES 0.0. ENGAGEMENT AND DISMISSAL. Teacher to be 91. A teacher shall not be engaged except under the res^lutfon'^ authority of a resolution of the board passed at a regular or special meeting of the board. No. 27 of 1902, s. 92. Contract. 92. The Contract entered into shall be in the form pres- cribed by the Superintendent of Schools and such form may be altered or amended as may be mutually agreed upon by the contracting parties, provided such alterations or amend- ments are not inconsistent with any of the provisions of this Ordinance or the regulations of the department. No. 21 of 1902, s.. 93. Contract to be 93. The Contract shall be valid and binding if signed by teacher^and *^® teacher and by the chairman on behalf of the board. chairman. No. 21 of 1902, S. 94. Teacher may be suspended or dismissed. Proviso. 94. Any teacher who has been suspended or dismissed by the board may appeal to the Superintendent of Schools who shall have power to take evidence and confirm or reverse the decision of the board and in the case of reversal he may order the reinstatement of said teacher : Provided that in case there is no appeal to the Superint- endent of Schools or in the event of an appeal if the decision of the board is sustained the teacher shall not be entitled to salary from and after the date of such suspension or dismissal. No. 21 of 1902, s. 95. PAYMENT OF TE \CHEES. Salary to be 95. Bvery teacher shall be paid the amount of salary threeTo'nths. *^^® *° ^^"^ ^* 1®^®* oucein every three months, and it shall be the duty of the board to make provision for such payment. No. 21 of 1902, s. 96. Salary how estimated. 96. The salary of a teacher who has been engaged in any district ior four months or more continuously shall be estimated by dividing the rate of salary for the year by 210 and multiplying the result obtained by the number of actual teaching days within the period of his engagement : Provided that if a teacher has taught more than 210 days in any calendar year, he shall only be entitled to a year's salary. No. 2*7 of 1902, s. 97. Tea,cher 97. Every teacher in case of sickness certified by a quali- saiary during ^^^ medical practitioner shall be entitled to his salary sickness. during such sickness for a period not to exceed four weeks for the entire year, which jjeriod may be increased by the board. No. 21 of 1902, s. 98. 1902 SCHOOLS Cap. 66 567 9H. A teacher whose agreement with a board has expired if salary not or who is dismissed by them shall be entitled to receive Pf^y recover forthwith all moneys due him for his services as teacher sai^e!^'^'^"™ while employed by said board ; if such payment be not made by the board or tendered to the said teacher he shall be entitled to recover the full amount of his salary due and unpaid with interest in any court of competent jurisdiction. No. 21 of 1902, s. 99. DUTIES OF TEACHEE. 99. It shall be the duty of every teacher : Duties of 1. To teach diligently and faithfully .all the subjects *^**^''- required to be taught by the regulations of the department ; 2. To maintain proper order and discipline and to con- duct and manage the school according to the regulations of the department ; 3. To keep in a conspicuous place in the school room a time table which shall show the classification of pupils, the subjects taught each day and week, the length of each recitation period and the seat work given ; and to submit such time table to the Superintendent of Schools for his approval and signature on the occasion of his visit to the school ; 4. To keep in the prescribed form the school registers and to give access to them to trustees, officers of the board, the Superintendent of Schools and any other person author- ized thereto by the Commissioner ; 5. To make at the end of each term or at any other time promotions from one class or standard to another as he may deem expedient, subject to the ratification of the Super- intendent of Schools at his next visit ; 6. To hold during each year a public examination of his school of which he shall give due notice to the board, and through the pupils to their parents or guardians ; *I. To send monthly to the parents or guardians of each pupil if required by the board a report of the pupil's atten- dance, conduct and progress ; 8. To encourage the observance of Arbour Day by hold- ing suitable exercises, to take an interest in the cleanliness and tidiness of the school grounds and to secure the co- operation of trustees and parents in planting trees and shrubs about the school ; 9. To give strict attention to the proper heating, ventilat- ing and cleanliness of the school house and to the condition of the outhouses in connection with the same and to report to the board any defect with respect thereto ; 10. To exercise vigilance over the school property, the buildings, fences, furniture and apparatus so that they may not receive unnecessary injury, and to give prompt notice in writing to the board of any such injury ; 568 Cap. 66 CONSOLIDATED ORDINANCES C. 0. 11. To report to the secretary of the board any necessary repairs to the school buildings or furniture and any required supply of fuel, drinking water, furniture or equipment ; 12. To see that the provisions of clause 10 of section 54 of this Ordinance have been complied with, and if not to report to the board and in case of any neglect on the part of the board to notify the Commissioner ; 13. To notify the chairman of the board whenever he has reason to believe that any pupil attending school is affected with or exposed to small-pox, cholera, scarlatina, diphtheria, whooping cough, measles, mumps, or other infectious or contagious disease, and to prevent the attendance of any pupil so affected or exposed or suspected of being affected or exposed until furnished with the written statement of a physician or the chairman of the board that such contagious or infectious disease does not exist or that all danger from exposure to any of them has passed away ; 14. To suspend from school any pupil for violent opposi- tion to authority and to forthwith report in writing the facts of such suspension to the board which may take such action with regard thereto as it deems necessary ; 15. To assist the board and its officers in making the pre- scribed returns to the department ; 16. To furnish to the Commissioner, the Superintendent of Schools, the board or any person appointed by the Com- missioner any information which it is in his power to give respecting anything connected with the operation of the school or in anywise affecting its interests or character ; 1 8. To deliver up any school registers, school house key or other property of the district in his possession when required to do so by a written order of the board ; 19. To attend all meetings of the teachers called by the Superintendent of Schools where more than one teacher is employed ; 20. If the school is not within the limits of an established school district, to make all reports to the Superintendent of Schools which he is required by this Ordinance to make to the Board of School Trustees. No. 27 of 1902, s. 100. DUTIES OF PRINCIPAL OF SCHOOLS. Principal. lOl. In every school in which more teachers than one are employed the head teacher shall be called the principal and the other teachers the assistants. No. 27 of 1902, s. 101. JJuties of principal. lOS. The principal shall prescribe with the concurrence of the board the duties of the assistants and shall be respon- sible for the organization and general discipline of the whole school. No. 27 of 1902, s. 102. 1902 SCHOOLS Cap. 66 569 teachers' association. 103. Any number of teachers may organize themselves Teachers' into an association, and subject to the regulations of the association. department, may hold conventions and institutes for the purpose of receiving instructions in and discussing educa- tional matters. No. 21 of 1902, s. 103. education of non-kesident children. 104. The parent or lawful guardian of any child residing Persons outside the limits of any district may apply to the board "?*fi.de Oil !•■ n IT. IT • I 1 T •! 1 n 1 ciistnct may ior the admission oi such child to its school, and it shall be have children the duty of the board to admit such child. school' '" Provided always that the board may demand that the application for admission of any non-resident child be accompanied by a statement from the Superintendent of Schools to the eifect that the accommodation of the school is sufficient for the admission of such child. No. 21 of 1902, s. 104. 105. The parent or lawful guardian of any child residing Persons not within the limits of any district and who is not a ratepayer ™*yP^g^®d^ thereof may send his children to the school operated within children the district. No. 21 of 1902, s. 105. to school. 106. Any person not living within a district may apply Persons to the board of any district to have his or her property if ™'^^^'fj,^ ^^^ not already included in any other district, assessed in such have their district to secure the advantages of education for his chil- ll°^^^^l dren, and in such case on the report of the Superintendent of Schools that the accommodation of the school room is suffi- cient for the admission of the children of such person the board shall receive such application and place the said property on the assessment roll of the district, and such property shall remain liable to assessment in such district until a new district is established including the said prop- erty ; and for the purpose of enforcing payment of taxes and of all remedies therefor the said property shall be deemed to be within the school district on whose assessment roll it is placed. No. 21 of 1902, s. 106. penalties and pkohibition. ustees. 107. Any board or any member thereof that wilfully Liability neglects or refuses to exercise or to assist in exercising all ° ""^*®' the corporate powers vested in such board by this Ordi- nance for the fulfilment of any contract or agreement made by it shall be personally responsible for the fulfilment of such contract or agreement. No. 27 of 1902. s. 101. 5^70 Cap 66 CONSOLIDATED ORDINANCES CO. Liability of trustees fur debts. 108. Should the board of any district wilfully contract liabilities in the name of the district, greater or other than as provided or allowed by this Ordinance, or appropriate any of the moneys of the district for purposes other than are provided or allowed by this Ordinance, the treasurer of the district or some other person authorized by the Commissioner may recover as a debt in a court of com- petent jurisdiction from such board jointly or severally the sum or sums for which the district has been rendered liable through the action of such trustees over and above the amount so provided by this Ordinance in addition to the total amount of any moneys that have been misappropriated by such trustees. No. 27 of ltt02, s. 108. Penalty for false report. 109. If any trustee knowingly signs a false report, or if any teacher keeps a false school register, or knowingly makes a false return, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding $20.00. No. 21 of 1902, s. 109. Penalty for retaining money or books. IIO. Any trustee, officer or employee of a district who after ceasing to hold office retains any money, book, paper or thing belonging to the district, shall thereby incur a penalty not exceeding $20.00 for each day.,during which he wrongfully retains possession of such money, book, paper or thing after having received notice in writing from the chairman of the board or from the Commissioner requiring him to deposit the same in the hands of some person mentioned in such notice. No. 2*7 of 1902, s. 110. Penalty on returning officer for prejudicing result of election. 111. Any returning officer of any district or proposed district acting under the provisions of this Ordinance who shall knowingly and wilfully prejudice the result of any voting by preventing votes from being taken or by taking unlawful votes or by altering returns or books in any way, or by any other means, shall be liable to a penaltv of not less than $10.00 and not exceeding flOO.OO. No. 21 of 1902, s. 111. Penalty for disturbing meeting. 112. Any person who wilfully disturbs, interrupts or disquiets the proceedings of any school meeting authorized to be held by this Ordinance, or any one who wilfully interrupts or disquiets any school established and conducted under its authority by rude or indecent behaviour, or by making a noise either within the place where school is kept or held, or so near thereto as to disturb the order of exer- cises of the school, shall be guilty of an offence for which he shall forfeit for the use of the district within which the offence was committed a sum not exceeding $20.00. No. 21 of 1902, s. 112. 1902 SCHOOLS Cap. 66 STl 113. No scliool trustee shall be eligible to appointment Trustee not to as teacher within the district of which he is trnstee, nor ^ ^^^'^ "*' shall the teacher of any school hold the office of school trustee. No. 21 of 1902, s. 113. 114. All moneys accruing from fines or penalties under Fines to this Ordinance shall unless otherwise provided belong to general'" the general revenue fund of the Territory. No. 27 of 1902, revenue fund. s. 115. 512 Cap. 67 CONSOLIDATED ORDINANCES CO. CHAPTER 67. An Ordinance for the Prevention of Fires. Quantities of explosives that may be kept in one place. 1. No person shall keep on any premises a larger quantity of gunpowder or other explosive than twenty-five pounds unless the same is stored at least one hundred feet from any building, nor shall any greater quantity than one hundred pounds be kept within any fire limits nor within one mile from the centre thereof No. 2 of 1902, s. 1, and No. 13 of 1902. Quantities of kerosene that may be kept in one pl.ice. 2. No person shall keep on any premises a greater quan- tity of kerosene than one hundred and twenty gallons or a greater quantity of gasoline than forty gallons, unless the same is stored at least sixty-five feet from any building. No. 2 of 1902, s. 2. Tire not to be 3. No persou shall Set out fire within fifty feet of any filtyfeet^f building ; provided, nevertheless, that a blacksmith may building. build a fire within fifty feet of his shop for the purposes of his trade. No. 2 of 1902, s. 3. Ashes not to be deposited in wooden vessel. Space to be left between stovepipe and partition. Distance of stovepipe from wall. 4. No person shall deposit ashes in any wooden vessel unless it is lined with metal. No. 2 of 1902, s. 4. 5. There shall be a space of at least nine inches between any stovepipe and partition or floor through which it passes unless such stovepipe is surrounded in such partition or floor by a thimble of brick, cement or concrete at least two inches in width and of the full thickness of such partition or floor, or by a metal safety flue with an air space of at least three inches. (2.) At least twelve inches shall intervene between any stovepipe in use and the partition or wall nearest thereto. No. 2 of 1902, s. 5. Houses over one story to have ladder on roof. 6* Every proprietor of any house more than one-story high, with a roof having a pitch greater than one foot in three shall keep a ladder on such roof near the chimney thereof No. 2 of 1902, s. 6. Commissioner 7. The Commissioner may by proclamation published in fiJI'distrioti!*' the Yukon Official Gazette and in one newspaper published in the district affected by such proclamation (if there is one 1902 FIRES Cap. Q1 5*73 published in said district), establish iire limits within the boundaries of which no person shall erect, or after a date therein named, maintain any building or structure of any description constructed or partly constructed, as to its outer walls and roof, of any material other than wood, brick, stone or metal, and any building or other structure erected or maintained contrary to this section may after a notice to that effect has been posted on such building for five days, be pulled down and destroyed without compensation by any person under direction of the officer for the time being commanding the Northwest Mounted Police in said district. No. 2 of 1902, s. 1. 8. Any person guilty of a violation of any of the provi- Penalty. sions of this Ordinance shall be liable, on summary convic- tion, to a penalty not exceeding fifty dollars and costs, and in default of payment to imprisonment for a period not exceeding three months. No. 2 of 1902, s. 8. 9. This Ordinance shall not apply to the City of Dawson. Ordinance not No. 2 of 1902, S. 9. ■ foDTwIon. 574 Cap. 68 consolidated oedinances C. 0. CHAPTER 68. An Ordinance respecting the limits of Dawson and Klondike City. 1. In every Ordinance, unless the context otherwise requires : Interpretation (1.) The expressions "Dawson," "Dawson City" or ofj'Davvson", " Unincorporated Town of Dawson " means the following described area of land : Commencing at a point in the production in a straight line northerly of the eastern limit of 2nd Avenue, being a subdivision of G-roup Lot 16 of Group 2, in the Yukon Territory, said point being distant Northerly on the course of said 2nd Avenue 1221 feet and 6-10 of a foot from the Southern limit of said Group Lot 16. Thence South 43 degrees, 06 minutes and 55 seconds East 3324 feet and 1-10 of a foot to the Northwestern corner of Lot 12, in G-roup 2. Thence South 34 degrees, 18 minutes and 35 seconds West along the Eastern limits of Lots 12 and 3, in Group 2, 3b28 feet and 8-10 of a foot to the Northern limit of Lot 25, in G-roup 2. Thence South 55 degrees, 31 minutes and 25 seconds East along the said Northern limit of Lot 25 and along its production in a straight line Easterly 5802 feet and 6-10 of a foot to the "Western limit of the Boyle Hydraulic Conces- sion on the Klondike River. Thence South 1 degree, 44 minutes and 35 seconds "West along said "Western limit of the Boyle Hydraulic Concession 2034 feet, more or less, to the centre of the main channel of the Klondike Kiver. Thence down stream along the center of the main channel of the said Klondike River to the centre of the main channel of the Yukon River. Thence down stream along the centre of the main channel of the said Yukon River to the production in a straight line "Westerly of the first above described course. Thence South 43 degrees^ 06 minutes and 55 seconds East along the said production to the point of commence- ment. Interpretation (2.) The expressiou " Klondike City " means the following of "Klondike ,qac,„T„'l-.Q^ otoo /-v-non/l • City.' described area of land : 1902 LIMITS OF DAWSON AND KLONDIKE CIBY Cap. 68 S'ZS Commencing at the Southwestern corner of Lot 1, in Block 1, being a subdivision of G-roup Lot 13 of G-roup 2, in the Yukon Territory. Thence South *76 degrees, 30 minutes Bast, along the Southern limit of said Lot 1, 51 feet and 5-10 of a foot, to the Southeastern corner thereof. Thence South 76 degrees, 49 minutes and 30 seconds Bast, 277 feet and 3-10 of a foot, to a. post planted at the top of a hill distant about 4*70 feet from the bank of the Yukon Eiver. Thence South 47 degrees, 02 minutes, 35 seconds Bast, 54*- 8 feet and 9-10 of a foot, to a post planted at the top of the mountain on the South side of the Klondike valley. Thence South 79 degrees, 03 minutes, 55 seconds East, 4362 feet and 4-10 of a foot, to the production in a straight line Southerly of the Western limit of the Boyle Hydraulic Concession on the Klondike Eiver. Thence North 1 degree, 44 minutes, 35 seconds Bast, along the said production and along the said Western limit of the Boyle Hydraulic Concession, 4056 feet, more or less, to the centre, of the main channel of the Klondike River. Thence down stream along the centre of the main channel of the said Klondike River to the centre of the main channel of the Yukon Ei v^er. Thence up stream along the centre of the main channel of the said Yukon River to the production in a straight line Westerly of the first above described course being the Southern limit of Lot 1, Block 1 , Grroup Lot 1 8, in G-roup 2. Thence Basterly along the said production to the point of commencement . No. 41 of 1901, s. 1. 2. That a copy of a plan of said described area signed by A. J. McPherson, D.L.S., and dated the 20th day of August, 1901, be deposited in each of the following places, viz.: The offices of the Commissioner of the Yukon Terri- tory, the Gold Commissioner, the Registrar of Land Titles for the Yukon Land Registration District, the Dominion Lands agent and the clerk of the Territorial Court at Dawson. No. 41 of 1901, s. 2. 3. That said plans may be referred to and cited as " Plan of Dawson " and " Plan of Klondike City," respectively. No. 41 of 1901, s 3. 576 Cap. 69 CONSOLIDATED ORDINANCES 0.0. CHAPTER 69. An Ordinance respecting fast driving. Fast driving '* -^^y person riding or driving in or through the streets prohibited, or highways of any town, village or assemblage of dwell- ings in the Yukon Territory at a rate or pace greater than six miles an hour, shall be liable to a penalty not exceeding $50.00 and costs, to be recovered summarily before e> Jus- tice of the Peace. No. 9 of 1901, s. 1. Penalty to 2. The provisions of this Ordinance shall apply to the apply to dogs, driving of dogs. No. 9 of 1901, s. 2. Not to apply 3. The fire department of towns, villages or assemblages departments '^^ dwellings shall uot be subject to the provisions of this Ordinance. No. 9 of 1901, s. 2. 1902 DOGS Cap. 70 5l*i CHAPTER 70. An Ordinance respecting" Dogs. 1. In this Ordinance, unless the context otherwise re- interpretation quires : 1. The expression " dog " means a dog of the age of six "Dog." months and upwards and includes both male and female. 2. The expression "muzzled " means covered by a muz- "Muzzled." zle over the mouth in such manner as to make it impossible for the dog so secured to touch with the mouth anything outside the muzzle and bite it. 3. The expression "owner" mean any person owning "Owner." any dog and includes any agent or servant of such owner, and any person entitled to the possession or control of any dog. 4. The expression " peace officer " means peace officer "Peace as defined by the Criminal Code of 1892 and amending Acts, and includes any member of the Northwest Mounted Police force. 5. The expression "pound" means: 'Pound." (a.) Any place established as a pound for dogs before the passing of this Ordinance, and any place established as such by the Commissioner by notice of location thereof published in the Yukon Official Gazette, and, (6.) If there is no such place established within three miles from the place where a dog is captured by a peace officer, any place deemed proper for a pound by such peace officer. 6. The expressions "run at large" or "running at "Kunning large " mean without being restrained, so as to be unable to ** '^^^''' do injury or harm, by being (a.) Securely fastened to some stationary object so as to be unable to go more than five feet from such object, or, [b.) Confined within any building or other enclosure. No. 22 of 1901, s. 1. 2. No dogs shall be permitted to run at large within the No dog to Yukon Territory and any dog running at large within such ^^^oui*''^^ Territory, if not muzzled and wearing a strap with the tag muzzle aforesaid, shall be liable to be killed or impounded by any ^^^ **s- peace officer. (2.) The owner of any dog shall on or before the 1st day Owner to lak of July in every year obtain in the manner provided in ""* "'^"^^• this Ordinance a license for such dog, and shall cause such 37— Y. o. S18 Cap. 10 CONSOLIDATED OBDINANCKb 0.0. Penalty. Judgment to be recovered against officer. Officer commanding N.W.M.P. to appoint pound keeper. Keeper to be furnished with license forms and tags. License to be numbered. Tag to be numbered. dog to wear a strap around its neck with the tag furnished by a pound-keeper to such owner attached to such strap, (3.) The owner of any dog running at large contrary to the provisions of this section shall be liable to a penalty of not less than five dollars and not more than thirty dollars, and, in default of payment, to imprisonment for a term not exceeding thirty days. (4.) No judgment .shall be recovered against a peace offi- cer for killing or impounding any dog unless the owner proves that when killed or impounded, (a.) Such dog was not running at large contrary to the provisions of this section, and {b.) That the owner had paid the license fee in respect to such dog, and that such dog was wearing a strap with a proper tag. No. 22 of 1901, s. 2. 3. The commanding officer of the Northwest Mounted Police force in the Yukon Territory shall appoint for every pound a peace officer as keeper thereof. (2.) Such keeper shall be furnished by such officer with license forms, metal tags and straps for fastening such tags to the necks of dogs ; every such tag shall be so made as to be easily fastened to a strap placed around the neck of the dog. (3.) Every license form shall have a counterfoil, easily separated from a license form, and its counterfoil shall be numbered with the same number ; license forms shall be numbered with consecutive numbers. (4.) Each tag shall be numbered to correspond with a license No. 22 of 1901, s. 3. Pound keeper to issue license on payment of fee. 4. Upon payment by or on behalf of any owner of a license fee of two dollars, the pound-keeper to whom such fee is paid, shall issue to such owner a license in which shall be stated : 1. The date of issue ; 2. The name of the owner of the dog in respect to which such license is issued ; 3. The name of the person paying the fee, 4. A description of the dog, its name, probable age and sex. No. 22 of 1901, s. 4. Particulars of 5. The pouud-kceper shall enter the same particulars on entered*™ "^ ^^^ Counterfoil of the license and retain the counterfoil. No. counterfoil. 22 Of 1901, S. 5. Pound keeper 6. The pouud-keeper shall deliver to the person who witli^iiclme. obtains a license such one of the tags furnished to such pound-keeper as bears the same number as the license. No. 22 of 1901, s. 6. 1902 Doas Cap. 70 5^9 t- No owner of any dog impounded shall be entitled to Owner of dog recover possession of such dog without paying to the pound- ™P°""/«d keeper, ^^^ 1. A sum equal to seventy-fiye cents a day for each day such dog has been impounded, and 2. A licence fee for such dog, if not already paid No 22 of 1901, s. V. 8. If such sum and fee have not been paid within one if fees not month after such dog has been first impounded, the pound- |o beloid keeper may sell such dog at public auction after five days' public notice. No. 22 of 1901, s. 8. 9. The sum realized from such sale shall be appropriated How sum 1. To payment of the pound-keeper the sum of seventy- ^^*"^^^i*°^^« five cents for each day such dog has been impounded ; 2. To payment of any unpaid license fee in respect to such dog ; •8. To payment of any penalty imposed upon the owner in respect to such dog remaining unpaid, unless the owner has undergone or is undergoing the imprisonment in default of such payment, and 4. The balance, if any, shall be paid to such owner on demand. [2.] If there is no bid for any dogofieredfor sale at public auction under this Ordinance the pound-keeper may dispose of such dog in such manner as he sees fit at any time after such auction. No. 22 of 1901, s. 9. 10. Every pound-keeper shall quarterly, and whenever pound keeper required by said commanding officer, account to such officer *° ™*'^e for the licenses, tags and straps furnished to such pound- rSu'rns.^ keeper, and shall deliver to such officer the detached coun- terfoils in the possession of such pound-keeper, and when so required, the licenses, tags and straps also, and shall pay to such officer the license fees received by such pound- keeper. No. 22 of 1901,. s. 10. 11« Every pound-keeper shall keep a record of every dog xq keep impounded, which record shall show the reason for im- record of dogs pounding, the date such dog was first impounded, length '™p°™ ® • of time impounded, the name and address of the owner, if known, and the final disposal made of such dog ; such record shall be open to public inspection, and shall be subject to the order of such commanding officer. No. 22 of 1901, s. 11. 12. Every pound-keeper shall forthwith upon selling To report any dog, report to such officer the facts of such sale, and the ^* ® ° °^' price obtained for such dog, and shall pay to such officer the balance of such price after deducting therefrom the sum of seventy-five cents for each day the dog sold was im- pounded. No. 22 of 1901, s. 12. 3Ti— Y.o. 680 Cap. 10 CONSOLIDATED ORDINANCES CO. After three months balance to be paid comptroller. All penalties, etc. , to be paid to. 13. If no demand is made on the said commanding officer for any balance to which the owner of any dog sold is entitled, within three months after such sale, such officer shall pay such balance to the Territorial Treasurer, and the same shall form part of the general revenue fund of the Territory. No. 22 of 1901, s. 13. 14. Subject to the next preceding sections, all sums received by the commanding officer from pound-keepers or from any other source under the provisions of this Ordinance, and all penalties by whomsoever collected, shall be forth- with paid to such Treasurer and shall form part of said fund. No. 22 of 1901, c. 14. Owner to 15. Evcry owner shall when required by a peace officer of^dogs"^ned furnish in writing to such peace officer a true statement of or kept by the number of dogs owned or kept by him. No. 22 of WOl, s. 15. Penalty. *®* Every person violating any provisions of this Ordi- nance, for violation of which no penalty is provided, shall be liable to a penalty of not less than five dollars and not exceeding one hundred dollars. No. 22 of 1901, s. 16. 1902 TRKSPASSINa AND STRAYING OF ANIMALS Cap. 1l 581 TITLE X. RELATING TO ESTRAY ANIMALS AND PROTECTION OF GAME. CHAPTER 71. An Ordinance respecting Trespassing and Straying of Animals. 1. In this Ordinance interpretation 1. The word "animal" means any horse, mule, jack, "Animal." goat, neat cattle, swine or geese ; 2. The word "trespasser" means any animal which "Trespasser." breaks into any ground enclosed by a lawful fence ; 3. The word "estray" means any horse, mule, jack or "Estray." one of the neat cattle species, or any swine or geese running at large ; 4. A legal fence, for the purpose of this Ordinance, shall Legal fence. be held to he not less than four feet six inches high, and shall consist of such courses of rails or wire, as the case may be, as shall be held sufficient for the protection of the ground within its bounds. No, 43 of 1899, s. 1. 3. The Commissioner may, by order published in the Commissioner Yukon Official Gazette, constitute any part of the Yukon go^^titute into a pound district, and appoint therefor one or more pound pound-keepers. No. 43 of 1899, s. 2. f^p^olnt^old keepers. 3. The owner or occupier of any land surrounded by a ^™®[g°''Qf lawful fence, or his agent, may capture any trespasser upon S^^^"^ ° such land, and drive and deliver the same to the nearest f^^fXfeSoe''^ pound-keeper of the district in which the trespass was may capture committed, and the said pound-keeper shall impound such trespasser. trespasser and shall be responsible for the feed and safe- keeping thereof, so long as he is legally bound to hold the same ; and such pound-keeper shall collect the amount of the damages caused by, and all charges for the keep and 582 Cap. 11 CONSOLIDATED ORDINANCES 0. 0' Pound keeper other incidental expenses connected witli such trespasser, da^ma^ges?"* before delivering up the same to the owner ; and it shall be the duty of the captor to leave with the pdund-keeper a statement in writing of his claim for damages done by such trespasse" and his reasonable charges incurred in driving the same to and delivering the same to the pound-keeper. No. 43 of 1899, s. 3. Any person 4. Any resident in the Yukon Territory may capture any may deliver estray found withiu any pound district, and drive and deli- pound keeper, vcr the Same to the pound-keeper of such district, and the said estray shall be dealt with in every way as a trespasser under this Ordinance. No. 43 of 1899, s. 4. Animal 5- In every case where damage is done to the enclosed endosed^iand ^^^^^ °^ ^^Y P^rsou by any of the animals hereinbefore trespasser. mentioned breaking the fences enclosing the same, such animal shall be considered and treated as a trespasser within the meaning of this Ordinance, if that part of the fence broken by such animal is legal ; although other parts of the enclosing fence are not legal ; and any animal here- inbefore mentioned breaking through a division fence, which its owner is bound to repair and keep up, shall be considered and treated as a trespasser within the meaning of this Ordinance, although the said fence is not a legal fence. No. 43 of 1899, s. 5. Person in 6. The owuer or occupant of any land, or the person in 2^mf »?nwnor charge of any animal, shall be liable for any damage caused by such animal under his charge as though such animal was his own property ; and the owner of any animal not permitted to run at large by law shall be liable for any damage done by such animal, although the fence enclosing the premises is not a legal one. No. 43 of 1899, s. 6. Person 7. The persou capturing any animal shall, at the time of animaf with delivering the same to the pound-keeper, deposit poundage pound keeper fees, if such are demanded, and with the. statement of his poundagefees. demand, as hereinbefore provided, give to the pound-keeper with a surety, if required by the pound-keeper, his written agreement in the words, or to the following effect : — " I, A. B,, do agree that I will pay to the owner of the {describing the animal) by me this day impounded, all costs to which the said owner is put in case the distress by me proves to be illegal, or in case the claim for damages by me fails to be established." No. 43 of 1899, s. 1. Owner *• The owuer of any animal impounded shall at any aSimaf '° ^^^^ ^^ entitled to his animal on demand made therefor giving without payment of any poundage fees, on giving satisfac- security. ^qj-j security to the pound-keeper for all costs, damages and poundage fees that are established against him. No. 43 of 1899, s, 8. 1902 TRESPASSING AND STRAYING OF ANIMALS Cap. 11 583 0. On the pound-keeper impounding an animal it shall Duty of be his duty : , p°""<' '^''^p^''- 1. If the owner is known, to immediately notify him of Notify owner, such impounding, and if such owner refuse within three days after such notification to pay all lawful damages and other charges, and take away his animal, to advertise for at Advertise. least ten days the sale of such animal, by posting notices in three of the most public places in the pound district and upon the day named in such notice for such sale, to sell Seii. such animal by public auction. 2. If the owner is not known, to cause to be posted if owner not forthwith in three of the most public places in the pound notiSTs.^'' district, a notice giving as near as possible all the marks, natural and artificial, colour, and probable age of such animal ; and after the expiration from such notice of: — (a) Twenty days, If the animal is a horse, mule, jack, or one of the neat cattle species and over two years old, and (b) Six days, If the animal is of the last mentioned kinds under two years old, or of any other kind of any age. If no owner is found the pound-keeper shall j^ °wner not advertise and sell the animal in the same man- advertise ner as herein provided when the owner is ^"<^ ^*^"- known. No. 43 of 1899, s. 9. 10. The pound- keeper shall apply the proceeds of any How proceeds fcuch sale as follows : °*p^^,^. This Ordinance shall not apply within any munici- pality. 1902 TRESPASSING AND STRAYING OF ANIMALS Cap. *7l 685 20. No animal is to be turned loose to pasture between the 30th of October and the 30th of March unless it is in good condition, and unless feed and water are obtainable where the animal is turned loose. No. 43 of 1900, s. 1. 21. Anyone finding an estray in weak or poor condition during the winter shall notify the nearest police detachment. The police shall, if the owner is known, order him to provide feed for the animal or to kill it ; if the owner is not known, the police shall see that the animal is impounded, and it shall then be dealt with as provided in section 9 of this Ordinance, except that it may be sold after twelve days in pound. No. 43 of 1900, s. 2. 2i. If no purchaser can be found for an animal at the pound-keeper's sale, the pound-keeper may kill it, and sell it for dog feed unless it can be disposed of by private sale. No. 43 of 1900, s. 3. 23. An estray found damaging caches may be impounded. No. 43 of 1900, s. 4. 24. Anyone found guilty of turning an animal out to graze during the period mentioned above in section 1 of this Ordinance, when the animal is in poor condition, or where there is no food nor water, and any owner who fails to stable or feed his animal when warned to do so by any member of the Northwest Mounted Police, may upon summary conviction, before a justice of the peace, be fined not more than $100.00 and costs, and in default of payment, be sentenced to thirty days imprisonment, with or without hard labour. No. 43 of 1900, s. 5. 586 Cap 12 CONSOLIDATED ORDINANCES CO. CHAPTER 72. An Ordinance respecting the Preservation of Game in the Yukon Territory. , Interpretation " Game guardian." ' Close 1. The names by which, the beasts and birds mentioned in this Ordinance are therein described include their young and males and females. 1. The expression " game guardian " means a game guar- dian appointed under the subsequent provisions of this Ordinance. 2. The time fixed with respect to any beast or bird, by sections 2 and 3, or by the Commissioner in Council under section 4 of this Ordinance is called in this Ordinance, "the close season" for that beast or bird. No. 2 of 1901, s. 1. Buffalo or bison not to be killed. Close season. Number of animals to be killed. Persons killing animals to report. Traders to keep date of purchasing meat. 2. Except as hereinafter provided, buffalo or bison shall not be hunted, taken, 'killed, shot at, wounded, injured, or molested in any way, at any time of the vear. No. 2 of 1901, s. 2. 3. Except as hereinafter provided, the following beasts and birds shall not be hunted, taken, killed, shot at, wounded, injured, or molested in any way during the following times of the year, respectively : 1. Musk ox, elk or wapiti, moose, caribou, deer, mountain sheep or mountain goats, between the first day of January and the first day of October in each year. 2. Grrouse, partridge, ptarmigan, pheasants and prairie chickens, between the fifteenth day of January and the first day of October in each year. 3. Wild swans, wild ducks, and wild geese, snipes, sand pipers or cranes, between the first day of June and the first day of September in each year. 4. No one person shall have the right to kill during the same season, except as hereinafter provided, more than two elk or wapiti, six moose, two musk oxen, and six deer. 5. Any . person who kills any of the above beasts shall report himself at the Mounted Police detachment on, his way to Dawson or the creeks, and declare his name, the number of beasts killed and the place where he killed them. 0. Any person purchasing the meat of the above beasts for trading purposes shall keep a register showing the name of the person or persons from whom it was so purchased, the quantity and kind purchased, and also the date of purchase. 1902 PRESERVATION OF GAME Cap. t2 58*7 1. All members of the Mounted Police shall be ex-officio n.w.m.p. to "game guardians " under this Ordinance, and the Commis- guaSis. sioner may appoint other guardians as he sees fit. Any game guardian may call upon any person at any time found in the possession of game to state when, where and from whom it was obtained, and whenever he has reason to suspect that any person is illegally in the posses- sion of game, he shall have the right to inspect any bag or other receptacle, vehicle or other means of transportation in which he supposes it to be, and any person refusing, molesting or obstructing the said game guardian in the accomplishment of such duties, is liable upon nummary conviction to a penalty not exceeding $100.00 and costs, and in default of payment to imprisonment not exceeding one month. No. 2 of 1901, s. 3 ; No. 5*7 of 1901, s. 1. 4. The Commissioner in Council may from time to time. Close season when they deem it necessary or expedient so to do alter extended. by resolution, any of the time fixed by sections 2 and 3 of this Ordinance. No. 2 of 1901, s. 4. 5- Except as hereinafter proA-ided no eggs on the nests Eggs not to of any of the birds above mentioned, or in the nest of any other species of wild fowl, shall be taken, destroyed, injured or molested at any time of the year. No. 2 of 1001, s. 5. ©• Notwithstanding anything in sections 2, 8, 4 and 6 of Exceptions Ordinance, the beasts and birds mentioned in those sections may be lawfully hunted, taken or killed, and eggs of any of the birds or other wild fowl so mentioned may be law- iuUy taken : 1. By explorers, surveyors, prospectors, miners or travel- lers who are engaged in any exploration, survey or mining operations, or other examination of the Territory, and are in actual need of the beasts, birds or eggs for food. 2. By any person who has a permit to do so granted under the subsequent provisions of this Ordinance. No. 2 of 1901, s. 6. 7. None of the contrivances for taking or killing wild Game not to fowl, know as batteries, swivel guns or sunken punts, cl^tai^n" ^ shall be used at any time of the year, to take, destroy, or contrivances. kill any of the birds mentioned in this Ordinance, or any other species of wild fowl. No. 2 of 1901, s. 1. 8. None of the birds and beasts mentioned in this Ordi- Np'Jo^be nance shall be taken, or killed, at any time of the year by p°''°°^ • the use of poison or poisonous substances, or pits or falls. No. 2 of 1901, s. 8. 9. No dogs shall be used at any time of the year for Dos^^^°* '° ' hunting, taking, running, killing, injuring or in any way 588 Cap. 72 consolidated ordinances C. O- molesting buffalo or bison, or. during the close season, any of the other beasts, or any of the birds mentioned in this Ofdinance. No. 2 of 1901, s. 9. Indians not to 10. No One shall enter into any contract or agreement be employed. ^j|.jj qj. employ any Indian or other person, whether such Indian or person is an inhabitant of the country to which this Ordinance applies or not, to hunt, kill, or take contrary to the provisions of this Ordinance, any of the beasts and birds mentioned in this Ordinance, or to take contrary to such provisions, any eggs. No. 2 of 1901, s. 10. Offences. 11. Every one is guilty of an offence who violates any of the foregoing provisions of this Ordinance, and is liable on summary conviction thereof to a penalty as follows: 1. For the violation of any provisions with regard to musk oxen, buffalo or bison, elk, wapiti, moose, or deer, to a penalty of not more than $500.00. 2. And for the violation as to any other of the provisions of this Ordinance to a penalty of not more than $100.00. 3. And he is also liable in every case to pay the costs of conviction. No. 2 of 1901, s. 11. 12. The authority making the conviction may order that in default of payment of the penalty and the costs of con- viction forthwith, or within such times as he orders, either : 1. The penalty and costs shall be levied by distress and sale of the goods and chattels of the person convicted, and that, if sufficient goods and chattels cannot be found the person convicted shall be imprisoned for a period of not more than three months, unless the penalty and costs are sooner paid, or : 2. The person convicted shall be imprisonned for a period of not more than three months, unless the penalty andcosts are sooner paid. 3. When, because of the distance, or for want of means of conveyance or communication, or for any other cause, it is not practicable to confine such person in the nearest jail or other place of confinement, the convicting authority shall have power to confine him in any suitable building which is more convenient and nearest to the place of trial, and to take all reasonable necessary precautions to prevent his escape therefrom during the term for which he has been convicted. No. 2 of 1901, s. 12. Fines to form 13. Every fine or penalty recovered under this Ordinance ?evenulfunT^ shall form part of the general revenue fund. No. 2 of 1901, s. 13, On conviction 14. Any beast, bird or eggs in respect of which any con- fonfooated. victiou has been made under this Ordinance shall be held to be thereby confiscated, and the authority who has made 1902 PRESEKVATION OF GAME Cap. 72 589 the conviction may make such disposal of them as he thinks fit, except to sell or barter the same.] No. 2 of 1901, s. 15. 15. Possession shall be constituted as follows, namely : Possession. 1. Possession at any time of the year of a buffalo or bison dead or alive, or any part of a buffalo or bison ; or 2. Possession at any time of the year of eggs of any of the birds mentioned in this Ordinance, or of eggs of any other species of wild fowl ; or 3. Possession during the close season of any other beast mentioned in this Ordinance, or of any part of any such beast, or of any birds mentioned in section 3, shall be deemed prima facie evidence of the killing or taking of the beast, bird or eggs, as the case may be, contrary to the provisions of this Ordinance. Provided, moreover, that this section shall not be construed to prevent the exposure and offering of for sale the carcases, or any part of them, of beasts killed during the open season, lor a period of sixty days after the beginning of the close season. No. 2 of 190!, s. 16. 16. Any justice of the peace, when he considers it Justice may necessary to do so, may appoint a constable or constables constable. to apprehend and arrest any person -w ho has done, or who he has reason to believe has done anything in contravention of any of the provisions of this Ordinance ; and any such constable shall, upon apprehending and arresting, bring him for trial without any unnecessary delay before the nearest authority having the right and power to convict under this Ordinance, and shall produce any beast, or bird or eggs or any part of any such beast or bird found in the possession of such person at the time of his apprehension, contrary to the provisions of this Ordinance. No. 2 of 1901, s. 11. 17. Any justice of the peace, upon proper information justice ma^ that there is reason to suspect that a breach of any of the |*^^ranr'^°'' provisions of this Ordinance has been committed, or that any beast, bird or eggs, in respect of which such a breach has been committed, or any part of any beast or bird in respect of which such a breach has been committed, is likely to be in any tent, or on any premises, or on board of any vessel, or at any other place, may by warrant under his hand authorize any constable to enter and search any such place, and if found, to seize any such beast, bird or eggs, or any such part of any beast or bird, to be dealt with after- wards according to the provisions of this Ordinance. No. 2 of 190], s. 18. IS. The Commissioner or any officer or person duly permits to km authorized bv him mav issue a permit to any person to take i°^ scientitic J, .„ ■' -*■ , 'ii • J. purposes. or kill, for scientific purposes, or to take with a view to domestication, any number, not exceeding four of each of the said beasts or birds, except buffalo and bison, or to take 590 Cap. 72 CONSOLIDATED ORDINANCES 0. 0. eggs not exceeding twelve of each, of any of the said birds, or of any other species of wild fowl. Every such permit shall set forth in detail the name, address or calling of the person to whom it is granted, the object for which it is granted, the number of each species or eggs which it is intended such person may kill or take, and the period of time during which the permit is to be in force. No 23 of 1902, s. 3. Game 19. The Commissioner may appoint one or more game guar lau. guardians for the purpose of carrying out the provisions of this Ordinance. No. 2 of 1901, s. 20. To take oath. 20. Every game guardian so specially appointed, before acting as such guardian, shall take and subscribe before any judge, notary public or justice of the peace, in and for the Yukon Territory, or before any person specially deputed by the Commissioner the following oath : I., A B., a game guardian, in and for the Yukon Territory, do solemnly swear that, to the best of my judgment, I will faithfully, honestly and impartially fulfil, execute and perform the office and duty of such game guardian accord- ing to the true intent and meaning of the Ordinance respecting the preservation of game in the Yukon Territory and of all regulations made or to be made thereunder. So help me God. No. 2 of 1901, s. 21. Remuneration 21. The remuneration of game guardians, constables and any other person or persons employed to perform any duties imposed by this Ordinance, or any regulations under it, shall be determined by the Commissioner in Council. No. 2 of 1901, s. 21. Kuiesand 22. The Commissioner may from time to time make such regulations, j^^gg a,nd regulations, not inconsistent with the provisions of this Ordinance, for the carrying out of the true intent and meaning thereof as are found necessary or deemed expedient by him, and may amend or alter such rules and regulations, or any one of them from time to time as is found necessary or deemed expedient. No. 2 of 1901, s. 23. Meat to be 24. Any person who kills any of the beasts or birds orsoM."^ ^°°^ mentioned in this Ordinance and does not use the meat thereof for food himself or cause the same to be used for food, or does not offer the same for sale in some market within the Yukon Territory, shall be liable to a penalty not exceeding $500 and in default of payment to imprison- ment for a period not exceeding three months. No. 3*7 of 1901, s. 4. Ordinance 25. With the exception of section 2 of this Ordinance, toindiS.^ this Ordinance shall not apply to Indians who are inhabi- tants of the Yukon Territory. No. 2-3 of 1902, s. 2. 19.02 POLLUTION OF KUNNING STREAMS Cap t3 591 CHAPTER 73. An Ordinance to Prevent the Pollution of Running Streams. 1. Any person who deposits or causes or allows to be de- Depositing posited along the bank of any running stream in the Terri- gtreams tory or who casts or throws into its waters any stable manure or any night soil, carcases, or any other filthy or impure matter or substatice of any kind shall be guilty of penalty. an offence and on summary conviction for each and every such offence incur a penalty of not less than $5 together with the costs of prosecution ; and on non-payment of such penalty and costs forthwith after conviction be imprisoned in the nearest common gaol for a term not exceeding one month unless such penalty and costs are sooner paid. N. "W.T., c. 86, s. 1. 2. The banks of all running streams within the Terri- Banks of tory shall for the purposes of this Ordinance include all lands ^*''®^™^- within fifty feet of ordinary high water mark on either side of such streams. N.W.T., c. 86, s. 2. 3. This Ordinance shall not refer to the discharge of Sewage. sewer waters from any pipe or drain leading from any dwelling house, hotel or public institution. N.W.T., c. 86, s.S. 692 Cap. 14: CONSOLIDATED ORDINANCES CO CHAPTER 74. An Ordinance for the Prevention of Prairie and Forest Fires. SHORT TITLE. Short title. 1. This Ordinance may be cited Ordinance." N.W.T., c. Si, s. 1. as " The Prairie Fires PROVISIONS AGAINST KINDLING FIRES. Causing prairie fires. Penalty, 2. Any person who shall either directly or indirectly, personally or through any servant, employee or agent — 1. Kindle a fire and let it rim at large on any land not his own property ; 2. Permit any fire to pass from his own land ; or 3. Allow any fire under his charge, custody or control or under the charge, custody or control of any servant, employee or agent to run at large, shall be guilty of an offence and shall on summary convic- tion thereof be liable to a penalty of not less than $26 and not more the $200 and in addition to such penalty shall be liable to civil action for damages at the suit of any person whose property has been injured or destroyed by any such fire. N.W.'t., c. 8*7, s. 2. CAMP OR BRANDING FIRES. Cainp or branding fires, extinguish- ment. 3. Any person who kindles or is a party to kindling a fire in the open air for camping or branding purposes and who leaves the same without having extinguished it shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding $100. N.W.T., c. 87, s. 3. Fireguards in certain cases. CLEARING LAND. 4. No person shall directly or indirectly, personally or by any servant, agent or employee kindle on any land a fire for the purpose of guarding property, burning stubble or brush or clearing land unless the land on which the fire is stai'ted is at the time it is started, completely surrounded by a fireguard not less than twenty feet in width consisting of 1902 PRAIRIE AND FOREST FIRES Cap. *74 598 land covered with snow or water or so worn, graded, ploughed, burned over or covered with water as to be free of inflammable matter, and any person kindling a fire for such purpose shall during the whole period of its continu- ance cause it to be guarded by three adult persons provid- ed with proper appliances for extinguishing prairie fire. (2.) Any person contravening this section shall be guilty of an offence and be liable on summary conviction thereof to a penalty not exceeding $100. N.W.T., c. 8*7, s. 4. FIRES BY RAILWAY EMPLOYEES. 5. Nothing in this Ordinance shall prevent any railway Railway company or its employees from burning over the land held companies and by it under its right of way and the land adjoining the same ^""^ °^^^^' to an extent not exceeding three hundred feet in width on each side of the centre line of the railway. (2.) Every person causing, commencing or in charge of such burning shall cause the same during the whole period of its continuance to be watched and guarded by at least four men provided with suitable appliances for extinguish- ing prairie fire and in default thereof shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding |100. (3.) This section shall not relieve any person from liabi- lity under this Ordinance if any fire so started shall escape or run at large. N.W.T., c. 8*7, s. 5. SPRING BURNING. 6. Nothing herein contained shall prevent any person -p^j.^^ before from kindling fire before the 7th day of May in any year 7th May. for the purpose of clearing any area of laud not exceeding three hundred and twenty acres if syich land is completely surrounded by a fire guard not less than ten feet in width consisting of land covered with snow or water or being so worn, graded, ploughed, burned over or covered with water as to be free from inflammable matter. (2.) Any person so kindling a fire shall cause it to be guarded during the whole period of its continuance by three adult persons provided with proper appliances for extinguishing prairie fire and should such fire be left without being so guarded or be allowed to escape such person shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding flOO. N.W.T., c. 87, s. 6. PROSECUTIONS. 7. It shall not be necessary that any prosecutor or com- Burden of plainant shall in any information or complaint for an offence p™°^- 38— T. o 594 Negotiating exceptions. Cap. ^74 CONSOLIDATED (1RDINAN0ES 0.0 under this Ordinance negative any exemption, exception, proviso or condition herein contained or prove any such negative at the hearing or trial, but the accused person may prove the affirmative thereof in his defence if he wishes to avail himself of it. N. W. T., c. 87, s. 8. Rights preserved. EIGHTS OF ACTION PRESERVED. 8. Nothing in this Ordinance shall bar or prevent any person from bringing any action against any person to which he is otherwise entitled. N. W. T., c. 87, s. 9. FIRE GUARDIANS. Fireguardians 9. The Commissioner may appoint fire guardians having the powers of constables to enforce the provisions of this Ordinance and all justices of the peace, and all members of the Northwest Mounted Police force shall be ex officio fire guardians. N. W. T.,-c. 87, s. 10. Powers of l©* Any fire guardian may order any grown-up male fire guardians, persou Under sixty years of age (other than postmasters, railway station agents, members of the medical profession, telegraph operators, conductors, engineers, brakesmen, fire- men or trainmen) residing or then being within ten miles of a prairie fire or within fifteen miles of a bush fire to pro- ceed at once to the locality of such fire and assist in extin- guishing it ; and any person neglecting or refusing with- out lawful excuse to obey any such order shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding $5. N. W. T., c. 87, s. 10. t9C2 INTOXICATING LIQUORS Cap. 15 695 TITLE XI. RESPECTING INTOXICATING LIQUORS. CHAPTER 75. An Ordinance respecting the importation of and traf- fic in intoxicating liquors. 1. No person excepting the holder of a license issued No one to under the provisions of the Liquor License Ordinance and ™port liquor except as otherwise provided herein shall import or bring provujed into the Yukon Territory any intoxicating liquor or intoxi- cant. No. 1 of 1902, s. 1. 2. Before any person imports or brings into said Terri- importers of tory any intoxicating liquor or intoxicant he shall make fir's''t°obtaYn' application in writing to the Commissioner of the Yukon permit. Territory for permission to do so. Such application shall specify the number of gallons and the description of the liquor to be imported. No. 7 of 1901, s. 2. 9. The following fees shall be paid by the person import- Fees. ing any intoxicating liquor or intoxicant into the Territory under such special permission : Still wines, ale, porter, table beer and lager beer, per gallon $ 50 All other intoxicating liquors, per gallon. ... 2 00 Provided, that said fees may be reduced by the Commis- Fees may sioner if he considors it necessary to do so in order to regu- ^^ reduced. late the traffic in intoxicating liquors. No. 7 of 1902, s. 3. 4. The Commissioner may thereupon issue to such appli- Permit to be cant a special permission in writing to import or bring into o^'^^-'g^joner the Territory such intoxicating liquor or intoxicant. No. 1 of 1902, s. 4. 5» .The Commissioner may appoint, prescribe the duties commissioner and fix the salary of a Chief Preventive Officer, and such ^^y^^PP™"* other officers and assistants as he considers necessary for the purpose of enforcing the provisions of this Ordinance. No. 1 of 1902, s. 5. 38i— Y. o. 596 Cap. 15 CONSOLIDATED ORDINANCES 0.0. Penalty for importing without permit. 6- Any person importing or bringing into the Yukon Territory any intoxicating liquor or intoxicant without the special permission in writing of the Oommissioner shall be guilty of an offence and on summary conviction thereof be liable to a penalty not exceeding $500.00 with costs, and in default of payment thereof to imprisonment for a term not exceeding six months, with or without hard labour, and such intoxicating liquor or intoxicant so imported or brought into the Territory shall be forfeited to His Majesty, to be dealt with as may be determined bv the Oommissioner. No. 1 of 1902, s. 6. Licensee not to sell except under provisions of license. 7. No licensee under the Liquor License Ordinance who imports or brings into the Territory any intoxicating liquor or intoxicant by the special permission in writing of the Oommissioner shall sell the same in any other manner than that provided for by. the license issued to him under said Ordinance. No. 1 of 1902, s. "7. Penalty for 8. Any infringement of the next preceding section shall otherwhe"™^ subject the offender on summary conviction to a penalty not exceeding $500.00 with costs, and in default of payment thereof to imprifonment for a term not exceeding three months, and he may be refused any further permission to import or bring liquor into the Territory. No. 1 of 1902, s. 8. Permit may be granted any one. t>. The Oommissioner may grant to any person permis- sion to import or bring into the Territory any intoxicating liquor or intoxicant for his own use upon payment of the fees required by section 3 of this Ordinance. No. *1 of 1902, s. 9. Powers of officers. lO. The Chief Preventive Officer and his assistants shall for the purposes of preventing or detecting the violation of any of the provisions of this Ordinance, at any time have the right to enter into or upon any train, boat, vessel, scow, warehouse, shop or other building, arid to make searches in every part thereof and of the premises connected therewith. No. 7 of 1902, s. 10. Penalty for refusing to admit officers. 11. Every person being therein or having charge thereof who refuses or fails to admit such Chief Preventive Officer or assistant, or who obstructs or attempts to obstruct the entry of such Chief Preventive Officer or assistant, or any such searches as aforesaid, shall be guilty of an offence, and on summary conviction thereof be liable to a fine not ex- ceeding $500.00 and costs, and in default of payment forth- with after conviction, to imprisonment for a term not ex- ceeding three months. No. 1 of 1902, s. 11. 1902 INTOXICATING LIQUORS Cap. IQ 597 CHAPTER 76. An Ordinance respecting- intoxicating liquors. 1. This Ordinance may be cited as " The Liquor License short title. Ordinance" No. 8 of 1902, s. 1. INTERPRETATION. 2. In this Ordinance and in the Schedules thereto the interpretation words and expressions following shall, unless such inter- pretation is repugnant to the subject or inconsistent with the context, be construed as follows : 1. " District" means a license district. "District." 2. " Commissioner " means the Commissioner of the " Com- Yukon Territory. miasioner.- 3. " Magistrate " means a justice of the peace or a stipen- "Magistrate." diary magistrate, or police magistrate. - 4. " Town " includes towns incorporated under the Town's " Town," Ordinance and the settlements known as White Horse and Klondike City. 5. "Hotel License" means and includes every license "Hotel granted for the sale by retail of fermented, spirituous or ^i°®"^®" other liquors, which may be consumed on the premises on which the same is sold, whether " hotel " premises or not. J. "Saloon License" means and includes every license "Saioon granted for the sale by retail of fermented, spirituous or I'loense." other liquors for consumption on the premises on which the same is sold, but upon which premises accommodation is not provided for the travelling public. *7. "Licensee" means a person holding a license under "Licensee." this Ordinance. 8. "Person" includes every member of a firm, and the "Person." servant, office-holder, agent of a company or body of per- sons whether incorporated or not under special Ordinance or by Letters Patent under the seal of the Yukon Territory. 9. " Licensed Premises " means the premises in respect of "Licensed which a license under this Ordinance has been granted and Premises." is in force and extends to every room, closet, cellar, yard, stable, outhouses, shed or any other place whatsoever, of, belonging, or in any way appertaining to such house or place. 10. "Liquor" or "liquors" means and comprehends all "Liquor." spirituous and malt liquors and all combinations of liquors and drinkable liquors which are intoxicating 598 Cap. "76 CONSOLIDATED ORDINANCES CO. ' Public bar. "Chief Inspector. " "Sale by retail." "Judge." 11. "Public bar" or "bars" means and includes any room, passage or lobby in any licensed premises into which the public may enter and purchase liquors. 12. " Chief Inspector " means Chief Inspector of Licenses. 13. "Inspector " means Inspector of a district or for the Territory, as the case may be. * 14. " Sale by Retail " means the sale of a quantity not to exceed half a gallon at any one time of ale, beer or porter, or one quart of wine or spirits. 15. " Judge" means a Judge of the Territorial Court. No. 8 of 1902, s. 2. N ot to apply to native Noi auctioneers. Nor N.W M.P. Nor liquor sold under execution. 3. Nothing in this Ordinance shall apply : 1. To the manufacture of native wines from fruit grown and produced in Canada, or the bale of such wine in quan- tities of not less than one gallon or not less than two bottles of three half pints each at one time at the place of manufac- ture. 2. To any person who holds a license as auctioneer, sell- ing liquor at public auction. Provided that the liquor being sold forms part of an insolvent debtor's estate, and is named in the inventory thereof offered for sale under in- structions from the creditor or creditors of such estate or his or their heirs, assignee, agent or trustee, and that the stock of such liquors is not broken for the purposes of such sale, and is not removed from the place in which such liquors were originally exposed under license. 3. To the sale of beer in any canteen of the Northwest Mounted Police and the permanent military force estab- lished under proper authority ; such sale to be restricted to members of the Northwest Mounted Police and the per- manent military force. 4. To the sale oi any liquor by virtue of an execution or any other judicial process. No. 8 of 1902, s. 3. LICENSE DISTRICTS. License districts. 4. The Commissioner may establish districts for the pur- poses of this Ordinance, to be called license districts, and may from time to time alter and re-define the same ; until the establishment of such districts the Yukon Territory shall form one license district. No, 8 of 1902, s. 4. LICENSE COMMISSIONERS. Board of license commissiouere 5. The Commissioner may appoint a Board of License Commissioners consisting of three persons for each license district, who shall hold oflB.ce until the thirty-first day of December in each year, subject, however, to removal at any time before that date at the pleasure of the Commissioner, 1 902 INTOXICATING LIQUORS Cap. 16 599 but may be reappointed, and sucb License Commissioners shall be paid such salaries and travelling and other expenses as are fixed by the Commissioner, and each of said Boards may elect one of their number to act as chairman and one to act as Secretary : (2.) Every License Commissioner shall forthwith after his License appointment and before performing any duties of his office, toTake oaST take and subscribe the following oath or affirmation : I (name in full) do hereby solemnly swear (or affirm) that Oath. I will faithfully perform my duty as a License Commissioner for the license district number So help me G-od. Sworn (or affirmed) before me at , in the Yukon Territory, this day of , A.D. 19 . A Commissioner, etc. (In case of an affirmation the words " So help me G-od " shall be omitted.) (3.) The said oath or affirmation shall be forthwith returned Oath to be by the License Commissioner to the Chief Inspector. Every j™' to Chief license shall be issued upon the recommendation of the License Commissioners except as hereinafter provided. No. 8 of 1902, s. 5. 6. The License Commissioners shall sit during the month License of June in each year at such place and upon such date as to^™|^^ j"*"^^ is arranged and notified to them by the Chief Inspec- tor, to receive and dispose of applications for licenses. No. 8 of 1902, s. 6. 7. At such meeting the License Commissioners may Meeting may adjourn the hearing of any application to any other place *'^J™™- and time, if they see fit. (2.) The License Commissioners may be called together at other any time by the Chief Inspector and they may meet at any ™e^o&™^'' time of their own motion. (3.) If from any cause a majority of the License Commis- ^ quorum not sioners fail to be present on the day fixed for the meeting, ,n™|ti£g may or at any adjournment of a meeting, the said meeting or adjourn. adjourned meeting shall stand adjourned from day to day until a majority shall be present to hold such meeting. No. 8 of 1902, s. 1. LICENSE INSPECTORS. 8. The Commissioner may appoint, prescribe the duties Commissioner and fix the salary of a Chief Inspector for the Territory, who '» ^^ ^^i^"«^- shall hold office during pleasure, and shall give such security for the due performance of his duties as is prescribed by the Commissioner. No. 8 of 1902, s. 8. ». The Commissioner may appoint one or more inspectors Commissioner for any license district or for the Territory, and fix their ■^tpectors'. 600 Cap. 76 CONSOLIDATED OBDINANCES 0.0. salaries or fees and prescribe their duties. No. 8 of 1902, s. 9. Dutiea of chief inspector. To keep register. To keep a record of applications. To transmit extracts to clerk of court. To report montnly to commissioner, lO. The Ohief Inspector shall : 1. Keep a register to be called " The Eegister of Licenses," containing the particulars of all licenses granted in the dis- trict, and the premises in respect of which they are granted. There shall also be entered on the register all forfeitures of licenses, disqualifications of licensees, records of convictions and other matters relating to the licenses then on the regis- ter. 2. Keep a record of all applications made to him showing the names of the applicants, the nature of the applications, the premises in respect of which the •applications are made, the date on which the applications were heard and the manner in which same were disposed of, including incases of refusal the cause or causes thereof. 3. On request, forthwith transmit extracts from any such register, of licenses or record of applications to the clerk of the Territorial Court. 4. Report monthly on the last day of each month to the Commissioner of the Yukon Territory, and this report shall contain > (a.) A statement of the number and description of licenses and the names of applicants to whom licenses were granted during the year. (b.) The names of the applicants to whom licenses were not granted. (c.) Any other statement required to be entered in the register of licenses. {d.) The prosecutions for infraction of this Ordinance and the result of the same. (e.) G-eneral remarks as to the working of the law within the Territory ; and also, (/) Any other remarks asked for by the Commissioner. No. 8 of 1902, s. 10. Inspectors to 11. It shall be the duty of every Inspector when di- mf°Sons rected by the Ohief Inspector to visit and inspect every of law. licensed place within the district and to report forthwith to him every case of infraction of the provisions of this Or- dinance ; and every Inspector shall at once and in confor- mity with the provisions herein contained prosecute any person so oflFending and shall suffer no unnecessary delay to intervene between his obtaining the information and the prosecution. No. 8 of 1902, s. 11. Inspector 12. In case any person gives to the Inspector information information in J^^^^^y'^S ^^® prosecutiou of any persou for offenses against his own name, this Ordinance, it shall be the duty of the Inspector to lay the information in his own name and prosecute. Ifo. 8 of 1902, s. 12. 1902 INTOXICATING LIQUORS Cap. 16 601 LICENSES. 13. Licenses shall be either : Kinds of 1. Wholesale, ''<=^"'<*- 2. Hotel, 3. Saloon, or 4. Steamboat (permitting the sale of liquor while under way). No. « of 1902, s. 13. 14. Under a wholesale license the licensee may sell and Wholesale dispose of liquors in the warehouse, store, shop or place '^'^®"^®- defined in the license in quantities of not less than one half- gall, n in each cask or vessel and in case of such selling by wholesale as in respect to bottled ale, beer, porter, wine or Not to sell other fermented or spirituous liquors, each such sale shall ggrtairT" be in quantities not less than one reputed quart bottle or quantities. two reputed pint bottles, and liquOrs thus sold shall not be consumed within or upon the warehouse aird premises in respect of which the license is granted : Provided, that in case of any conviction against a whole- Proviso. sale licensee for allowing liquors to be consumed in or upon such warehouse or premises, such licensee shall absolutely forfeit his license or licenses and no new license shall thereafter be granted to such licensee in the license district in which such licensed premises are situate. No. 8 of 1902, s. 14. 15. Under any other license the licensee may sell and ah other dispose of liquor by retail on the licensed premises, and Jjfay sell said liquors so sold may be consumed thereon. No. 8 of at retail. 1902, s. 15. 16. No saloon license shall be granted except in the City No saloon of Dawson. No. 8 of 1902, s. 16. ex™ng in Dawson. 17. Every license shall be issued under the authority of Licenses to be the License Commissioners and shall be signed by the Chief ^^"^0^1™*^^" Inspector and shall be in form C in the schedule to this of license Ordinance. No. 8 of 1902, s. 17. commissioners 18. Licenses may be issued in the name of a copartner- Licenses may ship when two or more persons are carrying on business name rf*^ ^" in the same place, but a separate license shall be required copartnership. in every separate place of business of such firm. (2 ) A license granted to any firm or partnership shall Partnership without any formality enure to the benefit of the remaining ^^^^l\l° partner or partners in the event of the withdrawal or benefit of removal of any of them by dissolution or any other deter- p^Xer."^ mination of the partnership. No. 8 of 1902, s. 18. 19. 4ny incorporated company may become a licensee or Company may licensees in any district under the provisions of this Ordin- ^^ licensee. 602 Cap. 76 CONSOLIDATED OBDINANOES CO. ance and in such cases all acts required under the provisions of this Ordinance to be done by any person as licensee whether prior to or after the granting of a license may be done in the name of the company by the officer or agent of the said company in charge of the particular premises for which the license is to be or shall have been granted. No. 8 of 1902, s. 19. Chief 20. The Chief Inspector may by the direction of the issurapeciaf' Commissioner issue special licenses authorizing the sale of licenses. , wiue, beer and ale, but not spirits, at special places, under special circumstances, and for any period not exceeding six days, to any society, incorporated or unincorporated, turf club or racing association, and on a payment of a fee of not less than $10.00 per day, and under such terms as the Commissioner orders ; provided that in all other respects , the persons so obtaining such special licenses shall be subject to the provisions of this Ordinance. No. 8 of 1902, s. 20. Fees. 21. Every person to whom a license to sell intoxicating liquor is hereafter granted, shall, before receiving such license, be required to pay as a fee for such license the following amounts, that is to say : A. — Per Annum. For wholesale license .., $1,000.00 For hotel in Dawson 100.00 For hotel in Klondike City, White Horse or Bonanza 500.00 For hotel at any other point in the Yukon Territory ,. 250.00 For saloon in Dawson 1,000.00 B — For Season. For steamboats 250.00 Such fee shall in every case be in addition to the fee of ' "1.00 payable with every application as hereinafter men- tioned. (2.) Provided always that the Commissioner may at any time at any point or locality in the Yukon Territory where the public interest may require further or better hotel accommodation increase or reduce the amount payable for licenses set forth in this section. No. 8 of 1902, s. 21. Licenses to 22. Every license shall expire on the 14th day of July jX™''^**'' at midnight succeeding the date of the issue of same. No. 8 of 1902, s. 22. 1902 INTOXICATIJS'G LIQUOBS Cap. 16 603 ACCOM MODATIONS. 23. Every hotel authorized to be licensed under the Hotel accom- provisions of this Ordinance shall contain, and during the "'°'^'''^°"- continuance of the license shall continue to contain, in addition to what may be needed for the use of the familv and servant or servants of the hotel keeper, in cities and towns not less than ten separate bedrooms,' with suitable partitions, and in other places not less than five separate bedrooms, together with, in every case a suitable comple- ment of bedding and furniture, and (except in cities and towns) there shall also be attached to the said hotel, a proper log or frame stable for at least six horses, besides the hotel keeper's own. (2.) Every licensed hotel shall have a public sitting room To leave and a dining room separate and distinct from the bar room separate _ (3.) Every licensed hotel shall be shown to the satisfac- S roots. tion of the inspector to be well appointed with sufficient To serve appliances for serving meals daily to travellers. • ™®*'^- (4.) Every licensed hotel shall be provided with a suit- To have privy. able privy, which shall at all times be kept properly cleaned and ventilated. No. 8 of 1902, s. 23. •24. Every hotel keeper whose license is granted in to supply respect of the premises to be provided with stabling, shall stabling, at all times keep upon his licensed premises a sufficient supply of hay, oats and other provender. No. 8 of 1902, s. 24. 25. A saloon must be a good, substantial building, with Saloon acoom- well appointed bar and ample furniture for the comfort of ""oda'ion. the customers, with a suitable privy and urinal, which shall at all times be clean, and there shall be no opening between the premises described in the license and any other premises. No. 8 of 1902, s. 25. APPLICATION FOR LICENSES. 26. Every application for a license shall be by petition Application to in form A in the schedule hereto, accompanied by an chiSinspeotor affidavit in form B in the said schedule, and shall be sent to the Chief Inspector along with the sum of $50.00, so that it may reach him on or before the first day of June, and he shall give to the applicant a receipt for said sum. No. 8 of 1902, s. 26. 27. On every application for a license the Chief Inspec- cwef tor or an inspector shall report in writing to the License j^ake^repoH Commissioners, and such report shall contain : giving 1. A description of the furniture and premises ; 604 Cap. 76 CONSOLIDATED ORDINANCES 0.0. How house haa been previously oonduoted. Distance from other licensed premises. Character of applicant. Whether premises required for public purpose. Whether applicant owner of business. 2. If the application be by a person who holds a license for the same premises during the preceding year, a state- ment as to the manner in which the same has been con- ducted during the existence of the previous license ; 3. A statement of the number, position and distance from the premises in respect of which a license is applied for of the licensed premises in the neighborhood ; 4. A statement whether the applicant is a fit and proper person to have a license and is known to be of good cha- racter and repute ; 5. A statement whether the premises sought to be licensed are or are not, in his opinion, required for public convenience ; 6. A statement whether the applicant is or is not the true owner of the business proposed to be licensed. No. 8 of 1902, s. 21. Com- 28. The report of the Chief Inspector or an inspector exercise^th h' ^^^^^ ^e for the information of the License Commissioners, own discretion who shall, nevertheless, excrcise their own discretion on Uofnses.'"^ each application. No. 8 of 1902, s. 28. Application 29. The Chief Inspector shall attach all the pjipers be produreVto ^^^^ating to cach application together, and produce them at commissioners the uext meeting of the License Commissioners, or transmit them together with a statement showing all convictions under this Ordinance against any applicant to the inspector of the district, who shall produce them at the meeting of the License Commissioners ; (2 ) All papers connected with applications while in the hands either of the Chief Inspector or inspector shall be open to the inspection of the public. No. 8 of 1902, s. 29 Papers to be open to public. Com- missioners to send cei tificat" to inspector. Inspector to notify successful applicant to pay fee. *$0. After the meeting of the License Commissioners the inspector shall return the said papers to the Chief Inspector with a certificate signed by at least a majority of the License Commissioners, showing whether the license is recommended or not, and if not recommended, stating the reasons. No 8 of 1902, s 30. 31. Upon receipt of the papers and certificate the Chief Inspector shall notify each successful applicant that he is required to send to the Territorial Treasurer on or before the 30th day of June the amount of the license fee ; (2.) Upon receipt of the said moneys and certificate the Treasurer shall sign a receipt in duplicate for the same, one of which he shall transmit to the applicant and the other to the Chief Inspector, who shall thereupon send to such applicant a license in form C in the schedule hereto. No. 8 of 1902, s. 31. 1902 INTOXICATING LIQUORS Cap. 76 605 32« Any person desiring to obtain a license at any other Procedure on time than as above provided may send to the Chief Inspec- HolnsTat'any'' tor his application and $50.00 as above provided. The Chief other time. Inspector shall calculate the amount of the license fee and the expense of calling the License Commissioners together, and shall notify the applicant that his application will not be considered until the amount so estimated has been re- ceived by him ; upon receipt of such amount the Chief Inspector shall arrange for the inspection of the premises and the calling together of the License Commissioners at as early a date as possible to deal with the application. Provided, that in case more than one application is made at the same time to the same License Commissioners, the expense shall be divided pro rata among the applicants, but ' no license shall be granted to any person under the provi- sions of this section whose application for a license under section 26 of this Ordinance has been rejected. No. 8 of 1901, s. 32. 33. All application fees shall on receipt be paid into the Fees to go general revenue fund. to general (2.) The amount estimatedby the Chief Inspector for call- ™''™"'' ing the License Commissioners together shall be retained by him until the actual expenses incurred are ascertained, when the amount of such actual expenses shall be paid into the general revenue fund, and the balance, if any, shall be refunded to the applicant. No. 8 of 1902, s. 33. DUTIES OF LICENSE COMMISSIONERS. 34. Every application for a license shall be heard and de- Applications termined by the License Commissioners in a summary ht^d? ^ manner. (2.) Every such hearing of an application shall be open Hearing to to the public, and every applicant for a license shall attend to pubUc. personally at such hearing unless excused from attendance by the License Commissioners, and the License Commis- sioners may summon and examine on oath such witnesses as they think necessary, and as nearly as may be in the manner directed by any Act now or hereafter in force relating to the duties of Justices of the Peace in relation to summary convictions and orders, and any License Commis- sioner may administer such oath. (3.) Every such hearing may, at the discretion of the Adjournment. License Commissioners, be adjourned from time to time. (4.) At all hearings under this Ordinance the License Com- Commissioners shall have the same powers as justices of {^"^^^'°^^^^*° the peace. of J. p.'s (5.) No objection from the Chief Inspector or inspector inspectors shall be entertained unless the nature of the objection shall ^Jl^^^^ "^^ have been stated in the report furnished to the License in report. Commissioners. 606 Cap. 76 CONSOLIDATED ORDINANCES CO. Com- miasioneis may take notice of any objections. Certain applications may be granted ■ without report Decision to be final. (6 ) Notwithstanding anything in this Ordinance con- tained, the License Commissioners may of their own mo- tion, take notice of any matter or thing which, in their opinion, would be an objection to the granting of a license. In any such case the License Commissioners shall notify the applicant and shall adjourn the hearing of the applica- tion, if requested by him, for a period not exceeding fourteen days and not less than seven days, or any time with the consent of the applicant, in order that any per- son affected by the objection may have an opportunity of answering the same. (T.) Where the applicant for a hotel license resides in a remote part of the district, or when, for any other reasons, the License Commissioners see fit, they may dispense with the report of the inspector and act upon such information as satisfy them in the premises. No. 8 of 1902, s. 34. 35. The decision of the License Commissioners when once announced by the chairman shall be final. No. 8 of 1902, s. 35. If application refused not to apply within one year. 36. If any applicant for a licens^ has at any time been refused a license on the ground that he is not a fit person to hold a license, no application by such applicant shall be entertained by the License Commissioners within a period of one year from such refusal. No. 8 of 1902, s. 86. License not to be void by death, etc. Report to be made in case of transfer. If licensee ejected transfer may TRANSFER OP LICENSE. 37. A license under the provisions of this Ordinance shall not become void by : 1. The death of the licensee ; 2. Or a transfer of the licensee's business to some other person by operation of law. Unless in case of the licensee's death his legal representatives, or their assigns, or in the case of the licensee's transfer as above stated, his assignees fail within two months from such death or transfer to ob- tain the written consent of the Chief Inspector for the con- tinuance of the biisiness or the transfer of the license in the house or place in which the same issued, and subject to the duties and obligations of the licensee named in the said license for the residue of the term named therein, otherwise the same shall become void. No. 8 of 1902, s. 37. 38. In every case of a transfer of an hotel or saloon license, the person in whose favour any such transfer is to be made shall send to the License Commissioners a report of an inspector similar to that mentioned in section 21 of this Ordinance. No. 8 of 1902, s. 38. 39. When a licensee has been legally ejected from any licensed premises, the License Commissioners may, not- 1902 INTOXICATING LIQUOES Cap. 16 60*7 withstanding the non-production of the license, on the be made application in writing of the owner of the premises and the production proposed new tenant, if they cannot produce the license, "f Hoenise. erant a special license to such new tenant in such form as they think applicable. Provided always, that the License Commissioners shall be satisfied that actual value has be en received from the said owner by the said licensee. No. 8 of 1902, s. 39. 40. The License Commissioners may by order, authorize Com- any person they think fit, entitled to the benefit of any ™ay'autBorize license, to carry on the business in the licensed premises for any person to the remainder of the term for which the license was grant- bSe°ss ed, in the same manner as if such license had been form- ally transferred to such person ; provided, proof of value received be given as provided in the next preceding section, in the following cases : 1. Whenever any person to whom a license has been granted deserts the licensed premises or refuses or neglects to transfer the license when justly required to do so ; or, 2. If, during the currency of any such license, the holder thereof ceases to occupy the premises in respect whereof the license is held, or his tenancy of such premises is determined by eifluxion of time, or by notice to quit or by any other process whatsoever. No. 8 of 1902, s. 40. 41. Where any licensed person is convicted of any offence jf uoensee and in consequence either becomes personally disqualified ^™^^<;'^<^ °* or has his license forfeited, the License Commissioners, up- commissioners on application by or on behalf of the owner of the premises j'?,^^^'™"'^^'' or his lessee, other than the licensee, in respect of which the license was granted (where the owner is not the occupier), and upon being satisfied that such owner or his lessee, as above stated, was not privy to nor a consenting party to the act of the tenant and that he has legal power to eject the tenant of such premises, may by order authorize an agent to carry on the business specified in the license relat- ing to such premises until the end of the period for which such license was granted, in the same manner as if such Hcense had been formally transferred to such agent. Provided always, such owner or his lessee, as aforesaid, shall pay as fee for the balance of the term of the license unexpired a proportionate amount of the amount required for one year. No. 8 of 1902, s. 41. 42. In case of the marriage of any woman being a in case of licensee, the license held by her shall confer on her hus- JP^-^^^f °' band the same privileges, and shall impose on him the same husband to duties, obligations and liabilities as if such license had been l^l\^^l granted to him originally. Provided, that the Chief Inspector on application of the husband of any such licensee, if satisfied that no objection 608 Cap. 76 consolidated ordinances C. 0. can be made to the character of the husband, and that he has not forfeited a license within the next preceding three years, may confirm to him his wife's license for the remain- der of the term of the duration thereof, of which confirma- tion a certificate signed by the Chief Inspector shall be con- clusive evidence. No. 8 of 1902, s. 42. REMOVAL of LICENSES. Permission ^ 43. ^he Chief Inspector after order allowing the same toTenfove'^" by the License Commissioners, may indorse on any hotel liceiise. qj. galoon license permission to the holder thereof to remoA^e from the house in which his said license applies to another house, to be described in the indorsement to be made by the said Chief Inspector on the said license. Provided always, that the house to which the licensee proposes to remove has all the accommodations required by law, and subject to the requirements in the case of an original application for the same kind of license. No. 8 of 1902, s. 43. Permission to 44. Such permission, when the approval of the said be endorsed Chief Inspector is indorsed on said license, shall authorize the holder of the said license to sell liquors in the house mentioned in the indorsement during the unexpired portion of the term for which the said license was granted, in the same manner and upon the same terms and conditions as he might do in the premises to which the license originally applied ; but such permission shall not entitle him to sell at any other than such one place. No. 8 of 1902, s. 44. Applications 45. In all cascs providing for a transfer, removal or for transfer, change in a license, application shall be made in the same etc. of licenses 6 .' . ^K t ,■ 0. Several charges of contraA'^ention of this Ordinance committed by the same person may be included in one and the same information or complaint. Provided that such information and complaint and the summons issued thereon contains specifically the time and place of each contraven- tion. No. 8 of 1902, s. 89. What information to contain. Defendant to prove license. Licensee to produce license on trial 91. In describing the offences respecting the sale or other disposal of liquor or the keeping or the consumption of liquor in any information, summons or conviction, warrant or proceedings under this Ordinance, it shall be sufficient to state the sale, disposal, keeping or consumption of liquor simply, without stating the name or kind of such liquor or the price thereof, or the name of any person to whom it was sold or disposed, or by whom it was consumed, and it shall not be necessary to state the quantity of liquor so sold or disposed of or consumed except in the case of offences where the quantity is essential, and then it shall be suffi- cient to allege the sale or disposal of more or less than such quantity, as the case requires. No. 8 of 1902, s. 90. 92. In any prosecution under this Ordinance whenever it appears that the defendant has done any act, or been guilty of any omission in respect to which, if he was not duly licensed he would be liable to some penalty under this Or- dinance, it shall be incumbent upon the defendant to prove that he is duly licensed and that he did the said act lawfully. No. 8 of 1902, s. 91. 93. "When any licensee is charged with any offence against this Ordinance the Magistrate before whom the charge is laid shall require such licensee to produce and deliver to him the license under which he carries on business, and the summons shall'state that such production will be required. No. 8 of 1902, s. 92. 1902 INTOXICATING LIQUORS Cap. 76 619 94. If such licensee is convicted, the following provisions Procedure on shall have effect: See"""' 1. The Magistrate shall cause short particulars of such conviction and the penalty imposed to be indorsed on the license before it is returned to the licensee. 2. Where the conviction has the effect of causing the forfeiture of the license, or of disqualifying the licensee, for the purposes of this Ordinance, the license shall be retained by the Magistrate and notice of such forfeiture or disquali- fication shall be sent to the Chief Inspector ; 3. The Magistrate shall send forthwith to the Chief Inspector a certificate of such conviction ; 4. The Chief Inspector shall enter the particulars respect- ing such conviction, or such of them as the case requires, in the register of licenses kept by him under this Ordinance. No. 8 of 1902, s. 93. 95. In all cases of prosecution for any offence against ^q appeal any of the provisions of this Ordinance for which any penalty '^rovided^^'^^ or punishment is prescribed, the conviction or order of the Magistrate shall, except as is in this Ordinance otherwise provided, be final and conclusive, and except as is in this Ordinance otherwise provided, there shall be no appeal against such conviction or order to any court. No. 8 of 1902, s. 94. 96. For the additional duties imposed by section 93 of Tees to this Ordinance the Magistrate shall be entitled to charge as magistrate. costs in the proceedings the following sums : 1. For making up and forwarding certificate of conviction to the Chief Inspector, the sum of $2.50. 2. For recording the forfeiture of license, the sum of $2.50. No. 8 of 1902, s. 95. 97. In any prosecution or proceeding under this Ordi- No costs to nance no costs shall be allowed against any License Inspector a^alnsT^ unless the Court or Judge before whom the proceedings ^^^^^^^^^ are taken by appeal or otherwise, is of the opinion and ^^^^ °''^" certifies that there was no reasonable or probable cause for instituting the original proceedings. No. 8 of 1902, s. 96. 98. The forms set forth in the schedule of forms to this F°™^- Ordinance, or any form to the like effect, shall be sufiicient in the cases thereby respectively provided for, and when no forms are provided by the said Schedule they may be framed in accordance with part LYIII of the Criminal Code, 1892. No. 8 of 1902, s. 97. PROCEDURE IN CASES WHERE PREVIOUS CONVKiTION IS CHARGED. 99. The proceedings upon information for an offence procedure against any of the provisions of this Ordinance, in the case "^^^^^^ where a previous conviction is charged, shall be as follows : conviction. Cap. ^6 CONSOLIDATED ORDINANCES C. 0. 1. The Magistrate shall in the first instance inquire con- cerning such subsequent offence, and if the accused is found guilty thereof, he shall then, and not before, be asked whe- ther he was so previously convicted as alleged in the in- formation, and if he answers that he was so previously convicted, he shall be sentenced accordingly ; but if he denies that he was so previously convicted, or does not answer such question, the Magistrate shall then inquire concerning such previous conviction or convictions ; 2. Such previous conviction may be T^roved prima Jacie by the production, of the license with such conviction in- dorsed thereon, or of a certificate purporting to be under the hand of the convicting Magistrate or the Clerk of the Court to whose ofiice the conviction has been returned, without proof of signature or official character ; 3. In the event of any conviction for any second or sub- sequent offence becoming void or defective after the making thereof, by reason of any previous conviction being set aside, quashed or otherwise rendered void, the Magistrate by whom such second or subsequent conviction was made shall sum- mons the person convicted to appear at a time and place to be named, and shall thereupon, upon proof of due service of summons, if such person fails to appear, or on his appear- ance, amend such second or subsequent conviction and adjudge such penalty or punishment as might have been adjudged had such previous conviction never existed, and such amended conviction shall thereupon be held valid to all intents and purposes as if it had been made in the first instance. No. 8 of 1902, s. 98. Convictions for several offences on same day. lOO. Convictions for several offences may be made under this Ordinance, although such offences may have been com- mitted on the same day ; but the increased penalty or punishment hereinbefore imposed shall only be incurred or awarded in the case of ofiences committed on diff'arent days and after the information laid for a first offence. No. 8 of 1902, s. 99. EVIDENCE. Inspectors certificate to be proof of license. lOl. In any prosecution or proceeding under this Ordi- nance, in which proof is required respecting any license, a certificate purporting to be under the hand of the Chief Inspector shall be prima facie proof of the existence of such license and of the identity of the person to whom the license was granted or transferred, or against whom the order was made ; and the production of such certificate shall be prima facie evidence of the facts therein stated and of the authority of the Chief Inspector, without any proof of his appointment or signature. No. 8 of 1902, s. 100. 1902 INTOXICATING LIQUORS Cap. 16 621 loa. Any regulation made by the Board of Licence Com- Regulations to missionets or Chief Inspector shall be sufficiently authen- license^ ^ ticated by being signed by them or him, and a copy of such commissioners regulation written or printed, and certified to be a true copy, shall be deemed authentic, and be received as prima facie evidence in any court of justice without proof of the signature or signatures, unless it is specially pleaded or alleged that the signature or signatures to any such original resolution have been forged, and evidence of such forgery has been adduced by the person accused, sufficient, in the opinion of the Courts to make the proving of the signature or signatures advisable. No. 8 of 1902, s. 101. 103. Any house, shop, room or other place in which it Bar, etc, to is proved that there exists a bar, counter, beer pumps, kegs, ^^ evidence jars, decanters, tumblers, glasses or other appliances or pre- liquor. parations similar to those usully found in hotels and saloons where Jiquors are accustomed to be sold or trafficked in, shall be deemed to be a place in which liquors are kept or had for the purpose of being sold, bartered or traded in, in contravention of section 55 of this Ordinance, unless the contrary is proved by the defendant in any prosecution ; and the occupant of such house, shop, room or other place shall be taken to be the person who has or keeps therein such liquors for sale, traffic or barter. No. 8 of 1902, s. 102. 104. In proving the sale of liquor for the purpose of To prove sale any proceeding relative to any offence under this Ordin- ^°\how^^Ii ance, it , shall not be necessary to show that any money money paid. actually passed, or any liquor was actually consumed, if the Magistrate hearing the case is satisfied that a trans- action in the nature of a sale actually took place, or that consumption of liquor was about to take place and proof of consumption or intended consumption of liquor on the premises, in respect to which a license is required under this Ordinance by some person other than the occupier of the premises, shall be evidence that such liquor was sold to the person consuming or being about to consume, or carrying away the same, as against the occupant of the said premises. No. 8 of 1902, s. 103. 105. The occupant of any house, shop, room or other. Occupant of place in which any sale, barter or traffic of liquors or any ^"^^l^^s^^ matter, act or thing, in contravention of any of the provi- place liable. sions of this Ordinance, has taken place, shall be person- ally liable to the penalty prescribed in section 5Y of this Ordinance, notwithstanding such sale, barter or traffic be made by some other person, who cannot be proved to have so acted under or by the directions of such occupant ; and proof of the fact of such sale, barter or traffic, or any act, matter or thing, by such person in the employ of such 622 Cap. 16 CONSOLIDATED OEDINANCES 0. O. occupant, or wlio is suffered to remain in or upon the premises of such occupant, or to act in any way for such occupant, shall be conclusive evidence that such sale, barter or traffic or other act, matter or thing took place with the authority and by the directions of the occupant. No. 8 of 1902, s. 104. Kind of liquor 106. In any prosecutiou under this Ordinance for the need not be ^^^^ ^j. ^^j^gj, disposal of liquoT without the license required ^™''^ • by law, it shall not be necessary that any witnesses shall depose directly to the precise description of the liquor sold or bartered, or the precise consideration therefor. No. 8 of 1902, s. 105. Sipi to be 107. The fact of the person not being a licensee keeping orslar^ up a sign, writing, painting or other mark, in or near to of liquor. his house or premises, or having such house fitted up with a bar or other place containing bottles or casks displayed so as to induce a reasonable belief that such house or prem- ises is or are licensed for the sale of any liquor, or that liquor is sold or served therein, or that there is on such premises more liquor than is reasonably required for the persons residing therein, shall be deemed prima facie evidence of the unlawful sale of liquor by such person. No. 8 of 1902, s. 106. WITNESSES. Magistrate lOS. In any prosecution under this Ordinance the Ma- attendant of gistrate trying the case may summon any person he deems witnesses. to be a material witness in relation thereto ; (2.) If any person so summoned refuses or neglects to attend pursuant to such summons the Magistrate, at any time within six months after such refusal or neglect, and notwithstanding the said case has been determined, may issue a warrant for the arrest of such person for such refusal or neglect, or may instead of a warrant issue a summons to such person to attend at a time and place named in such summons to answer for such refusal or neglect, and when such person is brought before such Magistrate, or appears on said summons, the Magistrate may then and there inquire into the reasons for such refusal or neglect to so attend, and if the same do not, in his opinion, afford a good and sufficient excuse therefor, may impose on such person a penalty not exceeding fifty dollars and costs ; and in default of payment forthwith to imprisonment for a period not exceeding one month. (3.) If any person upon being required by the Magistrate refuses to be sworn, or to affirm, or to answer to any ques- tion touching the case, he may be committed to the com- mon jail, or to a lockup, there to remain until he consents 1902 iNToxiCATiNa LiQUOKS Cap. Tt) 623 to be sworn, or to affirm, or to answer, and this, notwitk- standing a penalty has been imposed upon him, as in this section previously provided, for refusal or neglect to attend as a witness in the same case. No. 8 of 1902, s. 107. I04>. Any person summoned as a party to, or as a witness witness may in, any proceeding under this Ordinance, may by the sum- to produolf mons be required to produce at the time and place ap- documents, pointed for his attendance, all books and papers, accounts, ^^°' deeds and other documents in his possession, custody or control, relating to any other matter connected with the said proceeding, saving all just exceptions to such produc- tion ; and shall be liable to the same penalties for non-pro- duction of such books, papers, or documents, as he would incur by refusal or neglect to attend pursuant to snch sum- mons, or to be sworn or to answer any question touching the case, No. 8 of 1902, s. 108. 110. Every person, other than the defendant, summoned Witnesses or examined as a witness in any prosecution brought under answer'aii this Ordinance shall be bound to answer all questions put to questions. him which are pertinent to the issues, notwithstanding that his answers may disclose facts tending to subject him to any penalty imposed by this Ordinance ; but such evidence shall not be used against him in any prosecution. No. 8 of 1902, s. 109. 111. In any prosecution under this Ordinance, if any License Chief Inspector, Inspector or other officer attends Court as inspectors prosecutor, it shall be lawful for the Magistrate trying the ^=^p™^®^- case to order the defendant, in case of a conviction, to pay the Chief Inspector, Inspector or other officer his , actual travelling expenses. The foregoing expenses shall be verified by the oath of the Chief Inspector, Inspector or other officer. In case the person convicted does not pay such expenses but is committed to jail in default of payment, the Chief Inspector, Inspector or other officer shall be entitled to be paid the amount out of the general revenue fund. In case of the prosecution by the Chief Inspector, In- spector or other officer when no conviction is procured, upon the written certificate of the Magistrate trying a case that there was reasonable grounds for the prosecution, the Chief Inspector, Inspector, or other officer shall be entitled to be paid the said expenses out of the general revenue fund No. 8 of 1902, s. 110. INTERDICTION OF INTEMPERATE PEOPLE. 113. "When complaint has been made to a Magistrate Magistrate that any person by excessive drinking of liquor misspends, ™*'' ""^^ "^' 624 Cap. 76 CONSOLIDATED ORDINANCES 0. 0. habitual drinker. Order to be sent to licensees. wastes or lessens his estate, or greatly injures his health or endangers or interrupts the peace and happiness of his family, the said Magistrate shall institute proceedings tinder part LVIII of the Criminal Code of 1892 against such person, and [on finding the complaint well founded shall by order in form D appended hereto forbid every licensed person in the Territory to sell him liquor for the space of one year. No. 8 of 1902, s. 111. 113. Immediately after granting the order provided for in the next preceding section, the Magistrate making the same shall transmit it, together with the complaint and any evidence taken thereon before him, to the Chief Inspector, who thereupon shall transmit by registered post or deliver a notice in the form E appended hereto, to all licensees whose premises are in the locality where such interdicted person lives : (2.) "Whenever the sale of liquor to any such drunkard shall have been so prohibited, any person with a know- ledge of such prohibition who gives, sells, purchases or procures any liquor to, for or on behalf of such prohibited person or for his or her use, shall be guilty of an offence and upon summary conviction thereof shall be liable for every such offence to a penalty of not more than $100.00 and costs, and in default of payment forthwith after con- viction to imprisonment for a period not exceeding three months, and if a licensee his license shall be forfeited. No. 8 of 1902, s. 112. Who may apply for interdiction. 114. The following persons, viz. : — 1. Any husband or wife, whose wife or husband , has contracted the habit of drinking intoxicating liquors to excess ; 2. The person himself or the father, mother, brother, sister, curator, guardian or employer of any person who has contracted the habit of drinking intoxicating liquors to excess. 3. The manager or person in charge of an asylum or hospital or other charitable institution in which any person who has contracted the habit of drinking intoxicating liquors to excess resides or is kept ; 4. The guardian of any lunatic, or, 5. The father, mother, brother or sister of the husband or wife of any person who has contracted the habit of drinking intoxicating liquors to excess ; may require the Inspector for the district tu give notice in writing in fornL F appended hereto, signed by him, to every licensee in the license district and in any other license district adjacent thereto that he is not to sell or deliver any liquor to the person named. No. 8 of 1902, s. 113. 1902 INTOJilCATING MQUOKS Cap. 76 625 115. In any prosecution or proceedings under this and interdicted the next preceding sections no interdicted person required oompeiied to be examined as a witness shall be excused from being to answer so examined or from answering any question put to him 1"®^'^°"'^- touching the sale or delivery to him of any liquor, on the ground that his evidence will tend to incriminate himself ; and any such person so required to be examined as a witness who refuses to make oath accordingly, or to answer any such question shall be subject to be dealt with in all respects as any person appearing as a witness before any Magistrate or court and refusing without lawful cause or excuse to give evidence may by law be dealt with ; and every person so required to be examined as a witness who upon such examination makes true disclosures to the best of his knowledge of all things as to which he is examined shall receive from the Magistrate before whom such pro- ceedings is had a certificate in writing to that effect, and shall be freed from all prosecutions and from all penalties and punishments to which he has become liable for any- thing done before that time, under the provisions of section 116 of this Ordinance in respect of the matters regarding which he has been examined ; and any prosecution or pro- ceeding pending or brought against such witnesses under the provisions of section 116 hereof in respect of any matter regarding which he has been so examined shall be stayed upon the production and pToof of such certificate if the said certificate states that such witness made a true disclosure in respect to all things as to which he was examined. No. 8 of 1902, s. 114. 116. Any person to whom the sale of liquor has been Penalty for prohibited under this Ordinance, who either directly or ^^ilj^^^i^^^^-^ indirectly in any way procures or permits the sale, disposal, person. gift or delivery to him by any person of any intoxicating liquor shall be liable upon summary conviction thereof to a fine of not more than $50.00, and in default of payment forthwith after conviction to imprisonment for not more than one month ; in any prosecution under this section if intoxication on the part of the defendant is proved, he shall be held to have been guilty of an off"ence, and m any such case it shall not be necessary in any proceedmgs to state the name of the person from whom the liquor has been pro- cured or by whom the sale, disposal, gift or delivery ot liquor has been made. No. 8 of 1902, s. 115. PRICE OF LIQUOR NOT RECOVERABLE IN CERTAIN ACTIONS. IIT. No licensee who sells liquor to any person not Mce ofHquor being a licensee, shall, if such liquor or any part thereof ""^tto^^e^ was to the knowledge of the licensee purchased for the purpose of re-selling, be entitled to recover the price thereof in any court of justice. No. 8 of 1902, s. lib. 40— Y. o. 626 Cap. Y6 CONSOLIDATED ORDINANCES CO. Not to be IIS. No person shall recover or be allowed to set-off or satefes^s'^th'an counter-claim for any charge for liquor in any quantity less one gallon. than one gallon delivered at one and the same time, and all specialties, bills, notes, agreements or accounts stated, given or made, shall be void. It shall not be necessary for any person wishing to take advantage of this section to raise the defence by his pleadings, but advantage may be taken thereof at any stage of the proceedings by way of defence to the action, counter-claim or set-off. No. 8 of 1902, s. llY. Liability for death of person drinking to exce.ss. 119. Whenever in any hotel or saloon or house where intoxicating liquors are sold, whether legally or illegally, any person has drunk to excess of intoxicating liquor of any kind therein furnished to him and while in a state of intoxication from such drinking has come to his death by suicide or drowning, or mischance from cold or other accident occasioned by such intoxication, the person, whether the keeper or employee of such hotel, house or other place who delivered to such person the liquor whereby such intoxication was caused, shall be liable to an action as for personal wrong at the suit of the legal representatives of the deceased person, if such action is brought within three months after such decease, but not otherwise, and in such action may recoA^er such sums, not less than $100.00 nor more than $1,000.00 as may therein be assessed by the court or jury as damages. The keeper of such hotel or other house or place and also any other person or persons who for him, or in his employ, delivered to such person the liquor whereby such intoxication was caused shall be jointly and severally liable to an action as for personal wrong at the suit of the legal representatives of the deceased person, if such action be brought within three months after such decease, but not otherwise, and such legal representa- tives may bring either a joint and several action against them, or a several action against any or either of them, and by such action or actions may recover such sum, not less than $100.00 nor more than |1,000.00, in the aggregate of any such actions, as may therein be assessed as damages ; and in the event of final judgment being recovered against any licensee in any action under this section, the license of such licensee shall thereupon be forfeited and thereafter be null and void. No. 8 of 1902, s. 118. GENERAL. Until 120. Until the Commissioner appoints a Board of License appdnted"'*'^' Commissioners as provided by section 5 of this Ordinance, the Chief Inspector shall have all the powers and perform all the duties of said License Commissioners. No. 8 of 1902, s. 119. License Inspector to act. 1902 INTOXICATING LIQUORS Cap. 76 62'7 SCHEDULE 1. Form A.— Sec. 26. To the Chief License Inspector : The petition of the undersigned humbly showeth : That your petitioner makes applicatjon for (2) license to sell intoxicating liquors in the building occupied by your petitioner at in the Yukon Territory and described (3) Your petitioner hath deposited with the proper officer the sum of fifty dollars ($60), the fee payable for such application, and produces herewith receipt for same. And your petitioner prays that a license may be granted accordingly. (2) (Insert description of license, as hotel, wholesale or saloon.) (3) (Here give full description of premises.) Form B.— Sec. 26. I, applicant for a license to sell intoxicating liquors, make oath and say : That I am of the full age of twenty-one years. That I have never been convicted of any criminal offence subject to imprisonment for five years or upwards. Sworn before me at , in the Yukon Territory, this day of , 190 . A Justice of the peace or a Commissioner, etc. Form C— Sec. 31. Whereas, of , in the Yukon Territory, has made application for a license to sell intoxicating liquors , and it having been made appear to that the said has complied with the pro- visions of the Liquor Licence Ordinance in that behalf, this is to certify that the said hereby licensed as provided by law, to sell intoxicating liquors in manner aforesaid, at said place of business, from the day of 190 , to midnight on the 14th day of July, 190 . Dated at this day of , 190 . Chief License Inspector. 40^— Y. o. 628 Cap. 16 consolidated ordinances 0. O. Form D.— Sec. 112. Canada, Yukon Territory : Be it remembered that on the day of , A.D. 190 , complaint was made before the undersigned, a Justice of the Peace in and for the said Yukon Territory, That (here set out the facts stated in the complaint) and now having duly heard the matter of the said complaint, I do order that during the period of one year from the date hereof no licensee shall sell any liquor to the said A. B. Griven under my hand and seal this day of at the of in said Territory. J.P. Form E.— Sec. 1 13. Dawson, Yukon Territory. A. B., of in the Yukon Territory. Sir : In pursuance of the provisions of Liquor License Or- dinance, respecting the interdiction of intemperate persons you are hereby notified that 0. D., of , in the Yukon Territory, labourer (or as the case may be) is inter- dicted from the use of intoxicating liquors, on order made by G. H., a Justice of the Peace in and for the Yukon Terri- tory, bearing date the day of , and you are required to govern yourself accordingly. You are liable if you give, sell, purchase or procure to, for or on behalf of such prohibited person, or for his (or her) use, any liquor, upon conviction, to a penalty of not more than $100.00 and in default of payrnent to not more than three months' imprisonment,' and if you are a licensee, for- feiture of license. Your obedient servant, E. F., Chief Inspector. Form F.— Sec. 114. notice of interdiction. Take notice that under the provisions of the Liquor License Ordinance respecting the interdiction of intemperate persons, I have been required by (here state the name and authority of person who has requested notice to be given) to notify you that you are not to directly or indirectly sell, give or deliver, or suiFer to be sold, given or delivered to (here insert name and description of person) any intoxicating 1902 INTOXICATING LIQUORS Cap. 16 629 liquor, under a penalty of $100 and absolute forfeiture of your license. Dated at this day of , A.l). 190 . Chief Inspector. Form G. 1. Neglecting to keep license exposed. That X. Y., having a license for sale by wholesale (or an hotel license) on unlawfully, or wilfully (or negligently) omitted to expose the said license in his ware- house (or in the bar-room of his hotel, as the case may be). 2 Sale without a license. That X. Y., on the day of , in the year of our Lord one thousand nine hundred and , at in the Yukon Territory, unlawfully did sell liquor without the license therefor by law requiried. 3. Keeping liquor without license. That X. Y., on. at unlawfully did keep liquor for the purpose of sale, barter and traffic therein, without the license therefor by law required 4. Sale of liquor on licensed premises during prohibited hours. That X. Y., on at in his premises (or on, or out of, or from his premises) being a place where liquor may be sold, unlawfully did sell (or dispose of) liquor during the time prohibited by the Liquor License Ordinance for the sale of the same, without any requisition for medical purposes as required by the said Ordinance being produced by the vendee or his agent. 5 Allowing liquor to be drunk on licensed premises during prohibition hours. That X. Y., on at in his premises, being a place where liquor may be sold, by retail, unlaw- fully did allow liquor to be drunk in such place during the time prohibited by the Liquor License Ordinance for the sale of the same. 6. Sale of less than one quart under wholesale license. That X. Y., having a wholesale license, on at unlawfully did sell liquor in less quantity than one-half gallon (or one reputed quart bottle, or two reputed pint bottles, as the case may be). 1. Allowing liquor to be comsumed on wholesale prem- ises. That X. Y., having a wholesale license, on at unlawfully did allow liquor sold by him (or in his possession) and for the sale of which a license is required, to be consumed within his premises (or within 630 Cap. 76 consolidated ordinances 0. O. the building of which his premises form part, or within a building which communicates by an entrance with his premises) by a purchaser of such liquor. 8. Keeping a disorderly house. That X. Y., being the keeper of an hotel situate in the town of in the Yukon Territory, on , in his said hotel unlawfully did sanction (or. allow) riotous or disorderly conduct in his said hotel. H. Compromising or compounding a prosecution. That X. Y., having violated a provision of the Liquor License Ordinance, on • at unlawfully did compromise (or compound or settle, or offer, or attempt to compromise, compound or settle) the offence with A. B., with a view of preventing any complaint being made in respect thereof (or with the view of getting rid of, or of stopping, or of having the complaint made in respect thereof dismissed, as the case may be). 10. Being concerned in compromising a prosecution. That X. Y., on at was unlawfully concerned in (or a party to) a compromise (or a composition, or a settlement) of an offence committed by O. P., against a provision of the Liquor License Ordi- nance. 11. Kefusing to admit a policeman. That X. Y,, on at being in (or having charge of) the premises of 0. P., being a place where liquor is sold (or reputed to be sold) unlaw- fully did refuse (or fail) to admit (or did obstruct or attempt to obstruct) E. P., an officer demanding to enter in the execution of his duty, or did obstruct or attempt to obstruct E. P., an officer making searches in the said premises, and in the premises connected with such place. 12. Refusing or failing to supply lodging, meals or accommodation to travellers. That X. Y., being the keeper of an hotel, in respect of which an hotel license was duly issued and is in force, on at unlawfully failed or refused personally (or through some one acting on his behalf) to supply lodgings, meals and accommodation to a traveller, as required by the Liquor License Ordinance. 13. Selling liquor to any one under eighteen years of age. That X. Y., at on unlawfully did sanction (or allow) to be supplied in his licensed pre- mises, by purchase (or otherwise) liquor to a person under the age of eighteen years, not being a resident oji the pre- mises, or a bona fide guest, lodger or traveller. 1902 intoxicatinct liquors Cap. 16 631 FOKM H. FORM OF INFORMATION LAID (OR COMPLAINT MADE, AS THE CASE MAY BE). Canada, Yukon Territory. To wit : The information of A. B., of the of in tlie of laid (or complaint made, as the case may be) upon oath or aflB.rmation before me, C. D., one of His Majesty's Justices of the Peace in and for the Yukon Territory, the day of A. D. one thousand nine hundred and The informant says he is informed and believes that X. Y., on the day of A. D. one thousand nine hundred and at the in the of unlawfully did sell liquor without a license therefor by law required (or as the case may be). A. B. Laid, sworn (or affirmed) and signed before me the day and year and at the place first above mentioned. 0. D., J.P. Form I. FORM OF INFORMATION FOR SECOND, OR THIRD OFFENCE. Canada, Yukon Territory. To wit : The information of A. B., of &c., laid upon oath (or affirmation before me, C. D., one of His Majesty's Justices of the Peace in and for the Yukon Territory the day of A. D., one thousand nine hundred and The informant says he is informed and believes that X.Y., on at (describe last offence.) And further that the said X. Y., was previously, to wit, on the day of A. D., 19 , at the of before E. F., one of His Majesty's Justices of the Peace in and for the Yukon Territory duly convicted of having on the day of J19 , at the of in the of unlawfully sold liquor without a license there- for required by law (or as the case may be). And further that the said X Y., was previously, to wit : on the day of A. D., 19 , at the of in the - before, &c., (as in the preceding paragraph) again duly convicted of having on the day of A. D., 19 , at the of in the of in the of having a wholesale license, unlawfully allowed liquor to be consumed within a build- ing which communicates with an entrance within his pre- mises, by a person not usually a resident within the building of which such premises form a part (or as the case may be). 632 Cap. 16 consolidated ordinances C. O. FOBM J. - FORM OF CONVICTION OF FIRST OFFENCE. Canada, Yukon Territory. To wit : Be it remembered that on the day of A.D. one thousand nine hundred and at in the Yukon Territory, X. Y. is convicted before me, E. F., one of His Majesty's Justices of the Peace in and for the Yukon Territory, that he, the said X. Y., on the day of A. D. one thousand nine hundred and , at in the Yukon Territory, in his premises, being a place where liquor may be sold, unlaw- fully did sell liquor during the time prohibited by the Liquor License Ordinance ■ for the sale of the same, without any requisition, for medical purposes, as required by the said Ordinance, being produced by the vendee or his agent (or as the case may be), A. B. being informant, and I adjudge said X. Y., for his said offence, to forfeit and pay the sum of dollars, to be paid and applied accord- ing to law-, and also to pay to the said A. B. the sum of dollars for his costs in his behalf, and if the said several sums be not paid forthwith, then * I order the said sums to be levied by distress and sale of the goods and chattels of the said X.Y., and in default of sufficient distress in that behalf * (or where the issuing of a distress warrant would be ruinous to the defendant and his family, or it appears that he has no goods whereon to levy a distress, then instead of the words between the asterisks* say, inas- much as it has now been made to appeaf to me that the issuing of a warrant of distress in this behalf would be ruinous to the said X. Y. and his family, or that the said X. Y . has no goods or chattels whereon to levy the said several sums by distress) I adjudge the said X Y. to be imprisoned in the common jail, at in the said Yukon Territory, and there to be kept for the space of unless the said sums and the costs and charges of conveying the said X.Y. to the common jail shall be sooner paid. Q-iven under my hand and seal the day and year first above mentioned, at in the aforesaid Territory. [LS.] CD., J.P. Form K. form of conviction for a third offence. Canada, Yukon Territory. To wit : Be it remembered that on the day of , in the year of our Lord one thousand nine hundred and 1902 INTOXICATING LIQUORS Cap. 76 633 , in in the Yukon Territory, X. Y. is convicted before the undersigned C. D., one of His Majes- ty's Justices of the Peace in and for the said Territory, for that he, the said X. Y., on the day of A. D. one thousand nine hundred and at in the said Territory (as the case may be) of having viola- ted a provision of the Liquor License Ordinance, unlawfully did attempt to settle the offence with A. B., with the view of having the complaint made in respect thereof dismissed (or as the case may be). And it appearing to me that the said X. Z. was previously, to wit : on the day of A.D. 19 , at before, &c., duly convicted of having on the day of A. D. 19 , at unlawfully sold liquor without the license therefor by law required (or as the case may be). And it also previously appearing to us that the said X.Y. was previously, to wit : on the day of A.D 19 , at before, &c., (see above) again duly convicted of having on the day of A.D. 19 , at being the keeper of licensed premises situate in the said unlaw- fully allowed in his said licensed premises (or as the case may be). I adjudge the offence of the said X. Y., herein before firstly mentioned, to be his third offence against the Liquor License Ordinance (A. B. being the informant) and I ad- judge the said X. Y. for the third offence to be imprisoned in the common jail at in the said of there to be kept for the space of three calendar months (or as the case may be), and that his license be cancelled. Griven under my hand and seal the day and year first above mentioned, at in the Yukon Territory. [L.S.] 0. D., J.P. FOKM L. WAERANT OF COMMITMENT FOE. FIRST OFFENCE WHERE A PENALTY IS IMPOSED. Canada, Yukon Territory. To wit : To all and any of the constables and other peace ofiicers in the and the keeper of the common jail at in the Yukon Territory. Whereas X. Y., late of in the said Yukon Ter- ritory was on this day convicted before the undersigned C. D., one of His Majesty's Justices of the Peace in and for the Yukon Territory or of (as the case may be) for that he the said X.Y., on at un- lawfully did sell liquor without the license therefor by law 684 Cap. *76 consolidated ordinances CO. required (state offence as in the conviction) A, B. being the informant — and it was thereby adjudged that the said X Y., for his said offence should forfeit and pay the snm of (as in conviction) and should pay to the said A. B. the sum of for his costs in that behalf; And it was thereby further adjudged that if the said several sums should not be paid forthwith, the said X. Y. should be imprisoned in the common jail at in the said Territory, there to be kept at hard labour for the space of unless the said several sums and the costs and charges of conveying the said X. Y. to the said common jail should be sooner paid. And whereas the said X. Y. has not paid the several sums, or any part thereof, although the time for payment thereof has clasped. If a distress warrant issued and was returned no goods, say : And whereas afterwards, on the day of A. D. 19 , I, the said Justice, issued a warrant to the said constable or peace officer or any of them, to levy the said several sums of of and by distress and the sale of goods and chattels of the said X. Y. And whereas it appears to me, as well by the return of the said warrant ol distress by the constable who had the execution of the same or otherwise, that the said constable has made diligent search for the goods and chattels of the said X. Y. but that no sufficient distress whereon to levy the said sums could be found. Or where the issuing of a distress warrant would be ruinous to the defendant and his family, or if it appears that he has no goods whereupon to levy a distress, then in- stead of the foregoing recitals or the issue and return of the distress warrant, say : And whereas it has been made to appear to me that the issuing of a warrant of distress in this behalf would be ruinous to the said X. Y. and his family, or that the said X. Y. has no goods or chattels whereon to, levy the said sum by distress, as the case may be. These are therefore to command you the said constables or peace officers, or any of you, to take said X. Y., and him safely convey to the common jail aforesaid at in the and there deliver him to the said keeper thereof together with this precept. And I do hereby command you, the said keeper of the said common jail, to receive the said X. Y. into your cus- tody in the said common jail there to imprison him and keep him for the space of unless the said several sums and all the costs and charges of the said distress amounting to the sum of and of the commitment and conveying of the said X. Y. to the said common jail, 1902 INTOXICATING LIQUORS Cap. 16 635 amounting to the further sum of shall be sooner paid unto you, the said keeper, and for so doing this shall be your sufficient, warrant. Given under my hand and seal this day of A. D. 19 , at [L.S.] C. D. Form M. form of declaration op forfeiture and op order to destroy liquor seized. If in conviction, after adjudging penalty or imprison- ment, proceed thus : And I declare the said liquor and vessels in which the same is kept, to wit : Two barrels containing beer, three jars containing whiskey, two bottles containing gin, fou.r kegs containing lager beer, and five bottles containing wine (or as the case may be) to be forfeited to His Majesty. Griven under my hand and seal the day and year first above mentioned at, &c. If by second or subsequent order — Canada, Yukon Ter- ritory. To "Wit : I, S. F., one of His Majesty's justices of the peace in and for the Yukon Territory, having on the day of one thousand nine hundred and at the of in the said Yukon Territory, duly convicted X. Y. of having unlawfully kept liquor without a license, do hereby declare the said liquor and vessels in which the same is kept, to wit : (describe the same as above) to be forfeited to His Majesty. Griven under my hand and seal this day of at the of in the said [L.S.] S. F. Form N. summons to witness. Canada, Yukon Territory. To wit : To J. K , of in the Yukon Territory. "Whereas information has been laid before me, C. D., one of His Majesty's justices of the peace in and for the Yukon Territory, that X. Y., on the day of A. D. 19 at the of in the of unlawfully did (describe the offence) and it has been made to appear to me that you are likely to give material evidence on behalf of the prosecution in this matter : 636 Cap. 16 consolidated ordinances 0. 0. These are to require you to be and appear on the day of A.D. 19 , at o'clock in the noon, at , in the Yukon Territory, before me or such justice or justices of the peace as may then be there, to testify what you know concerning the said charges so made against the said as aforesaid, (and also to bring with you and there and then to produce all and every invoices, day books, cash books or ledgers, and receipts, promissory notes or other security relating to the ' purchase or sale, or sale of liquor by the said X. T., and all other books and papers, accounts, deeds and other docu- ments in your possession, custody or control, relating to any matter connected with the said prosecution.) Herein fail not. Given under my hand and seal this day of A. D. 19 , at [L.S] CD., J.P. 1902 INSANE PERSONS Cap. 7*7 63*7 TITLE XII. MISCELLANEOUS. CHAPTER 77. An Ordinance respecting- Insane Persons. 1. "When an informatiorL is laid before a justice of the issue of peace that any person is or is suspected and believed to be warrant on T -L'j.- • 1- ,.n 1., information msane such justice may issue his warrant m form A in the before j.p. schedule hereto to apprehend such person and cause him to be brought before him or some other justice of the peace. N.W.T., c. 90, s. 1. 2. Upon the person charged as aforesaid being brought Evidence to before, such justice the said justice shall proceed to hear '^^ *'^'^™- such evidence under oath as may be adduced wiih. refer- ence — (a.) To the alleged ins-anity of the person so brought before him, adjourning the inquiry from time to time as may be necessary for the purpose and remanding him meanwhile to jail or other safe custody ; (b.) To his residence for at least the six months previous to the inquiry ; (c.) To his calling or profession ; .(d.) To his means of support ; (e.) To the fact of his being married or unmarried ; also (/.) As to whether or not the said person if committed under the provisions of this Ordinance will be sent back to his former residence and at whose cost. N. "W.T., c. 90, s. 2. 3. If after hearing the evidence adduced the justice of the Committal if peace is satisfied that the person so brought before him is *°™*^ msane. insane such justice shall commit him by warrant in form B in the schedule hereto to a jail there to remain until the pleasure of the Commissioner of the Yukon Territory is known or until the said person is discharged by law, and shall forthwith make a report of the case accompanied with a true copy of the information and evidence taken, to the Public Administrator, who shall have power if he sees fit to order further inquiries to be made. N.W.T., c. 90, s. 3. 4. In case it appears to such justice that such person is ^g^^aT'ed not insane the justice shall discharge him. N.W.T., c. 90, s. 4. 5. The justice of the peace acting under the provisions of Power to this Ordinance shall have the like authority for compelling the attendance of witnesses as such justice would have summon witnesses. 638 Cap. 11 CONSOLIDATED ORDINANCES 0. 0. under any law or statute in force respecting summary con- victions and shall be entitled to the same fees. N.W.T., c. 90, s. 5. SCHEDULE. Form A. — Sec. 1. Canada : | To all or any of the constables or olhei' Yukon Territory, J peace officers of the said Territory : Whereas information upon oath hath this day been laid before the undersigned, a justice of the peace in and for the said Territory, that A. B. (or a certain male or female person who name is unknown) is insane ; These are therefore to command you to apprehend the said and bring him (or her) before me or some other justice of the peace in and for the said Territory in order that inquiry may be made respecting the sanity of the said and that he (or she) may be further dealt with according to law. Given under my hand and seal this day of A.D. 19 , at in the said Territory. A.B., J.P. [l.s ] Form B.— Sec. 3. Canada : ) To all or any of the constables or other Yukon Territory, i peace officers in the said Territory and to the North -West Mounted Police force at (or the keeper of the common jail at ) : Whereas information was laid before me (or as the case may be) a justice of the peace in and for the said Territory, on the oath of , that A.B. (or as in the information) was insane ; And whereas inquiry has been made by me respecting the sanity of the said ; And whereas I have found and adjudged the said to be insane ; These are therefore to command you the said constables or other peace officers or any of you to take the said and safely convey to the North- West Mounted Police (or to the keeper of the common jail) at and to deliver to the police aforesaid (or to the said keeper) together with this precept ; and I do hereby com- mand the said police force (or the keeper of the said jail) to receive the said into custody and safely keep until the pleasure of the Commissioner be known or until the said shall be discharged by law. Griven under my hand and seal this day of A.D. 19 , at in the Yukon Territorv. A.B'., J.P. [l.s] 1902 PROFANATION OF THE LOED'S DAY Cap. ^78 639 CHAPTER 78. An Ordinance to Prevent the Profanation of the Lord's Day. !• No merchant, tradesman, artificer, mechanic, workman, Prohibition of labourer or other person whatsoever shall on the Lord's day {'aboufoiT"*^ sell or publicly show forth or expose or offer for sale or pur- Sunday. chase any goods, chattels or other personal property or any real estate whatsoever, or do or exercise any worldly labour, business or trade of his ordinary calling ; travelling or com'eying travellers or His Majesty's mails, selling drugs Exceptions. and medicines and other works of necessity and w^orks of charity only excepted. N.W.T., c. 91, s. 1. 2. No person on Ihat day shall play at billiards or pool Gomes and in any public room or run races on horseback or in vehicles prohibited!'' of any sort or discharge firearms or engage in any game or games in any public place or engage in hunting or in the pursuit of game ; except that any traveller, family or other person in a state of actual want may engage in hunting or kill game to satisfy his or their immediate wants. N.W.T., c. 91, s. 2. 3. All sales and purchases and all contracts and agree- Contracts nients for sale or purchase of any real or personal property gunlaTto whatsoever made by any person or persons on the Lord's be void. day shall be utterly null and void. N.W.T., c. 91, s. 3. ■4. Any person violating any of the provisions of this Penalty. Ordinance shall be guilty of an offence and upon summary conviction thereof be liable to a fine not exceeding |100 and costs. N.W.T., c. 91, s. 4. 640 Cap. 19 CONSOLIDATED ORDINANCES CO. CHAPTER 79. An Ordinance respecting the Licensing of Billiard and other Tables. Not to can y on certain calling without license. Monthly returns. 1. No person shall carry on in the Territory any of the callings hereinafter mentioned without having first obtain- ed a license for the purpose, which license shall be issued by the officer authorized by law to issue licenses for the sale of intoxicating liquors, and in every case, the license shall expire on the thirty-first day of December next follow- ing the date thereof and may be assigned. 2. To obtain a license the applicant shall, if he applied on or before the thirtieth day of June, pay to the issuer as follows : (a.) If the license be for a single billiard or pool table, one hundred dollars ; and for every such additional table, seventy-five dollars {b.) For every bagatelle, Mississipi, pigeon-hole or other gaming table or board with balls, one hundred dollars. (c.) For every bowling alley, one hundred dollars. But one-half of the said fees only shall be payable when the application is made after the tairtieth day of June in any year. 3. The issuer of licenses shall make monthly returns of all licenses issued by him under this Ordinance to the Commissioner, and shall pay to the Territorial Treasurer all moneys received therefrom to form part of the general revenue fund. ; Penalty. 4. Any persou who shall, without having first obtained a license, keep set up in any public room or hall, any of the tables or boards or a bowling alley hereinbefore named shall be liable, on conviction in a summary before a Justice of the Peace, to a fine for every such offence of not less than one year's license fee, not exceeding five hundred dollars with costs of prosecution, and on non-payment thereof, to be imprisoned for any term not exceeding three months. Not tu apply to munici- pality. 5. Nothing in this chapte;^ shall apply to any portion of the Territory incorporated as a municipality. SCHEDULE 641 SCHEDULE I. Showing the Ordinances of the North- West Territories prior to the Con- solidated Ordinances of the Territories, 1898, the portions of the Con- solidated Ordinances of the North-West Territories, 1898, and the Ordinances of the Yukon Territory which have been repealed prior to the consolidation, and Ordinances disallowed. Ordinances Repealed. The Ordinances of the North- West Territories in force in the Yukon Territory under the provisions of the Yukon Act prior to the Consolidated Ordinances of the North-West Territories, 1898 Consolidated Ordinances of the North-West Territories, 1898. Cap. 1, see. 8, ss. 22 4 M 2 M land 2 5, 6, 7, 8, 9, 10, 11, 12 and 13 14, sec. 2, ss. 1 and 2 15, 16, 18 and 19 2i, sec. 4, ss. 1 7 .. 1 „ 14, 15, 16, 17, 18 and 19 rule 4 and 375 543, 549 and 550. 587 588, ss. 2 „ 607, ss. 1 and 2 22, sees. 1, 2, ss. 1 of sec. 3 „ 12, 17, 18 and 19 23, sees. 27, 28, 29 and 31 24 and 25. 27, sec. 2, S3. 4, 5, 8 and 9. 28, 32 and 38. 43 sec. ss. 1 to 10 inc, 15 .. 15. 44, sec, 10. 45 „ 13.. 51, 52, 53, 54, 55, 58 and 60 61,^ec. 109 65 68, sees. 2 and 6 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84 and 85 87, sees. 7 and 12 ■ • 88, 89, 92 and 93 Ordinances of the Yukon Council — 1898, No. 2 4 i). . 7.. 9. 10. 11. 12 13 Repealing Ordinanoe. No. 48 of 1899. 51 of 26 n 26 M 26 „ 26 >, 26 M 21 „ 26 „ 26 „ 21 „ 26 M 50 M 1 .. 26 „ 26 „ 26 „ 26 M 26 M 26 „ 26 „ 26 „ 26 „ 26 ,, 33 „ 26 „ 10 M 26 „ 26 M 1899. 1902. 1902. 1902. 1902. 1902. 19fl. 19U2. 1902. 1901. 1902. 1899. 1902. 1902. 1902. 1902. 1902. 1902. 1902. 1902. 1902. 1902. 1902. 1901. 1902. 1900. 1902. 1902. 26 „ 1902. 26 M 1902. 26 „ 1902. ,. 48 M 1899. „ 21 „ 1901. Disallowed, 14 April, 1899. No. 22 of 1901. M 22 M 1901. „ 48 u 1899. „ 25 M 1900. Disallowed, 14 April, 1899. No. 22 of 1901. 25 „ '1900. 41 — T. o. 642 CONSOLIDATED ORDINANCES SCHEDULE I- Concluded. Okdinanoes Repealed. Repkaling Okdinanoe. Ordinanc 1899, es of the No. 2, „ 4. „ 5. II 9. 1, 11 II 13. II 14, II 15 II 17. 1, 19. ,1 21. II 22. II 23. 1, 29. M 30 ,t 31. M .34. >, 36. 1. 37. 1, 40. II 44. 1, 45, II 52 No. 3 II 9 It 11. ,1 13, II 15. M 16. II 17. 11 18. 1. 20. II 21. II 22. ,t 24. n 25. 1, 27. „ 32. 1, 34. „ 36. II 39. No. 1. II 5. ,1 11. „ 15, 1, 18 II 28. M 25. II 26. II 30, „ 35. II 40. Yukon GoxcaoW— Continued. sec. 2 , Disallowed, 14 April, No. 48 of 1899. .1, 20 1, 1902. ,1 25 II 1900. ■1 25 II 1900. ,, 33 II 1901. M 33 .. 1901. II 18 ,1 1901. Disallowed, 14 April, No. 48 of 1899. i> 5 ,. 1902. Disallowed, 14 April, No. 23 of 1901. II 8 „ 1902. II 48 IT 1902. II 5 II 1902. „ 5 II 1902. 11 5 1, 1902. 11 33 11 1901. II 5 11 1902. 11 8 II 1902. 1, 8 11 1902. 11 8 11 1902. „ 28 11 1902. .1 8 11 1902. « 5 ,1 1902. ,1 5 » 1902. 1, 5 11 1902. II 5 11 1902. ■ II 5 11 1902. II 5 11 1902. II 8 u 1902. 1, 5 11 1902. 11 5 II 1902. 11 26 ,1 1902. " 5 II 1902. ,1 5 II 1902. 11 5 11 1902. II 8 11 1902. 11 20 II 1902- 11 20 „ 1902. II 5 II 1902. 1, 22 ,1 1901. 1, 27 •■ 1902. 11 8 ,1 1902. ,1 28 II 1902. „ 8 11 1902. 1, 28 u 1902. Disallowed, 25 Januai No. 31 of 1902. 11 5 ,1 1902. 11 5 11 1902. 1899. ' " ' " ir 1899. ri 1899. " " M 1900, M ■ II " M ■'.'."'."."..'.".".'.'.'.'..'...'.'.'.'.'.'.'.'.'.'.'.'.'.'... II 1901, " II II < y, 1902. SCHEDULE 643 SCHEDULE 11. Okdinances and parts of Ordinances repealed from the date of the coming into force of " The Consolidated Ordinances of the Yukon Territory, 1898." Cnap- ter. 1 2 3 4 14 17 20 21 22 23 26 27 20 30 31 33 34 35 36 37 39 40 41 42 Title of Ordinance. CONSOLIDATED ORDINANCES OF THE NORTH-WEST TERRITORIES, 1898. An Ordinance respecting the form and interpretation of Ordinances An Ordinance respecting the Legislative Assembly of the Territories An Ordinance respecting Elections An Ordinance respecting Controverted Elections An Ordinance respecting the Kegistration of Births, Marriages and Deaths An Ordinance respecting the Inspection of Steam Boilers and the Examination of Engineers operating the same An Ordinance to regulate Public Aid to Hospitals An Ordinance respecting the Administration of Civil Justice An Ordinance respecting Clerks and Deputy Clerks An Ordinance respecting Sheriffs and Deputy Sheriffs An Ordinance to abolish Priority among Execution Creditors An Ordinance exempting Certain Property from Seizure and Sale under Execution.. An Ordinance respecting Alimony An Ordinance to amend the Law relating to Slander An Ordinance respecting Limitation of Actions in certain cases An Ordinance re?pectii)g Constables An Ordinance respecting Distress for Rent and Ultra-judicial Seizure An Ordinance respecting Arbitration An Ordinance respecting the Investigation of Accident by Fire An Ordinance respecting Land held by two or more Persons An Ordinance respecting the Sale of Goods An Ordinance respecting Factors and Agents An Ordinance respecting Choses in Action An Ordmance respecting Preferential Assignments Extent of Repeal. The whole. 41J— Y.O. 644 CONSOLIDATED ORDINANCES SCHEDULE U— Continued. Ordinances and parts of Orlinances repealed, &cc.— Continued. Chap- ter. 43 44 45 46 47 48 49 50 56 57 59 61 62. 63. 64. 66. 67. 68. 86. 87. 90. 91. No. 1. 6. 2. 6. 7. 8. 24. Title of Ordinance. An Ordinance respecting Mortgages and Sales of Personal Property An Ordinance respecting Hire Receipts and Conditional Sales of Goods An Ordinance respecting Partnerships An Ordinance respecting Marriages : An Ordinance respecting the Personal Property of Married Women An Ordinance respecting Compensation to the Families of Persons Killed by Accidents An Ordinance respecting Insurance for the Benefit of Wife and Children An Ordinance respecting Masters and Servants An Ordinance respecting Hotel and Boarding-house Keepers An Ordinance respecting Keepers of Livery, Boarding and Sale Stables An Ordinance respecting Liens in favour of Mechanics and others A.U Ordinance respecting the Incorporation of Joint Stock Companies An Ordinance to authorize the changing of the names of Incorporated Companies. . An Ordinance respecting Foreign Companies An Ordinance respecting Mining Companies An Ordinance respecting benevolent and other Societies An Ordinance respecting Mechanics' and Literary Institutes Kw Ordinance respecting Cemeteries An Ordinance to prevent the Pollution of Running Streams An Ordinance for the prevention of Prairie and Forest Fires An Ordinance respecting Insane People An Ordinance to prevent the Profanation of the Lord's Day Extent of Repeal. The whole. ORDINANCES OF THE YUKON COUNCIL. 1898. An Ordinance respecting the Profession of Medicine and Surgery An Ordinance respecting Notaries Public 1899. An Ordinance to amend the Tfukon Medical Ordinance, 1898 An Ordinance to provide for the Appointment of Commissioners for taking Affidavits. An Ordinance respecting Ferries An Ordinance to amend the Yukon Medical Ordinance, 18S)8 An Ordinance respecting Commissioners to make Inquiries concerning Public Matters.. 26. J An Ordinance respecting Arrest and Imprisonment for Debt. Sec. 1. The whole. SCHEDULE 645 SCHEDULE U— Continued. Ordinances and parts of Ordinances repealed, &c. — Continued. Title of Oidinance. An Ordinance respecting Agents. An Ordinance respecting Slaughter Houses and the Killing and Dressing of Animals for Food Ordinance authorizing Judge to appoint Examiner Ordinance respecting the Judicature Ordinance Ordinance to amend Chapter 23 of the Consolidated Ordinances of the North-West Territories, 1898 Ordinance authorizing Peace Officers to enter Certain Premises Ordinance respecting Trespassing a;nd Straying of Animals Ordinance respecting the Consolidated Ordinances, 1898, of the North-West Terri- tories Ordinance respecting the Office of Public Administrator Ordinance respecting Time 1900. An Ordinance respecting Marriages An Ordinance respecting the Investigation of Accident by Fire An Ordinance respecting the Licensing of Billiard and other Tables An Ordinance respecting Public Aid to Hospitals An Ordinance respecting the incorporation of Joint Stock Companies An Ordinance respecting Attachment of Debts An Ordinance respecting Newspapers Ah Ordinance to amend the Yukon Medical Ordinance, 1808 An Ordinance respecting Arrest and Imprisonment for Debt An Ordinance to provide for Election of tviro Representatives to the Territorial Council. An Ordinance to amend Chapter 30 of the Consolidated Ordinances of the North-West Territories, 1898 An Ordinance respecting the sale of mining property An Ordinance to amend Chapter 45 of the Consolidated Ordinances of the North-West Territories, 1898 An Ordinance to amend Ordinance No. 43 of 1899. An Ordinance to amend Ordinance No. 6 of 1899. . 1901. An Ordinance respecting the preservation of game. An Ordinance respecting partnerships An Ordinance amending Chapter 63 of the Consolidated Ordinances of the North-West Territories 1898 Extend of Repeal. The whole. 646 CONSOLIDATED ORDINANCES SCHEDULE 11— Continued. Ordinances and parts of Ordinances repealed, &c. — Continued. Title of Ordinance. Extent of Repeal. An Ordinance to regulate driving in Towns .- An Ordinance amending Chapter 46 of the Consolidated Ordonance of the North- West Territories 1898 The whole. An Ordinance amending Chapter 17 of the Consolidated Ordinance of the North- West Territories 1898 An Ordinance establishing a Yukon Official Gazette An Ordinance respecting sittings of the Court and Vacation An Ordinance respecting dogs An Ordinance respecting removal of trespassers from public property An Ordinance to amend the Ordinance respecting dogs An Ordinance for the protection of bridges An Ordinance respecting assessment An Ordinance respecting unincorporated Towns An Ordinance respecting dentistry An Ordinance respecting the legal profession An Ordinance respecting the procedure and practice of Police Magistrates in Civil eases. An Ordinance to amend the Ordinance respecting assessment An Ordinance to amend the Ordinance respecting the preservation of game An Ordinance for the protection of miners An Ordinance respecting the limits of Dawson and Klondike City An Ordinance to amend the Ordinance respecting assessment An Ordinance respecting Commissioners to administer oaths An Ordinance to amend the Ordinance respecting unincorporated Towns .... 1902. An Ordinance to amend the judicature Ordinance An Ordinance for the prevention of fires An Ordinance to amend the Ordinance respecting assessment An Ordinance to amend Chapter 61 of the Consolidated Ordinances of the North- West Territories, 1898 An Ordinance to amend Chapter 63 of the Consolidated Ordinances of the North-West Territories, 1898. An Ordinance respecting the importation of and traffic in intoxicating liquors . An Ordinance respecting intoxicating liquors An Ordinance tor the better regulation of traffic on highways SCHEDULE 647 SCHEDULE 11— ContitMed. Ordinances and parts of Ordinances repealed, &c. — Continued. Chap- ter. Title of Ordinance. Extent, j of Repeal. 12. 13. 14. 16. 18. 19 20 22 23 24 25 26 27 28 29 30 31 An Ordinance to amend the Ordinance respecting unincorporated Towns. An Ordinance to amend the Ordinance for the prevention of fires An Ordinance to amend the Ordinance respecting the legal profession ' ■ • ' An Ordinance respecting the public service of the Territories . . . ; An Ordinance to amend the Yukon Slaughter House Ordinance An Ordinance respecting the Summoning of Juries An Ordinance respecting Public Health The whole. An Ordinance to amend the Ordinance respecting the Sittings of the Court and Vaca- tion An Ordinance to amend the Ordinance respecting the Preservation of Game An Ordinance to amend the Liquor License Ordinance An Ordinance respecting Chemists and Druggists An Ordinance to amend the Consolidated Ordinances of the North- West Territories, 1898 An Ordinance respecting Schools An Ordinonce respecting the Council of the Yukon Territory An Ordinance to amend the Ordinance for the Election of two Represtatives to the Yukon Council An Ordinance to amend the Assessment Ordinance . , An Ordinance respecting Liens in favour of Miners and others . 648 CONSOTilDATED OBDINiJTCES SCHEDULE III. Ordinances and parts of Ordinances left unrepealed. Title of Ordinance. Portion of Ordinance. An An An An An An An An An An An An An An 1899. Ordinance to incorporate The Svendsgaard Drug and Hospital Company, Limited . Ordinance to validate certain proceedings in the Courts of the Yukon Territory. . . Ordinance for granting to the Commissioner certain sums of Money to defray the expenses of the public service of Yukon Territory Ordinance to incorporate The Yukon Overland Express and Transportation Com- pany Ordinance concerning the Water Supply of Dawson Ordinance respecting the Grand Forks Water Association Ordinance respecting The Yukon Hygeia Water Supply Company Ordinance to interpret Ordinance No. 16 of 1899 Ordinance respecting Hunker Creek Perry Ordinance respecting the Klondike Ferry The whole. Ordinance to confirm, ratify and legalize certain transfers of Real Property made by J. E. Hansen as the attorney in fact of James N. Wilson, executor, in the Yukon Territory of the last Will and Testament of Arthur Harper deceased .. Ordinance respecting the Dawson City and Yukon Territory, Public Business Register and Business Directory Ordinance to provide for the building of a wagon road in the Yukon Territory Ordinance for granting to the Commissioner certain sums of money to defray the expenses of the Public Service of the Yukon Territory 1900. An Ordinance respectipg the Census An Ordinance for granting to the Commissioner certain sums of money to defray the expenses of the Public Service of the Yukon Territory An Ordinance to incorporate the Dawson Telephone and Electric Company Limited . . An Ordinance to incorporate the Dawson City Water and Power Company liimited . . An Ordinance respecting the Territorial Court An Ordinance for granting to the Commissioner certain sums of money to defray the expenses of the Public service of the Yukon Territory An Ordinance respecting the Dawson Electric Light and Power Company Limited . An Ordinance respecting Taxation, Dawson SCHEDULE 649 SCHEDULE III.— Continued. Ordinances and parts of Ordinances left unrepealed, &c. — Continued. No. 35. 40. 41. ■G. 7. 8. 12. 13. 16. 19. 27. 39. 43. 45. 6. 10. 11. 15. 17 21. Title of Ordinance. An Ordinance for granting to the Commissioner certain sums of money to defray the expenses of the Public service of the Yukon Territory An Ordinance for granting to the Commissioner certain sums of money to defray the expenses of the Public service of the Yukon Territory An Ordinance amending the Ordinance incorporating the Dawson City Water and Power Company Limited 1001. Ordinance to incorporate the Hadley Stage Line Limited Ordinance to incorporate the Dawson Transfer and Storage Company Limited. . . Ordinance entitled additional Ordinance respecting the Preservation of Game in the Yukon Territory Ordinance to enable the Court of Revision of the Town of Dawson to re-open, hear and determine Appeals from assessments for the year 1900 Ordinance respecting Taxation for 1900 (Dawson) Ordinance to incorporate the Yukon-Klondike General Trusts Company Limited . Ordinance to amend the Ordinance to incorporate the Dawson City Water and Power Company Limited Portion of Ordinance. The whole. Ordinance for granting to the Commissioner certain sums of money to defray the expenses of the Public service of the Yukon Territory An Ordinance to increase the capital stock of the Hadley Stage Line Limited An Ordinance empowering the Northern Commercial Company, to lay pipes, &c., in the Town of Dawson An Ordinance to incorporate the City of Dawson , 1902. An Ordinance to repeal certain Ordinances of the Yukon Council An Ordinance to amend the Dawson City Charter An Ordinance to confirm By-Law No. 12 of the City of Dawson An Ordinance to incorporate "The Dawson Amateur Athletic Association Limited ' An Ordinance to amend the Dawson City Charter An Ordinance to authorize the Consolidation of the Ordinances INDEX TO 1 The fijfuree refer to the top paginp^. Accidents, Compensation to Families of Persons Killed by. Action for damageB, for whose benefit and how brought one only, and to be brought within a year of death " Child," interpretation Compensation recoverable notwithstanding death of party injured Interpretation Limitation of action " Parent," interpretation Accidents by Fire, Investigation oi, Inquiry into cause of fire may be instituted by a justice not to h'. instituted except (1) upon sworn statement of reasonable suspicion (2) after report to commissioner Examination of witnesses to be on oath, reduced to writing and returned to commissioner Penalty for non-attendance of witness apd enforcement May fine person guilty Actions, Limitation of. AflBdavits, Commissioners for Taking Agents, Mercantile See Factors and Agents. Alimony. Territorial Court has jurisdiction to grant When granted, continues until further order Animals, killing and dressing for food See Slaughter Houses. Animals, Stray See Stray Animals. Arbitration. ■* Short title Interpretation " submission " " court " "judge" " roles of court " References by consent out of court Submission irrevocable includes provisions in schedule party to, may obtain stay of legal proceedings Page. 382 382 382 382 382 382 382 327 327 327 327 327 328 .318 300 349 316 316 449 581 322 322 322 322 322 322 322 322 322 .322 652 CONSOLIDATED ORDINANCES The figures refer to the top paging. Page. Arbitration — Continued. Arbitrator, appointment of, where no other provision in place of arbitrator unwilling or unable to act appointed by one party, tailing appointment by other party, may act alone powers of Witnesses, summoning of and production of documents Award, enlargement of time for making Court may remit to arbitrators, etc., for reconsideration Arbitrator, etc., guilty of misconduct may be removed and award set aside Award improperly procured may be set aside , Enforcement of award General provisions Attendanoe.of witnesses, issue of writs of subpoena ad test, and duces tivum issue of writ of habeas corpus ad test Special case for opinion of court Costs of orders Direction for arbitration shall be deemed a submission , Schedule Single arbitrator to act unless reference otherwise provides Umpire to be appointed by two arbitrators Award to be in writing time for, and enlargements Arbitrators failing, umpire to act Time for umpire's award Examination of parties and production of documents Examination may be on oath Award to be final Costs in discretion of arbitrators or umpire Arbour Day Assessment. When to be made Notice to be given Error not to affect liability of Personal property, at cash value Average stock to be Assessment Roll. Particulars in Rules governing preparation of When to be completed Inspection of. , Amendment of Additions to Certified by assessor to bind all parties * Certified copy prima facie evidence. ... Appeals from. Appeal, person wrongfully assessed may Appeal, against another person Appeal, form of notice of , Appeal, assessor to prepare list of Appeal, notwithstanding sum rated may be recovered Appeal, no certiorari to be granted Appeal Court Members of Clerk, !.!!!! ^ !!!!!''!!!!!!,.. ! Time of meeting of '51" May adjouin 510 Witnesses may be examined on oxth 61" May issue subpoenas 510 Penalty for disobeying 510 323 223 323 324 324 324 324 324 324 324 324 324 325 325 325 325 325 325 325 325 325 325 325 326 326 326 506 507 519 520 520 506, 507 507 509 511 512 513 513 509 510 510 512 512 509 509 INDEX 65S The figures refer to the top paging. Assessment— Continued. Page. Actions. Must be brought within 6 months , 520 Assessors. Duties of 5Qg, To prepare lists of appeals 510 To give notice of sittings of Court of Revision 5] 1 No action against 5^3. To be collector 53^4 To send notice in Form " F " 514 May collect taxes by distress 514 May sell after five days notice 515 May sue for taxes 51g Certificate of, evidence of taxes due , 51g Collector of rates. Assessor or overseer to be 5I4 Court of Eevision. Notice of sittings to be given 511 To hear appeals in order of entry 511 May confirm, amend etc. Assessment roll 511 May add name of person left off 512 May proceed ex parte 512 Power of chairman to preserve order 512 Decision to be final 512 Distress. If ta-^es not paid assessor may levy by 514 Assessor may sell after five days notice 515 Land. Sold for taxes 518 Proceeds of sale how disposed of 518 Purchaser fails to pay to be resold 519 Purchasers interest in ceases after payment of taxes and costs 520 Transfer primi facie evidence of compliance with ordinance 520 Transfer conclusive evidence if application to confirm not made for 6 months 520 Notice of assessment to be given 507 person commencing business after assessment to give £08 penalty for not giving 508 to be given administrator if person assessed dies 509 Form F to be given by collector 514 of application to confirm sale 519 Personal property. To be assessed at cash value 520 Average stock to be assessed 520 Property, liable to assessment 505 II exempt from assessment 505 11 non-resident ''07 IT under control of trustee 507 11 personal assessed at cash value 520 Rate book. From of.. 513 To be revised "^* Sale. Lands sold for taxes 518 Proceedings at ^^° Proceeds of, how disposed of 518 Purchaser fails to pay, property to be resold 519 Applications to confirm, not to be made till three months after notice to be given 519 Purchaser's interest ceases after payment of taxes and costs ^. o20 Transfers prima /Vic Je evidence of compliance with ordinance 520 Transfer conclusive evidence if application to confirm not made for six months 520 654 CONSOLIDATED OBDINANCES The figures refer to the top pagiug. Page. Assessment— Continued. Stock. Average to be assessed 520 Taxes. If not paid forthwith may be collected by distress 514 May sue for 516 If person owing, about to leave, judge may order arrest 516 Certificate of assessor prima Jacie evidence of taxes due 516 If paid before 30th November entitled to rebate of 5 % 517 If not paid till after 31st December, penalty of 4 % 517 Absconder owing, attachment may issue .■ 517 Lien against insolvent estate 517 No transfer good until paid 517 Sale of land for 518 Proceedings at sale for 518 Proceeds of sale how disposed of 518 Mortgagee may pay, and add to mortgage 519 Application to confirm sale for, not to be made till three months after 519 Persons interested may pay, and costs 519 Purchaser to have no interest after payment of and costs 520 Transfers. Prima facie evidence of compliance with ordinance 520 Conclusive evidence if application to confirm not made for six months .... 520 Assignment of Ohoses in Action. Action for debt on assignment, claim to show chain of title ... 354 " Assignee " defined • 354 Assignee's rights under assignment 354 after notice to debtor 355 Assignment of debts and cHoses in action 354 assignee's rights under 354 after notice to debtor 355 equities of debtor again.st assignor before notice 354 Debtor's equities against assignor before notice 354 Negotiable instruments not affected by ordinance . . 355 Securities transferable by delivery 355 Assignments, Preferential. Fraudulent and preferential assignments, etc., void as against creditors whether made owing to pressure or not 356 Assignments for benefit of creditors generally, ordinance not applicable to 356 Bona fid sales and payments, ordinance not applicable to 356 Barristers and Solicitors 392 See Legal Profession. Benevolent and other Societies. Benefits to members, exempt from claims by creditors or personal representative 489 payment of in good faith to wrong person 489 recovery by person entitled 489 Branches may be established 488 Bylaws, rules and regulations, power to make 489 to alter or rescind '. 489 Certificate, judge's on declaration of incorporation 488-490 defect in form not to invalidate incorporation 491 of incorporation, effect of as evidence. 491 application to judge for 491 practice and costs on 491 evidence required on 491 issue of by clerk of court 491 contents of 491 Clerks, on copy declaration 490 on copy judge's order 492 INDEX 655 The figures refer to the top paging. Benevolent and other Societies -Continued. ^*^''- Change of name or purposes proceedings for ..„ judge's order 492 to be filed „ certified copy evidence of change aqo rights and obligations of society not affected by ' . ^ 492 Declaration of incorporation -. duplicate, to be in .„ certificate of judge to be indorsed on 438 defect in form not to invali iate incorporation 49I filing with clerk . „„ f^^f"-^- ■■. '■' ■y.'.y^'..^y^\\\\\\\'.'.'.'.'.'.'. 488 certified copy to be evidence 49O Defects in form of judge's certificate, etc., no invalidity by reason of 49I Exchange of lands by society .qq Fornrs, approval of by commissioner, effect of 492 Incorporation for certain purposes .joa proceedings for .go Lands, see powers of society ^09 Lease of lands by society .ng Liability of persons under age to pay fees, etc 439 Minors, liability to pay fees, etc 400 Mortgage lands, power to 4gQ ".Ofiicers, power to appoint 4gg Powers of society 4g9 Lands, etc., as to acquiring, etc., limited 439 by gift, etc., limited 49O sale, mortgage, etc., of by society 49O Sale of lands by society 49O Secretary, power to appoint 433 Statement of real property, etc., held, to be furnished when required 492 Treasurer, power to appoint 433 Trustees, power to appoint 433 Union of societies or branches for purpose of building, etc 489 Billiard and other Tables. License, not to carry on business without 640 To be i.ssued by chief License Inspector 640 Fees 640 t(. be paid to Treasurer 640 Monthly returns by issuer of Licenses to Commissioner 640 Not to apply to municipalities 640 Penalties 640 Bills of Sale. Affidavits and affirmations, who may administer 365 fee for administering 366 Agents' authority for taking or renewal of instruments may be general 363 "Assignee" includes agent or manager of incorporated company 363 Assigment, filing of 364 to be filed before renewal of mortgage 363 " Bargainee " includes agent or manager of incorporated company 363 Book, register to be kept by registration clerk 360 Default, procedure under mortgage on 360 causes for seizures by mortgagee 360 Description of property in instrument to be full 360 assignment for benefi.t of creditors, exception as to 360 Districts, registration 357 Errors, rectification of 363 656 CONSOLIDATED ORDIXANCES The figures refer to the top pagingr. Bills of Sale— Continued. Page. Evidence, certified copy of instrument to be 355. registration clerk's certificate of filing to be 365 False statements in instruments, etc., effect of 360 Pees for administering affidavits, etc 366- for filings, copies, searches and certificates 366 Holiday, time for filing expiring on 36g. Mortgages of chattels 358 registation of, within thirty days 35g effect of 358 has effect only in registration district where registered 360 afiidavits of execution and bona fides to accompany 353 form of 358 to secure future advances or to indemnify 358 form of 359. ■ affidavits of execution and bona fides to accompany . '. 359 registration of within thirty days 359, effect of 359 has effect only in registration district where registered 360 " Mortgagee" includes agent or manager of incorporated company 364 Omission to register instrument, effect of ; 360 Omissions, rectification of 363 Register to be kept by registration clerk 360 Registration to be in district where property situate 360 Registration clerks appointment of 357 office hours . 357- not to prepare instruments, etc 358 duties as regards registration 360 Registration districts 357- new, may be constituted 357 Removal of chattels from registration district 365 mortgagee to receive twenty days' prior notice 365 certified copy mortgage to be filed within three weeks in district to which eoods removed " 365 Renewal of mortgage 361 statement to be filed within two years and yearly thereafter 361 362' form of .... 361 affidavit verifying to accompany , 362 personal representative or assignee may make 363 Sale of goods, etc. , without immediate delivery 259 to be by conveyance in writing 359 registration within thirty days required 359 afladavits of execution and bona _^rfes to accompany SSS effect of 359 has effect only in district where registered 360 Short title ; ., 357 Sunday, time for filing expiring on 36 5 Births, Deaths and Marriages. Registration of 77 See Vital Statistics. Boarding House Keepers 429 See Hotel Keepers. Boarding Stable Keepers 431 Boilers, Steam. Short title 87 Interpretation 87 Inspection of steam boilers 87 89 INDEX 667 The figures refer to the top paging. Boilers, Steam— Continued. *^*" Inspectors, appointmeut and remuneration gy not to be interested in sale of boilers or steam machinery (57 oath of office gg duties of gg Exemption of certain boilers from operation of ordinance gg Inspectors' right of entry for purpose of inspection gg interference with, penalty gg Inspection to be annual gg fee, and disposition thereof gg certificate of , to be produced to inspector on demand Employment of unqualified person as engineer, an offence gg Hydrostatic tests gg Working pressure allowable gg Inspection of boilers reported unsafe gg owners to repair gg pending repair, not to be used gO Fusible plug to be used gO Steam gauge gO Owner of boiler to facilitate mspection gO Inspection of boilers in course of construction or repair gO Record to be kept by inspector gO Annual report by inspector to commissioner gO Engineers gi penalty for unqualified person acting as gi grant of certificates to persons holding certain certificates of qualification 91 fee 91 provisional certificate gi fee 91 holder may obtain final certificate ... 91 fee 91 examination of holder before issue of final certificate 91 cancellation of certificate for cause 92 appeal to commissioner from decision of inspector 92 certificate to be posted in conspicuous place 92 of engineer of portable engine to be produced to inspector on demand 92 efifect of absence or non-production of 92 qualification for 92 12 months service 92 examination 92 fee 93 Examination fee 93 Permit to unqualified person 93 fee 93 Regulations and forms 93 Fees, application of 93 Penalties 93 Schedule, certificate of inspection 94 Bridges Protection of 133 Cemeteries. Book of record of bylawsand proceedings 501 for management of cemetery and erection of monuments 502 shareholders to have free access to 501 Burials, record of 503 rights to search and make extracts therefrom 503 Bylaws, directors may pass 503 record of, to be kept 503 42— Y. o. €58 CONSOLIDATED ORDINANCES The figures refer to the top paging. Page. Cemeteries — Continued. Cemetery and buildings, etc., to be kept in repair 501 to be drained 501 exempt from taxation or seizure 502 to be inclosed 501 Conveyances, directors may by bylaw empower president to execute 502 Directors, annual election of 600 board of 500 quorum 500 choice of first 500 qualification of 500 Funerals, proper conduct of , 502 Graves not to be near buildings 502 Incorporation, conditions and procedure 497 Instrument to be executed by shareholders on formation of company 497 498 or duplicate to be deposited with Territorial secretary 497 Interest on paid up stock 499 Land to be held and conveyed for purposes of cemetery only 499 Liability of trustees 503 Lots exempt from taxation anJ seizure 502 Notice of formation of proposed company to be published in Gazette 497 Owners of lot^^, rights of . . 500 Penalty for fouling water 502 suit for recovery of 502 limitation of time for 502 for misconduct in cemetery 503 Poor, graves for, to be furnished free 501 Powers of company 497 President, election and duties of 500 Record of burials 503 of by-laws and proceedings 501 502 Regulations, trustees may frame 503 record of to be kept 503 Reservation of part of cemetery for exclusive use of religious society or congregation 501 Sales, application of proceeds of 500 lots of any size may be sold 500 Shareholder, rights of 499 who is a 500 Short title 497 Stock, amount adequate to purchase ground to be subscribed on formation of company 497 25% to be paid on formation of company 497 receipt for to be deposited with Territorial secretary 497 not represented by land in the cemetery may be repaid to shareholder 499 calls on 501 forfeiture for nonpayment of 501 directors may remit if call paid 501 Strangers, graves for, to be furnished free 501 Transfer of land to be registered within twelve months 499 Trustees, board of, organization of 498 liability of 503 successors to, appointment of 499 Voters upon election of directors, qualification of 500 Water, fouling, penalty for 502 suit for recovery of 502 limitation of time for 502 damages, civil action for 502 Chattel Mortgages 357 See Bills of Sale. INDEX 659 The figures refer to the top paging. Chemists and Druggists. Branch drug business, a registered pharmaceutical chemist must be employed in 424 Certificate of registration 42i annual 422 Drugs, regulations respecting sale of 423 425 Evidence of registration 42i Examination of students 421 rules for 42i fees on 421 subjects 421 Exemptions from operation of ordinance 42p Eee for annual certificate 422 on examination of student 421 Penalties for infraction of ordinance 424 Pharmaceutical chemist, registered person only to assume title of 423 or employee only to compound prescriptions. , 422 carrying on branch drugf business to emploj a registered pharmaceu- tical chemist 424 executors, etc., of deceased, may continue business while carried on by a pharmaceutical chemist 426 Physicians and surgeons exempted from operation of ordinance 426 may be registered as pharmaceutical chemists without examination. . . 426 Poisons, what are to be deemed 424 declaration of 423 sale of regulations respecting 423 registered chemist only to sell 424 non-registered chemist selling, cannot recover charges 424 Prosecutions, evidence 425 Register, Territorial Secretary to keep 420 persons entitled to be admitted upf>n 420 evidence of right to admission upon 420 amendment or erasure of fraudulent or incorrect entry upon 423 removal from for improper conduct 423 publication of 423 Kegistration, fee on 420 certificate of 421 See Register. Sales to physicians, druggists, veterinaries, etc. , ordinance not to apply to 426 by physicians, etc. , to their patients, ordinance not to apply to 426 by executors, etc., of deceasad pharmaceutical chemist allowed while conducted by a pharmaceutical chemist 426 Short title 420 Titles, only registered chemists may assume certain 423 424 Choses in Action. Assignment of 334 Civil Justice 135 See Judicature. Civil Service See Public Service. 69 Clerks and Deputy Clerks. Deputy clerk, appointment 282 districts 282 powers and duties 282 actions to be commenced and carried on in deputy clerk's district 282 seal and books to be same as clerk's 282 probate matters 282 guardianship of persons 282 guardianship of estates £82 proceedings commenced without w rit 283 42J— Y. o. 660 CONSOLIDATED OEDINANCES The figures refer to the top paging. Page.. Clerks and Deputy Clerks— Continued. Deputy clerk appoiatment — Concluded. examination for discovery 28S appeals from convictions 283 pending business to be completed in office where pending 283 Process issuers, appointment, returns, etc 283 Security of clerks and filing of copy 283 may be sued upon 284^ certified copy J9rim« /aci€ evidence 284t Security of deputy clerks 284 right of action on 284 Responsibility of clerks for deputies ceases after security given 284 Oaths of office and allegiance 284 to be filed with the Territorial Secretary 284 Vacancy, disposition of books, etc 284 forcible recovery of books, etc 28& Prohibition from practice as solicitor while holding office 285 Books and forms to be furnished by and be property of government 285 Fees and returns 285 Interpretation 285 "clerk" 285 "fees" 285 Fees 285- fee book to be kept 285- annual return under oath to Territorial treasurer 285- fee book to be open to inspection 286- fees retainable by clerk 286- proportion to be transmitted to Territorial treasurer 286- Penalty for failure to keep books 286 non-transmission of annual statement 286 required proportion of fees 287 Dispnsition of proportion of fees received by Territorial treasurer 287 O »th of office ; 287 Commissioners of Inquiry into Public Matters. 113 Cotumissioners to Administer Oaths. Commissioners for taking affidavits within the Territory " SCfr Solicitors of the Territory shall be 300 appointment by Commissioner ' 300- Commissioners for taking affidavits, etc., without the Territory 300 style of , 300- Companies, Changing Names of. Application for, notice to be given 481 Contracts, etc., not affected by change 481 Commissioner may authorize 481 Proposed new name objectionable, substitution of other 481 Notice of change to be published 48i Companies, Foreign. Annual statement to be furnished 483. Amount of paid up capital to appear on documents 484 E'«''« 485 License to 483 documents to be filed on grant of 483 Penalties . 484 Power of attorney to be filed by 482 Short title. 482 INDKX 661 The figures refer to the top paging. Companies, Joint Stock. ^^''' Actions between shareholders and company 4^0 Agencies of, out of Territory 4yj^ Application tor incorjwration 4gg advertisement of 45g time for '. 45g contents of petition 45g amount of stock to be taken 45g amount of stock to be paid up 45g proof of preliminary matters 457 preliminary requirements, directory 457 fees for *..... 473 tariff of 479 Arbitrations 478 Attorney, acts by 471 Socks of company ■ , . 455 inspection of 46g falsifying 4gg omission to keep 466 prima facie evidence 466 Borrowing money, etc 464 Bylaws, evidence of 4(;0, 470 Calls, times of , 464 when due 464 payment on before due , 464 forfeiture of shares for non-payment 464 action for 465 ■Capital stock, increase or reduction of 459 •Contracts by officers 471 Corporate name 457 Directors, number 461 qualification _, 461 election 462 powers of 462,463 liability of 469 indemnity of 473 Dividends 471 Domicile 470 Electric companies, special clauses 474, 476 I'ees on applications 473, 479 Forms 479 ■Gas, electric, etc., companies, special clauses 474, 476 Interpretation 455 Incorporation, allegation of in legal proceedings 471 evidence of 471 lietters patent, grant of 458 additional provisions in 457 recital of material facts 457 restriction of, after incorporation 457 notice of grant of 458 forfeiture by non-user 473 *' Limited " to be appended 60 corporate name 472 Meetings, general 462 statement to be laid before *73 voting at 462 special 471 Office of 470 change of. 471 • Penalties, enforcement of 477 662 CONSOLIDATED OKDINANCES The figures refer to the top paging. Companies, Joint Stock— Continued. Powers of company, generally 460 supplementary letters extending 458 Proceedings, authentication of 470 Proof may be by affidavit 472 Prospectuses and notices, contents 472 fraudulent 473 Seal, when not required 471 Service of process 470 on shareholders 470 Short title 455 Shareholders, general meeting" of 462 liability of 459-46S representative may vote 468 Statement by directors to shareholders 473 Stock, personalty 461 transfer 461-466 allotment 461 shares subject to payment in cash 461 trusts affecting 473 Supplementary letters patent, application for 458 time for 458 notice of 458 preliminary proofs 458 grant of 458 notice of 458 Telephone companies, special clauses 474-476 Water companies, special clauses 474-476 Companies, Mining. Application of other ordinances 487 Disposal of stock 486 Limitation of liability of shareholders 486-487 "Non-personal liability" to appear on documents 486 Stock certificates, contents 486 sale of on nonpayment of calls 487 Compensation to Families of Persons Killed by Accidents 382 Conditional Sales of Goods 368 See Hire Receipts and Conditional Sale of Goods. Constables. May be appointed by a Justice of the Peace 319 Powers and duties Territorial 316 Duration of office 319 Oath to be taken before justice 319 Contagious Diseases 99 See Public Health. Controverted Elections. Address for service on petitioner 61 respondent 61 Admission by respondent of undue election 66 Appeal to Court en banc, proceedings on 66 Stay of proceedings pending setting aside 67 Application to set aside petition 62 Applications to be by summons 64 Ballots not to be counted by judge 67 Candidate claiming seat, objections by respondent ; 62 report of judge in case of 65 Clerk defined 60 INDEX 663 The figures refer to the top paging. Oontroverted Elections— Continued. ^^^' Costs, security for g-^ discretion of judge gg dismissal for want of prosecution on g4 as en cause in court g4 on withdrawal gg payment out of security g5 Dismissal of petition for non- prosecution g4 for want of proof g5 Election set aside, writ to issue g5 Forms.... gg Fees, Judicature tariffs apply g4 Interpretation gO " Judge " defined g0 report of 65 Judicature ordinance, provisions apply to petition 64 appeals 66 Petition against return, time for 60 ' who may petition , 60 form and contents of 60 filing of 60 service of, time and manner 61 extension of time for 61 substitutional 61 Service address for, of petitioner 61 where address omitted, see Respondent 61 evidenc'j need not be stated in 62 when at issue 64 deemed cause in court 64 Particulars of petition, application for 62 time of . . 62 order for 62 objections where seat claimed for defeated candidate application for 63 time of 63 order for 63 Recount of ballots not permitted 67 Report of judge 65 holding, pending appeal if stay 65 after appeal hear,! 65 Respondent, service of petition on 61 address for service to be given 61 service where omitted 61 application by, to set aside petition 62 time for 62 grounds for 62 costs 62 for particulars 62 non-prosecution by petitioner, may apply for dismissal 64 may admit undue election 66 Security to be deposited with petition 61 costs payable out of • • ''6 Service of petition, see Petition 61 Stay of proceedings pending appeal 67 setting aside 67 Title 60 Time for presentation of petition 60 Trial of petition 64 appointment of time and place for 64 if not applied for by petitioner respondent may apply for dismissal. 64 trial may be ordered on such application 64 664 CONSOLIDATED ORDINANCES The figures refer to the top paging. Controverted Elections— Continued. Report of judere 65 Writ of election, issue of, if election set aside 65 Withdrawal of petition, filing 65 service on respondent ^ 65 costs in case of 65 of objections to claim of defeated candidate filing 65 service 65 costs in case of 65 Corporations. General powers and incidents 6 Costs of Distress. In extra judicial seizures 320 Council Yukon H See Yukon Council. Creditors' Relief. Attachment of goods, proceeds of, distribution 303 Book to be kept by sheriff 302 Contest among creditors, scheme of distribution 305 Contestation of interpleader proceedings 303 Costs first charge on moneys levied 303 Deposit of moneys levied in bank 306 Distribution of moneys levied 302 questions as to, scheme for ... 305 exception, exempted goods 306 Employees, preferential claim of 306 Execution, creditors by, only, to share 304 goods or lands, share in proceeds of either 303 payment without seizure 303-304 return of, when to be made 304-305 stay or withdrawal of, effect 304 Forms 307-308 Fund in court belonging to debtor, seizure of 304 Goods exempt on general writs, proceeds not distributable 306 execution, shares in proceeds lands. 303 Interpleader proceedings, carriage of, scheme of distribution 305 Interpretation "judge," "sheriff " 302 Irregularities not to avoid proceedings 306 Levy, notice of to be entered 302 particulars of to be kept v 305 second or further, procedure 303 Lands, execution, shares in proceeds goods 303 sale of, time for distribution 302 Moneys in court, seizure of 304 levied, notice of ■. . 302 to be placed in bank 306 Xotice of levy to be entered by sheriff 302 Payment of execution voluntarily without sale 303-304 Poundage, computation of 305 Priorities among creditors abolished 302 Questions as to distribution, scheme 305 Return of execution 305 Salary, priority of claim for 306 Scheme of distribution 305 Seizure, one sufficient 304 Sheriff, book and statement to be kept by 302-305 compelling payment by 305 duties after levy on execution 302 INDEX 665 The figures refer to the top paging. Creditors' Relief— Continued. ^*^^- 306 moneys to be placed in bank by poundage .............'. 305 to give information Short title Stay of execution Wages, priority of claim for Withdrawal of execution Bawson, limits of 306 302 304 306 304 574 Deaths, Births, Marriages and Registration of ™™ Dentistry. ^^" "^^i*^^ Statistics. Certificate of registration aio Examiners, board of, commissioner to appoint 4X6 duty of 4Xg Fees, annual ^ ^, ~ name to be erased if not paid 4X7 unregistered practitioner cannot recover 4X8 Penalty for practising without registration 4X8 Penalties ^^a Physician, registered, ordinance not to apply to 4X8 Prosecution of unregistered practitioner 4X8 Register, entries in 415-417 Territorial Secretary to keep 4I5 publication of 4X7 Registration 4X5 effect of 4X6 qualification for 4X5 fee on 4X6 certificate of 4X6 Short title , 4X5 Students of dentistry, articles to be filed 4X6 Surgeons, registered, Ordinance not to apply to 418 Unregistered practitioner, prosecution of 418 cannot recover fees 418 Deputy Clerk of Territorial Court 282 See Clerk of Territorial Court. Deputy Sherifte 288 See Sheriffs. Distress for Rent and Extra Judicial Seizures. Costs in distraints limited 320 in seizure under chattle mortgages etc. limited 320 penalty for taking unauthorized 320 Distraint for reiit limited to property of tenant 321 for interest on mortgage limited to goods not exempt from seizure under executions. 321 notice to be given before sale 321 Dogs. AU penalties to be paid to treasurer 580 Fees, owner of dog impounded to pay . . 579 if not paid dog to be sold 579 How sum realized to be apportioned 579 Interpretation " Dog "," Muzzled '*, "Owner", " Peace Officer ", "Pound", "Running at large " 577 Judgment to be recovered against officer 578 License to be numbered 573 No dog to run at large 577 666 OOSSOIiTDATED ORDINANCES The figures refer to the top paging. Page. Dogs— Continued. Owner to take out license 577 penalty 57* Owner of dog impounded to pay fees 579 Owner to state number of dogs owned or kept 580 penalty 580 Poundkeeper, how appointed ._. 578 to issue license upon payment of fee 578 to give tag with license ....,■ 578 to enter particulars of license on counterfoil 578 to make quarterly returns 579 to keep record of dogs impounded 579 to report sale of dog 579 Treasurer, after three months balance paid to 580 Druggists and Chemists 420 See Chemists and Druggists. Education 54 See Schools. Elections. Agents to represent candidates 24 May appoint scrutineers 24 Statement of result of polling for 30 May examine returns of court of revision 34 May appeal from court of revision 35 Corrupt practices by . 45 Appeals — See court of revision. Ballots — Co\int of by deputy returning officer 29 Rejected 29 Discrepancy in number 47 Disposition of when charge of illegality made 27 After proceedings concluded 44 Initialing 25 Printed to be 21 Ballot — Marking, screening from observation 23 Objected 27 Other returned than that given voter 27 Returned by voter, to be 27 Secrecy of, violating 47 Spoiled before used, new ballot , 28 When to be considered as ; in counting ballots 28 Ballot box — Custody of, pending appeal 39 Disposition of, after poll 31 After election proceedings 44 Exhibiting and sealing before poll 23 Opening 29 Polling, during, not to be touched 23 Opening after close of 29 Sealing 30 Where to be kept 23 Returning officer to procure 17 Bribery — See corrupt practices 44 Candidate — Agents of : 24 Certified elected, to be deemed elected 37 Death of 18 Deposit by 18 List of Deputy Returning OflScers to be supplied to 21 Names to be annoimced at hustings 13 Nomination of 18 Name of elected, to be published • 44 One only nominated 19 INDEX 667 The figures refer to the top paging. Page. Elections— Continued. Candidates — Agents ol—Coneluded- Recount returning other than candidate first declared 43 Resignation not permitted pending petition 43 Statement of result of count for 37 Withdrawal of 20 Casting vote of returning ofificer 37 Not to be counted in appeal unless tie again occurs 40 On recount 41 Certificate of result to be given by returning officer 37 Clerk, election — See election clerk. Territorial Secretary, issue of writ of election by 15 Returns to be published by ' 44 Clerk of Territorial Court — Duties in case of appeals, see court of revision. Notice of appeals to be given to 38 Close of poll — hour of 28 No vote to be taken after ■ 28 Procedure at 28 Corrupt practices — acts by candidate or agent prohibited 45 Voter prohibited 46 Election when avoided for 46 Count by returning officer, adjournment of 35 Material to be produced at 35 Proceedings at 36 Record book 35 Court of revision — Adjournment of 33 Appeals from, — see Recount by judge. Who, may enter 34 Deposit required as security 35 Notice of to be in writing 35 Notice to be given to clerk Territorial Court 38 Clerk to inform judge 38 Appointment of time and place for hearing 38 Notice to persons interested ■ 38 Inquiry by judge 38 Powers of judge 38 Clerk of court to act as clerk 38 Subpoenas, issue of 38 Witness fees 58 Witness failing to obey subpoena 38 ^ Attachment for contempt 39 Costs of attachment ^" Ballot boxes, etc., to be subject to order of judge pending appeal ... 39 Costs of appeaU 39 Further deposit may be required S9 Return of security 39 Withdrawal of appeal ^ Count of votes by judge after inquiry on appeal ■10 Duties of judge '™ Enforcement of judge's orders ■*! Appearance by agent ' ^'^ Co-its, security for 32 Awarding Decision, to be given openly ^ Documents, production of, at ^^ Expenses, how borne _ Failure to agree Functions of ?^ Persons composing 32 668 CONSOLIDATED ORDINANCES The figures refer to the top paging. Page. Elections— Continued. Court of revision— Adjournmedt oi— Concluded. Question to be determined 33 Return to be made by 34 Who may examine 33-34 Voter failing to appear, penalty 33 Right to fees 32 Withdrawal of complaint 33 Witnesses to attend 32 Payment of 32 Date of election to be same in all districts 15 Declaration of election 19-37 Deputy returning officer — Appointment 21 Constable during polling day 22 Contravention of ordinance by 46 Discrepancy betveeen ballots issued and in box, penalty 47 Election supplies not received, duty in case 22 Material to be supplied to 22 Oath of 21 Duty after count 30 Omission of duty, by ' 46 Opening poll, duty at 22 Polling place to be prepared by 22 Duty at 22 Receipt by, for election material 21 Tleposit on nomination 18 Forfeiture of 19 How to be made 19 Receipt for » 18 Return of 19 Directions to voters 26 Election— Declaration of 19-37 General, to be held on same day 15 Notice of 20 Writ for, issue of . . . 15 Election clerk— A ppointement 16 Duties 1, 16 Oath of '. 16 Omission of duty or contravention of ordinance 16-46 Responsibily 16 Election material — Deputy returning officer to be supplied with 22 Description of 22 When not available supplying 22 Electors — Information to, posting 21 As to polling place 21 Qualification 24 Expenses of election — Payment of 44 Unauthorized or extraordinary 44 Expenditure, payment of 44 Fees— Extraordinary expenses 44 Tariff of 57-58 Warrant of Commissioner for payment of 44 Forma- Schedule of 48 Hiring teams, etc., at elections prohibited 45 Hustings for nomination purposes 17 Proceedings at 19 Illegal voting— See "Voters. Information to electors, to be posted 21 Elections— Continued. INDEX 669 The figures refer to the top paging. Page. Interpreter— Employment of 25 To be entered in poll book 25 Permitted in polling booth 24 Oath of 57 Intimidation — Penalty 45 Intoxicating liquor — Not to be sold 47 Judge — See court of revision. Nomination — Consent of nominee to be obtained 18 Close of Ig Day of 15 Deposit at 18 Names to be announced 10 Paper, form of 18 Signature of 18 Filing with returning officer 18 Place of 17 Postponement of 18 Proclamation jirior to , 17 Receipt, evidence of filing paper, etc 18 Time between, and election 16 Withdrawal of cannidate 20 Notice of election— Contents of 20 Posting 20 Objections- Entry of 23-29 Offences and penalties — See Penalties. Opening of poll— Hour of .^ .... 20 Objections to be entered 23 Procedure at 23 Penalties— Contravention of ordinance 47 Corrupt practices at elections 44 Discrepancy in number of ballots issued and found in box 47 Hindering carrying out of ordinance 47 Omission by officials to perform duty 46 Personation 47 Recovery of. 47 Violation of secrecy of ballot 47 Voters, illegal acts by 46 Voting more than once 47 Personation — Penalty 47 Poll — Date to be announced 20 Declaration of result 37 Hours of 20 Procedure on voter presenting himself 24 Room for, who may enter 23, 26 Contents of .' _ 22 Statement of result of 30 To be sent returning officer 31 Poll book — Accuracy of to be certified 30 Entry when vote tendered 24 to contain statement of ballots 31 Entry when interpreter employed 25 Notice given voter to answer charge 25 Person unable to mark ballot vote? 28 Person voting in name already voted on 27 Open to inspection., 23 Where kept 23 Poll clerk -Appomtment of 22 Constable on polling day 22 6*70 CONSOLIDATED ORDINANCES The figures refer to the top paging. Page. Elections— Continued. Poll clerk— Appointment oi—Concluied. Discrepancy in number of ballots issued and in box, penalty on 47 Duty in case supplies not available 22 Deputy returning officer does not act 22' Oath of 22 Omission of duty or contravention of ordinance 47 Powers and liabilities 22 Polling divisions— Formation of I7 Number of voters to be contained in I7 PoUingSplaofi — Preparation of 22 Rooms in, outer and inner 23 Securing , I7 Postponement of nomination or election Ig Special report to be made in case of 18 Proclamation — Contents of I7 Form of 60 Posting prior to nomination I7 Places of 17 At polling place I7 Recount by judge 41 Abandonment if not properly demanded, etc 42 Appointment for 38 Service of 38 Ballot boxes, etc., disposition pending 41 Candidate returned other than one first declared, immunity of latter 40 Cost of recount 43 Count of ballots 40 Demand for 41 Particulars to be recorded 43 Rejection of illegal ballots 43 Result a tie, where 43 Statement of judge as to 43 Security for costs 41 Time for and place of 42 Resignation not permitted after poll till result determined 20 Pending election petition 43 Returning Officer — Count by 35 Decision by, where court of revision disagree 34 Declaration of election by 37 Deputy returning officers to be appointed 21 Disposition of ballot boxes, etc., after election 37 Disqualification of, not to avoid election 15 Duties on receiving writ 18 Fees and expenses of 57 58 Indorsement of receipt of writ 18 Materials for elections to be supplied by 21 Nomination proceedings, duties at l9 Notices of polling to be given by 20 Oath of office 16 Omission of duty or contravention of ordinance 47 Postponement of election 18 Special report in case of 18 Proclamation by I7 Refusal or inability to act, duty of 15 Schedule 48 Scrutineers— Appointement of 24 Powers at polling places 24, 29, 30 Statement of result of poll to 30 INDEX Q^i The figures refer to the top paging. Elections-Continued. ■^'"■^^ Secrecy of ballot— Violation of, penalty .,. Spoiled ballots— spoiled before used, destroying and delivery of new ballots 28 Spoiled, but placed in box, disposition of oQ Treating at elections— Penalty .» Voter— Appeal, has right of „ . Ballot paper, delivery to np Charge of illegal voting, notice of 07 Disposition of ballot after ; 07 Directions to. p„ Illegal acts by, voting twice .- Accepting bribe .n Hiring teams to candidate, etc aq Not understanding English nc Numbering consecutively 04 Persons tendering vote in name of person voted 27 Personation of. 1,, Polling place, to leave after voted 2f Questions to be asked 24 Answers to be recorded in poll book 24 Resident, to vote where 24 Secrecy of ballot, violating 4.7 Spoiling ballot paper, may receive another 28 Statements to be made by 25 Record of, to be made 25 Refusal to subscribe ; 25 Unable to sign statement, to make mark 25 Mark ballot 2S Unlawful acts in voting 47 Voting — See Polling Writ of Election— See Returning Officer Contents of I5 Form of I5 Issue of 15 Return, see Return of Writ 15 Transmission of 15 Elections, Controverted — 60 See Controverted Elections. Engineers Operating Steam Boilers 87 See Boilers, Steam Estray Animals .581 See Stray Animals Execution Creditors. Priorities Abolished 302 See Creditors' Relief. Exemptions from Seizure. Short title 309 Real and personal property exempted from seizure 309 Execution debtor entitled to choice from articles exempted 309 Article forming consideration of judgment not exempt except for food, bedding and clothing. 309 Exemption rights of decased execution debtor continued to family 310 Exemption not exteirded to absconding debtor leaving no wife or family 310 Extra Judicial Seizure .320 See Distress for Rent. Factors and Agents. ; Agent, liability for non-resident principal 352 Agreements through clerks, etc. deemed agreements with agent 350 Clerks etc., agreements through, deemed agreement with agent 350 Consent of owner of goods to disposition by agent, presumed 350 612 CONSOLIDATED ORDINANCES The figures refer to the top paging. Page. Factors and Agents— Continued. Disposition by mercantile agent 350 by buyers and sellers of goods. 351 by seller retaining possession valid as though authorised by owner 351 by buyer obtaining possession valid as if he were a mercantile agent in possession with consent of owner 351 " Document of title, " interpretation 349 Document of title, effect of transfer of on vendor's lien or right of stoppage in transitu 351 how transferable 352 Execution against principal or agent 353 Exchange of goods or documents, rights acquired by 350 " Goods," interpretation 349 Goods subject to lien for advances to consignor not.actual owner 351 Interpretation 349 Liability of agent 352 Lien on goods for advances to consignor not actual owner 351 " Mercantile agent,' interpretation 349 powers under common law amplified by Ordinance 352 powers respecting disposition of goods 349 disposition by consent of owner presumed 350 agreements through clerks etc., deemed agreements with 350 liability of 352 Owner's rights in respect of goods in possession of agent or assigned or pledged etc., or pro- ceeds thereof 352 " Person," interpretation .■ ,349 " Pledge," interpretation 349 Pledge of document of title to goods deemed pledge of goods 350 of goods for antecedent debt 350 " Possession," when person deemed in 349 Rights acquired by exchange of goods or documents 350 Short title 349 " Title, document of," interpretation 349' Transfer of documents by indorsement or delivery 351 effect of on vendor's right of lien or right of stoppage in transitu 351 Fast Driving. Fast driving prohibited ". 576- Not to apply to fire departments 575 Penalty to apply to dogs 576- Ferries. Approaches to ferry to be kept in repair 96; Civil suit against licenhee for damages not barred by conviction 97 Commissioner may issue license 95 Fee, license 96- etc., to be paid to general revenue fund 97 " Ferry," interpretation of expression . . 95 size of and limits of operation to be specified in license 95- hours 96 tolls 95 schedule to be posted up 97 interference ^yith, penalty for 98 inspection of 97^ Fords not to be blocked up . . . .^ 96 Inspection of ferries ^ 97^ Interpretation 95. License, issue of 95 terms of 95, viol.ation of, penalty for 97 INDEX 673 The figures refer to the top paging. Ferries— Continued. " Licensee," interpretation of expression 95 liable for damage 98 not to insult or injure persons or property 97 to provide boat or canoe for low water 96 violation by, of terms of license or ordinance, penalty for 97 Mails not to be charged more than day rates 9g Penalty for interference with ferry 98 for refusal to pay tolls 98 for violation by licensee of terms of license or ordinance 97 School children not to be charged tolls 96 Short title ; 95 Tolls, rate of 95 double , 96 schedule of to be posted up 97 school children not to be charged 96 mails not to be chai-ged more than day rates 96 refusal to pay, penalty for 98 for boat or canoe used at low water 96 Fire, Investigation of Accidents by 327 See Accidents by Fire, Investigation of Fires, Prairie and Forest. Actions at law preserved 594 Branding and camp fires to be extinguished 592 Fire guardians appointment of 594 powers of 594 Fires for guarding property or clearing land 592 Information unneces«iary to negative exemptions 593 Penalties for kindling fires, etc 592 Railway companies and employees 593 Short title 592 Spring burning 593 Fires, Prevention of. Ashes not to be deposited in wooden vessel 572 Commissioner may establish fire districts 572 Distance of stovepipe from wall 572 Fire not to be set within fifty feet from building 572 Houses over one story to have ladder on roof 572 Not to apply to Dawson 573 Penalties 573 Quantities of explosives that may be kept in one place 572 Quantities of kerosene that may be kept in one place 572 Foreign Companies 482 Form and Interpretation of Ordinances. See Companies. Foreign. 1 See Interpretation. Game, Protection of Animals protected 586 persons in actual want may kill 587 number to be taken by one person in one season, except for food 586 fawn may be captured and domesticated 589 Batteries, use of for taking, etc., of swans, geese or ducks, prohibited 587 Birds, protected 586 permission to secure during close season for scientific purposes, commissioner may grant 689 person in actual want may kill 587 Buffalo protected at all times 58t> penalty . . - 588 43— Y. o. 614 CONSOLIDATED ORDINANCES The figures refer to the top paging. Page. Oame, Protection of— Continued. Cariboo and fawn protected 1 January — 1 Oct 586 six head only to be taken by one person in one season except for food 586 fawn may be captured and domesticated 589 Confiscation of game. See Game Guardian , 588 Close season may be extended 587 Dogs, not to be used 587 Deer and fawn protected 1 January — 1 October 586 six head only to be taken by one person in one season except for food 586 fawn may be captured and domesticated 589 Duck, wild, protected 1 June — 1 September 586 certain modes of capture prohibited 587 certain instruments of capture not to be used 587 eggs of, may not be taken, etc 587 Eggs of certain wild fowl or birds not to be taken, etc 587 permission to secure for scientific purposes, commissioner may grant , 589 person in actual want may take 587 Elk and fawn protected 1 January — 1 October 686 two head only to be taken by one person in one season, except for food 586 fawn may be captured and domesticated .589 Evidence of unlawful killing, etc 589 Game unlawfully killed, etc., seizure of carcase, and confiscation 588 confiscated, disposal of 589 Game guardians, appointment of and powers of 587 590 remuneration of ^ 590 rules and regulations 590 to take oath 59O seizure of carcase by 589 proceedings before J. P 589 confiscated game disposal of 589 ex officio, members of N. W. M. Police to be 587 Goat, protected 1 January — 1 October 586 fawn of may be taken and domesticated 589 sale, etc., or purchase, etc., of 586 Grouse protected 15 January — 1 October 586 use of certain instruments of capture forbidden 587 eggs of may not be taken, etc , 587 Indians, ordinance not applicable to except See 2 59O Indians not to be employed 588 licenses, commissioner may issue 589 J ustice may appoint constable 589 may issue search warrant 589 Limitation of number of animals a person may kill in one season 586 Meat to be'used for food 59O Moose and fawn, protected 1 Janaury— lOctober 586 six head only may be taken by one person in one season except for food 586 fawn may be taken and domesticated 589 Mountain sheep, protected 1 January— 1 October 686 fawn may be taken and domesticated 589 sale, etc., or purchase, etc 586 North-west Mounted Police, members of force, are ex officio game guardians 587 Partridge, protected 15 January — 1 October 686 certain instruments of capture not to be used 687 eggs of not to be taken, etc 587 Penalty for unlawful killing, etc., of certain animals or birds, or taking eggs, and enforcement 588 disposition of 588 Pheasant, protected 15 January— 1 October , 586 certain instruments of capture not to be used 587 eggs of may not be taken, etc 587 INDEX 6*75 The figures refer to the top paging. Page. Game, Protection of- Continued. Poison, not to be used 587 Possession in close season for carcase, etc. , evidence of unlawful killing 589 Prairie chicken, protected 15 January- 1 October 586 certain instruments of capture not fco be used 587 eggs of not to be taken, etc . ... '. 587 Prohibitions 586 Sandpiper, protected 1 June— 1 Sept 586 certain instruments of capture not to be used 587 eggs of not to be taken, etc 587 Seizure of carcase by game guardian, and confiscation 589 Snipe, jDrotected 1 June — 1 Sept 586 certain instruments of capture not to be used 587 eggs of not to be taj!;en, etc 587 Sunken punts, use of for taking swans, geese or ducks, prohibited 587 Swans, certain modes of capture prohibited 587 certain instruments of capture not to be used 587 Swivel guns, use of prohibited for taking swans, geese or ducks 587 Jails. Provision as to imprisonment under ordinances 5 Gazette, The Yukon Official. Yukon Sun, to be 134 Goods, Sale of 330 See Sales of Goods. Highways Traffic on. Interpretation 130 Loads size of to be carried 131 Offences 131 Penalties 132 Provisions for regulation of traffic , 130 for protection of roads 131 Wide tires to be used > 131 Hire Receipts and Conditional Sales of Goods. Bailor. See Seller Certified copies of instruments filed jn-ima facie evidence 370 Conditional sales of goods to be in writing and registered .... 368 Fees for registration, copies and certificates 370 Penalty for false statement in renewal statemsnt 369 Kegistration, place, time and manner of 368 fees 370 Removal of goods, registration 368 Renewal statement, to be filed within 2 years from registration, and annually thereafter 368 penalty for making false statement in 369 seller or bailor bound by statement in 369 Sale by seller or bailor retaking possession, five days notice of intention to be first given 369 Satisfaction, memorandum of, to be given by seller or bailor on payment or tender of amount due 369 may be registered 369 Seller or bailor bound by statement in renewal statement 369 to give memorandum of satisfaction on payment or tender of amount due 369 retaking possession, to hold for ledemption for 20 days 369 Holidays * Hospitals, Public Aid to Extension to hospitals other than those named 112 Grants in aid of hospitals m when appropriation insufficient 112 Inspection of hospitals * 43J— Y. o. 6*76 CONSOLIDATED OEDINANCES The figures refer to the top paging. Hospitals. Public Aid to— Continued. Interpretation ' ' free patient " ' ' partially free patient " Returns, when and how to be made false, penalty. .. .". Schedule of hospitals assisted additions to Short Title Hotel and Soarding House Keepers. Detention of trunks and personal property of person indebted for board and lodging See also Lien. General revenue fund, unclaimed surplus in hands of Territorial treasurer for one year to form part of Liability of hotel keeper for safe keeping of property detained for property brought on to premises, limited Lien of hotel and boarding house keeper additional to other legal remedies none for liquors none if hotel keeper refuses to receive goods for safe custody none unless copy of ordinance kept posted in hotel Liquors, no lien for Notice of intended sale to be posted up Ordinance, copy of to be kept posted in hotels rights under, additional to other legal remedies Proceeds of sale, disposition of Responsibility of person seizing for safe custody of goods seized. See liability Sale by auction after expiration of three months from seizure notice of, to be posted up proceeds of, application of surplus, disposition of Short title '. Surplus to go to person entitled unclaimed. Territorial treasurer to hold for one year, failing claim, to form part of general revenue fund Imprisonment under Ordinances Infants. Custody of Estate and property of Inquiries concerning Public Matters. Commissions of inquiry, appointment of Inspection of public offices Powers of commissioners See Judicature. Insane Persons. Public administrator, report of inquiry, with copy of information and evidence, to be forwarded tobyJ.P further inquiries may be ordered by Discharge of person alleged to be insane if inquiry fails to establish insanity Estate and property of Se? Judicature. Evidence, what to be taken copy of to be forwarded to Public Administrator with J.P.'s report power to summon witnesses Fees to J.P ....7. ...... ....... . Information, warrant to be issued by J.P. upon copy to be forwarded to Public Administrator with J.P.'s report Page, 111 111 111 112 112 112 112 111 429 429 429 430 429 429 429 430 430 429 429 430 429 429 429 429 429 429 429 429 429 429 '5 258 259 113 113 113 637 637 637 253 376 637 637 638 637 637 INDEX 6*77 The figures refer to the top paging. Insane Persons— Continued. Report by J. P. (with copy, information and evidence) to be sent to Public Administrator ... 637 Warrant to apprehend, issue of by J.P 537 form 638 Warrant of commitment 537 g3j^ Witnesses, power to J.P. to summon 337 Inspection of Steam Boilers 87 See Boilers, Steam. Institutes, Mechanics' and Literary 493 See Mechanics' Institutes. Insurance for the benefit of Wife and Children. Actions for insurance money to be consolidated, parties 388 Ante-nuptial policy, subsequent, declaration for benefit of wife or children valid 383 Appointment of trustee, etc., company to be notified 388 Apportioned policy, share oja beneficiary dying before insured person, in default of other disposition, to form part of estate of insured 384 Apportionment of insurance for benefit of wife and children, or wife, children or child 384 may be varied by declaration or will 384 absence of, division 384 death of beneficiary or beneficiaries 385 declaration for benefit of future wife or children 385 Assignment of policy 384, 388 persons entitled in succession 389 Bonuses and profits subject to direction of insured 387 Borrowing money for payment of premiums, sums borrowed a first lien on policy 387 Children as a class beneficiaries, proof of number, names and ages to be adduced to company. 385 Company admitting claim, failing trustee, executor or guardian, may pay money into court. . 386 costs of payment out. 386 failing to pay, court may order payment 387 cost of application 387 to be notified of declaration or appointment, or appointment of trustee or revoca- tion of same 388 Costs of payment out of money voluntarily paid into court by company 387 of application for order for payment over by company 387 Creditors' rights . 388 Declaration that insurance for benefit of wife or children creates a trust, and insurance not part of husband's estate 383 valid, though policy ante-nuptial 383 apportionment may be varied by 384 (in absence of apportionment, and after death of beneficiaries) for benefit of future wife or children 385 company to be notified of 388 Executors, failing appointment of trustees, shares of infants may be paid to 385 investment by 386 Fees on appointment guardian or grant of probate when insurance money does not exceed $400 386 Guardian, failing appointment of trustee, share of infant may be paid to 385 investment by 386 to give security fees on appointment when insurance money does not exceed $400 Infants, See Trustee and Guardian Insurance for benefit of wife and children, or wife, children or child, apportionment 383 may be in name of insured, wife or trustee 383 pledge of pohcy prior to declaration 383 declared for benefit of wife and children, a trust and not part of husband's estate. . 383 declaration valid, though policy ante-nuptial 383 apportioned, share of beneficiary dying before person insured in default of other disposition to form part of estate of insured 385 surrender or assignment of policy 384-388 persons entitled in succession 389 386 386 6*r8 CONSOLIDATED ORDINANCES The figures refer to the top paging. Insurance for the benefit of Wife and Children— Continued. Insurance for benefit of wife and children, kc— Concluded. money to be paid free from claims of creditors of insured for benefit of children as a class, proof of number, names and ages to be adduced. . . surrender of policy for paid up policy actions for insurance money to be consolidated ; parties other modes of, ordinance not to restrict Interpretation Investment by trustee, executor or guardian " Maturity of the contract," interpretation ' ' Maturity of the policy, " interpretation Ordinance not to restrict other modes of insurance or assignment Parties in actions for insurance money Payment of insurance money free from claims of creditors of insured to trustees discharges company , into court by company admitting claim by company admitting claim,— irader judge's order out of court of money voluntarily paid in by company, costs of Pledge of policy prior to declaration Policy. Sec Insurance. Profits subject to direction of insured Surrender or assignment of policy persons entitled in succession of policy for paid up policy Trustee, appointement of and investment by payment to, discharges company failing appointment of, shares of infants may by paid to executor or guardian failing appointement of trustee, executor or guardian, company admitting claim may pay money into court company to be notified of appointment or revocation of appointment of Interest, Distress for Limitation of rights of, and sale _ Interpretation and form of Ordinances. " Affirmation " included in "oath" in certain cases . . . , Amendment, in same session not to involve declaration as to previous law. . . Application of ordinance where inconsistent with other ordinances Appointment, power of, includes power to remove Arbor day Assent of commissioner, indorsation . . ■ reservation of Authentication of ordinances Bodies corporate, general powers and obligations Bylaws, rviles, etc., power to make includes power to revoke. Certified copies of ordinances . . . fee on Certificate if ordinance disallowed Citation of ordinances Commencement of ordinances " Commissioner " Commissioner in council Consolidated ordinances, citation Construction, so as to effectuate true intent reserving power to repeal etc to be deemed remedial of this ordinance ■ Corporations, general powers and obligations Page. 385 3S5 387 388 388 .S83 386 383 383 388 388 385 385 386 386 386 383 384-387 389 387 385 385 385 386 388 321 3 7 2 2 6 4 2 2 10 6 6 10 10 10 1 2 3 3 1 9 7 9 10 INDEX 6*r9 The figures refer to the top paging. Interpretation and form of Ordinances— Continued. ^*^®' "Crown, The" meaning „ " Declaration," included in oath in certain cases Disallowed ordinances, certificate on copies issued by Territorial Secretary 10 Duties, penalties, etc., belong to Crown o Enacting words „ Enactment, form of „ Enforcement of ordinances, proceedings for o Evidence of ordinances „ "Felony" •••■ ^ ' ^ '''!!!!!'!!!!!!!!'!!.! !! 5 FtM^feitures, recovery where no other mode provided o belong to Crown unless other provision g Form of enacting „ Ordinances 2 Forms, sligh't deviations from '. '_ P " Gazette " Gender and number ' Herein ' 4 4 Government," "Government of the Territories".,,, 3 3 " His Majesty " 3 " Holiday " ^ time expiring on 4 Imprisonment, place of, under ordinances , 5 Intent, true, to be effectuated 9 " Justice " '!!!!!!!!!!!!!!/..!! 5 jurisdiction local 5 "King"The 3 Law always speaking 3 " Magistrate " ^ 5 jurisdiction local 5 Majority may do act for several g " May " permissive 3 Meredian, the 135° standard time 4 "Misdemeanour" 5 " Month " ; 4 Name commonly applied to place, official, etc 4 "Next" 4 "Now"' 4 Number and gender 4 " Oath," what included in 5 Oaths, persons authorised to administer and certify 5 Officers, See Public Officers " Official Gazette " r 4 Ordinances, authentication of copies 10 certified copies 10 certificate if disallowed 10 citation 1 custody of 10 deemed public 9 remedial ^ i> form of 2 not in force at once, proceedings under 9 record of 10 Penalties or forfeitures, procedure for recovery. S where no other mode provided 8 belong to Crown unless other provision . ; 8 "Person" 4 Power to act includes necessary incidental powers 5 Preamble, effect of " Private ordinances, effect of limited 7 ki^^^m 680 CONSOLIDATED ORDINANCES The figures refer to the top paging. Page- Interpretation and form of Ordinances— Continued. Proceedings under ordinances before coming into force 9 " Proclamation " 4 to be by order of commissioner 4 Public ordinances, all ordinances demand to be 9 Public moneys, mode of expenditure if not otherwise provided 6 Public officers or functionaries. directions or powers to, include siiocessors and deputies 6 hold office during pleasure local jurisdiction of 5 power to appoint includes power to remove 6 Punishment of offences, procedure 8 Keferences to sections, inclusive of both * 9 mean printed ordinances 9 Repeal in same session 3 of repealing ordinance 7 not involve declaration as to previous law 7 other provisions substituted, officers and proceedings continued 7 bylaws, etc., continued , 7 references extend to substituted provisions 7 vested rights or pending actions not affected 8 offences committed or forfeitures incurred prior to 7 Rules and orders, power to make includes power to revoke 6 " Security " 5 " Shall," imperative 3 Short title 1 " Standard time " 4 " Summary conviction, on " . . 8 Sunday, time limited expiring on 4 "Sureties" - 5 " Swfirn " includes " affirmed " or " declared " 5 Territorial secretary to have custody of Ordinances 10 authentication by, of duplicates 10 " Territory " 3 Time expiring on Sunday or holiday 4 of commencement of Ordinances 2 standard 4 " United Kingdom " , 3 " United States " 3 " Writing "" Written " 4 "Year" 4 Yukon government 3 Yukon Territory 3 Intoxicating Liquors 595, 603 See Liquor License. Investigation of accidents by fire 327 See Accidents by fire, Investigation of Joint Stock Companies 455 See Companies, Joint Stock Foreign 482 See Companies, Foreign. Mining 486 See Companies, Mining. Changing names of 481 See Companies, Changing Names of Judicature. Abatement . INDEX (581 The figures refer to the top paging. Page. See Change of parties . certificate to be given by solicitor ]^59 none where cause of action continues I57 by expiry of writ or process 250 Accountants, judge may obtain assistance of -241 Accounts, actions for j^gg reference conipulsorily Igg affidavit to verify j^gg alterations, in verified ]^g9 books of, when prima facie evidence Igg delay in taking, proceedings on I90 directions to take Igg numbering 190 special Igg disputed items only to be brought before judge 189 exhibit to affidavit, to be made ' 189 just allowances, in taking 190 mode of taking, special directions as to 189 numbered consecutively, items in, must be 189 originating summons for 239 receivers. ' See Receiver 225 surcharge, notice of intention to 189 taking, mode of ] 89 undue delay in taking 190 verification of 189 vouching, mode of 189 Action against public officers, limitation 249 notice of 249 commencement of 142 entry of, in what district 136 meaning of term 135 Address for service, defendants, on apparance 160 omission of 160 illusory or fictitious, service in case of 160 plaintiff's, to appear on writ 144 omission of 144 Address of defendant to accompany appearance , 160 plaintiff and advocate to be indorsed on writ 144 Administration, accounts of administrators to be filed 264 application to pass 239 264 originating summons for 240 administrator, by 153 actions for, conduct of 153 default of apijearance in 163 originating summons, by 239 parties to 152 153 serviceout of jurisdiction in 147 advertisement for claims 241 262 ancillary grant of 261 application to pass accounts 239 264 attendance of administrators on claim against estate in administration, pro- ceedings vn 154 citations, summonses and notices 262 claims, notices to send in 262 verification of 263 securities to be valued 263 costs 255 265 creditors' claims in, who to appear on 154 682 CONSOLIDATEB ORDINiNCES The figures refer to the top paging. Page. Judicature— Continued . Administration — Concluded. and others, order to send in claims 262 heirs, etc. , unascertained or absent 152 judgment for at instance of executor, administi-ator or trustee 153 legatee or person interested in land 152 residuary devisee or heir 152 residuary legatee or next of kin 152 notice of, form 153 service of 154 effect of 153 memo, of , 153 legal personal representatives, only, to appear on claims against estate in. . . . 154 originating summons for 239 determination of matters relating to 239 parties in, representation of 154 parties to actions for 152 personal representative, appointment of other person instead of 261 probate. See Probate 261 public administrator, administrator ad litem 262 guardian, ad litem 264 infant, actions against, service on originating summons, by, as creditor 264 remuneration of 265 representation of parties in 154 Administration, representation of estate pending grant 262 security by administrators 261 proceeding on ■ 261 waste, proceeding to restrain pending grant 262 Administrators, See Administration. administration at suit of 153 attendance of on claim against estate in administration , 154 costs of and compensation to 246 265 opinion, advice or direction of judge, application for 242 originating summons by 239 Admissions, amendment of 188 case of other party, of, notice of 187 costs of proving what ought to be admitted 187 occasioned by refusal to admit documents 187 denial not specific, where 166 documents, of 187 party may be required to make 187 notice for 187 costs of unnecessary 187 verification of signature of ' ' ■ ' 188 effect of limited to immediate purpose 188 evidence ol 188 facts, of, notice to make 187 time for 187 notice of 187 party may call on other party to make 187 pleadings, on the 187 refusal of 187 effect of on costs 187 verification of signature to 188 judgment on 188 application for 188 notice in writing of 187 payment mto court, by , 168 pleading, by 187 INDEX 683 The figjires refer to the top paging. Page. Judicature— Continued. Admirsions. amendment of — Concluded. insufficient denial in 166 persons under disability, exception 166 signature to, affidavit of 188 service of, by solicitors , 148 subsequent proceedings, effect of, on 188 Time for 187 188 withdrawal of _ 188 Advertisement, citations, summons, and notices of 262 creditors and claimants, for 241 for to send in claims 262 excluded from benefit of judgment on failure to prove after 241 originating summons, notice of, by 240 signature of 241 substituted service by 146 Adviser legal, questions as to validity of ordinances, pleadings, etc., to be served on 155 entitled to be heard on argument 155 Alias writs, issue of 2lO Appeal, court en banc, to. See court en banc 242 taxation of costs, from ; 248 sheriff's costs, from 215 Affidavits, accounts, verifying 189 202 address of deponent in 201 arffimation included in term 136 alterations in 202 answer, in 202 application for summary judgment on 164 attachment of debts, for 217 goods for , 226 belief, when it may be stated in 20O blind persons, by 201 chambers, in 199 previously used 200 commencement of 202 contents of 200 copie.'!, certified, may be used 202 costs of improper matter in ' 20O informal 200 cross examination on 198 199 defective, judge may receive 201 deponents by two or more 201 description and address of 201 to be stated in 20l signed by, to be 201 documents of. See Discovery 180 erasures in 202 evidence may be given by, when 19^ by order 184 under agreement 194 exhibits to 202 certificate upon 203 facts to be deposed to by 200 filed befire issue joined not to be used at trial without notice 198 filing of 201 time for 201 after 201 form of 200 illiterate persons, by 201 information and belief on 2C0 684 CONSOLIDATED ORDINANCES The figures refer to the top paging. Page. Judicature— Continued. Affidavits, accounts, verifying — Concluded. interlineations in 201 interlocutory motions on 199-200 interpleader » 220 jurat to, form, in case of blind or illiterate person 201 knowledge, not belief, to be sworn to except on interlocutory motions 200 Affidavits, motion, evidence on, by 199 paragraphs in, to be numbered 200 particular fact at trial ordered to be proved by 194 reply, in 202 scandal in, striking out 201 costs of application for 201 served, to be, when 164-235 service, of, contents of ; 202 to be filed, when 161 writ and claim to be marked exhibits 146 service out of jurisdiction, on application for leave for 147 swearing of, before whom 200 abroad, before whom 200 before whom not to be taken 202 time and place to be expressed 200 title of , 199 Amendment appeal, on 244 of notice of 244 application for leave for 179 clerical mistakes 180 costs of, generally 180 counterclaim, of 179 disallowance of improper 179 failure to make after order 179 general power to amend 180 judgments, of 180 leave, by 178 without 179 notice of appeal, of . 244 order giving leave for 179 not to be drawn up 237 orders, of ' 180 parties, as to. . . 149 pleadings of appeal on 244 counterclaim, without leave 179 costs of 180 dates of order and of 180 defendant, by 179 delivery, on 180 disallowance of 179 leave, by, at any stage, on terms 178 plaintiff may make once without leave 179 pleading after 179 statement of claim without leave 179 striking out ,. 179 time for '. 179 powers of 178-180 proceedings, defect in 180 terms, on 180 third party, procedure in 156 INDEX 685 The figures refer to the top paging. Judicature— Continued. Appearance action for recovery of land, in, as landlord 160 person in possession 160 addresses to be given with ■ 160 default of. See Default of appearance 161-164 defendant, entry by 159-161 time for 142 se^teral, some appearing, others not I65 » several, some served, others not 163 landlord not named in writ, by , 160- partners, by. See Partners 151 person, not a party by , 160 served with notice of judgment by 153 protest, under 152 recovery of lands, in actions for , 160 by person not party 160 limiting defence, notice of 161 service, setting aside, before 161 several defendants, some appearing, others not 1G2 served others_not 163 striking out. See Summary judgment 164 third party, by. See third party 155 time for, to writ of sammons 142 may be shortened 143 for service out of jurisdiction 148 writ, setting aside, before 101 Arrest of defendant 220-222 about to leave territory owing $100 220 defendant may be committed to jail 221 imprisonment not to discharge debt 222 order for arrest 220 security may be required before 220 to be dated day of signing 220 good for 12 months 220 copy sufficient for making arrest 220 special order 221 may be dismissed 221 officer to arrest within time specified 221 plaintiff to show cause 221 " Plaintiff " " Defendant " interpretation 222 Assignment. See change of parties 157 estate, pendente lite, of 157 carrying on proceedings after 157 Attachment of debts 217-220 affidavit for 217 application to set aside 217 costs, liability of garnishee , 219 defendant 219 of garnishee, payment of 218 delay by plaintiff 219 execution against garnishee 218 stayed till debt due by garnishee 219 exemptions from ■^1'' garnishee summons, when issuable 217 affidavit for 217 default by 218 dispute by 218 issue as to indebtedness of 218 discharge by payment or levy 219 686 CONSOLIDATED OEDINANCES The figures refer to the top paging. Page. Judicature— Continued. Attachment of debts — Concluded. judgment against garnishee 218 Government, garnishment against 218 service on 218 payment out of mone; s paid in by garnishee 217 service of summons, effect of 217 manner of 217 on defendant 217 setting aside . . 217 for non prosecution 219 suggestion of claim by third party 219 third party, claim by 219 procedure on 219 Attachment of goods. affidavits for writ 226 cases where issuable 226 delay by plaintiff 227 exemptions where no family remaining 226 perishable goods, dLsposal of 227 plaintiff to give security in certain cases 227 return of goods on security furnished 227 service of writ 226 security to be given by plaintiflf, when 227 release of goods when given by defendant 227 setting aside 228 sheriff, return and inventory of 227 duty of 227 subsequent proceedings 227 Audita querela, abolished 210 Award, motions to enforce or remit, requirements 235 Bailiff, term included in " sheriff " 136 Bill of exchange. joinder of parties to as defendants 149 loss of, defence of not permitted when indemnity offered 168 Cash under control of court. See funds in court. Cause, conduct of, judge may give, when 154 meaning of term 135 Cause of action, joinder of : 159 Cestuits que trusts, claims by, against trustee, not barred by statute of limitations 139 execution of trust, anyone may have judgment for 153 Chambers, proceedings in 238 adjournment of summons, further summons unnecessary 239 clerk to attend sittings in 140 costs thrown away by non-attendance 238 default in attendance, proceeding ex parte 238 ex parte proceedings where party fails to attend 238 ' reconsideration of 238 terms 238 judge may require notice to be given 239 judge in, may declare himself in court 137 motions. See motions and applications 235 • orders, date of 237 need not be drawn up, when 237 varying 242 originating summons, by. See originating summons 237 proceeding failing by non-attendance of party, costs 238 summons in, time for service 238 Change of solicitor 144 INDEX esT The figures refer to the top paging. Judicature— Continued. Change of parties. solicitor for plaintiff to certify I59 assignment, creation or devolution of estate pendente lite 157 capacity of party, change of 158 cause of action, surviving or continuing 158 death of parties 157-159 failure to proceed on 158 marriage of party I57 order to carry on proceedings 158 application for ex parte 158 service of 158 appearance by person ser\ ed 158 effect to' 158 discharging or varying 158 when person not under disability 158 when person under disability 158 default of application tor 159 persons interested coming into existence after action 158 successor made party on 158 Chose in action, interpleader regarding I39 vesting, order for I37 Class representation of, in suit 150 respresentation of unascertained 152 Clear days, how reckoned 251 Clerks of court 140-282 See Clerks and Deputy Clerks. absence of, provision for , 141 accounts to be kept by 141 books to be kept by 141 open to public 141 .duties of 140 office hours 140 vacancy in office, disposition of books, etc 141 who included in terra 130 Common law, equity to prevail where variance 140 Concurrent writ. See Writ of summons 143 Conduct of proceedings, judge may give to party, when 153 Confession of defence 172 Consignee, term ihcluded in Receiver 135 Constitutional questions, notice to be given legal adviser where Ordinances questioned. 155 legal adviser entitled to be heard on 155 Contract,.alternative, pleading 168 construction of 139 part performance when satisfaction 139 stipulations in, construction 139 Contribution or indemnity 155 defendant claiming against third party 156 defendant 157 Coroner, term included in Sheriff 136 Corporations, service of writ on 145 Costs. administration, etc 255 clerks fees 248 copy tariff to be posted 248 lunacy matters, in 255 court en banc, fees to clerk and counsel 249 discovery, of examination for 187 discretion of court as to 246 vent, follow, where trial by jury 246 688 CONSOLIDATED ORDINANCES The figures refer to the top paging. Page. Judicature— Continued. Costs — Concluded. executors, trustees, guardians, etc. , compensation to 246 fees payable in advance in certain cases 249' guardian ad liUm, solicitor of 247 interpreters 248,277,280 issues, of 247 judges to fix clerks' and sheriffs' fees ? 248 solicitors 24& jury 177,2^9,277 security for bond by, to whom given 247 cases in which ordered 247 manner and time of giving 247 service of writ, of 145 sheriff's fees 248 copy tariff to be posted 248 small debt tariffs 280-281 Solicitors fees 249 may be deprived of or ordered to pay, when 248 taxation of, notice of 248 review of 248 evidence on 248 tariffs in certain case-; 277, 280 third party procedure, in 156 witnesses 249, 280 Counterclaim— See Pleading. amend ment of, without leave 179 cross action, same effect as 165 defence of matter arising pending the action 172 defendant may set up 165 discontinuance, effect on 165 of ■ 178 dismissal of action, effect on 165 exclusion cf 165 judgment on , 165 default of appearance by plaintiff at trial 193 matters arising pending the action 172 misjoinder of plaintiffs, effect on 149 payment into court on 171 plaintiff improperly joined, against 149 pleading 165-166 reply to 166 how pleaded 166-167 matter arisen pending action 172 stay of action, effect of 166 striking out '. 177 striking out if not convenient to be disposed of in action 167 withdrawal of 175 Court en hanc. adjournment of sittings 242 quorum not present, when 243 appeal lies, when 213 general powers of court on 243 to be entered first opportunity 244 cases in which appeal lies 246 consent judgments not appealable except by leave 243 costs of appeals, powers of court 243 judgments as to, not appealable except by leave 244 INDEX 689 The figures refer to the top paging. Judicature— Continued, ' Costs, Court en banc — Concluded,. security for, when required 243 default in entry of appeals, etc 246 entry of appeals, etc., to be made promptly 240 evidence, further, on appeal 244 when question of fact involved 245 interlocutory orders not to prejudice appeal 245 judge, to whom application should be made, becoming unable to act, procedure 245 judgment of, delivery by one judge 246 jurisdiction in appeal 243 new trial, may be asked alternatively 243 in case of subtantial miscarriage 244 on any one question 244 "" notice of appeal, amendment of 244 contents 243 time for service 243 service on whom 244 security for costs, when ordered 243 for judgment pending appeal 245 stay of proceeding appeal 245 notice of appeal not a stay 245 Creditors. administration action by 239 advertisements for ; ; : 241 claims in chambers by 241 omission to file claim in time, exclusion 241 Cross examination, see afiBdavit, trial. Damages, ascertainment of, default of appearance in 162' assessment of, continuing cause of action 190' default of appearance in action for 162 defence to action for 167 injunction, in lieu of 140' inquiry as to 190 pleading as to — 167 reference to oflficer of court to ascertain. . 190 specific performance, in lieu of 140 Death of parties, see change of parties 157' action not to abate on 157 after verdict, entry of judgment 157" Default of appearance. affidavit of service to be filed before proceeding on 161 defendants, several, some served others not 162 defendants, several, some appearing others not 163 hearing, at 1 93 infant or person of unsound mind, by 161 judgment upon, administration or partition action in 163 damages, in case of claim for 162 and liquidated demand 163 mode of ascertaining 190 defendants not served, where some 163 detention of goods, claim for 162-163 land, recovery of, in action for 163 and damages 163 and mesne profits 163 liquidated demand, in case of claim for 163 several defendants default by some. . . 162 mortgage, lien or charge, in actions respecting 163 44 — ^y. o. 690 COKSOLIDATED ORDINANCES The figures refer to the top paging. Page. Judicature— Continued . Costs, default of appearance, judgment upon — Concluded. setting aside or varying 163 third party against 156 motions, notice of, in case of 236 pleadings, delivery of, by filing in , 160 proceedings on, in actions not specially provided for 163 service, indorsement of, on writ not necessary 146 of motions, in case of 236 substitutional, proof of claim, in case of 148 third party, by 156 trial at 193 writ of summons to be filed on 161 order dispensing with filing , 161 Default of iDleading, close of pleadings on 174 defendant, by, where action for debt or liquidated demand 174 several defendants 175 detention of goods and damages 175 several defendants 176 recovery of land . . : 175 with claim for mesne profits, etc 175 where defence to part only of claim 175 other cases 176 entry of judgment, in 174, 176 issue, by parties to 176 judgment on, setting aside 163 reply, by non-delivery of 174 third party, by 176 Defendant. See Parties. adding 150 added, service on 150 address of 142, 160 appearance by , 159 claiming contribution or indemnity against other defendant 157 third party. See third party 155 co-defendants, questions between, not to delay plaintiff 157 costs of where plaintiff improperly joined 149 counterclaim by , 166 death of. See change of parties 157 default of appearance by. See default of appearance 162, 165 discontinuance by 177 equitable claims by 138 counterclaim by ■. 138 jurisdiction, out of, issue of writ against 146 ■ marriage of. See change of parties 157 meaning of 136 not interested m all relief claimed ' 149 payment into court by 168 representative capacity of to be shown in writ 150 residence of to be given in praecipe for writ 142 service of writ on 145 substitutional 146 third party added by 155 who may be joined as 149 Deputy clerk included in term " clerk " 136 ordinance respecting 282 See Clerks and Deputy Clerks. Deputy Sheriff included in term '' sheriff " 136 INDEX 691 The figures refer to the top paging. Judicature— Continued. ^^^' Costs, Deputy Sheriff — Conclvded. ordinance respecting 288 See Sheriffs. Defence. See pleading amendment 1 170 1 q„ confession of ]^^2 judgment for costs on ^^72 contents of ' j^gg counterclaim by way of jgg See Counterclaim. equitable ]^3g damages, pleading to claim for iqj delivery of j^gg default in X74, 175, 176 time for IgO filing, time for j^gQ further and better jgg leave to put in under order X Ig5 limiting in action for recovery of land 160 matter arising pending the action 172 part of claim only, to I75 particulars of Igg payment into court before and with -. . 168-169 pleading, rules of 165, 166, 167, 168 service of 160 statement of, contents ] 65 striking out 168-173 for non-compliance with order for discovery, etc 182 tender before action, of 169 time for delivery of 160 enlargement of 160, 251 withdrawal of 178 Discontinuance, costs of action on 178 counterclaim may be proceeded with after 165 defence, before 177 defendant by, by leave 178 entry for trial, after 178 judgment for costs on 178 leave of court for 178 ' notice of 178 _order of judge, by 178 "plaintiff by 178 stay of new action brought before payment of costs of discontinued action . . . 178 subsequent action, when no defence to 178 taxation of costs on 178 terms for withdrawal of defence 178 withdrawal by consent , 178 of defence 178 Discovery, examinations for appeal from order of examiner 185 appointment for, issue of 183 non-attendance on , 185 service of 183 bodies corporate, officers of 183 certified copies of depositions 184 compelling attendance for 183 conduct money to be paid 183 of examination mode of '■ 183-184 copies of documents to be taken, when 184 44^ — Y. o. 692 CONSOLIDATED ORDINANCES The figures refer to the top paging. Judicature— Continued. Page Discovery — Concluded. corporations, officers of 183 costs of, inquiry as to , 187 objections by witness : ; : 185 cross examination and re-examination 184 depositions, certified copy, effect of 186 • filing of 186 form of 185 taken in shorthand, when 186 form and completion 186 to be read over and signed ■. 185 witness refusing to sign '. 186 documents, inspection of by examiner 184 production of, on, witness refusing to part with, copies to be taken , . . 184 evidence, use of examination in 186 examination, before whom to take place 183 costs of, inquiry as to w 187 explanatory 184 further on party's own behalf 184 party united in interest, of 184 rules of 188 where to take place 183 examiner, who to be 183 appeal from order of 185 may make special report 186 explanatory examination 184 officer of body corporate 184 jurisdiction, oat of 183 notice to produce documents on 184 objections by witness, costs of 185 decision of 185 to questions , 185 to be recorded 185 officer before whom to be held 183 officers of bodies corporate, of 183 order of examiner, appeal from 185 order special, noi necessary for 183 out of jurisdiction 183 parties liable to examination 183 party united in interest with person examined ' 183 penalty for non-attendance on 185 place of examination 183 production of documents on 184 re-examination and cross-examination 184 refusal to attend for examination 185 return of depositions to clerk 186 rules for examination 183 shorthand, use of, on . 186 special order for, not necessary 183 subpcena for, issue of 183 « disobedience to 184 time examination may take place 183 trial, u* of depositions in evidence at 186 witness, conduct of, report of examiner on 187 punishment of 187 fees 183 non-attendance, penalty 185 objections by 185 (and inspection) of documents 182 judicature— Continued . INDEX 693 The figures refer to the top paging. Page. Discovery, solicitor not notifying client of order ' affidavit of 180 application for, ex parte 180 attachment for failure to comply with order for 182 by and from whom obtainable 180 decision of question prior co 182 default in making 182 defendant, when required from 180 documents of 180 affidavit of. . . .*. 180 default in filing 182 documents of, affidavit of, objection to produce to be taken in 180 application for 180 order for 180 inspection. See documents 181 non-compliance with order for 182 order for, service on solicitor 182 parties from whom required 180 plaintiff, when required, from 180 production 181 reserving, pending decision of question 182 service of order on solicitor • 182 time for, by defendant .• 180 plaintiff 180 Discovery in aid of execution 21& 216 boi>ks and documents, production of 216 conduct money of person examined 216 corporation, officer of, examination 215 costs of examination 216 difficulty in enforcing judgment other than for money 216 disobedience to order 216 examination of judgment debtor 215 officer of corporation . . . . ; 215 clerk or former employee 215 transferee of debtor's property 215 rules of 216 natuie of examination 216 use of examination 216 Documents, production of. See discovery. admissions of • • • ^"' affidavit of. See discovery 1^0 cost of proving after refusal to admit 187 180 discovery of examination for discovery, production on 183 184 inspection of, application for bank and trade books 181 default in giving notice of time for 181 notice for, fixing time for 181 order for ^^^ persons to whom allowed 1°1 time for ^'^^ 187 notice to admit effect of on costs ^°' 181 inspect, time for produce on examination for discovery 18* , , , , 167 pleaded, how inspection of production of bankers' books, etc ' 694 CONSOLIDATED ORDINANCES The figures refer to the top paging. Page. Judicature— Continued. Documents, production oi—Conchided. f default in, after notice 181 examination for discovery, on 184 185 noncompliance with order for 182 notice for 181 order for 181 195 service of 182 penalty on non, after order 182 196 place of 181 possession or power of party, in 181 referred to in affidavits or pleadings 181 Engineers, judge may obtain assistance of . 241 England, laws of evidence applicable 140 forms used in 249 practice in, when applicable 141 Equity, rules to prevail 140 Equitable claims, defendant, by, court to entertain 138 counterclaiming 138 against third parties 138 plaintiff, by 137 equities appearing incidentally 138 Equitable defences : 138 waste 139 Estate for life, without impeachment of waste 139 Evidence, admissions of service by solicitors 148 affidavit, by, of particular fact 194 except where cross examination bona fde required 194 cross examination on 198 copies of records, etc., certified by clerk 196 documents, impounded, removing 195 examiner, may be taken by 194 to be sworn 194 examination of witnesses, order for 195 viva voce or by interrogatories 195 giving in evidence 195 witness entitled to conduct money 196 disobedience to order ; 196 copy proceedings for examiner 196 conduct of 196 mode of taking depositions 196 disobedience of witness 196 197 objections by witness 197 return of depositions 196 special report by examiner 197 use of depositions in evidence 197 examiner may administer oaths 198 for use in proceedings in cause 198 cross examination on affidavit 198 notice of intention to use at trial depositions taken before issue joined . 198 impounded documents, removal of 195 interrogatories, examination by 195 judgment on, taken by examiner 194 certified copy of 205 laws of England, as to, adopted 140 perpetuating testimony, action for .' . . . 199 production of documents, order for 195 renewal of writ of summons, of 144 taken in other causes, may be read 195 other than at trial, mode of taking 198 INDEX 695 The figures refer to the top paging. Page- Judicature— Continued. Evidence taken at trial, subsequent use of 199 witnesses, examination viva voce unless otherwise agreed 195 conduct money, entitled to 196 Examination, defendant of, on application for summary judgment 164 discovery, for 183 See Discovery. evidence, for use as , 195 198 See Evidence. Exchange of properties, proceedings where ordered 234 Execution creditor, term includes assignee 136 Execution 206 215 See Creditor's Relief Ordinance. audita querela abolished 210 bank notes, seizure of 211 bUls, seizure of 211 bonds, seizure of 211 change of parties, leave to issue after 209 » cheques, seizure of 211 corporation, against 210 costs, for 215 costs, against lands, money made on goods 213 of 215 taxation of 215 crops, growing, seizure of 212 date of 208 death of judgment debtor, upon 209 difficulty arising about , 216 direction to sheriff '■ ■ ■ ■ 209 discovery in aid of 21 5 costs of , 216 duration of • 208 effect of as against goods 210 equitable, originating summons for. See receiver 191 equity of redemption in goods, seizure of 211 expenses of 209 expiry of writ, sale after 213 firm, against 207 form where none provided 210 garnishee against 218 goods, effect of, as against » 210 equity of redemption in, seizure of 211 husband, liable or entitled on judgment against wife 209 issue by leave in certain oases 211 requirements on "0° judgment ororder on condition, condition not complied with 207 delivery of land for 207 mandamus, injunction, specific performance of 210 recovery of property other than land or money 207 213 special case, on decision after 192 to do act other than payment of money 207 in a limited time 207 or abstain from act of 207 land, for recovery of 207 213 and costs, separate writs 213 issue of, against 212 proceedings on sale of, under 212 214 return nulla bona to goods necessary 213 sale, time for 213 696 CONBOLIDATED ORDINANCES The figures refer to the top paging. Page. Judicature— Continued. Execution, land for recovery of, sale — Concluded. ad vertisement of 213 adjournment of 213 notice of 213 transfer form in certain cases 213 money made on goods, no costs allowed against Lands 213 return in such case 213 leasehold interests seizure of 211 leave to issue in certain case* 209 upon change of parties 209 death of judgment debtor. . . 209 third party, against 156 levy, what to be included in 214 • • mining claims, seizure of 211 money, for payment of 207 seizure of 211 mortgages, seizure of 212 notice to mortgagor '. ». . 212 nulla tona, return of 213 order, of, like judgment 209 to do act at expense of party refusing 210 partners against i , 207 payment of money, for 207 by sheriff, of money realized 212' person not a party, by or against 210 perishable articles, sale of, under 211 poundage, etc., levied upon 209 214 ' praecipe for 208 promissory notes, seizure of 211 renewal of 208 return of , 213 236 enforcing 236 sale under 211 in interpleader proceedings 232 sheriff, by ;: 211 notice of 211 securities, seizure of 211 separate, for debt and costs in certain cases 214 sheriff to whom directed 208 * seizure and sale by 211 payment by, of moneys realised 212 fees of to be deducted from levy 212 charges of, poundage, amount chargeable 214 on withdrawal or stay of execution 215 taxation of 215 revision of 215 six years after judgment, leave for 209 Execution, stay of ' 207-210 ■ on ground of facts arisen too late to be pleaded 210 on judgment against third party 156 taxation of costs of sheriff on 215 time for issued of 207-209 within six years 209 writ of, date of 208 directed to sheriff 208 duration of 208 expiry, proceedings after 213 form of '. 210 indorsements on .... 208 INDEX 697 The figures refer to the top paging. Page. Judicature— Continued. Execution, writ oi— Concluded. issue of, time tor 207-209 leave for 209 against lands 212 praecipe for 208 priority of 208 renewal of 208 return of 213-236 separate, for money and costs 214 Executors. actions by or against on behalf of estate •. 150 administration at suit of 153 originating summons for 230 attendance of on claim against estate in administration 154 costs and compensation of 246, 265 opinion, advice or direction of judge, application for 242 originating summons, by 239 Exhibits 202 See AfiBdavits. Experts. judge may obtain assistance of. 241 Express trusts. claim fif cestui que trust not barred by statute of limitations 139 determination of questions regarding 239 Eees., 246-249 V Hee Costs. Eirm ; 150-152 See Partnership. defendant carrying on business as, service on 151 Foreclosure. action for, default of appearance 163 originating summons for 234 Foreign judgment. action on, service out of jurisdiction 147 Eorm. adaptation of, in use in England 249 schedule of 271 Funds in court - 168-172 banking. See Payment into Court. cheques to be initialled by judge 172 deposit at interest 172 special account to be kept 172 conversion of securities, application for 172 infant or person of unsound mind, recovered by . 171 investment of 171 Garnishee " 217 See Attachment of debts. Guardian, official See Public Administrator. Guardian, accounts of, passing 22b ad litem '. .• 242 infants, of 255-261 lunatics, of 253-255 security by 261 Heir at law, administration judgment obtainable by 239 advertisement for claims by 241 not necessary party to action to execute trusts of will 152 originating summons by ■ • 239 representation of unascertained 152 Husband and wife, service on when both defendants 1^6 698 CONSOLIDATED ORDINANCES The figures refer to the top paging. Page. Judicature— Continued. Indemnity or contribution, defendant claiming against third party 1S6 defendant 157 Indorsement of addresses, etc., on writ of summons 144 of date of service of writ unnecessary 146 Infants, actions in which interested, service on public administrator 264 custody of 258 estate and property of 259 guardianship of 255-258 payment into court and investment of moneys recovered by 171 persons and estate of 258-259 interested coming into existence after action 157 pleading by. omission of denial in, no admission 166 public administrator may be guardian 265 service of writ of summons on 146, 161 public administrator for 264 notice of judgment on 154 wages, may sue for, as if of full age 140 Injunction, damages in lieu of 140 form and effect 224 interlocutory, order for 140, 224 service out of jurisdiction in actions for 147 wrongful act, against continuance of 224 Insolvency of parties, action not to abate on 157 Inspection of documents 181 See Documents. Inquiries, accounts, and ^ 188-189 conveyances, fraudulent, into 190-191 damages, as to 190 cause of action continuing, where 190 damages, as to on interlocutory judgment in default of appearance 162 defence 175 fraudulent transfers, into 190, 191 personal estate, as to outstanding 189 transfers, fraudulent, into 190, 191 originating summons for 190 order for sale after 191 interim injunction or receiver 191 Interlocutory orders. allowance out of estate, pendente lite 222 applications for , ^ 222 detention of property for 223 generally 222, 224 injunction, form and effect 224 against continuance of wrongful act 224 inspection, etc. , of property 223 by jury.;' 223 interim preservation of property 222 preservation of property, interim 222 sale of perishable goods, for 222 samples, authorising taking of ... . 222 Interpleader. adverse titles of claimants in 231 affidavit for 231 appeal in 232 cases in which granted 230 c/iosc in action, oonfliting claims to 139 claimants not appearing or being in default 232 costs 233 judgment upon 237, 239 special directions regarding 237,239 INDEX 699 The figures refer to the top paging. Judicature— Continued. Interpleader — Concluded. landlord, proceedings by meaning of. defendant, application by, time for stay of action discovery and inspection issue may be ordered powers of judge generally sheriff's interpleader claims in respect of which application may be made to be in writing notice of, to execution creditor not admitted, procedure admitted, procedure costs in case of withdrawal execution creditor, notice to by sale of goods seized several writs against same property ... security by claimant, redelivery special case, where question one of law .' stay of action where defendant interpleads summons, nature of order on summary disposal Interpretation of terms Irregularity. application to set aside proceedings for costs of time for fresh step after, effect of taking jurat of affidavit, in non-compliance with rules, by service, setting aside for waiver of writ, setting aside for Issue of process. personal application for Issues See Inquiries, Accounts. costs of to follow the event directed before granting discovery issuing execution garnishee, to determine liability of *. motion for judgment, on partner, to determine liability of alleged fact, when directed fraudulent transfers, concerning interple.ider See Interpleader. joinder of judge may direct preparation of may be ordered settling trial of Joinder of causes of action. exclusion, order for generally inconvenient for trial together Page. 237 135 231 231 233 232 233 231 231 231 231 231 231 "231 231 231 232 233 233 232 232 231 232 232 135, 136 250 250 250 250 201 250 161 250 161 140 188 247 182 209 218 203 208 188 191 232 174 188 188 188 188 159 156 159 •700 CONSOLIDATED ORDINANCES The figures refer to the top paging. Page. Judicature— Continued. Joinder of causes of nciion— Concluded. issue close of pleadings 17^ default of pleading, by 174 reply, by 174 parties of 149 See Parties. Judge in chambers. acting as in court 137 Judgment. amendment of clerical errors in 180 antedating of 205 application for summary 164 • clerical mistakes in 180 clerk to enter and record 140, 205 conditional, execution of 207 waiver of 206 confession of defence, for costs on 17& consent by, defendant to be represented 206 proof of consent 206 copies, certified, effect 205 costs for, where money paid into court in satisfaction of claim 170 counterclaim on 166 date of 203-205 death of parties after 209 declaratory, may be asked for 174 decree included in 136 default, by, against infant or lunatic 161 of appearance 161-163 See Default of Appearance. * of pleading 174-176 See Default of Pleading. setting aside or varying 163 substitutional service, where 148 delivery of land, for enforcing 207 demand, waen not required after 206 directions in for accounts, etc 189 discontinuance, on 177-178 dismissal, of, on plaintiff not appearing ..::;.. 193 enforcing, against corportion 210 difficulty in 216 for payment of money 207 See Execution. * for recovery of land . . 207 property 207 ordering doing or abstaining from some act 207 entry of, affidavit, on production of 206 certificate, on production of 206 date of 203-205 document, on production of 220 order on production of 6O9 production of documents, on 206 recording at length 205 error in 180 execution of 207 See Execution. firm, against, enforcement 207 INDEX 701 The figures refer to the top paging. Judicature— Continued. J udfrment— Concluded. garnishee against 218 includes decree 130 indorsement on copy of, for service 205 interlocutory, in default of appearance 162-163 pleading 175-176 mandatory, carried out at expense of disobedient party 210 mistakes in i Djq motion for 203-204 application may be turned into 204 appearance, notice of before 204 admissions, on 188 finding of jury, setting aside 203 inferences of fact, court may draw on 203 judgment of court to be obtained by 203 wrong, where 203 notice of motion for, before appearance 204 setting down action on 203 setting down action on, time for 204 trial of issues, after 203 trial, after 203 standing over , 204 turning application into 204 notice of 153-154 advertisement, by ^ 241 appearance by person served with 153 application by party served to discharge, vary or add to 153 time for 153 attendance of proceedings by persons served with 1.53 service of, effect of 153 memorandum of 153 on persons interested in estate under disability 154 obedience to without demand 206 omission in, correcting 180 orders enforceable as 21 originating summons, on 237 partners against 207 personal estate, for account of 206 post dating 205 recording at length 205 recovery of land, for 207 satisfaction of 206 setting aside, default, on 163 of appearance 163 third party, by 156 trial at 193 where wrong, on finding of jury 203 slip in, correcting " 180 special case on 192 stay of proceedings under, in case of appeal 245-246 summary 164-165 See Summary Judgment. third party, against 15.5-156 time for doing any act, must be stated in 205 Jurisdiction to be exercised as in England if no other provision 136 Jury, payment into court not to be communicated to 171 trial by, in civil cases 177 See Trial. See Juries. 702 CONSOLIDATED ORDINANCES The figures refer to the top paging. Page. Judicature— Continued. Land action for recovery of, against overholding tenant 237 appearance in, of person not named as defendant 160 limitation of defence to be stated 161 default of appearance in, judgment upon 163 pleading in, judgment on 175 appearance by landlord 160 mortgagor, by 139 person in possession, not defendant, appearing in 160 service of writ where possession vacant 146 out of jurisdiction 147 Land, judgment for recovery of, enforcing 207 separate execution for costs.. 214 originating summons against overholding tenants 237 suits for possession, by mortgagors 232 trespass or other wrong, by mortgagors 139 Landlord and tenant See Laud. mortgagor entitled to possession may sue or distrain 139 originating summons against overholding tenant 237 Law and equity, variance between, equity prevails 140 Legatee, administration at suit of any residuary legatee of legacy charged on land 152 Lien, action for sale or reiemption, default of appearance in 163 Liquidators, accounts of, passing 226 Loss of negotiable instrument defence excluded when indemnity offered 168 Lost writ copy may be sealed in lieu of 144 Lunatics, admissions in pleadings, none by want of denial 166 guardianship and disposition of estates of 253-255 jurisdiction of court regarding 139 meaning of term ; 136 public administrator may be guardian 265 service of writ of summons on 146, 161 Manager, included in term Rsceiver 135 Mandamus, claim for 224 interlocutory, application for 139, 225 judgment for 225 enforcement of 224 protection of person acting vinder 224 time for performance of duty commanded 224 writ not to be issued 225 Marriage, action not to abate on 157 Matter, meaning of term 135 Matters arising pending the action 172 in controversy, final determination 138 Merchants, judge may obtain assistance of 241 Merger, none in law where not in equity 139 Minor. See Infauts. may sue for wages 140 Moneys in court. See Funds in Court. Mortgage, action on, claiming foreclosure, sale or redemption, default of appearance 163 originating summons for sale, foreclosure, redemption or possession 234 Mortgagor in possession, rights of 139 Motions and applications, adjournment of hearing 236 where persons not served 236 affidavits, to be served, when 235 before appearance 236 chamber motions to be by summons 235 court motions, etc., to be by notice 235 dismissal where parties not served 236 ex parte, when authorised 235 orders may be made to avoid irreparable mischief 235 setting aside or varying 235 INDEX 703 The figures refer to the top paging. Judicature— Continued. Motions and applications — Coiwludcd. grounds to be stated in certain oases 235 judgment for See Judgment. notice of 236 length of 235 service before appearance 236 on non-appearing defendant . 236 orders cases in which need not be drawn up 237 notice of in such case 237 date of 237 preliminary questions may be decided 236 sheriff, notice to return writ, etc 236 effect of ^ 236 Multiplicity of proceedings to be avoided 138 Negotiable instruments, loss of, defence excluded when indemnity given 168 Next of kin, administration action by 152, 239 advertisement for claims by 241 originating summons by 239 representation of unascertained 152 Non-compliance, effect of 250 See Irregularity. Not guilty by statute, defence of , 166 other defences excluded unless leave granted 166 Notice of action against public officers 249 judgment, of, to be given, when 153 pleaded, how to be 167 trial of 177 Oath, includes affirmation 136 Official guardian. See Public Administrator. Order of Court, not invalid as against purchaser, etc 140 Orders amendment of errors in 180 clerk to enter and record 140, 205 consent, appeal from 243 date of 237 drawing up, not required, when 237 notice of 237 enforceable like judgments 209 entry of 203 errors in 1°" includes rule ^°° indorsement, copy of, for service ^ 205 mandatory, carried out at expense of disobedient party 210 notice of, where not drawn up 237 service of ^'*° substitutional 1^^ setting aside or varying 242 Ordinances validity questioned in action, notice to be given legal adviser 155 Originating summons administration of estate of deceased and of trust, for 239 accounts, concernimg 240 appearance to ''"" judgment upon 23S delivery of possession for 234 determination of matters relating to express trusts and administration 239 evidence on executors, applications by 239 foreclosure for form hearing of may be advertised issue of 234 23r 240 704 CONSOLIDATED ORDINANCES The figures refer to the top paging. Page. Judicature— Continued. Originating summons — Concluded. judgment upon 237, 240 special directions regarding 237, 240 landlord, proceedings by ■- 237 meaning of ; 135 mortgages respecting 234 possession, recovery of, by landlord foi 237 mortgagor or mortgagee for. 23* proceedings which may be commenced by 237 public administrator, by 264 reconveyance, for 234 redemption for 234 return of, time for .' 237 sale under mortgage, for 234 sealed, to be 237 service of, manner ' 238 stay of proceedings, for 239 time for return of 237 . trusts, in matters, affecting 239, 242 Particulars ordering 166 order not to operate as stay or extend time 166 Parties absent, representation of 152 action not defeated for want of 150 adding 150 application for 150 by judge at any time 150 change of interest, on 158 defendant . . i 150 adding, plaintiff ... 150 service on 150 administration actions, to • 152, 1.53 to, to be served with notice of judgment 153 administrators may represent estate or beneficiaries 150 amendment as to 150 appearance by persons not 160 bills of exchange, to actions on 149 cestui! que trust, one of, may have decree for execution of trusts . . 153 — represented by trustees • 150 capacity of, change of 158 change of 157 See Chang'e of Parties. class represented by some members 150 trustees , 150 costs, by reason of misjoined plaintiff 148 counterclaim not affected by misjoinder of plaintiff 149 death of 157 deceased, representation of 154 defendant adding 150 alternative claims against 149 claiming contribution against third party 155 jointly and severally liable 149 need not be interested in all relief claimed 149 representative capacity of, statement of claim to show 150 who may be joined as 1*9 doubt as to 150 executors and administrators representing estate or beneficiaries 150 heir at law not necessary party to action to execute trusts of will 152 infants See In£ants. INDEX *705 The figures refer to the top paging. Page. Judicature— Continued. Parties — Cmicluded. joinder of, as plaintiffs severally or jointly and severally liable on same contract 149 two or more defendants when plaintiff in doubt 149' joint claims by 159' legal personal representative, where no 154 legatees, to administration actions by 152 lunatics, as : See Lunatics. marriage of 157 meaning of , 136 misjoinder 149-150 effect of, on counterclaim 149 motion to add, strike out or substitute 150 next of kin as, may have judgment for administration ... 152 non-joinder, effect of 150 numerous, having same interest 150 partners _ 150, 152 See Partners. persons liable on the same contract 149 not parties, how far bound 153 served with notice of judgment, to be 153 plaintiff, adding and substituting 150 death, marriage or insolvency of 157 doubt of, as to parties 149 joint claims by several 149 mistake as to 149 who may be joined as 149 protection of ijroperty, actions for 153, 262 representation, numerous parties, in ease of 150 representative, legal, where no 154 of heir, next of kin or class 152, 154 plaintiff in actions to prevent waste, etc 153 residuary legatee may have judgment for administration 152 service on added 150 striking out and adding 149, 150 application for 149,150 by court or judge 149, 150 substitution of 150 suits by some on behalf of others 150 to prevent waste 153 third, rules as to 155 See Third Party. 150 trustees as. trusts, to actions for execution of 152 unascertained, representation of 152 want of, cause not defeated for 150 waste, in action for 153 wrong plaintiff Partition, action for, default of appearance 163 proceedings where ordered 234 Partners, appearance by individually where sued as firm 151 person having control of business but not a 152 disclosure of names,of application for ' • ■ = 151 demand for 151 stay in default of 151 207 execution against ^"' leave for when required ; 208 45— Y. o. •706 CONSOLIDATED ORDINANCES The figures refer to the top paging. Page. Judicature— Continued. Partners — Concluded. firm, person trading as . . .^. , 152 firm name, may sue or be sued in 150 judgment against firm, effect of 208 as against partner out of jurisdiction 208 names of, to be given, when 151 service of writ on 145, 151 mode of 145 notice of, in what capacity 151 where partnership dissolved 151 Part performance of obligations, when satisfaction 1.S9 Payment into court, acceptance of sums paid in before defence 169 admission by 168 amount in dispute, of 168 appropriation, on 168, 170 Payment, consolidated actions in 170 oonver.sion of securities, notice of application for 172 costs after 170 counterclaim, in answer to 171 debt or damages, in actions for 168 defence, to be signified in 169 defendant may make, before defence 169 notice of 169 after defence 168 with defence 168 denial of liability with 168 deposit in bank 172 dispute, of amount in ^ 168 infant, money awarded to 171 investment on 171 jury iiot to be informed of 171 libel action, none if liability denied ■ 168 notice of 169 originating summons for 239 persons under disability, moneys recovered by 171 plaintiff may make, as answer to counterclaim 171 not accepting 171 pleading 168 refusal of amount paid in 170 satisfaction of claim, in 168 counterclaim 171 acceptance of, in action 169 form of 169 slander, in actions for 168 tender, with defence of 169 time for 169 Payment out of court, acceptance by plaintiff of sum paid in, on 169 cheques to be initialled by judge 172 . defendant's liability not denied, where 169 denial of liability, where 169 money recovered by infant 171 order for, when required 171 payment into court before defence, of 169 plaintiff's request th certain cases, on 169 tender set up, where 169 Performance of obligations, part, when satisfaction 139 Perpetuating testimony 199 Person, meaning of 136 of unsound mind. See Lunatic. INDEX *70*7 The figures refer to the top paging. Judicature— Cuntinued. Petitioner, defined , 136 Plaintiff. See Parties. adding 150 address to be given on writ > 144 death, marriage or insol vency , I57 equitable claims by I37 may not serve writ I45 meaning of I35 not to be delayed by questions between defendants I57 representative capacity of, statement of claim to show 150 striking out or substituting I49 who may be joined as ; 148 Pleading admission in 187-188 See Admissions. allegations of fact in, each party' to deal specifically with 167 alternative contracts 167 amend, applications for leave to 179 amended, delivery of 180 amendment of 178 See Amendment. close of 174 condition precedent, performance of .' 166 constitutional questions, raising 155 contents of •. .... 165-166 contract, alternative 168 implied from letters 168 bare denial of how construed 168 conversations 168 counterclaim 165 See Counterclaim. reply to 166 damages, allegation affecting . . 167 dates, etc., in 165 default of . ■•. 174 See Default of Pleading. delaying matter in 168 delivery of, amended 1 80 at address for service 144, 159 enlargement of time for 251 vacation in » . . .' 251 where no address for service 144-159 denial of allegations cf fact to be specific 167 contract, of 1°7 .evasive, must not be 1"' general, not sufficient 16' point of substance • 1"7 departure ^^^ documents, effect only of, to be stated in 167 embarrassing matter in 168 !-'ee Striking out. enlargement of time for . . . • 2ol evidence, not to be stated ^"^ facts relied on must be set out in 165 figures to be used in i •. filing, vacation excluded from time for. 251 form, no technical objection for want of 168 fraudul 45 J — Y. Q fraudulent intention 1°' 708 CONSOLIDATED OKDINANCES The figures refer to the top paging. Judicature —Continued. Pleading — Concluded, grounds of defence or reply to be in 166- implied contract or relation 16S improper, costs of may be disallowed 168 inconsistent, not to be 166- knowledge 167 law, presumption of 16& raising points of 173 letters, contract or relation implied from . . •. 168- malice, fraud, knowledge, etc 16? material facts, to state 165 matters arising pending the action 172' meaning of term 136- mind, condition of 167 negative pregnant ■ 167 new ground of claim 166 matter arising after action brought ' ' 172 not guilty by statute, plea of 166 notice as a fact 167 numbers in .-. 165 ordinances, questioning validity of, to be served on legal adviser 155 paragraphs to be divided into 165 particulars may be ordered 166 payment into court with defence 168- point of law, raising 173 substance in 167 posting when no address for service 144, 159' prejudice, matters of , in 168 presumpt'ons of law ' 168 printed or written, may be 168 raising points of law 173 relation, implied 168 reply 173 See Reply. by leave, subsequent to 174 to counterclaim, in 166-167 scandal in 168 See Striking out. setoff 165 See Set off. specific denial in, when required 167 striking out 168 See Striking out. when no ground of action 17 subsequent to reply 174- technical objection to 168 tender 168 time for, applications for 251 computation of 251 in vacation 251 subsequent to reply 174 unnecessary matter in 168 costs of 168- vacation, not necessary in 251 written or printed, may be ■ • 1°* Pluries writs 250' Possession . mortgagor may sue for, in own name 139 originating summons for, under mortgage 234 Judicature— Continued. INDEX '709 The figures refer to the top paging. Page. Practice and procedure of England when applicable 141 rules of, judges may frame 141 Preservation of property, interim 222 Probate and administration. See Administration. accounts of administrators to be filed 264 ancillary, grant of , 261 security on application for 261 application to pass accounts 239 264 citations, summons and notices 262 creditors and others, order to send in claims 262 verification of claims 263 securities to hn valued 263 negotiable instruments 263 omission to value j. 263 executors and administrators, remuneration of 246 265 See Public Administrator. proceedings by /. 264 representation of estate pendiYig grant 262 security by administrators 261 proceedings on 262 waste, proceedings to restrain pending grant , . . 262 process issuer when included in " clerk." 136 Production of documents. See Documents, production of Promissory note joinder of parties to, as defendants 149 loss of, no defence where indemnity offered 168 Property, preservation, interim 222 protection of, representative action for 153 Public administrator and official guardian. See Administration. administrator, ad litem 262 costs and compensation to 265 guardian ad litem 264 infants, actions against, service on 264 originating summons by, as creditor 264 remuneration of 265 Public officers, actions against, limitation 249 notice of 249 Purchaser, orders of court not invalid against for want of notice, etc 140 Receiver, accounts of, books to be deposited 225 passing 226 allowance to ^ 225 balances, payment of 225 neglect of 225 default by, in accounting, etc 225 filing and passing accounts 225 interlocutory application for 140 Cleaning of 135 salary of 225 security by 225 Itecovery of land. See Land. Redemption, action for, default of appearance in 163 originating summons for 234 Reference. See Inquiries, Accounts. as to damages ■ 1"0 Renewal, writ of execution of • 208 summons, of l^* Rent. See Land. 110 CONSOLIDATED ORDINANCES The figures refer to'the top paging. Judicature— Continued. Page. Replevin, affidavit for 228 bond to be taken 229 assignment of 22? form of 27.5 defendant's rights, on 229 concealment of property 229 issue of writ, when authorized ■ . . . . .... .... 228 return of property, on security being furnished 22& assignment of security in such case 229 by sheriff, to writ 230 service of writ 229 Reply. See Pleading'. close of pleadings, on default in delivery of ,174 counterclaim to 1 66 default of reply, effect , 174 denials in, must be specific 167 further, of matter arising pending action .^ 172 joinder of issue, by 174 matter arising pending action, of 172 omission of, effect 174 pleading, rules of 165 168 subsequently to 174 pleading, time for 17S enlargement of 173, 251 Representative capacity of plaintiff or defendant, statement of claim to show 150 heir at law, of 152 next of kin, of 152 immerous persons or class, of 150 unascertained class, of 152 Residuary devisee or heir, administration at suit of 152 originating summons by 239 legatee or next of kin, administration at suit of 152 originating summons by 239 Rules of court existing, continued 141 judges may prescribe 141 meaning of 136 Rules of law 137 Sale action for, default of appearance 163 judgment for, notice to persons interested but not parties 153 originating summons for, under mortgage 234 procedure where ordered by court .... 234 Sales of land by order of court approval of judge to be had 234 conveyance, parties to ; 234 mortgage, proceedings for sale under 234 order for ". 234 parties bound by 234 modes of carrying out when ordered by court 234 Scientific persons judge may obtain assistance of 241 Service ^. admission and acceptances by solicitois 148 address for, plaintiff to give 144 service if omitted 144 defendant to give 160' service if omitted 160 INDEX 711 The figures refer to the top paging. Judicature— Continued. i^age. Service — Concluded. defendant not appeared, on i Pq pleadings, proceedings, etc ■, .o substitutionally j^^o posting in clerk's office, by -^^^ jgQ of writ of summons, affidavit of, writ and claim to be marked as exhibits to 146 agent, on, of defendant out of Territory I45 corporations, on 245 defendant's whereabouts unknown I47 added on j^go fees for, to whom allowed j^ j5 firm, defendant carrying on business as : . . 146 indorsement of service unnecessary 146 infant defendant ]^4g husband and wife defendants 14g land, in action to recover, where vacant possession 145 lunatic or person of unsound mind 146 original served in mistake 14g partners, on jgi notice of capacity in which served 151 dissolution, after I5I personal ;^45 plaintiff may not effect I45 several defendants, some not served, procedure 162 who may effect I45 Service out of the jurisdiction. application for leave for I47 cases in which allowed , 146 concurrent writ for I43 defendant's whereabouts unknown, order for, may be dispensed with 147 order for, to limit time for appearance 147 partner not necessary on, where firm served within jurisdiction 150 substitutional service may be allowed 147 Set off. See Counterclaim. Setting aside. judgment by default 163, 193 service of writ 161 order for ." 161 writ of summons for irregularity 161 Setting down for trial 176 See Trial. Sheriff, enforcing return by ' 236 meaning of 136 Short title of Ordinance 135 Sttings of court. adjournment of 251 court en banc 242 court e« 6onc, of 242 single judge, of 137,251 Small debt procedure. action, entry of 266 address of parties 266 claims for debt under $100.... 266 particulars of 266 clerks fees 270,280 712 CONSOLIDATED ORDINANCES The figures refer to the top paging. Pa6e, Judicature— Continued. dispute, plaintiff to be notified of 267 notice of 268 striking out .^ 268 genenal procedure, application of 270 indorsement of process unnecessary 270 interpreter's fees 270, 281 informalities not to avoid 270 issue of summons 269 judgment by default 267 setting aside 268 particulars of claim 266 service of notices, etc 269 out of jurisdiction, order for, when not necessary 267 set off or counterclaim '. . 268 sheriff's fet^s 276,281 solicitor's fees 269 Small debt summons, issue of 266 return to clerk after service 267 suit erroneously brought in general procedure, costs 269 time for dispute 2(i7 trial, setting down for 268 notice of 268 representation of parties at 268 postponement, application for 269 witness fees ... 270, 281 Sollicitor, abatement of action to give notice of 159 acceptance and admissions of service by, evidence of 148 address to be furnished on issue of writ by 142 address to be indorsed on writ 144 for service when required 144 omitted, service in case ^ . . 144 change of, how effected 144 disclosure as to whether writ issued with his authority 144 employment of, after party acting in person 145 Sjieoial case, agreement to pay money according tn judgment on .... 192 cause or matter, in any 192 consent by 192 contents of 192 costs of 192 court may draw inferences on 192 documents referred to in 192 entry of judgment on, for agreed sum 192 evidence on, where parties under disability 192 inferences of fact or law may be drawn on 192 in interpleader 232 judgment on, agreement for 192 execution on ^.192 order of court by 192 paragraphs, division into 192 parties to 192 setting down of, where parties under disability 192 trial of preliminary question of law by 192 Specific performance, damages or other relief may be given in lieu of or in addition to 140 Statement of claim. See Pleading. amendment of 178-180 causes of action, joinder 1.59 copy to be attached to writ ■ 142 filing on issue of writ 142 further and better . ^ 166 INDEX ^IS The Bgures refer to the top paginff. Page, Judicature— Continued. Statement of claim — Concluded. pleading, rules of 165-1G7 representative capacity of parties to be shown 150 striking out 168,173 Stay of action or proceedings, solicitor repudiating issue of writ 144 appeal pending. 245 partners, nondisclosure of names, on 151 trustees, executors etc., applications by 23fl Striking off roll, motion fbr, requirements 235 Striking out appearance 164 See Summary judgment. pleading, disclosing no cause of action or answer 173 embarrassing, prejudicing, scandalous or unnecessary . . 168 Subpoena, for examination in cause 199 for cross examination on affidavit 198 for proceedings in chambers 199 service of 199 Substitutional service, pleadings and suit proceedings, of 148 writ of summons 147 defendant's whereabouts unknown 148 entry of judgment, where served substitutionally, proof of claim 148 jurisdiction, out of 148 land, action for recovery, vacant possession 145 personal service impossible 116 Summary inqtiiries into fraudulent transfers 190-191 See Inquiries. Summary judgment, aijplication for, where liquidated demand 1 64 affidavit in support of 164 to be served 164 cause, showing, by affidavit 164 bringing in amount claimed 164 cross examination on affidavit 165 subpoena for 165 documents, production on 165 summons, by 164 service of 164 unliquidated demand included I64 leave to defend .• 16^ conditional 165 order for, where no cause shown 164 part of claim, for 165 Supreme Court of Judicature in England, practice in, when to be followed Ill Taxation of costs 248 See Costs. Tenant for life, equitable waste, not to commit 139 Third party, adding ^^^ admission by non-appearance 155 appearance by ^^'' time for 1^55 default of - ^56 leave for, after default 156 costs, generally ^°'^ defendant claiming against co-defendants may adopt procedure 157 directions as to trial ■'■56 application for 150 general may be given l^'' prevention of delay to plaintiff l''^ execution against, where judgment by default of appearance 156 *714 CONSOLIDATED ORDINANCES The figures refer to the top paging. Page. Judicature— Continiied. Third pavty— Concluded. t judgment against 156 judgment, default of appearance, on 156 setting aside 156 between defendant and 156 liberty to, to defend action or appear at trial 156 notice to, application for . 155 time for 155 , filing of 155 service of 155 time for 155 contents of 155 writ to be served with 155 plaintiff not to be prejudiced or delayed by 157 trial of liability, directions as to 156 Time. abridgment of *■ 260 appearance to writ of summons, for v 142 may be shortened 143 for service ex juris 148 clear days, how reckoned 250 contracts, in 139 enlargement of 250 expiring on holiday 250 service of papers, for 250 six days, where less than 250 Trespass. injunction to prevent 139 mortgagor may sue for in his own name 139 Trial See Evidence. adjournment of, terms 193 cross-examination, disallowing questions in 194 defendant appearing plaintiff not 193 default, judgment by, setting aside 193 judgment by default at, setting aside 193 delivery of, at or after trial 194 motion for, not necessary 194 jury in certam cases • 177 costs of '. ■ 177 order for 177 verdict to be unanimous 177 neglect to set down pursuant to order 177 notice of 177 omission to prove material fact at 193 plaintiff appearing, defendant not 193 postponement of trial, terms 193 separate, of different causes of action 159 setting cause down for 176 in vacation 252 speeches to jury, regulated .- 194 third party, liability of 7 156 , withdrawal of cause 178 Trustees ^ See Parties. actions by or against as representing estate, etc 150 application by, for opinion and direction of court 242 claim against on express trust not barred by statute 139 judgment for execution of trusts at suit of 153 originating summons by, for determination of questions 239 stay of actions on application of 239 INDEX ^715 The figures refer to the top paging. Judicature— Continued. ^*^®' Trust. express, action by c. q. t. not barred by statute of limitations X39 heir not necessary party to action for execution of 154 judgnjent for execution of ,k» originating summons in matters relating to 239 representation of parties in actions for execution of 150 Vacant possession, service where, in action to recover land Vacation. contested business excluded in default judgment ^ 052 ex parte proceedings 059 office hours of clerk in , ^.n motions to set down maybe heard in 252 period of. '" 252 pleading in, extension of time 252 rules as to .' taxation of costs in Vetting orders. jurisdiction of court to make j3y mortgage proceedings, in 234 Wages. Waste; Writs. 145 252 252 252 minors may sue for j^^q actions, to prevent j 39 139 equitable, tenant for life not to commit. . injunction to prevent jgg alias or pluries 250 attachment of goods 226 See Attachment of Roods. execution 207 See Execution, garnishee 217 See Attachment of debts, replevin 228 „^ . , See Beplevin. Writ of summons. action to commence by 142 alias or pluries 250 appearance to, time for 143 may be shortened 143 where service ex juris 149 (derk to issue on personal application 140 concurrent form and issue 143 maried " concurrent " , 143 renewal of 143 service out of jurisdiction, for 143 return of, time for 143 may be phortened 143 concurrent, service of original, instead of 143 copy for service, claim to be attached to 142 date of issue to appear on writ 142 duration of 143 filing before judgment by default of appearance 1 62 indorsement, address of plaintiff and solicitor 144 for service of plaintiff 144 occupation of plaintiff suing in person 144 716 CONSOLIDATED ORDINANCES The figures refer to the top paging. Page. Judicature— Contiiined. Writ of summons, indorsement — Concluded. residence of plaintiff suing in person 144 service, of date of, unnecessary 146 issue of, praecipe to be filed 142 contents of 142 statement of claim to be filed on 142 lost, where, copy may be sealed in lieu of 144 original seived in mistake, dispensing with proAiction 146 renewal of, application for. ... » 143 duration and effect of renewed writ 143 evidence of 144 return of , time for 143 may be shortened 143 where for service ex juris 147 service out of jurisdiction, for 146 Juries Juror, qualification for 311 exempted persons 311 shall not be called \ipon morethan twice in one year 311 Jury list to be prepared by sheriff and clerk of court 311 Special list to be prepared by clerk 312 to contain 24 names 312 Striking panel, appointment and notice 312 Criminal matters, special list to be prepared by clerk 312 constitution of panel 312 Precept to summon jury 313 in civil cases to issue to party 313 in criminal cases to sheriff 313 Summoning jury 313 Return of precept by sheriff 313 Omission to obey summons 313 penalty 313 enforcement of , 313 Selection of jurors 312 Special jury 313 costs of, to be paid by party applying for ' 313 on taxation allowance not i;o exceed costs of common jury 313 Sheriff's and clerks remuneration for jury list 313 Schedule 314 Form A. Precept to sheriff 314 Form B. Summons for jurors 315 Justices of thd Peace. Interpretation of term 5 Jurisdiction, local 5 Klondike City, limits of 574 Land held by two or more persons. Tenancy in common unless contrary intention evidenced 329 Landlord and tenant. Rights of distress for rent limited 320 Costs of distress 320 Legal Profession. Barristers, roll of ^ 392 custody of 392 admission and enrollment of 393 persons entitled to practise and be enrolled as 393 INDEX *J1^ The figures refer to the top paging. Page Legal Profession— Continned. Barristers, roll of- Condnded. oath of 402 to be officers of court 398 assisting unauthorized persons to practise 398 suspension and disqualification of, proceedings for 398-399 notice to legal adviser of proceedings for 399 of striking off roll or suspension 399 effect of 400 notice by Territorial secretary to judges, of 400 re-instatement of by court en banc 400 notice to Territorial secretary of application for 400 unauthorized person practising as, proceedings against and punishment of 400 Clerks articled 394-397 Disciplinary powers of court . . 398 Style of proceedings 399 Examination of articled clerks 396 Fees for admission and enrollment, and annual fees, etc 394, 395 Proceedings for breach of ordinance may be instituted by legal adviser 401 Roll of barristers and solicitors 392 to be kept by territorial secretary 392 striking off for nonpayment of fees, and re-instatement 396 striking off for misconduct 398 Short title of ordinance 392 Student of law, examination, etc., of 394, 397 improper conduct of. 400 See Benchers election of Lien Notes 368 See Hire receipts and Conditional Sales of Goods. Liens of Mechanics and others 438 See Mechanics' liens. Liens of Miners 444 See Miners liens. Limitation of Actions. Actions on simple contracts to be commenced within 6 years , 318 The Real Property Limitation Act 1874 in force in Territory ^'18 Liquor License. Accommodation in hotels "^° licensee refusing, penalty 613 stabling 603 Action. See Suit. Agent, principal liable for certain acts of "15 occupant liable for certain acts of "^1 Appeal, no ^*"' no, except where provided Application for license. accommodation required in hotels adjournment of hearing applicant to attend personally ■ bar, provisions as to not observed certificate of result to be forwarded chief inspector 604 character of applicant, if objected to notice to be given Chief inspector, to be sent to company, by decision of board final evidence on, how taken fees on 603 605 605 606 606 603 601 606 605 602 *718 CONSOLIDATED ORDINANCES The figures refer to the top paging. Page. Liquor License— Continued. Application for license — Concluded. form of petition 627 hearing and determining 605 adjournment of 605 license not to be granted disqualified person 616 issue of r05 manner and time of 605 married woman, by 607 objections and protests 606 by inspector 605 by board itself 606 out of regular period 605 papers to be produced by Chief inspector to board 604 open to public inspection 604 partnership licenses 601 permits for race meetings, etc 602 persons entitled to be heard on 605 refusal of, for unfitness of applicant 606 refused not to apply for one year 606 removal, applications for 608 report of inspector 603 use of 604 may be dispensed with, when 606 time of 603 application at other than regular period 605 transfer, applications for 608 witnesses may be summoned and examined on oath 622 Assisting person to escape 615 penalty 615 Auctioneer selling liquor, part insolvent's estate 598 Bar, elections, to be closed during 610 evidence of sale of liquor 621 hours during which may be open 610 one, only, to be kept 610 requirements not observed, license may be cancelled 612 sitting room to be distinct from 603 See Penalties. Bills and notes, for quantities less than one gallon 626 Board of license commissioners. appointment of 598 causing license to issue illegally, penalty C14 chairman and secretary 599 expenses 599 meetings of 599 may be ajourned r. 599 for considering applications 599 chief inspector may call 599 not to accept bribe 614 oath of commissioners 599 powers of justices at hearings 605 quorum, in absence of, meeting to be adjourned 599 regulations by, proof of 6^ remuneration ... 599 Secretary 599 term of office 598 to sit in June ' 599 Bonanza License fee in 002 Bribery of chief inspector or inspector 614 INDEX 719 The figure" refer to the top pacing. Liquor License— Cootinued. Cancellation of licenses by chief inspector gXl 612 judge of court ' ana Canteen N.W.M. P. Ordinance, application to 593 Chemists and druggists, provisions affecting glQ Chief license inspector, appointment of 599 all applications to be made to C03 bribe, not to receive gl4 eertifioate of, prima facie evidence 620 defined 598 duties of 600 to act until commissioners appointed 626 send inspector list of applications 604 notify successful applicants 6O4 issue licenses 602 regarding applications out of regular period 605 send list of convictions to inspectors 604 keep register of licenses 600 record of convictions 619 record of applications 600 furnish extracts, etc 600 report monthly to commissioner 600 licenses to be signed by 601 illegal issue of, by 614 may be cancelled by 6ll salary 599 security 599 term of office , 599 Clerk of court may obtain extracts from register of licenses . . » 600 Clubs, applications by, for permit to licensees for sporting meetings, etc 602 Commissioner, may appoint chief inspector 599 inspectors 599 license commissioner 598 establish license districts 598 increase or reduce license fees 602 chief license inspector to repo-'t to monthly 600 Commissioners. See Board of License Commissioners. use own discretion in granting licenses 604 chief inspector to act until appointment of 626 td send certificate to chief inspector 604 to have same powers as J. Ps : 605 causing license to issue illegally S14 Company, incorporated, may become licensee 601 officer to act for 602 Complaint. See Prosecutions. against grant of license or transfer 606 Compounding offences, penalty for 614 Confiscation of liquor found on unli jensed prfimises 617 Constable, authority of ^ 613 616 bribing or attempting to bribe 614 duties, as to removal of disorderly persons 613 obstructing, penalty for 616 powers and duties in preventing or detecting violation of ordinance 616 Conviction. See Penalties, Prosecutions, Forfeiture. forms of ^^2 penalty where none fixed "1^ •720 CONSOLIDATED ORDINANCES The figures refer to the top paging. Page. Liquor License— Contiimed. Conviction — Concluded. procedure where previous- conviction charged 61^ record of, to be indorsed on license . 61i> report of to chief inspector ... 61!> several on same day 620 statement of convictions to be sent inspector , . , . 61<> third, effect of , 616- wholesale licensee, of, effect 601 Costs, no, against inspectors 6I9 See Penalties. to magistrats 619 to inspectors on prosecutions 623- Dancing not allowed 611 Dance halls no connection with licensed premises allowed 611 Dawson, license fees in ' 602 no saloon except in 601 Death, accidental, while intoxicated, liability of person furnishing liquor 626- licensee, of, transfer of license 606- Disorderly conduct on licensed premises, penalty . 613 licensee may expel disorderly person 6l3 Disqualified persons, applicant refused for unfitness barred for one year 606 person convicted for third offence 616 where tenant disqualified board may authorise owner's agent to continue business 607 wholesale licensee allowing consumption on premises 601 Druggists, provisions affecting 61O requisition for liquor during prohibited hours 610- Drunkenness, on licensed premises, allowing, penalty 613- Drunken person, interdiction 623 licensee may expel 61 3 sale to, penalty 625- Ejectment of licensee, license to new tenant in case of 606 disorderly persons from licensed premises . 613 Elections, sale or disposal of liquor during, prohibited 615 Employee, licensee liable for certain acts of 613 610 occupant liable for certain acts of 62x males under 18 and females not to serve liquor in hotels 611 Escape, assisting person to 61f penalty 615 Evidence, act of servant that of licensee, when 615- certificate of chief inspector as to license 620 consideration, for sale or baiter, of; unnecessary 625 interdicted person, of 625- precise description of liquor, of, unnecessary 622 presence of liquor, utensils, etc 621 production of certificate of chief inspector, prima fauie proof, etc 620 regulation of board, of 621 witnesses, magistrate may compel attendance of 622 to produce documents 623- compelled to answer all questions 623 sale, disposal or consumption, of 621 signs or marks inducing belief that premises licensed, etc 622 Exceptions in information need not be negatived 618 Execution, sale of liquor imder 59& Eees See License moneys and fees. to magistrates 619' to inspectors on prosecutions 62S. Liquor License- Continued. INDEX 172I The figures refer to the toj) paging. Page. fiOl 607 Females not to be permitted to serve liquor gii no percentage allowed to gi o Female licensee, marriage of (•r.j Fines See Penalties. i orfeiture of license on conviction of wholesale licensee by tenant, owner's rights fraud in obtaining (;q